Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 100 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Subpart A - GENERAL PROVISIONS › Section 100.90 - Dispute Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
Applicants shall be provided with an opportunity for a fair
				  administrative hearing when claims for energy assistance are denied or are not
				  acted upon within prescribed timelines (see Section
				  100.250(d)
				  ), or if the applicant disputes the amount or type of assistance granted. LAAs
				  shall inform each applicant of their right to the appeals process. The hearing
				  and appeals process includes three levels of appeal: the informal conference,
				  the state review, and the formal hearing.
a) The Informal Conference
1) This process consists of an initial
				informal conference held by a staff hearing officer of the LAA at which the
				applicant applied. This informal conference is designed to ensure that the
				applicant understands the reason(s) for the action taken by the LAA and to
				ensure that the application was processed in accordance with Section
				100.250.
2) Any applicant receiving
				or denied energy assistance has a right to request an informal conference
				within thirty (30) days of receipt of a notice of a decision on the applicant's
				application.
3) Any applicant who
				has submitted a completed application but has not been notified of the
				application status within thirty (30) days of the date of a complete
				application, has a right to request an informal conference within sixty (60)
				days of the date the application was complete.
4) Any applicant requesting an informal
				conference shall be furnished the reason for the decision on the application
				and be allowed to review the documents leading to the decision prior to the
				informal conference.
5) The
				informal conference must:
A) be held at the
				application site closest to the applicant's residence or at the applicant's
				residence if they are confined;
B)
				be conducted by a LAA staff member who was not involved in the original
				decision (the LIHEAP coordinator may also attend);
C) be held within fifteen (15) calendar days
				of the receipt of request;
D)
				afford the applicant an opportunity to bring an interpreter and/or
				representative; and
E) allow the
				applicant to present oral and written testimony on his/her behalf.
6) The LAA will give the applicant
				a written statement at the end of the conference describing the result of the
				conference and citing the policy reasons for the decision. A copy of this
				report must be filed in the applicant's file.
7) In the event of a finding in support of an
				applicant, the LAA shall, within fifteen (15) days of the finding, process the
				application and notify the applicant and the home energy provider(s) in writing
				of the applicant's eligibility. In the case of an emergency assistance
				application, the LAA shall process the application and notify the applicant and
				the home energy provider(s) within forty-eight (48) hours. In the event of a
				disapproval, the LAA shall provide the applicant with a Request for State
				Review Form. The request must specify the LAA at which the household applied
				for assistance, whether the LAA has held an informal conference, and the
				reasons for requesting a state review.