reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 501 - PARTNER ABUSE INTERVENTION › Subpart C - GRANTS › Appendix A - Attitudes and Behaviors Addressed in Group Activities

Current through Register Vol. 48, No. 28, July 12, 2024
The belief that men are superior to women and have the right
				  to dominate them may be a principal contributor to partner abuse.
a) Group activities shall focus on the following
				  attitudes and behaviors:
1) Belief in egalitarian partnership;
2) Respect for equal rights;
3) Awareness that abuse is an intentional strategy
				  designed to exert power and control over intimate partners;
4) Identification and appropriate expression of a
				  full range of emotions;
5) Awareness of the financial costs on families
				  and society (police, employers, courts) of intimate partner violence;
6) Empathy for the victim's experience;
7) Understanding the negative effects of the abuse
				  on victims, children, abusers, the community and society as a whole;
8) Encouraging examination of life experiences and
				  belief systems (e.g., family, community and culture) that have fostered choices
				  for abusive behavior;
9) Nonabusive beliefs and choices; and
10) Acknowledgement and consideration of others'
				  needs that are independent of abusers' needs.
b) Group activities shall challenge, among others, the
				  following attitudes:
1) Justification of violence, such as revenge,
				  retaliation, etc.;
2) Normalization of the violence;
3) Right/need to exert power and control over
				  intimate partners;
4) Self-centered thinking;
5) Substance abuse and past victimization cause
				  violent behavior;
6) Rigid sex-role stereotypes;
7) Aggression as a conflict resolution tool;
				  and
8) Oppressive beliefs systems (e.g., sexism,
				  racism, bias based on sexual orientation) that result in violent
				  behavior.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 505 - CONFIDENTIALITY OF INFORMATION › Section 505.5 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Customer - Means a person who is receiving, has received, or
				has applied for any DHS-ORS services, including a student at a DHS-ORS school,
				or the person empowered by law to act on behalf of the customer.
Confidential Information - Means all closed, active and future
				records and conversations (including Teletypewriter/Telecommunication Devices
				for the Deaf (TTY) between the customer and counselor kept by DHS-ORS,
				concerning the customer's program of services. Printouts from TTY conversations
				must be destroyed upon completion and documentation of the call.
DHS-ORS - Means the Illinois Department of Human Services -
				Office of Rehabilitation Services.
Employee - Means any person employed by DHS-ORS to participate
				in the delivery of DHS-ORS programs. As used in this Part, the term shall also
				include supervisory level personnel and others in management positions.
Guardian - Means the person appointed by a court as the
				guardian of the person of a minor or of an adult.
Parent - Means either a natural or adoptive parent, except
				those whose parental rights have been terminated voluntarily or by order of a
				court, or otherwise restricted by order of a court.
Representative - Means the person that the customer by Power of
				Attorney, or otherwise in writing, has authorized to act on the customer's
				behalf.
Services - Means the assistance and support available under
				DHS-ORS programs to a customer.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 505 - CONFIDENTIALITY OF INFORMATION › Section 505.10 - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) DHS-ORS, through
			 its facilities and various offices, shall maintain records on all customers.
			 All records shall be of a confidential nature and shall not be made available
			 to the general public.
b) Except as
			 required or allowed in this Part, no confidential information obtained
			 concerning customers may be disclosed without the consent of that individual.
			 If the information concerns a minor, the consent of a parent or a guardian must
			 also be obtained. After a person has reached the age of 18 years, the records
			 of that individual may be disclosed only with the consent of that individual,
			 or, if one has been appointed, the guardian of the person of an
			 adult.
c) Except as provided in
			 this Part, each customer who has reached 12 years of age, a parent of a minor
			 customer, or a guardian or duly authorized representative of a customer shall
			 have full access to the confidential information contained in the customer's
			 record.
d) All customers,
			 representatives, service providers, cooperating agencies, and interested
			 persons shall be informed of the confidentiality of personal information and
			 the conditions for accessing and releasing this information.
e) All customers and their representatives
			 must be informed about DHS-ORS' need to collect personal information and the
			 policies governing its use. DHS-ORS shall inform customers of the following:
1) the authority under which information is
			 collected;
2) the principal
			 purposes for which DHS-ORS intends to use or release the information;
3) whether the customer's provision of the
			 information is mandatory or voluntary and the effects of not providing
			 requested information to DHS-ORS;
4) those situations where DHS-ORS requires or
			 does not require informed written consent of the customer before information
			 may be released; and
5) other
			 agencies to which information is routinely released and the types of
			 information so released.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 505 - CONFIDENTIALITY OF INFORMATION › Section 505.30 - Ownership of Records

Current through Register Vol. 48, No. 28, July 12, 2024
All confidential information acquired by DHS-ORS is the
				property of DHS-ORS and shall remain so. All contracts, grants, agreements, and
				other documents entered into by DHS-ORS shall so provide, and any attempt to
				waive this provision shall be void.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 505 - CONFIDENTIALITY OF INFORMATION › Section 505.40 - Release of Confidential Information without the Consent of the Customer

Current through Register Vol. 48, No. 28, July 12, 2024
a) An employee may,
			 in the course of providing services, disclose confidential information without
			 the consent of the customer to other DHS-ORS employees (e.g., counselor's
			 supervisor, Legal Counsel, Hearings Coordinator), with the exception cited in
			 Section
			 505.80(b) and
			 (c). However, information in a vocational
			 rehabilitation file may be shared only if it is for the administration of the
			 VR program. Information in a VR file may be released to HSP, DDS and other
			 non-VR divisions only if the customer whose information is to be released
			 consents.
b) Pursuant to DHS-ORS
			 obligations under federal and State law and regulations to utilize both similar
			 benefits and alternative programs for which a customer may be eligible, the
			 employee may disclose to agencies having such programs or benefits personal
			 identifying information obtained during the intake process without the consent
			 of the customer. However, only such personal identifying information as is
			 essential to the referral shall be disclosed. The remainder of the information
			 shall only be released to another agency after written consent from the
			 customer is obtained.
c) Only the
			 Associate Director, Office of Rehabilitation Services shall authorize the
			 release of confidential information to an organization, agency, or individual
			 engaged in audit, evaluation, research, or employee disciplinary actions and
			 only for purposes directly connected with the administration of the program or
			 for purposes which would significantly improve the quality of life for persons
			 with disabilities. The organization, agency, or individual shall assure that:
1) the information shall be used only for the
			 purposes for which it is being provided;
2) the information shall be released only to
			 persons officially connected with the audit, evaluation or research, or
			 employee disciplinary action;
3)
			 the information shall not be released to the customer;
4) the information shall be managed in a
			 manner to safeguard confidentiality; and
5) the final product shall not reveal any
			 personal identifying information without the informed written consent of the
			 customer.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 505 - CONFIDENTIALITY OF INFORMATION › Section 505.50 - Release of Confidential Information with the Consent of the Customer

Current through Register Vol. 48, No. 28, July 12, 2024
The customer, parent of a minor customer, guardian or
				representative may request and consent in writing to the release of
				confidential information to the customer, parent of a minor customer, guardian
				or representative, or other individual, agency or organization. The following
				rules shall apply to all such releases:
a) When such a request for release of
			 confidential information to the customer, parent of a minor customer, guardian
			 or representative is received, all confidential information contained in the
			 customer's file may be inspected and copied with the exceptions as noted below:
1) Information which has been obtained from
			 another individual, agency or organization and which that individual, agency or
			 organization has specifically prohibited DHS-ORS from further releasing. In
			 such instances, the customer shall be informed of the source of such
			 information in order to access it directly from the originator.
2) Any medical or psychological information
			 not precluded from release by subsection (a)(1) which would be harmful to the
			 customer, as determined by the counselor, shall be released only to the
			 customer's parent, guardian, or representative, or to a physician or licensed
			 or certified psychologist. When releasing such information, DHS-ORS shall
			 caution the receiver of the information that it may be harmful to the customer
			 and that, therefore, the receiver is responsible for the use of the
			 information.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 505 - CONFIDENTIALITY OF INFORMATION › Section 505.60 - Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) When
			 confidential information is released, the DHS-ORS employee releasing it shall
			 place a note on the CASE FOLDER MEMORANDUM stating the name of the person to
			 whom it was given, the date, and the reason for such release. Additionally, the
			 receiver shall be sent a notation from the releasing employee that the
			 information is confidential and may be used only for the purposes for which it
			 is released, and may not be further distributed without the written consent of
			 both DHS-ORS and the customer.
b)
			 If a person outside DHS-ORS properly authorized under this Section merely reads
			 the confidential file, a notation shall be placed in the file stating his or
			 her name, the name of the agency or organization, the date and the reason such
			 reading or disclosure was permitted.
c) No confidential information shall be
			 released over the telephone to persons outside DHS-ORS without the written
			 consent of the customer or in situations authorized under this Section when no
			 consent is required. In all telephone contacts, including DHS-ORS employees,
			 involving the confidential information, a notation shall be made in the CASE
			 FOLDER MEMORANDUM of the release.
d) The original file may not be removed from
			 the control of DHS-ORS, except in compliance with a subpoena or in the
			 discretion of the Associate Director, but may be viewed in the office in
			 compliance with this Section. All other releases requesting or requiring copies
			 shall be provided through photocopies. Except for customers, DHS-ORS may charge
			 its actual cost for such copies.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 505 - CONFIDENTIALITY OF INFORMATION › Section 505.70 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
a) When a subpoena
			 for the production of records is received by DHS-ORS, the employee receiving it
			 shall release such information in accordance with the requirements and
			 procedures of this Part, and with the terms of the subpoena. A written notice
			 shall accompany the records identifying the removed material and directing the
			 person issuing the subpoena for records to the proper source for release of
			 Section
			 505.50(a)(1)
			  records or to the customer for consent for
			 Section
			 505.80(a)
			  records.
b) Information which is governed by the
			 following Sections shall be removed before releasing the file, if the release
			 is other than in court:
1) Section
			 505.50(a)
			 which a providing individual, agency or organization refuses to allow DHS-ORS
			 to release; or
2) Section
			 505.10(h).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 505 - CONFIDENTIALITY OF INFORMATION › Section 505.80 - Additional Rules

Current through Register Vol. 48, No. 28, July 12, 2024
a) The release
			 by DHS-ORS of any clinical, social work, psychological, psychiatric or other
			 information of a mental health or developmental disability services nature,
			 including, but not limited to, examination, diagnosis, evaluation, treatment,
			 training, pharmaceuticals, aftercare, habilitation or rehabilitation, shall be
			 governed by the Mental Health and Development of Disabilities Confidentiality
			 Act [740 ILCS 110 ] unless requirements of the federal regulations (
			 34
			 CFR 361.49 ) are more stringent.
b) AIDS, ARC, HIV Information.
No person or employee shall disclose or be compelled to
				disclose the identity of a customer or of a DHS-ORS student who has been
				exposed to the human immunodeficiency virus (HIV), the identity of the person
				upon whom a HIV test is performed or the results of such a test without the
				written informed consent of the customer or student, or legally authorized
				representative, except as permitted by the Illinois AIDS Confidentiality Act
				[410 ILCS 305 ].
c) AIDS
			 Information as it Relates to DHS-ORS Schools
1) A DHS-ORS school principal shall only
			 disclose the identity of an HIV infected student:
A) if notified by a public health authority
			 (e.g., Illinois Department of Public Health, county or city health department)
			 that the student has been exposed to the HIV infection;
B) if in the principal's judgement it is
			 necessary per the Communicable Disease Prevention Act [410 ILCS 315 ];
			 and
C) if approval to share the
			 information has been obtained through the chain of command to the Associate
			 Deputy Director of the Bureau of Rehabilitation Services, but identifying
			 information may not be disclosed to obtain approval.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 508 - ADMINISTRATIVE HEARINGS › Section 508.10 - Authority - Applicability of This Part

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part on practice and procedure for
			 administrative hearings is promulgated pursuant to Section 5-10(a)(i) of the
			 Illinois Administrative Procedure Act (IAPA) [
			 5 ILCS
			 100/5-10(a)(i) ]. This Part shall
			 apply to all administrative hearings of the Department of Human Services
			 governed by the Department's rules at 59 Ill. Adm. Code 50 (Office of the
			 Inspector General Investigations of Alleged Abuse or Neglect in State-Operated
			 Facilities and Community Agencies), 59 Ill. Adm. Code
			 101.75
			 (Conduct of Hearings and Appeals for Bogard et al. v Bradley et al. Consent
			 Decree Class Members), 59 Ill. Adm. Code 115 (Standards and Licensure
			 Requirements for Community-Integrated Living Arrangements), 59 Ill. Adm. Code
			 116 (Administration of Medication in Community Settings), 59 Ill. Adm. Code 117
			 (Family Assistance and Home-Based Support Programs for Persons with Mental
			 Disabilities), 59 Ill. Adm. Code 119 (Minimum Standards for Certification of
			 Developmental Training Programs), 77 Ill. Adm. Code 672 (WIC Vendor Management
			 Code), 77 Ill. Adm. Code 2060 (Alcoholism and Substance Abuse Treatment and
			 Intervention Licenses), 89 Ill. Adm. Code 511 (Grants and Grant Funds
			 Recovery), 89 Ill. Adm. Code 527 (Recovery of Misspent Funds) and 89 Ill. Adm.
			 Code 530 (Criteria for the Evaluation of Programs of Services in Community
			 Rehabilitation Programs). All contested cases and licensing actions therein
			 that are required by law to be preceded by a notice and opportunity to be heard
			 shall be governed by this Part.
b)
			 Where a statute or rule prescribes certain alternative procedures or
			 requirements for hearings, those procedures or requirements will be followed as
			 though they were set forth in this Part. In the event there is a conflict
			 between the statute or rule and this Part, the more specific rule or statute
			 shall prevail.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 508 - ADMINISTRATIVE HEARINGS › Section 508.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Administrative Hearing" shall mean a contested case or a
				hearing in which the rule establishing the right to hearing references this
				Part.
"Administrative Law Judge" shall mean any attorney licensed to
				practice law in Illinois, appointed by the Secretary to preside at an
				administrative hearing.
"Contested Case" means an adjudicatory proceeding (not
				including ratemaking, rulemaking, or quasi-legislative, informational, or
				similar proceedings) in which the individual legal rights, duties, or
				privileges of a party are required by law to be determined by an agency only
				after an opportunity for a hearing [5
				ILCS 100/1-30 ].
"Day", unless otherwise noted, shall mean a day on which the
				State of Illinois offices are open for business. This would exclude Saturdays,
				Sundays and State holidays.
"Department" shall mean the Department of Human Services, State
				of Illinois.
"IAPA" shall mean the Illinois Administrative Procedure Act [5
				ILCS 100 ].
"License" means the whole or part of any Department permit,
				certificate, approval, registration, charter, or similar form of permission
				required by law [5 ILCS 100/1-35
				].
"Licensing" means the Department process respecting the grant,
				denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of
				a license [5 ILCS
				100/1-40 ].
"Party" means the Department or each person or agency named or
				admitted as a party or properly seeking and entitled as of right to be admitted
				as a party [5 ILCS 100/1-55 ]
				or intervener whose petition to intervene has been granted.
"Person" means any individual, partnership, corporation,
				association, governmental subdivision or public or private organization of any
				character other than the Department [5 ILCS
				100/1-60 ].
"Petitioner" means the party who requests the hearing.
"Respondent" means the party against whom a petition is
				filed.
"Secretary" shall mean the Secretary or the designee of the
				Secretary of the Department of Human Services, State of Illinois.
"WIC Hearing" refers to a hearing under the WIC Vendor
				Management Act [410 ILCS 255 ].
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 508 - ADMINISTRATIVE HEARINGS › Section 508.30 - Appearance - Representation by Counsel

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any party to a proceeding may appear by
			 himself or herself or may be represented by someone of the party's
			 choosing.
b) All persons appearing
			 in proceedings before the Department, including a non-attorney representative,
			 shall conform to the standards of conduct required of attorneys before the
			 courts of Illinois. If any person does not conform to such standards, the
			 administrative law judge may decline to permit such person to continue to
			 appear in the proceeding.
c) Any
			 attorney or other person appearing before the Department as a representative of
			 a party shall file an Appearance containing: the name of the party represented;
			 the name, address and telephone number of the attorney or representative; an
			 affirmative statement that the attorney is duly licensed in the State of
			 Illinois; an affirmative statement, if representing a corporation, that the
			 individual is duly authorized to represent the corporation; and the written
			 signature of the attorney or representative.
d) Special appearances are not recognized.
			 The initial appearance regardless of form is deemed a general
			 appearance.
e) An attorney or other
			 person appearing before the Department as a representative may withdraw his or
			 her appearance and/or representation only upon motion and appropriate ruling by
			 the administrative law judge. However, attorneys may be substituted without
			 motion upon notice to all parties and the administrative law judge if the
			 substitution will not delay the proceedings, a statement to that effect is
			 contained in the notice, and a substitute Appearance form is filed concurrently
			 with the notice.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 508 - ADMINISTRATIVE HEARINGS › Section 508.40 - Emergency Action

Current through Register Vol. 48, No. 28, July 12, 2024
If the Secretary finds that the public interest, safety or
				welfare requires emergency action, and if theSecretaryincorporates a finding to
				that effect in an order, summary suspension of a license orauthorization to
				conduct a particular activitymay be ordered pending proceedings for revocation,
				terminationor other actions. These proceedings shall be promptly instituted and
				determined. [5 ILCS 100/10-65
				]
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 508 - ADMINISTRATIVE HEARINGS › Section 508.50 - Notice and Initiation of an Administrative Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) When the Department serves a Notice of
			 Opportunity for an Administrative Hearing it shall contain:
1) a statement of the nature of the
			 action;
2) a statement of the legal
			 authority and jurisdiction under which the action is being initiated;
3) a reference to the particular sections of
			 the statutes and rules involved;
4)
			 allegations of noncompliance specifying the basis for the Department's action
			 (e.g., audit findings, investigative reports, the rule being violated,
			 etc);
5) a statement of the
			 procedure for requesting an administrative hearing, including a date by which
			 the request must be received by the Department, which must be set at least ten
			 days after the Notice is mailed or personally served; and
6) except where a more detailed statement is
			 otherwise provided for by law, a short and plain statement of the matters
			 asserted, the consequences of a failure to respond, and the official file or
			 reference number. [5 ILCS
			 100/10-25 ]
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 508 - ADMINISTRATIVE HEARINGS › Section 508.60 - Motions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Motions, unless
			 made during a hearing, shall be made in writing and shall set forth the relief
			 or order sought and the legal authority for the action requested. Except as
			 otherwise provided in this Part or by a specific statute or rule, motions may
			 seek any relief or order recognized in the Illinois Code of Civil Procedure
			 [735 ILCS 5 ] and Rules of the Illinois Supreme Court and shall include a
			 reference to the applicable Section of such Code or Rules. Motions based on a
			 matter that does not appear of record shall be supported by
			 affidavit.
b) Written motions shall
			 be titled as to the party making the motion and the nature of the relief
			 sought. Such title shall be in capital letters and shall be placed either below
			 the caption or to the right of the caption beneath the docket number. No motion
			 shall be identically titled with any other motion. Examples of properly titled
			 motions: RESPONDENT'S MOTION TO DISMISS, RESPONDENT'S SECOND MOTION TO
			 DISMISS.
c) Motions, objections and
			 requests for continuances and all responses shall be in writing unless made at
			 a prehearing conference or a hearing.
d) Motions on the pleadings if not raised at
			 the earliest opportunity shall be deemed waived. Motions on the pleadings shall
			 not be granted if the pleadings are not in conformity with this
			 Section.
e) The administrative law
			 judge shall not have the authority to dismiss, postpone, vacate, or overturn an
			 order or decision issued by the Secretary.
f) Motions for a continuance shall be granted
			 only for good cause shown. Good cause may include, but is not limited to, the
			 death or illness of the grievant or a witness, inclement weather that severely
			 limits travel in the area of the hearing, etc. With the exception of an
			 emergency, motions for a continuance shall be in writing and filed at least 7
			 days prior to the hearing. Motions for a continuance shall be made immediately
			 when the party learns that a continuance is needed and shall contain statements
			 as to when the party learned that a continuance was needed, steps that were
			 taken to avoid the continuance, and the current reasons the continuance is
			 needed. After one continuance has been granted to a party additional
			 continuances may be granted to that party only if:
1) a hearing on the issue of whether or not
			 to grant the continuance has been held and the administrative law judge finds
			 that the moving party has presented sufficient evidence showing entitlement to
			 another continuance;
2) there is an
			 emergency; or
3) all parties so
			 stipulate.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 508 - ADMINISTRATIVE HEARINGS › Section 508.70 - Filing

Current through Register Vol. 48, No. 28, July 12, 2024
a) All pleadings,
			 written motions, or notices filed in the administrative proceedings shall be
			 dated and signed by the party filing the paper or his or her attorney or
			 representative.
b) Pleadings,
			 written motions, and notices shall contain the address of the party filing the
			 paper or, if represented by an attorney or other representative, the name and
			 business address and telephone number (including area code) of such attorney or
			 representative.
c) Motions and
			 notices may be filed by facsimile, but the original must also be mailed on the
			 same day.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 508 - ADMINISTRATIVE HEARINGS › Section 508.80 - Service

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notices under
			 Section
			 508.50(a)
			 shall be served either personally or by certified mail upon all parties or
			 their agents appointed to receive service of process unless the applicable
			 statute or rule requires a different form of service, in which case service
			 shall conform to the statute or rule.
b) Service to the last official address of a
			 party, or agent provided to the Department by a party, shall be considered in
			 compliance with this Section. Notices sent by certified mail to that address
			 and that have been returned to the Department as unclaimed or refused by the
			 addressee shall be considered served. For purposes of this Section, the "last
			 official address" shall be: the address listed on the most recent application
			 submitted to the Department, unless the Department has been subsequently
			 notified in writing of a change of address.
c) Service of pleadings or motions under this
			 Part, unless otherwise provided for, shall be made by delivering in person or
			 by depositing with the United States Postal Service, properly addressed with
			 postage prepaid, one copy to each party to the proceedings. When any party has
			 appeared by attorney, service upon the attorney shall be deemed service upon
			 such party. All pleadings or motions under this Part shall also be served upon
			 the administrative law judge.
d)
			 Proof of service under subsection (b) of this Section shall be by certificate
			 of attorney, affidavit or acknowledgment.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 508 - ADMINISTRATIVE HEARINGS › Section 508.90 - Prehearing Conferences

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
			 prehearing conference may be scheduled by the administrative law judge or
			 Department at their discretion or as a result of a request pursuant to
			 subsection (b) of this Section. This conference shall be for the purpose of
			 considering:
1) the simplification of the
			 issues;
2) amendments to the
			 pleadings;
3) the possibility of
			 obtaining admissions of fact and of documents that will avoid unnecessary
			 proof;
4) limitation of the number
			 of expert witness; and
5) any other
			 matters that may aid in the disposition of the hearing.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 508 - ADMINISTRATIVE HEARINGS › Section 508.100 - Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
a) At least 7 days
			 prior to the commencement of the hearing, each party shall provide all other
			 parties with a copy of any document that it intends to offer into evidence.
			 This subsection does not apply to documents already provided by the Department
			 under this Part.
b) At least 7 days
			 prior to the commencement of the hearing, each party shall provide all other
			 parties with a list containing the name and address of any witness who may be
			 called to testify.
c) All parties
			 shall be entitled to any exculpatory evidence in the other party's possession
			 that tends to support the opponent's position or that might impeach the
			 credibility of the party's own witness. Such documentation shall be produced at
			 least 7 days prior to the hearing.
d) Upon a written request by the Department,
			 at any time after a notice or hearing request is filed, or at any stage of the
			 hearing, a party shall be required to produce within 7 days documents, books,
			 records, or other evidence that relates directly to the conduct of the business
			 entity that is the subject of the administrative hearing.
e) All parties shall be under a continuing
			 obligation to promptly update requested discovery until the hearing is
			 concluded without the necessity for further or additional requests.
f) There shall be no depositions for
			 discovery purposes or interrogatories allowed in any proceedings brought
			 pursuant to this Part, except for good cause as determined by the
			 administrative law judge. Evidentiary depositions of material witnesses shall
			 be allowed by the administrative law judge for good cause, including but not
			 limited to age, infirmity, or inability to travel.
g) Requests to Admit Facts and Genuineness of
			 Documents shall be allowed in accordance with Supreme Court Rule 216.
h) Nothing contained herein shall preclude
			 the parties from agreeing to the voluntary exchange of more information than is
			 required.
i) A request for
			 discovery shall be considered an appearance by the party.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 508 - ADMINISTRATIVE HEARINGS › Section 508.120 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 administrative law judge may issue a subpoena to compel the attendance of a
			 witness or the production of documents when such witness or such documents
			 contain relevant evidence but the evidence is not being presented by the party,
			 witness or holder of the document. A party may also request the administrative
			 law judge to issue a subpoena to compel the attendance of a witness or the
			 production of documents. The request shall be either in writing or on the
			 record and shall:
1) Identify the witness or
			 document sought; and
2) State the
			 facts that will be proven by each witness or document sought.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 508 - ADMINISTRATIVE HEARINGS › Section 508.130 - Administrative Law Judge's Report and Recommendations

Current through Register Vol. 48, No. 28, July 12, 2024
a) At the conclusion of a hearing at which
			 the decision-maker has not presided, the administrative law judge shall submit
			 a decision, opinion, or report, with his or her findings of fact and
			 conclusions of law and his or her recommendations, if any, to the
			 decision-maker. However, in a hearing under Section 45-25 of the Alcoholism and
			 Other Drug Abuse and Dependency Act [20 ILCS
			 301/45-25 ], the report shall only summarize the
			 testimony presented at hearing and the administrative law judge's opinion about
			 the reliability of the witnesses. The administrative law judge shall complete
			 the decision, opinion, or report within 30 days after the close of the
			 hearing.
b) The decision, opinion,
			 or report shall be accompanied by the audio or video recording or a transcript
			 of the proceedings, all exhibits admitted into evidence, copies of all
			 pleadings and documents or evidence made a part of the record and any other
			 material that is deemed to be a part of the record.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 508 - ADMINISTRATIVE HEARINGS › Section 508.140 - Proposal for Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a) When
			 the decision-maker has not heard the administrative hearing or read the record
			 and his or her final decision would be adverse to any party other than the
			 Department, a proposal for decision shall be served upon all parties to the
			 proceedings. The proposal for decision shall contain:
1) A statement of the reasons for the
			 proposed decision;
2) A statement
			 of each issue of fact or law necessary to the proposed decision.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 508 - ADMINISTRATIVE HEARINGS › Section 508.150 - Final Orders

Current through Register Vol. 48, No. 28, July 12, 2024
a) A written
			 Final Order shall be issued in every administrative hearing. A final order
			 shall include findings of fact and conclusions of law, separately stated. All
			 final orders shall specify whether they are final and subject to the Illinois
			 Administrative Review Law [735 ILCS 5 /Art. III] and any applicable licensing
			 statute.
b) A final order shall be
			 served on parties or their agents appointed to receive service of process
			 either personally or by registered or certified mail. [5 ILCS
			 100/10-50 ]
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 508 - ADMINISTRATIVE HEARINGS › Section 508.160 - Records of Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
a) A full
			 and complete record shall be kept of all proceedings. The record shall consist
			 of the following:
1) all pleadings (including
			 all notices and responses thereto), motions, and rulings;
2) a transcript of the hearing, if any, and
			 all evidence received;
3) a
			 statement of matters officially noticed;
4) any offers of proof, objections and
			 rulings thereon;
5) any proposed
			 findings and exceptions;
6) any
			 decision, opinion, or report by the administrative law judge;
7) all staff memoranda or data submitted to
			 the administrative law judge or members of the Department in connection with
			 their consideration of the administrative hearing; and
8) any communication prohibited by Section
			 10-60 of the IAPA [5 ILCS
			 100/10-60 ]. No such communication shall form the
			 basis for any finding of fact.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 508 - ADMINISTRATIVE HEARINGS › Section 508.170 - Miscellaneous

Current through Register Vol. 48, No. 28, July 12, 2024
a) Ex Parte
			 Consultation. Except in the disposition of matters that the Department is
			 authorized by law to entertain or dispose of on an ex parte basis, the
			 administrative law judge or Secretary shall not, after notice of hearing,
			 communicate directly or indirectly, in connection with any other issue of fact,
			 with any person or party, his or her representative, or any person interested
			 in the outcome of the proceeding, except upon notice and opportunity for all
			 parties to participate. However, a Department member may communicate with other
			 members of the Department or the administrative law judge may have the aid and
			 advice of one or more personal assistants.
1)
			 An ex parte communication received by any Department employee or the
			 administrative law judge shall be made a part of the record of the pending
			 matter, including all written communications, all written responses to the
			 communications, and a memorandum stating the substance of all oral
			 communications and all responses made and the identity of each person from whom
			 the ex parte communication was received.
2) Communications regarding matters of
			 procedure and practice, such as the format of pleadings, number of copies
			 required, manner of service, and status of proceedings, are not considered ex
			 parte communications under this Part. [5
			 ILCS 100/10-60 ]
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 509 - FISCAL/ADMINISTRATIVE RECORDKEEPING AND REQUIREMENTS › Section 509.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
General - This Part applies to all agencies providing services
				to the Department and its clients. This rule applies to all Department services
				and funds, including matching funds, if required as a prerequisite to receiving
				Department funds. The rule establishes minimum standards for fiscal and
				administrative recordkeeping. Individual programs and offices within the
				Department may establish additional requirements specific to their area. In the
				event of a conflict between this Section and program requirements, the more
				restrictive interpretation will apply. This Part may not be modified or waived
				unless provided for within the rule or unless necessary to comply with
				federal/State laws, regulations, or executive or administrative orders, or
				unless they are in violation of a valid judicial order or
				decision.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 509 - FISCAL/ADMINISTRATIVE RECORDKEEPING AND REQUIREMENTS › Section 509.20 - Allowable/Unallowable Costs

Current through Register Vol. 48, No. 28, July 12, 2024
Allowable/Unallowable Costs - Costs associated with Department
				programs are assumed to be allowable unless they are specified as unallowable
				by other Parts of Department rules, or by federal regulation or by individual
				program policies or directives of the Department.
a) Expenses reimbursable from Department
			 funds:
1) In general, expenses meeting all of
			 the following criteria are reimbursable from Department funds if the expenses
			 are:
A) Necessary and related to the
			 provision of program services;
B)
			 Reasonable to the extent that a given cost is consistent with the amount paid
			 by similar agencies for similar services;
C) Not specified in subsection (b) of this
			 Section as not reimbursable; and
D)
			 Not illegal.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 509 - FISCAL/ADMINISTRATIVE RECORDKEEPING AND REQUIREMENTS › Section 509.30 - Fiscal Requirements/Management

Current through Register Vol. 48, No. 28, July 12, 2024
a) The agency shall be managed in a manner
			 consistent with sound fiscal standards. The agency shall maintain written
			 policies and procedures regarding its fiscal activities, including but not
			 limited to payroll, purchasing, cash management, relevant fee schedules,
			 contracts and risk management. The agency must demonstrate internal controls
			 that are consistent with any generally accepted accounting principles or as may
			 be appropriate for the size of the organization as determined by the
			 Department.
b) An agency is
			 required to show proof that the governing body has approved a budget at least
			 annually. If the budget approved by the governing body indicates deficits for
			 Department-funded programs and/or for the agency as a whole, this should be
			 documented in the minutes of the governing body meeting. The governing body is
			 expected to fulfill its statutory responsibility.
c) If the agency has the responsibility for
			 the management of funds for the individuals it serves, such funds shall be
			 accounted for on an individual basis in a single separate account. Funds of an
			 individual served by the agency may not be converted for use by the agency. The
			 use of these funds is restricted to the direct needs and support of the
			 individual.
d) An agency that
			 assesses fees/co-payments to individuals for services shall maintain a written
			 policy for billing and collection of fees/co-payments. This policy will include
			 a system for billing individual's, with appropriate financial assistance based
			 on the ability of the individual or the individual's responsible relative to
			 pay. The system shall also provide a record of charges and a method of
			 collecting third party payments.
e)
			 No agency shall require an individual or family member to make cash or in-kind
			 contributions, or to provide unpaid services to the agency, beyond the fee
			 schedule specified in subsection (d) of this Section. No agency shall suggest,
			 imply, or give reason to believe that access to initial or continued service is
			 contingent on, or in anyway related to, voluntary contributions by an
			 individual or family member. Provision of service in Department-funded programs
			 shall not be denied on the basis of the individual's inability or ability to
			 pay unless the Department requires fees/co-payments as part of the eligibility
			 for services. Such required fees/co-payments must comply with subsection (d) of
			 this Section.
f) An agency is
			 permitted to establish and maintain reserve funds. However, the establishment
			 of or addition to a reserve fund is not permitted from grant funds.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 509 - FISCAL/ADMINISTRATIVE RECORDKEEPING AND REQUIREMENTS › Section 509.40 - Accounting Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each
			 agency shall establish and maintain an accounting system in accordance with
			 generally accepted accounting principles (GAAP).
b) Accounting transactions shall be properly
			 classified, adequately documented and recorded in appropriate books of original
			 entry (journals), and posted to general ledgers on a monthly basis.
c) For programs funded by the Department,
			 expenses shall be recorded by specific program. Expenses for all other programs
			 may be booked on total. Expenses that cannot appropriately be charged to one or
			 more specific programs shall be allocated on a reasonable basis to the various
			 benefitting programs, both Department-funded programs and programs funded from
			 other sources. It will be the agency's responsibility to document its program
			 expense allocation methodology and rationale.
d) All fiscal records shall be maintained for
			 at least five years after the end of the fiscal year to which they relate. If
			 need for them still remains, because of unresolved audit issues, litigation or
			 for similar reasons, related records must be retained until the matters are
			 completely resolved. Failure to maintain adequate records to document the
			 expenditure of DHS funds creates a presumption in favor of the Department for
			 recovery of the funds.
e) All
			 depreciation shall be computed on the straight line basis. The agency shall
			 clearly identify in its depreciation schedule any capital assets of $500 or
			 more acquired with Department grant funds.
f) The Department may establish additional
			 accounting requirements for specific grants or programs. Agencies receiving
			 such grants or receiving funds for such programs shall comply with those
			 special requirements.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 509 - FISCAL/ADMINISTRATIVE RECORDKEEPING AND REQUIREMENTS › Section 509.50 - Funding Suspension

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department may suspend funds to the provider for any of the following reasons:
1) Denying Departmental staff reasonable
			 access to records required under this Part or any other applicable rule of the
			 Department (i.e., records pertaining to the activities and responsibilities of
			 the provider necessary to document the use of Department funds or
			 responsibilities of the provider relative to the management of Department
			 funds);
2) Failure to implement
			 mutually agreed upon, written corrective actions that resulted from findings
			 and recommendations related to a Departmental initiated review. Providers will
			 be given a reasonable amount of time to implement corrective actions. Normally
			 this would be three to six months;
3) When the Department has information,
			 either from Department fiscal/administrative reviews or from an independent
			 audit, that leads to a reasonable conclusion that the provider is in
			 substantial non-compliance with generally accepted accounting principles or is
			 otherwise unable to protect and account for Department funds;
4) A founded complaint or report from another
			 State agency that impacts directly or indirectly on Department of Human
			 Services programs.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 509 - FISCAL/ADMINISTRATIVE RECORDKEEPING AND REQUIREMENTS › Section 509.60 - Cancellation of Award/Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
The Department may cancel the award/agreement for any of the
				following reasons:
a) Substantial or
			 material breach of the agreement;
b) Failure to implement a mutually agreed
			 upon, written corrective action plan within the reasonable period of time, when
			 the corrective action was necessary to remedy serious and substantial
			 deficiencies and weaknesses in the provider's fiscal and administrative
			 practices;
c) Documentation of
			 fraudulent or criminal activity, on the part of the provider, by either the
			 Department or other governmental or investigative bodies;
d) Determination by the Department, based on
			 a founded allegation, that the provider was responsible for abuse or neglect of
			 a client in the provider's care;
e)
			 Failure to take reasonable measures to protect Department funds from
			 misappropriation, embezzlement, or conversion for uses not approved by the
			 Department; or
f) A founded
			 complaint or report from another State agency relative to Department
			 programs.