Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart B - RIGHTS AND RESPONSIBILITIES › Section 10.380 - Single Conviction of Fraud - Administrative Review Board

Current through Register Vol. 48, No. 28, July 12, 2024
Except as provided in Section
				  10.370,
				  any person who has been found guilty of a criminal violation of Article VIIIA
				  of the Illinois Public Aid Code [305 ILCS 5 /Art. VIIIA] or of any law of the
				  United States or of any state that is substantially similar to Sections 8A-2
				  through 8A-5 for violations related to public assistance programs and who has
				  not previously been convicted for a criminal violation of Article VIIIA or of
				  any law of the United States or of any state that is substantially similar to
				  Sections 8A-2 through 8A-5 for violations related to public assistance programs
				  shall be subject to the provisions of this Section upon filing a subsequent
				  application for public assistance under TANF, AABD, Refugee Assistance, or the
				  GA program (in the City of Chicago).
a) The application will be reviewed by an
				Administrative Review Board (ARB) prior to approval or disapproval. The ARB
				shall consist of the Local Office Administrator of the local office where the
				application is made and a representative of the Zone Office, appointed by the
				Zone Office Administrator.
b) The
				review by the ARB shall be for the purpose of determining the person's
				eligibility for assistance and to determine whether any additional
				administrative safeguards are required to prevent any future violations of
				Article VIIIA.
c) The review shall
				be informal. The applicant will be notified, in writing, of the review at least
				five days in advance. The review will be held in the county where the applicant
				resides. The applicant may attend the review and may bring other persons to the
				review to speak on his or her behalf, including an attorney, relatives or
				friends. The review shall be open to the public, unless the applicant and the
				ARB determine otherwise. The review shall be held within such a time as not to
				delay the decision on the application beyond the time allowed under State and
				Federal law and regulations (see Section
				10.420
				).
d) If the ARB determines the
				applicant is not eligible for public assistance, based on applicable
				eligibility factors of the program or programs for which the applicant is
				applying, the applicant will be notified in the same manner as other
				applicants. The applicant shall be entitled to appeal any decision of denial.
				The grounds for appeal and appeal procedure to be followed are found at 89 Ill.
				Adm. Code 10 and 14.
e) If the ARB
				determines the applicant is eligible for public assistance, the ARB shall also
				determine what administrative safeguards, if any, are required to ensure that
				the person does not commit further violations of Article VIIIA. Such safeguards
				shall be based on the individual factors of each case and may include, but are
				not limited to, more frequent home visits, more frequent reports regarding
				financial or other factors, appointment of a substitute payee, or any other
				actions that are permitted by State and Federal law and regulations.
f) The applicant will be notified, in
				writing, of the decision of the ARB and an explanation of the administrative
				safeguards required in his or her case. The applicant shall be entitled to
				appeal any decision of the ARB.
g)
				The ARB shall review the necessity for any administrative safeguard every six
				months. At the review, the necessity to continue or reverse the administrative
				safeguards will be determined.