Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 102 - RIGHTS AND RESPONSIBILITIES › Section 102.280 - Single Conviction of Fraud - Administrative Review Board

Current through Register Vol. 48, No. 28, July 12, 2024
Except as provided in Section
				102.270,
				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 which 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 which 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 AFDC, 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 89 Ill. Adm. Code
			 110.20 ).
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 is found at 89 Ill. Adm. Code 102 and 104.)
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 which 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.