reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart C - APPLICATION PROCESS › Section 10.440 - Denial of an Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				application for public assistance shall be denied if it is established that the
				applicant does not meet one or more of the eligibility requirements or if the
				applicant chooses to withdraw the application.
b) If the applicant is determined ineligible
				for public assistance, the notice (see Section
				10.420
				) shall include the reason why the applicant is ineligible.
c) If eligibility cannot be conclusively
				determined because of the applicant's unwillingness to cooperate in providing
				essential information or refusal to consent to verification by the local
				office, or the applicant has not provided sufficient information for a
				determination of eligibility, the application shall be denied.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 14 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart A - ASSISTANCE APPEAL › Section 14.1 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Part applies to Public Assistance appeals filed by or on
				  behalf of applicants or recipients of assistance under the Department of Human
				  Services.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 14 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart A - ASSISTANCE APPEAL › Section 14.2 - Incorporation By Reference

Current through Register Vol. 48, No. 28, July 12, 2024
Any rules or regulations of an agency of the United States or
				  of a nationally recognized organization or association that are incorporated by
				  reference in this Part are incorporated as of the date specified, and do not
				  include any later amendments or additions.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 14 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart A - ASSISTANCE APPEAL › Section 14.10 - Initiation of an Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a) For all
				appeals other than General and Transitional Assistance outside the City of
				Chicago, the appeal process is initiated by the appellant by:
1) filing a written, signed request with the
				Bureau of Assistance Hearings;
2)
				filing a written, signed request with the respective local office; or
3) telephoning a request to the Bureau of
				Assistance Hearing's toll free number for filing appeals.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 14 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart A - ASSISTANCE APPEAL › Section 14.11 - Pre-Hearing Meeting

Current through Register Vol. 48, No. 28, July 12, 2024
a) The local
				office shall schedule a pre-hearing meeting with the appellant within 10 days
				after a notice of appeal is received. If the issue being appealed is a denial
				for expedited food stamps, the local office shall schedule a pre-hearing
				meeting within 2 business days after a notice of appeal is received.
b) If the appellant does not withdraw the
				appeal following the meeting, the Department shall complete a written statement
				of facts supporting its action or inaction and provide it to the appellant. The
				appellant must receive that statement at least 2 business days before the
				Hearing. If the statement is mailed, the local office should allow at least 2
				business days for receipt.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 14 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart A - ASSISTANCE APPEAL › Section 14.12 - Review of Case Record

Current through Register Vol. 48, No. 28, July 12, 2024
Prior to the hearing the appellant shall have the opportunity
				  to examine appellant's case record and obtain copies of case record material.
				  Copies of the parts of the case record relevant to the hearing shall be
				  provided free if requested by the appellant.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 14 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart A - ASSISTANCE APPEAL › Section 14.15 - Notice of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall send written notice to the appellant and
				  any authorized representative of the time, date and place of the hearing. This
				  notice shall be provided at least 10 days prior to the
				  Hearing.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 14 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart A - ASSISTANCE APPEAL › Section 14.20 - Venue and Conduct of Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				All hearings will be conducted in the county in which the appellant resides or
				in another county acceptable to the appellant. Hearings under this Section may
				be conducted with some or all of the parties, including the hearing officer, at
				different locations connected with each other by telephone [305 ILCS
				5/11-8.2].
b) If the appellant is outside the State, the
				hearing officer may take depositions from the appellant and the appellant's
				witnesses or permit the appellant to present all relevant matter in support of
				this claim. This may be accomplished through witnesses acting in the
				appellant's behalf, or both by deposition or testimony of witnesses, depending
				upon the circumstances in each case [305
				ILCS 5/11-8.2].
c) All hearings will be conducted by:
1) An impartial hearing officer authorized by
				the Secretary to consider issues under appeal covered by this Part;
				or
2) A Public Aid Committee for
				General and Transitional Assistance appeals outside the City of
				Chicago.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 14 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart A - ASSISTANCE APPEAL › Section 14.21 - Representation

Current through Register Vol. 48, No. 28, July 12, 2024
The appellant may appear without representation at the
				  hearing or may be represented by legal counsel or other authorized
				  representative, in which case the appellant need not be present at the hearing.
				  The representative must have a written authorization signed by the appellant
				  prior to any action taken on behalf of the appellant. The action or inaction of
				  an authorized representative shall be deemed to be action or inaction of the
				  appellant.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 14 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart A - ASSISTANCE APPEAL › Section 14.22 - Appellant Participation in Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The appellant shall have the opportunity
				to:
1) Present evidence and witnesses in the
				appellant's behalf.
2) Refute
				testimony or other evidence and cross-examine witnesses.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 14 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart A - ASSISTANCE APPEAL › Section 14.23 - Evidentiary Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The hearing shall not be bound by common law or statutory
				  rules of evidence, or by technical or formal rules of procedure, but shall be
				  conducted in a manner best calculated to conform to substantial
				  justice.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 14 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart A - ASSISTANCE APPEAL › Section 14.30 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
Subpoenas must be requested by the appellant prior to the
				  hearing. Subpoenas may be granted at the discretion of the hearing officer or
				  other assistance hearing administrator if a hearing officer has not been
				  appointed.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 14 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart A - ASSISTANCE APPEAL › Section 14.35 - Amendment of Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
A request to amend an appeal may be made in writing prior to
				  the hearing, or at the hearing. The appeal may be amended only if, in the
				  judgment of the hearing officer, the amendment is germane to the subject matter
				  of the original request for an appeal hearing.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 14 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart A - ASSISTANCE APPEAL › Section 14.40 - Consolidation of Appeals

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department may consolidate a number of individual appeals for the purpose of
				conducting a single group hearing if it is determined that all of the appeals
				involve the same issue or similar issues, and the only issues in question are
				the application of State or federal law or policy.
b) An appellant may withdraw from the group
				and present an appeal individually if, in the judgment of the hearing officer,
				it is warranted by the circumstances.
c) The Department may consolidate a number of
				appeals filed by the same individual into a single hearing.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 14 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart A - ASSISTANCE APPEAL › Section 14.45 - Postponement or Continuation of Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department may postpone or continue a
				hearing as provided in this Section. As used in this Section, a "postponement"
				is a decision not to convene the hearing on its scheduled date. A "continuance"
				is a decision not to proceed with a hearing that has convened.
b) A request for postponement or continuance
				may be made by the appellant or the appellant's authorized representative.
				Except for the appellant's request for the first postponement of a food stamp
				appeal, a request to postpone a hearing must be in writing and received by the
				Bureau of Assistance Hearings at least 2 business days prior to the scheduled
				hearing date. A request for postponement made less than 2 business days prior
				to the scheduled hearing date will be granted only upon showing of good cause
				as defined in Section 14.60(e).
c)
				If the request for a continuance or postponement is granted, the Bureau of
				Assistance Hearings shall schedule a hearing as early as is reasonably
				practicable and shall notify the parties of the new date, time and place of the
				hearing.
d) Requirements for
				Requests
1) In a food stamp appeal the
				appellant's first request for postponement or continuance does not require
				showing of good cause or timely submission.
2) In a non-food stamp appeal, the
				appellant's first request for postponement or continuance does not require a
				showing of good cause, but a request for postponement does require timely
				submission.
3) All subsequent
				requests for postponement or continuance will be granted only upon timely
				submission and showing of good cause. Good cause to postpone or continue a
				hearing includes, but is not limited to, the reasons set forth in Section
				14.60(e).
4) Except for the first request for a
				postponement in a food stamp appeal, unless notified that the postponement has
				been granted, the appellant and representatives are expected to appear at the
				hearing. Failure to appear shall cause the dismissal of the appeal as set forth
				in Section 14.60.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 14 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart A - ASSISTANCE APPEAL › Section 14.50 - Withdrawal of Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
An appeal may be withdrawn by the appellant either prior to
				  or at the hearing. A withdrawal must be in writing and signed by the appellant
				  or entered on the record.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 14 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart A - ASSISTANCE APPEAL › Section 14.55 - Closing of Hearing Record

Current through Register Vol. 48, No. 28, July 12, 2024
At the adjournment of the hearing, the record shall be closed
				  and no further evidence may be submitted. Prior to adjournment of the hearing,
				  a request to leave the record open for a specified period for the submittal of
				  additional evidence specifically identified during the hearing may be granted
				  by the hearing officer. Copies of any evidence presented after the hearing
				  shall be provided to all parties.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 14 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart A - ASSISTANCE APPEAL › Section 14.60 - Dismissal of Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a) An appeal
				shall be dismissed if:
1) The appellant or
				the appellant's authorized representative does not appear at the time, date and
				place designated for the hearing; or
2) The appellant or the appellant's
				authorized representative fails or refuses to proceed with the
				hearing.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 14 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart A - ASSISTANCE APPEAL › Section 14.70 - Final Administrative Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a) Following the hearing, a Final
				Administrative Decision will be made by the Secretary that either upholds or
				does not uphold the appealed action or determines that the Department lacks
				jurisdiction. A copy of the decision shall be mailed to the appellant and any
				representative.
b) If the appeal
				involves Public Assistance issues or both food stamp and Public Assistance
				issues, the Department shall issue and implement a Final Administrative
				Decision within 90 days after receipt of a notice of appeal and request for a
				hearing, unless additional time is required and allowed by the program's rules
				for a proper disposition of the appeal. This time period shall be extended by
				any delay in the hearing process caused by the appellant.
c) If the appeal involves food stamps but not
				Public Assistance, the Department shall issue and implement a Final
				Administrative Decision within 60 days after receipt of a notice of appeal and
				request for a hearing, unless additional time is required and allowed by the
				program's rules for a proper disposition of the appeal. This time period shall
				be extended by any delay in the hearing process caused by the
				appellant.
d) When the appealed
				action is not upheld, the Department shall take appropriate action, in
				accordance with the decision, including authorization of retroactive assistance
				benefits, if necessary. In food stamp cases, if the decision results in an
				increase in household benefits, the increase shall be reflected in the food
				stamp benefit amount within 10 days after receipt by the local office of the
				hearing decision. If the decision results in a decrease of food stamp benefits,
				the decrease shall be reflected in the next scheduled issuance following
				receipt of the hearing decision.
e)
				A Final Administrative Decision, released by the Department or a Public Aid
				Committee, is reviewable only through the Circuit Courts of the State of
				Illinois.
f) After a Final
				Administrative Decision is released, no petition for rehearing or
				reconsideration is allowed. Neither the filing of any such motion, or
				correspondence in the nature of such a motion, nor any response by the
				Department to such correspondence or motion will delay the time for filing of a
				complaint in the Circuit Court.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 14 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart A - ASSISTANCE APPEAL › Section 14.80 - Public Aid Committee

Current through Register Vol. 48, No. 28, July 12, 2024
In each county a Public Aid Committee to consider appeals
				  shall have the following composition:
a) In counties under township organization
				(except Cook County), the Committee shall consist of the Chairman of the County
				Board and 4 County Board members.
b) In Cook County, the Public Aid Committee
				shall consist of 5 Supervisors of General Assistance appointed by the President
				of the Cook County Board of Commissioners from townships outside the City of
				Chicago.
c) In Commission form
				counties, the Public Aid Committee shall consist of the County Board of
				Commissioners.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 14 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart B - RESPONSIBLE RELATIVE AND JOINT PAYEE PETITIONS › Section 14.100 - Responsible Relative and Joint Payee Petitions

Current through Register Vol. 48, No. 28, July 12, 2024
Sections
				  14.101 and
				  14.102
				  apply to all petitions of responsible relatives for release from or
				  modification of Administrative Support Orders, or to contest determinations of
				  the amount of past-due support or of the share of jointly-owned funds (see
				  305 ILCS
				  5/10-13 ).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 14 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart B - RESPONSIBLE RELATIVE AND JOINT PAYEE PETITIONS › Section 14.101 - Petition for Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
				responsible relative aggrieved by an administrative support order entered,
				determination of past-due support or determination of the share of
				jointly-owned funds made by the Department may petition for a hearing for
				release from or modification of the order or to contest the
				determination.
b) The petition
				under subsection (a) above shall be filed within 30 days after the date of
				mailing of such order or determination. The day immediately following the
				mailing of the order or determination shall be considered as the first day and
				the day the petition is received by the Department shall be considered as the
				last day in computing the 30 day appeal period.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 14 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart B - RESPONSIBLE RELATIVE AND JOINT PAYEE PETITIONS › Section 14.102 - Conduct of Administrative Support Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Hearing De Novo
The hearing shall be de novo and the Department's
				  determination of liability or non-liability pursuant to the hearing shall be
				  independent of the prior determination of liability.
b) Rules Governing Hearing
Hearings on petitions for release from or modification of the
				  Administrative Support Order shall be governed by Sections
				  14.10
				  through
				  14.70,
				  except that "appellant" as used within those Sections shall refer to the
				  responsible relative who petitions.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 14 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart C - FOOD STAMP ADMINISTRATIVE DISQUALIFICATION HEARINGS › Section 14.300 - Suspected Intentional Violation of the Program

Current through Register Vol. 48, No. 28, July 12, 2024
If the documentation supports the claim of intentional
				  violation of the program, the Department shall send the individual a notice of
				  suspected intentional violation of the program and of the opportunity to waive
				  the administrative disqualification hearing. Examples of this documentation
				  include statements made by a household member on his application, statements
				  made by a household member and recorded in his case record by the caseworker,
				  and statements made by an employer indicating employment of a household member
				  that conflicts with information on the household member's application. Based
				  upon an evaluation of the facts, the Department may refer cases of suspected
				  intentional violation for criminal prosecution. Factors considered by the
				  Department in its evaluation include, but are not limited to, the dollar amount
				  at issue, evidence of willful intent to defraud, and the weight of the
				  evidence.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 14 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart C - FOOD STAMP ADMINISTRATIVE DISQUALIFICATION HEARINGS › Section 14.310 - Advance Notice of Administrative Disqualification Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall provide written notice to a household
				  member suspected of intentional violation of the food stamp program at least 30
				  days in advance of the date an administrative disqualification hearing has been
				  scheduled. The notice shall contain:
a) The date, time and place of
				hearing.
b) The charge against the
				household member.
c) A summary of
				the evidence and how and where it can be examined.
d) A warning that the decision will be based
				solely on information provided by the food stamp office if the household member
				fails to appear.
e) A statement
				that the household member or representative will have 10 days after the date of
				the hearing to present good cause for failure to appear in order to receive a
				new hearing. (See Section
				14.60(e)
				for definition of good cause.)
f) A
				warning that a determination of intentional violation of the program will
				result in a 12 month disqualification for the first violation, 24 month
				disqualification for the second violation, and a permanent disqualification for
				the third violation, and a statement of which penalty the Department believes
				is applicable to the case scheduled for hearing.
g) A listing of the household member's
				rights.
h) A statement that the
				hearing does not preclude a prosecution for civil or criminal fraud.
i) A statement that the individual can call
				the food stamp office to get the name and phone number of someone who can give
				free legal advice.
The household member is also sent a waiver of right to an
				  administrative disqualification hearing pursuant to
				  7 CFR
				  273.16(f). If the household
				  member wishes to waive the right to a hearing, that individual must sign the
				  waiver and return it to the Department within 20 days after the date of
				  notification.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 14 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart C - FOOD STAMP ADMINISTRATIVE DISQUALIFICATION HEARINGS › Section 14.320 - Postponement of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
The household member is entitled to one postponement of up to
				  30 days. If the hearing is postponed, the 90 day time limit for issuing a
				  decision shall be extended for as many days as the hearing is
				  postponed.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 14 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart C - FOOD STAMP ADMINISTRATIVE DISQUALIFICATION HEARINGS › Section 14.330 - Administrative Disqualification Hearing Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department shall conduct a hearing,
				issue a decision, and notify the household member and local office of the
				decision within 90 days after the date the household member is notified in
				writing of the scheduling of an administrative disqualification
				hearing.
b) The hearing shall be
				conducted by an impartial hearing officer.
c) The household has the same rights during
				an administrative disqualification hearing that it has during a fair hearing.
				(See Section
				14.22.)
				In addition to the fair hearing rights, the household member shall be informed
				of the individual's right to remain silent concerning the charge, and that
				anything said or signed by the individual concerning the charge can be used
				against him or her in a court of law.
d) The hearing procedures shall be published
				and made available to any interested party.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 14 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart C - FOOD STAMP ADMINISTRATIVE DISQUALIFICATION HEARINGS › Section 14.340 - Failure to Appear

Current through Register Vol. 48, No. 28, July 12, 2024
If the household member or representative cannot be located
				  or fails to appear at the scheduled hearing without good cause, the hearing
				  shall be conducted without the household member represented. Even though the
				  household member is not represented, the hearing officer is required to
				  consider the evidence and determine if an intentional violation of the program
				  was committed based on clear and convincing evidence. If a determination of
				  intentional violation of the program is made, and no proof of receipt of the
				  scheduling notice has been obtained, the household member has 30 days after the
				  date of the written notice of the hearing decision to request a new hearing
				  based on a showing of non-receipt of the scheduling notice. In all other
				  instances, the household member has 10 days after the date of the scheduled
				  hearing to present reasons showing good cause for failure to appear. (See
				  Section
				  14.60(e)
				  for definition of good cause.) The Bureau of Assistance Hearings shall
				  determine if the household member had good cause for not appearing and make a
				  determination as to whether a new hearing should be
				  scheduled.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 14 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart C - FOOD STAMP ADMINISTRATIVE DISQUALIFICATION HEARINGS › Section 14.350 - Participation While Awaiting a Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
A pending administrative disqualification hearing shall not
				  affect the individual's or the household's right to be certified and
				  participate in the program. Eligibility and level of benefits are determined in
				  the usual manner while the administrative disqualification hearing is pending.
				  The household member suspected of intentional violation of the program is
				  eligible until a hearing officer issues a decision that the individual
				  committed an intentional violation of the program.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 14 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart C - FOOD STAMP ADMINISTRATIVE DISQUALIFICATION HEARINGS › Section 14.360 - Consolidation of Administrative Disqualification Hearing with Fair Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
A fair hearing and an administrative disqualification hearing
				  may be combined into a single hearing if the factual issues arise out of the
				  same or related circumstances and the household received prior notice that the
				  hearings will be combined. If a single hearing is held, the time line standards
				  for administrative disqualification hearings, as set out in this Subpart, shall
				  be followed.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 14 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart C - FOOD STAMP ADMINISTRATIVE DISQUALIFICATION HEARINGS › Section 14.370 - Administrative Disqualification Hearing Decision and Notice of Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a) The hearing
				officer shall base the decision on whether there is clear and convincing
				evidence that the household member intentionally violated the
				program.
b) If the hearing officer
				finds that the household member intentionally violated the program, that member
				shall be sent a notice which shall include the decision and the reason for the
				decision.
c) The Department shall
				notify the household of the date the disqualification takes effect and the
				status of remaining eligible household members.
d) If the hearing officer finds that the
				household member did not intentionally violate the program, the household
				member shall be sent a notice informing that member that any over-issuance
				received by that household will be collected through an unintentional household
				error claim by the Department.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 14 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart C - FOOD STAMP ADMINISTRATIVE DISQUALIFICATION HEARINGS › Section 14.380 - Appeal Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
The hearing officer's decision is the Final Administrative
				  Decision. No further administrative appeal procedure exists after a finding of
				  intentional violation of the program by an administrative disqualification
				  hearing or after a household member signs a waiver of right to an
				  administrative disqualification hearing. A fair hearing decision cannot reverse
				  a disqualification decision under Subpart C. However, a household member is
				  entitled to seek relief from a disqualification decision in a court having
				  appropriate jurisdiction.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 20 - SUPPORT RESPONSIBILITY OF RELATIVES › Section 20.1 - Incorporation by Reference

Current through Register Vol. 48, No. 28, July 12, 2024
Any rules or regulations of an agency of the United States or
				of a nationally recognized organization or association that are incorporated by
				reference in this Part are incorporated as of the date specified, and do not
				include any later amendments or editions.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 20 - SUPPORT RESPONSIBILITY OF RELATIVES › Section 20.10 - Support from Responsible Relatives

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department shall seek to obtain
			 support for recipients from legally responsible individuals and shall seek the
			 enforcement of support obligations with the following exception: the Department
			 shall not seek to obtain support for residents of long term care facilities if
			 income of the spouse in the community is less than or equal to the Community
			 Spouse Maintenance Needs Standard (as described at 89 Ill. Adm. Code
			 120.61
			 ).
b) The following persons are
			 "responsible relatives" who are legally responsible for the financial support
			 and maintenance of recipients:
1) spouse for
			 spouse; and
2) parents for children
			 under 18 years of age.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 20 - SUPPORT RESPONSIBILITY OF RELATIVES › Section 20.20 - Determination of Ability to Support

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Responsible relatives living apart from the recipient/assistance unit.
1) For responsible relatives living apart
			 from the recipient/assistance unit, a responsible relative is liable for all
			 assistance provided to or in behalf of the recipient, unless the relative
			 establishes a lesser ability to support by providing the Department with income
			 and asset information from which it can determine the relative's ability to
			 support. However, the monthly support obligation assessed a responsible
			 relative determined able to pay shall not exceed the average monthly amount of
			 assistance provided by the Department to or in behalf of the
			 recipient.
2) Except in Title IV-D
			 cases where the guidelines set out in 89 Ill. Adm. Code
			 160.60(c)
			 shall apply, the Department shall apply Table A of this Part to the gross
			 income figure contained on the relative's most recent Federal Income Tax return
			 to determine the relative's ability to support. The relative must submit a copy
			 of his or her most recent Federal Income Tax return for this determination or
			 remain liable for all assistance provided to or in behalf of the recipient. If
			 the responsible relative has filed a joint tax return with a non-responsible
			 relative, only such income that is attributable to the responsible relative
			 will be considered.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 20 - SUPPORT RESPONSIBILITY OF RELATIVES › Section 20.25 - Establishment of Support Obligations

Current through Register Vol. 48, No. 28, July 12, 2024
Except in Title IV-D cases where support obligations shall be
				established in accordance with 89 Ill. Adm. Code
				160.60,
				the Department shall establish a responsible relative's obligation to support
				in the following manner:
a) A notice
			 of obligation to support, a return envelope, and a statement of the responsible
			 relative's rights and responsibilities are sent to the responsible relative via
			 certified mail, return receipt requested.
1)
			 If the responsible relative does not respond to the notice within 30 days, the
			 Department will issue a subpoena for records.
2) If the responsible relative submits the
			 necessary income records within 30 days, the Department will determine the
			 responsible relative's ability to support in accordance with Section
			 20.20.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 20 - SUPPORT RESPONSIBILITY OF RELATIVES › Section 20.30 - Redetermination of Ability to Support

Current through Register Vol. 48, No. 28, July 12, 2024
The Department will redetermine and, when indicated, adjust the
				amount of a support obligation on the basis of Table A of this Part if:
a) the relative has sustained a significant
			 reduction in income since the support obligation was determined; or
b) there has been an increase in the number
			 of the relative's dependents.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 20 - SUPPORT RESPONSIBILITY OF RELATIVES › Section 20.35 - Enforcement of Administrative Support Orders

Current through Register Vol. 48, No. 28, July 12, 2024
If the legally responsible relative has failed for 90 days
				after the effective date of the support order to make regular support payments
				according to the support order and a balance due is outstanding, the Department
				may take any or all of the following actions to collect the past due
				support:
a) referral to the
			 Department's legal representative for judicial enforcement of the
			 Administrative Support Order;
b)
			 referral to the Comptroller of the State of Illinois for collection under
			 Section
			 10.05 of the State
			 Comptroller Act [15
			 ILCS 405/10.05 ]; and
c) referral to a private collection agency
			 for collection.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 20 - SUPPORT RESPONSIBILITY OF RELATIVES › Section 20.40 - Failure or Refusal to Provide Information Regarding Ability to Support

Current through Register Vol. 48, No. 28, July 12, 2024
A responsible relative who refuses or fails, upon request, to
				provide the Department with income or asset information necessary to make a
				determination of ability to support shall remain liable for all assistance
				provided to or in behalf of the recipient.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 20 - SUPPORT RESPONSIBILITY OF RELATIVES › Section 20.50 - Modification or Release from Support Order

Current through Register Vol. 48, No. 28, July 12, 2024
The responsible relative has the right to petition for
				modification of or release from the Department's order requiring the relative
				to provide support. The petition must be filed, in writing, with the Department
				no later than 30 days from the date of mailing of the support
				order.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 50 - CHILD CARE › Subpart A - GENERAL PROVISIONS › Section 50.101 - Incorporation by Reference

Current through Register Vol. 48, No. 28, July 12, 2024
Any rules or regulations of an agency of the United States or
				  of a nationally recognized organization or association that are incorporated by
				  reference in this Part are incorporated as of the date specified, and do not
				  include any later amendments or editions.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 50 - CHILD CARE › Subpart A - GENERAL PROVISIONS › Section 50.110 - Participant Rights and Responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
a)Hearings
1)Persons receiving child care services can
				request hearings, as provided at 89 Ill. Adm. Code 14, Subpart A, as
				appropriate, on issues concerning the appropriateness of, denial of, prompt
				issuance of, or intended actions to discontinue, terminate, suspend or reduce,
				child care assistance under this Part.
2)Assistance under this Part will not be
				continued at the previous level pending a hearing.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 50 - CHILD CARE › Subpart A - GENERAL PROVISIONS › Section 50.120 - Notification of Available Services

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Department or its agents will notify, in writing, all applicants for and
				families receiving services of programs and supportive services available to
				them for which they are eligible, and the rights, responsibilities and
				obligations of participants in the program.
b) The Department or its agents will make a
				determination and notify an applicant of its determination on an application
				for child care within 45 days from the date the application is received by the
				Department or its agents.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 50 - CHILD CARE › Subpart A - GENERAL PROVISIONS › Section 50.130 - Child Care Overpayments and Recoveries

Current through Register Vol. 48, No. 28, July 12, 2024
The Department will recover overpayments from providers or
				  parents and other relatives, as appropriate, through demand letters, referrals
				  to the Comptroller's Office for withholding, referrals to collection agencies,
				  reductions in future payments or public assistance benefits, or other means
				  determined by the Department to be effective.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 50 - CHILD CARE › Subpart B - APPLICABILITY › Section 50.210 - Child Care

Current through Register Vol. 48, No. 28, July 12, 2024
a) To the extent
				resources permit, the Department shall provide child care services:
1) to parents or other relatives who are
				working and are unable to supervise their children;
2) to parents or other relatives who are
				participating in employment, training or education programs that are approved
				by the Department;
3) to teen
				parents to enable them to obtain a high school degree or its equivalent, to
				provide time to find employment after graduation, and to provide a stable
				learning environment for their children; and
4) to parents or other relatives who request
				a 3-month period to establish an eligible employment or education activity
				(allowed once every 12 months).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 50 - CHILD CARE › Subpart B - APPLICABILITY › Section 50.220 - Method of Providing Child Care

Current through Register Vol. 48, No. 28, July 12, 2024
Child care may be provided through one of the following
				  methods:
a) direct payment to the
				clients for child care costs;
b)
				arranging the child care through eligible providers by use of purchase of
				service contracts or vouchers;
c)
				arranging with other agencies and community volunteer groups for non-reimbursed
				child care; and
d) adopting such
				other arrangements as the Department determines appropriate.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 50 - CHILD CARE › Subpart B - APPLICABILITY › Section 50.230 - Child Care Eligibility

Current through Register Vol. 48, No. 28, July 12, 2024
a) To the extent
				resources permit, it is the intent of the Department to provide child care
				services to all applicants that meet the eligibility requirements set forth in
				this Section. If it is necessary to limit participation to stay within the
				amounts appropriated or resources available to the Department for child care
				services, participation will be limited to the priority service groups
				specified in subsection (c)(6) and that limitation in participation shall
				remain until such time as sufficient resources are available to serve all
				eligible applicants.
b) To be
				eligible for child care services, a child shall at the time of eligibility
				determination or redetermination:
1) be under
				13 years of age (if a child turns 13 years old during the eligibility period,
				that child shall remain eligible for CCAP for the remainder of the eligibility
				period); or
2) be under age 19 and
				under court supervision or have physical, developmental, or intellectual
				disabilities as documented by a statement from a local health provider or other
				health professional.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 50 - CHILD CARE › Subpart B - APPLICABILITY › Section 50.230 - Child Care Eligibility

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				To the extent resources permit, it is the intent of the Department to provide
				child care services to all applicants that meet the eligibility requirements
				set forth in this Section. If it is necessary to limit participation to stay
				within the amounts appropriated or resources available to the Department for
				child care services, participation will be limited to the priority service
				groups specified in subsection (c)(6) and that limitation in participation
				shall remain until such time as sufficient resources are available to serve all
				eligible applicants.
b) To be
				eligible for child care services, a child shall at the time of eligibility
				determination or redetermination:
1) be under
				13 years of age (if a child turns 13 years old during the eligibility period,
				that child shall remain eligible for CCAP for the remainder of the eligibility
				period); or
2) be under age 19 and
				under court supervision or have physical, developmental, or intellectual
				disabilities as documented by a statement from a local health provider or other
				health professional.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 50 - CHILD CARE › Subpart B - APPLICABILITY › Section 50.235 - Income Eligibility Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
A family is considered "income eligible" when the combined
				  gross monthly base income (earned and unearned) (see subsection (a)) of all
				  family members is at or below the amounts listed in Section
				  50.230 for the corresponding
				  family size. In 2 parent families, both incomes must be combined to determine
				  eligibility. Two-parent families include those with 2 or more adults living in
				  the home, such as the applicant and the applicant's spouse or parents of a
				  common child in the home. Eligibility is determined on the basis of gross
				  monthly base income. To convert weekly income into monthly base income,
				  multiply weekly income by
				  4.333. To convert bi-weekly
				  income into monthly base income, multiply bi-weekly income by
				  2.1666. To convert twice monthly
				  income into monthly base income, multiply twice monthly income by 2.
				  Documentation must be secured for all income and maintained in the family
				  eligibility file prior to approval for child care payments.
a) Income Included (Non-Exempt)
1) gross base wages and salary, tips and
				commissions earned on a regular basis;
2) net income from farm
				self-employment;
3) net income from
				non-farm self-employment;
4)
				dividends, interest, net rental income, and royalties;
5) pensions and annuities;
6) veteran's pensions;
7) unemployment compensation;
8) worker's compensation.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 50 - CHILD CARE › Subpart B - APPLICABILITY › Section 50.250 - Additional Service to Secure or Maintain Child Care

Current through Register Vol. 48, No. 28, July 12, 2024
The Department will provide payments to secure or maintain a
				  child care arrangement when child care arrangements would otherwise be lost and
				  subsequent employment or activity is scheduled to begin or resume. To qualify,
				  the parent must be approved for child care assistance and must report a loss of
				  employment or break in the approved activity within 30 days after the date of
				  loss or break. Families are eligible to receive care under this Section for up
				  to three 30-day periods in any 12-month period. Payments shall not be approved
				  if the child does not attend care.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 50 - CHILD CARE › Subpart C - PAYMENT FEES › Section 50.310 - Fees for Child Care Services

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				families must share in the cost of child care as illustrated in Section
				50.320, except the following:
1) relatives (other than parents) who receive
				a child-only TANF benefit for children needing care due to the relatives'
				employment;
2) families approved
				for CCAP Protective Child Care services due to experiencing
				homelessness;
3) parenting youth in
				care, as defined in Section 4d of the Children and Family Services Act, who are
				parents, while they remain youth in care and for 12 months after the parenting
				youth in care's case with the Department of Children and Family Services is
				closed;
4) families receiving
				Extended Family Support Program services from the Department of Children and
				Family Services; and
5) families
				with active CCAP cases in which a parent in the household is called into active
				military duty.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 50 - CHILD CARE › Subpart D - PROVIDER REQUIREMENTS › Section 50.400 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Subpart is to ensure the safety and
				  well-being of children cared for in any license exempt child care facility paid
				  by the Department of Human Services Child Care Assistance Program by requiring
				  the operators of license exempt child care facilities and other persons subject
				  to background checks, as defined in Section
				  50.430,
				  to be screened for a history of child abuse or neglect, inclusion in the
				  Illinois or National Sex Offender Registries, and prior criminal convictions or
				  pending criminal charges.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 50 - CHILD CARE › Subpart D - PROVIDER REQUIREMENTS › Section 50.410 - Qualified Provider

Current through Register Vol. 48, No. 28, July 12, 2024
Payment will be made for child care that otherwise meets the
				  requirements of this Section; meets applicable standards of State and local law
				  and regulation, including but not limited to licensure requirements promulgated
				  by the Department of Children and Family Services (DCFS) at 89 Ill. Adm. Code
				  406, 407 and 408, and Fire Prevention and Safety requirements promulgated by
				  the Office of the State Fire Marshal at 41 Ill. Adm. Code 100; and is provided
				  in any of the following:
a) Licensed
				Day Care Center;
b) Day Care Center
				Exempt from Licensing;
c) Licensed
				Day Care Home;
d) Licensed Group
				Day Care Home;
e) Day Care Home
				Exempt from Licensing (No more than three children may be cared for, including
				the provider's own children, unless all children are from the same
				household);
f) Relative Exempt from
				Licensing (Care provided in the home of a relative. No more than three children
				may be cared for, including the provider's own children, unless all children
				are from the same household);
g)
				Non-relative Exempt from Licensing (Care provided in the home of the child. No
				more than three children may be cared for, including the provider's own
				children, unless all children are from the same household); and
h) Relative Exempt from Licensing (Care
				provided in the home of the child. No more than three children may be cared
				for, including the provider's own children, unless all children are from the
				same household).