reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 509 - FISCAL/ADMINISTRATIVE RECORDKEEPING AND REQUIREMENTS › Section 509.65 - Process for Suspension of Funding/Cancellation of Award/Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Suspension/Cancellation. The process for suspension of funding pursuant to
			 Section
			 509.50 and
			 cancellation pursuant to Section
			 509.60
			 is as follows:
1) Notice. The provider shall
			 be notified, in writing, by the Department of the action taken, the reason for
			 the action, and the effective date of the action. The Notice shall be sent by
			 certified mail, registered mail, or private carrier.
2) Request for Review. The provider shall
			 have 7 days from the receipt of the notice, as determined by the certified
			 mail, registered mail, or private carrier receipt, to request a review of the
			 suspension/cancellation action by the Secretary of the Department and to
			 provide supportive information to the Secretary as to why the action should not
			 occur. In the event that the request and information are not submitted within
			 the 7-day period, the Department may proceed with the suspension or
			 cancellation.
3) Additional
			 Information. To assist the Secretary in his/her review, the Department may
			 request additional information from the provider or other sources. Any
			 additional information requested from the provider must be submitted within the
			 time period established by the Department. Failure of the provider to comply
			 with the request for additional information in a timely manner may result in
			 resolution of the issue without consideration of that information.
4) Secretary's Decision. The Secretary may
			 delegate the responsibility for investigation of the issue and fact finding.
			 The Secretary shall issue a final written decision as expeditiously as possible
			 after receiving the request for review, supportive information, and any
			 additional information requested by the Department. The Secretary's final
			 decision to suspend funding, in part or in whole, shall indicate terms and
			 conditions for rescinding the suspension and reinstatement of funding. The
			 decision of the Secretary is a final decision of the agency for purpose of the
			 Administrative Review Law [735 ILCS 5 /Art. III], if applicable.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 509 - FISCAL/ADMINISTRATIVE RECORDKEEPING AND REQUIREMENTS › Section 509.70 - On-Site Fiscal/Administrative Reviews

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department shall conduct periodic
			 onsite fiscal/administrative reviews of providers. At the Department's option
			 other public/private organizations may assist the Department in these reviews
			 or the Department may authorize these public/private organizations to do their
			 own review. Public/private organizations authorized by the Department to assist
			 or conduct reviews are subject to the confidentiality requirements of the
			 Department. The purpose of the reviews is:
1)
			 Assess compliance with the requirements of this Part; and/or
2) Follow up on corrective actions and
			 findings from previous reviews. Fiscal/administrative reviews may be conducted
			 as independent reviews or in conjunction with other Department on-site
			 activity. The Department will make reasonable efforts to combine
			 fiscal/administrative reviews with other Department reviews to minimize
			 disruption to the provider.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 509 - FISCAL/ADMINISTRATIVE RECORDKEEPING AND REQUIREMENTS › Section 509.80 - Administrative Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The Department requires that all providers of services be able
				to demonstrate compliance with the following administrative activities. In
				those instances where these requirements are not appropriate due to the size of
				the agency or its legal status (e.g., not-for-profit, for-profit) the
				Department will consider written requests for a waiver of the specified
				requirement. A request for a waiver shall be written and addressed to the
				Secretary. It should identify the portion of the rule from which a waiver is
				being sought and state the reason for this request. The Department shall have
				30 days after the receipt of any request for a waiver to respond. The
				Department's response shall be in writing.
a) The organization's bylaws, policies and
			 procedures should be current. These should be reviewed and approved by the
			 governing body of the provider and should address issues related to good
			 business practice. Other information that should be available includes, but is
			 not limited to, the following:
1) A current
			 organization chart.
2) A list of
			 board members and their term of office. Employees of the provider and immediate
			 family members of provider employees may not serve as members of the board
			 unless written permission is received from the Department. Vacancies on the
			 board should be filled in a timely fashion. Individuals serving on the board
			 must be able to objectively discharge their duties and may not engage in
			 activities that could create a conflict of interest.
3) Minutes of the board meetings. The board
			 should meet at least quarterly.
4)
			 Specific written policies on:
A) Conflict of
			 interest, including staff, administration and Board member
			 disclosures;
B) Fee policies and
			 fee schedules;
C) Unusual incidents
			 (i.e., sexual assault, sexual harassment, abuse, neglect, death, physical
			 injury, missing person, theft, assault, criminal conduct).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 509 - FISCAL/ADMINISTRATIVE RECORDKEEPING AND REQUIREMENTS › Section 509.90 - Compliance with Life Safety Standards and Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
All program facilities shall be in compliance with applicable
				State licensure requirements and local ordinances with regard to fire,
				building, zoning, sanitation, health, and safety
				requirements.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 509 - FISCAL/ADMINISTRATIVE RECORDKEEPING AND REQUIREMENTS › Section 509.100 - Prompt Payment Act

Current through Register Vol. 48, No. 28, July 12, 2024
The provisions of the Prompt Payment Act apply to this rule.
				This Part does not constitute a waiver of the provider's rights to recover a
				penalty for late payment as specified in the Act.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 509 - FISCAL/ADMINISTRATIVE RECORDKEEPING AND REQUIREMENTS › Section 509.110 - Accreditation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Providers
			 demonstrating current accreditation status under either the Standards for
			 Services for People with Developmental Disabilities (Council), Standards Manual
			 for Organizations Serving People with Disabilities (CARF), Council on
			 Accreditation of Services for Families and Children (COA), Mental Health
			 Standards (JCAHO), or the Accreditation Manual for Hospitals (JCAHO) may be
			 deemed to be in compliance with all or part of Sections
			 509.30
			 and
			 509.80
			 at the sole discretion of the Department. Standards the Department will
			 consider when determining whether current accreditation status will suffice
			 include, but are not limited to, the time period since last accreditation, the
			 continuity of provider management and board oversight (does the provider have
			 the same management and board as when accreditation status was earned) and
			 whether the Department has unusual or outstanding problems with the
			 provider.
b) Demonstration of
			 current accreditation shall be the responsibility of the provider.
c) If the provider's accreditation status
			 changes for any reason, the provider shall notify the Department of that change
			 within 30 days after the effective date following the change.
d) The Department may review records of the
			 provider subject to accreditation.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 510 - APPEALS AND HEARINGS › Section 510.5 - Scope and Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) This
			 Part governs the appeals process for customers of the Department of Human
			 Services-Office of Rehabilitation Services (DHS-ORS). Specifically this Part
			 covers hearings of grievances under various DHS-ORS programs, including,
			 Vocational Rehabilitation Services, Home Services, the Vending Facility Program
			 for the Blind, Community and Residential Services for the Blind and Visually
			 Impaired, and issues concerning school records and sex equity related to
			 DHS-ORS State Schools.
b) The
			 grievant and DHS-ORS may informally agree to resolve disputed issues at any
			 time during the appeal process prior to the issuance of a hearing
			 decision.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 510 - APPEALS AND HEARINGS › Section 510.20 - What May Be Appealed

Current through Register Vol. 48, No. 28, July 12, 2024
The following may be appealed under this Part:
a) DHS-ORS' refusal to provide any service it
			 is authorized to provide;
b)
			 modification of any service currently provided to the customer by DHS-ORS,
			 termination of a service or case closure, unless agreed to by the customer and
			 DHS-ORS;
c) a determination that a
			 customer is ineligible for services;
d) issues related to sex equity at DHS-ORS
			 schools, set forth in 89 Ill. Adm. Code 829;
e) refusal of the schools to permit
			 modifications to a student's records, set forth in 89 Ill. Adm. Code
			 765.60(a)(1);
f) inaction of DHS-ORS employees as defined
			 in Section
			 510.10;
g) dissatisfaction of a licensed vendor in
			 the Business Enterprise Program for the Blind with any action of DHS-ORS
			 arising from the administration of the Business Enterprise Program for the
			 Blind; and
h) dissatisfaction of a
			 customer of the Community Residential Services for the Blind and Visually
			 Impaired (CRSBVI) program as set forth in 89 Ill. Adm. Code 730, Subpart
			 D.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 510 - APPEALS AND HEARINGS › Section 510.30 - What May Not Be Appealed

Current through Register Vol. 48, No. 28, July 12, 2024
The following may not be appealed under this Part:
a) changes in services or procedures over
			 which DHS-ORS exercises no discretion or control;
b) changes in services or procedures which
			 are mandated by federal or State law or regulation;
c) failure to provide services which DHS-ORS,
			 in accordance with federal or State law, regulations, and the State VR Plan or
			 other plans submitted to the federal government by DHS-ORS as a condition of
			 receiving federal funding cannot provide;
d) the establishment of, and provisions
			 contained in, an Individualized Educational Program (IEP) and other matters as
			 governed by 89 Ill. Adm. Code 828 (Educational Facilities), except as set forth
			 in Section
			 510.20(d) and
			 (e);
e) all recommendations for decisions and
			 procedures for the adjudication of benefits under the federal Social Security
			 Act which are made by DHS-ORS under its authority from the United States
			 Department of Health and Human Services, Social Security Administration (
			 42 USC
			 405 );
f) issues challenging the legality of DHS-ORS
			 rules;
g) discipline of a vendor
			 under the Vending Facilities Program for the Blind, as set forth in 89 Ill.
			 Adm. Code 650;
h) student
			 discipline, as set forth in 89 Ill. Adm. Code 827;
i) DHS-ORS findings relating to the
			 evaluation of rehabilitation facilities, as set forth in 89 Ill. Adm. Code
			 530;
j) a grievance which has
			 already been decided through the appeal process as set forth in this
			 Part;
k) an action taken by DHS-ORS
			 which does not affect the grievant (e.g., a customer wishing to appeal DHS-ORS
			 terminating sponsorship of another customer in training for failing to maintain
			 the grade point average required in 89 Ill. Adm. Code
			 590.270 );
l) a grievance filed under the
			 Americans with Disabilities Act (
			 42 USC 12101
			 ); and
m) an appeal of a
			 requirement to have a Teletypewriter/Telephone Device for the Deaf (TTY/TDD) as
			 a condition of a contract.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 510 - APPEALS AND HEARINGS › Section 510.40 - Grievant Rights

Current through Register Vol. 48, No. 28, July 12, 2024
a) DHS-DRS
			 shall make the grievant aware, in a language that is understandable to the
			 grievant, of the right to appeal pursuant to this Part, at the following times
			 or events:
1) upon application for
			 services;
2) upon denial of
			 application;
3) after the
			 initiation, or change, of services;
4) upon termination of a service;
5) upon closure;
6) upon enrollment in a DHS-DRS school;
			 and
7) upon entrance into the
			 Business Enterprise Program for the Blind.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 510 - APPEALS AND HEARINGS › Section 510.50 - DHS-ORS Rights

Current through Register Vol. 48, No. 28, July 12, 2024
DHS has the right to:
a) refuse to hear appeals pursuant to Section
			 510.30;
b) have a DHS-ORS attorney present at any
			 proceeding under this Part;
c)
			 cooperation by the grievant; and
d)
			 consolidate into a single hearing all issues relating to a grievant or an issue
			 raised by several grievants that arise out of the same set of facts and
			 circumstances.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 510 - APPEALS AND HEARINGS › Section 510.60 - Service Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Section
			 applies to VR and HSP customers only.
b) When an individual applies for VR or HSP
			 services from DHS-ORS, the individual must be informed that DHS-ORS notifies
			 customers whenever it denies, modifies or terminates a service or services, if
			 not mutually agreed upon, and of the right to action within 60 calendar days
			 after a request for an application. DHS-ORS must send the customer a service
			 notice at least 15 working days before the effective date of the
			 action.
c) Any action mutually
			 agreed upon must be so documented in the customer's case file.
d) The service notice must:
1) contain the name, address and telephone
			 number of the person to whom the request for a hearing must be made;
2) outline the action;
3) state the basis for the action;
4) give the effective date of the action;
			 and
5) inform the customer of the
			 right to a hearing in the matter and of the specific means of initiating the
			 hearing.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 510 - APPEALS AND HEARINGS › Section 510.80 - Request for a Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
			 dissatisfied with any determination made by DHS-ORS concerning the furnishing,
			 timeliness or denial of services, the customer may request a timely review of
			 these determinations. This request for a hearing shall be made through the
			 Hearings Coordinator or by completing a request for hearing (IL 488-1949) and
			 presenting it to DHS-ORS. The person receiving the request shall immediately
			 forward it to the Hearings Coordinator.
b) A grievant must request a hearing within
			 the following time limits:
1) if the request
			 is for review of an action by DHS-ORS VR program or HSP, it must be received
			 within 30 calendar days after the date the grievant receives notice, or knew or
			 should have known of the issue being grieved, or 35 calendar days after the
			 date of the post mark on the notice, if the customer was informed by mail,
			 whichever is later;
2) if the
			 request relates to an available vending facility location, it must be made
			 within 5 working days after receipt by the grievant of the notice of selection;
			 or
3) if the grievance pertains to
			 the conduct of a customer in the adult residential training program for persons
			 with visual disabilities, the request must be received within 2 working days
			 after the date of the action or inaction being grieved.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 510 - APPEALS AND HEARINGS › Section 510.90 - Impartial Hearing Officers

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
			 hearing must be heard by an individual randomly selected from the list of
			 DHS-ORS approved Impartial Hearing Officers and designated by the Associate
			 Director except:
1) for grievances arising
			 from modification of school records or school sex equity, the Impartial Hearing
			 Officer shall be the DHS-ORS Director of Education Services or his/her
			 designee; and
2) for grievances
			 arising from HSP, the Impartial Hearing Officer shall be approved by
			 DPA.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 510 - APPEALS AND HEARINGS › Section 510.100 - Informal Resolution Conference

Current through Register Vol. 48, No. 28, July 12, 2024
a) Every proceeding pursuant to this Section
			 is to be confidential and not open to the general public unless the grievant so
			 requests.
b) The Informal
			 Resolution Conference is an informal review of the decision with the goal of
			 mutually resolving the issues being appealed. Procedures set forth in the Code
			 of Civil Procedures [735 ILCS 5 ] do not apply.
c) A grievant may request an Informal
			 Resolution Conference, in the period between the filing of the appeal and the
			 hearing decision, by contacting the office out of which the grievant receives
			 services.
d) The grievant may
			 choose to have a representative present at the conference.
e) If the grievance pertains to the
			 customer's VR program or HSP, the supervisor of the DHS-ORS employee whose
			 action is being grieved must schedule and chair the Informal Resolution
			 Conference at a time and date convenient to all parties. For grievances by a
			 blind vendor, the chair shall be the Administrator or that person's supervisor.
			 The grievant must be notified of the name, address and telephone number of the
			 DHS-ORS employee chairing the meeting. The informal resolution conference shall
			 be held in the local DHS-ORS facility unless, in the request, the grievant
			 indicates that due to the grievant's disability the grievant cannot attend at
			 the local DHS-ORS facility. In this case the conference shall be held in the
			 grievant's home.
f) During the
			 Informal Resolution Conference the chair should:
1) initiate the conference with an opening
			 statement explaining the purpose of the conference;
2) assist the parties in determining and
			 clarifying the issues;
3)
			 facilitate a fair and complete presentation and discussion of relevant
			 information, both oral and written;
4) as appropriate, summarize the positions of
			 the grievant and DHS-ORS;
5)
			 provide an opportunity to discuss settlement or agree on a course of action;
			 and
6) if no resolution is reached,
			 assure the grievant is made aware of the next step of the appeal
			 process.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 510 - APPEALS AND HEARINGS › Section 510.103 - Mediation Process for the Vocational Rehabilitation Program

Current through Register Vol. 48, No. 28, July 12, 2024
a) Every mediation
			 pursuant to this Section is to be confidential and may not be used as evidence
			 in any subsequent due process hearing or civil proceeding. If deemed necessary
			 by the assigned qualified and impartial mediator, parties to the Mediation
			 Process may be required to sign a confidentiality pledge prior to commencement
			 of the process.
b) The customer
			 shall be informed of the availability of the Mediation Process each time the
			 customer is advised of the right to appeal. The Mediation Process is available
			 whenever a hearing concerning vocational rehabilitation services is requested
			 under this Part.
c) The Mediation
			 Process shall be voluntary on the part of the grievant and of DHS-ORS and shall
			 be conducted by a qualified and impartial mediator who is trained in effective
			 mediation techniques. The mediation may be terminated at any time by either
			 party or by the mediator.
d)
			 DHS-ORS shall maintain a list of qualified mediators who shall be knowledgeable
			 in the laws and regulations relating to the provisions of vocational
			 rehabilitation services. Mediators shall be selected from this list and
			 assigned on a random basis by the Hearings Coordinator from the list of
			 qualified mediators maintained by DHS-ORS.
e) To request the assignment of a mediator to
			 resolve the issues in dispute, the customer shall contact the Hearings
			 Coordinator.
f) Sessions held as a
			 part of the Mediation Process shall be scheduled in a timely manner and shall
			 not deny or delay the grievant's right to pursue resolution of the dispute
			 through an impartial hearing held within the applicable time period set out in
			 this Part or any other right under this Part. Mediation sessions shall be
			 scheduled by the mediator.
g) The
			 mediation sessions shall be held at a location that is mutually agreed
			 upon.
h) The customer or, as
			 appropriate, the customer's representative may submit evidence and information
			 to support the position of the customer. The Department may also submit
			 evidence and information that supports its position.
i) Any agreement reached by the parties
			 during the mediation process shall be set forth in a written mediation
			 agreement signed by both parties. The agreement must also include the agreement
			 of the customer to withdraw the grievance on the agreed issues.
j) Nothing in this Section shall be construed
			 to preclude the parties from informally resolving the dispute prior to
			 proceedings under this Section.
k)
			 The cost of the mediator shall be paid by DHS-ORS.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 510 - APPEALS AND HEARINGS › Section 510.110 - Associate Director's Review for Residential/Training Programs for Persons with Visual Impairments

Current through Register Vol. 48, No. 28, July 12, 2024
The Associate Director may review an Impartial Hearing
				Officer's decision that pertains to the conduct of a customer in the adult
				residential training program for persons with visual impairments. The Notice of
				Intent to Review shall be issued within 7 working days of the receipt of the
				Impartial Hearing Officer's decision. The scope of such review shall include,
				but not be limited to, the consistency of the Impartial Hearing Officer's
				finding with applicable law and regulation, that the decision is not reasonably
				supported by the evidence, or the decision is arbitrary, capricious, or
				characterized by abuse of or clearly unwarranted exercise of discretion. The
				Notice of Intent to Review shall include a listing of the issues being
				reviewed. The Associate Director's decision, citing the findings and grounds,
				must be mailed within 12 calendar days after the Notice of Intent to Review.
				This decision must be sent by certified mail, return receipt requested, to the
				grievant.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 510 - APPEALS AND HEARINGS › Section 510.115 - Associate Director's Decision for Hearings Regarding a Blind Vendor

Current through Register Vol. 48, No. 28, July 12, 2024
a) For hearings
			 related to the grievance of a blind vendor covered under Section
			 510.20(g),
			 the Impartial Hearing Officer shall provide a recommended findings and decision
			 to the Associate Director of DHS-ORS. The recommended findings and decision of
			 the Impartial Hearing Officer shall be based upon the record of the hearing and
			 shall set forth the principal issues and relevant facts adduced at the hearing,
			 the applicable provision of law and regulation, and a recommended action. It
			 shall also contain findings of fact and conclusions with respect to each of the
			 issues and basis therefore.
b)
			 Within 15 days after receipt of the recommended findings and decision, the
			 Associate Director shall make a decision. The Associate Director's decision
			 shall state the principal issues and relevant facts pertinent provisions of
			 law, regulation and program procedures, the reasoning that led to the decision,
			 and the vendor's right to appeal to the U.S. Department of Education pursuant
			 to
			 34 CFR
			 395.13. A copy of the Impartial Hearing
			 Officer's recommended findings and decision shall be attached to the Associate
			 Director's letter. Copies of the final decision shall be sent to the vendor and
			 his/her personal representative and to the Administrator, Business Enterprise
			 Program for the Blind.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 510 - APPEALS AND HEARINGS › Section 510.120 - Exhaustion of Administrative Remedies

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the grievance pertains to the VR
			 program, DHS-ORS administrative action becomes final:
1) at any time when a mutually agreed upon
			 resolution is reached between DHS-ORS and the grievant; or
2) upon issuance of the hearing
			 decision.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 511 - GRANTS AND GRANT FUNDS RECOVERY › Section 511.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
General - All funds disbursed by the Department on a grant
				basis are subject to reconciliation and the recovery of lapsed funds. Grant
				funds recovery activity is based on the Illinois Grant Funds Recovery Act [30
				ILCS 705 ]. The reconciliation will be based on one of the following methods at
				the election of the Department:
a)
			 Eligible Expenditures v. Program Revenue - This method compares the eligible
			 expenditures to the total Department grant revenues by program. An independent
			 audit and associated supplemental revenue and expense schedule and/or Grant
			 Reports may be required from the provider. Eligible expenditures will be
			 determined based on 89 Ill. Adm. Code
			 509.20,
			 Allowable/Unallowable Costs and specific program requirements, if
			 applicable.
b) Eligible Services
			 Delivered v. Services Projected - This method compares the actual eligible
			 services delivered to the services projected in the contract or agreement. If
			 the services were based on a rate or unit of cost methodology, the number of
			 eligible service units delivered times the rate or unit is compared to the
			 total of all grant payments for that service.
At the beginning of each fiscal year, providers shall be
				notified in writing by the Department of the method of reconciliation. If the
				provider is not notified, then the method of reconciliation used in the
				previous fiscal year shall apply.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 511 - GRANTS AND GRANT FUNDS RECOVERY › Section 511.15 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Agency" - means the individual or organization with whom the
				Department has a contract/agreement for services. The term Provider is
				synonymous with agency.
"Day" - means a calender day.
"Department" - means the Illinois Department of Human
				Services.
"Fee-for-Service" - means a program for which the payments are
				made on the basis of a rate, unit cost or allowable cost incurred and is based
				on a statement or bill as required by the Department. Payments made as a
				fee-for-service are not subject to the Illinois Grant Funds Recovery Act [30
				ILCS 705 ].
"Grant" - means a program that receives all or part of the
				funding in advance of the actual delivery of services. This includes prorated
				prospective payments and payments made by the Department on an estimated basis
				or any other basis when the Department does not know the actual amount earned
				by the provider. This does not include advance payments made under the
				authority of Section 9.05 of the Illinois Finance Act [30
				ILCS 105/9.05 ]. All funds paid as a grant are subject
				to the Illinois Grant Funds Recovery Act [30 ILCS 705 ].
"Secretary" - means the Secretary of the Illinois Department of
				Human Services.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 511 - GRANTS AND GRANT FUNDS RECOVERY › Section 511.20 - Responsibility

Current through Register Vol. 48, No. 28, July 12, 2024
a) Grant funds
			 reconciled on the basis of eligible expenditures versus program revenues are
			 the responsibility of the Department's Office of Contract
			 Administration.
b) Grant funds
			 reconciled on the basis of eligible services delivered versus services
			 projected are the responsibility of the Department's office or division
			 administering the program. At the request of the Secretary or the office or
			 division responsible for the program, the Office of Contract Administration may
			 serve as the Department's representative at any informal or formal hearings
			 conducted under Sections 7 and 8 of the Illinois Grant Funds Recovery Act [30
			 ILCS 705/7 and 8 ].
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 511 - GRANTS AND GRANT FUNDS RECOVERY › Section 511.30 - Criteria for Recovery of Funds

Current through Register Vol. 48, No. 28, July 12, 2024
a) Grant funds shall be subject to recovery
			 if the Department finds that the grant funds received by the Agency:
1) Are determined to be subject to recovery
			 based on one of the methods identified in Section
			 511.10;
2) Were not spent in accordance with the
			 grant agreement; or
3) Were not
			 expended or legally obligated by the expiration of the grant.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 511 - GRANTS AND GRANT FUNDS RECOVERY › Section 511.40 - Process for Recovery of Funds

Current through Register Vol. 48, No. 28, July 12, 2024
If the Department believes that grant funds received by the
				provider are subject to recovery, the process outlined in the Grant Funds
				Recovery Act shall be followed:
a) The
			 provider will be notified, in writing, by the Department of the amount subject
			 for recovery. This notice will constitute an intent to recover by the
			 Department. The notice will indicate the opportunity for an informal hearing to
			 determine the facts and issues regarding the recoverable funds and who to
			 contact to request an informal hearing.
b) The provider must notify the Department in
			 writing within 15 calendar days after receipt of the Department's letter that
			 they are requesting an informal hearing.
c) If the provider does not file a request
			 for an informal hearing, the Department may initiate the recovery.
d) If the informal hearing does not resolve
			 the issues or if the provider does not request a hearing within the specified
			 time in subsection (b), the Department will notify the provider in writing of
			 the intent to recover. The letter will specify the amount to be recovered, the
			 specific facts that permit recovery, and the right to a formal appeal. If the
			 provider requests a hearing, then the Department will take no action to recover
			 funds until at least 35 days after the Department has issued the final recovery
			 order.
e) An agency electing to
			 file an appeal in accord with subsection (d) shall notify the Department, in
			 writing, of its request for a formal hearing, within 35 days from the receipt
			 of the letter.
f) If the provider
			 does not file an appeal, the Department may initiate the recovery.
g) The hearing shall be presided over by an
			 administrative law judge chosen by the Department.
h) The provider shall have the burden of
			 proof to show cause why no recovery should occur.
i) If the decision of the hearing
			 officer/administrative law judge is in favor of recovery, the Secretary shall
			 approve the decision prior to implementing a recovery.
j) The Secretary may elect to adopt, modify
			 or reverse the recommended decision.
k) The decision by the Secretary shall
			 constitute the final administrative decision as defined in Section 3-101 of the
			 Administrative Review Law [735 ILCS
			 5/3-101 ].
l) All written notices sent under this
			 Section shall bedeemed received 5 days after the notice or mailing is deposited
			 in the United States mail, properly addressed with the grantee's current
			 business address and with sufficient U.S. postage affixed [30 ILCS
			 705/8(f) ].
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 511 - GRANTS AND GRANT FUNDS RECOVERY › Section 511.50 - Methods of Recovery

Current through Register Vol. 48, No. 28, July 12, 2024
The Department may elect any one or combination of the
				following method for recovery:
a)
			 Offset against existing grants or against grants to be made by the
			 Department.
b) Authorize the offset
			 from existing grants or grants to be made by other grantor agencies.
c) Authorize the Comptroller to offset any
			 payments from any funds administered by the Comptroller for payment to the
			 grantee, including, but not limited to, distributions of appropriated funds and
			 payments of refunds.
d) Initiate
			 any debt collection method authorized by law to any private person.
e) Remove the grantee from any of the
			 Department's programs and forbid the grantee's participation in any future
			 grant programs for a period not to exceed two years.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 511 - GRANTS AND GRANT FUNDS RECOVERY › Section 511.60 - Prompt Payment Act

Current through Register Vol. 48, No. 28, July 12, 2024
The provisions of the Prompt Payment Act apply to this Part.
				This rule does not constitute a waiver of the provider's rights to recover a
				penalty for late payment as specified in the Act.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 512 - VOTER REGISTRATION PROGRAM › Section 512.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For the purpose of this Part, the following terms shall have
				the following meanings:
Client - means any individual who will be at least 18 years of
				age on the day of the next election who is applying for, is determined or
				redetermined eligible for, or is being recertified or redetermined to be
				eligible for, or is receiving services for persons with disabilities or public
				assistance from the Illinois Department of Human Services (IDHS). No person who
				has been legally convicted in this or another state or in any federal court of
				any crime and is serving a sentence of confinement in any penal institution
				shall vote, offer to vote, attempt to vote or be permitted to vote at any
				election until his or her release from confinement, and thus is not considered
				a client for the purposes of this Part.
Confidential Office Number - means a number assigned by a
				deputy registrar in charge of voter registration to each Voter Registration
				Application Transmittal form (R-25) that indicates which office sent the form
				without using an IDHS return address.
Staff - means an individual who is employed by any IDHS office
				or facility whose duties include contact with clients. For the purpose of this
				Part, staff may include contractors that provide State-funded programs to
				provide services to persons with disabilities and/or provide public assistance
				services.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 512 - VOTER REGISTRATION PROGRAM › Section 512.20 - Opportunities for Voter Registration

Current through Register Vol. 48, No. 28, July 12, 2024
a) In accordance with the National Voter
			 Registration Act of 1993 (
			 52 USC
			 20501 through
			 20511 ), staff
			 are required to provide clients the opportunity to apply to register to vote
			 and to assist clients, if requested, in the completion of voter registration
			 applications and declaration forms. Opportunities for application for voter
			 registration shall be provided at the time of application for services, annual
			 review, recertification or reassessment of services.
1) Staff shall:
A) Inform the client of his or her right to
			 execute or decline to execute a voter registration application.
B) Provide the client with a declaration form
			 that asks if he or she would like the opportunity to apply to register to vote.
			 Each client has the right to accept or decline the opportunity.
C) Provide to each client who does not
			 decline to apply to register to vote the same degree of assistance with regard
			 to the completion of the voter registration application form as is provided by
			 the staff with regard to the completion of IDHS' own forms, unless the
			 applicant refuses that assistance.
D) Provide the client with a mail-in voter
			 registration application when the client provides notification to IDHS of a
			 change of address and offer the client assistance in completing the
			 form.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 512 - VOTER REGISTRATION PROGRAM › Section 512.30 - Disposition of Voter Registration Forms

Current through Register Vol. 48, No. 28, July 12, 2024
a) The completed declaration and registration
			 forms shall be retained by IDHS in a confidential manner separate from the
			 client's IDHS file for a minimum of two years.
b) If the client has chosen to apply to
			 register to vote, and completes the registration application prescribed by the
			 Illinois State Board of Elections, the application shall be forwarded to the
			 Illinois State Board of Elections (ISBE) in a manner that protects the
			 confidentiality of the client.
c)
			 Staff shall submit completed voter registration applications to ISBE as
			 follows:
1) within 10 days after the date of
			 receipt if received by IDHS five or more days prior to the close of voter
			 registration; or
2) within five
			 days if received five days or less prior to the close of voter
			 registration.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 515 - ADVISORY COUNCILS › Subpart A - STATE REHABILITATION COUNCIL › Section 515.100 - State Rehabilitation Council

Current through Register Vol. 48, No. 28, July 12, 2024
The State Rehabilitation Council (SRC) is established for the
				  purpose of advising theSecretary of the Department of Human Services (DHS) and
				  thevocational rehabilitation administrator (i.e., the Office of Rehabilitation
				  Services (DHS-ORS) Associate Director) of the provisions of the
				  federalRehabilitation Act of 1973 and the Americans With Disabilities Act of
				  1990in matters concerning individuals with disabilities and the provision of
				  rehabilitation services [20 ILCS
				  5/5-550 ].
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 515 - ADVISORY COUNCILS › Subpart A - STATE REHABILITATION COUNCIL › Section 515.110 - Powers and Duties

Current through Register Vol. 48, No. 28, July 12, 2024
Powers and duties of the SRC in respect to the operation of
				  DHS-ORS include:
a) To consider and
				study the subject of rehabilitation as it relates to the programs and purpose
				of DHS;
b) To recommend to the
				Associate Director of DHS-ORS, on its own initiative, policies and practices
				which shall be duly considered;
c)
				To give advice or make recommendations to the Governor and the General Assembly
				when so requested or on its own initiative;
d) To investigate the conduct of the work of
				DHS-ORS, and for this purpose to have access, at any time, to all books,
				papers, documents, and records pertaining or belonging to DHS-ORS, and to
				require written or oral information from any officer or employee of
				DHS-ORS;
e) To adopt bylaws, not
				inconsistent with statute, for the internal management of the SRC, a copy of
				which is to be filed with the Associate Director of DHS-ORS;
f) To act by a subcommittee, or by a majority
				of SRC, if the bylaws so prescribe;
g) To keep minutes of each meeting which
				shall be filed with the Associate Director of DHS-ORS and available for public
				review;
h) To give notice of the
				time and date of each meeting to the Governor, the Secretary and the vocational
				rehabilitation administrator to permit them to attend meetings and to be heard
				upon any matter coming before the SRC;
i) To prepare and submit to the vocational
				rehabilitation administrator such reports and findings as he/she may request or
				as the Council deems fit and prepare and submit such reports and findings to
				the Governor and the Commissioner for the Rehabilitation Services
				Administration of the U.S. Department of Education;
j) To select jointly withthevocational
				rehabilitation administratora pool of qualified persons to serve as impartial
				hearing officers [20 ILCS
				5/5-550 ];
k) To the extent feasible, to conduct a
				review and analysis of the effectiveness of, and consumer satisfaction with:
1) the functions performed by DHS-ORS and
				other public and private service providers; and
2) VR services provided, or paid for, through
				DHS-ORS or any other source;
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 515 - ADVISORY COUNCILS › Subpart A - STATE REHABILITATION COUNCIL › Section 515.120 - Composition

Current through Register Vol. 48, No. 28, July 12, 2024
a) TheSRCshall
				consist of25members appointed by the Governor after soliciting recommendations
				from representatives of organizations representing a broad range of individuals
				with disabilities and organizations interested in individuals with
				disabilities.
1) The Governor shall appoint
				to this Council, or the Council, if the Governor delegates that power to the
				Council by executive order, shall appointthe following:
A) One representative of a parent training
				center established in accordance with the federal individuals with disabilities
				education act.
B) One
				representative of the Client Assistance Program(CAP) or other individual
				recommended by CAP.
C) One
				vocational rehabilitation counselor who has knowledgeofand experience with
				vocational rehabilitation programs (if an employee ofthe Departmentis
				appointed, that appointee shall serve as an ex officio, non-voting
				member).
D) One representative of
				community rehabilitation program service providers.
E) Four representatives of business,
				industry, and labor.
F) Eight
				representatives of disability advocacy groups representing a cross section of
				the following:
i) individuals with physical,
				cognitive, sensory, and mental disabilities; and
ii) parents, family members, guardians,
				advocates, or authorized representatives of individuals with disabilities who
				have difficulty in representing themselves or who are unable, due to their
				disabilities, to represent themselves.
G) One current or former applicant for, or
				recipient of, vocational rehabilitation services.
H) Three representatives from secondary or
				higher education.
I) One
				representative of the State Workforce Investment Board.
J) One representative of the Illinois State
				Board of Education who is knowledgeable about the Individuals with Disabilities
				Education Act.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 515 - ADVISORY COUNCILS › Subpart A - STATE REHABILITATION COUNCIL › Section 515.130 - Meetings

Current through Register Vol. 48, No. 28, July 12, 2024
a) TheSRCshall meet
				at least 4 times per year at times and places designated by the chairperson
				upon 10 days written notice to the members. A schedule of these meetings shall
				be developed so that public notice of the dates, times, and locations of the
				regularly scheduled meetings will be posted at the beginning of the calendar
				year at appropriate DHS administrative offices. Copies of the public notice
				will also be provided to news media upon written or oral request.
b) Special meetings may be called by the
				chairperson or 7 members of the Council upon 7 days written notice to the other
				members. Public notice of the date, time, location and agenda of any special
				meeting will be posted at appropriate DHS administrative offices at least 24
				hours in advance of the meeting and in accordance with Sections 2.02 and 2.03
				of the Open Meetings Act [5 ILCS 120/2.02 and 2.03].
c) Ninemembers shall constitute a quorum.
				[20 ILCS
				5/5-550 ]
d) Meetings shall be open to the public,
				except that meetings or portions of meetings may, upon a majority vote of a
				quorum present, be declared closed, in accordance with Sections 2 and 2a of the
				Open Meetings Act [5 ILCS 120/2 and 2 a].
e) The proceedings of meetings may be
				recorded in accordance with Section 2.05 of the Open Meetings Act
				[5 ILCS
				120/2.05 ], which allows any person to record a
				meeting required to be open unless a witness testifying before the Council
				refuses to testify on the basis that his or her testimony will be broadcast or
				televised or that motion pictures will be taken during testimony. If such
				refusal occurs, recording shall be prohibited.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 515 - ADVISORY COUNCILS › Subpart A - STATE REHABILITATION COUNCIL › Section 515.140 - Terms of Membership

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				members shall be appointed for staggered terms of 3 years.
b) Vacancies shall be filled for the
				unexpired term. Members shall serve until their successors are appointed and
				qualified.
c) No member, except for
				the representative of the Client Assistance Program,shall serve for more than 2
				full terms. [20 ILCS
				5/5-550 ]
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 515 - ADVISORY COUNCILS › Subpart A - STATE REHABILITATION COUNCIL › Section 515.150 - General Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Members shall be reimbursed for their actual expenses incurred in the
				performance of their duties as members of SRC, including expenses for travel,
				child care, and personal assistance services, and a member who is not employed
				or who must forfeit wages from other employment shall be paid reasonable
				compensation for each day the member is engaged in performing the duties of the
				Council. For the purpose of payment, "reasonable compensation" shall be $100
				per day, but in no case shall the amount exceed income lost by the SRC member
				who must forfeit wages as a result of his/her participation.
b) No member ofSRCshall cast a vote on any
				matter that would provide direct financial benefit to the member or his/her
				immediate family (spouse, child, parent or other relative living in his/her
				household), or otherwise give the appearance of a conflict of interest under
				Illinois law.
c) To the extent
				there is a disagreement betweenSRCandthe unit within the Department of Human
				Services responsible for the administration of the vocational rehabilitation
				programregarding the resources necessary to carry out the functions ofSRCas set
				forth in Sections 6.23 and 8 of the Civil Administrative Code of Illinois [20
				ILCS 5/5-505 and 5 -550], the disagreement shall be resolved by the Governor
				[20 ILCS
				5/5-550 ].
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 515 - ADVISORY COUNCILS › Subpart D - STATEWIDE INDEPENDENT LIVING COUNCIL › Section 515.400 - Statewide Independent Living Council

Current through Register Vol. 48, No. 28, July 12, 2024
The Governor shall appoint a Statewide Independent Living
				  Council, comprised of 18 members,which shall be established as an entity
				  separate and distinct fromthe Department [20 ILCS
				  2405/12a(d) ].