Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 974 - QUALITY OF LIFE CODE › Subpart B - QUALITY OF LIFE GRANTS › Section 974.190 - Grant Funds Recovery

Current through Register Vol. 48, No. 28, July 12, 2024
a) Grants
				made under this Part are subject to the Illinois Grant Funds Recovery Act. If a
				provision of this Part conflicts with a provision of the Illinois Grant Funds
				Recovery Act, then the provision of the Illinois Grant Funds Recovery Act
				controls.
b) The Illinois Grant
				Funds Recovery Act will be used to recover funds in cases of any breach of the
				grant agreement, including, but not limited to, a failure to expend funds as
				specified in the grant agreement, retaining grant funds beyond the term, or
				expending funds for unauthorized or unlawful purposes.
c) The Illinois Grant Funds Recovery Act will
				be used to recover funds awarded to a grantee for program costs if the grantee
				fails to provide objective written guidance and documentation of compliance
				with all grant deliverables, including a close out report detailing how all the
				funds were expended.
d) The
				Department shall have the authority to issue subpoenas as part of an official
				investigation into the use of grant funds. Subpoenas shall be issued and
				enforced according to Illinois Supreme Court Rules and the Code of Civil
				Procedure.
e) Every grantee and
				subgrantee shall keep complete and accurate accounting records of all grant
				funds that the grantee receives, administers, oversees or expends. A grant
				recipient's failure to create and maintain accounting records that demonstrate
				the grant recipient's receipt, administration, oversight, expenditure or use of
				all grant funds shall create a presumption in favor of recovery by the
				Department. If a person or entity that obtains grant funds dispenses or
				subgrants any or all of those funds to another person or entity for obligation,
				expenditure or use, then those funds shall also be treated as grant funds and
				shall be subject to recovery by the Department, whether or not the entity
				receiving grant funds has a written grant agreement with the
				Department.
f) Grantees shall
				cooperate with all requests for information and documents, as well as
				investigations and audits of a grantee's use of grant funds. Grantees shall
				provide the Department with unrestricted access to the grantee's books,
				records, files, activities and employees during normal business hours. A
				failure to cooperate shall create a presumption that grant funds have not been
				spent in accordance with the written grant agreement and be grounds for
				suspension or termination of any grant agreement and the recovery of grant
				funds.
g)
Whenever
				the
Department
believes that grant funds are subject to
				recovery, the
Department
shall provide the grantee the
				opportunity for at least one informal hearing to determine the facts and issues
				and to resolve any conflicts as amicably as possible before taking any formal
				recovery actions
(Section 7 of the Illinois Grant Funds Recovery
				Act).
h) The offer of an informal
				hearing will be in writing and will provide the grantee with no fewer than 10
				calendar days in which to request an informal hearing. A grantee's failure to
				deliver a timely written request for an informal hearing to the Department
				shall constitute the grantee's waiver of the informal hearing. During any
				informal hearing, the grantee shall be represented by an attorney licensed in
				the State of Illinois.
i) If, after
				an informal hearing or if no timely request for an informal hearing is
				received, the Department determines that any grant funds are to be recovered,
				the Department will provide the grantee with formal written notice of its
				intent to recover grant funds. The notice will identify the funds and the
				amount to be recovered and the specific facts that permit recovery.
j) A grantee shall have 35 days from the
				receipt of the notice required in subsection (i) to request a hearing to show
				why recovery is not proper.
k) If a
				grantee timely requests a hearing, the Department will hold a formal hearing in
				accordance with Practice and Procedure in Administrative Hearings, at which the
				grantee may present evidence and witnesses to show why recovery should not
				occur. After the conclusion of the hearing, if recovery is warranted, the
				Department will issue a written Final Order and send a copy of the order to the
				grantee by Certified US Mail.
l) A
				grantee may seek judicial review of any Department Final Order in the circuit
				court, pursuant to the Administrative Review Law.
m) If a grantee timely requests a formal
				hearing, the Department will not take any action of recovery until at least 35
				days after a final recovery order has been issued.
n) If a grantee does not request a timely
				hearing, the Department may proceed with recovery of the grant funds identified
				in the notice issued pursuant to this Section at any time after the expiration
				of the 35-day request period.
o)
				Any notice or mailing required or permitted by this Section shall be considered
				received five days after the notice or mailing is deposited in the US mail,
				addressed to the grantee's current business address, as listed on the grantee's
				grant agreement, or the grantee's registered agent, and with sufficient US
				postage affixed, or the date of actual delivery, whichever is sooner.
p) During any formal hearing, the grantee
				shall be represented by an attorney licensed in the State of
				Illinois.