Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 582 - STATE LOAN REPAYMENT PROGRAM CODE › Subpart B - STATE LOAN REPAYMENT PROGRAM › Section 582.170 - Loan Repayment Funds Recovery

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Loan repayment awards 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, the provision of the Illinois Grant
				Funds Recovery Act will control.
b)
				The Department shall have the authority to issue subpoenas as part of an
				official investigation into the use of loan repayment funds. Subpoenas shall be
				issued and enforced according to Illinois Supreme Court Rules and the Code of
				Civil Procedure.
c) Every recipient
				shall keep complete and accurate records of all loan repayment funds that the
				recipient receives. A recipient's failure to create and maintain records that
				demonstrate the recipient's receipt and use of all loan repayment funds shall
				create a presumption in favor of recovery by the Department.
d)
Whenever
the
Department
believes
				that
loan repayment
funds are subject to recovery,
				the
Department
shall provide the
recipient
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)
e) The offer of
				an informal hearing will be in writing and will provide the recipient with no
				fewer than 10 calendar days in which to request an informal hearing. A
				recipient's failure to deliver a timely request for an informal hearing shall
				constitute the recipient's waiver of the informal hearing. During any informal
				hearing, the recipient may be represented by a licensed attorney.
f) If, after an informal hearing or if no
				timely request for an informal hearing is received, the Department determines
				that any loan repayment funds are to be recovered, the Department will provide
				the recipient with formal written notice of its intent to recover loan
				repayment funds. The notice will identify the funds, the amount to be recovered
				and the specific facts that permit recovery.
g) A recipient shall have 35 days from the
				receipt of the notice required in subsection (f) to request a hearing to show
				why recovery is not proper.
h) If a
				recipient timely requests a hearing, the Department will hold a formal hearing
				in accordance with Practice and Procedure in Administrative Hearings, at which
				the recipient 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 recovery order and send a copy of the
				order to the recipient by certified U.S. Mail.
i) A recipient may seek judicial review in
				the circuit court of any Department final recovery order, pursuant to the
				Administrative Review Law.
j) If a
				recipient 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.
k) If a recipient does not
				timely request a hearing, the Department may proceed with recovery of the loan
				repayment funds identified in the notice issued pursuant to this Section, at
				any time after the expiration of the 35-day request period.
l) Any notice or mailing required or
				permitted by this Section shall be deemed received five days after the notice
				or mailing is deposited in the US mail, with the recipient's current address
				and with sufficient U.S. postage affixed, or the date of actual delivery,
				whichever is sooner.
m) During any
				formal hearing, the recipient may be represented by a licensed
				attorney.