Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 577 - PSYCHIATRY INCENTIVE PROGRAM CODE › Subpart B - GRANTS TO PSYCHIATRIC PRACTICE RESIDENCY PROGRAMS › Section 577.195 - Grant Funds Recovery

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a
				grantee fails to comply with this Part or any of the terms of the grant
				agreement, the Department, after notice and opportunity for hearing, shall
				suspend or revoke the grant and recover any grant funds previously disbursed to
				the grantee.
b) If the Department
				believes that a grant should be suspended, revoked, or recovered because of a
				grantee's failure to comply with this Part or the terms of the grant agreement,
				the grantee shall have the opportunity for at least one informal hearing before
				the Department or the Department's designee to determine the facts and issues
				and to resolve any conflicts as amicably as possible before any formal recovery
				action is taken.
c) If, based on
				the outcome of the informal hearing, the Department believes that a grant
				should be suspended, revoked or recovered because of a grantee's failure to
				comply with this Part or the terms of the grant agreement, written notice of
				the proposed action shall be given to the grantee identifying the action to be
				taken and specific facts that permit the action. The grantee shall have 35
				calendar days after the receipt of the notice to request a formal hearing (see
				77 Ill. Adm. Code 100) to show why recovery is not justified or
				proper.
d) If a grantee requests a
				hearing pursuant to subsection (c), the Department shall hold a hearing at
				which the grantee or the grantee's attorney is permitted to present evidence
				and witnesses to show why the action should not be taken.
e) After the conclusion of the hearing, the
				Department shall issue a written final order setting forth its findings of fact
				and decision. A copy of the order shall be sent to the grantee.
f) In addition to the terms of the grant
				agreement regarding suspension or termination, the Department may suspend or
				terminate the grant agreement if the grantee breaches the grant agreement,
				fails to comply with the Act or this Part, makes any material misrepresentation
				to the Department or creates any situation that constitutes a threat to the
				public's health, safety, or welfare. Notice of opportunity for hearing will be
				provided with the notice of suspension. If a grantee requests a hearing
				pursuant to subsection (c), the Department may not take any action of recovery
				until at least 35 calendar days after the Department has issued a final
				recovery order pursuant to subsection (e). If a grantee does not request a
				hearing, the Department may proceed with recovery of the grant funds identified
				in the notice at any time after the expiration of the 35 calendar day request
				period established in subsection (c).
g) Any notice or mailing required or
				permitted by this Part shall be deemed received five business days after the
				notice or mailing is deposited in the United States mail, properly addressed
				with the grantee's current or last known business address and with sufficient
				U.S. postage affixed.