reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 86 - REVENUE › Part 5000 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart D - PROCEDURAL RULES › Section 5000.300 - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) Scope. This
				Subpart shall govern all proceedings before the Tribunal.
b) Intent. These standards of practice and
				procedure shall govern all proceedings brought before the Illinois Independent
				Tax Tribunal pursuant to the Illinois Tax Tribunal Act of 2012 [35 ILCS 1010 ].
				They are intended to provide the public with a clear, uniform, rapid,
				inexpensive and just system of resolving controversies with the Illinois
				Department of Revenue.
c) Hours.
				The principal offices of the Tribunal shall be open each day for the
				transaction of business and filing of documents between the hours of 9:00 a.m.
				and 5:00 p.m., Saturdays, Sundays and legal holidays excepted.
d) The Illinois Supreme Court Rules and the
				Illinois Code of Civil Procedure [735 ILCS 5 ] shall apply to proceedings
				before the Tribunal, except to the extent they conflict or are otherwise
				inconsistent with the requirements specifically provided in this
				Part.
Illinois Administrative Code › Title 86 - REVENUE › Part 5000 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart D - PROCEDURAL RULES › Section 5000.305 - Representation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Representation
				of Petitioner in Proceedings before the Tribunal.
1) Personal Appearance. Appearances in
				proceedings conducted before the Tribunal may be by the petitioner pro se. A
				partnership may act through one of its general partners without filing any
				power of attorney.
2)
				Representation by Others. All parties not acting on their own behalf shall be
				represented by an attorney authorized to practice before the courts of the
				state of Illinois.
3) Pro Hac Vice
				Admission. Persons authorized to practice law in another jurisdiction may, upon
				certifying in writing that they have followed the Illinois Supreme Court
				procedures for admission to practice pro hac vice in Illinois, and upon proper
				application to Tribunal, be authorized to practice before the Tribunal in a
				particular proceeding.
Illinois Administrative Code › Title 86 - REVENUE › Part 5000 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart D - PROCEDURAL RULES › Section 5000.310 - Pleadings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Petition. All
				proceedings in the Tribunal must be commenced by the filing of a petition.
1) Form of Petition. The petition shall
				contain or identify:
A) the name, address,
				and telephone number of the petitioner;
B) the name, address, telephone number and
				email address of the petitioner's representatives, if any;
C) the taxpayer's identification
				number;
D) a copy of the Statutory
				Notice at issue;
E) the years or
				periods involved;
F) separately
				numbered paragraphs stating, in clear and concise terms a summary of the errors
				of fact or law that the petitioner alleges have been made by the Department
				(e.g., in issuing the Statutory Notice), together with a statement of the facts
				or law upon which the petitioner relies to establish the errors;
G) the relief sought by the
				petitioner;
H) the signature of the
				petitioner or the petitioner's representative, if any; and
I) a check or money order in the amount of
				$500 made payable to Illinois Independent Tax Tribunal or application for
				waiver of the fee.
Illinois Administrative Code › Title 86 - REVENUE › Part 5000 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart D - PROCEDURAL RULES › Section 5000.320 - Status Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Initial
				Status Conference. An initial status conference shall be set within 60 days
				after the date of filing of the petition.
b) Notice. The parties shall be given at
				least 15 days' notice of the first status hearing date, and at least seven
				days' notice of any other hearing date unless the parties agree to an earlier
				date. A request by any party for a preference in scheduling will be honored to
				the extent possible.
c) Telephonic
				Hearings. Status conferences and hearings on motions may be conducted
				telephonically at the request of the parties. Any order setting a status
				conference or hearing date shall specify whether the parties and/or their
				representatives are to appear in person, by telephone or as otherwise
				agreed.
Illinois Administrative Code › Title 86 - REVENUE › Part 5000 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart D - PROCEDURAL RULES › Section 5000.325 - Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
a) General. As
				stated in Section 1-60 of the Act, the Illinois Supreme Court Rules and the
				Illinois Code of Civil Procedure [735 ILCS 5 ] shall apply to all discovery,
				requests for admission, and pre-trial procedure.
b) Interrogatories. Answers to
				interrogatories shall be filed with the clerk of the Tribunal.
c) Requests for Admissions. Requests for
				admission of fact shall be filed with the clerk of the Tribunal. Within 28 days
				after service of the requests, the answering party shall serve upon the party
				requesting the admission and file with the clerk of the Tribunal either a sworn
				statement denying specifically the matters of which admission is requested or
				setting forth in detail the reasons why the party cannot truthfully admit or
				deny those matters or a written objection to each request.
d) Other Discovery. Except as provided in
				subsections (b) and (c), discovery requests and answers shall not be filed with
				the Tribunal.
Illinois Administrative Code › Title 86 - REVENUE › Part 5000 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart D - PROCEDURAL RULES › Section 5000.330 - Service

Current through Register Vol. 48, No. 28, July 12, 2024
a) Date of Filing
				and Service. If any document required to be filed and served under this Part
				within a prescribed period or on or before a prescribed date is, after that
				period or date, delivered by United States mail or other third party commercial
				carrier, the date of the United States postmark stamped on the envelope or the
				date the document is delivered by the third party commercial carrier, messenger
				or private parcel delivery service will be deemed to be the date of filing or
				service.
b) Saturday, Sunday or
				Legal Holiday. When the last day prescribed under this Part for filing or
				service falls on a Saturday, Sunday or legal holiday in the State of Illinois,
				the filing or service shall be considered timely if it is performed on the next
				succeeding day that is not a Saturday, Sunday or legal holiday.
c) Service by Email. The parties may consent
				to service by email. The date of service will then be the date the email is
				sent.
Illinois Administrative Code › Title 86 - REVENUE › Part 5000 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart D - PROCEDURAL RULES › Section 5000.335 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon the request
				of any party, the administrative law judge assigned to the case may issue
				subpoenas to require the attendance of witnesses at a deposition or hearing or
				to require the production of documentary evidence; provided, however, that when
				it appears to the administrative law judge requested to issue the subpoena that
				the subpoena sought may be unreasonable, oppressive, excessive in scope, or
				unduly burdensome, the administrative law judge may, as a condition precedent
				to the issuance of the subpoena, require the person seeking the subpoena to
				show the general relevance and reasonable scope of the testimony or other
				evidence sought. In the event the administrative law judge requested to issue
				the subpoena shall, after consideration of all the circumstances, determine
				that the subpoena or any of its terms are unreasonable, oppressive, excessive
				in scope, or unduly burdensome, the administrative law judge may refuse to
				issue the subpoena, or issue it only upon the conditions the administrative law
				judge deems appropriate. In the event that an administrative law judge has not
				been assigned to the case or the administrative law judge is unavailable, the
				request to issue subpoenas may be made to the Chief Administrative Law Judge.
				Subpoenas will be delivered to the person requesting them and service of the
				subpoena will be the requestor's responsibility.
b) Request to Withdraw or Modify a Subpoena.
				Upon issuance of a subpoena pursuant to subsection (a), any person to whom a
				subpoena is directed may, prior to the time specified in the subpoena for
				compliance, but in no event more than 14 days after the date of service of that
				subpoena, request that the subpoena be withdrawn or modified by filing that
				request with the administrative law judge assigned to the case or, if no
				assignment has been made, to the Chief Administrative Law Judge. The request
				shall be upon notice to the other party and shall otherwise conform to the
				procedural requirements of Section
				5000.315 for
				motions.
Illinois Administrative Code › Title 86 - REVENUE › Part 5000 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart D - PROCEDURAL RULES › Section 5000.340 - Stipulations

Current through Register Vol. 48, No. 28, July 12, 2024
a) General. The
				parties are required to stipulate, to the fullest extent to which complete or
				qualified agreement can or fairly should be reached, all undisputed facts not
				privileged that are relevant to the pending controversy. Included in matters
				required to be stipulated are all facts, all documents and papers or contents
				or aspects thereof, and all evidence that fairly should not be in dispute. When
				the truth or authenticity of facts or evidence claimed to be relevant by one
				party is not disputed, an objection on the ground of materiality or relevance
				may be noted by the adverse party but is not to be regarded as just cause for
				refusal to stipulate. The requirement of stipulation applies under this Part
				without regard to where the burden of proof may lie with respect to the
				controversies involved. Documents or papers or other exhibits annexed to or
				filed with the stipulation shall be considered to be part of the
				stipulation.
b) Form. Stipulations
				shall be written and signed by the parties to the stipulation or by their
				representatives, if any, and shall be filed with the Tribunal. Documents or
				other papers that are the subject of stipulation in any respect and that the
				parties intend to place before the Tribunal shall be annexed to or filed with
				the stipulation. The stipulation shall be clear and concise. Separate items
				shall be stated in separate paragraphs and shall be appropriately numbered.
				Exhibits attached to a stipulation shall be lettered serially.
c) Binding Effect. A stipulation shall be
				treated, to the extent of its terms, as a conclusive admission by the parties
				to the stipulation, unless otherwise permitted by the Tribunal or agreed upon
				by the parties. The Tribunal shall not permit a party to a stipulation to
				qualify, change or contradict a stipulation, in whole or in part, except when
				justice requires. A stipulation and the admissions in the stipulation shall be
				binding and have effect only in the pending proceeding and not for any other
				purpose, and they shall not be used against any party to the stipulation in any
				other proceeding before the Tribunal, the Department or the courts.
d) Submission without Hearing. The parties
				may consent in writing to waive oral argument on contested motions and have the
				controversy determined on submission without need for appearance at a
				hearing.
Illinois Administrative Code › Title 86 - REVENUE › Part 5000 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart D - PROCEDURAL RULES › Section 5000.345 - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Out-of-state
				Petitioners. If the taxpayer does not have his or her place of business in this
				State, a hearing shall be held at the office designated by the Tribunal. If the
				chosen location is undesirable, upon a showing of just cause, the taxpayer may
				petition the Tribunal to move the hearing to another office.
b) Post-hearing Briefs. At the discretion of
				the administrative law judge, the parties may submit post-hearing briefs,
				including proposed findings of fact and conclusions of law.
Illinois Administrative Code › Title 86 - REVENUE › Part 5000 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart D - PROCEDURAL RULES › Section 5000.350 - Bonds

Current through Register Vol. 48, No. 28, July 12, 2024
a) General. The Tax
				Tribunal may require the taxpayer to post a bond equal to 25% of the liability
				at issue:
1) upon motion of the Department
				and a showing that:
A) the taxpayer's action
				is frivolous or legally insufficient; or
B) the taxpayer is acting primarily for the
				purpose of delaying the collection of tax or prejudicing the ability ultimately
				to collect the tax; or
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart A - APPLICABILITY AND DEFINITIONS › Section 10.101 - 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 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart A - APPLICABILITY AND DEFINITIONS › Section 10.110 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
				applies to activities of the Illinois Department of Human Services and local
				governmental units in administering those programs and activities authorized by
				the Illinois Public Aid Code [305 ILCS 5 ] and any other applicable
				statutes.
b) Should any Rule,
				subdivision, clause, phrase, or provision of this Part be held unconstitutional
				or invalid for any reason whatsoever, such holdings shall not affect the
				validity of the remaining portions of this Part.
c) This Part shall be operative only to the
				extent that it does not conflict with any Federal law or regulation governing
				Federal grants to this State for public assistance programs.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart A - APPLICABILITY AND DEFINITIONS › Section 10.130 - Assistance Programs

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				types of assistance programs administered by the Illinois Department of Human
				Services include: financial assistance and SNAP benefits.
b) Financial Assistance Programs - consists
				primarily of direct cash payments to recipients. The various financial
				assistance programs are:
1) Aid to the Aged,
				Blind or Disabled - State Supplemental Payment for aged, blind or disabled
				persons.
2) Temporary Assistance
				for Needy Families for families with one or more children.
3) Refugee Resettlement Program (RRP) for
				refugees from any country.
4)
				Repatriate Program for United States citizens and their dependents returned
				from a foreign country by the U.S. Department of State.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart A - APPLICABILITY AND DEFINITIONS › Section 10.140 - Assistance Program Restrictions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				An individual shall be eligible to receive financial assistance under only one
				of the following types of assistance programs at any one time:
1) Categorical Assistance (TANF or AABD),
				or
2) Assistance to Refugees,
				Entrants and Repatriates.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart B - RIGHTS AND RESPONSIBILITIES › Section 10.210 - Rights of Clients

Current through Register Vol. 48, No. 28, July 12, 2024
Assistance programs shall be administered in such a way as to
				  afford certain rights to clients and assure that a complete explanation is
				  given of client rights and responsibilities.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart B - RIGHTS AND RESPONSIBILITIES › Section 10.220 - Nondiscrimination

Current through Register Vol. 48, No. 28, July 12, 2024
a) No individual
				participating in any program or activity shall be discriminated against because
				of age, race, color, religious belief, political affiliation, sex, marital
				status, national origin or handicap.
b) No direct payment for goods and services
				provided shall be made to any agency, institution, organization or individual
				vendor that initiates or continues prohibited discriminatory
				practices.
c) Information regarding
				the Department's nondiscrimination policy shall be made available to all
				applicants at the time of application, all recipients upon request, all vendors
				receiving direct payment from the Department and all other interested parties
				as necessary.
d) Any aggrieved
				person may file a written complaint of alleged discriminatory conditions or
				practices encountered in the Department's programs and activities.
e) No individual or household applying for or
				participating in the food stamp program administered by the Department shall be
				discriminated against because of age, race, color, sex, handicaps, religious
				creed, national origin, or political beliefs. The individual/household is not
				to be discriminated against in any aspect of program administration, including
				but not limited to the certification of household, the issuance of benefits,
				the conduct of fair or fraud hearings, or the conduct of any other program
				service.
1) Individuals who believe that they
				have been subject to discrimination, as described in subsection (e) of this
				Section, may file a written complaint. When an individual expresses an interest
				in filing a discrimination complaint, the Department is to:
A) explain the United States Department of
				Agriculture (USDA) complaint procedures (the procedure is outlined in
				7 CFR
				272.6(c) ); and
B) explain the Department's complaint
				procedure; and
C) advise the
				individual of the right to file a complaint in either or both the USDA and/or
				Department complaint systems.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart B - RIGHTS AND RESPONSIBILITIES › Section 10.225 - Grievance Rights of Clients

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				When clients believe that they have not been treated with courtesy,
				consideration or respect by a Department employee, they or their representative
				may file a written grievance. The client may file a written grievance in any
				Department office, even if the grievance is against a staff person not working
				in that office.
b) The Department
				will investigate any written grievance which is filed within 60 days after the
				grieved occurrence. A client grievance filed more than 60 days after the
				grieved occurrence will not be investigated by the Department.
c) Responsibility for Handling a Grievance
1) When the client is in the local office and
				files a grievance against a local office staff person, the intermediary will
				handle the grievance.
2) When the
				client is in the local office and files a grievance against the local office
				administrator, the local office administrator or designee will accept the
				grievance and notify the next higher level supervisor.
3) When the client is in the local office and
				files a grievance against other agency personnel, the work site manager will
				accept the grievance and notify the appropriate intermediary.
4) When the client is in any other Department
				office and files a grievance against a local office staff person or other
				agency personnel, the work site manager will accept the grievance and notify
				the appropriate intermediary within 48 hours.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart B - RIGHTS AND RESPONSIBILITIES › Section 10.230 - Confidentiality of Case Information

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				For the protection of clients, any information about a client or case is
				confidential and shall be used only for purposes directly related to the
				administration of the assistance programs, except as provided in subsections
				(d) and (e) of this Section. The following shall be considered as included in
				the administration of the programs:
1) the
				establishment of a client's initial or continuing eligibility for public
				assistance;
2) the establishment or
				the extent of an individual's need for financial assistance, medical assistance
				or other services; and
3) the
				establishment of procedures assuring the health and safety of the
				client.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart B - RIGHTS AND RESPONSIBILITIES › Section 10.235 - Case Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) The case
				record is a business record and shall constitute an official record of the
				Department concerning clients.
b) A
				case record shall be established for each applicant and maintained for each
				recipient.
c) The case record shall
				indicate the basis for approval or denial of the application.
d) A case record shall be established and
				maintained for each applicant and participant in the food stamp program. A
				separate food stamp case record shall be maintained for each non-assistance
				household.
1) For assistance households, the
				food stamp record shall be maintained in an isolated section of the regular
				income maintenance case record.
2)
				The case record shall be documented to support eligibility, ineligibility and
				benefit level determination. When verification is needed to resolve
				questionable information, the case record shall indicate the reason the
				information was considered questionable and what documentation was used to
				resolve the questionable information. The case record shall also indicate the
				reason why an alternate source of verification was needed.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart B - RIGHTS AND RESPONSIBILITIES › Section 10.250 - Reporting Change of Circumstances

Current through Register Vol. 48, No. 28, July 12, 2024
a) General
It is the responsibility of the client to report any change
				  in circumstances, including but not limited to household composition or receipt
				  of income or assets that might affect the client's assistance. This information
				  shall be reported to the local office within ten working days after the change
				  or prior to the expenditure of funds received, whichever occurs first. For
				  non-assistance food stamp only households, FamilyCare food stamp households,
				  food stamp households with earned income and TANF Cash Only cases with earned
				  income, see 89 Ill. Adm. Code
				  121.125 and
				  89 Ill. Adm. Code
				  112.302.
b) AABD
When an individual other than the recipient maintains the
				  recipient's funds (income and/or assets), it is the responsibility of that
				  individual to report any changes in circumstances to the local office. Any
				  changes that may affect the recipient's continued eligibility for financial
				  assistance, including receipt of lump-sum payments, shall be reported to the
				  local office within ten working days after the change.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart B - RIGHTS AND RESPONSIBILITIES › Section 10.263 - Reporting Child Abuse/Neglect

Current through Register Vol. 48, No. 28, July 12, 2024
a) As
				mandated by the Abused and Neglected Child Reporting Act [22 ILCS], Department
				field staff are required to immediately report to the Department of Children
				and Family Services suspected abuse or neglect [325 ILCS
				5/1 et seq.]. A report is to be filed when there is
				reason to believe a child may be an abused or neglected child or when
				information is received that a child may be an abused or neglected child. Abuse
				or neglect, as defined by State law (Section 3 of the Abused and Neglected
				Child Reporting Act [325 ILCS
				5/3 ]) and the rules and regulations of the Department
				of Children and Family Services (89 Ill. Adm. Code 302: Subpart B) is
				reportable.
b) This reporting
				requirement applies to all Department staff. This includes income maintenance
				and any other staff who suspect that a child, with whom they have had contact
				in a working capacity, is an abused or neglected child.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart B - RIGHTS AND RESPONSIBILITIES › Section 10.268 - Reporting Elder Abuse/Neglect

Current through Register Vol. 48, No. 28, July 12, 2024
a) As
				mandated by the Elder Abuse and Neglect Act [320 ILCS
				20/4 ], Department staff, while engaged in carrying
				out their professional duties, are required to report the abuse, neglect,
				financial exploitation, or self-neglect of any Illinois resident 60 years of
				age or older who lives in the community when the older person is unable to
				self-report. Applicable definitions can be found in Section 2 of the Elder
				Abuse and Neglect Act.
b) Elder
				abuse must be reported, within 24 hours, to the Department on Aging's Elder
				Abuse and Neglect Program.
c) This
				reporting requirement applies to all Department staff who suspect that an older
				person, with whom they have had contact in a working capacity, is an abused
				elder.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart B - RIGHTS AND RESPONSIBILITIES › Section 10.270 - Notice to Client

Current through Register Vol. 48, No. 28, July 12, 2024
a) Every
				applicant for assistance shall be sent or given a written notice of disposition
				of the application.
b) Every
				recipient for assistance shall be sent or given a written notice whenever
				assistance is reduced or discontinued.
c) Notices denying, reducing, or
				discontinuing assistance shall contain the following information:
1) A clear statement of the action being
				taken.
2) A clear statement of the
				reason for the action.
3) A
				reference to the statute, rule, or policy provision under the authority of
				which the action is taken. From March 1997 through March 1998, references to
				provisions of the Department's policy manuals using the numbering system in use
				in 1996 shall be deemed to be references to the corresponding provisions of the
				new numbering system introduced in 1997.
4) A complete statement of the client's right
				to appeal (see subsection (d) below and Sections
				10.280 through
				10.282
				).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart B - RIGHTS AND RESPONSIBILITIES › Section 10.280 - Right to Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
				individual who applies for or receives financial assistance, medical
				assistance, social services or SNAP benefits shall have the right to appeal any
				of the following:
1) Refusal to accept an
				application or reapplication;
2)
				Failure to act on an application within the mandated time period;
3) A decision to deny an
				application;
4) A decision to
				reduce, suspend, terminate or in any way change the amount of assistance/SNAP
				benefits or manner in which it is provided;
5) Failure to make a decision or take
				appropriate action on any request that the client makes;
6) A decision affecting the basis of issuance
				of SNAP benefits with which the client disagrees; or
7) An issue of Department policy, if the
				client is aggrieved by its application.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart B - RIGHTS AND RESPONSIBILITIES › Section 10.281 - Continuation of Assistance Pending Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a) if an appeal is initiated by the date a
				reduction or discontinuance will occur or within ten calendar days after the
				date of the adequate notice, assistance shall be continued at the level in
				effect prior to the proposed action, pending the results of the fair hearing
				process, unless the individual specifically requests that his/her assistance
				benefits not be continued. If the date the reduction or discontinuance will
				occur or the 10th calendar day is a Saturday, Sunday or a holiday, the client
				has until the end of the next work day to file his/her appeal.
b) If a food stamp household files an appeal
				as the result of normal expiration of the certification period, or as a result
				of action taken on the initial or subsequent application, benefits shall not be
				continued at the previous level.
c)
				If a food stamp household timely appeals a suspension from program
				participation for failure to file a Monthly Report by the date the suspended
				benefits would have been issued or within ten days from the date of notice of
				adverse action, whichever is later (see 89 Ill. Adm. Code
				121.91(i)
				), and the household admits that it did not submit the Monthly Report, the
				household is not entitled to continuation of benefits.
d) If an individual appeals the Department's
				decision to initiate a protective payment plan by the date initiation of the
				plan will occur, the protective payment plan shall not be initiated pending the
				results of the fair hearing process.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart B - RIGHTS AND RESPONSIBILITIES › Section 10.282 - Time Limit for Filing an Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				right of appeal (except for food stamp cases) must be exercised within 60
				calendar days after the date of the Department's action to notify the client.
				All written notifications to clients are to bear the same date as the date of
				mailing or delivery. Day one of the 60 day time period shall be the day
				following:
1) The date on a written
				notification of a decision on an application, reduction, suspension,
				termination or discontinuance of assistance and/or food stamp benefits, absent
				definitive evidence to the contrary that the notification was mailed (or
				delivery attempted) on a different date;
2) The date of the Department's notification
				of denial of a request or other action that aggrieves the client when that
				denial or action is other than an application decision or a decision to reduce,
				suspend or terminate assistance.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart B - RIGHTS AND RESPONSIBILITIES › Section 10.283 - Examining Department Records

Current through Register Vol. 48, No. 28, July 12, 2024
At any time during the regular office hours of the
				  Department, the Department shall permit a client (as defined at Section
				  10.120 )
				  and/or a client's authorized representative to examine the client's case
				  records in the presence of a Department employee and to obtain copies of such
				  case record materials upon payment of a charge for
				  reproduction.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart B - RIGHTS AND RESPONSIBILITIES › Section 10.284 - Child Care

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
				shall authorize payment of child care expenses, if needed, to allow a TANF or
				AABD (not MANG) client (active, pending, denied, or cancelled case status) to
				attend an appeal hearing.
b) The
				appellant must request the payment no later than 30 days after the
				hearing.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart B - RIGHTS AND RESPONSIBILITIES › Section 10.290 - Voluntary Repayment of Assistance

Current through Register Vol. 48, No. 28, July 12, 2024
a) A recipient or former recipient of
				assistance may voluntarily repay all or part of the assistance
				provided.
b) A responsible relative
				or other person may, in behalf of a recipient or former recipient, repay all or
				part of the assistance provided.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart B - RIGHTS AND RESPONSIBILITIES › Section 10.295 - Correction of Underpayments

Current through Register Vol. 48, No. 28, July 12, 2024
When it is determined that a TANF assistance unit has not
				  received all the assistance to which it is entitled, the Department shall
				  provide retroactive corrective payments when the assistance unit is currently
				  active.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart B - RIGHTS AND RESPONSIBILITIES › Section 10.300 - Recovery of Assistance

Current through Register Vol. 48, No. 28, July 12, 2024
a) By means
				of claims against the estates of deceased recipients and the estates of their
				deceased spouses and liens against recipients' real property interests, the
				Department has a statutory right to recover assistance provided to or in behalf
				of recipients according to the terms prescribed in this Section.
b) The Department shall effect its recoveries
				by one of the following actions:
1)
				Acceptance of an amount, as settlement, equal to the estimated amount that
				would be collected if the estate were administered or the lien
				foreclosed;
2) Administration of
				the estate; or
3) Foreclosure of
				the lien.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart B - RIGHTS AND RESPONSIBILITIES › Section 10.310 - Estate Claims

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department's claim against the estate of a deceased recipient or against the
				estate of the recipient's deceased spouse, regardless of the order of death,
				shall encompass:
1) All income maintenance
				assistance paid out at any time; and
2) All medical assistance paid out:
A) at any time for a permanently
				institutionalized recipient whose real property is subject to the Department's
				lien; or
B) All medical assistance
				paid out, except the costs of Community Care Program (CCP) services, prior to
				October 1, 1993, for a recipient while 65 years of age or older; or
C) All medical assistance paid out on or
				after October 1, 1993, for a recipient while 55 years of age or older;
				or
D) All medical assistance paid
				out for Medicare cost sharing expenses of a Qualified Medicare Beneficiary
				(QMB).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart B - RIGHTS AND RESPONSIBILITIES › Section 10.320 - Real Property Liens

Current through Register Vol. 48, No. 28, July 12, 2024
The Department's lien against a recipient's real property
				  shall encompass:
a) all medical
				assistance paid out at any time for a permanently institutionalized recipient,
				and
b) all income maintenance
				assistance paid to or on behalf of a recipient on or after the following dates:
Assistance Program
Effective Date
AABD(A)
January 1962
AABD(B) and (D)
November 1963
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart B - RIGHTS AND RESPONSIBILITIES › Section 10.330 - Filing and Renewal of Liens

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department shall file a lien against:
1) The
				homestead property owned by:
A) a recipient
				of AABD; or
B) a permanently
				institutionalized recipient of MANG(A), (B) or (D), except as provided in 89
				Ill. Adm. Code
				102.235;
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart B - RIGHTS AND RESPONSIBILITIES › Section 10.340 - Foreclosure of Liens

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department may enforce a lien by foreclosure:
1) At any time when there is a transfer of a
				recipient's real property subject to the lien;
2) In case of fraud; or
3) At the time of the recipient's
				death.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart B - RIGHTS AND RESPONSIBILITIES › Section 10.350 - Release of Liens

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department shall release a lien when:
1) The
				Department receives full repayment of the assistance granted subject to the
				lien;
2) A bond is filed, with a
				surety or sureties acceptable to the Department, that guarantees payment of the
				amount of the lien;
3) The lien was
				filed in error; or
4) A MANG(A),
				(B) or (D) recipient has been medically discharged from an institution and
				returns to his or her home on which the Department holds a lien.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart B - RIGHTS AND RESPONSIBILITIES › Section 10.360 - Personal Injury Claims

Current through Register Vol. 48, No. 28, July 12, 2024
a) Clients who
				suffer a personal injury and have a potential for recovery of damages as a
				result of the type or severity of the injury must report such injuries to the
				Department and take action to collect any damages that may be due.
b) The Department shall collect payment from
				personal injury settlements paid in behalf of clients. The Department shall not
				collect payment from claims covered by the Workers' Compensation Act [820 ILCS
				305 ], the Workers' Occupational Diseases Act [820 ILCS 310 ] or the Wrongful
				Death Act [740 ILCS 180 ].
c) The
				Department shall have a charge equal to the total cost of medical assistance
				provided to an injured individual from the date of the injury to the date of
				recovery of damages.
d) If an
				employable individual receives assistance for himself and/or dependents, the
				Department's charge shall also include the total cost of cash and medical
				assistance issued as a result of the injury that was provided for the
				individual and his dependents from the date of injury to the date of recovery
				of damages. The Department's charge is for assistance provided for the injured
				recipient and his dependents even if all persons are not included in a single
				assistance unit.
e) Payment
				received by a client as damages for a personal injury shall be considered
				nonexempt unearned income after payment of the following expenses:
1) necessary costs of litigation or
				settlement;
2) the Department's
				charge;
3) medical costs resulting
				from the injury and paid by the client; and
4) expenses to repair or replace personal
				property that was damaged as result of the injury.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart B - RIGHTS AND RESPONSIBILITIES › Section 10.370 - Convictions of Fraud - Eligibility

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Multiple Convictions
Any person who has been found guilty of a criminal violation
				  of Article VIIIA of the Illinois Public Aid Code [305 ILCS 5 /Art. VIIIA] or of
				  any law of the United States or another state that is substantially similar to
				  Sections 8A-2 through 8A-5 of Article VIIIA, two or more times, shall be
				  ineligible for assistance under the GA program (in the City of Chicago) or the
				  State AABD program. Children for whom such a person is a caretaker relative
				  shall remain eligible for assistance under this Code.
b) Single Convictions of $10,000 or More
Any person who has been found guilty of a criminal violation
				  of Article VIIIA of the Illinois Public Aid Code [305 ILCS 5/Art. VIIIA], who
				  has not previously been convicted of a criminal violation of Article VIIIA and
				  has amassed $10,000 or more in such criminal violation, shall be ineligible for
				  assistance under the GA program (in the City of Chicago) or the State AABD
				  program for a period of two years following conviction or until the total
				  amount of money, including the value of food stamps, is repaid, whichever first
				  occurs. Children for whom such a person is a caretaker relative shall remain
				  eligible for assistance.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart B - RIGHTS AND RESPONSIBILITIES › Section 10.390 - Request for Case Transfer

Current through Register Vol. 48, No. 28, July 12, 2024
a) Once
				an applicant is determined eligible for assistance, he or she has a right to
				request to have the case transferred to another local office for his or her
				convenience, based upon one of the following factors:
1) the location of his or her
				employer;
2) the location of his or
				her child care provider;
3) access
				to reliable transportation; or
4)
				the location of a social service provider that he or she sees on a regular
				basis.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart C - APPLICATION PROCESS › Section 10.410 - Application for Assistance

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				application is a request for cash, medical or SNAP assistance on a Department
				of Human Services (Department) form or a DHS web application submitted
				electronically that has been completed to the best of the client's knowledge
				and ability.
b) The application
				must contain a name, address, and signature (or signatures).
1) The Department's application for
				assistance captures the electronic signature on a secure directory and places
				the electronic signature into a secure database.
2) An electronic signature may be made by an
				applicant who checks a box and types his or her name; by an applicant who
				telephonically records his or her voice, constituting a telephonic signature;
				by an applicant who verbally assents by telephone, constituting a telephonic
				signature; or by any other symbol that is executed or adopted, using electronic
				means, by the applicant with the intent to authenticate the record. The option
				for an applicant to verbally assent by telephone, constituting a telephonic
				signature, will end upon the expiration of the COVID-19 Gubernatorial Disaster
				Proclamations or the expiration of the federal waiver permitting that option,
				whichever occurs first.
3) The
				application, which includes the electronic signature, is sent to a secure
				database with auditing capabilities that track the user when the application is
				modified to ensure the integrity, security and confidentiality of the
				electronic signature. This requirement does not apply to applications to which
				an applicant verbally assents by telephone.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart C - APPLICATION PROCESS › Section 10.415 - Local Office Action on Application for Public Assistance

Current through Register Vol. 48, No. 28, July 12, 2024
Upon a person's making application for public assistance at a
				  local office, the local office shall consider that person's eligibility for all
				  forms of public assistance according to the appropriate eligibility rules for
				  assistance programs, unless the person has indicated in writing that he or she
				  does not want to apply for certain programs. A signed application form on which
				  the person indicates the program or programs for which he or she does or does
				  not want to apply constitutes the person's written statement. The words "public
				  assistance" constitute the assistance provided by the Department or DPA as
				  specified in Articles III, IV, V, and VI of the Public Aid Code, namely Aid to
				  the Aged, Blind and Disabled, Temporary Assistance for Needy Families, Refugee
				  Assistance program, the Department of Public Aid's Medical Programs and General
				  Assistance (where administered by the Department). Upon a person's making
				  application for public assistance at a local office, the local office shall
				  also consider that person's eligibility for the United States Department of
				  Agriculture's Food Stamp Program (unless the applicant has indicated in writing
				  that he or she does not want food stamps) and for such other programs as the
				  Department may from time to time be administering pursuant to the laws and
				  regulations of the State and Federal government. A signed application form on
				  which the person indicates whether he or she wants to apply for food stamps or
				  any other programs that the Department may offer at any given time constitutes
				  the person's written statement.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart C - APPLICATION PROCESS › Section 10.420 - Time Limitations on the Disposition of an Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within 10 days
				after a decision is made on an application, the Department shall inform the
				applicant in writing of the decision. This notice shall contain a decision on
				each of the following programs for which the recipient may be eligible based on
				information contained on the application: TANF, Medical Assistance, AABD and
				SNAP benefits. No decision shall be required for any assistance program for
				which the applicant has expressly declined in writing to apply.
b) The Department shall send a notification
				of its determination within the following time periods, calculated from the
				date of application:
1) Aid to the Aged,
				Blind or Disabled (Aged)/((AABD)(A)) and related Medical Assistance-No Grant
				(MANG) - 45 calendar days
2) Aid to
				the Aged, Blind or Disabled (Blind)/((AABD)(B)) and related MANG - 45 calendar
				days
3) Aid to the Aged, Blind or
				Disabled (Disabled)/((AABD)(D)) and related MANG - 60 calendar days
4) Temporary Assistance for Needy Families
				(TANF) and related MANG - 45 calendar days
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 10 - GENERAL ADMINISTRATIVE PROVISIONS › Subpart C - APPLICATION PROCESS › Section 10.430 - Approval of an Application and Initial Authorization of Financial Assistance

Current through Register Vol. 48, No. 28, July 12, 2024
a) Financial
				assistance for Aid to the Aged, Blind or Disabled and Temporary Assistance for
				Needy Families shall be authorized effective 30 days after the date of
				application, provided the case is eligible on that date.
Exception: Financial assistance for an AABD client residing
				  in a sheltered care facility shall be authorized effective the date of
				  application, or the date of entry into the sheltered care facility, whichever
				  is later.
b) If the
				applicant is determined eligible for financial assistance, the notice (see
				Section
				10.420
				) shall state the amount of financial assistance to be provided, and a
				statement of the reasons for any partial grant amounts. Partial grant amount is
				defined as the maximum grant that a family unit for whom application for public
				assistance was filed is eligible to receive, less any reductions resulting from
				the consideration.