Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 412 - LICENSURE OF DIRECT CHILD WELFARE SERVICE EMPLOYEES AND SUPERVISORS › Section 412.60 - Investigation, Notice and Proceedings Involving Formal Complaints

Current through Register Vol. 48, No. 28, July 12, 2024
a) Complaints
Complaints shall be made to OCWEL for determination as to
				whether the complaint meets the grounds for licensure action in Section
				412.50.
				The complaint shall be confidential within OCWEL, the Board, ELRT and the OIG,
				unless otherwise ordered by a court or Administrative Law Judge of competent
				jurisdiction. ELRT shall review the complaint to determine whether the
				complaint meets the description of one or more of the grounds for licensure
				action in Section 412.50. If a majority determines that the complaint meets the
				description of one or more of the grounds for licensure action, the report
				shall be forwarded to the OIG for investigation.
b) Office of the Inspector General
1) Investigation
The OIG shall investigate formal complaints made to the Board
				regarding the actions of any person holding or applying for a license. The OIG
				may impound (pursuant to 89 Ill. Adm. Code
				431.130
				) and subpoena (pursuant to 20 ILCS 505/35.5 and 89 Ill. Adm. Code 430)
				documents relevant to an investigation authorized under this Part. The OIG will
				review documents and interview relevant persons to determine whether a licensed
				employee violated any of the provisions of this Part. If the OIG determines
				that licensure action is warranted, the OIG shall provide a Notice of
				Administrative Hearing pursuant to subsection (c), provided, however, that no
				adverse licensure action (other than preliminary suspension in accordance with
				Section
				412.90
				) can be made before the employee has been notified of the allegations in
				accordance with this Section and given an opportunity to
				respond.
2) Proposed Action
A) If, after an investigation, the OIG
			 determines that licensure action is inappropriate but that there is a basis for
			 disciplinary action, it shall proceed according to Section 35.5 of the Act. If
			 the investigation discloses possible criminal acts or violations of rules, the
			 OIG may also refer the investigative findings or the investigation to the
			 appropriate law enforcement or regulatory agency. If the OIG determines that
			 licensure action may be appropriate, the OIG will provide a Notice of
			 Administrative Hearing pursuant to subsection (c); provided, however, that no
			 adverse licensure action (other than preliminary suspension in accordance with
			 Section 412.90) can be made before the employee has been notified of the
			 allegations in accordance with this Section and given an opportunity to
			 respond.
B) If the investigation
			 does not provide a basis for adverse licensure action, disciplinary action or
			 referral to law enforcement or other regulatory enforcement, the OIG will
			 notify OCWEL, in writing, and the licensee if the licensee was informed of the
			 investigation. OCWEL will also inform any known child welfare employer of the
			 closure of the licensure investigation if the employer had been notified of the
			 investigation.