Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 598 - ALLIED HEALTH CARE PROFESSIONAL ASSISTANCE CODE › Subpart B - ALLIED HEALTH CARE PROFESSIONAL SCHOLARSHIPS › Section 598.150 - Grant Funds Recovery

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a
				grant recipient fails to comply with this Part or any 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 recipient.
b) If the Department
				believes that a grant should be suspended, revoked or recovered because of a
				grant recipient's failure to comply with this Part or the terms of the grant
				agreement, the recipient 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 recipient'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 recipient identifying the action to be taken and specific facts
				that permit the action. The recipient 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 recipient requests a hearing pursuant
				to subsection (c), the Department shall hold a hearing at which the recipient
				or the recipient's attorney is permitted to present evidence and witnesses to
				show why the recovery 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 recipient.
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 recipient breaches the grant agreement,
				fails to comply with the Act or administrative rules in 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
				recipient 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
				recipient 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 recipient's current or last known business address and with sufficient
				U.S. postage affixed.