reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 285 - CLAIM ELIGIBLE TO BE OFFSET › Section 285.1103 - Warrants Subject to Deduction

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as prohibited by federal statute,
			 federal regulation or State statute, the Comptroller shall deduct the amount
			 the Comptroller ascertains is due from any warrant payable to any person
			 against whom there exists an account or claim eligible to be offset.
b) This amount due may be deducted from any
			 warrant, whether or not the warrant originates from the same agency under which
			 the account or claim eligible to be offset arose.
c) If, however, the account or claim eligible
			 to be offset arises from a payroll transaction or other regular payment that is
			 likely to be followed regularly by similar transactions, the Comptroller may
			 deduct the account or claim eligible to be offset from the next regular
			 transaction involving the agency under which the account or claim
			 arose.
d) A settlement payment by
			 the State or any of its agencies to release any pending or potential claim
			 against the State is eligible to be offset.
e) The following are not eligible to be
			 offset:
1) A warrant, payment or transfer in
			 favor of the State of Illinois, or to any officer, board, commission or agency
			 created by the Constitution, whether in the executive, legislative or judicial
			 branch, but other than the circuit court;
2) Any officer, department, board, commission
			 or agency of the State government created by or pursuant to statute, other than
			 any unit of local government and its officers, school districts and boards of
			 election commissioners;
3) Any
			 administrative unit or corporate outgrowth of any of the entities listed in
			 subsections (e)(1) and (2) created by executive order of the
			 Governor.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 285 - CLAIM ELIGIBLE TO BE OFFSET › Section 285.1105 - Wage Deductions

Current through Register Vol. 48, No. 28, July 12, 2024
Section
				10.05 claims arising
				under this Part have priority over all wage deduction summonses. If the amount
				of money represented by the voucher against which the Comptroller is making an
				offset is subject to a wage deduction and is insufficient to satisfy the amount
				required to be offset, the Comptroller shall make an offset against any amounts
				that were deducted from that warrant.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 285 - CLAIM ELIGIBLE TO BE OFFSET › Section 285.1106 - Ascertaining the Amount Due and Payable to the State

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon processing a claim under Section
			 10.05 of the Act,
			 the Comptroller shall, as soon as is practicable, give notice in writing to the
			 person subject to the offset. The notice shall:
1) state that a request has been made
			 pursuant to Section
			 10.05 of the State
			 Comptroller Act to make an offset against any warrant on funds held by the
			 State Treasurer that is now or that may become payable to that
			 person;
2) identify the State
			 agency submitting the offset request and the reason for the request;
			 and
3) inform the person that, if
			 he or she does not owe any or all of the amount claimed to be due and payable
			 to the State, the person may, within 60 days after the Comptroller gives
			 notice, make a written protest as prescribed in subsection (b). The notice to
			 the person subject to the offset required by this subsection (a) shall be
			 deemed to have been given if the notice is enclosed in an envelope plainly
			 addressed to the person, United States postage fully prepaid, and deposited in
			 the United States mail. For purposes of this Section, the date "the Comptroller
			 gives notice" shall mean the date of withholding, as inidicated by the date on
			 the written notice sent to the person subject to offset.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 285 - CLAIM ELIGIBLE TO BE OFFSET › Section 285.1107 - Notification of the Comptroller's Exercise of Section 10.05

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever the Comptroller exercises his or her offset authority
				granted under the Act and this Part, the person subject to the offset and the
				agency that originated the voucher shall be sent a copy of the voucher against
				which the deduction was made, or a written statement containing all relevant
				information from the voucher. The written statement shall include the reason
				for the deduction and shall indicate the amount of money deducted. The person
				subject to the offset and the agency originating the voucher shall receive a
				copy of the written statement; however, the agency may waive its right to
				receive the written statement and the voucher. At the request of the State
				agency submitting the claim for offset, the Comptroller shall notify the State
				agency, by letter or other means, of the offset, including the amount of money
				deducted.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 285 - CLAIM ELIGIBLE TO BE OFFSET › Section 285.1108 - Record Retention

Current through Register Vol. 48, No. 28, July 12, 2024
The Comptroller shall retain a copy of the reason for the
				deduction in accordance with the State Records Act [5 ILCS 160 ] and the State
				Comptroller Act [15 ILCS 405 ].
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 285 - CLAIM ELIGIBLE TO BE OFFSET › Section 285.1109 - Accounting for Recovery

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever the Comptroller deducts an amount from a warrant under
				Section
				10.05 of the State
				Comptroller Act, the Comptroller shall charge the vouchering agency for the
				full amount of the voucher submitted. Recovery of the account or claim eligible
				to be offset will be handled in the following manner: if the account or claim
				eligible to be offset arose from an expenditure by a State agency and the
				appropriation to which the expenditure was charged has not lapsed, the amount
				recovered shall be credited to such appropriation as well as the fund from
				which the expenditure was made and shall be available for expenditure. If the
				appropriation to which the expenditure was charged has lapsed, or if the
				expenditure was not charged to an appropriation, the amount recovered shall be
				credited to the fund from which the expenditure was made and shall be available
				for expenditure unless such credit or availability is otherwise prohibited by
				law. If the account or claim eligible to be offset arose from an occurrence
				other than expenditure, the recovery shall be credited to the General Revenue
				Fund unless otherwise provided by law. Child support claims which are recovered
				will be turned over to the Department of Public Aid for distribution to those
				persons entitled to such claims.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 285 - CLAIM ELIGIBLE TO BE OFFSET › Section 285.1110 - Transition Period

Current through Register Vol. 48, No. 28, July 12, 2024
Beginning with the effective date of this Part, for all
				protests currently on file with the Comptroller, the Comptroller shall notify
				the State agency which has submitted the claim for offset, of the mandatory 90
				day response period and of the possibility of a 90 day extension of the
				response period. At the conclusion of the response period, the Comptroller
				shall make a determination of the amount due and payable to the State based on
				all of the information relating to the transaction in the possession of the
				Comptroller.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 290 - CONTRACT CONTENT › Section 290.1200 - Statutory Authority

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Ch. 15, par. 214
Forms of documents. The Comptroller may prescribe, and require
				the use by state agencies, of forms for all documents required by law in the
				performance of his duties or which he may reasonably require therefor. The
				Comptroller may prescribe by rule the general nature of information to be
				contained in contracts required to be filed with him under Sections 11 and 15
				of this Act.
b) Ch. 15,
			 par. 221
The Comptroller shall promulgate rules and regulations to
				implement the exercise of his powers and performance of his duties under this
				Act and to guide and assist State agencies in complying with this Act. Any rule
				or regulation specifically requiring the approval of the State Treasurer under
				this Act for adoption by the Comptroller shall require the approval of the
				State Treasurer for modification or repeal.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 290 - CONTRACT CONTENT › Section 290.1201 - Application

Current through Register Vol. 48, No. 28, July 12, 2024
This Article does not presently apply to agreements paid from
				the "award and grant" (Comptroller's Uniform Statewide Accounting System -
				CUSAS - Common Object 4400) line items. It is, however, recommended that
				agencies follow these guidelines in drafting grant
				agreements.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 290 - CONTRACT CONTENT › Section 290.1202 - Classifications

Current through Register Vol. 48, No. 28, July 12, 2024
For the purposes of this part contracts and agreements shall be
				classified as follows:
a) Contracts
			 for professional or artistic services which are subject to Section 9.01 of the
			 Illinois Purchasing Act (Ill. Rev. Stat. 1979, ch. 127, par. 132,9a)
			 (hereinafter contracts for professional or artistic services, or P/A
			 contracts).
b) Leases for real
			 property.
c) Leases or other rental
			 agreements for personal property.
d) Construction Contracts.
e) Contracts with other governmental
			 agencies.
f) Purchase
			 Orders.
g) Amendments,
			 modifications and renewals.
h)
			 Other Contracts.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 290 - CONTRACT CONTENT › Section 290.1203 - Requirements for all Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
a) Agreements required to be filed with the
			 Comptroller under Section 11 or Section 15 of the State Comptroller Act (Ill.
			 Rev. Stat. 1987, ch. 15, pars. 211 and 215) must meet the criteria set forth in
			 this Article. In general, a two party signed agreement must be filed for all
			 expenditures exceeding $5,000 in a fiscal year, except for:
1) contracts paid from personal services,
			 or
2) contracts between the State
			 and its employees to defer compensation pursuant to Article 24 of the Illinois
			 Pension Code (Ill. Rev. Stat. 1987, ch. 1111/2, par. 24-101 et seq.).
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 290 - CONTRACT CONTENT › Section 290.1204 - Contracts for Professional or Artistic Services

Current through Register Vol. 48, No. 28, July 12, 2024
a) Definition
1) Professional or artistic services may be
			 defined as services rendered by an individual or firm contractually hired by an
			 agency because of their expertise in a given field. An essential element is
			 trust in the ability and talent of the person performing the services.
			 Contracts for manual skills are not included.
2) Examples of professional or artistic
			 services are set forth in CUSAS (Comptroller's Uniform Statewide Accounting
			 System) Procedure
			 15.20.70 type code
			 21.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 290 - CONTRACT CONTENT › Section 290.1205 - Leases for Real Property

Current through Register Vol. 48, No. 28, July 12, 2024
a) Definition. This category includes all
			 agreements for the rental of real property.
b) In addition to complying with Section
			 290.1203,
			 leases for real property must contain:
1)
			 Lessor's name and address.
2)
			 Leasing agency's name.
3)
			 Description and location of property (address).
4) Beginning and ending dates of
			 lease.
5) Monthly and annual rental
			 amount, where applicable.
6)
			 Disclosure of identity of owners, trust beneficiaries, and shareholders
			 entitled to receive more than 71/2% of the total distributable income of any
			 corporation having an interest in such property, where required by Section 3.1
			 of "AN ACT to prevent fraudulent and corrupt practices in the making or
			 accepting of official appointments and contracts by public officers" (Ill. Rev.
			 Stat. 1987, ch. 102, par. 3.1). Suggested language is set forth
			 below:
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 290 - CONTRACT CONTENT › Section 290.1206 - Leases for Personal Property (See Note at end of this Section)

Current through Register Vol. 48, No. 28, July 12, 2024
a) Definition.
			 Included are agreements for the rental of personal property.
b) In addition to complying with the
			 requirements of Section
			 290.1203,
			 leases for personal property must contain:
1)
			 Lessor's name and address.
2)
			 Leasing Agency's name.
3) Beginning
			 and ending dates of agreement.
4)
			 Description of personal property (where applicable, serial numbers should be
			 included).
5) Monthly and annual
			 payment amounts, where applicable.
6) Where the agreement is for more than one
			 fiscal year, a subject to appropriation clause.
7) Signature of lessor and authorized agency
			 representative.
8) Maximum or
			 estimated amount to be paid, where applicable. (See Section
			 290.1203(e)
			  ).
9) Execution date. (See Section
			 290.1203(c)
			  ).
10) Bribery clause certification. (See
			 Section
			 290.1203(b)
			  ).
11) For multi-year agreements, the Governor's
			 approval, where required by Section 35.7 b, of the Civil Administrative Code of
			 Illinois (Ill. Rev. Stat. 1987, ch. 127, par. 35.7b).
12) The maximum or estimated annual amount,
			 where subject to calculation.
13)
			 Federal Taxpayer Identification Number and legal status disclosure
			 certification (See Section 290 Appendix B (16)).
14) Bid-rigging/bid rotating certification,
			 where applicable (See Section
			 290.1203(k)
			  ).
15) Educational loan certification (See
			 Section
			 290.1203(l)
			  ).
16) Such other provisions as may be
			 specifically required by law.
17)
			 Any other information deemed necessary or advisable by the agency or the
			 Attorney General.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 290 - CONTRACT CONTENT › Section 290.1207 - Construction Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 This category includes contracts for permanent improvements, highway and
			 waterway construction, and similar construction.
b) In addition to complying with Section
			 290.1203,
			 construction contracts must contain:
1)
			 Vendor name and address.
2) Agency
			 name.
3) Description of
			 services.
4) Location(s) where
			 services are to be performed, where applicable.
5) Contract time.
6) Contract sum.
7) Payment schedule.
8) Bribery clause certification. (See Section
			 290.1203(b)
			  ).
9) Execution date. (See Section
			 290.1203(c)
			  ).
10) Signatures of contractors and authorized
			 agency representative.
11) Federal
			 Taxpayer Identification Number and legal status disclosure certification (See
			 Section 290.Appendix B (16)).
12)
			 Bid-rigging/bid rotating certification, where applicable (See Section
			 290.1203(k)
			  ).
13) Educational loan certification (See
			 Section
			 290.1203(l)
			  ).
14) Such other provisions as may be
			 specifically required by law.
15)
			 Any other information deemed necessary or advisable by the agency or the
			 Attorney General.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 290 - CONTRACT CONTENT › Section 290.1208 - Contracts with Governmental Agencies

Current through Register Vol. 48, No. 28, July 12, 2024
a) Definition. This category includes
			 contracts with other state agencies, units of local government and the federal
			 government.
b) Contracts with
			 governmental agencies must contain:
1) Name of
			 governmental agency.
2) Name of
			 contracting agency.
3) Description
			 of services.
4) Maximum or
			 estimated amount to be paid, where applicable. (See Section
			 290.1203(e)
			  ).
5) The contract term where
			 applicable.
6) Payment rates, where
			 applicable.
7) Execution date. (See
			 Section
			 290.1203(c)
			  ).
8) Signatures of authorized agency
			 representatives.
9) Such other
			 provisions as may be specifically required by law.
10) Any other information deemed necessary or
			 advisable by the agency or the Attorney General.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 290 - CONTRACT CONTENT › Section 290.1209 - Purchase Orders and Similar Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a) Definition
1) This category is limited to documents
			 involving the purchase of tangible personal property. Purchase orders as that
			 term is here defined may be only used for payments from the electronic data
			 processing, commodities, telecommunications, printing, equipment, operation of
			 automotive equipment, or lump sum line items.
2) The fact that an agency labels a document
			 a purchase order does not exempt it from meeting the criteria set forth in the
			 applicable Sections
			 290.1204
			 through
			 290.1208,
			 if the document pertains to a transaction that is generally evidenced by a
			 contract or lease.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 290 - CONTRACT CONTENT › Section 290.1210 - Renewals, Amendments or Cancellations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Renewals, amendments or cancellations must
			 be signed two-party agreements, unless otherwise provided in the original
			 contract. For example, if an existing contract is to be renewed for the next
			 fiscal year, the renewal must be in writing and signed by both parties, unless
			 the contract gives the State the right to renew unilaterally. All renewals,
			 amendments or cancellations must be filed with the Comptroller.
b) All individuals employed by the State who
			 are authorized by the State to approve changes to public contracts must, before
			 granting such approval, obtain a determination in writing by the chief
			 executive officer or his designee, of the State agency on whose behalf the
			 contract was signed, that the circumstances said to necessitate the change in
			 performance were not reasonably foreseeable at the time the contract was
			 signed, were not within the contemplation of the contract as signed or are in
			 the best interests of the unit of State or local government and authorized by
			 law. Such written determination shall be preserved in such contract's permanent
			 file maintained by the State agency which shall be open to the public for
			 inspection. This provision shall only apply to change orders which authorize or
			 necessitate an increase or decrease in either the cost of a public contract by
			 $10,000 or more or the time of completion by 30 days or more. For the purposes
			 of this Section "public contract" means a contract for goods, services or
			 construction with a vendor other than a unit of State or local
			 government.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 290 - CONTRACT CONTENT › Section 290.1211 - Other Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Definition. This category includes contracts not listed above.
b) In addition to complying with Section
			 290.1203,
			 contracts must contain:
1) Vendor name and
			 address.
2) Agency name.
3) Description of services.
4) The contract term, where
			 applicable.
5) Location at which
			 services are to be performed, where applicable.
6) Maximum or estimated amount to be paid,
			 where applicable. (See Section
			 290.1203(e)
			  ).
7) Payment rates, where applicable (if terms
			 are "current rates" then the rate schedule must be attached where
			 feasible).
8) Signature of vendor
			 and authorized agency representative.
9) Execution date. (See Section
			 290.1203(c)
			  ).
10) Bribery clause certification. (See
			 Section
			 290.1203(b)
			  ).
11) Federal Taxpayer Identification Number
			 and legal status disclosure certification (See Section 290.Appendix B
			 (16)).
12) Bid-rigging/bid rotating
			 certification, where applicable (See Section
			 290.1203(k)
			  ).
13) Educational loan certification (See
			 Section
			 290.1203(l)
			  ).
14) Such other provisions as may be
			 specifically required by law.
15)
			 Any other information deemed necessary or advisable by the agency or the
			 Attorney General.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 290 - CONTRACT CONTENT › Section 290.1212 - Enforcement

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever Section 9.01 of the Illinois Purchasing Act (Ill. Rev.
				Stat. 1979, ch. 127, par. 132.9 a), Section 15 of the State Comptroller Act, or
				Section 9 of the State Finance Act (Ill. Rev. Stat. 1979, ch. 127, par. 145)
				requires a contract or lease to be filed with the Comptroller, and such
				contract or lease is not in substantial compliance with Sections
				290.1203
				through
				290.1211 of this
				part, the Comptroller shall refuse to issue any warrant for payment
				thereunder.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 295 - PAYMENTS REMITTED ON BEHALF OF A PENSION FUND › Section 295.100 - Foreward

Current through Register Vol. 48, No. 28, July 12, 2024
This Part is adopted for the purpose of establishing procedures
				for remitting certified amounts delinquent to claimants in accordance with
				Articles 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 22 of the Illinois Pension
				Code.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 295 - PAYMENTS REMITTED ON BEHALF OF A PENSION FUND › Section 295.200 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
As used in this Part, unless the context indicates otherwise,
				the following terms shall have the meanings specified:
"Act" means the "State Comptroller Act" [ 15 ILCS 405 ].
"Applicable Sections of the Code" means Code Sections 3-125,
				4-118, 5-168, 6-165, 7-172.1, 8-173, 9-184.5, 10-107.5, 11-169, 12-149.5,
				13-503.5 and 22-104.
"Certified Amount Delinquent" means the amount of delinquent
				payments certified by a claimant pursuant to applicable Sections of the Code
				and this Part.
"Chief Executive Officer" means the President of the Board of
				Trustees of the fund or retirement plan.
"Claimant" means a pension fund or retirement plan authorized
				by the Code (i.e., Chicago and downstate police, firefighters and municipal
				employees, Cook County employees, and various other local government employees)
				to certify amounts delinquent and claim remittance under applicable Sections of
				the Code.
"Claim Eligible to be Remitted" means an amount authorized by
				applicable Sections of the Code to be remitted by the Comptroller that
				represents fund contributions certified by a claimant as delinquent.
"Code" means the Illinois Pension Code [ 40 ILCS 5 ].
"Comptroller" means the Comptroller of the State of Illinois or
				any employee of the Office of the Comptroller authorized by the Comptroller to
				perform the functions and duties required by the Act, the Code or this
				Part.
"Gross Amount of the Warrant" means that amount of money for
				which a State agency has authorized the Comptroller to order the
				payment.
"Payee" means any person who will receive payment in the form
				of a warrant from the Comptroller, as identified by the Government Unit Code or
				Federal Employer's Identification Number (FEIN) within a statement of
				notification under Section
				295.300.
"Payee Subject to the Remittance" means the payee of any
				warrant from which the Comptroller has reduced a claim eligible to be
				remitted.
"Person" means any individual, corporation, company,
				association, firm, partnership, society, joint stock company, unit of local
				government or any other organization.
"Received a Voucher" means that point in time when the
				Comptroller has physically received the voucher in-house and has date-stamped
				the voucher.
"Remittance" means a contrary claim or demand by which a given
				person's claim to a warrant of the Comptroller may be lessened or
				cancelled.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 295 - PAYMENTS REMITTED ON BEHALF OF A PENSION FUND › Section 295.300 - Notification of a Fund's Claim Under Applicable Sections of the Code

Current through Register Vol. 48, No. 28, July 12, 2024
a) The following
			 private and professional association standards are incorporated in this Part.
1) National Fire Protection Association
			 (NFPA) Standard No. 101: Life Safety Code, Chapter 32, New Residential Board
			 and Care Occupancies (2000), which may be obtained from the National Fire
			 Protection Association, 1 Batterymarch Park, Quincy, Massachusetts
			 02169.
2) American Psychiatric
			 Association, Diagnostic and Statistical Manual of Mental Disorders, Fourth
			 Edition (DSM-IV) (1994), which may be obtained from the American Psychiatric
			 Association, 1000 Wilson Blvd., Suite 1825, Arlington, Virginia
			 22209.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 295 - PAYMENTS REMITTED ON BEHALF OF A PENSION FUND › Section 295.400 - Warrants Subject to Remittance

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as prohibited by federal statute,
			 federal regulation or State statute, the Comptroller shall remit the amount the
			 claimant certifies as delinquent from any warrant payable to the payee subject
			 to remittance. Warrants subject to remittance are either:
1) from proportions of payments of State
			 funds to the payee, when the claim is made pursuant to Code Section 3-125,
			 4-118, 7-172.1, 9-184.5, 10-107.5, 12-149.5, 13-503.5, or 22-104; or
2) from proportions of grants of State funds
			 to the payee, when the claim is made pursuant to Code Section 5-168, 6-165,
			 8-173, or 11-169.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 295 - PAYMENTS REMITTED ON BEHALF OF A PENSION FUND › Section 295.500 - Processing a Certification Under Applicable Sections of the Code

Current through Register Vol. 48, No. 28, July 12, 2024
This Section governs the processing of a certification under
				applicable Sections of the Code.
a)
			 Before making a remittance, the Comptroller shall review the statement of
			 notification provided by the claimant notifying the Comptroller of the
			 certified amounts delinquent.
b)
			 The Comptroller shall charge the State agency that submits a voucher against
			 which a remittance is applied for the eligible amount of the voucher submitted.
			 The Comptroller shall draw a warrant on the treasury or on other funds held by
			 the State Treasurer in the amount of the claim eligible to be remitted and
			 deposit that warrant into the State Offset Claims Fund. The State Offset Claims
			 Fund is a trust fund established and administered by the Comptroller for the
			 deposit of monies from a person's warrant pursuant to an offset and the
			 subsequent payment of monies back to either the State agency requesting the
			 offset or the original payee. The State Offset Claims Fund shall be used for
			 the Comptroller's deposit of monies back to either the payee subject to the
			 remittance or the claimant. If, after 60 days have elapsed from the date the
			 Comptroller gives notice of the remittance as prescribed in Section
			 295.600(a),
			 no protest is made by the payee subject to the remittance, the Comptroller
			 shall issue a warrant on the State Offset Claims Fund for the amount of that
			 deposit to the claimant entitled to the remittance. If a protest conforming to
			 the requirements of Section
			 295.600(b)
			 is made, the Comptroller shall not issue the warrant to the claimant until the
			 Comptroller ascertains the amount due and payable as provided in Section
			 295.600(c).
c) If the Comptroller receives a proper
			 statement of notification for a remittance after he or she has drawn a warrant,
			 the Comptroller shall, if feasible, reprocess the warrant in order that the
			 remittance provided for in this Part may be implemented.
d) If the amount of the claim eligible to be
			 remitted is less than the amount to which the payee is entitled, the
			 Comptroller shall draw a warrant for the balance of the amount of the voucher
			 against which the Comptroller has made the remittance and shall issue that
			 warrant to the payee subject to the remittance.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 295 - PAYMENTS REMITTED ON BEHALF OF A PENSION FUND › Section 295.600 - Ascertaining the Amount Due and Payable to the Claimant

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon processing a claim eligible to be
			 remitted, the Comptroller shall, as soon as is practicable, give notice in
			 writing to the payee subject to remittance. The notice shall:
1) state that a claimant has certified
			 amounts delinquent and claims remittance under applicable Sections of the Code
			 against a warrant on funds held by the State Treasurer that is now or that may
			 become payable to the payee subject to remittance;
2) identify the claimant seeking remittance
			 and the reason for the remittance; and
3) inform the payee that, if he or she does
			 not owe any or all of the amount claimed to be due and payable to the claimant,
			 the payee may, within 60 days after the Comptroller gives notice, make a
			 written protest as prescribed in subsection (b). The notice to the payee shall
			 be deemed to have been given if the notice is enclosed in a envelope plainly
			 addressed to the payee, United States postage fully prepaid, and deposited in
			 the United States mail. For purposes of this Section, the date "the Comptroller
			 gives notice" shall mean the date of withholding, as indicated by the date on
			 the written notice sent to the person subject to offset.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 295 - PAYMENTS REMITTED ON BEHALF OF A PENSION FUND › Section 295.700 - Notification of the Comptroller's Exercise of Remittance

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever the Comptroller exercises her or his authority under
				the applicable sections of the Code and this Part, the payee subject to
				remittance and the agency that originated the voucher shall be sent a copy of
				the voucher against which the remittance was made, or a written statement
				obtaining all relevant information from the voucher. The written statement
				shall include the reason for the remittance and shall indicate the amount of
				money deducted. The payee subject to remittance and the agency originating the
				voucher shall receive a copy of the written statement; however, the agency may
				waive its right to receive the written statement and the voucher. At the
				request of the claimant, the Comptroller shall notify the State agency, by
				letter or other means, of the remittance, including the amount of money
				remitted.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 295 - PAYMENTS REMITTED ON BEHALF OF A PENSION FUND › Section 295.800 - Record Retention

Current through Register Vol. 48, No. 28, July 12, 2024
The Comptroller shall retain a copy of the statement of
				notification prescribed in Section
				295.600
				in accordance with the State Records Act [ 5 ILCS 160 ] and the State
				Comptroller Act [ 15 ILCS 405 ].
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 300 - JOINT RULES OF THE TREASURER AND THE COMPTROLLER: EXTENSIONS OF TIME FOR THE DEPOSIT OF FUNDS INTO THE STATE TREASURY

Current through Register Vol. 48, No. 28, July 12, 2024
This Part is a joint rule of the Treasurer and the Comptroller.
				The text of the Part appears at 74 Ill. Adm. Code
				700.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 310 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 310.10 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Part shall apply to hearings conducted under the
				jurisdiction of the Comptroller, in accordance with the Cemetery Care Act [760
				ILCS 100], the Illinois Funeral or Burial Funds Act [225 ILCS 45], the Illinois
				Pre-Needs Sales Act [815 ILCS 390], and the Crematory Regulation Act [410 ILCS
				18].
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 310 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 310.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The definitions below have the following meanings:
"Comptroller" means the Comptroller of the State of
				Illinois.
"Contested Case" means an adjudicatory proceeding in
				which the individual legal rights, duties or privileges of a party are required
				by law to be determined by
the Office of the Comptroller
only
				after an opportunity for a hearing.
[5
				ILCS 100/1-30]
"Department" means any Department within the Office of the
				Comptroller.
"Director" means the Director of the Department or duly
				appointed Acting Director, or, in the Director's absence from the State or in
				any event of the Director's incapacity to act, the Director's next immediate
				subordinate officer within the Department.
"Hearing" means any hearing of a contested case authorized to
				be held by the Comptroller.
"Hearing Officer" means the presiding officer at the initial
				hearing and each continuation of that hearing.
"Licensee" means any holder of a license issued by the
				Comptroller or any applicant for a license.
"Licensing" includes the
Office of the
				Comptroller
process respecting the grant, denial, renewal, revocation,
				suspension, annulment, withdrawal, or amendment of a license.
[5 ILCS
				100/140]
"Order" means an
Office of the Comptroller
action of particular applicability that determines the legal rights,
				duties, privileges, immunities, or other legal interests of one or more
				specific persons.
[5 ILCS
				100/1-50]
"Party" means each person or
entity
named or admitted as a party or properly seeking and entitled as of
				right to be admitted as a party.
[5 ILCS
				100/1-55]
"Person" means any individual, partnership,
				corporation, association, or public or private organization of any
				character.
[5 ILCS
				100/1-60]
"Petitioner" is a party who, by written petition or
				application, seeks relief or licensure under any provision of the Statutes of
				the State of Illinois or any rule, order or determination of the
				Comptroller.
"Respondent" is a person, firm, association or corporation
				against whom a complaint or petition is filed or to whom an order or complaint
				is directed by the Comptroller initiating a proceeding.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 310 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 310.30 - Institution of a Contested Case by the Department

Current through Register Vol. 48, No. 28, July 12, 2024
a) A contested case is instituted by the
			 Department when a Complaint and notice are:
1) deposited with the U.S. Postal Service by
			 regular, certified or registered mail, postage prepaid, addressed to the
			 licensee's last known address;
2)
			 or delivered to the licensee by personal service.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 310 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 310.40 - Institution of a Contested Case by Petitioner

Current through Register Vol. 48, No. 28, July 12, 2024
a) A contested case is instituted by a
			 petitioner when a Petition for Hearing is mailed to the Comptroller, Attention:
			 Legal Department.
b) In a case in
			 which a petitioner is seeking restoration of a license that was revoked or
			 suspended, the Petition for Hearing shall be in writing, signed by the
			 petitioner, and shall set forth:
1) The
			 number of the certificate that was suspended or revoked;
2) The docket number of the case;
3) The date on which the suspension or
			 revocation was ordered;
4) Whether
			 an order has been entered appointing a Receiver and, if so, whether that order
			 has been appealed;
5) Whether the
			 order that suspended or revoked the license was appealed and, if so, whether a
			 stay of the imposition of the Comptroller's order was granted by any reviewing
			 court;
6) All dates and types of
			 employment held since the date of the Comptroller's order;
7) Any arrests or convictions since the date
			 of the Comptroller's order; and
8)
			 Date and disposition of any other petitions for restoration filed since the
			 date of the Comptroller's order.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 310 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 310.50 - Joinder

Current through Register Vol. 48, No. 28, July 12, 2024
In the interest of the efficient disposition of related cases,
				the Comptroller may join cases relating to multiple licensees or petitioners
				without regard to whether the cases relate to the same license or licensed
				activity so long as the cases involve issues of law or fact which are common to
				the parties pursuant to the standards adopted under Section 2-404 of the Code
				of Civil Procedure. The respondent may contest the decision to join cases by
				filing a motion pursuant to Section
				310.210
				of this Part.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 310 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 310.60 - Form of Papers

Current through Register Vol. 48, No. 28, July 12, 2024
All papers filed or submitted to the Department or the
				Comptroller in a contested case shall be typewritten, on 81/2 by 11 inch white
				paper. The first page of each document shall set forth the names of the parties
				and the docket number assigned to the case by the Comptroller. Petitions for
				Hearing which are filed before a docket number is assigned shall contain a
				space for entry of the assigned number.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 310 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 310.70 - Service

Current through Register Vol. 48, No. 28, July 12, 2024
a) Service of any
			 document may be by mail or by personal delivery. Proof of service will be
			 attached to the original of any document served. In the absence of evidence to
			 the contrary, the date shown on the proof of service shall be deemed the date
			 of service.
b) Service on the
			 Comptroller, Director, or on the Department, is made by service on the
			 Comptroller or Director, at the Chicago headquarters, or at the Springfield
			 headquarters.
c) Service of any
			 document as provided in the above paragraph will include at least three copies
			 of the documents served.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 310 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 310.80 - Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notice shall
			 include:
1) A statement of the time, place
			 and nature of the hearing;
2) A
			 statement of the legal authority and jurisdiction under which the hearing is
			 held;
3)
Except where a
			 more detailed statement is otherwise provided for by law, a short and plain
			 statement of the matters asserted, the consequences of a failure to respond,
			 and the official file or other reference number.
[5 ILCS
			 100/10-25(a)(4)]
4)
The names and mailing addresses of
			 the hearing officer, all parties, and all other persons to whom the
Office of the Comptroller
gives notice, unless otherwise confidential
			 by law.
[5 ILCS
			 100/10-25(a)(5)]
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 310 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 310.90 - Prehearing Negotiations

Current through Register Vol. 48, No. 28, July 12, 2024
The Department and the Respondent may stipulate to facts and
				may agree to enter written orders conditioned upon the Comptroller's
				acceptance. The signature of the Comptroller shall signify consent to the
				agreement. The signed agreement shall be considered the Conclusions of Law and
				Findings of Fact. If the Comptroller rejects the agreement, the Respondent
				shall be entitled to a hearing on the merits.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 310 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 310.100 - Representation

Current through Register Vol. 48, No. 28, July 12, 2024
a) A party may be
			 represented by an attorney who is licensed in Illinois. Attorneys who appear in
			 a representative capacity must file written notice of appearance setting forth:
1) The name, address and telephone number of
			 the attorney;
2) The name and
			 address of the party represented; and
3) An affirmative statement indicating that
			 the attorney is licensed in Illinois.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 310 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 310.110 - Failure to Appear

Current through Register Vol. 48, No. 28, July 12, 2024
Failure to appear at the time and place set for hearing shall
				be deemed a waiver of the right to present evidence. After presentation by the
				Department of an offer of proof that the licensee was given proper notice, the
				Comptroller shall enter an order or the hearing officer shall make its
				recommendation. When a petitioner fails to appear, the Petition for Hearing
				shall be dismissed.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 310 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 310.120 - Amendment, Withdrawal of Complaints and Petitions for Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The complaint
			 may be amended at any time. An amended Complaint may be filed in the same
			 manner as a Complaint, or it may be presented to the Comptroller or hearing
			 officer during the course of the hearing. A continuance shall be granted
			 whenever the amendment materially alters the Complaint, and when the licensee
			 demonstrates that he or she would otherwise be unable to properly prepare an
			 Answer to the Amended Complaint or prepare his or her case. "Materially
			 altered" means the addition of a new issue of law or allegation of fact that
			 may affect the decision to which the party has not had an opportunity to
			 respond. Continuances will be granted for no more than 30 days.
b) A Complaint or Petition for Hearing may be
			 withdrawn at any time prior to the hearing by the party who initiated it. After
			 a hearing has begun, a Complaint may be withdrawn only upon written notice to
			 the Comptroller or hearing officer.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 310 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 310.130 - Requirement of an Answer

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
			 all contested cases instituted by the Department, the licensee shall file an
			 Answer within 10 days after the date on which the Complaint was filed. The
			 Answer shall be in writing, signed by the licensee or his or her
			 representative, and shall contain a specific response to each allegation in the
			 Complaint. The response shall either admit or deny the allegation, or shall
			 state that the licensee has insufficient information to admit or deny the
			 allegation.
b) Any Answer that
			 states that the licensee has insufficient information to admit or deny the
			 allegation shall be accompanied by an affidavit attesting to the truth of this
			 assertion.
c) On motion by the
			 Department, the Comptroller or hearing officer will cause to be issued a notice
			 to plead or be held in default. If, within 15 days after issuance of the
			 notice, the Respondent does not answer or otherwise file a responsive Pleading,
			 the Respondent will be held in default.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 310 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 310.140 - Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
a) Discovery shall
			 not be the subject of motions presented to the Comptroller or hearing officer,
			 except when a motion is made alleging failure to comply with this provision,
			 and requesting relief in the form of dismissal of the case, or recommendation
			 to the Comptroller based on the pleadings without a hearing.
b) Upon written request served on the
			 opposing party, any party shall be entitled to:
1) The name and address of any witness who
			 may be called to testify;
2) Copies
			 of any document which may be offered as evidence; and
3) A description of any other evidence which
			 may be offered.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 310 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 310.150 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Comptroller
			 will issue subpoenas for the attendance of witnesses or production of books,
			 records, documents or other evidence.
b) Any licensee or petitioner seeking
			 issuance of a subpoena shall apply in writing to the Comptroller, setting forth
			 facts that purport to demonstrate that the subpoena is relevant to the disputed
			 matter and is required. Upon refusal by the Comptroller to issue any subpoena,
			 the licensee will be entitled to a hearing before the Comptroller or hearing
			 officer, to be conducted as a matter of record.
c) Service of subpoenas shall be as provided
			 in
			 735 ILCS 5/2-1101
			 (Illinois Code of Civil Procedure). Payment of witness fees and expenses shall
			 be as provided in the Illinois Circuit Courts Act.
			 705 ILCS 35/4.3 (the
			 Illlinois Circuit Courts Act).
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 310 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 310.160 - Prehearing Conference

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 After a case is instituted, upon the written motion of either party, or on his
			 or her own motion, the Comptroller or the hearing officer shall direct the
			 parties to attend a prehearing conference. The prehearing conference may be
			 conducted by telephone at the discretion of the hearing officer.
b) Unless waived by the parties, the
			 conference will be conducted as a matter of record. Participation by the
			 Director, the Comptroller or a hearing officer will not affect his or her
			 rights to participate in a subsequent hearing on the matter.
c) The purposes of the conference include:
1) Simplification of issues;
2) Limitation of issues;
3) Negotiating admissions or
			 stipulations;
4) Limitation of
			 witnesses or evidence;
5) Exchange
			 of exhibits; or
6) Discussion of
			 any other matter that may aid in efficient disposition of the case.