Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 510 - APPEALS AND HEARINGS › Section 510.10 - General Information

Current through Register Vol. 48, No. 28, July 12, 2024
General Provisions
a)
			 A grievant who is not satisfied with an action taken by DHS-DRS, or with the
			 failure of DHS-DRS to take action, is entitled to a hearing. A customer of the
			 Vocational Rehabilitation program may also request mediation.
b) Any and all notices and communications to
			 DHS-DRS made pursuant to this Part should be in writing. Nonwritten
			 communications will be accepted if the information required in subsection
			 (b)(6) of this Section is provided. All nonwritten communications shall be
			 documented by DHS-DRS.
c) A
			 grievant may appoint a representative in accordance with Section
			 510.40(e)(2),
			 who may exercise any right of the grievant on the grievant's behalf. A grievant
			 may only designate one representative at a time. The designation must be in
			 writing or on the record.
d) All
			 time periods related to communications arising under this Part commence on the
			 date of receipt (receipt is presumed 5 days after the date of postmark or on
			 the day of delivery for hand delivered items) or, if a nonwritten form of
			 communication, on the date of receipt.
e) A request for a hearing by any person not
			 a "grievant" cannot be heard by DHS-DRS pursuant to this Part.
f) The request for a hearing should include
			 the specific determination and the date of the determination or, if appealing
			 inaction, the date the action was requested, and specific identification of any
			 other matter that is being appealed, but if this information is not readily
			 available to the grievant, the grievant must supply sufficient information for
			 DHS-DRS to identify the specific action or inaction that is being
			 appealed.
g) Should a grievant
			 improperly request an appeal and other procedures for appeal are available,
			 DHS-DRS will advise the grievant of the proper appeal process.
h) Failure of a grievant to follow procedures
			 as set forth in this Part or failure to request an appeal within the specified
			 time frames found in Section
			 510.80
			 shall result in dismissal of the appeal except if the failure to follow
			 procedure was a result of DHS-DRS failure to provide required notice or
			 information.
i) After a request for
			 a hearing is filed, the grievant or DHS-DRS may initiate attempts to resolve
			 the grievance informally. The grievant and the appropriate DHS-DRS employee may
			 agree to resolve disputed issues, at any time during the appeals process, prior
			 to the issuance of the hearing decision. If prior to the hearing there is
			 mutual agreement on an issue under dispute, this will remove the need for a
			 hearing on that issue.
j) DHS-DRS,
			 and the Department of Healthcare and Family Services in the case of Home
			 Services Program (HSP) hearings, will assume all administrative costs of the
			 appeal (i.e., interpreters, pursuant to Section
			 510.40(b),
			 and record, pursuant to Section
			 510.80(e)
			 ) but will not assume costs personally incurred by the grievant because of the
			 proceeding (e.g., legal fees, travel, witness costs, and room and
			 board).