Illinois Administrative Code

Section 265.803 Warrants In cases of the above actions, the Comptroller may refuse to issue a warrant or warrants until such time as his questions concerning the propriety and legality of the expenditure(s) have been resolved.

Section 270.900 Statutory Authority This rule is promulgated to implement the powers of the Comptroller under Sections 9 and 14 of the State Comptroller Act (Ill. Rev. Stat., 1979, ch. 15, pars. 209 and 214).

Section 270.901 Certification a) Each voucher submitted by an agency subject to the reporting requirements of Section 5.1 of "An Act to create a Bureau of the Budget and to define its powers and duties and to make an appropriation," approved April 16, 1969, as now or hereafter am…

Section 275.10 Transfers Between Accounts within a Fund Held by the State Treasurer a) For purposes of this Part, the term "transfer" is defined to be a financial transaction that results in the recording of a payment from an expenditure account and a deposit to a receipt account…

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 b…

Section 285.1100 Foreword This Part is adopted for the purpose of establishing procedures for making offsets of claims eligible to be offset from warrants to be issued to persons entitled to them, in accordance with Section 10.05 of the State Comptroller Act [15 ILCS 405/10.05] a…

Section 285.1101 Definitions As used in this Part unless the context indicates otherwise, the following terms shall have the meanings specified: "Account or claim eligible to be offset" means an amount owed to the State or to any of its agencies or instrumentalities or other amou…

Section 285.1102 Request for Processing a Claim Under Section 10.05 of the Act a) All debts that exceed $250 and are more than one year past due shall be placed in the Comptroller's Offset System unless: 1) the State agency to which the debt is owed has entered into a deferred pa…

Section 285.1103 Warrants Subject to Deduction 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…

Section 285.1104 Processing a Claim Under Section 10.05 The following provisions shall govern the processing of a claim under Section 10.05 of the Act: a) Before making an offset, the Comptroller shall review the information provided by the State agency notifying the Comptroller …

Section 285.1105 Wage Deductions

Section 285.1106 Ascertaining the Amount Due and Payable to the State 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…

Section 285.1107 Notification of the Comptroller's Exercise of Section 10.05 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…

Section 285.1108 Record Retention 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]. (Source: Amended at 37 Ill. Reg. 15376, effective September 9, 2013)

Section 285.1109 Accounting for Recovery 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 e…

Section 285.1110 Transition Period 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 p…

Section 290.1200 Statutory Authority 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 Comptrol…

Section 290.1201 Application 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 draft…

Section 290.1202 Classifications 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)…

Section 290.1203 Requirements for all Contracts 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 tw…

Section 290.1204 Contracts for Professional or Artistic Services 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 t…

Section 290.1205 Leases for Real Property 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) Des…

Section 290.1206 Leases for Personal Property (See Note at end of this Section) 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'…

Section 290.1207 Construction Contracts 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.…

Section 290.1208 Contracts with Governmental Agencies 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 …

Section 290.1209 Purchase Orders and Similar Documents 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, comm…

Section 290.1210 Renewals, Amendments or Cancellations 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 mus…

Section 290.1211 Other Contracts 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 applic…

Section 290.1212 Enforcement Whenever Section 9.01 of the Illinois Purchasing Act (Ill. Rev. Stat. 1979, ch. 127, par. 132.9a), 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…

Section 290.APPENDIX B Contract Format A sample contract format is set forth below. This is for purposes of illustration only. STATE OF ILLINOIS DEPARTMENT OF CONTRACT This contract, made and entered by and between the State of Illinois, Department of ______________________(Divis…

Section 295.100 Foreward 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.

Section 295.200 Definitions 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…

Section 295.300 Notification of a Fund's Claim Under Applicable Sections of the Code a) A claimant seeking remittance under applicable Sections of the Code shall notify the Comptroller in accordance with this Section. b) The Comptroller will not process a remittance under applica…

Section 295.400 Warrants Subject to Remittance 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 subjec…

Section 295.500 Processing a Certification Under Applicable Sections of the Code 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…

Section 295.600 Ascertaining the Amount Due and Payable to the Claimant 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 …

Section 295.700 Notification of the Comptroller's Exercise of Remittance 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 cop…

Section 295.800 Record Retention 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].

Section 310.10 Applicability 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], an…

Section 310.100 Representation 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 …

Section 310.110 Failure to Appear 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…

Section 310.120 Amendment, Withdrawal of Complaints and Petitions for Hearing 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 he…

Section 310.130 Requirement of an Answer 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, …

Section 310.140 Discovery 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 t…

Section 310.150 Subpoenas 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 fa…

Section 310.160 Prehearing Conference 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…

Section 310.170 Hearings The sequence to be followed for all contested cases is as follows: a) Preliminary Hearing. The preliminary hearing may be conducted by telephone at the discretion of the hearing officer. The purpose is to set a date on which all parties expect to be prepa…

Section 310.180 Hearing Officers a) In any contested case, the Comptroller may employ any attorney licensed to practice in Illinois to serve as hearing officer. The hearing officer may be empowered to conduct the hearing, administer oaths, question witnesses, make rulings on moti…

Section 310.190 Burden of Proof a) The burden of proof rests with the Department in all cases instituted by the Department by the filing of a Complaint. A recommendation for an order may be made by the hearing officer or an order entered by the Comptroller only when the Departmen…

Section 310.20 Definitions 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 …