Illinois Administrative Code

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 …

Section 310.200 Documents a) Business records shall be admissible. A business record is: 1) Relevant; 2) A memorandum, report, record or data compilation; 3) Made by a person with first-hand knowledge of the facts; 4) Made at or near the time of the facts; 5) Made as part of the …

Section 310.210 Motions a) Motions will be made in writing, unless the Comptroller or hearing officer finds that oral motions would expedite the hearing and not interfere with the parties' presentation of their case. Motions are limited to the following: 1) To request dismissal o…

Section 310.220 Evidence a) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. Except as otherwise provided in this Section, the rules of evidence and privilege as applied in civil cases in the circuit courts of this State shall be followed. Evidence not ad…

Section 310.230 Adverse Witness a) Any party or witness may be called as an adverse witness. In such a case, examination of the witness will be allowed as if under cross-examination. b) A witness called in good faith, whose testimony surprises the party calling the witness, can b…

Section 310.231 Ex Parte Communications a) Except in the disposition of matters that the Office of the Comptroller is authorized by law to entertain or dispose of on an ex parte basis, Office of the Comptroller Department heads, employees and hearing officers shall not, after not…

Section 310.232 Stay of Contested Case Hearings for Military Service a) "Military Service" means any full-time training or duty, no matter how described under federal or State law, for which a service member is ordered to report by the President, Governor of a state, commonwealth…

Section 310.233 Expenses and Attorney's Fees a) In any contested case initiated by the Office of the Comptroller that does not proceed to court for judicial review and on any issue for which a court does not have jurisdiction to make an award of litigation expenses under Illinois…

Section 310.240 Reports of Hearings a) In every contested case conducted before a hearing officer, the hearing officer will file a written report that contains his or her Findings of Facts and Conclusions of Law with respect to the allegations contained in the Complaint or Petiti…

Section 310.250 Requests for Rehearing a) Where a rehearing, or additional hearings are requested, the request shall be in the form of a motion, and shall state with specificity the reasons for the request. If it is alleged that new evidence is available which was not available a…

Section 310.251 Waiver Compliance with any or all of the provisions of these rules concerning contested cases may be waived by written stipulation of all parties. [5 ILCS 100/10-70] (Source: Added at 42 Ill. Reg. 16010, effective August 1, 2018)

Section 310.260 Severability If any Section, subdivision, sentence or clause of this Part shall be held by a court of competent jurisdiction to be invalid, such holding shall not affect the remaining parts thereof.

Section 310.30 Institution of a Contested Case by the Department 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 l…

Section 310.40 Institution of a Contested Case by Petitioner 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 re…

Section 310.50 Joinder 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 issu…

Section 310.60 Form of Papers All papers filed or submitted to the Department or the Comptroller in a contested case shall be typewritten, on 8½ 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 …

Section 310.70 Service 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 servi…

Section 310.80 Notice 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 …

Section 310.90 Prehearing Negotiations 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…

Section 340.100 Definitions "Administrative fee" is the fee the State Comptroller is required to collect from qualifying contracts under Section 23.9 of the State Comptroller Act [15 ILCS 405]. "Code" is the Illinois Procurement Code [30 ILCS 500]. "Qualifying contract" is a cont…

Section 340.200 Filing of Contracts; Fees a) An administrative fee of $15 shall be collected from all qualifying contracts required to be filed with the State Comptroller under SAMS Procedure 15.10.40, or as otherwise prescribed by law. b) A contract is considered filed when the …

Section 340.300 Administrative Fee a) The State Comptroller shall collect the administrative fee from the first warrant issued under a qualifying contract from which collection is technically and administratively feasible. b) If collection is infeasible from any particular warran…

Section 600.100 Introduction Pursuant to Section 18 of the State Treasurer Act [15 ILCS 505/18], the Office of the Treasurer promulgates this Part for the procurement and placement of banking services at the State Capitol and automated teller machines at any State office building…

Section 600.110 Definitions "Administrative Expenses" means all expenses associated with the implementation, administration, marketing and operation of the Program. These expenses may include, but are not limited to, staff salaries, benefits, costs incurred in performing outreach…

Section 600.120 Contact Office of the Treasurer a) No State agency may procure services authorized by this Part at any State Office Building, State Tourism Center, State Property or State Fairgrounds without the approval of the Office of the Treasurer. State agencies seeking ATM …

Section 600.130 Agreements with State Agencies a) The Treasurer may enter into written agreements with the State agency having jurisdiction of the property where ATM services are intended to be provided. b) Agreements with a State agency may include the quantity of machines to be…

Section 600.140 Competitive Procedures Banking services and ATM services shall be procured in accordance with the Illinois Procurement Code [30 ILCS 500] and the Office of the Treasurer's procurement rules (44 Ill. Adm. Code 1400).

Section 600.150 Agreements with Financial Institutions and Providers a) The Treasurer may enter into a written agreement with a financial institution or provider for the provision of banking services at the State Capitol. At a minimum, the agreement shall include the level of ban…

Section 600.160 Treasurer's Bank Services Trust Fund Any payment, proceed, fee, compensation or other remuneration received by the Office of the Treasurer from a financial institution or provider as required by this Part shall be deposited in the Treasurer's Bank Services Trust F…

Section 600.170 Administrative Expenses a) The administrative expenses of the Program shall be paid from the Treasurer's Bank Services Trust Fund. (See 30 ILCS 212/10.) b) In the event that the Treasurer is obligated to pay administrative expenses of the Program, but the Treasure…

Section 600.180 Restrictions a) This Part does not apply to a State office building in which a currency exchange or a credit union providing financial services located in the building on July 1, 1995 is operating. b) In the event the currency exchange or credit union that was pro…

Section 700.10 Declaration The following rules are hereby adopted to govern procedures for the extension of time periods for the payment of moneys into the State treasury or to the State Treasurer.

Section 700.20 Request a) Any state agency subject to the provisions of Section 2(a) of "An Act in relation to the payment and disposition of moneys received by officers and employees by virtue of their office or employment", or Section 34 of "An Act in relation to state finance"…

Section 700.30 Evaluation a) Upon the receipt of the request, the State Treasurer and the State Comptroller shall jointly evaluate the information submitted by the agency. The State Treasurer and Comptroller may: 1) Approve the request with the same or a different time period fro…

Section 700.40 Implementation a) If the State Treasurer and the State Comptroller approve the request, the agency shall be notified by letter of the extended time period. The notification shall also specify the types of funds subject to the new time periods and any other terms an…

Section 700.5 Introduction These rules are jointly promulgated by the State Treasurer and the State Comptroller to implement their powers under Section 2 of "An Act in relation to the payment and disposition of moneys received by officers and employees by virtue of their office o…

Section 710.10 Requests for Special Handling Each payee desiring electronic disbursement of State funds must request special handling of State warrants by the State Treasurer. Such requests must be presented in writing, and indicate the identity of the person authorized to receiv…

Section 710.20 Details Required on Requests By 10 a.m. the day of the request of transfer, the authorized individual must contact the Banking Division of the Office of the State Treasurer with the following information: a) The identity and the account number of the payee for each…

Section 710.30 Deadline for Requests Warrants must be presented to the Treasurer's Banking Division for transfer by 2:00 p.m. on the date requested.

Section 710.40 Surcharges In the event that scheduled warrants are not presented by the above time, the Treasurer shall assess a surcharge to the presenting entity equal to the amount of investment income lost on reserved funds. a) Such surcharge will be calculated on the princip…

Section 710.50 Charges a) The Treasurer will assess a $50 charge for each transfer of funds. b) This charge may either be paid at the time of the transfer, or once each month for all transfers executed during the month.

Section 725.10 Report Requirements a) The Cook County Treasurer, as the grant recipient, shall report on a monthly basis the following to the State Treasurer: 1) how much of each grant has been expended; 2) how much of each grant is remaining; and 3) the purpose for which any gra…

Section 725.20 Record Requirements a) The Cook County Treasurer shall maintain, for a minimum of five years after an expenditure is made, adequate books, records, and supporting documents to verify the following: 1) the amount of funds received; 2) the recipients of the funds; an…

Section 725.30 State Treasurer's Report Requirements The State Treasurer as necessary shall report to the General Assembly any unexpended balance of funds of the grant recipient.

Section 725.5 Grant Application a) In each State fiscal year, the Cook County State's Attorney and the Cook County Public Defender shall each make a separate application to the State Treasurer for a grant from the Capital Litigation Trust Fund. The form shall be created and provi…

Section 730.110 Applicability This Part shall apply to all Administrative Hearings conducted by the State Treasurer that are not specifically provided for under any other Section of the Illinois Administrative Code.