Illinois Administrative Code

Section 730.150 Form of Documents a) All documents submitted pursuant to an Administrative Hearing 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 Hearing number assigned to the case by the Treas…

Section 730.160 Service a) Service of all documents after a Petition for Hearing or Notice of Hearing has been initiated shall be made by personal delivery upon all Parties or by U.S. Mail, properly addressed, with postage prepaid, unless otherwise required in this Section. Proof…

Section 730.170 Voluntary Dismissal or Withdrawal Prior to the hearing, an unopposed motion to voluntarily dismiss or withdraw a Petition for Hearing/Notice of Hearing shall be granted, and the Hearing Officer shall issue an order dismissing the Petition for Hearing/Notice of Hea…

Section 730.180 Waiver of Issues Any issues that are not specifically, directly or implicitly addressed in the Petition for Hearing or Notice of Hearing will be waived in any Administrative Hearing.

Section 730.190 Notice of Hearing Upon receipt by the Treasurer of a properly submitted Petition for Hearing, a Notice of Hearing shall be served, personally or by certified or registered mail, return receipt requested, by the Treasurer upon the Parties or their agents appointed …

Section 730.200 Requirement of an Answer a) In all contested cases initiated by either a Petition for Hearing or Notice of Hearing, the Respondent shall file an answer within 28 days after the date on which the Petition for Hearing/Notice of Hearing was served. The answer shall b…

Section 730.210 Hearing Officer a) In any Administrative Hearing, the Treasurer shall appoint and/or retain an impartial person as a Hearing Officer to conduct the hearing. The Hearing Officer shall be an impartial attorney licensed to practice law in Illinois and of high integri…

Section 730.220 Hearing Officer Recusal a) If any Party has reason to believe the Hearing Officer has a personal bias or conflict of interest, that Party may file a timely and sufficient motion, supported by affidavit, requesting that the Hearing Officer recuse himself or herself…

Section 730.230 Ex Parte Communication a) Once appointed and/or retained, the Hearing Officer shall not communicate directly or indirectly with any Party or any person interested in the outcome of the proceeding, with respect to the merits of any case not concluded, except upon n…

Section 730.240 Representation and Appearance a) Any Party may be represented by an attorney, provided that the attorney is licensed to practice law in Illinois or, with the permission of the Hearing Officer, by an attorney permitted to practice law in Illinois pro hac vice pursu…

Section 730.250 Motions a) Motions, unless made during a hearing, shall be in writing, shall specify the relief and/or order sought, and shall be served on all Parties and filed with the Treasurer. b) When any motion is filed, the opposing Party has 28 days, or such other period …

Section 730.260 Discovery a) Discovery shall only commence after a Petition for Hearing/Notice of Hearing has been initiated/filed, docketed and assigned a Hearing Number by the Treasurer. Discovery shall not be the subject of motions presented to the Hearing Officer, except when…

Section 730.270 Prehearing Conference a) Upon motion by the Hearing Officer or any Party, the Hearing Officer may direct the Parties to attend a prehearing conference, at a mutually convenient time and place prior to the Administrative Hearing date, for the purpose of: 1) Simplif…

Section 730.280 Hearings a) All Administrative Hearings shall be conducted at a location determined by the Treasurer, unless otherwise agreed to by the Parties and the Hearing Officer. b) The sequence to be followed for all Administrative Hearings is as follows: 1) Preliminary He…

Section 730.290 Postponement or Continuance of Hearing Upon motion by a Party or decision of the Hearing Officer, a hearing may be postponed or continued for just cause. Written notice of any postponement or continuance shall be given to all Parties within a reasonable time in ad…

Section 730.300 Failure to Appear Any Party failing to appear at a hearing, other than a preliminary hearing or prehearing conference, shall waive its right to present evidence. If the Hearing Officer determines that proper notice was given, he or she shall grant affirmative reli…

Section 730.310 Burden of Proof The burden of proof, which includes both the burden of production and the burden of persuasion, rests with the Petitioner in all cases initiated by the filing of a Petition for Hearing or with the Treasurer in all cases initiated by the filing of a…

Section 730.320 Standard of Proof Unless otherwise provided by law, the standard of proof for an Administrative Hearing under this Part shall be the preponderance of the evidence. [5 ILCS 100/10-15]

Section 730.330 Evidence a) Except as otherwise provided in this Section, the rules of evidence and privilege applicable to all contested Administrative Hearings will be the rules of evidence that are applied in civil cases in the circuit courts of the State of Illinois. In addit…

Section 730.340 Business Records a) The rules for admitting business records will be the same as those contained in the Illinois Supreme Court Rule R-236. b) Any Party seeking to admit documents other than the originals may do so, provided the Party certifies that the copy is a t…

Section 730.350 Examination of Witnesses by Hearing Officer a) The Hearing Officer may examine any witness. b) A Party may object to specific questions asked by the Hearing Officer, but it shall not be objectionable that a question violates a technical rule of evidence. For purpo…

Section 730.360 Adverse Witness a) Any Party or witness may be called as an adverse witness. Examination of the adverse witness shall be allowed as if under cross-examination. b) A witness called in good faith whose testimony surprises the party who called the witness may be exam…

Section 730.370 Transcript of Hearing a) Oral proceedings or any part of oral proceedings shall be recorded stenographically or by other means that will adequately ensure the preservation of the testimony or oral proceedings, and shall be transcribed at the request of any Party. …

Section 730.380 Administrative Record a) A full and complete record shall be kept of all proceedings. The record shall consist of the following: 1) All pleadings (including, but not limited to, the Petition for Hearing/Notice of Hearing and any Answers); 2) Motions, briefs, argum…

Section 730.390 Proposal for Decision Unless otherwise expressly provided by law, when, in a contested case, the Treasurer has not heard the case or read the record, the final decision, if adverse to a Party to the proceeding other than the Treasurer, shall not be made until a pr…

Section 730.400 Final Decision a) The final decision in a contested case shall be in writing and shall become a part of the administrative record. A final decision shall include findings of fact and conclusions of law, separately stated. Parties or their agents appointed to recei…

Section 730.410 Administrative Review a) Final administrative decisions of the Treasurer are subject to review under the provisions of the Administrative Review Law. b) The Treasurer shall certify the record of its Administrative Hearing proceedings. c) In all cases in which admi…

Section 755.100 Introduction a) This Part has been developed to regulate the Hospital Basic Services Preservation Fund. It delineates the Treasurer's role in the maintenance and administration of the Fund. b) The Treasurer aims to ensure the Fund will be used to enable essential …

Section 755.200 Definitions The following words or phrases, when used in this Part, shall have the meanings ascribed to them in this Section. "Act" – the Hospital Basic Services Preservation Act [20 ILCS 4050]. "Basic Services" – emergency room and obstetrical service provided wi…

Section 755.300 Preferred Hospitals a) Preference shall be given to those facilities that serve significant numbers of Medicaid recipients to preserve access to basic services. b) Additional preference shall be given to those facilities that qualify for expedited reimbursement fo…

Section 755.400 Hospital Responsibilities Each hospital receiving a loan collateralized under the Act shall: a) Submit documentation that the expenses for which the loan was granted were approved by the Illinois Health Facilities Planning Board (HFPB) in accordance with Section 1…

Section 755.500 Bank Proposals a) Before disbursing moneys from the Fund, the Treasurer shall contact at least 5 approved financial institutions. b) Potential lenders shall provide the Treasurer with an estimated collateralization ratio and a potential range of interest rates app…

Section 755.600 Treasurer Review The Treasurer shall be responsible for: a) Reviewing HFPB's determination as to whether applicant hospitals offer basic services as defined by the Act and this Part. b) Reviewing HFPB's determination as to whether applicant hospitals are seeking f…

Section 761.10 Definitions "Commissioner" means the Commissioner of Banks and Real Estate or any authorized representative. "OBRE" means the Office of Banks and Real Estate. "Treasurer" means the Illinois State Treasurer or any authorized representative. "Act" means the Uniform D…

Section 761.20 Examination of Property Holders Examination of property holders by the Office of Banks and Real Estate (OBRE). The following provisions shall govern the examination by OBRE of persons or financial organizations regulated by OBRE pursuant to the Illinois Banking Act…

Section 900.10 Scope a) These rules are applicable to all State agencies as defined in the Illinois State Auditing Act [30 ILCS 5] and shall be followed in determining whether and to what extent late payment interest is due. b) These rules apply to any bill for Goods or Services …

Section 900.100 Calculation of Interest a) Interest is calculated at the rate of 1% per month. This results in a daily interest factor of .00033 (01/30). b) For each day payment is late, the amount late shall be multiplied by the daily interest factor to determine the late paymen…

Section 900.110 No Interest on Interest A request for payment of interest under this Act is not considered a bill and, therefore, not subject to the provisions of the Act; interest is not paid on an interest payment. (Source: Amended at 26 Ill. Reg. 14666, effective September 19,…

Section 900.120 Exclusions The following non-exhaustive list represents the types of payments that are excluded from the Act and consequently do not qualify for interest penalties: a) Inter- and intra-agency payments. This includes transfers and payments to revolving funds, reimb…

Section 900.125 Vendor Payment Program The requirements set forth in this Section establish the criteria for participation by participating vendors and qualified purchasers in a vendor payment program. Information regarding the program may be found at http://www.payments.illinois…

Section 900.130 Special Rules and Procedures Regarding the Application of the Act to the State Employee's Group Insurance Program For claims for payment related to the State Employee's Group Insurance Program the following applies: a) Late payment interest pertaining to health ca…

Section 900.140 Resolution of Disputes In the event a situation arises which is not covered by this Part or the proper course of action is unclear, the Comptroller and the Director of the Department of Central Management Services or their designees shall meet to make determinatio…

Section 900.20 Definitions Except as otherwise defined in Section 900.130, the following definitions shall be used in interpreting these rules: "Act" shall be defined as: the State Prompt Payment Act [30 ILCS 540]. "Agency Head" shall be defined as: those persons given authority …

Section 900.30 General Duties of State Agencies a) It is the duty and responsibility of each State agency to develop and implement internal procedures that will permit full compliance with the provisions of the Act, this Part and the Comptroller's SAMS manual. b) All State agenci…

Section 900.35 Duties of State Agencies: Interest Payments a) Interest penalty payments must be processed on a voucher, separate from the voucher the State agency submits for payment of the bill, payable to the Vendor. The voucher submitted for payment of the interest penalty sha…

Section 900.40 Statement Indicating That Interest Penalty May Be Available a) The remittance advice of each commercial payment must contain the following statement or words of similar meaning: "Payment of interest may be available if the State fails to comply with the State Promp…

Section 900.50 Other Interest Provisions No agency may enter into a contract with a late payment interest provision more generous to the vendor than that provided in this Part.