Illinois Administrative Code

Section 437.8 Prohibition of Employee Conflicts in the Care of Children (Repealed) (Source: Repealed at 22 Ill. Reg. 5484, effective March 16, 1998)

Section 437.80 Requirements of the State Officials and Employees Ethics Act a) The Act is a comprehensive revision of State ethics laws intended to ensure that State officers and employees adhere to the highest ethical standards. The Act contains provisions regulating certain typ…

Section 437.9 Violations of Part 437 (Repealed) (Source: Repealed at 22 Ill. Reg. 5484, effective March 16, 1998)

Section 437.90 Employee Conflict of Interest Violations a) Strict compliance with all of the provisions of this Part is mandatory and any non-compliance may subject the employee to criminal penalties and/or discipline, up to and including termination of employment. b) Any employe…

Section 505.10 General a) DHS-ORS, through its facilities and various offices, shall maintain records on all customers. All records shall be of a confidential nature and shall not be made available to the general public. b) Except as required or allowed in this Part, no confident…

Section 505.20 Definitions (Renumbered) (Source: Section 505.20 renumbered to Section 505.5 at 15 Ill. Reg. 7728, effective May 7, 1991)

Section 505.30 Ownership of Records All confidential information acquired by DHS-ORS is the property of DHS-ORS and shall remain so. All contracts, grants, agreements, and other documents entered into by DHS-ORS shall so provide, and any attempt to waive this provision shall be v…

Section 505.40 Release of Confidential Information without the Consent of the Customer a) An employee may, in the course of providing services, disclose confidential information without the consent of the customer to other DHS-ORS employees (e.g., counselor's supervisor, Legal Co…

Section 505.5 Definitions Customer – Means a person who is receiving, has received, or has applied for any DHS-ORS services, including a student at a DHS-ORS school, or the person empowered by law to act on behalf of the customer. Confidential Information – Means all closed, acti…

Section 505.50 Release of Confidential Information with the Consent of the Customer The customer, parent of a minor customer, guardian or representative may request and consent in writing to the release of confidential information to the customer, parent of a minor customer, guar…

Section 505.60 Procedures a) When confidential information is released, the DHS-ORS employee releasing it shall place a note on the CASE FOLDER MEMORANDUM stating the name of the person to whom it was given, the date, and the reason for such release. Additionally, the receiver sh…

Section 505.70 Subpoenas a) When a subpoena for the production of records is received by DHS-ORS, the employee receiving it shall release such information in accordance with the requirements and procedures of this Part, and with the terms of the subpoena. A written notice shall a…

Section 505.80 Additional Rules a) The release by DHS-ORS of any clinical, social work, psychological, psychiatric or other information of a mental health or developmental disability services nature, including, but not limited to, examination, diagnosis, evaluation, treatment, tr…

Section 507.10 Audit Requirements a) Based on the specific requirements of subsection (b) or (c), whichever applies, each Provider receiving purchase of service or grant contract funding from the Department of Human Services (Department) shall annually submit to the Department a …

Section 508.10 Authority − Applicability of This Part a) This Part on practice and procedure for administrative hearings is promulgated pursuant to Section 5-10(a)(i) of the Illinois Administrative Procedure Act (IAPA) [5 ILCS 100/5-10(a)(i)]. This Part shall apply to all adminis…

Section 508.100 Discovery a) At least 7 days prior to the commencement of the hearing, each party shall provide all other parties with a copy of any document that it intends to offer into evidence. This subsection does not apply to documents already provided by the Department und…

Section 508.110 Hearings a) Except for hearings under 59 Ill. Adm. Code 50, 115, 117, 119, and 120, all hearings conducted in any proceedings shall be open to the public subject to individual rights to confidentiality. b) Hearings will be conducted by the Secretary or by an admin…

Section 508.120 Subpoenas a) The administrative law judge may issue a subpoena to compel the attendance of a witness or the production of documents when such witness or such documents contain relevant evidence but the evidence is not being presented by the party, witness or holde…

Section 508.130 Administrative Law Judge's Report and Recommendations a) At the conclusion of a hearing at which the decision-maker has not presided, the administrative law judge shall submit a decision, opinion, or report, with his or her findings of fact and conclusions of law …

Section 508.140 Proposal for Decision a) When the decision-maker has not heard the administrative hearing or read the record and his or her final decision would be adverse to any party other than the Department, a proposal for decision shall be served upon all parties to the proc…

Section 508.150 Final Orders a) A written Final Order shall be issued in every administrative hearing. A final order shall include findings of fact and conclusions of law, separately stated. All final orders shall specify whether they are final and subject to the Illinois Adminis…

Section 508.160 Records of Proceedings a) A full and complete record shall be kept of all proceedings. The record shall consist of the following: 1) all pleadings (including all notices and responses thereto), motions, and rulings; 2) a transcript of the hearing, if any, and all …

Section 508.170 Miscellaneous a) Ex Parte Consultation. Except in the disposition of matters that the Department is authorized by law to entertain or dispose of on an ex parte basis, the administrative law judge or Secretary shall not, after notice of hearing, communicate directl…

Section 508.20 Definitions "Administrative Hearing" shall mean a contested case or a hearing in which the rule establishing the right to hearing references this Part. "Administrative Law Judge" shall mean any attorney licensed to practice law in Illinois, appointed by the Secreta…

Section 508.30 Appearance – Representation by Counsel a) Any party to a proceeding may appear by himself or herself or may be represented by someone of the party's choosing. b) All persons appearing in proceedings before the Department, including a non-attorney representative, sh…

Section 508.40 Emergency Action If the Secretary finds that the public interest, safety or welfare requires emergency action, and if the Secretary incorporates a finding to that effect in an order, summary suspension of a license or authorization to conduct a particular activity …

Section 508.50 Notice and Initiation of an Administrative Hearing a) When the Department serves a Notice of Opportunity for an Administrative Hearing it shall contain: 1) a statement of the nature of the action; 2) a statement of the legal authority and jurisdiction under which t…

Section 508.60 Motions a) Motions, unless made during a hearing, shall be made in writing and shall set forth the relief or order sought and the legal authority for the action requested. Except as otherwise provided in this Part or by a specific statute or rule, motions may seek …

Section 508.70 Filing a) All pleadings, written motions, or notices filed in the administrative proceedings shall be dated and signed by the party filing the paper or his or her attorney or representative. b) Pleadings, written motions, and notices shall contain the address of th…

Section 508.80 Service a) Notices under Section 508.50(a) shall be served either personally or by certified mail upon all parties or their agents appointed to receive service of process unless the applicable statute or rule requires a different form of service, in which case serv…

Section 508.90 Prehearing Conferences a) A prehearing conference may be scheduled by the administrative law judge or Department at their discretion or as a result of a request pursuant to subsection (b) of this Section. This conference shall be for the purpose of considering: 1) …

Section 509.10 Purpose General − This Part applies to all agencies providing services to the Department and its clients. This rule applies to all Department services and funds, including matching funds, if required as a prerequisite to receiving Department funds. The rule establi…

Section 509.100 Prompt Payment Act The provisions of the Prompt Payment Act apply to this rule. This Part does not constitute a waiver of the awardee's rights to recover a penalty for late payment as specified in the Act. (Source: Amended at 48 Ill. Reg. 14689, effective Septembe…

Section 509.110 Accreditation a) Awardees demonstrating current accreditation status under either the Standards for Services for People with Developmental Disabilities (Council), Standards Manual for Organizations Serving People with Disabilities (CARF), Council on Accreditation …

Section 509.15 Definitions "Accreditation" – means a process establishing that a program complies with nationally recognized standards of care set by one of the following: Accreditation Manual for Hospitals (Joint Commission on Accreditation of Healthcare Organizations (JCAHO), O…

Section 509.20 Allowable/Unallowable Costs Allowable/Unallowable Costs − Costs associated with Department programs are assumed to be allowable unless they are specified as unallowable by other Parts of Department rules, or by federal regulation, or by individual program policies …

Section 509.30 Fiscal Requirements/Management a) The Agency shall be managed in a manner consistent with sound fiscal standards. The Agency shall maintain written policies and procedures regarding its fiscal activities, including but not limited to payroll, purchasing, cash manag…

Section 509.40 Accounting Requirements a) Each Agency shall establish and maintain a financial system in accordance with generally accepted accounting principles (GAAP) and applicable regulatory requirements including 2 CFR 200.302. Agencies shall either establish and maintain th…

Section 509.50 Funding Suspension a) The Department may suspend funds to the awardee for any of the following reasons: 1) Denying Departmental staff reasonable access to records required under this Part or any other applicable rule of the Department (i.e., records pertaining to t…

Section 509.60 Cancellation of Award/Agreement The Department may cancel the award/agreement for any of the following reasons: a) Substantial or material breach of the agreement; b) Failure to implement a mutually agreed upon, written corrective action plan within the reasonable …

Section 509.65 Process for Suspension of Funding/Cancellation of Award/Agreement a) Suspension/Cancellation. The process for suspension of funding pursuant to Section 509.50 and cancellation pursuant to Section 509.60 is as follows: 1) Notice. The awardee shall be notified, in wr…

Section 509.70 Fiscal and Administrative Reviews a) The Department shall conduct periodic monitoring activities including onsite, virtual, or desk fiscal and administrative reviews of awardees. At the Department's option, other public or private organizations may assist the Depar…

Section 509.80 Administrative Requirements The Department requires that all awardees of services be able to demonstrate compliance with the following administrative activities. In those instances where an awardee believes these requirements are not appropriate, the Department wil…

Section 509.90 Compliance with Life Safety Standards and Requirements All program facilities shall be in compliance with applicable State licensure requirements and local ordinances with regard to fire, building, zoning, sanitation, health, and safety requirements.

Section 510.10 General Information 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) An…

Section 510.100 Informal Resolution Conference a) Every proceeding pursuant to this Section is to be confidential and not open to the general public unless the grievant so requests. b) The Informal Resolution Conference is an informal review of the decision with the goal of mutua…

Section 510.103 Mediation Process for the Vocational Rehabilitation Program a) Every mediation pursuant to this Section is to be confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding. If deemed necessary by the assigned qualified a…

Section 510.105 Conduct of Hearings a) Every proceeding pursuant to this Section is to be confidential and not open to the general public unless requested to be so by the grievant. b) Procedures set forth in the Code of Civil Procedure [735 ILCS 5], except as provided in subsecti…

Section 510.110 Associate Director's Review for Residential/Training Programs for Persons with Visual Impairments The Associate Director may review an Impartial Hearing Officer's decision that pertains to the conduct of a customer in the adult residential training program for per…

Section 510.115 Associate Director's Decision for Hearings Regarding a Blind Vendor a) For hearings related to the grievance of a blind vendor covered under Section 510.20(g), the Impartial Hearing Officer shall provide a recommended findings and decision to the Associate Directo…