Illinois Administrative Code

Section 130.70 Application Approval or Denial a) Applicants will be notified in writing of the Department's approval or denial of all completed applications. b) If the Department denies the application for a credit, it will specify the reasons for the denial. c) If the Department…

Section 130.80 Determination of Credit Amount a) The Department shall determine the amount of credit awarded under the Act. b) If Department criteria within this Part and all other requirements under the Act are met, a qualified employer shall be entitled to a tax credit equal to…

Section 130.90 Tax Credit Certificate a) The Department shall award the tax credit by issuance of a certificate of tax credit to the qualified employer. [35 ILCS 50/3-15(a)] b) The certificate will include the following: 1) The name, taxpayer identification number, and address of…

Section 131.10 Purpose This Part establishes criteria for payment of certain mental health and related services that are provided to children enrolled in the Screening, Assessment and Support Services (SASS) Program.

Section 131.20 Definitions For the purposes of this Part, the following terms are defined: "CARES" – Crisis and referral entry services. The agent under contract with HFS, DCFS, or DHS to perform certain administrative functions on the State agency's behalf. "CMHS" – Community me…

Section 131.30 Eligibility A child eligible for services provided under this Part is: a) An individual for whom DCFS is legally responsible; b) An individual under 21 years of age who is enrolled, pursuant to 89 Ill. Adm. Code 118, 120, 123 or 125, in one of the medical programs …

Section 131.40 Screening Requirement a) Children in psychiatric crisis who are believed to be in need of admission to an inpatient psychiatric facility and for whom public payment for the admission may be sought must be referred to CARES. b) If determined to be appropriate, CARES…

Section 131.50 Program Services a) Community Mental Health Services 1) Children, as a result of the mental health screening required under Section 131.40, for whom it has been determined by a SASS agent that appropriate alternative resources are available in the community shall b…

Section 131.60 Billing for Services All program services described in this Part are provided and billed to HFS in accordance with that agency's policies as found in the HFS Handbook for Providers of Medical Services (found at www.hfs.illinois.gov/ handbooks/), including any neces…

Section 131.70 Accountability a) All payments made under this Part are subject to post-payment review and audit pursuant to the applicable rules under which the rates of reimbursement were established (see 89 Ill. Adm. Code 140.30, 140.410 through 140.414, 140.444, 140.455, 140.4…

Section 131.APPENDIX A DHS/DMH Target Population The DHS/DMH target population, for purposes of this Part, consists of children 17 years of age or younger who meet the diagnoses criteria of subsection (a) and treatment history of subsection (b) or who meet the diagnoses criteria …

Section 301.10 Authority and Purpose a) Authority. The Office of State Guardian exists as a division of the Guardianship and Advocacy Commission created by the Guardianship and Advocacy Act (GAC Act) [20 ILCS 3955] and shall serve as guardian of the person or estate, or both, for…

Section 301.20 Definitions Terms are defined as follows for the purpose of this Part, unless the context requires otherwise: "Account" means a statement in writing of receipts and disbursements from a ward's estate by the guardian during a stated period of time. "Case Opening" me…

Section 301.30 Assessment of Fees a) Assessment – In General 1) Except as provided in subsections (c) and (e), all wards with liquid assets on the date of the OSG's appointment shall be assessed a one-time case opening fee for establishment of the case by OSG. Rates are set forth…

Section 301.40 Notice a) Notice – In General. A ward or a ward's estate shall not be charged for guardianship services unless the ward is given prior written notice pursuant to the procedure set forth below. b) Notice – Procedure to be Used. Prior to requesting court approval for…

Section 301.50 Collection of Fees a) Pay Collection and Liability for Payment – In General. Office of State Guardian shall take reasonable steps to collect fees from parties holding estate funds when fees have been assessed. Liability for fee payment shall be limited to the ward'…

Section 301.60 Fee Schedules a) Statutory Authority for Assessment of Fees. The Commission, under Section 5(i) of the GAC Act, is given the power to collect fees for its legal and guardianship services. b) Procedure for Changing Fee Schedule. The following fees constitute a base …

Section 310.10 Authority and Purpose a) Authority The Human Rights Authority exists as a division of the Guardianship and Advocacy Commission created by the Guardianship and Advocacy Act [20 ILCS 3955] and shall consist of as many regional authorities as the Commission may see fi…

Section 310.20 General Provisions a) Definitions of Terms − As used in this Part, unless the context requires otherwise: "Act" means the Guardianship and Advocacy Act [20 ILCS 3955]. "Chairperson" means the Chairperson of a Regional Human Rights Authority. "Commission" means the …

Section 310.30 Membership and Organization a) Membership Each regional authority shall consist of at least seven and no more than nine members appointed by the Director. All actions taken by the Director to appoint or remove members shall be reported to the Commission at the next…

Section 310.40 Meetings a) Annual Meeting The annual meeting of each regional authority shall convene in the final quarter of the fiscal year, i.e., April, May, and June, for the purpose of electing officers and for any other business that may be brought before it. Should circums…

Section 310.45 Attendance By Means Other Than Physical Presence a) A member of a regional authority may attend a closed meeting of the regional authority by video or audio conference, if available. b) A member of a regional authority may attend an open meeting of the regional aut…

Section 310.50 Complaints a) Recording Complaints Every complaint received by a regional authority shall be recorded in the Human Rights Authority's database. b) Disposition of Complaints 1) Acceptance Except as provided in subsection (c), a decision to investigate a complaint sh…

Section 310.60 Investigations a) Policy All investigations instituted by a regional authority shall be conducted in a timely, thorough, and impartial manner to assess the action or omission complained of and, if appropriate, make recommendations based upon that assessment. b) Jur…

Section 310.70 Recommendations and Findings a) Report of Findings Upon completion of an investigation, a regional authority shall prepare a proposed report of findings, including recommendations where appropriate, to be presented for discussion at the next regular meeting or any …

Section 310.80 Confidentiality a) Policy Each regional authority shall conduct its meetings and investigations and keep its records in compliance with the requirements of confidentiality as enumerated in subsections (b) through (f) in order to uphold the dignity and privacy of el…

Section 310.90 Limitations a) When a regional authority receives a complaint alleging that the rights of an eligible person have been violated in the region in which the authority sits, the authority shall investigate unless it determines that the complaint is frivolous or beyond…

Section 350.100 Authority and Purpose a) Authority The Legal Advocacy Service is a division of the Guardianship and Advocacy Commission and is statutorily charged with the duty to make available legal counsel to persons with disabilities in judicial proceedings arising out of the…

Section 350.105 Definitions The following definitions shall apply to this Part: "Adjusted income" is the difference between income and the following expenses: child care and court-ordered child support payments, special education services for the client or dependents, for example…

Section 350.110 Legal Services Without Charge The Legal Advocacy Service shall provide free services to persons otherwise "eligible" for legal services: a) whose income is limited to Supplemental Security Income (SSI), Social Security, Temporary Assistance to Needy Families (TANF…

Section 350.115 Fees for Legal Services a) Referral Procedure Eligible clients whose adjusted income makes them ineligible for free legal services (other than an initial consultation) shall have contacted a member of the private bar to arrange representation. If requested by the …

Section 350.120 Sliding Fee Schedule (See Appendix A) a) The Legal Advocacy Service shall charge $40 an hour for each hour spent at court or administrative hearings and $30 for each hour otherwise spent in preparation or other representation of a client whose adjusted income exce…

Section 350.125 Maximum Fees No client shall be charged fees exceeding 5% of his adjusted income for legal services within each 12 month period.

Section 350.130 Postponement of Fee Payment a) Postponement in Fee generating/Contingent Fee Cases. The Director of the Legal Advocacy Service is authorized to postpone payment of fees for legal services in accordance with the sliding fee schedule set forth in Section 350.120 of …

Section 350.135 Payment of Fees a) Written Notice No client shall be charged a fee for legal services unless given written notice that fees will be charged prior to the provision of legal assistance. b) Billing The Legal Advocacy Service shall bill the client for legal services r…

Section 350.APPENDIX A Sliding Fee Schedule for Legal Services Fee (Court/non-court time) -0- $40/$30 $50/$40 $60/$50 Size of Family Unit Maximum Income Maximum Income Maximum Income Maximum Income 1......................................... $ 12,360 $ 24,720 $ 37,080 $ 37,081+ 2.…

Section 400.10 Purpose The Illinois Council on Developmental Disabilities (Council) receives funds under the Basic State Grant Program through the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 USC 6000). Pursuant to that Act, the Council develops a Stat…

Section 400.100 Investment Completion a) Grantees must submit to the Council a final report that includes a description of the grantee's performance of the project and a detailed list of expenditures, including match funds, if applicable, in relation to the approved budget. Varia…

Section 400.110 Suspension and Termination a) Suspension – If a grantee fails to comply with the terms and conditions of the grant award and agreement, the Council shall, after written notice to the grantee, suspend the grant and withhold further payments and prohibit the grantee…

Section 400.120 General Provisions – Allowable Expenses Expenses must meet the following criteria in order for payment from Council funds to be allowed: a) Be necessary and reasonable to carry out the performance targets, goals and intent of the approved grant; b) Be authorized u…

Section 400.20 Definitions As used in this Part: "Act" means the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 USC 6000) that is the federal enabling and funding statute for the Council. "Council" means the Illinois Council on Developmental Disabilities…

Section 400.30 State Plan Implementation The Council, through its members, staff, consultants, contractors, subcontractors and grantees, conducts or supports programs, projects and activities that carry out its overall responsibilities under the Act. The State Plan is developed b…

Section 400.40 Purpose of Grants To implement the activities described in Section 400.30, the Council may award grants to qualifying agencies, individuals and organizations. All funding decisions are made by the Council or by the Executive Committee, as provided in this Part and …

Section 400.50 Form of Application a) When funds are available to the Council, the Council shall seek to award the funds consistent with the purposes of the Act, the State Plan, and this Part. b) The Council provides notice to the public of the availability of these funding oppor…

Section 400.60 Review and Selection Process a) Council staff shall initially review all proposals to identify any history of compliance issues with previous or current grant agreement terms, previous performance in programmatic or fiscal areas, and other indicators relevant to ev…

Section 400.65 Appeals Any agency, individual or organization who failed to receive a grant award may appeal that decision only on the grounds of fraud or conflict of interest. In cases of an agency, individual or organization who received notice of suspension or termination that…

Section 400.70 Awards, Grant Agreements, Conditions and Disbursement of Grant Funds a) When a grant has been awarded, the grantee and the Council shall execute an agreement. The agreement shall be executed between the grantee and the Council's Director, or the Director's designee…

Section 400.80 Administrative and Reporting Requirements a) Grant monitoring – The Council monitors the progress of grant-funded projects and expenditures through a variety of mechanisms, including, but not limited to, communications with grantees; periodic site visits by Council…

Section 400.90 Project Revisions and Extensions Budget revisions within the overall award amount, project revisions, and extensions of projects beyond the original time frame can be negotiated and must be approved by Council staff in advance of implementation of any revisions. Re…

Section 100.10 Authority and Definitions a) Authority These Rules (hereinafter referred to as "Rules of Procedure") are hereby established and issued by the Director of the Department of Natural Resources pursuant to Section 2.14 of the Coal Mining Act of 1953, as amended, now in…