Section 50.80  Appeals process

There shall be an appeals process for any person or community agency that is subject to any action based on the  findings of an investigation.  (Section 1-17(c) of the Act)

a)         A person or community agency may appeal an action taken based on a finding of an investigation on the grounds that the action was unduly punitive or unduly lenient.

b)         The Inspector General shall inform the agency or employees of the right to appeal under this Part.

c)         The employee or community agency may request a hearing no later than 30 calendar days after the action occurred.  The employee or community agency shall submit a letter to the Bureau of Administrative Hearings, Department of Human Services, 100 S. Grand Ave. East, Springfield, Illinois 62762, requesting a hearing and setting out the reasons why the action was in error.

d)         The hearings under this Section shall be conducted in accordance with the Department's rules on the conduct of hearing and appeals at 89 Ill. Adm. Code 508.

e)         At the hearing, the community agency, the facility or the Department shall have the burden of proving that its action was fair and supported by a preponderance of credible evidence.

(Source:  Amended at 32 Ill. Reg. 8132, effective May 16, 2008)