TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER i: MATERNAL AND CHILD HEALTH
PART 672 WIC VENDOR MANAGEMENT CODE
SECTION 672.600 HEARINGS


 

Section 672.600  Hearings

 

To appeal an appealable action as set forth in Section 672.515(c) the adversely affected party shall request a hearing within 15 calendar days after receipt of the advance notification. The hearing shall be in accordance with 89 Ill. Adm. Code 508, with the addition of the following provisions:

 

a)         An administrative hearing must be requested within 15 calendar days after receipt of notice. Failure to request a hearing within this time frame shall constitute a waiver of the person's right to an administrative hearing.

 

b)         The burden of proof rests with the Department in relation to all administrative actions initiated by the Department pursuant to Section 672.510.

 

c)         The burden of proof rests with the Applicant as to all administrative actions initiated upon a petition for hearing filed by an Applicant after the denial of Authorization under Section 672.225, and with the Vendor in requests for hearing upon repudiation of contracts under Section 672.520.

 

d)         The Secretary or his designee shall be the final decision-maker in the administrative hearing.

 

e)         The advance written notification set forth in Section 672.515(b) is not an "Emergency Action" for purposes of 89 Ill. Adm. Code 508.40.

 

(Source:  Amended at 24 Ill. Reg. 7509, effective May 1, 2000)