TITLE 89: SOCIAL SERVICES
CHAPTER II: DEPARTMENT ON AGING
PART 240 COMMUNITY CARE PROGRAM
SECTION 240.436 CANCELLING AN APPEAL


 

Section 240.436  Cancelling an Appeal

 

a)         The Department may cancel an appeal at any time during the appeal process for any of the following:

 

1)         Appellant's death;

 

2)         Appellant never received a notice of adverse action from the Department;

 

3)         Appellant is not a CCP participant ;

 

4)         Appellant moves out of State;

 

5)         Appellant's appeal is upheld by the Department;

 

6)         Appellant/ authorized representative does not submit a Notice of Appeal to the Department within 60 calendar days after the date the notice of adverse action was sent;

 

7)         Appeal is not related to any CCP services; and/or

 

8)         Appeal is filed by an unauthorized representative.

 

b)         The Department shall advise the appellant/authorized representative that the appeal is cancelled and formally closed, in writing, by certified mail, return receipt requested.

 

c)         If the appellant/authorized representative does not agree with the reason for cancellation, the appellant/authorized representative must notify the Department, in writing, within 10 work days after receipt of the Notice of Cancellation.

 

d)         If the appellant/authorized representative notifies the Department, in writing, within 10 work days after receipt of the Notice of Cancellation, the Department shall reinstate the appeal and continue the appeal process.

 

e)         The Department shall furnish copies of the Notice of Cancellation to all interested parties to the appeal.

 

(Source:  Amended at 42 Ill. Reg. 20653, effective January 1, 2019)