TITLE 89: SOCIAL SERVICES
CHAPTER II: DEPARTMENT ON AGING
PART 240 COMMUNITY CARE PROGRAM
SECTION 240.460 POSTPONEMENT


 

Section 240.460  Postponement

 

a)         A hearing shall be postponed for a reasonable period if:

 

1)         the appellant needs additional information;

 

2)         a necessary witness is absent;

 

3)         the appellant is ill;

 

4)         the appellant's authorized representative is unavailable; or

 

5)         for any other reason that necessitates a postponement in order for the appellant to present the appeal.

 

b)         The appellant/authorized representative may request a postponement, which shall be in writing to the Hearing Officer before the scheduled hearing date.  A verbal request may be made when the hearing is convened.

 

c)         The appeal shall be continued to the next available docket opening, if acceptable to the appellant.

 

d)         If the request is approved, the Hearing Officer will send the appellant/authorized representative and all interested parties to the appeal a letter (with the original appeal number) rescheduling the hearing.  If the postponement is denied, the appellant/authorized representative will be notified in writing as well as all parties to the appeal. If the delay is allowed, the ninety (90) calendar day time limitation of the appeal process is extended by the number of calendar days of allowed delays and all parties to the appeal will be notified in writing.

 

(Source:  Amended at 13 Ill. Reg. 11193, effective July 1, 1989)