TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 14
PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 14.2 INCORPORATION BY REFERENCE
Section 14.2 Incorporation By
Reference
Any rules or regulations of an
agency of the United States or of a nationally recognized organization or
association that are incorporated by reference in this Part are incorporated as
of the date specified, and do not include any later amendments or additions.
 | TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 14
PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 14.5 DEFINITIONS
Section 14.5 Definitions
"Administrative
Disqualification Hearing" means a hearing conducted pursuant to 7 CFR
273.16 regarding alleged intentional program violations of the Food Stamp
Program.
"Appeal"
or "Fair Hearing" means the contesting of an action taken by the
Department by an applicant or recipient of Public Assistance services. Such
action may include but is not limited to the following: refusal to accept an
individual's application; failure to act on the application; denial of an
application; a decision to reduce, suspend or terminate, or change the amount
of assistance; failure of the Department to take appropriate action on the
individual's request; a decision affecting the basis for issuances of food
stamps; and any issues of Department policy that, when applied, aggrieve the
individual.
"Appellant"
means the individual or his/her authorized representative who has applied for,
received, or been denied financial assistance, medical assistance or food
stamps and is appealing an action or inaction of the Department. All references
to appellant include any authorized representative.
"Business
Day" means any day that the offices of the State of Illinois are open for
business. This would exclude Saturdays, Sundays and State holidays.
"Day"
means a calendar day unless otherwise specified.
"Department"
means the Illinois Department of Human Services.
"Filed"
– a document shall be considered filed on the date it is postmarked, if mailed,
or on the business day the action is received by the Department if it is
delivered by hand, phone or fax. Contact in person or by phone or fax shall be
considered filed on a business day, if it is received prior to the close of
business, 5:00 pm, on that date. If receipt is after 5:00 pm, the action shall
be deemed filed on the next business day.
"Hearing Officer" means the individual authorized
by the Secretary to preside at the hearing.
"Notice" means written correspondence sent by the
Department to an individual to inform the individual of actions taken by the
Department. (See 89 Ill. Adm. Code 102.70.)
"Party" means the Department or person or agency
named or admitted as a party or properly seeking and entitled as of right to be
admitted as a party [5 ILCS 100/1-55] or the appellant.
"Public Aid Committee" means the committee of local
government that consists of the membership as spelled out in Section 11-8 of
the Public Aid Code [305 ILCS 5/11-8] to hear appeals of applicants or
recipients of General Assistance as governed by Article VI of the Public Aid
Code [305 ILCS 5/Art. VI].
"Public Assistance" means the provision of various
programs of financial and medical assistance, including the following:
"AABD" – Aid to the Aged, Blind or Disabled
financial assistance and medical assistance available to individuals who have
been determined to be aged, blind or disabled as defined by the Social Security
Administration. (See 89 Ill. Adm. Code 113.)
"Child Care" – Public Assistance to pay for the
child care of eligible families under qualified circumstances.
"Financial Assistance" – Public Assistance paid in
the form of a cash benefit to a recipient for income maintenance needs.
"Food Stamps" – Increased food purchasing benefits
assistance to eligible recipients. (See 89 Ill. Adm. Code 121.)
"General Assistance" – Financial and medical
assistance available to eligible needy families or individuals who are
ineligible to receive assistance through a categorical assistance program. (See
89 Ill. Adm. Code 114.)
"KidCare" – Assistance in providing health
insurance coverage to eligible children, under age 19, and pregnant women.
"Refugee Resettlement Program" – Assistance for
refugees from any country.
"Repatriate Program" – Assistance for United States
citizens and their dependents returned from a foreign country by the U.S. State
Department.
"Medical Assistance Grant" (MAG) – Medical
assistance paid on behalf of a recipient of financial assistance.
"Medical Assistance No Grant-cases" (MANG) –
Medical assistance paid on behalf of a recipient of categorical assistance who
is not receiving financial assistance. This assistance includes:
MANG(AABD) – Medical assistance available to individuals who
have sufficient income and assets to meet all maintenance needs other than
medical care and who are receiving Supplemental Security Income benefits or who
are determined to be aged, blind or disabled by the Department of Human
Service; and
MANG(C) – Medical assistance to needy families with children
is available to families with one or more children who would qualify for TANF
on the basis of non-financial eligibility factors but have sufficient income
and assets to meet all maintenance needs other than medical care.
"Temporary Assistance to Needy Families (TANF)" –
Financial and medical assistance available to eligible families with one or
more dependent children. (See 89 Ill. Adm. Code 112.)
"Representative" means an attorney or other
individual authorized by the appellant to act on the appellant's behalf in the
proceedings contained in this Part. The authorization shall be in writing and
specify the scope of the representative's authority.
"Secretary" means the Secretary of the Illinois
Department of Human Services.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 14
PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 14.10 INITIATION OF AN APPEAL
Section 14.10 Initiation of
an Appeal
a) For all appeals other than General and Transitional Assistance
outside the City of Chicago, the appeal process is initiated by the appellant
by:
1) filing a written, signed request with the Bureau of Assistance
Hearings;
2) filing a written, signed request with the respective local
office; or
3) telephoning a request to the Bureau of Assistance Hearing's
toll free number for filing appeals.
b) A food stamp appeal may also be initiated by an oral request
of the appellant to the local office.
c) For General and Transitional Assistance outside the City of
Chicago, the appeal process is initiated by the appellant filing a written,
signed request with the Public Aid Committee. (See Section 14.80.)
d) For purposes of an appellant initiating the appeal process, a
facsimile of a written, signed request for a fair hearing is considered the
same as the original written, signed request.
e) An appeal may be filed by individuals who apply for or receive
financial assistance, medical assistance, or food stamps, or by their
authorized representatives. Authorized representatives must provide a written,
signed authorization from the individual designating them as the individual's
representative.
f) An appeal must be filed within the following time frames:
1) For a public assistance issue, the appeal must be filed within
60 days after the Department's action to notify the client; or
2) For a food stamp issue, the appeal must be filed within 90
days after the Department's action to notify the client.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 14
PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 14.11 PRE-HEARING MEETING
Section 14.11 Pre-Hearing
Meeting
a) The local office shall schedule a pre-hearing meeting with the
appellant within 10 days after a notice of appeal is received. If the issue
being appealed is a denial for expedited food stamps, the local office shall
schedule a pre-hearing meeting within 2 business days after a notice of appeal
is received.
b) If the appellant does not withdraw the appeal following the
meeting, the Department shall complete a written statement of facts supporting
its action or inaction and provide it to the appellant. The appellant must
receive that statement at least 2 business days before the Hearing. If the
statement is mailed, the local office should allow at least 2 business days for
receipt.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 14
PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 14.12 REVIEW OF CASE RECORD
Section 14.12 Review of Case
Record
Prior to the hearing the
appellant shall have the opportunity to examine appellant's case record and
obtain copies of case record material. Copies of the parts of the case record
relevant to the hearing shall be provided free if requested by the appellant.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 14
PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 14.15 NOTICE OF HEARING
Section 14.15 Notice of
Hearing
The Department shall send
written notice to the appellant and any authorized representative of the time,
date and place of the hearing. This notice shall be provided at least 10 days
prior to the Hearing.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 14
PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 14.20 VENUE AND CONDUCT OF HEARINGS
Section 14.20 Venue and
Conduct of Hearings
a) All hearings will be conducted in the county in which the
appellant resides or in another county acceptable to the appellant. Hearings
under this Section may be conducted with some or all of the parties,
including the hearing officer, at different locations connected with each other
by telephone [305 ILCS 5/11-8.2].
b) If the appellant is outside the State, the hearing
officer may take depositions from the appellant and the appellant's witnesses
or permit the appellant to present all relevant matter in support of this
claim. This may be accomplished through witnesses acting in the
appellant's behalf, or both by deposition or testimony of witnesses,
depending upon the circumstances in each case [305 ILCS 5/11-8.2].
c) All hearings will be conducted by:
1) An impartial hearing officer authorized by the Secretary to
consider issues under appeal covered by this Part; or
2) A Public Aid Committee for General and Transitional
Assistance appeals outside the City of Chicago.
d) The hearing shall be open to such persons as the hearing
officer or the Public Aid Committee deems necessary and proper for the orderly
and efficient conduct of the hearing.
e) The Department shall provide reasonable accommodations under
the Americans with Disabilities Act (42 USC 12101) for access to and
participation in a hearing.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 14
PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 14.21 REPRESENTATION
Section 14.21 Representation
The appellant may appear without
representation at the hearing or may be represented by legal counsel or other
authorized representative, in which case the appellant need not be present at
the hearing. The representative must have a written authorization signed by
the appellant prior to any action taken on behalf of the appellant. The action
or inaction of an authorized representative shall be deemed to be action or
inaction of the appellant.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 14
PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 14.22 APPELLANT PARTICIPATION IN HEARING
Section 14.22 Appellant
Participation in Hearing
a) The appellant shall have the opportunity to:
1) Present evidence and witnesses in the appellant's behalf.
2) Refute testimony or other evidence and cross-examine
witnesses.
b) If an appellant dies before the date of hearing, the appeal
process may be pursued by someone acting responsibly in the appellant's behalf.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 14
PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 14.23 EVIDENTIARY REQUIREMENTS
Section 14.23 Evidentiary
Requirements
The hearing shall not be bound
by common law or statutory rules of evidence, or by technical or formal rules
of procedure, but shall be conducted in a manner best calculated to conform to
substantial justice.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 14
PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 14.30 SUBPOENAS
Section 14.30 Subpoenas
Subpoenas must be requested by
the appellant prior to the hearing. Subpoenas may be granted at the discretion
of the hearing officer or other assistance hearing administrator if a hearing
officer has not been appointed.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 14
PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 14.35 AMENDMENT OF APPEAL
Section 14.35 Amendment of
Appeal
A request to amend an appeal may
be made in writing prior to the hearing, or at the hearing. The appeal may be
amended only if, in the judgment of the hearing officer, the amendment is
germane to the subject matter of the original request for an appeal hearing.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 14
PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 14.40 CONSOLIDATION OF APPEALS
Section 14.40 Consolidation
of Appeals
a) The Department may consolidate a number of individual appeals
for the purpose of conducting a single group hearing if it is determined that
all of the appeals involve the same issue or similar issues, and the only
issues in question are the application of State or federal law or policy.
b) An appellant may withdraw from the group and present an appeal
individually if, in the judgment of the hearing officer, it is warranted by the
circumstances.
c) The Department may consolidate a number of appeals filed by
the same individual into a single hearing.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 14
PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 14.45 POSTPONEMENT OR CONTINUATION OF HEARINGS
Section 14.45 Postponement
or Continuation of Hearings
a) The Department may postpone or continue a hearing as provided
in this Section. As used in this Section, a "postponement" is a
decision not to convene the hearing on its scheduled date. A
"continuance" is a decision not to proceed with a hearing that has convened.
b) A request for postponement or continuance may be made by the
appellant or the appellant's authorized representative. Except for the
appellant's request for the first postponement of a food stamp appeal, a
request to postpone a hearing must be in writing and received by the Bureau of
Assistance Hearings at least 2 business days prior to the scheduled hearing
date. A request for postponement made less than 2 business days prior to the
scheduled hearing date will be granted only upon showing of good cause as
defined in Section 14.60(e).
c) If the request for a continuance or postponement is granted,
the Bureau of Assistance Hearings shall schedule a hearing as early as is
reasonably practicable and shall notify the parties of the new date, time and
place of the hearing.
d) Requirements for Requests
1) In a food stamp appeal the appellant's first request for
postponement or continuance does not require showing of good cause or timely
submission.
2) In a non-food stamp appeal, the appellant's first request for
postponement or continuance does not require a showing of good cause, but a
request for postponement does require timely submission.
3) All subsequent requests for postponement or continuance will
be granted only upon timely submission and showing of good cause. Good cause
to postpone or continue a hearing includes, but is not limited to, the reasons
set forth in Section 14.60(e).
4) Except for the first request for a postponement in a food
stamp appeal, unless notified that the postponement has been granted, the
appellant and representatives are expected to appear at the hearing. Failure
to appear shall cause the dismissal of the appeal as set forth in Section
14.60.
e) At the hearing, the hearing officer may grant a request to
continue when the party or representative shows that good cause exists for not
proceeding with the hearing. If the request is based on the unavailability of
witnesses and/or documentary evidence, the hearing officer may defer ruling on
the request until after the available evidence on the issues of the case has
been presented.
(Source: Amended at 25 Ill. Reg. 14860, effective October 30, 2001)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 14
PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 14.50 WITHDRAWAL OF APPEAL
Section 14.50 Withdrawal of
Appeal
An appeal may be withdrawn by
the appellant either prior to or at the hearing. A withdrawal must be in
writing and signed by the appellant or entered on the record.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 14
PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 14.55 CLOSING OF HEARING RECORD
Section 14.55 Closing of
Hearing Record
At the adjournment of the
hearing, the record shall be closed and no further evidence may be submitted.
Prior to adjournment of the hearing, a request to leave the record open for a
specified period for the submittal of additional evidence specifically identified
during the hearing may be granted by the hearing officer. Copies of any
evidence presented after the hearing shall be provided to all parties.
(Source: Amended at 25 Ill. Reg. 14860, effective October 30, 2001)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 14
PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 14.60 DISMISSAL OF APPEAL
Section 14.60 Dismissal of
Appeal
a) An appeal shall be dismissed if:
1) The appellant or the appellant's authorized representative
does not appear at the time, date and place designated for the hearing; or
2) The appellant or the appellant's authorized representative
fails or refuses to proceed with the hearing.
b) The appellant shall be informed of the dismissal by written
notice.
c) When an appellant whose assistance has been continued
unchanged as a consequence of a request for a hearing does not appear at a
scheduled hearing, and fails to advise the Department or Public Aid Committee
of his or her inability to attend, the Department shall proceed with the
planned change in assistance and/or food stamp benefits. This action will not
be taken if the Department determines that there was good cause for the
appellant's absence. (See subsection (e) below).
d) Request to vacate a dismissal must be in writing and signed
by the appellant or the appellant's authorized representative. Such requests
must be filed with the Bureau of Assistance Hearings not more than 10 days after
the date of the dismissal notice.
e) Dismissals shall be vacated only if good cause for
non-appearance is shown. Good cause is defined as:
1) death in the family;
2) personal injury or illness that reasonably prohibits the
appellant from attending the hearing; or
3) sudden and unexpected emergency or other circumstances beyond
the appellant's control that reasonably prevent the appellant from attending
the hearing.
f) Disposition by dismissal is a Final Administrative Decision.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 14
PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 14.70 FINAL ADMINISTRATIVE DECISION
Section 14.70 Final
Administrative Decision
a) Following the hearing, a Final Administrative Decision will be
made by the Secretary that either upholds or does not uphold the appealed
action or determines that the Department lacks jurisdiction. A copy of the
decision shall be mailed to the appellant and any representative.
b) If the appeal involves Public Assistance issues or both food
stamp and Public Assistance issues, the Department shall issue and implement a
Final Administrative Decision within 90 days after receipt of a notice of
appeal and request for a hearing, unless additional time is required and
allowed by the program's rules for a proper disposition of the appeal. This
time period shall be extended by any delay in the hearing process caused by the
appellant.
c) If the appeal involves food stamps but not Public Assistance,
the Department shall issue and implement a Final Administrative Decision within
60 days after receipt of a notice of appeal and request for a hearing, unless
additional time is required and allowed by the program's rules for a proper
disposition of the appeal. This time period shall be extended by any delay in
the hearing process caused by the appellant.
d) When the appealed action is not upheld, the Department shall
take appropriate action, in accordance with the decision, including
authorization of retroactive assistance benefits, if necessary. In food stamp
cases, if the decision results in an increase in household benefits, the
increase shall be reflected in the food stamp benefit amount within 10 days
after receipt by the local office of the hearing decision. If the decision
results in a decrease of food stamp benefits, the decrease shall be reflected
in the next scheduled issuance following receipt of the hearing decision.
e) A Final Administrative Decision, released by the Department or
a Public Aid Committee, is reviewable only through the Circuit Courts of the
State of Illinois.
f) After a Final Administrative Decision is released, no petition
for rehearing or reconsideration is allowed. Neither the filing of any such
motion, or correspondence in the nature of such a motion, nor any response by
the Department to such correspondence or motion will delay the time for filing
of a complaint in the Circuit Court.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 14
PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 14.80 PUBLIC AID COMMITTEE
Section 14.80 Public Aid
Committee
In each county a Public Aid
Committee to consider appeals shall have the following composition:
a) In counties under township organization (except Cook County),
the Committee shall consist of the Chairman of the County Board and 4 County
Board members.
b) In Cook County, the Public Aid Committee shall consist of 5
Supervisors of General Assistance appointed by the President of the Cook County
Board of Commissioners from townships outside the City of Chicago.
c) In Commission form counties, the Public Aid Committee shall
consist of the County Board of Commissioners.
SUBPART B: RESPONSIBLE RELATIVE AND JOINT PAYEE PETITIONS
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 14
PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 14.100 RESPONSIBLE RELATIVE AND JOINT PAYEE PETITIONS
Section 14.100 Responsible
Relative and Joint Payee Petitions
Sections 14.101 and 14.102 apply
to all petitions of responsible relatives for release from or modification of
Administrative Support Orders, or to contest determinations of the amount of
past-due support or of the share of jointly-owned funds (see 305 ILCS 5/10-13).
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 14
PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 14.101 PETITION FOR HEARING
Section 14.101 Petition for
Hearing
a) Any responsible relative aggrieved by an administrative
support order entered, determination of past-due support or determination of
the share of jointly-owned funds made by the Department may petition for a
hearing for release from or modification of the order or to contest the
determination.
b) The petition under subsection (a) above shall be filed within
30 days after the date of mailing of such order or determination. The day
immediately following the mailing of the order or determination shall be considered
as the first day and the day the petition is received by the Department shall
be considered as the last day in computing the 30 day appeal period.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 14
PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 14.102 CONDUCT OF ADMINISTRATIVE SUPPORT HEARINGS
Section 14.102 Conduct of
Administrative Support Hearings
a) Hearing De Novo
The hearing shall be de novo and the Department's
determination of liability or non-liability pursuant to the hearing shall be
independent of the prior determination of liability.
b) Rules Governing Hearing
Hearings on petitions for release from or modification of the
Administrative Support Order shall be governed by Sections 14.10 through 14.70,
except that "appellant" as used within those Sections shall refer to
the responsible relative who petitions.
SUBPART C: FOOD STAMP ADMINISTRATIVE DISQUALIFICATION HEARINGS
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 14
PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 14.300 SUSPECTED INTENTIONAL VIOLATION OF THE PROGRAM
Section 14.300 Suspected
Intentional Violation of the Program
If the documentation supports
the claim of intentional violation of the program, the Department shall send
the individual a notice of suspected intentional violation of the program and
of the opportunity to waive the administrative disqualification hearing.
Examples of this documentation include statements made by a household member on
his application, statements made by a household member and recorded in his case
record by the caseworker, and statements made by an employer indicating
employment of a household member that conflicts with information on the
household member's application. Based upon an evaluation of the facts, the
Department may refer cases of suspected intentional violation for criminal
prosecution. Factors considered by the Department in its evaluation include,
but are not limited to, the dollar amount at issue, evidence of willful intent
to defraud, and the weight of the evidence.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 14
PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 14.310 ADVANCE NOTICE OF ADMINISTRATIVE DISQUALIFICATION HEARING
Section 14.310 Advance
Notice of Administrative Disqualification Hearing
The Department shall provide
written notice to a household member suspected of intentional violation of the
food stamp program at least 30 days in advance of the date an administrative
disqualification hearing has been scheduled. The notice shall contain:
a) The date, time and place of hearing.
b) The charge against the household member.
c) A summary of the evidence and how and where it can be
examined.
d) A warning that the decision will be based solely on
information provided by the food stamp office if the household member fails to
appear.
e) A statement that the household member or representative will
have 10 days after the date of the hearing to present good cause for failure to
appear in order to receive a new hearing. (See Section 14.60(e) for definition
of good cause.)
f) A warning that a determination of intentional violation of the
program will result in a 12 month disqualification for the first violation, 24
month disqualification for the second violation, and a permanent disqualification
for the third violation, and a statement of which penalty the Department
believes is applicable to the case scheduled for hearing.
g) A listing of the household member's rights.
h) A statement that the hearing does not preclude a prosecution
for civil or criminal fraud.
i) A statement that the individual can call the food stamp
office to get the name and phone number of someone who can give free legal
advice.
The household member is also
sent a waiver of right to an administrative disqualification hearing pursuant
to 7 CFR 273.16(f). If the household member wishes to waive the right to a
hearing, that individual must sign the waiver and return it to the Department
within 20 days after the date of notification.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 14
PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 14.320 POSTPONEMENT OF HEARING
Section 14.320 Postponement
of Hearing
The household member is entitled
to one postponement of up to 30 days. If the hearing is postponed, the 90 day
time limit for issuing a decision shall be extended for as many days as the
hearing is postponed.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 14
PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 14.330 ADMINISTRATIVE DISQUALIFICATION HEARING PROCEDURES
Section 14.330
Administrative Disqualification Hearing Procedures
a) The Department shall conduct a hearing, issue a decision, and
notify the household member and local office of the decision within 90 days
after the date the household member is notified in writing of the scheduling of
an administrative disqualification hearing.
b) The hearing shall be conducted by an impartial hearing
officer.
c) The household has the same rights during an administrative
disqualification hearing that it has during a fair hearing. (See Section
14.22.) In addition to the fair hearing rights, the household member shall be
informed of the individual's right to remain silent concerning the charge, and
that anything said or signed by the individual concerning the charge can be
used against him or her in a court of law.
d) The hearing procedures shall be published and made available
to any interested party.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 14
PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 14.340 FAILURE TO APPEAR
Section 14.340 Failure to
Appear
If the household member or
representative cannot be located or fails to appear at the scheduled hearing
without good cause, the hearing shall be conducted without the household member
represented. Even though the household member is not represented, the hearing
officer is required to consider the evidence and determine if an intentional
violation of the program was committed based on clear and convincing evidence.
If a determination of intentional violation of the program is made, and no
proof of receipt of the scheduling notice has been obtained, the household
member has 30 days after the date of the written notice of the hearing decision
to request a new hearing based on a showing of non-receipt of the scheduling
notice. In all other instances, the household member has 10 days after the
date of the scheduled hearing to present reasons showing good cause for failure
to appear. (See Section 14.60(e) for definition of good cause.) The Bureau of
Assistance Hearings shall determine if the household member had good cause for
not appearing and make a determination as to whether a new hearing should be
scheduled.
(Source: Amended at 25 Ill. Reg. 15253, effective October 31, 2001)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 14
PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 14.350 PARTICIPATION WHILE AWAITING A HEARING
Section 14.350 Participation
While Awaiting a Hearing
A pending administrative
disqualification hearing shall not affect the individual's or the household's
right to be certified and participate in the program. Eligibility and level of
benefits are determined in the usual manner while the administrative disqualification
hearing is pending. The household member suspected of intentional violation of
the program is eligible until a hearing officer issues a decision that the
individual committed an intentional violation of the program.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 14
PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 14.360 CONSOLIDATION OF ADMINISTRATIVE DISQUALIFICATION HEARING WITH FAIR HEARING
Section 14.360 Consolidation
of Administrative Disqualification Hearing with Fair Hearing
A fair hearing and an
administrative disqualification hearing may be combined into a single hearing
if the factual issues arise out of the same or related circumstances and the
household received prior notice that the hearings will be combined. If a single
hearing is held, the time line standards for administrative disqualification
hearings, as set out in this Subpart, shall be followed.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 14
PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 14.370 ADMINISTRATIVE DISQUALIFICATION HEARING DECISION AND NOTICE OF DECISION
Section 14.370
Administrative Disqualification Hearing Decision and Notice of Decision
a) The hearing officer shall base the decision on whether there
is clear and convincing evidence that the household member intentionally
violated the program.
b) If the hearing officer finds that the household member
intentionally violated the program, that member shall be sent a notice which
shall include the decision and the reason for the decision.
c) The Department shall notify the household of the date the
disqualification takes effect and the status of remaining eligible household
members.
d) If the hearing officer finds that the household member did not
intentionally violate the program, the household member shall be sent a notice
informing that member that any over-issuance received by that household will be
collected through an unintentional household error claim by the Department.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 14
PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 14.380 APPEAL PROCEDURE
Section 14.380 Appeal
Procedure
The hearing officer's decision
is the Final Administrative Decision. No further administrative appeal
procedure exists after a finding of intentional violation of the program by an
administrative disqualification hearing or after a household member signs a
waiver of right to an administrative disqualification hearing. A fair hearing
decision cannot reverse a disqualification decision under Subpart C. However, a
household member is entitled to seek relief from a disqualification decision in
a court having appropriate jurisdiction.
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