(30 ILCS 705/8)
(from Ch. 127, par. 2308)
Formal Procedures for Recovery.
(a) If a grantor agency determines
that certain grant funds are to be recovered, then, prior to taking any
action to recover the grant funds, the grantor agency shall provide the
grantee of the funds a written notice of the intended recovery. This notice
shall identify the funds and the amount to be recovered and the specific
facts which permit recovery.
(b) A grantee shall have 35 days from the receipt of the notice required
in paragraph (a) of this Section to request a hearing to show why recovery
is not justified or proper.
(c) If a grantee requests a hearing pursuant to paragraph (b) of this Section, then:
(1) the grantor agency shall hold a hearing at which the grantee (or his
representative) may present evidence and witnesses to show why recovery
should not be permitted; and
(2) after the conclusion of the hearing, the grantor agency shall issue
a written final recovery order and send a copy of the order to the grantee.
(d) A grantee may seek judicial review of any final recovery order, pursuant
to the provisions of the Administrative Review Law.
(e) If a grantee requests a hearing pursuant to paragraph (b) of this
Section then the grantor agency may not take any action of recovery until
at least 35 days after the grantor agency has issued a final recovery order
pursuant to the requirements of paragraph (c) of this Section.
If a grantee does not request a hearing as permitted in paragraph (b) of
this Section, then the grantor agency may proceed with recovery of the grant
funds identified in the notice issued pursuant to the requirements of paragraph
(a) of this Section, at any time after the expiration of the 35-day request
period established in paragraph (b) of this Section.
(f) Any notice or mailing required or permitted by this Section shall
be deemed received 5 days after the notice or mailing is deposited in the
United States mail, properly addressed with the grantee's current business
address and with sufficient U.S. postage affixed.
(Source: P.A. 83-640.)