Current through Register Vol. 48, No. 38, September 20, 2024
a) The Administrator of the Administrative
Hearings Unit may grant a request for a hearing only when:
1) the original written request for appeal
was postmarked within 15 calendar days after the date of notice to the
appellant that the Department has denied the appellant's application for a
foster family home license; and
2)
the issue is within the jurisdiction of the Administrative Hearings Unit as set
forth in Sections
338.30 and
338.40 of
this Part.
b) The
Administrator of the Administrative Hearings Unit may dismiss a request for an
administrative hearing for the following reasons only:
1) the Administrator has determined that no
genuine issue of material fact exists pursuant to Section
338.90;
2) the appeal has been withdrawn in
writing;
3) the appeal has been
abandoned. Abandonment shall be deemed to have occurred if the appellant, the
appellant's authorized representative, or an individual legally authorized to
act on behalf of the appellant fails to appear at the hearing, and the
appellant does not have an adequate cause for failing to appear. Adequate cause
for failing to appear at an administrative hearing may include, but is not
limited to:
A) death in the family of the
appellant or in the family of the appellant's representative;
B) serious illness of the appellant or the
appellant's representative or serious illness in either person's immediate
family;
C) transportation
difficulties that make it impossible for the appellant or representative to
appear at the hearing;
D) failure
of the Department to give notice of the hearing to the appellant or
representative at the last known address available to the Department. However,
it is the appellant's responsibility to keep the Department updated on any
change of address;
4)
the issue is not within the jurisdiction of the Administrative Hearings Unit as
set forth in Sections
338.30 and
338.40 of
this Part;
5) the request for the
appeal was not postmarked within 15 calendar days after the date of the notice
that the application for license was denied; or
6) the appellant failed to notify the
Administrator of the Administrative Hearings Unit of a change of address, and a
notice of the administrative hearing cannot be delivered.
c) If the appeal is not dismissed, the appeal
shall be scheduled for hearing.
d)
The Department shall provide written notice of the decision to grant or deny
the request for an administrative hearing within 20 calendar days after receipt
of the request for an administrative hearing. If the Administrator of the
Administrative Hearings Unit finds that the issue is not appealable under this
Part but can be appropriately heard through another appeal process, in
accordance with 89 Ill. Adm. Code 435, Administrative Appeals and Hearings, the
Department shall forward the appeal to the proper hearing authority and notify
the appellant of this action.
e)
The Administrator of the Administrative Hearings Unit shall:
1) schedule the hearing at a date within a
reasonable time period after the Administrator determines a genuine issue of
material fact exists;
2) ensure
that the administrative hearing is scheduled at a time and place reasonably
convenient for all parties. If the parties cannot agree to a reasonably
convenient time and place, the Administrator shall make this determination and
proceed to schedule the hearing; and
3) provide a written notice to the appellant
at least 15 calendar days before the scheduled hearing, which shall contain the
following information:
A) the date, time and
location of the hearing;
B) a
statement that the failure of the appellant or the appellant's representative
to appear at the hearing without adequate cause may be deemed an abandonment of
the request, thus constituting a waiver by the appellant of the right to a
hearing; and
C) a statement of the
parties' rights during the appeal process.
