Ill. Admin. Code tit. 89 § 14.70

Current through Register Vol. 48, No. 44, November 1, 2024

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.

Ill. Admin. Code tit. 89, § 14.70