§2790.30. Informal Compliance Procedures and Pre-Hearing Conferences

a)         If the Executive Director receives a complaint or other information which s/he believes to be reliable, indicating that an applicant or an institution is, or may be, in violation of applicable laws, regulations, special arrangements, agreements, rules or limitations, the Executive Director may call the matter to the attention of the applicant or the institution and may provide a reasonable opportunity to:

 

1)         respond to the complaint or other information;

 

2)         show that the matter has been corrected; or

 

3)         submit an acceptable plan to correct the violation and prevent its recurrence.

 

b)         The procedures provided in this Part for limitation, suspension or termination need not be delayed during the informal compliance procedure if the Executive Director believes the:

 

1)         delay would have an adverse effect on any or all programs administered by ISAC; or

 

2)         informal compliance procedure will not result in a correction of the alleged violation.

 

c)         The purpose of a pre-hearing conference is to allow the parties to settle or narrow the dispute.

 

1)         The pre-hearing conference may be convened at the request of ISAC, the affected applicant or institution or the hearing officer.

 

2)         The scope of a pre-hearing conference is to discuss matters relating to the proposed action, including settlement without a hearing, or the narrowing of legal or factual issues to be resolved at the hearing.

 

3)         The pre-hearing conference is not subject to any procedural requirements except as may be mutually agreed upon by ISAC, the applicant and/or the institution.

 

4)         The pre-hearing conference may be held in any manner, including telephone conference call, an informal meeting or written submission of materials from the applicant or the institution to the ISAC official.

 

5)         As a result of the pre-hearing conference, the ISAC official and the applicant or the institution may enter into a prehearing agreement whereby both the ISAC official and the applicant or the institution stipulate in writing, signed by the parties, to certain facts, points of law, regulations, or policies and procedures.

 

6)         The Executive Director and the applicant or the institution may enter into a written consent agreement which fully or partially settles the dispute between the parties.  The consent agreement may specify that any pending hearing shall be canceled.

 

7)         A violation of any of the provisions of the consent agreement shall constitute the basis for a termination action against an applicant or an institution.

 

(Source:  Amended at 22 Ill. Reg. 11123, effective July 1, 1998)