PART104. PRACTICE IN ADMINISTRATIVE HEARINGS  


SUBPART A. ASSISTANCE APPEALS
§ 104.1. Assistance Appeals
§ 104.10. Initiation of Appeal Process
§ 104.11. Pre-Appeal Review
§ 104.12. Notice of Hearing
§ 104.20. Conduct of Hearings
§ 104.21. Representation
§ 104.22. Appellant Participation in Hearing
§ 104.23. Evidentiary Requirements
§ 104.30. Subpoenas
§ 104.35. Amendment of Appeal
§ 104.40. Consolidation of Appeals
§ 104.45. Postponement or Continuation of Hearings
§ 104.50. Withdrawal of Appeal
§ 104.55. Closing of Hearing Record
§ 104.60. Dismissal of Appeal
§ 104.70. Final Administrative Decision
§ 104.74. Surety Bonds
§ 104.75. Immediate Suspension of a Vendor
§ 104.80. Public Aid Committee
SUBPART B. RESPONSIBLE RELATIVE AND JOINT PAYEE PETITIONS
§ 104.100. Support Order, Responsible Relative and Joint Payee Petitions
§ 104.101. Petition for Hearing
§ 104.102. Conduct of Administrative Support Hearings
§ 104.103. Conduct of Hearings to Contest the Determination of Past-Due Support or of a Failure of a Licensee to Comply with a Subpoena or Warrant in a Paternity or Child Support Proceeding or of Share of Jointly-Owned Federal or State Income Tax Refunds or Other Joint Federal or State Payments
§ 104.104. Conduct of Other Hearings
§ 104.105. Conduct of Hearings on Petitions for Release from Administrative Paternity Orders
§ 104.106. Conduct of Hearings on Petitions for Family Financial Responsibility Driving Permits
§ 104.110. Conduct of Hearings on Joint Owner's Contest of Levy of Jointly-Owned Personal Property
SUBPART C. MEDICAL VENDOR AND ALTERNATE PAYEE HEARINGS
§ 104.200. Applicability
§ 104.202. Definitions
§ 104.204. Notice of Denial of an Application
§ 104.205. Notice of Informal Review of the Request for Appeal for Ambulance Service Provider
§ 104.206. Notice of Intent to Recover Money
§ 104.207. Notice of Contested Paternity Hearing
§ 104.208. Notice of Intent to Terminate, Suspend, Exclude or Not Renew Provider Agreement or to Revoke Alternate Payee
§ 104.209. Notice of Intent to Certify Past-Due Support Owed by a Responsible Relative to, or Failure to Comply with a Subpoena or Warrant from, a State Licensing Agency and to Take Disciplinary Action [Repealed]
§ 104.210. Right to Hearing
§ 104.211. Notice of Termination or Suspension Pursuant to Exclusion by the Department of Health and Human Services
§ 104.212. Prior Factual Determinations
§ 104.213. Demand for Judicial Determination of the Existence of the Father and Child Relationship
§ 104.215. Notice of Formal Conference
§ 104.216. Formal Conference on Recovery of Money
§ 104.217. Purpose of Formal Conference
§ 104.220. Notice of Hearing
§ 104.221. Issues at Hearings
§ 104.225. Legal Counsel
§ 104.226. Appearance of Attorney or Other Representative
§ 104.230. Notice, Service and Proof of Service
§ 104.231. Form of Papers
§ 104.235. Discovery
§ 104.240. Conduct of Hearings
§ 104.241. Amendments
§ 104.242. Motions
§ 104.243. Subpoenas
§ 104.244. Burden of Proof
§ 104.245. Witness at Hearings
§ 104.246. Evidence at Hearings
§ 104.247. Cross-Examination
§ 104.248. Disqualification of Hearing Officers
§ 104.249. Genetic Testing in Contested Paternity Hearings
§ 104.250. Official Notice
§ 104.255. Computer Generated Documents
§ 104.260. Recommendation of Peer Review Committee
§ 104.270. Time Limits for Hearings
§ 104.271. Continuances and Extensions
§ 104.272. Withholding of Payments and Release of Withholds
§ 104.273. Continuation of Payments During Pendency of Proceedings
§ 104.274. Denial of Payments for Services During Pendency of Proceedings
§ 104.280. Record of Hearings
§ 104.285. Failure to Appear or Proceed
§ 104.290. Recommended Decision
§ 104.295. Director's Decision
SUBPART D. RULES FOR JOINT DEPARTMENT ACTIONS AGAINST SKILLED NURSING FACILITIES AND INTERMEDIATE CARE FACILITIES PARTICIPATING IN THE MEDICAID PROGRAM
§ 104.300. Authority
§ 104.302. Definitions
§ 104.304. Department Actions Against Nursing Homes Facilities
§ 104.310. Certification
§ 104.320. Joint Administrative Hearing
§ 104.330. Facilities Certified Under Both Medicare and Medicaid
SUBPART E. FOOD STAMP ADMINISTRATIVE DISQUALIFICATION HEARINGS
§ 104.400. Suspected Intentional Violation of the Program
§ 104.410. Advance Notice of Administrative Disqualification Hearing
§ 104.420. Postponement of Hearing
§ 104.430. Administrative Disqualification Hearing Procedures
§ 104.440. Failure to Appear
§ 104.450. Participation While Awaiting a Hearing
§ 104.460. Consolidation of Administrative Disqualification Hearing with Fair Hearing
§ 104.470. Administrative Disqualification Hearing Decision and Notice of Decision
§ 104.480. Appeal Procedure
SUBPART F. INCORPORATION BY REFERENCE
§ 104.800. Incorporation By Reference
SUBPART G. UNAUTHORIZED USE OF MEDICAL ASSISTANCE
§ 104.900. Unauthorized Use of Medical Assistance
§ 104.910. Definitions
§ 104.920. Applicability
§ 104.930. Notice of Intent to Recover Money
§ 104.940. Request for Hearing
§ 104.950. Representation
§ 104.960. Conduct of Hearings
§ 104.970. Recommended Decision
§ 104.980. Final Administrative Decision
SOURCE: Filed and effective December 30, 1977; emergency rule at 2 Ill. Reg. 11, p. 151, effective March 9, 1978, for a maximum of 150 days; amended at 2 Ill. Reg. 21, p. 10, effective May 26, 1978; amended at 2 Ill. Reg. 33, p. 57, effective August 17, 1978; peremptory amendment at 3 Ill. Reg. 11, p. 38, effective March 1, 1979; amended at 4 Ill. Reg. 21, p.80, effective May 8, 1980; peremptory amendment at 5 Ill. Reg. 1197, effective January 23, 1981; amended at 5 Ill. Reg. 10753, effective October 1, 1981; amended at 6 Ill. Reg. 894, effective January 7, 1982; codified at 7 Ill. Reg. 5706; amended at 8 Ill. Reg. 5274, effective April 9, 1984; amended (by adding Sections being codified with no substantive change) at 8 Ill. Reg. 16979; amended at 8 Ill. Reg. 18114, effective September 21, 1984; amended at 10 Ill. Reg. 10129, effective June 1, 1986; amended at 11 Ill. Reg. 9213, effective April 30, 1987; amended at 12 Ill. Reg. 9142, effective May 16, 1988; amended at 13 Ill. Reg. 3944, effective March 10, 1989; amended at 13 Ill. Reg. 17013, effective October 16, 1989; amended at 14 Ill. Reg. 18836, effective November 9, 1990; amended at 15 Ill. Reg. 5320, effective April 1, 1991; amended at 15 Ill. Reg. 6557, effective April 30, 1991; amended at 16 Ill. Reg. 12903, effective August 15, 1992; amended at 16 Ill. Reg. 16632, effective October 23, 1992; amended at 16 Ill. Reg. 18834, effective December 1, 1992; emergency amendment at 17 Ill. Reg. 659, effective January 7, 1993, for a maximum of 150 days; amended at 17 Ill. Reg. 7025, effective April 30, 1993; amended at 18 Ill. Reg. 11260, effective July 1, 1994; amended at 19 Ill. Reg. 1321, effective January 30, 1995; emergency amendment at 19 Ill. Reg. 10268, effective July 1, 1995, for a maximum of 150 days; emergency amendment at 19 Ill. Reg. 15521, effective October 30, 1995, for a maximum of 150 days; amended at 19 Ill. Reg. 15711, effective November 6, 1995; amended at 20 Ill. Reg. 1229, effective December 29, 1995; amended at 20 Ill. Reg. 5699, effective March 28, 1996; amended at 20 Ill. Reg. 14891, effective November 1, 1996; emergency amendment at 21 Ill. Reg. 8671, effective July 1, 1997, for a maximum of 150 days; emergency amendment at 21 Ill. Reg. 9306, effective July 1, 1997, for a maximum of 150 days; amended at 21 Ill. Reg. 13648, effective October 1, 1997; amended at 21 Ill. Reg. 14977, effective November 7, 1997; emergency amendment at 22 Ill. Reg. 17113, effective September 10, 1998, for a maximum of 150 days; amended at 23 Ill. Reg. 2393, effective January 22, 1999; emergency amendment at 23 Ill. Reg. 11734, effective September 1, 1999, for a maximum of 150 days; amended at 24 Ill. Reg. 2418, effective January 27, 2000; amended at 25 Ill. Reg. 5351, effective April 1, 2001; amended at 26 Ill. Reg. 9836, effective June 26, 2002; emergency amendment at 26 Ill. Reg. 11022, effective July 1, 2002, for a maximum of 150 days; amended at 26 Ill. Reg. 12306, effective July 26, 2002; amended at 26 Ill. Reg. 17743, effective November 27, 2002; amended at 27 Ill. Reg. 5853, effective March 24, 2003; amended at 27 Ill. Reg. 13771, effective August 1, 2003; amended at 28 Ill. Reg. 2735, effective February 1, 2004; emergency amendment at 29 Ill. Reg. 2735, effective February 7, 2005, for a maximum of 150 days; amended at 29 Ill. Reg. 10187, effective June 30, 2005; amended at 31 Ill. Reg. 2387, effective January 19, 2007; amended at 32 Ill. Reg. 16797, effective October 6, 2008; amended at 33 Ill. Reg. 6283, effective April 15, 2009; amended at 35 Ill. Reg. 2030, effective January 21, 2011; amended at 35 Ill. Reg. 12900, effective July 25, 2011; amended at 36 Ill. Reg. 7530, effective May 7, 2012; amended at 36 Ill. Reg. 9086, effective June 11, 2012; emergency amendment at 36 Ill. Reg. 10195, effective July 1, 2012 through June 30, 2013; amended at 37 Ill. Reg. 10172, effective June 27, 2013; amended at 37 Ill. Reg. 12838, effective July 24, 2013; expedited correction at 37 Ill. Reg. 16034, effective July 24, 2013; amended at 41 Ill. Reg. 4263, effective March 30, 2017.

Notation

AUTHORITY: Implementing Sections 11-8 through 11-8.7, 12-4.9 and 12-4.25 and authorized by Section 12-13 of the Illinois Public Aid Code [305 ILCS 5/11-8 through 11-8.7, 12-4.9, 12-4.25 and 12-13].