Section 254.398 Opportunity for Hearing

Section 254

Section 254.398  Opportunity

for Hearing

Any eligible recipient

dissatisfied with the status or disposition of any application for approval and

funding or any claim for reimbursement, or any audit conducted by the State

Board of Education, may request a review of such status or disposition through

the following appeal procedure:

a)         Step 1.

1)         Within 30 days of notification by the State Board of Education

of the status or disposition in question, the chief administrator of the

eligible recipient dissatisfied with such status or disposition shall submit a

written request for review to the State Board of Education stating the reasons

for such request.

2)         Within 15 days of receipt of such a request, the status or

disposition in question will be reviewed by the Assistant Superintendent or

designated staff of the State Board of Education and a written response made to

the eligible recipient.

b)         Step 2.

1)         The written response required in Step 1 shall include a notice

of opportunity for a hearing which informs the recipient of the right to a hearing

pursuant to the provisions of the Illinois Administrative Procedure Act (Ill.

Rev. Stat. 1991, ch. 127, pars. 1001-1 et seq.).  The notice shall also contain

a copy of the rules adopted by the State Board of Education governing

administrative hearings (23 Ill. Adm. Code 475 (Contested Cases and Other

Formal Hearings)).  The formal hearing will be conducted in accordance with the

Administrative Procedure Act and these rules.

2)         The Vocational Education Act permits further appeal under

judicial review of the State Board of Education's final decision:

"If

any eligible recipient is dissatisfied with the final action of the State Board

. .

Ill. Adm. Code 475 (Contested Cases and Other

Formal Hearings)).  The formal hearing will be conducted in accordance with the

Administrative Procedure Act and these rules.

2)         The Vocational Education Act permits further appeal under

judicial review of the State Board of Education's final decision:

"If

any eligible recipient is dissatisfied with the final action of the State Board

. . . with respect to approval of its local application, such eligible

recipient may, within sixty days after such final action or notice thereof,

whichever is later, file with the United States Court of Appeals for the

circuit in which the state is located a petition for review of that

action."

(20 U.S.C. 2464 (c))