Section 338.100 The Administrative Hearing

Section 338

Section 338.100  The

Administrative Hearing

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2)         the appeal has been withdrawn in writing;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

us 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

ing 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.