Ill. Admin. Code tit. 32, § 120.150 - Administrative Requirements for Grants
a) Termination of Grant - Grants shall be
terminated for the following reasons:
1)
Termination Due to Loss of Funding - In the absence of State funding for a
fiscal year, all grants for that year will be terminated in full. In the event
of a partial loss of State funding, the Department will make proportionate cuts
to all grantees. In the event the Department suffers such a loss of funding in
full or part, the Department will give the grantee written notice setting forth
the effective date of full or partial termination or, if a change in funding is
required, setting forth the change in funding and changes in the approved
budget.
2) Termination for Cause
A) If the Department determines that the
grantee has failed to comply with the terms and conditions of the grant, the
Department shall terminate the grant in whole, or in part, at any time before
the date of completion. Circumstances that will result in the termination of a
grant include, but are not necessarily limited to, the following: consistent
failure to submit required reports; failure to maintain required records;
evidence of fraud and abuse; and consistent failure to meet performance
standards. These circumstances are explained in the Agreement.
B) The Department shall notify the grantee in
writing, within 10 working days after the determination to terminate, of the
reasons for the termination and the effective date of the termination. Payments
made to the grantee or recoveries by the Department shall be made in accordance
with legal rights and liabilities in the Agreement.
3) Termination by Agreement - The Department
and the grantee shall terminate the grant in whole or in part when the
Department and the grantee agree that the continuation of the program
objectives would not produce beneficial results commensurate with the future
expenditure of funds. The Department and the grantee shall agree upon
termination conditions, including the effective date, and, in the case of
partial termination, the portion to be terminated. The grantee shall not incur
new obligations for the terminated portion after the effective date, and shall
cancel as many outstanding obligations as possible. The Department shall allow
full credit to the grantee for the Department's share of the noncancelable
obligations, properly incurred by the grantee prior to termination.
b) Interest on Grant Funds - In
accordance with Section 10 of the Illinois Grant Funds Recovery Act
[30 ILCS
705/10 ], all interest earned on funds held by the
grantee under the grant shall become part of the grant when earned, as long as
this amount does not exceed the maximum allowable grant award. Any interest
earned under the grant, and not expended as grant principal during the term of
the grant, shall be returned to the Department.
c) Grant Close-out - In accordance with
Section 4 of the Illinois Grant Funds Recovery Act [30 ILCS
705/4 ], all funds, including any interest, remaining
at the end of the grant period or at the expiration of the period of time grant
funds are available for expenditure or obligation by the Grantee, shall be
returned to the Department within 45 days after the end of the relevant period.
The grantee agrees to repay the Department for any funds that are determined by
the Department to have been spent in violation of the Agreement.
d) Audits - A grantee shall be responsible
for securing a compliance audit for any grant award exceeding $300,000.
Additionally, an audit may be required when certain risk conditions exist,
including, but not limited to, a negative compliance history and disclosure of
previous material audit findings. The audit shall be performed by an
independent certified public accountant, licensed by authority of the State of
Illinois pursuant to the Illinois Public Accounting Act [225 ILCS 450 ]. The
audit shall be conducted in accordance with generally accepted auditing
standards contained in the publication entitled AICPA Professional Standards,
American Institute of Certified Public Accountants, Harborside Financial
Center, 201 Plaza 3, Jersey City, New Jersey 07311 (June 2001, no later
editions are incorporated).
e)
Special Audits - The Department reserves the right to conduct special audits,
including but not limited to an agency-wide audit, at any time during normal
working hours, of the funds expended under Department grants.
f) Monitoring and Evaluation - Grantee shall
permit any agent authorized by the Department, upon presentation of
credentials, in accordance with the constitutional limitation on administrative
searches, to have full access to, and the right to examine, any documents,
papers, and records of the grantee involving transactions related to a grant
from the Department. Once the Department has concluded its monitoring
activities, the grantee will be notified of the Department's findings. If a
determination of noncompliance has been made by the Department, the grantee
will be allowed an opportunity to cure any and all noncompliance issues. If any
noncompliance issues cannot be resolved, the Department will issue a notice
requesting that the grantee repay any funds that are determined by the
Department to have been spent in violation of the Agreement. If the grantee
fails to comply with the Department's notice, the Department shall issue a
final notice providing the grantee the opportunity to request an administrative
hearing pursuant to the Department's Administrative Hearing Rules found at 56
Ill. Adm. Code 2605.
g) Complaint
Process - An administrative hearing is initiated by a party serving a Petition
for Hearing on the Department, or by the Department serving a Notice of Charges
on the grantee. In either case, the Department and the grantee shall follow the
Administrative Hearing Rules as set forth in 56 Ill. Adm. Code 2605.
h) Certifications - The grantee shall certify
that it has not been barred from contracting with a unit of State or local
government as a result of a violation of 720 ILCS 5/33E-3 and 33 E-4.
i) Reports - Grantee shall submit, as
required by the Department, reports on the financial status of the project and
reports on outcomes and results of the project.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.