Except as provided in Section
102.270,
any person who has been found guilty of a criminal violation of Article VIIIA
of the Illinois Public Aid Code [305 ILCS 5 /Art. VIIIA] or of any law of the
United States or of any state which is substantially similar to Sections 8A-2
through 8A-5 for violations related to public assistance programs and who has
not previously been convicted for a criminal violation of Article VIIIA or of
any law of the United States or of any state which is substantially similar to
Sections 8A-2 through 8A-5 for violations related to public assistance programs
shall be subject to the provisions of this Section upon filing a subsequent
application for public assistance under AFDC, AABD, Refugee Assistance, or the
GA program (in the City of Chicago).
a) The application will be reviewed by an
Administrative Review Board (ARB) prior to approval or disapproval. The ARB
shall consist of the Local Office Administrator of the local office where the
application is made and a representative of the Zone Office, appointed by the
Zone Office Administrator.
b) The
review by the ARB shall be for the purpose of determining the person's
eligibility for assistance and to determine whether any additional
administrative safeguards are required to prevent any future violations of
Article VIIIA.
c) The review shall
be informal. The applicant will be notified, in writing, of the review at least
five days in advance. The review will be held in the county where the applicant
resides. The applicant may attend the review, and may bring other persons to
the review to speak on his or her behalf, including an attorney, relatives or
friends. The review shall be open to the public, unless the applicant and the
ARB determine otherwise. The review shall be held within such a time as not to
delay the decision on the application beyond the time allowed under State and
Federal law and regulations. (See 89 Ill. Adm. Code
110.20 ).
d) If the ARB determines the applicant is not
eligible for public assistance, based on applicable eligibility factors of the
program or programs for which the applicant is applying, the applicant will be
notified in the same manner as other applicants. The applicant shall be
entitled to appeal any decision of denial. (The grounds for appeal and appeal
procedure to be followed is found at 89 Ill. Adm. Code
102 and
104.)
e) If the ARB determines the applicant is
eligible for public assistance, the ARB shall also determine what
administrative safeguards, if any, are required to ensure that the person does
not commit further violations of Article VIIIA. Such safeguards shall be based
on the individual factors of each case and may include, but are not limited to,
more frequent home visits, more frequent reports regarding financial or other
factors, appointment of a substitute payee, or any other actions which are
permitted by State and Federal law and regulations.
f) The applicant will be notified, in
writing, of the decision of the ARB and an explanation of the administrative
safeguards required in his or her case. The applicant shall be entitled to
appeal any decision of the ARB.
g)
The ARB shall review the necessity for any administrative safeguard every six
months. At the review, the necessity to continue or reverse the administrative
safeguards will be determined.