Sec. 8. Formal Procedures for Recovery.

346 words·~2 min read·/il/chapter-30/act-705/8

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)If a grantor agency determines that certain grant funds are to be recovered, then, prior to taking any action to recover the grant funds, the grantor agency shall provide the grantee of the funds a written notice of the intended recovery. This notice shall identify the funds and the amount to be recovered and the specific facts which permit recovery.

(b)A grantee shall have 35 days from the receipt of the notice required in paragraph

(a)of this Section to request a hearing to show why recovery is not justified or proper.

(c)If a grantee requests a hearing pursuant to paragraph

(b)of this Section, then:

(1)the grantor agency shall hold a hearing at which the grantee (or his representative) may present evidence and witnesses to show why recovery should not be permitted; and

(2)after the conclusion of the hearing, the grantor agency shall issue a written final recovery order and send a copy of the order to the grantee.

(d)A grantee may seek judicial review of any final recovery order, pursuant to the provisions of the Administrative Review Law.

(e)If a grantee requests a hearing pursuant to paragraph

(b)of this Section then the grantor agency may not take any action of recovery until at least 35 days after the grantor agency has issued a final recovery order pursuant to the requirements of paragraph

(c)of this Section.

If a grantee does not request a hearing as permitted in paragraph

(b)of this Section, then the grantor agency may proceed with recovery of the grant funds identified in the notice issued pursuant to the requirements of paragraph

(a)of this Section, at any time after the expiration of the 35-day request period established in paragraph

(b)of this Section.

(f)Any notice or mailing required or permitted by this Section shall be deemed received 5 days after the notice or mailing is deposited in the United States mail, properly addressed with the grantee's current business address and with sufficient U.S. postage affixed.