89 Ill. Adm. Code 270.414
Initiation of an Appeal
Section 270.414 Initiation of an Appeal
Requests for an appeal to contest placement of the
caregiver's identity on the Registry are to be submitted to the Department/other
entity authorized to conduct hearings under this Subpart. These requests are to
be made in writing and signed by the caregiver within 30 calendar days after
the date of the notice from the Department. The request is to be sent via
regular pre-paid, first-class mail, email, facsimile, or other acceptable means
as specified in the notice.
a) The
sole issue on appeal is whether placement of the caregiver's identity on the
Registry is in the public interest.
1) A
copy of the notice to the caregiver, the statement of allegations in the abuse
report, and the substantiation decision in the final investigative report
constitute prima facie evidence of abuse, neglect or financial exploitation for
placement on the Registry, which will be admitted into evidence without further
proof.
2) The
burden of proof belongs to the caregiver to establish by a preponderance of
evidence that placement of his or her identity on the Registry is not in the
public interest, based on the following factors:
A) the
length of time the caregiver has been providing care to the victim;
B) the
relationship between the caregiver and the victim;
C) whether
placement of the caregiver's identity on the Registry is in the victim's best
interest or that of other participants;
D) whether
additional training for the caregiver could remediate the abuse, neglect or
financial exploitation;
E) in the
case of financial exploitation, the value of the assets at issue and whether
restitution was made; or
F) whether
criminal charges were filed against a caregiver and any related outcome.
3) The
administrative law judge will issue a recommendation for final administrative
decision based on the record as a whole and will have the discretion to
determine whether placement of the caregiver's identity on the Registry is in
the public interest.
b) The
Department will be represented by a person designated by the Director.