8 Ill. Adm. Code 217.160
Default or Termination of Grant Agreement
Section 217.160 Default or Termination of Grant
Agreement
a) If
the grantee violates any of the terms of the grant agreement, the Department
shall send a written notice to the grantee that the grantee is in default. The
grantee will be given the opportunity to correct the violations. If the
grantee has not implemented a corrective action plan within 15 calendar days
after receipt of the notification, the Director may do one or more of the
following:
1) Cease
additional grant payments not yet made to the grantee;
2) Terminate
the grant agreement;
3) Institute
recovery of the grant funds under the Illinois Grant Funds Recovery Act [30
ILCS 705];
4) Take
any other action considered appropriate to protect the Department's interest in
the project.
b) A
grant may be terminated by the Department under, but termination is not limited
to, any of the following circumstances:
1) failure
to comply with the terms and conditions of the grant agreement;
2) repeated
failure to submit required reports;
3) misapplication
of grant funds;
4) failure
to provide the equity contribution required by Section 217.130;
5) evidence
of fraud and abuse;
6) failure
to maintain required records;
7) repeated
failure to meet performance timelines or standards; and
8) failure
to develop and implement a corrective action plan within 15 calendar days after
the Department's notice.
c) The
Department may terminate the grant, in whole or in part, when the Department
determines that the continuation of the project would not produce beneficial
results commensurate with the continued expenditures of funds.
d) The
Department may terminate the grant, in whole or in part, if the Illinois
General Assembly or federal funding source fails to make an appropriation
sufficient to pay the obligation or to allow the Department to operate as
required to fulfill its obligations under the grant, funds are not allocated,
or the funds needed by the Department are insufficient for any reason.
e) The
recipient may refuse or elect not to complete the grant agreement and terminate
the grant. The recipient shall notify the Department of any plans to terminate
the grant in advance of the termination, but no later than 10 days after the
date upon which performance ceases. The Department shall declare due and
payable the total amount of the grant and will cease grant payments for any
reimbursement for which the expenditure was made after the date of termination.