AUTHORITY: Implementing Section 5-15 of the Illinois Administrative Procedure Act [5 ILCS 100] and authorized by Section 4.01 of the Illinois Act on the Aging [20 ILCS 105].

SOURCE: Adopted at 5 Ill. Reg. 3722, effective March 31, 1981; codified at 8 Ill. Reg. 12885; amended at 43 Ill. Reg. 13289, effective October 30, 2019; amended at 45 Ill. Reg. 8276, effective June 24, 2021.

SUBPART A: PUBLIC INFORMATION

 

Section 725.10  Rules of General Application

 

a)         The Department's rules are available on the Illinois General Assembly website. Requests for information regarding the Department's rules should be directed to:

 

Office of General Counsel

Illinois Department on Aging

One Natural Resources Way, #100

Springfield, Illinois 62702

Aging.Rulemaking@illinois.gov

 

b)         The Department's rules are found at:

 

2 Ill. Adm. Code, Part 725, Public Information, Rulemaking and Organization;

2 Ill. Adm. Code, Part 726, Access to Information of the Department on Aging;

4 Ill. Adm. Code, Part 1725, Americans With Disabilities Act and Civil Rights Program Grievance Procedure;

86 Ill. Adm. Code, Part 530, Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act;

89 Ill. Adm. Code, Part 210, Introduction;

89 Ill. Adm. Code, Part 220, General Programmatic Requirements;

89 Ill. Adm. Code, Part 230, Older Americans Act Programs;

89 Ill. Adm. Code, Part 240, Community Care Program;

89 Ill. Adm. Code, Part 270, Adult Protection and Advocacy Services;

89 Ill. Adm. Code, Part 271, Joint Rules of The Department on Aging and The Department of Financial and Professional Regulation: Financial Exploitation Training by Financial Institutions; and

89 Ill. Adm. Code, Part 280, Community Based Residential Facilities Demonstration Project.

 

(Source:  Amended at 43 Ill. Reg. 13289, effective October 30, 2019)

 

Section 725.20  Operating Manuals

 

The Department's operating procedures and policies are contained in policy and procedure manuals and in policy and procedure letters.  Copies of these materials may be published on the Department's website.  Requests for information regarding the Department's operating procedures and policies not published on the Department's website should be directed to:

 

FOI Officer

Illinois Department on Aging

One Natural Resources Way, #100

Springfield, Illinois 62702

Aging.FOIA@illinois.gov

 

(Source:  Amended at 43 Ill. Reg. 13289, effective October 30, 2019)

 

Section 725.30  Public Information

 

Current informational documents and brochures about subjects and activities of the programs administered by the Department may be published on the Department's website.  (See 5 ILCS 100/5-15(a)(2))  Requests for information and copies of current informational documents and brochures not published on the Department's website should be directed to:

 

FOI Officer

Illinois Department on Aging

One Natural Resources Way, #100

Springfield, Illinois 62702

Aging.FOIA@illinois.gov

 

(Source:  Amended at 43 Ill. Reg. 13289, effective October 30, 2019)

 

Section 725.40  Materials to Aid Users with Finding and Using Department Rules

 

Tables of contents, indices, reference tables, and other materials to aid users in finding and using the agency's collection of rules currently in force are available on the Illinois General Assembly website. (See 5 ILCS 100/5-15(a)(3))  Requests for information regarding materials not available on the websites of the Illinois General Assembly and the Department should be directed to:

 

Office of General Counsel

Illinois Department on Aging

One Natural Resources Way, #100

Springfield, Illinois 62702

Aging.Rulemaking@illinois.gov.

 

(Source:  Amended at 43 Ill. Reg. 13289, effective October 30, 2019)

 

Section 725.50  Individual Case Record Information

 

a)         Information concerning individuals receiving services through programs administered by the Department and/or by the area agency is protected under federal and State confidentiality laws and rules  and Department rules, policies and procedures and may be released only under specified conditions.

 

b)         Where information covered by federal and State confidentiality laws and rules and/or Department rules, policies and procedures is furnished by or to other agencies, such laws, rules, policies and procedures shall be applied to such information.

 

(Source:  Amended at 43 Ill. Reg. 13289, effective October 30, 2019)

SUBPART B: RULEMAKING

 

Section 725.110  Identification of Need for Rulemaking

 

a)         When the Department identifies a need for rulemaking, all rulemaking including rules, amendments, and repealers will be prepared in accordance with the Illinois Administrative Procedure Act [5 ILCS 100] and the Rulemaking Procedures for Codification (1 Ill. Adm. Code 100).  Please refer to Table A.

 

b)         Proposed rulemaking of any type shall be coordinated by the General Counsel to the Director before submission to the Administrative Code Unit of the Illinois State Library.  The General Counsel shall coordinate all rulemaking for the Department with the Joint Committee on Administrative Rules.

 

c)         Public hearings may be conducted on proposed rulemaking.

 

d)         All timely public comments shall be considered by the Director during the first notice period.  Comments must be received by the contact person designated for receipt of comments for the rulemaking by 5:00 p.m. on the closing date to be timely.

 

(Source:  Amended at 43 Ill. Reg. 13289, effective October 30, 2019)

 

Section 725.120  Requests for Adoption of Rules

 

Any person may request the Department adopt a new rule or amend or repeal a rule currently in effect.

 

a)         The written request needs to:

 

1)         Identify the current rule to be amended or repealed or state the substance of the new rule proposed,

 

2)         Include an explanation and any supporting documentation, and

 

3)         Identify the requestor's organizational affiliation, if any.

 

b)         Requests should be directed to:

 

Office of the Director c/o Office of General Counsel

Illinois Department on Aging

One Natural Resources Way, #100

Springfield, Illinois 62702

Aging.Rulemaking@illinois.gov

 

c)         The request will be considered by the Department and if the Department initiates rulemaking based on the request, the Department may notify the requestor.

 

d)         The request is denied if the Department either notifies the requestor of its denial or does not initiate rulemaking proceedings on the subject of the request within 30 calendar days.

 

(Source:  Amended at 43 Ill. Reg. 13289, effective October 30, 2019)

 

Section 725.130  Rulemaking Proceedings

 

If the Department determines rulemaking should be pursued, the necessary steps for filing and publication, as specified in the Illinois Administrative Procedure Act [5 ILCS 100] shall be followed.

 

(Source:  Amended at 43 Ill. Reg. 13289, effective October 30, 2019)

SUBPART C: ORGANIZATION STRUCTURE

 

Section 725.210  Department Organization

 

a)         The organization and duties of the Department staff are established by the Director, as provided by Section 6.05 of the Illinois Act on Aging [20 ILCS 105/6.05].

 

b)         The organization of the Department is illustrated in the organization chart in Table B.

 

(Source:  Added at 43 Ill. Reg. 13289, effective October 30, 2019)




 

Section 725.TABLE A  Rulemaking Chart

 



 

(Source:  Added at 43 Ill. Reg. 13289, effective October 30, 2019)




 

Section 725.TABLE B  Organization Chart

 

 

Director

Chief of Staff

Office of Deputy Director

Division of Finance and Administration

Office of General Counsel

Office of Internal Auditor

Office of State Ombudsman

Office of Human Resources

Division of Planning, Research & Development

Division of Information Technology

Division of Home & Community Services

Office of Communications

Division of Community Relations & Outreach

Office of Legislative Affairs

Division of Advocacy & Prevention Services

 

(Source:  Amended at 45 Ill. Reg. 8276, effective June 24, 2021)