Section 1560.40  Administration of Non-Federal Grant Funds

a)         All implementing agencies shall operate in conformance with the following State laws, when applicable, hereby incorporated by reference:  the Illinois Grant Funds Recovery Act [30 ILCS 705]; the Illinois Procurement Code [30 ILCS 500]; and the State Comptroller Act [15 ILCS 405].  The laws and rules incorporated by reference in this subsection do not include any subsequent amendments or editions.  The Authority shall maintain a copy of said incorporated materials and shall make them available for public inspection or copying upon request at no more than cost.

b)         Notwithstanding subsection (c) below, the Executive Director shall suspend performance of any interagency agreement for a period not to exceed 28 days where there has been a determination of nonconformance with any federal or State law or rule, such laws specified in subsection (a) above, or the terms or conditions of the agreement.  The Executive Director shall reinstate performance of an agreement that has been so suspended if the nonconformance is corrected within 28 days from the date of suspension.  However, notwithstanding subsection (c) below, an interagency agreement, for which performance has been suspended, shall be terminated by the Executive Director if performance of the interagency agreement is not reinstated within 28 days from its suspension.  Written notice of all such actions by the Executive Director shall be submitted to the implementing agency and members of the Budget Committee as soon as possible, but within 5 working days.

c)         Upon the request of an implementing agency, the Executive Director shall extend the length of time performance of an interagency agreement may be suspended beyond 28 days for an additional period not to exceed 14 days, if the nonconformance for which the performance of the agreement was suspended can be corrected within the extension period and the correction would result in fulfillment of the terms of the agreement.  An extension shall be granted by the Executive Director only with the consent of the Chairman of the Budget Committee or in the event the Chairman of the Budget Committee is unavailable for consultation, the Chairman of the Authority.  Since an extension granted by the Executive Director pursuant to this subsection is initiated by the implementing agency, it shall not be deemed an adverse action under this Part. However, an interagency agreement, for which the period of suspended performance has been extended pursuant to this subsection, shall be terminated by the Executive Director if performance of the interagency agreement has not been reinstated by the Executive Director before the extension period has expired.  Termination may then be appealed as provided by Section 1560.60.  Written notice of all such action by the Executive Director shall be submitted to the implementing agency and members of the Budget Committee as soon as possible, but within  5 working days.

d)         The Executive Director shall immediately terminate any interagency agreement for any reason of nonconformance specified in subsection (b) above, if performance of the agreement has been suspended on at least one prior occasion or if such nonconformance cannot be corrected by the implementing agency in less than 28 days from the date of termination.  Written notice of termination by the Executive Director shall be submitted to the implementing agency and members of the Budget Committee as soon as possible, but within 5 working days.

e)         The Executive Director shall approve any revision to an interagency agreement if action is necessary to fulfill the terms of the agreement.  Material revisions shall be reported to the Budget Committee members at or before the next Budget Committee meeting.  However, if a request by an implementing agency for a material revision to an interagency agreement is denied by the Executive Director, written notice of denial shall be submitted to the implementing agency and members of the Budget Committee as soon as possible, but within 5 working days.

(Source:  Amended at 24 Ill. Reg. 8243, effective May 30, 2000)