Section 1327.210  Administration of Grant Program Funds

a)         All Grant Program recipients shall operate in conformance with the following State statutes, when applicable:  the Illinois Grant Funds Recovery Act [30 ILCS 705]; Grant Accountability and Transparency Act [30 ILCS 708]; the Illinois Procurement Code [30 ILCS 500]; and the State Comptroller Act [15 ILCS 405].

b)         Grant funds shall:

1)         not be awarded to cover or reimburse costs for exceeding the applicable grade of service;

2)         not be released until a consolidation plan has been approved for the requestor;

3)         only be spent or reimbursed in accordance with the approved request; and

4)         if not spent, be repaid to the State in accordance with the Grant Funds Recovery Act [30 ILCS 705] and 89 Ill. Adm. Code 511.

c)         Notwithstanding subsection (d), the Department will suspend performance of any Grant Agreement for a period not to exceed 28 days when there has been a determination of nonconformance with any federal or State law or rule, or the terms or conditions of the Grant Agreement.  The Department will reinstate performance of a Grant Agreement that has been suspended if the nonconformance is corrected within 28 days after the date of suspension.  However, notwithstanding subsection (d), a Grant Agreement for which performance has been suspended will be terminated by the Department if performance of the Grant Agreement is not reinstated within 28 days after its suspension.  Written notice of all such actions by the Department will be submitted to the Grant Program recipient and the Administrator as soon as possible, but within 5 working days.

d)         Upon the request of a Grant Program recipient, the Department will extend the length of time performance of a Grant 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 Grant Agreement was suspended can be corrected within the extended period and the correction would result in fulfillment of the terms of the Grant Agreement.  An extension will be granted by the Department only with the consent of the Administrator.  Since an extension granted by the Department pursuant to this subsection is initiated by the Grant Program recipient, it shall not be deemed an adverse action under this Part.  However, a Grant Agreement for which the period of suspended performance has been extended pursuant to this subsection shall be terminated by the Department if performance of the Grant Agreement has not been reinstated by the Department before the extension period has expired.  Written notice of all such action by the Department will be submitted to the Grant Program recipient and the Administrator as soon as possible, but within 5 working days.

e)         The Department will immediately terminate any Grant Agreement for any reason of nonconformance specified in subsection (c), if performance of the Grant Agreement has been suspended on at least one prior occasion or if such nonconformance cannot be corrected by the Grant Program recipient in less than 28 days from the date of termination.  Written notice of termination by the Department will be submitted to the Grant Program recipient and Administrator as soon as possible, but within 5 working days.

f)         The Department will approve any revision to a Grant Agreement if action is necessary to fulfill the terms of the Grant Agreement.  Material revisions shall be reported to the Advisory Board members at or before the next Advisory Board meeting.  However, if a request by a Grant Program recipient for a material revision to a Grant Agreement is denied by the Department, written notice of denial shall be submitted to the Grant Program recipient and Administrator as soon as possible, but within 5 working days.