Section 508.10  Authority − Applicability of This Part

a)         This Part on practice and procedure for administrative hearings is promulgated pursuant to Section 5-10(a)(i) of the Illinois Administrative Procedure Act (IAPA) [5 ILCS 100/5-10(a)(i)].  This Part shall apply to all administrative hearings of the Department of Human Services governed by the Department's rules at 59 Ill. Adm. Code 50 (Office of the Inspector General Investigations of Alleged Abuse or Neglect in State-Operated Facilities and Community Agencies), 59 Ill. Adm. Code 101.75 (Conduct of Hearings and Appeals for Bogard et al. v Bradley et al. Consent Decree Class Members), 59 Ill. Adm. Code 115 (Standards and Licensure Requirements for Community-Integrated Living Arrangements), 59 Ill. Adm. Code 116 (Administration of Medication in Community Settings), 59 Ill. Adm. Code 117 (Family Assistance and Home-Based Support Programs for Persons with Mental Disabilities), 59 Ill. Adm. Code 119 (Minimum Standards for Certification of Developmental Training Programs), 77 Ill. Adm. Code 672 (WIC Vendor Management Code),  77 Ill. Adm. Code 2060 (Alcoholism and Substance Abuse Treatment and Intervention Licenses), 89 Ill. Adm. Code 511 (Grants and Grant Funds Recovery), 89 Ill. Adm. Code 527 (Recovery of Misspent Funds) and 89 Ill. Adm. Code 530 (Criteria for the Evaluation of Programs of Services in Community Rehabilitation Programs).   All contested cases and licensing actions therein that are required by law to be preceded by a notice and opportunity to be heard shall be governed by this Part.

b)         Where a statute or rule prescribes certain alternative procedures or requirements for hearings, those procedures or requirements will be followed as though they were set forth in this Part.  In the event there is a conflict between the statute or rule and this Part, the more specific rule or statute shall prevail.

(Source:  Amended at 41 Ill. Reg. 6562, effective May 26, 2017)