Public Act 93-0295
SB1542 Enrolled LRB093 05947 DRJ 06044 b
AN ACT in relation to public health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Aid Code is amended by
changing Section 11-8 as follows:
(305 ILCS 5/11-8) (from Ch. 23, par. 11-8)
Sec. 11-8. Appeals - to whom taken. Applicants or
recipients of aid may, at any time within 60 days after the
decision of the County Department or local governmental unit,
as the case may be, appeal a decision denying or terminating
aid, or granting aid in an amount which is deemed inadequate,
or changing, cancelling, revoking or suspending grants as
provided in Section 11-16, or determining to make a
protective payment under the provisions of Sections 3-5a or
4-9, or a decision by an administrative review board to
impose administrative safeguards as provided in Section 8A-8.
An appeal shall also lie when an application is not acted
upon within the time period after filing of the application
as provided by rule of the Illinois Department.
If an appeal is not made, the action of the County
Department or local governmental unit shall be final.
Appeals by applicants or recipients under Articles III,
IV, or V shall be taken to the Illinois Department.
Appeals by applicants or recipients under Article VI
shall be taken as follows:
(1) In counties under township organization (except
such counties in which the governing authority is a Board
of Commissioners) appeals shall be to a Public Aid
Committee consisting of the Chairman of the County Board,
and 4 members who are township supervisors of general
assistance, appointed by the Chairman, with the advice
and consent of the county board.
(2) In counties in excess of 3,000,000 population
and under township organization in which the governing
authority is a Board of Commissioners, appeals of persons
from government units outside the corporate limits of a
city, village or incorporated town of more than 500,000
population, and of persons from incorporated towns which
have superseded civil townships in respect to aid under
Article VI, shall be to the Cook County Townships Public
Aid Committee consisting of 2 township supervisors and 3
persons knowledgeable in the area of General Assistance
and the regulations of the Illinois Department pertaining
thereto and who are not officers, agents or employees of
any township, except that township supervisors may serve
as members of the Cook County Township Public Aid and
Committee. The 5 member committee shall be appointed by
the township supervisors. The first appointments shall be
made with one person serving a one year term, 2 persons
serving a 2 year term, and 2 persons serving a 3 year
term. Committee members shall thereafter serve 3 year
terms. In any appeal involving a local governmental unit
whose supervisor of general assistance is a member of the
Committee, such supervisor shall not act as a member of
the Committee for the purposes of such appeal, and the
Committee shall select another township supervisor to
serve as an alternate member for that appeal. The
township whose action, inaction, or decision is being
appealed shall bear the expenses related to the appeal as
determined by the Cook County Townships Public Aid
Committee. A township supervisor's compensation for
general assistance or township related duties shall not
be considered an expense related to the appeal except for
expenses related to service on the Committee.
(3) In counties described in paragraph (2) appeals
of persons from a city, village or incorporated town of
more than 500,000 population shall be to the Illinois
Department.
(4) In counties not under township organization,
appeals shall be to the County Board of Commissioners
which shall for this purpose be the Public Aid Committee
of the County.
In counties designated in paragraph (1) the Chairman or
President of the County Board shall appoint, with the advice
and consent of the county board, one or more alternate
members of the Public Aid Committee. All regular and
alternate members shall be Supervisors of General Assistance.
In any appeal involving a local governmental unit whose
Supervisor of General Assistance is a member of the
Committee, he shall be replaced for that appeal by an
alternate member designated by the Chairman or President of
the County Board, with the advice and consent of the county
board. In these counties not more than 3 of the 5 regular
appointees shall be members of the same political party
unless the political composition of the Supervisors of the
General Assistance precludes such a limitation. In these
counties at least one member of the Public Aid Committee
shall be a person knowledgeable in the area of general
assistance and the regulations of the Illinois Department
pertaining thereto. If no member of the Committee possesses
such knowledge, the Illinois Department shall designate an
employee of the Illinois Department having such knowledge to
be present at the Committee hearings to advise the Committee.
In every county the County Board shall provide facilities
for the conduct of hearings on appeals under Article VI. All
expenses incident to such hearings shall be borne by the
county except that in counties under township organization in
which the governing authority is a Board of Commissioners (1)
the salary and other expenses of the Commissioner of Appeals
shall be paid from General Assistance funds available for
administrative purposes, and (2) all expenses incident to
such hearings shall be borne by the township and the per diem
and traveling expenses of the township supervisors serving on
the Public Aid Committee shall be fixed and paid by their
respective townships. In all other counties the members of
the Public Aid Committee shall receive the compensation and
expenses provided by law for attendance at meetings of the
County Board.
In appeals under Article VI involving a governmental unit
receiving State funds, the Public Aid Committee and the
Commissioner of Appeals shall be bound by the rules and
regulations of the Illinois Department which are relevant to
the issues on appeal, and shall file such reports concerning
appeals as the Illinois Department requests.
An appeal shall be without cost to the appellant and
shall be made, at the option of the appellant, either upon
forms provided and prescribed by the Illinois Department or,
for appeals to a Public Aid Committee, upon forms prescribed
by the County Board; or an appeal may be made by calling a
toll-free number provided for that purpose by the Illinois
Department and providing the necessary information. The
Illinois Department may assist County Boards or a
Commissioner of Appeals in the preparation of appeal forms,
or upon request of a County Board or Commissioner of Appeals
may furnish such forms. County Departments and local
governmental units shall render all possible aid to persons
desiring to make an appeal. The provisions of Sections
11-8.1 to 11-8.7, inclusive, shall apply to all such appeals.
(Source: P.A. 92-111, eff. 1-1-02.)
Section 99. Effective date. This Act takes effect upon
becoming law.