(410 ILCS 255/8) (from Ch. 111 1/2, par. 7558)
Sec. 8.
Rules.
(a) The Department shall promulgate such rules as it deems
necessary to carry out its responsibilities under this Act and under
relevant federal laws and regulations. Such rules shall include provisions
governing the administrative appeal process for any vendor, former vendor,
individual, firm,
corporation, partnership, sole proprietorship, association, commercial
enterprise, business entity, or legal entity that
accepts Food Instruments or receives credit or payment for Food Instruments and
that is subject to
sanctions for violations of this Act or the rules
promulgated thereunder. If there is
a conflict between the provisions relating to penalties and the conduct of
administrative hearings under this Act and federal law, the provisions of
federal law shall prevail.
(b) The provisions of the Illinois Administrative Procedure Act are hereby
expressly adopted and shall apply to all administrative
rules and procedures of the Department under this Act,
except that in case of conflict between the Illinois Administrative
Procedure Act and this Act the provisions of this Act shall control, and
except that Section 5-35 of the Illinois Administrative
Procedure Act relating to procedures for rule-making does not apply to the
adoption of any rule required by federal law in connection with which the
Department is precluded by law from exercising any discretion.
(Source: P.A. 91-691, eff. 4-13-00.)
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