(505 ILCS 92/35)
Sec. 35. Default or termination of grant agreement. (a) If the recipient of a grant violates any of the terms of the grant agreement, the grant administrator shall send a written notice to the recipient that the recipient is in default, and the recipient shall be given the opportunity to correct the violations. (b) If the violation is not corrected within 30 days after receipt of the notification, the grant administrator may take any one or more of the following actions: (1) The grant administrator may declare due and |
| payable the amount of the grant, or any portion of it, and cease additional grant payments not yet made to the grant recipient.
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(2) The grant administrator may take any other action
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| considered appropriate to protect the interest of the project.
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(c) The grant administrator may determine that a recipient has failed to faithfully perform the terms and conditions of the scope of work of the project when:
(1) The grant administrator has notified the
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| recipient in writing of the existence of circumstances such as misapplication of grant funds, failure to match grant funds, evidence of fraud and abuse, repeated failure to meet performance timelines or standards, or failure to resolve negotiated points of the agreement.
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(2) The recipient fails to develop and implement a
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| corrective action plan within 30 calendar days of the grant administrator's notice.
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(d) A grant may be terminated as provided in this subsection:
(1) If there is no appropriation for the grant
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| program for a specific year, all grants for that year will be terminated in full. If there is an insufficient appropriation for the grant program for a specific year, the grant administrator may make proportionate cuts to all recipients.
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(2) If the grant administrator determines that the
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| recipient has failed to comply with the terms and conditions of the grant agreement, the grant administrator may terminate the grant in whole, or in part, at any time before the date of completion.
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(3) If the grant administrator determines that the
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| continuation of the project would not produce beneficial results commensurate with the further expenditure of funds, the grant administrator may terminate the grant in whole, or in part, at any time before the date of completion.
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(4) If the recipient refuses or elects not to
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| complete the grant agreement and terminate the grant, the recipient shall notify the grant administrator within 10 days after the date upon which performance ceases. Upon receipt of the notification, the grant shall be declared terminated, and the grant administrator may declare due and payable the amount of the grant and may cease additional grant payments not yet made to the grantee.
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(e) Any money collected from the default or termination of a grant shall be placed into the Fund and expended for the purposes of this Act.
(Source: P.A. 103-772, eff. 8-2-24.)
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