Section 310.10  Authority and Purpose

 

a)         Authority

            The Human Rights Authority exists as a division of the Guardianship and Advocacy Commission created by the Guardianship and Advocacy Act [20 ILCS 3955], and shall consist of as many regional authorities as the Commission may see fit to appoint pursuant to Section 5(a) of the Act.

 

b)         Purpose

            Each regional authority shall investigate all nonfrivolous complaints within its authority and competence alleging that the rights of an eligible person have been violated and may conduct investigations upon its own initiative if it has reason to believe the rights of a person have been violated (Section 16 of the Act).  For purposes of this Part criteria for investigation will include but not be limited to violations of the Mental Health and Developmental Disabilities Code [405 ILCS 5], the Mental Health and Developmental Disabilities Confidentiality Act [740 ILCS 110] and the Nursing Home Care Act [210 ILCS 45].

 

(Source:  Amended at 24 Ill. Reg. 13029, effective August 21, 2000)

 

Section 310.20  General Provisions

 

a)         Definitions of Terms - As used in this Part, unless the context requires otherwise:

 

            "Act" means the Guardianship and Advocacy Act [20 ILCS 3955].

 

            "Chairperson" means the Chairperson of a Regional Human Rights Authority.

 

            "Commission" means the Guardianship and Advocacy Commission.

 

            "Complainant" means any person or entity who files a complaint with an authority or member of an authority.

 

            "Complaint" means any allegation that the rights of an eligible person have been or may have been violated which is initiated by or communicated to a regional authority or member of an authority.

 

            "Director" means the Director of the Guardianship and Advocacy Commission.

 

            "Eligible Person" means an individual who has received, is receiving, has requested, or may be in need of mental health services, or is "developmentally disabled" as defined in the federal "Developmental Disabilities Services and Facilities Construction Act" (42 USC 6001(7)), as now or hereafter amended, or any "person with one or more disabilities" as defined in the Disabled Persons Rehabilitation Act [20 ILCS 2405].

 

            "Frivolous" means a factual allegation which, if true, has no legal consequence nor implies any violation of a right established by law.

 

            "Guardian" means a court appointed guardian or conservator.

 

            "HRA Committee" means the Commissioners appointed by the Chairperson of the Guardianship and Advocacy Commission to oversee the Human Rights Authority program and to propose HRA policy to the Commission.

 

            "Identifiable Data" means any record, document, paper, material, description or other information that discloses the identity of an eligible person or his family.

 

            "Person" means an individual, corporation, partnership, association, unincorporated organization, or a government or any subdivision, agency, or instrumentality of that government;

 

            "Program Director" means the person designated by the Director to coordinate the activities of all regional authorities.

 

            "Regional Authority" means a regional Human Rights Authority.

 

            "Regional Coordinator" means the person designated by the Program Director to assist a specific regional authority in its activities.

 

            "Rights" includes but is not limited to all rights, benefits, and privileges guaranteed by law, the constitution of the State of Illinois, and the constitution of the United States.

 

            "Service Provider" means any public or private facility, center, hospital, clinic, program or any other person devoted in whole or in part to providing services to eligible persons.

 

            "Services" includes examination, diagnosis, evaluation, treatment, care, training, psychotherapy, pharmaceuticals, after-care, habilitation, rehabilitation, and related activities provided for an eligible person.

 

b)         Computation of Time

            In computing any period of time prescribed in this Part, the date of the event from which such period begins to run shall not be included.  If the last day of the period so computed shall fall on a Saturday, Sunday or State holiday, the time period shall continue to run until the next day that is not a Saturday, Sunday or State holiday.

 

c)         Severability

            In the event any provision of this Part is determined by a court or other body of competent jurisdiction to be invalid, that determination shall not affect the remaining provisions that continue in full force and effect.

 

d)         Rules Exclusive

            All procedures or activities employed by a regional authority in exercising its statutorily defined powers and duties shall be governed by this Part.  No regional authority shall adopt policy unless approved by the Commission.  The Commission shall disapprove, pursuant to Section 5(c) of the Act, any action taken by a regional authority contrary to the provisions of this Part.

 

e)         Petition by a Regional Authority for Rule Change

            A regional authority may request that the Commission promulgate, amend or repeal a rule in this Part by submitting a written petition to the Program Director setting forth the particular rulemaking action desired and the reasons in support of that action.  The Program Director shall forward, within 10 days, the petition, together with any observation or comments, to the Director and the HRA Committee that shall, upon consideration, forward its recommendation on the petition to the Commission.  Should the HRA Committee decide to propose to amend or adopt a rule, it shall forward its recommendation to the Chairperson of each regional authority at the same time it is sent to the Commission.

 

(Source:  Amended at 24 Ill. Reg. 13029, effective August 21, 2000)

 

Section 310.30  Membership and Organization

 

a)         Membership

            Each regional authority shall consist of 9 members appointed by the Commission (Section 14 of the Act).

 

b)         Duration of Term

            Members of the regional authorities shall serve for a term of 3 years. No member shall serve for more than 2 consecutive 3 year terms. (Section 14 of the Act) After a one-year absence, if a vacancy occurs on a regional authority the Commission may appoint a former member who satisfactorily served prior terms of appointment.

 

c)         Removal of Member

 

1)         The Commission on its own initiative may remove for incompetence, neglect of duty, or malfeasance in office any member of a regional authority.  (Section 14 of the Act)

 

2)         A regional authority shall recommend to the Commission the removal of one of its members if:

 

A)        the regional authority has given written notice to the member of its intention to recommend removal and the reason for the removal; and

 

B)        the member is given an opportunity at the next regularly scheduled meeting of the authority to explain, either orally or in writing, why a recommendation of removal shall not be made; and

 

C)        a majority vote of the regional authority members in attendance and constituting a quorum of the regional authority at a regularly scheduled or special meeting, for good cause shown, votes to recommend the member's removal; and

 

D)        a written request for removal is made to the Commission with a statement of the reasons for the removal, together with any explanation offered by the member to the members of the regional authority; a copy of the request shall also be forwarded to the member.

 

3)         A member who misses 3 consecutive meetings shall be notified by the regional authority that failure to attend the next meeting, unless for reasons beyond the member's control, shall result in a request for the member's removal.

 

d)         Vacancies

            Vacancies in regional authorities shall be filled within 60 days after declaration of the vacancy in the same manner as original appointments (Section 14 of the Act).  A person appointed to fill a vacancy shall serve for the remainder of the unexpired term. If the remainder of the unexpired term is less than 23 months, the person shall be eligible for 2 additional 3 year terms.

 

e)         Compensation

            Members of the regional authorities shall serve without compensation but shall be reimbursed for actual expenses incurred in the performance of their duties (Section 14 of the Act) in accordance with 80 Ill. Adm. Code 2800.

 

f)         Officers

            At its annual June meeting each regional authority shall elect a chairperson, vice-chairperson, secretary and any other officers it deems necessary. Should circumstances arise to prevent holding the annual meeting in June, the annual meeting shall become the next immediate meeting held by the regional authority.

 

g)         Committees

            A regional authority may establish such committees as it deems necessary to achieve its stated purpose.

 

(Source:  Amended at 25 Ill. Reg. 5628, effective May 1, 2001)

 

Section 310.40  Meetings

 

a)         Annual Meeting

The annual meeting of each regional authority shall convene in June for the purpose of electing officers and for any other business that may be brought before it.

 

b)         Regular Meetings

Each regional authority shall meet not less than once every two months.

 

c)         Special Meetings

Meetings may also be held upon call of the Regional Chairperson or upon written request of any five members of the Regional Authority.

 

d)         Quorum

Five members shall constitute a quorum. (Section 14 of the Act)

 

e)         Voting on Actions

Except as provided in Section 310.50(c) and 310.70(c)(3) and (e), no action shall be taken at any meeting of a regional authority except upon a majority vote of the members in attendance and constituting a quorum.

 

f)         Notice

Each regional authority shall give public notice of its schedule of regular meetings at the beginning of each calendar year, including the dates, times, and places of meetings, if known.  Public notice of any special meeting or reconvened regular meeting shall be given at least 48 hours before the meeting. However, this requirement of public notice of reconvened meetings does not apply to a meeting reconvened within 24 hours or when announcement of the time and place of the reconvened meeting was made at the original meeting and there is no change in agenda.  Public notice shall be given by posting a copy of the notice at the Commission's offices located in Springfield and Chicago, Illinois, and at the regional authority's regional office and at the building where the meeting is to be held.  In addition, an authority shall provide notice of its meetings to any newspaper or radio or television station that requests notice.

 

g)         Minutes

Minutes of each meeting shall be recorded by the secretary of the authority or designee and a copy retained by the secretary.  The minutes, except as provided by Section 310.80(d), shall be available, within 7 days after their approval, for public inspection at the Commission's offices located in Springfield and Chicago, Illinois and the regional authority's regional office.

 

h)         Location of the Meeting Place

Each regional authority shall conduct meetings at locations within its regional boundaries so as to facilitate participation by the regional authority members and residents of the region.

 

i)          Accessibility of Meeting Place

Each regional authority shall conduct its meetings at facilities that are accessible to the mentally and physically impaired.

 

j)          Public Comment

A portion of each meeting shall be set aside for comments or questions by nonmembers.

 

k)         Open Meetings Act

The meetings of all regional authorities shall be conducted in compliance with the provisions of the Open Meetings Act [5 ILCS 120] and the Illinois Guardianship and Advocacy Act [20 ILCS 3955].

 

(Source:  Amended at 44 Ill. Reg. 1976, effective December 31, 2019)

 

Section 310.50  Complaints

 

a)         Recording Complaints

            Every complaint received by a regional authority shall be recorded in the Human Rights Authority's database.

 

b)         Disposition of Complaints

 

1)         Acceptance

            Except as provided in subsection (c), a decision to investigate a complaint shall be made upon the majority vote of the members in attendance and constituting a quorum at a regularly scheduled or special meeting.

 

2)         Non-Acceptance

            If a regional authority determines that a complaint does not involve the rights of an eligible person or that a complaint is frivolous, the regional authority shall not open the investigation.

 

3)         Postponement

 

A)        If the regional authority determines that its investigation of a complaint would jeopardize pending employment, disciplinary or criminal proceedings, the regional authority's investigation shall be postponed until the proceeding is concluded.

 

B)        If the regional authority determines that a conflict of interest exists for that regional authority under Section 310.90(f), the regional authority's investigation shall be postponed until the Commission authorizes another regional authority to conduct the investigation pursuant to Section 310.60(b).

 

c)         Emergency Complaints

            If it appears necessary for the welfare or protection of the rights of an eligible person, a regional authority may conduct an investigation with the approval of the chairperson and two other members of the regional authority.  A proposed investigation shall be presented for ratification by a majority vote of the members present and constituting a quorum at the next regularly scheduled or special meeting.

 

d)         Notice to Complainant

            A regional authority shall provide a written notice to the complainant that states:

 

1)         a brief summary of the complaint and number assigned to it;

 

2)         whether the regional authority will conduct an investigation; or

 

3)         whether the regional authority will not conduct an investigation, and the reasons for that decision.

 

e)         Complainants Confidentiality

            The regional authority shall keep each complainant's name confidential from outside sources.  If a member of the public or an outside agency requests the name of the complainant, the regional authority shall forward that request to the complainant who shall make the decision regarding disclosure.

 

(Source:  Amended at 42 Ill. Reg. 2050, effective January 11, 2018)

 

Section 310.60  Investigations

 

a)         Policy

All investigations instituted by a regional authority shall be conducted in a timely, thorough, impartial manner in order to assess the action or omission complained of and, if appropriate, to make recommendations based upon that assessment.

 

b)         Jurisdiction

Upon recommendation of the Commission's HRA Committee and at a meeting of which Commissioners have received proper notification and with a quorum present, the Commission may vote to authorize a regional authority to initiate one or more investigations into alleged rights violations occurring outside its regional boundaries.  In the absence of such express authorization, a regional authority may conduct an investigation into the violations of an eligible person's rights only if the violation is alleged to have occurred within its regional boundaries.

 

c)         Approved Investigatory Methods

A regional authority may invoke any or all of the following investigative tools:

 

1)         Site Visits, if the service provider is given advance notice of the visit except when there is reason to believe evidence may be concealed or destroyed;

 

2)         Interviews with relevant parties;

 

3)         Analysis of pertinent information;

 

4)         Public Hearings:

 

5)         Referral

 

A)        Referral to an appropriate federal, state or local governmental unit to undertake or to assist in the investigation.  Any relevant information obtained through such referral shall be included in the regional authority's final report.

 

B)        The chairperson or regional authority member(s) assigned to a case may assign the regional coordinator to assist the member(s) in the investigation.

 

d)         Hearings

A regional authority may conduct hearings when it is necessary to compel testimony or the production of documents relevant to an investigation by persons, service providers or agencies who otherwise decline or when more time or resources would be expended to collect facts relevant to an investigation through the other investigatory methods specified in subsection (c) supra.  The purpose of a public hearing is to obtain information; the regional authority shall not take any formal action at a public hearing. Advance notice of hearings will be made to the Program Director 24 hours after the regional authority makes the decision to hold a hearing.

 

1)         Calling a Hearing

A hearing may be called upon only a majority vote of a the members in attendance and constituting a quorum at a regularly scheduled or special meeting.

 

2)         Notice of Hearing

Notice shall be given of the date, time, location and subject of the hearing in the same manner provided in Section 310.40(f) of this Part.

 

3)         Witnesses

A regional authority may request any person with relevant information to testify at a hearing.

 

A)        Requesting Witnesses to Appear

Witnesses shall be invited either by telephone, letter or personal invitation to attend.  If informal methods are unsuccessful or a majority of a quorum determines that insufficient time exists to employ informal methods, then a witness may be subpoenaed pursuant to Section 310.60(f) of this Part.

 

B)        Documents

A witness may be requested to bring with him any relevant documents provided that confidentiality requirements are met.

 

4)         Conduct of Hearings

 

A)        Hearings

All hearings conducted by a regional authority shall be open to the public except those parts of hearings at which the disclosure of information is contrary to Section 310.80 of this Part.

 

B)        The hearing shall be conducted by such member or members as the regional authority may designate;

 

C)        The hearing shall be conducted as an objective, informal, fact finding process;

 

D)        Any questioning of witnesses shall be conducted by regional authority members;

 

E)        Each witness shall have the right to be accompanied by a family member, friend or other representative, including counsel if desired, who shall be permitted to advise and counsel the witness at any time;

 

F)         Each witness shall be permitted to make any oral statement he wishes at the conclusion of his testimony within reasonable time limitations;

 

G)        Each witness shall be permitted to submit any type of written statement or document for the regional authority's consideration;

 

H)        Prior to a hearing, any person may submit his own name or the name of other persons having information relevant to the investigation to the regional authority for consideration as possible witnesses; however, the decision as to who will be called as witnesses shall be in the sole discretion of the regional authority member or members thereof designated to conduct the hearing;

 

I)         An accurate record, which may be taken by tape recording or other appropriate means, may be kept of the proceedings of any hearing. In any event, a summary or minutes of the proceedings shall be prepared and kept by the regional authority. Upon written request to the chairperson of the regional authority, a witness shall be furnished at a reasonable charge with a transcript of his testimony, if such transcript was made. The record need not be transcribed or printed, except as provided herein, unless the regional authority shall so determine; The witness may listen to the tape at the regional authority's offices, or purchase a duplicate tape at cost.

 

J)         Any decisions to be made as to the mode of proceeding not covered by these Rules shall be the responsibility of the members designated by the regional authority to preside over such hearing;

 

K)        All hearings shall be held in facilities accessible to the mentally and physically impaired.

 

e)         Obtaining records

 

1)         A regional authority will first attempt to obtain records containing data that identifies eligible persons with the written authorization of the eligible person, his guardian or other legal representative.

 

2)         If written authorizations are not secured or an insufficient number of records are obtainable with written authorizations, then a regional authority shall request the production of masked records as provided under Section 18 of the Act and Section 8 of the Mental Health Developmental Disability Confidentiality Act.

 

3)         Only if masked records do not permit the collection of facts relevant to an investigation will a regional authority request to inspect and copy records containing data that identifies an eligible person without written authorization as allowed under Section 18 of the Act and Section 8 of the Mental Health and Developmental Disabilities Confidentiality Act.

 

f)         Subpoenas

            A regional authority may compel by subpoena a witness' attendance when informal attempts to obtain such attendance are unsuccessful or impractical as set forth in Section 310.60(d)(3)(A) of this Part.  All subpoenas shall be prepared by the Commission's General Counsel or his designee to ensure proper legal form.

 

1)         Subpoena Duces Tecum

Any subpoena requiring the attendance and testimony of a witness may also require that documents within the possession or control of that person be produced at the hearing.

 

2)         Time of Service

Subpoenas shall be served upon a person personally or by certified mail.  Unless the regional authority makes a finding that a witness may leave the jurisdiction or be unavailable in the future requiring the immediate testimony of a witness, then a subpoena personally served shall be served no less than seven days prior to the date for appearance and if served by mail, postmarked no later than ten days prior to the date for appearance.

 

3)         Enforcement

Whenever any person knowingly fails or refuses to comply with a subpoena issued in accordance with these rules, a regional authority may request the Director to take such action or institute judicial proceedings to enforce the subpoena as necessary to secure compliance with the terms of the subpoena.

 

g)         Notification of Status of Investigation

 

1)         Acceptance

            If the regional authority decides to investigate a complaint, it shall notify the service provider of its intention to investigate the complaint unless it believes that the advance notice will unduly hinder the investigation or make it ineffectual. When a regional authority notifies the service provider of its intention to investigate, it shall send the service provider a written notice which states a belief summary of the complaint and the number assigned to it.

 

2)         The service provider shall be given at least ten days prior written notice of each public meeting at which the service provider's complaint is on the agenda. Such notification shall also state that the service provider will be given an opportunity to comment.

 

3)         Confidentiality

 

Whenever a complaint is reviewed at a regular or special HRA meeting, the name of the service provider shall not be made public until

A)        the complaint has been officially accepted and

 

B)        the facility has been notified of the investigation.

 

4)         Status

During the course of an investigation, upon the request of the complainant, the provider or any eligible person, the regional authority or regional coordinator shall inform them of actions taken in the course of the investigation. Such status may be discussed at any regular or special meeting of the regional authority subject to Sections 310.70(c) and (d) of this Part.  Any matter so discussed shall be considered discussion only and shall not be binding or regarded as a finding or recommendation of the regional authority.

 

5)         Program Director

During the course of an investigation, the regional authority or regional coordinator shall inform the Program Director monthly of the status of an investigation.

 

(Source:  Amended at 10 Ill. Reg. 7778, effective April 30, 1986)

 

Section 310.70  Recommendations and Findings

 

a)         Report of Findings

            Upon completion of an investigation pursuant to Section 23 of the Act, a regional authority shall prepare a proposed report of findings, including recommendations where appropriate, to be presented for discussion at the next regular meeting or such special meeting that is called to discuss the proposed report.

 

b)         Review by Program Director

            At least ten days prior to the date set by a regional authority for consideration of a proposed report of findings, a copy of the proposed report and any recommendations shall be forwarded to the Program Director for review.  A regional authority shall not adopt a proposed report that has been forwarded to the Program Director less than 10 days prior to the meeting unless the Program Director determines that findings of fact and recommendations are clearly specified and supported by the record.

 

c)         Consideration and Adoption of Report by Regional Authority

 

1)         Except as provided in subsection (c)(3) below, the proposed report of findings and any recommendations shall be considered and adopted by a regional authority only at a regularly scheduled or special meeting upon majority vote of the members in attendance and constituting a quorum.  Any and all proposed findings and recommendations that the regional authority intends to include in the report shall be considered and discussed only in a closed session to insure that the provider, State Agency, or other person investigated shall have an opportunity to review and object to any such proposed public findings and recommendations prior to publication as provided in Section 26 of the Act.

 

2)         The regional authority shall record in its minutes Section 21 of the Act as the statutory basis for the closed session.

 

3)         In the event that there is not quorum present and where the chairperson and a majority of those present deem it necessary to immediately send the report of findings to the service provider, a telephone poll of those not present may be taken for purposes of obtaining a majority vote.  The decision shall be presented for ratification at the next meeting at which a quorum is present.

 

4)         Within ten days of its adoption, the report and any recommendations shall be sent to the providers investigated with notification of the statutory obligation to submit a response to the authority within thirty days from the date of receipt.  This same notification shall inform the provider that the report may be made public after this 30 day response period pursuant to Section 19 and 26 of the Act and of his right under Section 26 of the Act to object to the findings and recommendations of the regional authority.  At the same time, a copy of the report and any recommendations shall be sent to the Program Director for forwarding to the Commission.  The complainant and any eligible person shall, within ten days after the completion of the investigation, be notified of the outcome of the investigation and any action taken thereon.

 

5)         Upon request, the regional Authority should assist a provider in interpreting the report of findings and any recommendations.

 

d)         Public Release of Reports

 

1)         In the interest of fairness to the provider a regional authority shall contact orally or in writing to elicit a response from the provider, before publicly disclosing findings and recommendations.

 

2)         Pursuant to Sections 19 and 26 of the Act and after the 30 days response period has elapsed, the regional authority may make public its report of findings, and any recommendations, upon a majority vote of the members in attendance and constituting a quorum at a regularly scheduled or special meeting.

 

3)         If a response or objection has been received, it shall be attached to the report of findings and any recommendations and may be made public pursuant to Section 26 of the Act only if the provider requests.

 

4)         If no response has been received within the statutory thirty day period, the report of findings and any recommendations may be made public pursuant to Section 26.

 

5)         The provider and complainant shall be notified in writing within 10 days after the case is officially closed.

 

6)         The provider shall be notified if and when the regional authority makes public its report.

 

e)         Closure

            A case shall be closed upon a majority vote of the members in attendance and constituting a quorum at a regularly scheduled or special meeting. In the event that there is no quorum present and where the chairperson and a majority of those present deem it necessary to immediately close the case, a telephone poll of those not present may be taken for purposes of obtaining a majority vote.  The decision shall be presented for ratification at the next meeting at which a quorum is present.

 

(Source:  Amended at 26 Ill. Reg. 8828, effective June 11, 2002)

 

Section 310.80  Confidentiality

 

a)         Policy

Each regional authority shall conduct its meetings and investigations and keep its records in compliance with the requirements of confidentiality as enumerated in subsections (b) through (f) infra in order to uphold the dignity and privacy of eligible persons and their families.

 

b)         Prohibition Against Disclosure of Identifiable Date

No regional authority may disclose to any person any materials which identify an eligible person unless the eligible person or legally authorized representative consents to such disclosure, except if, and to the extent that disclosure may be necessary for the appointment of a guardian for such eligible person.  Any such consent shall be informed and in writing.

 

c)         Prohibition Against Disclosure at Meetings or Hearings

 

1)         No member shall intentionally refer by name, description or other information that would identify an eligible person or his family during any public meeting or hearing conducted by a regional authority unless the eligible person or legally authorized representative on his behalf consents to such disclosure pursuant to Section 310.80(b) of this Part.

 

2)         Every nonmember scheduled to testify at a hearing or wishing to speak at a meeting concerning the alleged violations of an eligible person's rights shall be advised of the provisions of this Section and shall be instructed to use a specific, non-descript identifier (e.g., number) when referring to an eligible person or his family.

 

d)         Close Meetings and Hearings

A regional authority may conduct closed meetings and hearings, or close a portion of a meeting or hearing, if necessary to ensure confidentiality or protect the rights of any eligible person or provider of services or other person.  The minutes or records of such closed meetings shall not be made public.  However, the regional authority shall make public a summary, which shall not contain personally identifiable data, of the business conducted during any closed meeting or hearing.

 

e)         The regional authority shall record in its minutes Section 21 of the Act as the statutory basis for the closed session.

 

f)         Deletion of Identifiable Data From Public Reports or Records

Reference shall not be made to any name, description or other information that would serve to identify an eligible person or his family in any public report issued by the regional authority, or in any minutes or other summaries of meetings or hearings, or any other public record or documents maintained by a regional authority, unless the use of such identifiable data is consented to by the eligible person or legally authorized representative in his behalf as provided in Section 310.80(b) of this Part.

 

(Source:  Amended at 10 Ill. Reg. 7778, effective April 30, 1986)

 

Section 310.90  Limitations

 

a)         When it appears to the Commission or its designee that proposed action by a regional authority is frivolous, beyond the resources or remedial powers or subject matter jurisdiction of the regional authority, or that such action may violate the rights of a client, provider, or other person, or that it may jeopardize an investigation, the Commission or its designee shall disapprove any such action; upon receipt of such disapproval the regional authority shall immediately cease such action pursuant to Section 5(c) of the Act.

 

b)         If a majority of a regional authority wishes to pursue such disapproved action, a written appeal may be submitted to the Chairperson of the Commission with a copy to the Director and to the HRA Committee.  No action under appeal shall be taken by the regional authority until a written response is received from the Commission allowing the pursuit of the action.

 

c)         Incurring Obligation

            No regional authority shall retain or agree to retain the services of any person, or expend or agree to expend any funds or incur or agree to incur a financial obligation without the prior written approval of the Director or a designee.

 

d)         Legal Action

            Pursuant to Section 8(3) of the Act, the authority to institute legal proceedings rests solely with the Director.

 

e)         Testimony

            All requests for HRA testimony and all prepared HRA testimony, shall be submitted to and reviewed by the Commission prior to its presentation to any private or public legislative or regulatory body.

 

f)         Conflict of Interest

            A potential conflict of interest arises when a regional authority receives or initiates a complaint involving the dependent or relative of a regional authority member or authority staff, a service provider with whom a regional authority member or authority staff has a financial or business association, or a complainant who is being represented by a regional authority member or authority staff before any service provider or governmental body.  To avoid any appearance of impropriety and to resolve any potential conflict, the regional authority member or authority staff shall not participate in any aspect of the handling of the complaint by the regional authority.

 

(Source:  Amended at 26 Ill. Reg. 8828, effective June 11, 2002)