Section 530.100  Definitions

 

Act – the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois [20 ILCS 2310].

 

Applicant – an Illinois school, public park district, forest preserve district, conservation district, sheriff's office, municipal police department, municipal recreation department, public library, college, or university that is applying for a grant under this Part. (Section 2310-371.5 of the Act)

 

Automated External Defibrillator or AED – a medical device heart monitor and defibrillator that:

 

has received approval of its pre-market notification, filed pursuant to 21 USC 360(k), from the United States Food and Drug Administration;

 

is capable of recognizing the presence or absence of ventricular fibrillation and rapid ventricular tachycardia, and is capable of determining, without intervention by an operator, whether defibrillation should be performed;

 

upon determining that defibrillation should be performed, either automatically charges and delivers an electrical impulse to an individual or charges and delivers an electrical impulse at the command of the operator; and

 

in the case of a defibrillator that may be operated in either an automatic or manual mode, is set to operate in the automatic mode.  (Section 10 of the Automated External Defibrillator Act)

 

Department – the Illinois Department of Public Health. 

 

Director – the Director of the Illinois Department of Public Health.

 

Fund – the Heartsaver AED Fund in the State Treasury.

 

Grant Recipient – an Illinois school, public park district, forest preserve district, conservation district, sheriff's office, municipal police department, municipal recreation department, public library, college, or university that receives a grant under this Part. (Section 2310-371.5 of the Act)

 

(Source:  Amended at 41 Ill. Reg. 3447, effective March 10, 2017)

 

Section 530.200  Referenced Materials

 

The following materials are referenced in this Part:

 

a)         Illinois Statutes

 

1)         Automated External Defibrillator Act [410 ILCS 4]

 

2)         Illinois Grant Funds Recovery Act [30 ILCS 705]

 

b)         Illinois Administrative Rules

 

1)         Automated External Defibrillator Code (77 Ill. Adm. Code 525)

 

2)         Rules of Practice and Procedure in Administrative Hearings (77 Ill. Adm. Code 100)

 

(Source:  Amended at 34 Ill. Reg. 3622, effective March 2, 2010)

 

Section 530.300  Eligibility for Grants

 

To be eligible to receive a grant from the Fund, the applicant shall meet all of the following criteria:

 

a)         Be an Illinois school, public park district, forest preserve district, conservation district, sheriff's office, municipal police department, municipal recreation department, public library, college, or university (Section 2310-371.5 of the Act);

 

b)         Demonstrate that they have the funds to pay 50% of the cost of the AEDs for which matching grant moneys are sought as that cost is determined by the State Master Contract or by the Department (Section 2310-371.5 of the Act); and

 

c)         Place the AED into public service within eight weeks after receipt of grant funds.

 

(Source:  Amended at 41 Ill. Reg. 3447, effective March 10, 2017)

 

Section 530.400  Grant Requirements

 

a)         Grant recipients shall comply with all applicable provisions of the Automated External Defibrillator Act and the Automated External Defibrillator Code.

 

b)         Grant recipients shall match the grant award received and shall spend the grant award on the purchase of an AED to be used by the grant recipient.

 

c)         Grant recipients shall complete and return documentation as prescribed by the Department (e.g., Reimbursement Certification Form or Internal Revenue Service W-9 Form).

 

d)         Grant recipients shall agree to enter into a Grant Agreement prescribed by the Department.

 

(Source:  Amended at 41 Ill. Reg. 3447, effective March 10, 2017)

 

Section 530.500  Application Requirements

 

a)         The application form may be obtained by downloading the application from the Department's website:  https://idphgrants.com/user/login.aspx.  Upon request, the Department will provide application instructions to potential applicants.

 

b)        Completed applications shall be submitted to the Department electronically through the Department's electronic grant administrative and management system. Faxed and e-mailed applications will not be accepted.

 

c)         Applications shall include, at a minimum, the following:

 

1)         The names, address, chief officers and general description of the applicant, including the name, address, e-mail address and phone number of the primary contact and the secondary contact designated by the applicant to be responsible for administering the grant funds;

 

2)         The Federal Employer Identification Number (FEIN) for the applicant; and

 

3)         An agreement by the applicant that, if awarded a grant, the grant will be matched by the grant recipient.

 

(Source:  Amended at 41 Ill. Reg. 3447, effective March 10, 2017)

 

Section 530.600  Review of Applications

 

a)         The grant cycle runs from July 1-June 30 of the State's fiscal year.

 

b)         The Department will review applications for compliance with the requirements of this Part.  During the course of its review, the Department may contact the applicant for additional information if the information provided is incomplete, inconsistent or unclear.

 

c)         Applicants whom the Department determines not to be eligible for grant funds will be notified by e-mail.

 

d)         Distribution of grants is dependent on available funding.  Available grant funds will be distributed on a "first come, first served" basis, based on when the Department received the completed application.  If the Department receives several completed applications on the same date and time and funds are not available to award each of these applicants, a random selection of applications will be used to determine grant recipients.

 

e)         Applicants shall submit a new application each State fiscal year to be considered for funding.  Applications are only applicable to the State fiscal year in which the applications are received.

 

(Source:  Amended at 41 Ill. Reg. 3447, effective March 10, 2017)

 

Section 530.700  Use of Grant Funds

 

a)         The entire amount of the grant award, plus matching funds from the facility, shall be used to purchase an AED.  AEDs shall be used at facilities owned or controlled by the grant recipient or at events authorized by the grant recipient that are held at facilities owned or controlled by the grant recipient.

 

b)         Any school, public park district, forest preserve district, conservation district, sheriff's office, municipal police department, municipal recreation department, public library, college or university applying for the grant shall not receive more than one grant from the Heartsaver AED Fund each fiscal year (Section 2310-317.5 of the Act).

 

(Source:  Amended at 41 Ill. Reg. 3447, effective March 10, 2017)

 

Section 530.800  Termination

 

a)         Except as otherwise provided in this Section, the grant agreement may be terminated by either party upon 30 calendar days written notice to the other party, as specified in the grant agreement.

 

b)         The agreement may be terminated immediately without penalty of further payment being required if the General Assembly fails to appropriate or otherwise make available sufficient funds for the award, or if sufficient funds are not available in the Heartsaver AED Fund, a special fund in the State Treasury.

 

c)         The Department may immediately suspend funding or terminate the contract of a grantee who has substantially failed or continually failed to comply with the Act, this Part, or the grant agreement.

 

Section 530.900  Denial, Suspension or Revocation

 

a)         The Director may deny the application for grant funds or may suspend or revoke the grant agreement of a grantee when finding substantial or continued failure to comply with the Act, this Part, or the grant agreement.  Except as provided in subsection (b), the Director shall provide notice and an opportunity for a hearing to the party before executing the denial, suspension, or revocation.

 

b)         If the Director finds that the public interest, health, safety, or welfare requires emergency action, then the Director may immediately order summary suspension of a grant agreement pending proceedings for revocation.  The Director's order shall be written and shall include the reasons for the public emergency.  The proceedings shall be promptly instituted and promptly determined.

 

c)         The notice of denial, suspension, or revocation shall be made by certified mail or by personal service, shall state the reasons for the proposed action, and shall provide the opportunity to request a hearing.  If a written hearing request is not received within 10 days after receipt of the notice, then the right to a hearing is deemed to be waived.

 

d)         A denial or termination due to the General Assembly's failure to appropriate funds is not subject to this Section.

 

Section 530.1000  Grant Funds Recovery

 

Grants made under this Part are subject to the provisions of the Illinois Grant Funds Recovery Act.  If a provision of this Part conflicts with a provision of the Illinois Grant Funds Recovery Act, then the provision of the Illinois Grant Funds Recovery Act controls.

 

Section 530.1100  Hearings

 

The Department's Rules of Practice and Procedure in Administrative Hearings apply to proceedings conducted under this Part.  Where the terms "license" and "licensing" are used in those rules, the definitions of those terms shall be expanded to include a grant applicant, a grantee awarded funds, and a grant agreement executed under this Part.