Section 310.90  Limitations

a)         When a regional authority receives a complaint alleging that the rights of an eligible person have been violated in the region in which the authority sits, the authority shall investigate unless it determines that the complaint is frivolous or beyond the scope of its authority or competence. If the Director finds that a conflict of interest exists, the Director may instruct a different regional authority to conduct the investigation. Any action taken by a regional authority is subject to the review and approval of the Commission. The Commission, acting on a request from the Director, may disapprove any action of a regional authority, in which case the regional authority shall cease such action.

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.  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, 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

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 Program Director prior to its presentation to any 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 or a service provider with whom a regional authority member or authority staff has a financial or business association or when a complainant is represented by a regional authority member or authority staff before any governmental body.  To avoid any appearance of impropriety and resolve any potential conflict, the regional authority member or authority staff subject to the potential conflict shall not participate in any aspect of the handling of the complaint by the regional authority.  Where individual conflicts may make achieving a quorum to act on a complaint impracticable or create the appearance of a conflict of interest for the regional authority as a whole, then the regional authority may be deemed to have a conflict of interest.

(Source:  Amended at 50 Ill. Reg. 717, effective January 1, 2026)