il-v50i41-59-ill-adm-code-310: 59 Ill. Adm. Code 310 — Human Rights Authority

1) Heading of the Part: Human Rights Authority 2) Code Citation: 59 Ill. Adm. Code 310 3) Section Number: Proposed Action: 310.70 Amendment 4) Statutory Authority: Implementing and authorized by Sections 5-5 and 5-20 of the Illinois Administrative Procedure Act [5 ILCS 100/5-5 and 5-20] and Section 5 of the Guardianship and Advocacy Act [20 ILCS 3955/5]. 5) A Complete Description of the Subjects and Issues Involved: The proposed rulemaking updates regulations to conform to statutory changes contained in P.A. 104-0698 regarding inclusion of service provider's reply with any public statement of findings. 6) Published studies or reports, and sources of underlying data, used to compose this rulemaking: None 7) Will this rulemaking replace any emergency rule currently in effect? No 8) Does this rulemaking contain an automatic repeal date? No 9) Does this rulemaking contain incorporations by reference? No 10) Are there any other rulemakings pending on this Part? No 11) Statement of Statewide Policy Objective: This proposed rulemaking does not create or expand a State mandate under the State Mandates Act [30 ILCS 805]. 12) Time, Place and Manner in which interested persons may comment on this proposed rulemaking: Interested parties may submit comments in writing within 45 days after publication to: Taneka Jennings Director of Legislative and External Affairs Illinois Guardianship and Advocacy Commission 160 N. LaSalle, S500 Chicago, IL 60601 GUARDIANSHIP AND ADVOCACY COMMISSION NOTICE OF PROPOSED AMENDMENT 312-793-5900 Taneka.Jennings2@illinois.gov 13) Initial Regulatory Flexibility Analysis: A) Description of the type of small business, not for profit corporations or small municipalities subject to the proposed amendment: N/A B) Description of the proposed reporting, bookkeeping and other procedures required for compliance with the amendment: N/A C) Description of the types of professional skills necessary for compliance: N/A 14) Small Business Economic Impact Analysis: There is no impact to small business. 15) Regulatory Agenda on which this rulemaking was summarized: July 2026 16) Any other information or justification for the proposed rule or amendment that the agency believes would be helpful to the public regarding the proposed rule or amendment. For example, a discussion or analysis of the benefits of the proposed rule or amendment is projected to have on the Illinois public, consumers, investors or other similar groups. None The full text of the Proposed Amendment begins on the next page: GUARDIANSHIP AND ADVOCACY COMMISSION NOTICE OF PROPOSED AMENDMENT TITLE 59: MENTAL HEALTH CHAPTER III: GUARDIANSHIP AND ADVOCACY COMMISSION PART 310 HUMAN RIGHTS AUTHORITY Section 310.10 Authority and Purpose 310.20 General Provisions 310.30 Membership and Organization 310.40 Meetings 310.45 Attendance By Means Other Than Physical Presence 310.50 Complaints 310.60 Investigations 310.70 Recommendations and Findings 310.80 Confidentiality 310.90 Limitations AUTHORITY: Implementing and authorized by the Guardianship and Advocacy Act [20 ILCS 3955]. SOURCE: Adopted at 5 Ill. Reg. 13223, effective November 13, 1981; codified at 7 Ill. Reg. 12866; amended at 10 Ill. Reg. 7778, effective April 30, 1986; amended at 24 Ill. Reg. 13029, effective August 21, 2000; amended at 25 Ill. Reg. 5628, effective May 1, 2001; amended at 26 Ill. Reg. 8828, effective June 11, 2002; amended at 42 Ill. Reg. 2050, effective January 11, 2018; amended at 44 Ill. Reg. 1976, effective December 31, 2019; amended at 50 Ill. Reg. 717, effective January 1, 2026; amended at 50 Ill. Reg. ______, effective ____________. Section 310.70 Recommendations and Findings a) Report of Findings Upon completion of an investigation, 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 any special meeting that is called to discuss the proposed report. b) Review by Program Director At least 10ten 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 GUARDIANSHIP AND ADVOCACY COMMISSION NOTICE OF PROPOSED AMENDMENT 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 fewer 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. 2) If the regional authority votes to close the meeting to the public, each member's vote on that question shall be publicly stated at the time of the vote, recorded, and entered into the meeting minutes. Citations to the specific exception contained in Section 2 of the Open Meetings Act [5 ILCS 120] that authorizes the closing of the meeting to the public and to Section 21 of the Act shall also be publicly stated at the time of the vote and shall be recorded and entered into the minutes of the meeting. 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 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 10ten 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 30thirty 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 their 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. The complainant and any eligible person shall, within 10ten 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) 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. 2) If the State agency, service provider, or other person investigated has made a reply, the reply shall be attached to the report of findings and recommendations and made public if the provider requests. 3) If the State agency, service provider, or other person investigated has made an objection, it shall be attached to the report of findings and any recommendations and made public only if the provider requests. 4) If no reply has been received within the statutory 30-day review period, the report of findings and any recommendations may be made public. 5) The provider and complainant shall be notified in writing within 10 days after the case is officially closed. 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 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 50 Ill. Reg. ______, effective ____________) DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENT