Plaintiff appealed from an order of the circuit court affirming a final decision of the Secretary of the Illinois Department of Human Services in favor of IDHS regarding the recovery of grant funds paid to plaintiff for fiscal years 2012 through 2015. The administrative law judge who presided over the hearing determined that plaintiff failed to establish by a preponderance of the evidence that the decision to recover funds paid pursuant to contracts and grants was incorrect. On appeal, plaintiff argued that absent a finding that the grants funds were misspent or unlawfully withheld, there can be no liability under the Illinois Grant Funds Recovery Act. The appellate court affirmed, finding that plaintiff failed to rebut the statutory presumption in favor of grant funds recovery as a matter of law. (MITCHELL and WILSON, concurring)
Illinois Appellate Court
Civil Court
Illinois Grant Funds Recovery Act