Menard County Health Department v. State of Illinois — 41 Ill. Ct. Cl. 200

MENARDCOUNTY HEALTH DEPARTMENT, Claimant, v. THE STATE OF ILLINOIS, Respondent.

Case summary

The claimant sought $1,439.24 for WIC program administration costs. The respondent withdrew its stipulation and moved to dismiss because no funds remained in the lapsed appropriations budget. The court granted the motion to dismiss.

Claim type: Lapsed Appropriation

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

EvIDmcE-departmenta1 reports-prima facie evidence. Pursuant to section 790.140 of the Rules of the Court of Claims, departmental reports may be offered as prima facie evidence of the facts they contain.
L APSED APPROPFUATIONS-Chh for costs of administering. program under Department of Public Health-Zapsed appropriation-stipultion to pay withdrawn-cldim dismissed. The State’s motion to withdraw a stipulation to pay the Claimant for the costs incurred in administering a public aid program for the Department of Public Health was granted, and the claim was dismissed based on the consideration of a departmental report disclosing that there were insufficient funds in the lapsed appropriations budget to pay the claim.

MENARDCOUNTY HEALTH DEPARTMENT, pro se, for Claimant. NEIL F. HARTICAN, Attorney General (JAMES C. MAJORS, Assistant Attorney General, of counsel), for Respondent.

BURKE, J.

I

This cause comes on to be heard on the Respondent’s motion to withdraw its previously filed stipulation agreeing to the entry’ of an award and to substitute a motion to dismiss, it appearing that due notice has been given, no objection has been filed, and the Court being advised. + , ’ . I

The Claimant, Menard County Health Department, filed this claim on April 18, 1988, seeking $1,439.24 for costs incurred in the administration of USDA Special Supplemental Food Program for Women, Infants and Children (WIC) as administered by the Illinois Department of Public Health. On July 19,1988, the Respondent filed’a stipulation agreeing to our entering an award in the amount sought. On July 29, 1988, the Respondent filed a motion to withdraw its stipulation. In support of the motion to withdraw, Respondent stated that: “1. Closer review of the file indicates that the departmental report was filed in error since it hasno authority to pay from the General Revenue Fund and there are insufficient funds in the Department of Public Health lapsed appropriations budget.”

Respondent then asked the Court to enter a motion to dismiss on those grounds..

We have reviewed the departmental report which was compiled by the Department of Public Health, attached to the motion to dismiss, and offered as prima facie evidence of the facts contained therein pursuant to section 790.140 of the Rules of the Court of Claims (74 Ill. Adm. Code 790.140). The report indicates that no funds remained to pay the claim.

Based on the record we hereby grant’the Respondent’s motion to withdraw its stipulation, grant the Respondent’s motion to substitute a motion to dismiss, and grant the motion to dismiss.