Ill. Admin. Code tit. 32, § 200.70 - Right to Hearing
a) In the
event that the Respondent seeks a hearing pursuant to matters raised in a
Preliminary Order issued in accordance with Section
200.60,
the Respondent must submit a request for a hearing by the date specified in the
Preliminary Order. In the event that a person seeks a hearing pursuant to the
denial of an application for licensure or accreditation or the denial of
reinstatement of licensure or accreditation by the Agency, the person must
submit a request for a hearing within 30 days after the denial.
b) This request must be in writing and must
contain a brief statement of the basis upon which the Agency's Preliminary
Order or denial of licensure or accreditation is being challenged.
c) If the request is not submitted by the
date required in accordance with subsection (a), or if the request is submitted
but later withdrawn, the actions proposed by the Agency in the Preliminary
Order or denial of licensure or accreditation shall be a final and binding
administrative determination subject to the Administrative Review
Law.
d) Upon notice from the Agency
that a Respondent is required to have an attorney pursuant to
420
ILCS 40/18, the Respondent's attorney shall have 30
days to enter an appearance with the Agency. If no such appearance is filed,
the hearing request will be considered withdrawn and the Preliminary Order or
denial of licensure shall be a final and binding administrative determination
subject to the Administrative Review Law.
e) No final decision shall be made or action
taken by the Agency until the Respondent has had an opportunity to request a
hearing and, if requested, a hearing has been held, except that, in cases in
which there is an immediate threat to public health or safety, the Agency may
take action to immediately enjoin the threat pending a hearing. The hearing
shall be held within 30 days after the Agency's action [420
ILCS 40/38(a)] .
Notes
Amended at 33 Ill. Reg. 14137, effective September 28, 2009
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