Ill. Admin. Code tit. 77, § 390.276 - Notice of Violation
a)
Each notice of violation shall be prepared in writing and
contain the following information:
1) A
description of the nature of the violation.
2) A citation of the specific
statutory provision or rule alleged by the Department
to have been violated. (Section 3-301 of the Act)
3) A statement of the level of the violation
as determined pursuant to Section
390.274.
4) One of the following requirements for
corrective action:
A)
The situation,
condition, or practice constituting a Type "AA" violation or a Type "A"
violation shall be abated or eliminated immediately unless a fixed period of
time, not exceeding 15 days, as determined by the Department and specified in
the notice of violation, is required for correction. In setting this
period, the Department will consider whether harm to residents of the facility
is imminent, whether necessary precautions can be taken to protect residents
before the corrective action is completed, and whether delay would pose
additional risks to the residents.
B)
At the time of issuance of a
notice of a Type "B" violation, the Department will request a
plan of correction that is subject to the Department's approval. The facility
shall have 10 days after receipt of notice of violation in which to prepare and
submit a plan of correction. (Section 3-303(b) of the Act)
5) A statement that the Department
may take additional action under the Act, including assessment of penalties or
licensure action.
6) A description
of the licensee's right to appeal the notice and its right to a
hearing.
b) For each
notice of violation, the Director or his or her designee shall serve a
notice of violation upon the licensee within 10 days after the
Director determines that issuance of a notice of violation is warranted under
Section 390.272. (Section 3-301 of the
Act)
1)
Each day the violation exists
after the date upon which a notice of violation is served under Section
3-301 of the Act shall constitute a separate violation for
purposes of assessing penalties or fines under Section 3-305 of the
Act.
2)
The submission of a
plan of correction pursuant to Section 3-303(b) of the Act
does not prohibit or preclude the Department from assessing penalties
or fines pursuant to Section 3-305 of the Act for those
violations found to be valid except as provided under Section 3-308 of
the Act in relation to Type "B" violations. (Section 3-302 of
the Act)
c)
Residents and their guardians or other resident representatives, if
any, shall be notified of any violation of the Act or
this Part pursuant to Section 2-217 of the Act, or of violations of the
requirements of Title XVIII or XIX of the Social Security Act or
federal regulations, with respect to the health, safety, or welfare of
the resident. (Section 2-115 of the Act)
d)
The issuance or renewal of a
license after notice of a violation has been sent shall not constitute a waiver
by the Department of its power to rely on the violation as the basis for
subsequent license revocation or other enforcement action under the
Act or this Part arising out of the notice of
violation. (Section 3-111 of the Act)
Notes
Amended at 13 Ill. Reg. 6301, effective April 17, 1989
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