Ill. Admin. Code tit. 77, § 390.286 - Notice of Penalty Assessment: Response by Facility
a) If the Director or his or her designee
determines that a penalty is to be assessed, a written notice of penalty
assessment shall be sent to the facility. Each notice of penalty assessment
shall include:
1)
The amount of the
penalty
assessed as provided in Section
390.282.
2) The amount of any reduction or whether the
penalty has been waived pursuant to Section
390.288.
3) A description of the violation, including
a reference to the notices of violation and plans of correction that are the
basis of the assessment.
4) A
citation to the provision of the statute or rule alleged to have been
violated.
5) A description
of the right of the facility to appeal the assessment and of the right
to a hearing under Section 3-703 of the Act. (Section
3-307 of the Act)
6) For
violations that are continuing at the time of
the notice of assessment, the amount of additional penalties
per day that will be assessed. (Section 3-307 of the
Act)
b)
A
facility may contest an assessment of a penalty by sending a written request
for hearing to the Department under Section 3-703 of the Act.
Upon receipt of the request, the Department will hold a hearing as
provided under Section 3-703 of the Act. Instead of requesting
a hearing pursuant to Section 3-703 of the Act, a facility
may, within 10 business days after receipt of the notice of violation and fine
assessment, transmit to the Department
65% of the amount
assessed for each violation specified in the penalty assessment.
(Section 3-309 of the Act)
c) The
facility shall pay the penalties to the Department within the time periods
provided in Section 3-310 of the Act.
d) The submission of 65% of the amount
assessed for each violation specified in the penalty assessment shall
constitute a waiver by the facility of a right to hearing (see Section 3-703 of
the Act).
Notes
Amended at 13 Ill. Reg. 6301, effective April 17, 1989
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