77 Ill. Adm. Code 330.286
Notice of Penalty Assessment; Response by Facility
Section 330
Section 330.286Â Notice of Penalty Assessment; Response by Facility
a)Â Â Â Â Â Â Â Â If the Director 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 330.282.
2)Â Â Â Â Â Â Â Â The amount of any reduction or whether the penalty has been
waived pursuant to Section 330.288.
3)Â Â Â Â Â Â Â Â 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)Â Â Â Â Â Â Â Â A citation to the provision of
the statute or rule
that
the facility has violated.
5)Â Â Â Â Â Â Â Â 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)
b)
A
facility may contest an assessment of a penalty by sending a written request to
the Department for hearing under Section 3-703
of the Act
. Upon receipt
of the request the Department shall 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)Â Â Â Â Â Â Â Â The facility shall pay penalties to the Department within the
time periods provided in Section 3-310 of the Act.
d)Â Â Â Â Â Â Â Â The submission of 65% of the amount assessed for each
violation specified in the penalty assessment, pursuant to subsection (b) shall
constitute a waiver by the facility of a right to hearing pursuant to Section
3-703 of the Act.