Denial of Initial License

Section 340 Section 340.1140  Denial of Initial License a)         In addition to the criteria outlined in Section 340.1130, the Director may deny the issuance of an initial license based on revocation of a facility license. During the previous five years, if such prior license was issued to the individual applicant, a controlling owner or controlling combination of owners of the applicant; or any affiliate of the individual applicant or controlling owner of the applicant and such individual applicant, controlling owner of the applicant or affiliate of the applicant was a controlling owner of the prior license; provided, however, that the denial of an application for a license pursuant to this Part must be supported by evidence that such prior revocation renders the applicant unqualified or incapable of meeting or maintaining a facility in accordance with the Act and this Part.  (Section 3-117 (5) of the Act) b) Immediately upon denial of any application or reapplication for a license, the Department shall notify the applicant in writing.  The notice of denial shall include a clear and concise statement of violations of Section 3-117 of the Act on which denial is based and notice of the opportunity for hearing .  (Section 3-118 of the Act)