77 Ill. Adm. Code 350.276
Notice of Violation
Section 350
Section 350.276Â Notice of
Violation
a)
Each notice of violation shall be prepared in writing and
shall
contain the following information:
1)Â Â Â Â Â Â Â Â A description of
the nature of the violation.
2)Â Â Â Â Â Â Â Â A citation of the specific
statutory provision or rule
alleged
by the Department
to have been violated
. (Section 3-301 of the Act)
3)Â Â Â Â Â Â Â Â A statement of the Type of the violation as determined
pursuant to Section 350.274.
4)Â Â Â Â Â Â Â Â 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 shall request a plan of correction which 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
. Â (Section
3-303 of the Act)
5)Â Â Â Â Â Â Â Â A statement that the Department may take additional action
under the Act, including assessment of penalties or licensure action.
6)Â Â Â Â Â Â Â Â A description of the licensee's right to appeal the notice and
its right to a hearing.
b)Â Â Â Â Â Â Â Â For each notice of violation,
the Director 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
350.272. (Section 3-301 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 Titles 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)