77 Ill. Adm. Code 390.276
Notice of Violation
Section 390
Section 390.276Â Notice of
Violation
a)
Each notice of violation shall be prepared in writing
and 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 level of the violation as determined
pursuant to Section 390.274.
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
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)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 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)