Section 260.1600 Adverse Licensure Action

Section 260

Section 260.1600  Adverse

Licensure Action

a)

Before denying a license application, refusing to renew a

license, suspending a license, revoking a license

or assessing an

administrative fine,

the Department shall notify the applicant or the licensee

in writing.  The notice shall specify the charges or reasons for the

Department's contemplated action,

and shall provide an opportunity to file

a request for a hearing

within 10 days after receiving the notice.

(Section 50 of the Act)

1)

A failure to request a hearing within 10 days shall

constitute a waiver of the applicant's or licensee's right to a hearing.

(Section 50 of the Act)

2)

The hearing shall be conducted by the Director or an

individual designated in writing by the Director as

an Administrative Law

Judge, and shall be conducted in conformance with the Department's Rules of

Practice and Procedure in Administrative Hearings and the Act.  (Section 55 of

the Act)

b)         A license

may be denied, suspended, or revoked, or the

renewal of a license may be denied

or an administrative fine assessed,

for

any of the following reasons:

1)

Violation of any provision of the Act

or this Part;

2)

Conviction of the owner or operator of the

Children's

Respite Care Center Model

of a felony or of any other crime under the laws

of any state or of the United States arising out of, or in connection with, the

operation of a health care facility.  The record of conviction or a certified

copy of it shall be conclusive evidence of conviction;

3)

An encumbrance on a health care license issued in Illinois

or any other state to the owner or operator of the

Children's Respite Care

Center Model;

4)

Revocation of any facility license issued by the Department

during the previous five years or surrender or expiration of the license during

the pendency of action by the Department to revoke or suspend the license

during the previous five years if:

A)

The prior license was issued to the individual applicant or

a controlling owner or controlling combination

dren's Respite Care

Center Model;

4)

Revocation of any facility license issued by the Department

during the previous five years or surrender or expiration of the license during

the pendency of action by the Department to revoke or suspend the license

during the previous five years if:

A)

The prior license was issued to the individual applicant or

a controlling owner or controlling combination of owners of the applicant; or

B)

Any affiliate or the individual applicant or controlling

owner of the applicant or affiliate of the applicant was a controlling owner of

the prior license.

(Section 45 of the Act)

c)         An action to assess an administrative fine may be initiated in

conjunction with or in lieu of other adverse licensure action.

d)         The amount of an administrative fine shall be determined based

on consideration of the following:

1)         The nature and severity of the violation(s);

2)         The facility's diligence in correcting the violation(s);

3)         Whether the facility had been previously cited for similar

violation(s);

4)         The number of violation(s);

5)         The duration of uncorrected violation(s); and

6)         The impact or potential impact of the violation(s) on the

children's health and safety.

e)         The administrative fine shall be calculated in relation to the

number of days the violation existed, or continues to exist if it has not been

corrected. The total amount of the fine assessed shall fall within the

following parameters:

1)         For a violation that occurred as a single event or incident – between

$100 and $5,000 per violation;

2)         For a violation that was or is continuing beyond a single

event or incident – between $100 and $500 per day per violation.