Section 370.170 Denial or Revocation

Section 370

Section 370.170  Denial or

Revocation

a)         A license may be denied or revoked for any of the following

reasons:

1)         Cruelty or indifference to residents.

2)         Unlawful appropriation or conversion of the property of a

resident.

3)         Committing, permitting, aiding, or abetting the commission of

any illegal act in the facility.

4)         Substantial or repeated failure to operate or conduct the

facility in accordance with the Act and the Minimum Standards promulgated

pursuant thereto.

5)

Submits false information either on Department Licensure

Form or during an inspection.

6)         Securing the devise or bequest of the property of a resident

by undue influence.

7)         In the case of an application by an existing licensee for a

new or newly-acquired facility, substantial, continuing or repeated failure of

the applicant to operate any previously licensed facility or facilities in

compliance with the provisions of the Act or of the Minimum Standards

promulgated pursuant to it.

8)         The inclusion of a person in the ownership or management of

the facility who was previously or is currently involved in the ownership or

operation of a facility which was/is continually or repeatedly operated in

substantial non-compliance with the provisions of the Act or of the Minimum

Standards promulgated pursuant to it.

9)

Refusing to allow an inspection to occur.

10)

Violates the rights of its residents.

11)

Fails to submit or implement a plan of correction within

the specified time period.

b)         Notice under this section shall include a clear and concise

statement of the violations on which the nonrenewal or revocation is based, the

statute or rule violated and notice of opportunity for a hearing.

c)         If a facility desires to contest the denial or revocation of a

license, the facility shall, within fifteen (15) days after receipt of notice

under Section 370.170(b) of this Section, notify the Department in writing of

its request for a hearing

ment of the violations on which the nonrenewal or revocation is based, the

statute or rule violated and notice of opportunity for a hearing.

c)         If a facility desires to contest the denial or revocation of a

license, the facility shall, within fifteen (15) days after receipt of notice

under Section 370.170(b) of this Section, notify the Department in writing of

its request for a hearing.  Upon receipt of the request the Department shall

send notice to the facility and hold a hearing pursuant to the Department's

"Rules of Practice and Procedure in Administrative Hearings" (77 Ill.

Adm. Code 100).

d)         The effective date of nonrenewal or revocation of a license by

the Department shall be any of the following:

1)         Until otherwise ordered by the circuit court, revocation is

effective on the date set by the Department in the notice of revocation, or

upon final decision after hearing.

2)         Until otherwise ordered by the circuit court, nonrenewal is

effective on the date of expiration of any existing license, or upon final

decision after hearing.

3)         The Department may extend the effective date of license

revocation or expiration in any case in order to permit orderly removal and

relocation of residents.