# 77 Ill. Adm. Code 390.140: Section 390.140 Issuance of an Initial License for a New Facility > Illinois · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_140 ## Section - **Citation:** 77 Ill. Adm. Code 390.140 - **Heading:** Section 390.140 Issuance of an Initial License for a New Facility - **Jurisdiction:** Illinois - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Illinois Administrative Code / Title 77 PUBLIC HEALTH / CHAPTER I: DEPARTMENT OF PUBLIC HEALTH / Part 390 MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE / Section 390.140 Issuance of an Initial License for a New Facility ## Text Section 390 Section 390.140  Issuance of an Initial License for a New Facility a) Upon receipt and review of an application for a license and inspection of the applicant facility, the Director will issue a probationary license if the Director finds : 1) That the individual applicant, or the corporation, partnership or other entity if the applicant is not an individual, is a person responsible and suitable to operate or to direct or participate in the operation of a facility by virtue of financial capacity, appropriate business or professional experience, a record of compliance with lawful orders of the Department and lack of revocation of a license during the previous five years and is not the owner of a facility designated pursuant to Section 3-304.2 of the Act and Section 390.185 as a distressed facility; 2) That the facility is under the supervision of an administrator who is licensed, if required, under the Nursing Home Administrators Licensing and Disciplinary Act ; and 3) That the facility is in substantial compliance with the Act and this Part . (Section 3-109 of the Act) b)         The Department will issue a probationary license for 120 days from the date of issuance. c) Within 30 days prior to the termination of a probationary license, the Department will fully and completely inspect the facility and, if the facility meets the applicable requirements for licensure, will issue a license under Section 3-109 of the Act , except that, during a statewide public health emergency, as defined in the Illinois Emergency Management Agency Act, the Department will inspect facilities within an appropriate time frame to the extent feasible .  (Section 3-116 of the Act) If the facility is not in compliance and satisfactory progress toward compliance is not being made, the Department will allow the probationary license to expire at, during a statewide public health emergency, as defined in the Illinois Emergency Management Agency Act, the Department will inspect facilities within an appropriate time frame to the extent feasible .  (Section 3-116 of the Act) If the facility is not in compliance and satisfactory progress toward compliance is not being made, the Department will allow the probationary license to expire. d) If the Department finds that the facility does not meet the requirements for licensure but has made substantial progress toward meeting those requirements, the license may be renewed once for a period not to exceed 120 days from the expiration date of the initial probationary license. (Section 3-116 of the Act)  The Department will not issue more than two consecutive probationary licenses. e)         The licensee shall qualify for issuance of a two-year license if the licensee has met the criteria contained in Section 3-110(b) of the Act for the last 24 consecutive months. ## Nearby sections - [77 Ill. Adm. Code 390.110 Section 390.110 General Requirements](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_110.md) - [77 Ill. Adm. Code 390.120 Section 390.120 Application for License](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_120.md) - [77 Ill. Adm. Code 390.130 Section 390.130 Licensee](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_130.md) - [77 Ill. Adm. Code 390.140 Section 390.140 Issuance of an Initial License for a New Facility](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_140.md) - [77 Ill. Adm. Code 390.150 Section 390.150 Issuance of an Initial License Due to a Change of Ownership](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_150.md) - [77 Ill. Adm. Code 390.160 Section 390.160 Issuance of a Renewal License](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_160.md) - [77 Ill. Adm. Code 390.165 Section 390.165 Criteria for Adverse Licensure Actions](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_165.md) - [77 Ill. Adm. Code 390.170 Section 390.170 Denial of Initial License](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_170.md) - [77 Ill. Adm. Code 390.175 Section 390.175 Denial of Renewal of License](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_175.md) - [77 Ill. Adm. Code 390.180 Section 390.180 Revocation of License](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_180.md) - [77 Ill. Adm. Code 390.185 Section 390.185 Designation of Distressed Facilities](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_185.md) - [77 Ill. Adm. Code 390.190 Section 390.190 Experimental Program Conflicting With Requirements](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_190.md) - [77 Ill. Adm. Code 390.200 Section 390.200 Inspections, Surveys, Evaluations and Consultation](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_200.md) - [77 Ill. Adm. Code 390.210 Section 390.210 Filing an Annual Attested Financial Statement](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_210.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_140. Check the current official text before relying on it. Not legal advice.