# 77 Ill. Adm. Code 390.165: Section 390.165 Criteria for Adverse Licensure Actions

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_165

## Section

- **Citation:** 77 Ill. Adm. Code 390.165
- **Heading:** Section 390.165 Criteria for Adverse Licensure Actions
- **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 390.165 Criteria for Adverse Licensure Actions

## Text

Section 390
Section 390.165  Criteria for
Adverse Licensure Actions
a)         Adverse licensure actions are determinations to deny the
issuance of an initial license, to deny the issuance of a renewal of a license,
to impose a ban on admissions to a facility, or to revoke the current license
of a facility.
b)         A determination by the Director or the Director's designee to
take adverse licensure action against a facility will be based on a finding
that one or more of the following criteria are met:
1)         A substantial failure to comply with the Act or this Part.
For purposes of this provision, substantial failure is a failure to meet the
requirements of this Part that is other than a variance from strict and literal
performance and that results only in unimportant omissions or defects given the
particular circumstances involved.
A substantial failure by the facility
shall include, but not be limited to, the following
:
A)
Termination of Medicare or Medicaid certification by the
Centers for Medicare and Medicaid Services; or
B)
A failure by the facility to pay any fine assessed under this
Act after the Department has sent to the facility and licensee at least 2
notices of assessment that include a schedule of payments as determined by the
Department, taking into account extenuating circumstances and financial
hardships of the facility
. (Section 3-119(a)(1) of the Act)
2)
Conviction of the licensee, or of the person designated to
manage or supervise the facility, of a felony, or of 2 or more misdemeanors
involving moral turpitude, during the previous 5 years as shown by
a
certified copy of the record of the court of conviction
. (Section
3-119(a)(2) of the Act)
3)         The moral character of the licensee, administrator, manager,
or supervisor of the facility is not reputable.  Evidence to be considered will
include verifiable statements by residents of a facility, law enforcement
officials, or other persons with knowledge of the individual's character
by
a
certified copy of the record of the court of conviction
. (Section
3-119(a)(2) of the Act)
3)         The moral character of the licensee, administrator, manager,
or supervisor of the facility is not reputable.  Evidence to be considered will
include verifiable statements by residents of a facility, law enforcement
officials, or other persons with knowledge of the individual's character.  In
addition, the definition afforded to the terms "reputable,"
"unreputable," and "irreputable" by the circuit courts of
the State of Illinois shall apply when appropriate to the given situation.  For
purposes of this Section, a manager or supervisor of the facility is an
individual with responsibility for the overall management, direction,
coordination, or supervision of the facility or the facility staff.
4)
Personnel
is insufficient in number or unqualified
by training or experience to properly care for the number and type of residents
served by the facility
.  Requirements in this Part concerning personnel,
including Sections 390.810, 390.820, 390.830, 390.1030, 390.1040 and 390.1050,
will be considered in making this determination.  (Section 3-119(a)(3) of the
Act)
5)
Financial or other resources are
insufficient to conduct
and operate the facility in accordance with
the Act and this Part.
Financial information and changes in financial information provided by the
facility under Section 390.120(e) and under Section 3-208 of the Act will be
considered in making this determination.  (Section 3-119(a)(4) of the Act)
6)
The facility is not under the direct supervision of a
full-time administrator
as required by Section 390.500.  (Section
3-119(a)(5) of the Act)
7)         The facility has violated the rights of residents of the
facility by any of the following actions:
A)        A pervasive pattern of cruelty or indifference to residents has
occurred in the facility
ation.  (Section 3-119(a)(4) of the Act)
6)
The facility is not under the direct supervision of a
full-time administrator
as required by Section 390.500.  (Section
3-119(a)(5) of the Act)
7)         The facility has violated the rights of residents of the
facility by any of the following actions:
A)        A pervasive pattern of cruelty or indifference to residents has
occurred in the facility.
B)        The facility has appropriated the property of a resident or has
converted a resident's property for the facility's use without the written
consent of the resident or the resident's legal guardian.
C)        The facility has secured property, or a bequest of property,
from a resident by undue influence.
8)         The facility knowingly submitted false information either on
the licensure or renewal application forms or during the course of an
inspection or survey of the facility.
9)         The facility has refused to allow an inspection or survey of
the facility by agents of the Department.
10)
The facility has committed 2 Type "AA"
violations within a 2-year period.
(Section 3-119(a)(6) of the Act)
11)
The facility has committed a Type "AA" violation
while the facility is listed as a "distressed facility".
(Section
3-119(a)(7) of the Act)
c)         The Director or the Director's designee will consider all
available evidence at the time of the determination, including the history of
the facility and the applicant in complying with the Act and this Part, notices
of violations that have been issued to the facility and the applicant, findings
of surveys and inspections, and any other evidence provided by the facility,
residents, law enforcement officials and other interested individuals.

## 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)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_165. Check the current official text before relying on it. Not legal advice.