Section 515.160 Facility, System and Equipment Violations, Hearings and Fines

Section 515

Section 515.160  Facility,

System and Equipment Violations, Hearings and Fines

a)

Except

for emergency suspension orders, or actions initiated pursuant to Sections 3.117(a),

3.117(b), and 3.90(b)(10) of

the

Act, prior to initiating an action for

suspension, revocations, denial, nonrenewal, or imposition of a fine,

for

facility, system and equipment violations,

the Department shall:

1)

Issue a Notice of Violation which specifies the

Department's allegations of noncompliance and requests a plan of correction to

be submitted within 10 days after receipt of the Notice of Violation;

2)

Review and approve or reject the plan of correction.  If

the Department rejects the plan of correction, it shall send notice of the

rejection and the reason for the rejection.  The party shall have 10 days after

receipt of the notice of rejection in which to submit a modified plan;

3)

Impose a plan of correction if a modified plan is not

submitted in a timely manner or if the modified plan is rejected by the

Department;

4)

Issue a Notice of Intent to fine, suspend, revoke, nonrenew

or deny if the party has failed to comply with the imposed plan of correction,

and provide the party with an opportunity to request an administrative

hearing.  The Notice of Intent shall be effected by certified mail or by

personal service, shall set forth the particular reasons for the proposed

action, and shall provide the party with 15 days in which to request a hearing.

(Section 3.130 of the Act)

b)

Administrative hearings shall be conducted by the Director

or

his /her designee.

On the basis of any such hearing, or upon default

of the Respondent, the Director shall issue a Final Order specifying his

findings, conclusions and decision.  A copy of the Final Order shall be sent to

the Respondent by certified mail or served personally upon the Respondent

hearing.

(Section 3.130 of the Act)

b)

Administrative hearings shall be conducted by the Director

or

his /her designee.

On the basis of any such hearing, or upon default

of the Respondent, the Director shall issue a Final Order specifying his

findings, conclusions and decision.  A copy of the Final Order shall be sent to

the Respondent by certified mail or served personally upon the Respondent.

(Section 3.135 of the Act)

c)

The procedure governing hearings authorized by

the

Act

shall be in accordance with the Department's rules governing administrative

hearings

(77 Ill. Adm. Code 100).  (Section 3.135 of the Act)

d)

The Department shall have the authority to impose fines on

any licensed vehicle service provider, designated trauma center, resource

hospital, associate hospital or participating hospital.

(Section 3.140(a)

of the Act)

e)         In determining the amount of a fine, the Director shall

consider the following factors:

1)         The severity of the actual or potential harm to an individual

or the public;

2)         The numbers and types of protocols, standards, rules or

Sections of the Act that were violated in the course of creating the condition

or occurrence at issue;

3)         The reasonable diligence exercised by the facility,

pre-hospital care provider or System participant to avoid the violations or to

reduce the potential harm to individuals;

4)         Efforts by the facility, pre-hospital care provider or System

participant to correct the violations;

5)         Any previous violations of a like or similar nature by the

facility, pre-hospital care provider or System participant;

6)         Any financial benefit to the facility, pre-hospital care

provider or System participant of continuing the violations; and

7)         The cooperation or lack of cooperation with the Department's

investigation

r System

participant to correct the violations;

5)         Any previous violations of a like or similar nature by the

facility, pre-hospital care provider or System participant;

6)         Any financial benefit to the facility, pre-hospital care

provider or System participant of continuing the violations; and

7)         The cooperation or lack of cooperation with the Department's

investigation.

f)

A fine not exceeding $10,000

shall be issued

for a

violation which created a condition or occurrence presenting a substantial

probability that death or serious harm to an individual will or did result therefrom.

(Section 3.140(b)(1) of the Act)

g)

A fine not exceeding $5,000

shall be issued

for a

violation which creates or created a condition or occurrence which threatens

the health, safety or welfare of an individual.

(Section 3.140(b)(2) of

the Act)

h)

A Notice of Intent to Impose Fine may be issued in

conjunction with or in lieu of a Notice of Intent to Suspend, Revoke, Nonrenew

or Deny, and shall

(Section 3.140(c) of the Act) include:

1)         A description of the violation or violations for which the fine

is being imposed;

2)         A citation to the Sections of the Act, rules, protocols or

standards alleged to have been violated;

3)         The amount of the fine; and

4)         The opportunity to request an administrative hearing prior to

imposition of the fine, provided that the request for a hearing is made within

15 days after receipt of the notice.