Section 200.70  Right to Hearing

a)         In the event that the Respondent seeks a hearing pursuant to matters raised in a Preliminary Order issued in accordance with Section 200.60, the Respondent must submit a request for a hearing by the date specified in the Preliminary Order.  In the event that a person seeks a hearing pursuant to the denial of an application for licensure or accreditation or the denial of reinstatement of licensure or accreditation by the Department, the person must submit a request for a hearing within thirty (30) days of such denial.

b)         This request must be in writing and must contain a brief statement of the basis upon which the Department's Preliminary Order or denial of licensure or accreditation is being challenged.

c)         If such request is not submitted by the date required in accordance with subsection (a), or if such request is submitted but later withdrawn, the action(s) proposed by the Department in the Preliminary Order or denial of licensure or accreditation shall be a final and binding administrative determination.

d)         No final decision shall be made or action taken by the Department until the Respondent has had an opportunity to request a hearing and, if requested, a hearing has been held, except that in cases wherein there is an immediate threat to public health or safety, the Department may take action to immediately enjoin such threat pending a hearing.  Such hearing shall be held within thirty (30) days of the Department's action (Ill. Rev. Stat. 1985, ch. 111½, par. 222).

(Source:  Former Section 200.70 renumbered to new Section 200.110, new Section 200.70 adopted at 10 Ill. Reg. 17200, effective September 25, 1986)