Section 100.1  Authority – Applicability of these Rules

a)         This Part of practice and procedure for administrative hearings is promulgated pursuant to Section 5-10(a)(i) of the Illinois Administrative Procedure Act (IAPA) [5 ILCS 100/5-10(a)(i)].

b)         This Part shall govern all contested cases in the Department of Public Health, State of Illinois, except as noted in subsections (d) and (e) of this Section.  Where a licensing statute prescribes certain procedures or requirements for licensure hearings, those procedures or requirements will be followed as though they were set forth in these rules.  In the event there is a conflict between the licensing statute and this Part, the licensing statute shall prevail.

c)         This Part shall also apply to contested cases resulting from the Department's administration of any program on behalf of the United States government.  In the event there is a conflict between federal regulations and these rules, federal regulations shall prevail.

d)         This Part shall not govern the various informal administrative procedures established by the Department to resolve licensing issues or conflicts prior to initiating any action requiring a formal hearing.

e)         This Part shall not govern contested cases conducted pursuant to 77 Ill. Adm. Code 1180 (Practice and Procedure in Administrative Hearings) (Health Facilities Planning Board).

(Source:  Amended at 21 Ill. Reg. 3208, effective March 3, 1997)