(210 ILCS 45/3-303) (from Ch. 111 1/2, par. 4153-303)
Sec. 3-303.
(a) The situation, condition or practice constituting a Type "AA" violation or a Type
"A" violation shall be abated or eliminated immediately unless a fixed period
of time, not exceeding 15 days, as determined by the Department and specified
in the notice of violation, is required for correction.
(b) At the time of issuance of a notice of a Type "B" violation,
the Department shall request a plan of correction which is subject to the
Department's approval. The facility shall have 10 days after receipt of
notice of violation in which to prepare and submit a plan of correction.
The Department may extend this period up to 30 days where correction involves
substantial capital improvement. The plan shall include a fixed time period
not in excess of 90 days within which violations are to be corrected. If
the Department rejects a plan of correction, it shall send notice of the
rejection and the reason for the rejection to the facility. The facility
shall have 10 days after receipt of the notice of rejection in which to
submit a modified plan. If the modified plan is not timely submitted, or
if the modified plan is rejected, the facility shall follow an approved
plan of correction imposed by the Department.
(c) If the violation has been corrected prior to submission and approval
of a plan of correction, the facility may submit a report of correction
in place of a plan of correction. Such report shall be signed by the
administrator under oath.
(d) Upon a licensee's petition, the Department shall determine whether
to grant a licensee's request for an extended correction time. Such petition
shall be served on the Department prior to expiration of the correction
time originally approved. The burden of proof is on the petitioning facility
to show good cause for not being able to comply with the original correction
time approved.
(e) If a facility desires to contest any Department action under this
Section it shall send a written request for a hearing under Section 3-703
to the Department within 10 days of receipt of notice of the contested action.
The Department shall commence the hearing as provided under Section 3-703.
Whenever possible, all action of the Department under this Section arising
out of a violation shall be contested and determined at a single hearing.
Issues decided after a hearing may not be reheard at subsequent hearings
under this Section.
(Source: P.A. 96-1372, eff. 7-29-10.)
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