Section 340.1150  Revocation or Denial of Renewal of License

a)         The license of a facility shall be revoked or application for renewal of a license of a facility shall be denied and the license of the facility shall be allowed to expire when the Director or his or her designee finds that a condition, occurrence, or situation in the facility meets any of the criteria specified in Section 340.1130(b) and in Section 3-119(a) of the Act).

b)         Pursuant to Section 10-65 of the Illinois Administrative Procedure Act  [5 ILCS 100/10-65], licensees who are individuals are subject to denial of renewal of licensure if the individual is more than 30 days delinquent in complying with a child support order.

c)         The license of a facility will be revoked when the facility fails to abate or eliminate a Type A violation or when the facility has committed 2 Type "AA" violations within a 2-year period.  Section 3-119(a) of the Act)

d)         When the Director, or his or her designee determines that the license of a facility is to be revoked or an application for renewal of a license of a facility is to be denied, the Department shall notify the facility.  The notice to the facility shall be in writing and shall include:

1)         A clear and concise statement of the violations on which the nonrenewal or revocation is based.  (Section 3-119(b) of the Act) The statement shall include a citation to the provisions of the Act or this Part on which the application for renewal is being revoked or denied.

2)         A statement of the date on which revocation will take effect or the current license of the facility will expire as provided in Section 3-119(d) of the Act.

3)         A notice of the opportunity of the applicant for a hearing to contest the nonrenewal or revocation of the license. (Section 3-119(b) and (c) of the Act)

e)         The Department may extend the effective date of the license revocation or expiration in any case in order to permit orderly removal and relocation of residents.  (Section 3-119(d)(3) of the Act)

(Source:  Amended at 35 Ill. Reg. 11896, effective June 29, 2011)