Section 330.276  Notice of Violation

a)         Each notice of violation shall be prepared in writing and shall include the following information:

1)         A description of the nature of the violation.

2)         A citation of the specific statutory provision or rule alleged by the Department to have been violated.  (Section 3-301 of the Act)

3)         A statement of the type of violation as determined pursuant to Section 330.274.

4)         Information regarding any action the Department may take under the Act, including the requirement of a facility plan of correction under Section 3-303 of the Act; placement of a facility on a list prepared under Section 3-304 of the Act; assessment of a penalty under Section 3-305 of the Act; issuance of a conditional license under Sections 3-311 through 3-317 of the Act; or license suspension or revocation under Section 3-119 of the Act.

5)         Information regarding the rights to a hearing under Section 3-703 of the Act.  (Section 3-301(a) of the Act)

6)         One of the following requirements for corrective action:

A)        For Type "AA" violations and Type "A violations, a statement that necessary corrective action to abate or eliminate the situation, condition or practice constituting a Type "AA" violation or a Type "A" violation shall be taken 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.  (Section 3-303(a) of the Act)  In setting this period, the Department will consider whether harm to residents of the facility is imminent, whether necessary precautions can be taken to project residents before the corrective action is completed, and whether delay would pose additional risks to the residents.

B)        For Type "B" violations, a request that the facility submit a plan of correction within ten days after receipt of the notice of violation pursuant to Section 3-303(b) of the Act and Section 330.278.  (Section 3-303(b) of the Act)

b)         Each notice of violation shall be sent to the facility and the licensee or served personally at the facility within ten days after the Director determines that issuance of a notice of violation is warranted under Section 300.272.  (Section 3-301(a) of the Act).

(Source:  Amended at 48 Ill. Reg. 7397, effective May 3, 2024)