Section 390.286  Notice of Penalty Assessment:  Response by Facility

a)         If the Director or his or her designee determines that a penalty is to be assessed, a written notice of penalty assessment shall be sent to the facility. Each notice of penalty assessment shall include:

1)         The amount of the penalty assessed as provided in Section 390.282.

2)         The amount of any reduction or whether the penalty has been waived pursuant to Section 390.288.

3)         A description of the violation, including a reference to the notices of violation and plans of correction that are the basis of the assessment.

4)         A citation to the provision of the statute or rule alleged to have been violated.

5)         A description of the right of the facility to appeal the assessment and of the right to a hearing under Section 3-703 of the Act. (Section 3-307 of the Act)

6)         For violations that are continuing at the time of the notice of assessment, the amount of additional penalties  per day that will be assessed.  (Section 3-307 of the Act)

b)         A facility may contest an assessment of a penalty by sending a written request for hearing to the Department under Section 3-703 of the Act. Upon receipt of the request, the Department will hold a hearing as provided under Section 3-703 of the Act. Instead of requesting a hearing pursuant to Section 3-703 of the Act, a facility may, within 10 business days after receipt of the notice of violation and fine assessment, transmit to the Department 65% of the amount assessed for each violation specified in the penalty assessment. (Section 3-309 of the Act)

c)         The facility shall pay the penalties to the Department within the time periods provided in Section 3-310 of the Act.

d)         The submission of 65% of the amount assessed for each violation specified in the penalty assessment shall constitute a waiver by the facility of a right to hearing (see Section 3-703 of the Act).

(Source:  Amended at 43 Ill. Reg. 3564, effective February 26, 2019)