Section 2060.398  Hearings

a)         An organization may request a formal administrative hearing regarding action on the part of DHS/SUPR to suspend, revoke, or not issue or renew a license, except in cases in which DHS/SUPR determines that immediate action to summary suspend is necessary to protect the public interest, safety, or welfare.

b)         All hearings regarding DHS/SUPR licenses shall follow the procedures set forth in 89 Ill. Adm. Code 508.

c)         Any organization receiving a "Notice of Opportunity for Hearing" shall file for such hearing within 30 calendar days of notice or the hearing rights afforded under this rule shall be deemed waived.

d)         Both the burden of going forward with evidence and the burden of proof rest with the party requesting a hearing.  The burden of proof is to show by a preponderance of the evidence that the DHS/SUPR decision is contrary to the evidence on record when taken as a whole.

e)         Any organization that requests a hearing to contest a proposed sanction by DHS/SUPR shall have that action stayed pending the final administrative hearing decision.