Ill. Admin. Code tit. 77 § 295.1000

Current through Register Vol. 48, No. 42, October 18, 2024

Section 295.1000 - Revocation, Suspension, or Refusal to Renew a License

a) The Department, after notice to the applicant or licensee, may suspend, revoke, or refuse to renew a license in any case in which the Department finds any of the following:

1) That there has been a substantial failure to comply with the Act or this Part;

2) That there has been a conviction of the licensee, or of the person designated to manage or supervise the establishment, of a felony or of two or more misdemeanors involving moral turpitude during the previous five years as shown by a certified copy of the record of the court of conviction;

3) That the personnel are insufficient in number or unqualified by training or experience to properly care for the number and type of residents served by the establishment;

4) That the financial or other resources are insufficient to conduct and operate the establishment in accordance with this Part; or

5) That the establishment is not under the direct supervision of a full-time manager. (Section 65(a) of the Act)

b) Notice under this Section shall include a clear and concise statement of the violations on which the suspension, nonrenewal or revocation is based, the statute or rule violated, and notice of the opportunity for a hearing under Section 60 of the Act. (Section 65(b) of the Act)

c) If an establishment desires to contest the suspension, nonrenewal or revocation of a license, the establishment shall, within 10 days after receipt of notice under subsection (b) of this Section, notify the Department in writing of its request for a hearing under Section 60 of the Act.

d) Upon receipt of the request the Department shall send notice to the establishment and hold a hearing as provided under Section 60 of the Act. (Section 65(c) of the Act)

e) The effective date of suspension, nonrenewal or revocation of a license by the Department shall be as provided in Section 65(d) of the Act. (Section 65(d) of the Act)

f) The Department may refuse to issue or may suspend the license of any person who fails to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied. (Section 65(e) of the Act)

g) Pursuant to Section 10-65 of the Illinois Administrative Procedure Act, licensees who are individuals are subject to revocation or denial of renewal of licensure if the individual is more than 30 days delinquent in complying with a child support order.

h) The Department may extend the effective date of license revocation, suspension or expiration if necessary to permit relocation of residents.

Ill. Admin. Code tit. 77, § 295.1000