issue it is one of statutory construction a with several aspects to it primarily look at the plain language of sections three deaths seven zero two and three deshon twelve c of the nursing home care act but also how these sections relate to gether of related to article three part three of the act and the act as a whole the surveys at maryville manor in maple terrace were point surveys as opposed to an annual licensure survey or incident report survey under the nursing home care act section three dash through twelve lays out the requirements and procedures for annual incident report service section three deaths seven zero two in some and has time periods where surveys that are generated by points as well as some actions the department takes in relation to the person cold in point the plain language of three deaf seven zero two first talks about whether the department should initiate a complaint and it should be done differently based on the severity of the nature of the complaint and the department's argument is that's the end of our analysis they have thirty working days to make that determination but because no negative language is used in that statute it's not mandatory and they suffer nothing search and that negative language no later then makes it a mandatory time frame in which the department loses jurisdiction over the survey they don't meet that well what about tho seven o two and three then two twelve see separate from each other we have to read them together and we're seven the two requires the department make an earlier determination after a complete investigation within thirty working days which is directory in the legislature has the tools to make it mandatory that whilst you are now insist doesn't end there as far as the determination of a violation if it ends there then there's several other parts of the act section off see and section three a one to initiate the the rest of the actions of the act as a whole so were three deaths seven o two has a directory thirty work and a time limit on the department analysis and i think we can illustrate why that's an incorrect analysis on a couple of examples one if that's the end of the analysis how does the department get issuing the notice of a violation imposing a fine assessment imposing action against the license such as a conditional license or a license revocation all of those sections are in article three part three  in other words trying to save correctly through their act article three sets forth various things that purple should do if it finds a violation of the how that might work be a better way to put it we have different timing requirements we have what if you say could be viewed as the rectory and so we are the other which has a negative language which speaks of mandatory to manded some very quick action that the department take with respect to point and it says they shall make their determination than thirty working days and one thing that i think gets lost a bit in this  or not and we contend that it does apply even in complete cases because it has the longer mandatory time that the apartment cannot go beyond what be dreck tyrie because if they are found to be mandatory then the department may be put in a position where they have to rush through an investigation and issue an incomplete determination before they had all their and also in that situation of the silly me have some incentive to drag their feet or delay the investigation trying to but i keep up to that time frame and before the violation that's not the situation we hear here twelve one way that we see that very clearly is by the way is it sixty days of ninety days of sick presently it's ninety days that was amended when we two thousand and four the takes careful young consideration piers talked about on should these different surveys be treated differently and the department's never come up with any sort of justification to say why obama teen servian annual survey should differences there is the method that the department is engaged in looking into something like that and why with the nursing home care act we set up in such a way that there is a strict mandatory timeframe for the good morning your honor sam please the court tells counsel my name is paul resetting the system attorney general for the state of illinois and i represent illinois department of public all these consolidated appeals issue comments of both of these seven of article three of the act applies when there's a complaint investigation the things that happen afterwards and under their heart when a complaint is received about a facility the department sends out a nurse or a bay area to conduct an investigation until they actually get formal determination a violation if there is to be one and that the report is given to department management which has thirty work days under section three zero seven zero two d to decide whether the results of inspections and those are just looking for general problems but they're not motivated by say a family member or staff member taking this to the complaint of something that they've observed so so those are two different tracks of there within thirty working days is merely a directory and therefore the department is not whose jurisdiction over the violations if for some reason it doesn't comply with that timeframe those cases all deal with the issue here w but when there's a complaint received that part seven applies and with input seven or ten different time frames that the legislature has testified or complaint best actions particularly as we know the specific controls over the general even if you could determination was made two days late and the facilities are still something on this are you saying we should get away scot free with no consequences for these violations apartment this is the time even though the resident and their family on their determination that the public policy underpinnings of the act require protection of the residents and finding that the timeframe is mandatory would be out worse for the own but it shouldn't follow because they take this time of protection of residence and turn it on its head the francis house court addressed this and said hate if the department is so concerned with protecting technicality while the department only has authority read to it under the nursing home care act and that is explicitly telling the department that it has to make its determination in the later than sixty days  legislature essentially provides aspirational statutes as opposed to the good ones for which we re not see that's the quote i understand but we don't have to think about this is an aspirational scheme because they've specifically provided in two or three dash through twelve see that it's a mandatory time frame and drawn this distinction that a complaint is generated differently really turn the partner do investigations find out if something's there find out if that is a violation and if they determine a violation they have to take action or if they don't do it in time so very be trained in first aid and notifying the administration of bumps and bruises and superficial injuries says that the drug support personnel are the correct people to do that evaluation