Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.240 - Municipal Licensing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Municipalities that have adopted a licensing ordinance as provided under
				Section 3-104 of the Act and this Part shall adopt this Part by complying with
				Article I, Division 3, of the Illinois Municipal Code [65 ILCS
				5/1-3].
b) Expiration dates on
				licenses issued by municipalities shall be distributed throughout the calendar
				year. The month the license expires shall coincide with the date of original
				licensure of the licensee.
c) The
				municipality shall notify the Department within 10 days following the date of
				issuance or denial of a license that the municipal license has been issued or
				denied. If the license is issued, the notice shall include the facility name,
				address, the date of issuance, and the number of beds by level of care for
				which the license was issued. If the license is denied, the notice shall
				indicate reason for denial and the current status of licensee's (applicant's)
				application for municipal license.
d) The municipality shall use the same
				licensing classifications as the Department, and a municipality shall not issue
				a license to a facility for a different classification from the license issued
				by the Department
.
e) The Department and the municipality shall
				have the right at any time to visit and inspect the premises and personnel of
				any facility for the purpose of determining whether the applicant or licensee
				is in compliance with the Act, this Part, or with the local ordinances that
				govern the regulation of the facility. The Department may survey any former
				facility that once held a license to ensure that the facility is not operating
				without a license. Municipalities may charge a reasonable license or renewal
				fee for the regulation of facilities, which shall be in addition to the fees
				paid to the Department
.
f)
The licensing and enforcement
				provisions of the municipality shall fully comply with
the
Act
and this Part
and the municipality shall make
				available information as required by
the
Act.
(Section 3-104 of the Act)
g)
				Municipalities
which may have ordinances requiring the licensing and
				regulation of facilities with at least the minimum standards established by the
				Department under
the
Act, shall make periodic reports to the
				Department
as required by the Department.
This report shall
				include a list of those facilities licensed by
the
municipality, the number of beds of each facility and the date the
				license of each facility is effective.
(Section 3-105 of the
				Act)
h)
The
				Department
will
not issue a license to any person who has
				failed to qualify for a municipal license. If the issuance of a license by the
				Department antedates regulatory action by a municipality, the municipality
				shall issue a local license unless the standards and requirements under its
				ordinance or resolution are greater than those prescribed under
the
Act
and this Part. (Section 3-106(a) of the Act)
i)
In the event that the standards
				and requirements under the ordinance or resolution of the municipality are
				greater than those prescribed under
the
Act
and this
				Part,
the license issued by the Department shall remain in effect
				pending reasonable opportunity provided by the municipality, which shall not be
				less than 60 days, for the licensee to comply with the local
				requirements.
(Section 3-106(b) of the Act)