reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 100 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart A - APPLICABILITY AND DEFINITIONS › Section 100.1 - Authority and Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				This Part governing practice and procedure for administrative hearings is
				promulgated pursuant to Section 5-10(a)(i) of the Illinois Administrative
				Procedure Act (IAPA). Subpart B provides rules for Department hearings. Subpart
				C provides rules for hearings under the Smoke Free Illinois Act.
b) This Part governs all contested cases in
				the Department of Public Health, State of Illinois, except as noted in
				subsection (d) of this Section. When a licensing statute prescribes certain
				procedures or requirements for licensure hearings, those procedures or
				requirements will be followed as though they were set forth in this Part. If
				there is a conflict between the licensing statute and this Part, the licensing
				statute shall prevail.
c) This Part
				also applies to contested cases resulting from the Department's administration
				of any program on behalf of the United States government. If there is a
				conflict between federal regulations and this Part, federal regulations shall
				prevail.
d) This Part does not
				govern informal administrative procedures established by the Department to
				resolve licensing issues or conflicts prior to initiating any action requiring
				a formal hearing.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 100 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart B - GENERAL HEARINGS › Section 100.3 - Parties to Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except
				for hearings conducted pursuant to the Nursing Home Care Act (NHCA), MC/DD Act,
				SMHRF Act, or the ID/DD Act, the parties to an administrative hearing before
				the Department are the Department (as Complainant) and the
				Respondent.
b) For hearings
				conducted pursuant to the NHCA, MC/DD Act, SMHRF Act, or the ID/DD Act:
1) In a Complainant's hearing (Section
				3-702(g) of the NHCA, MC/DD Act, or the ID/DD Act), the parties are the
				Department and the Complainant. The facility that was investigated may
				participate as a third party (see Section
				100.6
				of this Part).
2) In a denial of
				access hearing (Section 2-110(d) of the NHCA, MC/DD Act, or the ID/DD Act), the
				parties are the person who requested a hearing based on denial of access to a
				facility and the facility.
3) In an
				involuntary transfer/discharge hearing, the parties are the resident who is to
				be transferred/discharged and the facility.
4) In all other NHCA, MC/DD Act, SMHRF Act,
				or ID/DD Act hearings, the parties are the Department (as Complainant) and
				facility (as Respondent). If the action resulted from a complaint filed with
				the Department, the person who filed the complaint may participate as a third
				party.
5) A third party shall file
				an appearance with the administrative law judge on or before the date of the
				prehearing conference, if one is scheduled, or prior to the hearing date if no
				prehearing conference was scheduled.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 100 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart B - GENERAL HEARINGS › Section 100.4 - Appearance - Right to Counsel

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Any party to a proceeding may appear and be represented by a private attorney
				authorized to practice law in the State of Illinois at the party's own cost.
				Any individual party may waive this right and represent himself or herself. For
				hearings conducted pursuant to Sections 2-110(d) and 3-410 of the NHCA, the
				MC/DD Act, and the ID/DD Act, a visitor or resident shall have the option of
				being represented by a non-attorney of his or her choosing. A corporation, a
				limited liability company, partnership, association, or certified local health
				department shall appear and be represented only by an attorney authorized to
				practice law in the State of Illinois. A shareholder, corporate officer,
				employee, or member of the board of directors may not appear or represent a
				corporation or association unless that individual is authorized to practice law
				in the State of Illinois.
b) All
				persons appearing in proceedings before the Department, including a visitor's
				or resident's non-attorney representative, shall conform to the standards of
				ethical conduct required of attorneys before the courts of Illinois. If any
				person or attorney does not conform to those standards, the administrative law
				judge may decline to permit that person to appear in any proceeding.
c) Any attorney or other person appearing
				before the Department as a representative of a visitor or resident shall file
				an Appearance form containing: the name of the party represented; the name,
				address, electronic mail address, and telephone number of the attorney or
				representative; an affirmative statement that the attorney is or is not duly
				licensed in the State of Illinois; and the written signature of the attorney or
				representative.
d) Special
				appearances are not recognized. The initial appearance, regardless of form, is
				deemed a general appearance.
e) An
				attorney may withdraw his or her appearance and/or representation only upon
				motion and appropriate ruling by the administrative law judge in accordance
				with Illinois Supreme Court Rule 13. However, attorneys may be substituted
				without motion upon notice to all parties and the administrative law judge if
				the substitution will not delay the proceedings, a statement to that effect is
				contained in the notice, and a substitute Appearance form is filed concurrently
				with the notice.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 100 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart B - GENERAL HEARINGS › Section 100.5 - Emergency Action

Current through Register Vol. 48, No. 28, July 12, 2024
If the
Director
finds that the
				  public interest, safety, or welfare imperatively requires emergency action, and
				  if the
Director
incorporates a finding to that effect
				  in
an
order, summary suspension of a license
or
				  summary suspension of authorization to conduct a particular activity
may be ordered, pending proceedings for revocation,
termination
or other action. Those proceedings shall be promptly
				  instituted and determined.
(Section 10-65 of the
				  IAPA)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 100 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart B - GENERAL HEARINGS › Section 100.7 - Initiation of a Contested Case

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
				contested cases, except those held pursuant to Section
				100.6,
				the Department shall serve on the Respondent a Notice of Opportunity for an
				Administrative Hearing, which shall contain:
1)
a statement of the time, place,
				and nature of the
action;
2)
a statement of the legal authority
				and jurisdiction under which the hearing is to be held
;
3)
a reference to the particular
				Sections of the
applicable
substantive and procedural statutes
				and rules;
4) allegations
				of noncompliance;
5) a statement of
				the procedure for requesting an administrative hearing (see Section 10-25 of
				the IAPA), including a date by which the request must be received by the
				Department, which must be at least 10 days after the Notice is mailed or
				personally served;
6) unless the
				case is brought pursuant to Title XVIII (health insurance for the aged and
				disabled) or XIX (medical assistance) of the Social Security Act, or the NHCA,
				the MC/DD Act, or the ID/DD Act, a statement setting forth the requirement of
				an Answer, pursuant to subsection (d) of this Section; and
7)
except where a more detailed
				statement is otherwise provided for by law, a short and plain statement of the
				matters asserted, the consequences of a failure to respond, and the official
				file or reference number.
(Section 10-25 of the IAPA)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 100 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart B - GENERAL HEARINGS › Section 100.9 - Form of Papers

Current through Register Vol. 48, No. 28, July 12, 2024
a) Absent
				prior leave from the Director or the administrative law judge assigned to a
				given matter, all documents filed in any proceedings, except exhibits, shall be
				computer generated, with text being double-spaced and using a 12 point font.
				All documents' margins shall be set at one (1) inch throughout the document.
				Long quotations shall be single spaced and indented.
b) All pleadings, written motions, or notices
				filed in the administrative proceedings shall be dated and signed by the party
				filing the paper or his or her attorney or representative.
c) Pleadings, written motions, and notices
				shall contain the docket number for the proceeding (once set), the mailing
				address and electronic mail address of the party filing the paper, provided
				that the complainant has an electronic mail address, or, if represented by an
				attorney or other representative, the name, business address, electronic mail
				address, and telephone number (including area code) of such attorney or
				representative.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 100 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart B - GENERAL HEARINGS › Section 100.10 - Service

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notices under
				Section
				100.7(a)
				shall be served either personally, by certified mail or by electronic mail upon
				all parties (including complainants under the NHCA, the MC/DD Act, the SMHRF
				Act, and the ID/DD Act when applicable) or their agents appointed to receive
				service of process unless the applicable licensing statute requires a different
				form of service, in which case service shall conform to the statute.
b) Service to the last official electronic
				mail or mailing address of a party or agent provided to the Department by a
				party shall be considered in compliance with this Section. Notices and
				citations sent by certified mail to the last known mailing address of a party
				or agent which are returned to the Department as unclaimed or refused by the
				addressee shall be considered served. For purposes of this Section, the "last
				official electronic or mailing address" shall be: the electronic mail and/or
				mailing address listed on the most recent application submitted to the
				Department, unless the Department has been subsequently notified in writing of
				a change of address. For certified nursing assistants and habilitation aides,
				the "most recent application" shall be the information submitted by the
				training program or testing entity that qualified the individual to be entered
				on the registry.
c) Service of
				pleadings or motions under this Section, unless otherwise provided for in this
				Section, shall be made by any manner consistent with the provisions of Section
				10-75 of the Illinois Administrative Procedure Act. When any party or parties
				have appeared by attorney, service upon the attorney shall be deemed service
				upon the party or parties. All pleading or motions under this Section shall
				also be served upon the administrative law judge.
d) Proof of service under subsection (b)
				shall be by either:
1) certificate of
				attorney; or
2) affidavit or
				verification by certification.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 100 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart B - GENERAL HEARINGS › Section 100.11 - Prehearing Conferences

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				administrative law judge shall schedule an initial prehearing conference for
				all cases, which may be conducted in-person, telephonically, or by
				videoconference. Subsequent prehearing conferences shall be scheduled by the
				administrative law judge, as necessary. Except for those cases arising under
				Section 2-110(d) and 3-410 of the NHCA, Section 3-401 of the ID/DD Act, and
				Section 3-401 of the MC/DD Act, the complainant and respondent shall be
				prepared to discuss the following issues at the initial prehearing conference:
1) the prospects for settlement of the matter
				and the length of time anticipated by both parties to reach a
				resolution;
2) the simplification
				of the issues;
3) amendments to the
				pleadings;
4) the possibility of
				obtaining admissions of fact and of documents that will avoid unnecessary
				proof;
5) the limitation of the
				number of expert witnesses;
6) any
				other matters that may aid in the disposition of the hearing; and
7) a hearing date.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 100 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart B - GENERAL HEARINGS › Section 100.12 - Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
a) Prior to the
				initial prehearing conference, the Department shall provide all parties with a
				copy of all of the Department's inspection or investigative reports resulting
				in the Allegations of Noncompliance or the Notice of Opportunity for an
				Administrative Hearing. If no pre-hearing conference is held, the Department
				shall provide copies of the investigative reports prior to the
				hearing.
b) At least 21 days prior
				to the commencement of the hearing, and consistent with Section
				100.19(b),
				each party shall provide all other parties with a copy of any document that it
				may seek to offer into evidence. This subsection shall not require any party to
				again provide copies of those documents already provided by the Department
				under subsection (a).
c) At least
				21 days prior to the commencement of the hearing, each party shall provide all
				other parties with a list containing the name and address of any witness who
				may be called to testify.
d) All
				parties shall be entitled to any exculpatory evidence in the Department's
				possession that tends to support the Respondent's position or that would
				impeach the credibility of a Department witness.
e) The Respondent shall produce documents,
				books, records, or other evidence that relates directly to conduct of the
				business entity or other subject of the administrative hearing within seven
				days upon a written request by the Department.
f) All parties shall be under a continuing
				obligation to promptly update requested discovery until the hearing is
				concluded without the necessity for further or additional requests.
g) There shall be no depositions for
				discovery purposes or interrogatories allowed in any proceedings brought
				pursuant to this Part, except as agreed to by the parties.
h) Requests to Admit Facts and Genuineness of
				Documents shall be allowed in accordance with Supreme Court Rule 216.
i) Nothing contained in this Section shall
				preclude the parties from agreeing to the voluntary exchange of more
				information than is required.
j)
				Copies of any record containing the personal health information of any
				individual shall not be shared with a third party (see Section
				100.3(b)),
				unless that third party possesses legal authority to access personal health
				information under a written power of attorney, certified copy of a court order
				or other written HIPAA compliant authorization.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 100 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart B - GENERAL HEARINGS › Section 100.13 - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) All hearings
				conducted in any proceedings shall be open to the public.
b) Hearings will be conducted by the Director
				or by an administrative law judge appointed by the Director. If the Director
				conducts the hearings, any reference in this Section to the administrative law
				judge shall be read to refer to the Director.
c) The administrative law judge shall have
				all authority necessary to conduct a hearing, take all necessary actions to
				avoid delay, maintain order, to ensure the development of a clear and complete
				record, and to set reasonable limits on the scope of testimony or argument. He
				or she shall also have the authority to:
1)
				Administer oaths and ensure that all witnesses are duly sworn;
2) Issue subpoenas;
3) Hold informal conferences for the
				settlement, simplification, or definition of issues;
4) Make rulings on all procedural requests,
				motions, and other similar matters;
5) Continue the hearing from time to time
				when necessary;
6) Examine
				witnesses; and
7) Rule upon the
				admissibility of any evidence or testimony which a party seeks to enter into
				the record.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 100 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart B - GENERAL HEARINGS › Section 100.14 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
a)Subpoenas
				requiring the attendance and the giving of testimony by witnesses, and
				subpoenas duces tecum requiring the production of books, papers, records or
				memoranda, may be issued by the Director or the administrative law judge upon
				his or her own motion or upon the written request of any party upon a showing
				of the relevancy of the request to the issues in the hearing. For good cause
				shown, the Director or the administrative law judge may deny or modify the
				request for subpoenas. Alternatively, an attorney of record may issue subpoenas
				pursuant to Section 2-1101 of the Code of Civil Procedure. Copies of the
				subpoenas and any documents obtained by subpoenas duces tecum shall be promptly
				served on all other parties. No Department employee shall be subject to a
				subpoena without prior express authorization of the administrative law
				judge.
b)Subpoenas issued by the
				Director or the administrative law judge upon the request of a party to the
				proceeding shall be delivered to the requesting party, who shall be responsible
				for serving the subpoenas. Subpoenas shall be served personally or by certified
				mail at least seven days before the date on which appearance or production is
				required. Copies of the subpoenas and any documents obtained by subpoenas duces
				tecum shall be promptly served on all other parties.
c)The witness fee for attendance and travel
				shall be the same as the fee of witnesses before the circuit courts of this
				State. When a witness is subpoenaed by the Director, or by the administrative
				law judge upon his or her own motion or upon the request of the Department, the
				witness fee shall be paid in the same manner as other expenses of the
				agency.
d)The appearance at the
				hearing of a party, or a person who at the time of the hearing is an officer,
				director or employee of a party, may be required by serving the party with a
				notice designating the person who is required to appear at least seven days
				before the date on which appearance is required.
e)Subpoenas shall be enforced in the same
				manner as subpoenas issued by the circuit courts of this State.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 100 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart B - GENERAL HEARINGS › Section 100.15 - Administrative Law Judge's Report and Recommendations

Current through Register Vol. 48, No. 28, July 12, 2024
At the conclusion of a hearing at which the Director has not
				  presided, the administrative law judge shall make a written report of the
				  hearing, with his or her findings of fact and conclusions of law and his or her
				  recommendations, if any, to the Director.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 100 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart B - GENERAL HEARINGS › Section 100.17 - Final Orders

Current through Register Vol. 48, No. 28, July 12, 2024
a) A written
				final order shall be issued in every contested case.
A final
order
shall include findings of fact and conclusions of law, separately
				stated. All
final
orders shall specify whether they are final
				and subject to the Administrative Review Law
and any applicable
				licensing statute. (Section 10-50 of the IAPA)
b) A final order shall be served on
parties or their agents appointed to receive service of
				process
, by any means that will satisfy the requirements for service
				of process under Section 10-25 of the IAPA.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 100 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart B - GENERAL HEARINGS › Section 100.18 - Records of Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
a) A full
				and complete record shall be kept of all proceedings. The record shall include
				the following:
1) all pleadings (including
				all notices and responses thereto), motions, and rulings;
2) an audio recording or stenographic
				transcript of the hearing, if any, and all evidence received;
3) a statement of matters officially
				noticed;
4) any offers of proof,
				objections and rulings thereon;
5)
				any proposed findings and exceptions;
6) any decision, opinion, or report by the
				administrative law judge;
7) all
				staff memoranda or data submitted to the administrative law judge or members of
				the Department in connection with their consideration of the case;
				and
8) any communication prohibited
				by Section 10-60 of the IAPA. No such communication shall form the basis for
				any finding of fact. (Section 10-35 of the IAPA)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 100 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart B - GENERAL HEARINGS › Section 100.19 - Miscellaneous

Current through Register Vol. 48, No. 28, July 12, 2024
a) Ex parte
				consultation.
Except in the disposition of matters that
the
				Department is
authorized by law to entertain or dispose of on an ex
				parte basis,
the administrative law judge or Director
shall
				not, after notice of hearing, communicate directly or indirectly, in connection
				with any other issue of fact, with any person or party, his or her
				representative,
or any person interested in the outcome of the
				proceeding,
except upon notice and opportunity for all parties to
				participate. However,
a Department
member may communicate with
				other members of
the Department and an
administrative law
				judge may have the aid and advice of one or more personal assistants.
1)
An ex parte communication received
				by
the Director, any Department
employee, or the
				administrative law judge shall be made a part of the record of the pending
				matter, including all written communications, all written responses to the
				communications, and a memorandum stating the substance of all oral
				communications and all responses made and the identity of each person from whom
				the ex parte communication was received.
2)
Communications regarding matters
				of procedure and practice, such as the format of pleadings, number of copies
				required, manner of service, and status of proceedings, are not considered ex
				parte communications under
this Section
.
(Section
				10-60 of the IAPA)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 100 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart C - ADMINISTRATIVE HEARINGS UNDER THE SMOKE FREE ILLINOIS ACT › Section 100.25 - Initiation of a Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				alleged violator receiving a citation pursuant to the Smoke Free Illinois Act
				(SFIA) shall submit a request for hearing to the enforcing agency that issued
				the citation. The enforcing agency shall forward the request to the Department
				for scheduling. Failure to request a hearing within 10 calendar days after the
				citation is received (or failure to attend a hearing when scheduled) or failure
				to pay the total amount of the fine, without objection, within 28 calendar days
				after the citation is issued will result in a final decision and order being
				entered against the alleged violator.
b)
The Department shall serve written
				notice to all parties of the time, place, nature, and location of the hearing,
				not less than 10 days prior to the hearing.
(SFIA Section 40(d) and
				IAPA Section 10-25)
c) The Notice
				of Hearing
shall include the following:
1)
A statement of the time, place,
				telephone number and nature of the hearing;
2)
A statement of legal authority and
				jurisdiction under which the hearing is to be held;
3)
The names, mailing
				addresses
, and electronic mail addresses
of the Administrative
				Law Judge, all parties, and all other persons
who are given notice of
				the hearing (IAPA Section 10-25);
4) Copies of the original citation and any
				documents to be introduced pursuant to Section
				100.60(d);
				and
5) Information as to how the
				alleged violator can access a copy of this Part and the SFIA on the
				Department's website.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 100 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart C - ADMINISTRATIVE HEARINGS UNDER THE SMOKE FREE ILLINOIS ACT › Section 100.35 - Parties to Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
The parties to the hearing shall be the enforcing agency and
				  the alleged violator, unless the Department issues the citation, in which case
				  the Department shall be a party. (SFIA Section 40(d))
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 100 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart C - ADMINISTRATIVE HEARINGS UNDER THE SMOKE FREE ILLINOIS ACT › Section 100.40 - Right to Counsel

Current through Register Vol. 48, No. 28, July 12, 2024
An opportunity shall be afforded all parties to be
				  represented by private legal counsel at the party's own cost and to respond and
				  present evidence and argument. (IAPA Section 10-25) An individual may represent
				  himself or herself. A corporation, limited liability company, partnership,
				  association, certified local health department, municipality or county shall
				  appear and be represented only by an attorney authorized to practice law in the
				  State of Illinois. A shareholder, corporate officer, employee or member of the
				  board of directors may not appear or represent a business entity, association
				  or local health department unless that individual is authorized to practice law
				  in the State of Illinois.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 100 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart C - ADMINISTRATIVE HEARINGS UNDER THE SMOKE FREE ILLINOIS ACT › Section 100.45 - Prehearing Conference

Current through Register Vol. 48, No. 28, July 12, 2024
A telephonic prehearing conference may be scheduled by the
				  administrative law judge in accordance with Section
				  100.11.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 100 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart C - ADMINISTRATIVE HEARINGS UNDER THE SMOKE FREE ILLINOIS ACT › Section 100.50 - Motions

Current through Register Vol. 48, No. 28, July 12, 2024
All Motions brought in a proceeding taking place under the
				  SFIA shall conform to the requirements for Motions set forth under Section
				  100.8.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 100 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart C - ADMINISTRATIVE HEARINGS UNDER THE SMOKE FREE ILLINOIS ACT › Section 100.55 - Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
All discovery in SFIA cases shall proceed according to the
				  provisions for discovery under Section
				  100.12. All parties
				  shall be under a continuing obligation to promptly update requested discovery
				  until the hearing is concluded without the necessity for further or additional
				  requests.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 100 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart C - ADMINISTRATIVE HEARINGS UNDER THE SMOKE FREE ILLINOIS ACT › Section 100.60 - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				administrative law judge shall be an attorney licensed to practice law in
				Illinois who is appointed by the Director to preside at an administrative
				hearing. The procedure for disqualification of an administrative law judge set
				out in Section
				100.8(i)
				applies to this Subpart.
b) All
				hearings shall be open to the public. The administrative law judge will
				determine whether to conduct the hearing through telephonic or videoconference
				technology, based on travel distances for all parties and witnesses, the need
				to expedite the proceeding, or the availability of a location.
1)
The hearing shall be conducted at
				the nearest regional office of the Department, or in a location contracted by
				the Department in the county where the citation was issued.
(SFIA
				Section 40(d)) If the hearing is conducted electronically in accordance with
				subsection (b), unless otherwise agreed by all parties, at least one party or
				the administrative law judge shall attend the hearing at the nearest regional
				office or in a location contracted by the Department in the county where the
				citation was issued.
2) All
				exhibits intended to be offered into evidence during a telephonic hearing shall
				be received by the administrative law judge no later than 24 hours prior to the
				hearing. Exhibits may be submitted to the administrative law judge through U.S.
				Mail, electronic mail or fax.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 100 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart C - ADMINISTRATIVE HEARINGS UNDER THE SMOKE FREE ILLINOIS ACT › Section 100.70 - Report and Recommendations

Current through Register Vol. 48, No. 28, July 12, 2024
The administrative law judge shall prepare a recommended
				  decision, including findings of fact and conclusions of law, separately stated,
				  in accordance with Section
				  100.15
				  of this Part.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 100 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart C - ADMINISTRATIVE HEARINGS UNDER THE SMOKE FREE ILLINOIS ACT › Section 100.80 - Final Order and Payment of Fines

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Director shall issue a final order, which shall either adopt or reject the
				findings of fact and conclusions of law, separately stated (IAPA Section
				10-50).
b) All fines shall be paid
				in full within 10 calendar days after the final order is served.
c) Fines not paid in accordance with Section
				100.80(b)
				may be collected by the Department through a private collection agency
				authorized to transact business in Illinois.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 100 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart C - ADMINISTRATIVE HEARINGS UNDER THE SMOKE FREE ILLINOIS ACT › Section 100.90 - Record of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
A record of the hearing proceedings shall be kept in
				  accordance with Sections
				  100.18 and
				  100.60(c).
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 150 - RESOURCES › Section 150.100 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For the purposes of this Part, the following definitions shall
				apply:
"Act" means the Department of Public Health Powers and Duties
				Law of the Civil Administrative Code.
"Department"
means
the Department of
				Public Health
. (Section 2310-5 of the Act)
"Health Care Provider" means any health care entity as defined
				in the Health Care Services Lien Act:
Hospitals licensed under the Hospital Licensing Act.
Home health agencies licensed under the Home Health, Home
				Services, and Home Nursing Agency Licensing Act.
Ambulatory surgical treatment centers licensed under the
				Ambulatory Surgical Treatment Center Act.
Ambulatory surgical treatment facilities accredited by one of
				the following:
The American Association for Accreditation of Ambulatory
				Surgical Facilities;
Joint Commission (formerly the Joint Commission on
				Accreditation of Healthcare Organizations);
Accreditation Commission for Health Care/Healthcare Facilities
				Accreditation Program; or
The Accreditation Association for Ambulatory Health
				Care.
Long-term care facilities licensed under one of the
				following:
The Nursing Home Care Act;
The MC/DD Act; or
The ID/DD Community Care Act.
Emergency medical services personnel licensed under the
				Emergency Medical Services (EMS) Act.
Laboratories as that term is defined in Section 2-103 of the
				Illinois Clinical Laboratory and Blood Bank Act.
"Laboratory" means any laboratory as defined in the Illinois
				Clinical Laboratory and Blood Bank Act.
"
Phlebotomist"
means
a person
				specifically trained to draw blood for diagnostic purposes in a health care
				setting
. (Section 2310-218(a) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 150 - RESOURCES › Section 150.200 - Referenced Materials

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 following accreditation associations are referenced in this Part:
1) American Association for Accreditation of
			 Ambulatory Surgical Facilities, 7500 Grand Avenue, Suite 200, Gurnee, Illinois
			 60031 (
www.aaaasf.org/
)
2) Joint Commission, One Renaissance
			 Boulevard, Oakbrook Terrace, Illinois 60181 (
www.jointcommission.org/accreditation-and-certification/health-care-settings/ambulatory-health-care/
)
3) Accreditation Commission for Health
			 Care/Healthcare Facilities Accreditation Program, 139 Weston Oaks Ct. Cary,
			 North Carolina 27513 (
www.achc.org/hfap/
)
4) Accreditation Association for Ambulatory
			 Health Care, 5250 Old Orchard Road, Suite 200, Skokie, Illinois 60077 (
www.aaahc.org/
)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 150 - RESOURCES › Section 150.400 - Training Materials

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
			 applicable health care providers and laboratories shall
ensure that all
			 phlebotomists are trained in the most current methods of drawing blood from
			 children and adults with intellectual and developmental disabilities
.
			 Health care providers shall supplement any existing phlebotomist training with
			 additional training materials provided on the Department's website. (Section
			 2310-218(b) of the Act)
b) The
			 training described in subsection (a) shall be
part of a phlebotomist's
			 initial employment training and
shall be
part of any ongoing
			 training to maintain competencies and certifications as a
			 phlebotomist
. (Section 2310-218(c) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 190 - GRANT PAYMENTS FOR GOODS/SERVICES RENDERED IN PRIOR FISCAL YEARS › Section 190.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Department" means the Illinois Department of Public
				Health.
"Prior Fiscal Year Payments" means a reimbursement voucher
				processed for goods/services rendered in any prior state fiscal year.
Only the date(s) of service and the state fiscal year of the
				expenditure are needed to determine if a voucher represents a prior fiscal year
				payment.
In the event that the dates of service straddle two different
				state or federal fiscal years (e.g., June 26-July 3), the invoice/billing will
				be prorated between the two fiscal years according to the services provided
				each day or the number of days of service in each fiscal year. Where this
				proration is not possible or practical, the invoice/billing will be paid from
				the funds of the fiscal year in which the services commence or, if such funds
				are not available, the invoice/billing will be paid from the current fiscal
				year funds and will be treated as a prior fiscal year payment for services
				rendered in the first fiscal year.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 190 - GRANT PAYMENTS FOR GOODS/SERVICES RENDERED IN PRIOR FISCAL YEARS › Section 190.20 - Conditions/Term for Prior Fiscal Year Payments

Current through Register Vol. 48, No. 28, July 12, 2024
If the Department receives valid billings for goods/services
				provided in a prior state fiscal year, the Department shall pay for those
				goods/services subject to the following conditions:
a) Prior fiscal year payments must be limited
			 to grant payments allowable under "An Act in relation to State finance" (Ill.
			 Rev. Stat. 1983, ch. 127, par. 161). Valid billings must be billings for which
			 goods/services are provided under the Department's Chronic Renal Disease
			 Program (77 Ill. Adm. Code 700), Hemophilia Program (77 Ill. Adm. Code 705),
			 Rape Victims Assistance Program (77 Ill. Adm. Code 545), Perinatal Program (77
			 Ill. Adm. Code 640) or the Federal Women, Infant and Children (WIC)
			 Supplemental Food Program.
b) As
			 always, current appropriation authority must be available to make the payment.
			 If the current appropriation(s) for the applicable program is (are) exhausted,
			 then the payment must be held until new/supplemental appropriation authority
			 becomes available.
c) If the
			 payment is to be made from federal funds, the applicable federal grant award
			 must also have funds available to make the payment. If the applicable federal
			 grant award is exhausted or has been finalized and closed, further payments are
			 prohibited.
d) The invoice/billing
			 for services rendered must be received by the Department within all applicable
			 deadlines prescribed by program regulations, (vendor/grantee) agreements and
			 contracts; however, the Department shall refuse to pay invoices/billings for
			 services rendered more than twelve (12) months prior to the date the invoice is
			 received by the Department. The only exception to this policy will be for
			 payment of monies due as a result of such actions as, but not limited to,
			 Illinois Department of Public Health audits, Public Aid audits and prior year
			 adjustments.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 190 - GRANT PAYMENTS FOR GOODS/SERVICES RENDERED IN PRIOR FISCAL YEARS › Section 190.30 - Processing of Prior Fiscal Year Payments

Current through Register Vol. 48, No. 28, July 12, 2024
a) Assuming that invoices/billings received
			 meet the conditions necessary for payment (outlined in Section
			 190.20 ), payments will
			 be made in the order that billings are received by the Department, rather than
			 use date of service or some other criteria for payment.
b) During the three month lapse period (from
			 July 1 through September 30), some programs will have the option of paying for
			 prior years' services from either the lapsing appropriations or new (current)
			 appropriation accounts. In order to get maximum use of Department
			 appropriations and avoid any possible delays in payment while the Department's
			 new appropriation bill is being signed into law, valid prior fiscal year
			 billings will be paid from lapsing appropriations until the end of the lapse
			 period or the lapse period appropriations are exhausted.
c) Payments for prior fiscal years services
			 must be invoiced separately from payments for current fiscal years services.
			 Invoices/vouchers for prior fiscal years goods/services must indicate on the
			 face of the invoice/voucher the prior fiscal year during which goods/services
			 were rendered and the date(s) of service. Such invoices/vouchers should be
			 separated from current fiscal year invoices/vouchers for purposes of
			 transmittal to the Department. There shall also be a transmittal memorandum,
			 note, etc., that clearly indicates that the invoices/vouchers are for services
			 rendered in a prior state fiscal year.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 190 - GRANT PAYMENTS FOR GOODS/SERVICES RENDERED IN PRIOR FISCAL YEARS › Section 190.40 - Court of Claims

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Court of
			 Claims cases which are currently in process will be handled in the same manner
			 as Court of Claims cases were handled prior to the enactment of Public Act
			 83-99; however, if the claim is for services rendered in a state fiscal year in
			 which the Department's appropriation (for that program) was exhausted, the
			 claimant may submit a new invoice/voucher for payment. If the new billing or
			 invoice meets the criteria outlined in Section
			 190.20, the Department
			 will pay the billing from current fiscal year appropriations and so notify the
			 Attorney General as a part of the Agency report to the Attorney
			 General.
b) Henceforth, if a
			 grantee submits an invoice/billing after the appropriation for the year in
			 which the service was rendered has expired (or has been exhausted), the billing
			 shall be processed in accordance with Sections
			 190.10
			 through
			 190.30.
			 If the grantee/vendor files a claim in the Court of Claims, however, the
			 Department will prepare the required Agency report to the Attorney General so
			 that such claim may be paid by the Court (assuming the lapsed appropriation for
			 the year in which the service was rendered was not exhausted).
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 205 - AMBULATORY SURGICAL TREATMENT CENTER LICENSING REQUIREMENTS › Subpart A - GENERAL PROVISIONS › Section 205.115 - Incorporated and Referenced Materials

Current through Register Vol. 48, No. 28, July 12, 2024
a) The following regulations and standards
				are incorporated in this Part:
1) Private and
				Professional Association Standards:
A) The
				following standards of the American Society of Heating, Refrigerating, and Air
				Conditioning Engineers (ASHRAE), which may be obtained from the American
				Society of Heating, Refrigerating, and Air Conditioning Engineers, Inc., 1791
				Tullie Circle, N.E., Atlanta, Georgia 30329:
i) Standard No. 52.1: Gravimetric and Dust
				Spot Procedures for Testing Air Cleaning Devices Used in General Ventilation
				for Removing Particulate Matter (1992) (see Section
				205.1540(i)
				 ).
ii) Standard No. 52.2: Method of Testing
				General Ventilation Air Cleaning Devices for Removal Efficiency by Particle
				Size (1999) (see Section
				205.1540(i)
				 ).
iii) Standard No. 55: Thermal Environmental
				Conditions for Human Occupancy and Addendum (1992) (see Section
				205.1540(i)
				 ).
iv) Standard No. 58: Method of Testing for
				Rating Room Air Conditioner and Packaged Terminal Air Conditioner Heating
				Capacity (1986) (see Section
				205.1540(i)
				 ).
v) Standard No. 62: Ventilation for
				Acceptable Indoor Air Quality (1999) (see Section
				205.1540(i)
				 ).
vi) Standard No. 63.1: Method of Testing
				Liquid Line Refrigerant Driers (1995) (see Section
				205.1540(i)
				 ).
vii) Standard No. 63.2: Methods of Testing
				the Filtration Capability of Refrigerant Liquid Line Filters and Filter-Driers
				(1996) (see Section
				205.1540(i)
				 ).
viii) Standard No. 64: Methods of Testing
				Remote Mechanical-Draft Evaporative Refrigerant Condensers (1995) (see Section
				205.1540(i)
				 ).
ix) Standard No. 68: Laboratory Method of
				Testing to Determine the Sound Power in a Duct (1997) (see Section
				205.1540(i)
				 ).
x) Handbook of Fundamentals (2001) (see
				Section
				205.1540(p)
				 ).
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 205 - AMBULATORY SURGICAL TREATMENT CENTER LICENSING REQUIREMENTS › Subpart A - GENERAL PROVISIONS › Section 205.118 - Conditions of Licensure

Current through Register Vol. 48, No. 28, July 12, 2024
a)
No person shall open, conduct or maintain an ambulatory surgical
				treatment center without first obtaining a license from the
				Department
. (Section 4 of the Act)
1)
A person or facility not licensed
				under
the
Act or the Hospital Licensing Act shall not hold
				itself out to the public as a "surgery center" or as a "center for
				surgery"
. (Section 6 of the Act)
2)
Any person opening, conducting or
				maintaining an ambulatory surgical treatment center without a license issued
				pursuant to
the
Act shall be guilty of a business offense
				punishable by a fine of $10,000 and each day's violation shall constitute a
				separate offense
.
3)
Any person opening, conducting or maintaining an ambulatory surgical
				treatment center who violates any other provision of
the
Act
				shall be guilty of a business offense punishable by a fine of not more than
				$10,000
. (Section 12 of the Act)
4)
The operation or maintenance of an
				ambulatory surgical treatment center in violation of
the
Act
				or
this Part
is declared a public nuisance inimical to the
				public welfare. The Director of the Department, in the name of the People of
				the State, through the Attorney General or the State's Attorney of the county
				in which the violation occurs, may, in addition to other remedies
				provided
in the Act
, bring action for an injunction to
				restrain such violation or to enjoin the future operation or maintenance of any
				such ambulatory surgical treatment center
. (Section 13 of the
				Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 205 - AMBULATORY SURGICAL TREATMENT CENTER LICENSING REQUIREMENTS › Subpart A - GENERAL PROVISIONS › Section 205.120 - Application for Initial Licensure

Current through Register Vol. 48, No. 28, July 12, 2024
a) An application for license shall be made
				to the Department on forms provided bythe Department (Section 5 of the Act).
				The application shall be submitted not less than sixty days prior to the date
				of intended operation and shall contain the information required under the Act
				and this Part.
b) The initial
				application shall include the following information:
1) The names and addresses of all persons who
				own the facility, any names under which any of these persons do business, and
				the type of ownership of the facility (for example, individual, partnership,
				corporation, or association). In addition, a corporation shall submit:
A) A copy of its certificate of
				incorporation,
B) A list of the
				title, name, and address of each of its corporate officers,
C) A list of the name and address of each of
				its shareholders holding more than five percent of the shares.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 205 - AMBULATORY SURGICAL TREATMENT CENTER LICENSING REQUIREMENTS › Subpart A - GENERAL PROVISIONS › Section 205.125 - Application for License Renewal

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Application for license renewal shall be submitted on forms provided by the
				Department. Application for license renewal shall be submitted to the
				Department not less than 30 days prior to the expiration date.
b) An application for license renewal shall
				include the following information:
1) The
				names and addresses of all persons who own the facility, any names under which
				any of these persons do business, and the type of ownership of the facility
				(for example, individual, partnership, corporation, or association). In
				addition, a corporation shall submit:
A) A
				list of the title, name and address of each of its corporate
				officers.
B) A list of the name and
				address of each of its shareholders holding more than 5% of the
				shares.