Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 310 - HUMAN RIGHTS AUTHORITY › Section 310.70 - Recommendations and Findings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Report
			 of Findings
Upon completion of an investigation pursuant to Section 23 of
				the Act, a regional authority shall prepare a proposed report of findings,
				including recommendations where appropriate, to be presented for discussion at
				the next regular meeting or such special meeting that is called to discuss the
				proposed report.
b) Review
			 by Program Director
At least ten days prior to the date set by a regional authority
				for consideration of a proposed report of findings, a copy of the proposed
				report and any recommendations shall be forwarded to the Program Director for
				review. A regional authority shall not adopt a proposed report that has been
				forwarded to the Program Director less than 10 days prior to the meeting unless
				the Program Director determines that findings of fact and recommendations are
				clearly specified and supported by the record.
c) Consideration and Adoption of Report by
			 Regional Authority
1) Except as provided in
			 subsection (c)(3) below, the proposed report of findings and any
			 recommendations shall be considered and adopted by a regional authority only at
			 a regularly scheduled or special meeting upon majority vote of the members in
			 attendance and constituting a quorum. Any and all proposed findings and
			 recommendations that the regional authority intends to include in the report
			 shall be considered and discussed only in a closed session to insure that the
			 provider, State Agency, or other person investigated shall have an opportunity
			 to review and object to any such proposed public findings and recommendations
			 prior to publication as provided in Section 26 of the Act.
2) The regional authority shall record in its
			 minutes Section 21 of the Act as the statutory basis for the closed
			 session.
3) In the event that there
			 is not quorum present and where the chairperson and a majority of those present
			 deem it necessary to immediately send the report of findings to the service
			 provider, a telephone poll of those not present may be taken for purposes of
			 obtaining a majority vote. The decision shall be presented for ratification at
			 the next meeting at which a quorum is present.
4) Within ten days of its adoption, the
			 report and any recommendations shall be sent to the providers investigated with
			 notification of the statutory obligation to submit a response to the authority
			 within thirty days from the date of receipt. This same notification shall
			 inform the provider that the report may be made public after this 30 day
			 response period pursuant to Section 19 and 26 of the Act and of his right under
			 Section 26 of the Act to object to the findings and recommendations of the
			 regional authority. At the same time, a copy of the report and any
			 recommendations shall be sent to the Program Director for forwarding to the
			 Commission. The complainant and any eligible person shall, within ten days
			 after the completion of the investigation, be notified of the outcome of the
			 investigation and any action taken thereon.
5) Upon request, the regional Authority
			 should assist a provider in interpreting the report of findings and any
			 recommendations.