Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 100 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart A - APPLICABILITY AND DEFINITIONS › Section 100.2 - Definitions and Incorporated and Referenced Materials

Current through Register Vol. 48, No. 28, July 12, 2024
a) Definitions
"Administrative law judge" or "hearing officer" means any
				  attorney licensed to practice law in Illinois and authorized by the Director to
				  preside at an administrative hearing.
"Alleged violator" means a person or entity issued a citation
				  under the Smoke Free Illinois Act.
"Business Day" means any day when the Department's offices
				  are open.
"Citation" means a document alleging a violation of the Smoke
				  Free Illinois Act.
"Contested case" has the meaning ascribed to it in Section
				  1-30 of the IAPA and shall include hearings pursuant to the Smoke Free Illinois
				  Act (SFIA).
"Day" means a calendar day, unless otherwise
				  specified.
"Default" or "default judgment" means a written order entered
				  after due process requirements of adequate notice and opportunity for hearing
				  have been provided and the respondent fails to appear, defend, or answer; or a
				  written order entered as an ultimate sanction for improper conduct. This order
				  is considered a final order.
"Department" means the Illinois Department of Public
				  Health.
"Director" means the Director or the designee of the Director
				  of the Department of Public Health.
"Dismissal for Want of Prosecution" means any instance where
				  a Complainant fails to actively participate in a case which they have
				  initiated.
"Electronic mail" means a communication by electronic means
				  which is automatically retained and stored and may be readily accessed or
				  retrieved.
"Enforcing agency" has the meaning ascribed to it in Section
				  40 of the Smoke Free Illinois Act.
"Final order" or "final decision" means a written order that
				  disposes of a case or action, either with or without the imposition of a
				  penalty, sanction, or other action.
"License" has the meaning ascribed to it in Section 1-35 of
				  the IAPA.
"Licensing" has the meaning ascribed to it in Section 1-40 of
				  the IAPA.
"Person" has the meaning ascribed to it in Section 1-60 of
				  the IAPA.
"Personal information" includes any Social Security,
				  Medicaid, Medicare, or health insurance numbers.
"Video conferencing application" refers to video conferencing
				  applications such as WebEx, Zoom, Skype, etc.
b) Referenced Materials
The following federal laws, State laws and rules, and
				  Illinois Supreme Court Rules are referenced in this Part:
1) Social Security Act (42 U.S.C.
				1395 and
				1396)
2) Health Insurance Portability and
				Accountability Act of 1996 (HIPAA) (110 U.S.C. 1936)
3) Illinois Administrative Procedure Act [5
				ILCS 100]
4) Nursing Home Care Act
				[210 ILCS 45]
5) MC/DD Act [210
				ILCS 46]
6) ID/DD Community Care
				Act [210 ILCS 47]
7) Smoke Free
				Illinois Act (SFIA) [410 ILCS 82]
8) Specialized Mental Health Rehabilitation
				Act of 2013 (SMHRF Act) [210 ILCS 49]
9) Code of Civil Procedure [735 ILCS
				5]
10) Administrative Review Law
				[735 ILCS 5 /Art. III]
11) Personal
				Information Protection Act [815 ILCS 530]
12) Specialized Mental Health Rehabilitation
				Facilities Code (77 Ill. Adm. Code 380)
13) Health Facilities and Services Review
				Board: Health Facilities Planning Procedural Rules (77 Ill. Adm. Code
				1130)
14) Illinois Supreme Court
				Rule 216: Admission of Fact or of Genuineness of Documents
15) Illinois Supreme Court Rule 13:
				Appearances - Time to Plead - Withdrawal