Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 330.260 - Issuance of Conditional Licenses

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Director may issue a conditional
				licenseunder Section 3-305 of the Act to any facility if the Director finds
				that either a Type "A" or Type "B" violation exists in such facility. The
				issuance of a conditional license shall revoke any license held by the
				facility. (Section 3-311 of the Act)
b) Prior to the issuance of a conditional
				license, the Department shall review and approve a written plan of correction.
				The Department shall specify the violations which prevent full licensure and
				shall establish a time schedule for correction of the deficiencies. Retention
				of the license shall be conditionalonthetimelycorrection of the deficiencies in
				accordance with the plan of correction. (Section 3-312 of the Act)
c) Written notice of the decision to issue a
				conditional license shall be sent to the applicant or licensee together with
				the specification of all violations of the Act and this Part which prevent full
				licensure and which form the basis for the Department's decision to issue a
				conditional license and the required plan of correction. The notice shall
				inform the applicant or licensee of its right to a full hearing under Section
				3-315 of the Act to contest the issuance of the conditional license. (Section
				3-313 of the Act)
d) If the
				applicant or licensee desires tocontestthe basis for issuance of a conditional
				license, or thetermsofthe plan of correction, the applicant or licensee shall
				send a written request for hearing to the Department within ten (10) days after
				receipt by the applicant or licensee of the Department's notice and decision to
				issue a conditional license. The Department shall hold the hearing as provided
				underSection 3-703 of the Act. The terms of the conditional license shall be
				stayed pending the issuance of the Final Order at the conclusion of the
				hearing, and the facility may operate in the same manner as with an
				unrestricted license. (Section 3-315 of the Act)
e) A conditional license shall be issued for
				a period specified by the Department, but in no event for more than one year.
				The effective date of the conditional license shall not begin until such time
				as the applicant or licensee has had the opportunity to request a hearing
				pursuant to subsection (d) of this Section, and if a hearing is requested in a
				timely manner, then the terms of the conditional license shall be stayed as
				provided for in subsection (d) of this Section. The Department shall
				periodically inspect any facility operating under a conditional license. If the
				Department finds substantial failure by the facility totimelycorrect the
				violations which prevented full licensure and formed the basis for the
				Department's decision to issue a conditional license in accordance with the
				required plan of correction, the conditional license may be revoked as provided
				underSection 3-119 of the Act. (Section 3-316 of the Act)