Ill. Admin. Code tit. 77 § 390.286

Current through Register Vol. 48, No. 25, June 21, 2024

Section 390.286 - Notice of Penalty Assessment: Response by Facility

a) If the Director or his or her designee determines that a penalty is to be assessed, a written notice of penalty assessment shall be sent to the facility. Each notice of penalty assessment shall include:

1)The amount of the penaltyassessed as provided in Section 390.282.

2) The amount of any reduction or whether the penalty has been waived pursuant to Section 390.288.

3) A description of the violation, including a reference to the notices of violation and plans of correction that are the basis of the assessment.

4) A citation to the provision of the statute or rule alleged to have been violated.

5) A description of the right of the facility to appeal the assessment and of the right to a hearing under Section 3-703 of the Act. (Section 3-307 of the Act)

6) For violations that are continuing at the time of the notice of assessment, the amount of additional penalties per day that will be assessed. (Section 3-307 of the Act)

b)A facility may contest an assessment of a penalty by sending a written request for hearing to the Department under Section 3-703 of the Act. Upon receipt of the request, the Department will hold a hearing as provided under Section 3-703 of the Act. Instead of requesting a hearing pursuant to Section 3-703 of the Act, a facility may, within 10 business days after receipt of the notice of violation and fine assessment, transmit to the Department65% of the amount assessed for each violation specified in the penalty assessment. (Section 3-309 of the Act)

c) The facility shall pay the penalties to the Department within the time periods provided in Section 3-310 of the Act.

d) The submission of 65% of the amount assessed for each violation specified in the penalty assessment shall constitute a waiver by the facility of a right to hearing (see Section 3-703 of the Act).

Ill. Admin. Code tit. 77, § 390.286

Amended at 13 Ill. Reg. 6301, effective April 17, 1989

Amended at 43 Ill. Reg. 3564, effective 2/26/2019