Sec. 3-308. In the case of a Type "A" violation, a penalty may be assessed from the date on which the violation is discovered.
626 words·~3 min read·
/il/chapter-210/act-45/3-308A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Sec. 3-308. In the case of a Type "A" violation, a penalty may be assessed from the date on which the violation is discovered. In the case of a Type "B" or Type "C" violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder, the facility shall submit a plan of correction as provided in Section 3-303.
In the case of a Type "B" violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder, a penalty shall be assessed on the date of notice of the violation, but the Director may reduce the amount or waive such payment for any of the following reasons:
(a)The facility submits a true report of correction within 10 days;
(b)The facility submits a plan of correction within 10 days and subsequently submits a
true report of correction within 15 days thereafter;
(c)The facility submits a plan of correction within 10 days which provides for a
correction time that is less than or equal to 30 days and the Department approves such plan; or
(d)The facility submits a plan of correction for violations involving substantial
capital improvements which provides for correction within the initial 90 day limit provided under Section 3-303.
The Director or his or her designee may reallocate the amount of a penalty assessed pursuant to Section 3-305. A facility shall submit to the Director a written request for a penalty reduction, in a form prescribed by the Department, which includes an accounting of all costs for goods and services purchased in correcting the violation. The amount by which a penalty is reduced may not be greater than the amount of the costs reported by the facility. A facility that accepts a penalty reallocation under this Section waives its right to dispute a notice of violation and any remaining fine or penalty in an administrative hearing. The Director shall consider the following factors:
(1)The violation has not caused actual harm to a resident.
(2)The facility has made a diligent effort to correct the violation and to prevent its
recurrence.
(3)The facility has no record of a pervasive pattern of the same or similar violations.
(4)The facility did not benefit financially from committing or continuing the violation.
At least annually, and upon request, the Department shall provide a list of all reallocations and the reasons for those reallocations.
If a plan of correction is approved and carried out for a Type "C" violation, the fine provided under Section 3-305 shall be suspended for the time period specified in the approved plan of correction. If a plan of correction is approved and carried out for a Type "B" violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder, with respect to a violation that continues after the date of notice of violation, the fine provided under Section 3-305 shall be suspended for the time period specified in the approved plan of correction.
If a good faith plan of correction is not received within the time provided by Section 3-303, a penalty may be assessed from the date of the notice of the Type "B" or "C" violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder served under Section 3-301 until the date of the receipt of a good faith plan of correction, or until the date the violation is corrected, whichever is earlier. If a violation is not corrected within the time specified by an approved plan of correction or any lawful extension thereof, a penalty may be assessed from the date of notice of the violation, until the date the violation is corrected.