§370.170. Denial or Revocation

a)         A license may be denied or revoked for any of the following reasons:

 

1)         Cruelty or indifference to residents.

 

2)         Unlawful appropriation or conversion of the property of a resident.

 

3)         Committing, permitting, aiding, or abetting the commission of any illegal act in the facility.

 

4)         Substantial or repeated failure to operate or conduct the facility in accordance with the Act and the Minimum Standards promulgated pursuant thereto.

 

5)         Submits false information either on Department Licensure Form or during an inspection.

 

6)         Securing the devise or bequest of the property of a resident by undue influence.

 

7)         In the case of an application by an existing licensee for a new or newly-acquired facility, substantial, continuing or repeated failure of the applicant to operate any previously licensed facility or facilities in compliance with the provisions of the Act or of the Minimum Standards promulgated pursuant to it.

 

8)         The inclusion of a person in the ownership or management of the facility who was previously or is currently involved in the ownership or operation of a facility which was/is continually or repeatedly operated in substantial non-compliance with the provisions of the Act or of the Minimum Standards promulgated pursuant to it.

 

9)         Refusing to allow an inspection to occur.

 

10)         Violates the rights of its residents.

 

11)         Fails to submit or implement a plan of correction within the specified time period.

 

b)         Notice under this section shall include a clear and concise statement of the violations on which the nonrenewal or revocation is based, the statute or rule violated and notice of opportunity for a hearing.

 

c)         If a facility desires to contest the denial or revocation of a license, the facility shall, within fifteen (15) days after receipt of notice under Section 370.170(b) of this Section, notify the Department in writing of its request for a hearing.  Upon receipt of the request the Department shall send notice to the facility and hold a hearing pursuant to the Department's "Rules of Practice and Procedure in Administrative Hearings" (77 Ill. Adm. Code 100).

 

d)         The effective date of nonrenewal or revocation of a license by the Department shall be any of the following:

 

1)         Until otherwise ordered by the circuit court, revocation is effective on the date set by the Department in the notice of revocation, or upon final decision after hearing.

 

2)         Until otherwise ordered by the circuit court, nonrenewal is effective on the date of expiration of any existing license, or upon final decision after hearing.

 

3)         The Department may extend the effective date of license revocation or expiration in any case in order to permit orderly removal and relocation of residents.