Section 310.70  Recommendations and Findings

a)         Report of Findings

Upon completion of an investigation, a regional authority shall prepare a proposed report of findings, including recommendations where appropriate, to be presented for discussion at the next regular meeting or any special meeting that is called to discuss the proposed report.

b)         Review by Program Director

At least ten days prior to the date set by a regional authority for consideration of a proposed report of findings, a copy of the proposed report and any recommendations shall be forwarded to the Program Director for review.  A regional authority shall not adopt a proposed report that has been forwarded to the Program Director fewer than 10 days prior to the meeting unless the Program Director determines that findings of fact and recommendations are clearly specified and supported by the record.

c)         Consideration and Adoption of Report by Regional Authority

1)         Except as provided in subsection (c)(3) below, the proposed report of findings and any recommendations shall be considered and adopted by a regional authority only at a regularly scheduled or special meeting upon majority vote of the members in attendance and constituting a quorum. 

2)         If the regional authority votes to close the meeting to the public, each member's vote on that question shall be publicly stated at the time of the vote, recorded, and entered into the meeting minutes.  Citations to the specific exception contained in Section 2 of the Open Meetings Act [5 ILCS 120] that authorizes the closing of the meeting to the public and to Section 21 of the Act shall also be publicly stated at the time of the vote and shall be recorded and entered into the minutes of the meeting.

3)         In the event that there is not quorum present and where the chairperson and a majority of those present deem it necessary to immediately send the report of findings to the service provider, a poll of those not present may be taken for purposes of obtaining a majority vote.  The decision shall be presented for ratification at the next meeting at which a quorum is present.

4)         Within ten days of its adoption, the report and any recommendations shall be sent to the providers investigated with notification of the statutory obligation to submit a response to the authority within thirty days from the date of receipt.  This same notification shall inform the provider that the report may be made public after this 30-day response period pursuant to Section 19 and 26 of the Act and of their right under Section 26 of the Act to object to the findings and recommendations of the regional authority.  At the same time, a copy of the report and any recommendations shall be sent to the Program Director.  The complainant and any eligible person shall, within ten days after the completion of the investigation, be notified of the outcome of the investigation and any action taken thereon.

5)         Upon request, the regional authority should assist a provider in interpreting the report of findings and any recommendations.

d)         Public Release of Reports

1)         The regional authority may make public its report of findings, and any recommendations, upon a majority vote of the members in attendance and constituting a quorum at a regularly scheduled or special meeting.

2)         If the State agency, service provider, or other person investigated has made a reply, the reply shall be attached to the report of findings and recommendations and made public.

3)         If the State agency, service provider, or other person investigated has made an objection, it shall be attached to the report of findings and any recommendations and made public only if the provider requests.

4)         If no reply has been received within the statutory 30-day review period, the report of findings and any recommendations may be made public.

5)         The provider and complainant shall be notified in writing within 10 days after the case is officially closed.

e)         Closure

A case shall be closed upon a majority vote of the members in attendance and constituting a quorum at a regularly scheduled or special meeting. In the event that there is no quorum present and where the chairperson and a majority of those present deem it necessary to immediately close the case, a poll of those not present may be taken for purposes of obtaining a majority vote.  The decision shall be presented for ratification at the next meeting at which a quorum is present.

(Source:  Amended at 50 Ill. Reg. 717, effective January 1, 2026)