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(210 ILCS 45/3-308) (from Ch. 111 1/2, par. 4153-308)
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 |
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(b) The facility submits a plan of correction within
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| 10 days and subsequently submits a true report of correction within 15 days thereafter;
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(c) The facility submits a plan of correction within
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| 10 days which provides for a correction time that is less than or equal to 30 days and the Department approves such plan; or
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(d) The facility submits a plan of correction for
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| violations involving substantial capital improvements which provides for correction within the initial 90 day limit provided under Section 3-303.
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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
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(2) The facility has made a diligent effort to
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| correct the violation and to prevent its recurrence.
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(3) The facility has no record of a pervasive pattern
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| of the same or similar violations.
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(4) The facility did not benefit financially from
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| committing or continuing the violation.
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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.
(Source: P.A. 96-758, eff. 8-25-09.)
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