Section 395.190  Denial, Suspension, and Revocation of Program Approval

a)         When the Department finds that a proposed program, along with any additional information and revisions which are submitted, fails to comply with the program requirements contained in this Part or 42 CFR 483.151(b)(2)(i-v), the Department will notify the sponsor in writing of denial of program approval.  The notice to the sponsor shall state the reasons for the denial and the right of the sponsor to appeal the denial and to a hearing before the Department.

b)         When the Department, upon evaluation or during monitoring, finds that an approved program does not comply with the program requirements contained in this Part or 42 CFR 483.151(b)(2)(i-v), the Department will notify the sponsor in writing of the finding of non-compliance of the program and the reasons for the finding.

c)         When the Department finds that any conditions stated in the written notice of non-compliance issued under subsection (b) of this Section have not been corrected within thirty days after the date of issuance of such notice, the Department will revoke or suspend its approval of the program.

1)         The Department shall suspend approval when the program fails to substantially comply with the approved program plan during the operation of the program.  Substantial failure to comply with the approved program plan includes program instruction being conducted contrary to the master schedule, contrary to the approved content, by an individual other than the approved instructor, or at a location other than the approved site or sites.

2)         The Department will revoke approval when an approved program fails to comply with the program requirements of this Part or 42 CFR 483.151(b)(2)(i-v).

3)         When the approval of a program has been suspended or revoked for reasons other than 42 CFR 483.151(b)(2)(i-v), the program sponsor shall have a right to appeal the suspension or revocation and to a hearing before the Department.

d)         When the approval of a program has been denied, suspended, or revoked, for reasons other than 42 CFR 483.151(b)(2)(i-v), the program sponsor may submit a written appeal of the action and request for a hearing within ten days after notification of the decision to deny, revoke or suspend approval.

e)         All hearings under this Part shall be conducted in accordance with the Department's Rules of Practice and Procedure in Administrative Hearings (77 Ill. Adm. Code 100).

(Source:  Amended at 20 Ill. Reg. 10085, effective July 15, 1996)