Section 1235.320  Request for Opinion – State Board Review

a)         The State Board shall issue its advisory opinion within 90 days from the date the request for advisory opinion was deemed complete.

b)         During the course of review the State Board may request supplemental information from the health care worker.  The State Board may, within the 90 day review period, defer action on the application until such time as the supplemental information has been received.

c)         The State Board advisory opinion shall be presumptively correct.  Failure to render an opinion within 90 days from the date of declaring a request complete shall create a rebuttable presumption that a referral described in the request is not or will not be a violation of the Self-Referral Act. (Section 20(g) of the Act)

d)         An advisory opinion shall not constitute a final administrative decision within the meaning of the Administrative Review Law [735 ILCS 5].