Section 330.276  Notice of Violation

a)         Each notice of violation shall be in writing and shall contain the following information:

1)         A description of the nature of the violation.

2)         A citation of the specific statutory provision or rule which the Department believes has been violated.  (Section 3-301 of the Act)

3)         A statement of the level of the violation as determined pursuant to Section 330.274.

4)         One of the following requirements for corrective action:

A)        For level A violations, a statement that necessary corrective action to abate or eliminate the violation must be taken immediately or within a specific fixed period of time not exceeding 15 days.  In setting this period, the Department will consider whether harm to residents of the facility is imminent, whether necessary precautions can be taken to project residents before the corrective action is completed, and whether delay would pose additional risks to the residents.

B)        For level B violations, a request that the facility submit a plan of correction within ten days of the receipt of the notice of violation pursuant to Section 3-303 of the Act and Section 330.278 of this Part.  (Section 3-301 of the Act)

5)         A statement that the Department may take additional action under the Act, including assessment of penalties or licensure action.

6)         A description of the licensee's right to appeal the notice and its right to a hearing.

b)         Each notice of violation shall be sent to the facility and the licensee or served personally at the facility within ten days after the Director or his designee determines that issuance of a notice of violation is warranted under Section 300.272.  (Section 3-301 of the Act).

(Source:  Amended at 13 Ill. Reg. 6562, effective April 17, 1989)