TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER c: LONG-TERM CARE FACILITIES
PART 380 SPECIALIZED MENTAL HEALTH REHABILITATION FACILITIES CODE
SECTION 380.760 CITATION REVIEW AND APPEAL PROCEDURES


 

Section 380.760  Citation Review and Appeal Procedures

 

a)         Upon receipt of Level 3 to 6 citations, the licensee may provide additional written information and argument disputing the citation within 10 working days following the receipt of the citations.  The Department shall respond to the licensee's disputation within 20 days following receipt of the disputation.   (Section 4-110 of the Act)

 

b)         If a licensee contests the Department's decision regarding a Level 4 to 6 citation or penalty, it can request a hearing by submitting a written request within 20 working days after it receives the Department's dispute resolution decision.  The Department shall notify the licensee of the time and place of the hearing not less than 14 days prior to the hearing date.  (Section 4-110 of the Act)

 

c)         A license may not be denied or revoked unless the licensee is given written notice of the grounds for the Department's action. Except when revocation of a license is based on imminent risk, the facility or program whose license has been revoked may operate and receive reimbursement for services during the period preceding the hearing, until a final decision is made. (Section 4-110 of the Act)

 

d)         All hearings will be conducted in accordance with Practice and Procedures in Administrative Hearings.

 

e)         Notwithstanding the existence or pursuit of any other remedy, the Director may, in the manner provided by law, upon the advice of the Attorney General who shall represent the Director in the proceedings, maintain an action in the name of the State for injunction or other process against any person or government unit to restrain or prevent the establishment of a facility without a license issued pursuant to the Act and this Part, or to retrain or prevent the opening, conduction, operating, or maintaining of a facility without a license issued pursuant to the Act or this Part.  In addition, the Director may, in the manner provided by law, in the name of the People of the State and through the Attorney General who shall represent the Director in the proceedings, maintain an action for injunction or other relief or process against any licensee or other person to enforce and compel compliance with the provisions of the Act and this Part and any order entered for any response action pursuant to the Act and this Part(Section 4-111 of the Act)