Part 7 - Complaint, Hearing and Appeal - Illinois Statutes

      (210 ILCS 45/Art. III Pt. 7 heading)PART 7. COMPLAINT, HEARING AND APPEAL

(210 ILCS 45/3‑701) (from Ch. 111 1/2, par. 4153‑701)     Sec. 3‑701. The operation or maintenance of a facility in violation of this Act, or of the rules and regulations promulgated by the Department, is declared a public nuisance inimical to the public welfare. The Director in the name of the people of the State, through the Attorney General, or the State's Attorney of the county in which the facility is located, or in respect to any city, village or incorporated town which provides for the licensing and regulation of any or all such facilities, the Director or the mayor or president of the Board of Trustees, as the case may require, of the city, village or incorporated town, in the name of the people of the State, through the Attorney General or State's attorney of the county in which the facility is located, may, in addition to other remedies herein provided, bring action for an injunction to restrain such violation or to enjoin the future operation or maintenance of any such facility. (Source: P.A. 81‑223.)

(210 ILCS 45/3‑702) (from Ch. 111 1/2, par. 4153‑702)     Sec. 3‑702. (a) A person who believes that this Act or a rule promulgated under this Act may have been violated may request an investigation. The request may be submitted to the Department in writing, by telephone, or by personal visit. An oral complaint shall be reduced to writing by the Department. The Department shall request information identifying the complainant, including the name, address and telephone number, to help enable appropriate follow‑up. The Department shall act on such complaints via on‑site visits or other methods deemed appropriate to handle the complaints with or without such identifying information, as otherwise provided under this Section. The complainant shall be informed that compliance with such request is not required to satisfy the procedures for filing a complaint under this Act.     (b) The substance of the complaint shall be provided in writing to the licensee, owner or administrator no earlier than at the commencement of an on‑site inspection of the facility which takes place pursuant to the complaint.     (c) The Department shall not disclose the name of the complainant unless the complainant consents in writing to the disclosure or the investigation results in a judicial proceeding, or unless disclosure is essential to the investigation. The complainant shall be given the opportunity to withdraw the complaint before disclosure. Upon the request of the complainant, the Department may permit the complainant or a representative of the complainant to accompany the person making the on‑site inspection of the facility.     (d) Upon receipt of a complaint, the Department shall determine whether this Act or a rule promulgated under this Act has been or is being violated. The Department shall investigate all complaints alleging abuse or neglect within 7 days after the receipt of the complaint except that complaints of abuse or neglect which indicate that a resident's life or safety is in imminent danger shall be investigated within 24 hours after receipt of the complaint. All other complaints shall be investigated within 30 days after the receipt of the complaint. The Department employees investigating a complaint shall conduct a brief, informal exit conference with the facility to alert its administration of any suspected serious deficiency that poses a direct threat to the health, safety or welfare of a resident to enable an immediate correction for the alleviation or elimination of such threat. Such information and findings discussed in the brief exit conference shall become a part of the investigating record but shall not in any way constitute an official or final notice of violation as provided under Section 3‑301. All complaints shall be classified as "an invalid report", "a valid report", or "an undetermined report". For any complaint classified as "a valid report", the Department must determine within 30 working days if any rule or provision of this Act has been or is being violated.     (d‑1) The Department shall, whenever possible, combine an on‑site investigation of a complaint in a facility with other inspections in order to avoid duplication of inspections.     (e) In all cases, the Department shall inform the complainant of its findings within 10 days of its determination unless otherwise indicated by the complainant, and the complainant may direct the Department to send a copy of such findings to another person. The Department's findings may include comments or documentation provided by either the complainant or the licensee pertaining to the complaint. The Department shall also notify the facility of such findings within 10 days of the determination, but the name of the complainant or residents shall not be disclosed in this notice to the facility. The notice of such findings shall include a copy of the written determination; the correction order, if any; the warning notice, if any; the inspection report; or the State licensure form on which the violation is listed.     (f) A written determination, correction order, or warning notice concerning a complaint, together with the facility's response, shall be available for public inspection, but the name of the complainant or resident shall not be disclosed without his consent.     (g) A complainant who is dissatisfied with the determination or investigation by the Department may request a hearing under Section 3‑703. The facility shall be given notice of any such hearing and may participate in the hearing as a party. If a facility requests a hearing under Section 3‑703 which concerns a matter covered by a complaint, the complainant shall be given notice and may participate in the hearing as a party. A request for a hearing by either a complainant or a facility shall be submitted in writing to the Department within 30 days after the mailing of the Department's findings as described in subsection (e) of this Section. Upon receipt of the request the Department shall conduct a hearing as provided under Section 3‑703.     (h) Any person who knowingly transmits a false report to the Department commits the offense of disorderly conduct under subsection (a)(8) of Section 26‑1 of the "Criminal Code of 1961". (Source: P.A. 85‑1378.)

(210 ILCS 45/3‑703) (from Ch. 111 1/2, par. 4153‑703)     Sec. 3‑703. Any person requesting a hearing pursuant to Sections 2‑110, 3‑115, 3‑118, 3‑119, 3‑301, 3‑303, 3‑309, 3‑410, 3‑422 or 3‑702 to contest a decision rendered in a particular case may have such decision reviewed in accordance with Sections 3‑703 through 3‑712. (Source: P.A. 83‑1530.)

(210 ILCS 45/3‑704) (from Ch. 111 1/2, par. 4153‑704)     Sec. 3‑704. A request for a hearing by aggrieved persons shall be taken to the Department as follows:     (a) Upon the receipt of a request in writing for a hearing, the Director or a person designated in writing by the Director to act as a hearing officer shall conduct a hearing to review the decision.     (b) Before the hearing is held notice of the hearing shall be sent by the Department to the person making the request for the hearing and to the person making the decision which is being reviewed. In the notice the Department shall specify the date, time and place of the hearing which shall be held not less than 10 days after the notice is mailed or delivered. The notice shall designate the decision being reviewed. The notice may be served by delivering it personally to the parties or their representatives or by mailing it by certified mail to the parties' addresses.     (c) The Department shall commence the hearing within 30 days of the receipt of request for hearing. The hearing shall proceed as expeditiously as practicable, but in all cases shall conclude within 90 days of commencement. (Source: P.A. 85‑1183.)

(210 ILCS 45/3‑705) (from Ch. 111 1/2, par. 4153‑705)     Sec. 3‑705. The Director or hearing officer may compel by subpoena or subpoena duces tecum the attendance and testimony of witnesses and the production of books and papers, and administer oaths to witnesses. (Source: P.A. 81‑223.)

(210 ILCS 45/3‑706) (from Ch. 111 1/2, par. 4153‑706)     Sec. 3‑706. The Director or hearing officer shall permit any party to appear in person and to be represented by counsel at the hearing, at which time the applicant or licensee shall be afforded an opportunity to present all relevant matter in support of his position. In the event of the inability of any party or the Department to procure the attendance of witnesses to give testimony or produce books and papers, any party or the Department may take the deposition of witnesses in accordance with the provisions of the laws of this State. All testimony taken at a hearing shall be reduced to writing, and all such testimony and other evidence introduced at the hearing shall be a part of the record of the hearing. (Source: P.A. 81‑1349.)

(210 ILCS 45/3‑707) (from Ch. 111 1/2, par. 4153‑707)     Sec. 3‑707. The Director or hearing officer shall make findings of fact in such hearing, and the Director shall render his decision within 30 days after the termination of the hearing, unless additional time not to exceed 90 days is required by him for a proper disposition of the matter. When the hearing has been conducted by a hearing officer, the Director shall review the record and findings of fact before rendering a decision. All decisions rendered by the Director shall be binding upon and complied with by the Department, the facility or the persons involved in the hearing, as appropriate to each case. (Source: P.A. 81‑223.)

(210 ILCS 45/3‑708) (from Ch. 111 1/2, par. 4153‑708)     Sec. 3‑708. The Director or hearing officer shall not be bound by common law or statutory rules of evidence, or by technical or formal rules of procedure, but shall conduct hearings in the manner best calculated to result in substantial justice. (Source: P.A. 81‑223.)

(210 ILCS 45/3‑709) (from Ch. 111 1/2, par. 4153‑709)     Sec. 3‑709. All subpoenas issued by the Director or hearing officer may be served as provided for in civil actions. The fees of witnesses for attendance and travel shall be the same as the fees for witnesses before the circuit court and shall be paid by the party to such proceeding at whose request the subpoena is issued. If such subpoena is issued at the request of the Department or by a person proceeding in forma pauperis the witness fee shall be paid by the Department as an administrative expense. (Source: P.A. 81‑223.)

(210 ILCS 45/3‑710) (from Ch. 111 1/2, par. 4153‑710)     Sec. 3‑710. In cases of refusal of a witness to attend or testify or to produce books or papers, concerning any matter upon which he might be lawfully examined, the circuit court of the county wherein the hearing is held, upon application of any party to the proceeding, may compel obedience by a proceeding for contempt as in cases of a like refusal to obey a similar order of the court. (Source: P.A. 81‑223.)

(210 ILCS 45/3‑711) (from Ch. 111 1/2, par. 4153‑711)     Sec. 3‑711. The Department, at its expense, shall provide a stenographer to take the testimony, or otherwise record the testimony, and preserve a record of all proceedings under this Section. The notice of hearing, the complaint and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, and the findings and decision shall be the record of the proceedings. The Department shall furnish a transcript of such record to any person interested in such hearing upon payment therefor of 70 cents per page for each original transcript and 25 cents per page for each certified copy thereof. However, the charge for any part of such transcript ordered and paid for previous to the writing of the original record shall be 25 cents per page. (Source: P.A. 81‑223.)

(210 ILCS 45/3‑712) (from Ch. 111 1/2, par. 4153‑712)     Sec. 3‑712. The Department shall not be required to certify any record or file any answer or otherwise appear in any proceeding for judicial review under Section 3‑713 of this Act unless the party filing the complaint deposits with the clerk of the court the sum of 95 cents per page, representing the costs of such certification. Failure on the part of the plaintiff to make such deposit shall be grounds for dismissal of the action; provided, however, that persons proceeding in forma pauperis with the approval of the circuit court shall not be required to pay these fees. (Source: P.A. 81‑223.)

(210 ILCS 45/3‑713) (from Ch. 111 1/2, par. 4153‑713)     Sec. 3‑713. (a) Final administrative decisions after hearing shall be subject to judicial review exclusively as provided in the Administrative Review Law, as now or hereafter amended, except that any petition for judicial review of Department action under this Act shall be filed within 15 days after receipt of notice of the final agency determination. The term "administrative decision" has the meaning ascribed to it in Section 3‑101 of the Code of Civil Procedure.     (b) The court may stay enforcement of the Department's final decision or toll the continuing accrual of a penalty under Section 3‑305 if a showing is made that there is a substantial probability that the party seeking review will prevail on the merits and will suffer irreparable harm if a stay is not granted, and that the facility will meet the requirements of this Act and the rules promulgated under this Act during such stay. Where a stay is granted the court may impose such conditions on the granting of the stay as may be necessary to safeguard the lives, health, rights, safety and welfare of residents, and to assure compliance by the facility with the requirements of this Act, including an order for transfer or discharge of residents under Sections 3‑401 through 3‑423 or for appointment of a receiver under Sections 3‑501 through 3‑517.     (c) Actions brought under this Act shall be set for trial at the earliest possible date and shall take precedence on the court calendar over all other cases except matters to which equal or superior precedence is specifically granted by law. (Source: P.A. 82‑783.)

(210 ILCS 45/3‑714) (from Ch. 111 1/2, par. 4153‑714)     Sec. 3‑714. The remedies provided by this Act are cumulative and shall not be construed as restricting any party from seeking any remedy, provisional or otherwise, provided by law for the benefit of the party, from obtaining additional relief based upon the same facts. (Source: P.A. 81‑223.)