Section 390.277  Administrative Warning

a)         If the Department finds a situation, condition, or practice that violates the Act or this Part that does not constitute a Type AA, Type A, Type B, or Type C violation, the Department shall issue an administrative warning. (Section 3-303.2(a) of the Act)

b)         Each administrative warning shall be in writing and shall include the following information:

1)         A description of the nature of the violation.

2)         A citation of the specific statutory provision or rule that the Department alleges has been violated.

3)         A statement that the facility shall be responsible for correcting the situation, condition, or practice.  (Section 3-303.2(a) of the Act)

c)         Each administrative warning shall be sent to the facility and the licensee or served personally at the facility within 10 days after the Director determines that issuance of an administrative warning is warranted under this Section.

d)         The facility is not required to submit a plan of correction in response to an administrative warning, except for violations in Sections 3-401 through 3-413 of the Act.  (Section 3-303.2(a) of the Act)

e)         If the Department finds, during the next on-site inspection by the Department that occurs no earlier than 90 days from the issuance of the administrative warning, a written plan of correction must be submitted in the same manner as provided in Section 3-303(b) of the Act.  The Department will consider the plan of correction and take any necessary action in accordance with Section 390.278.  (Section 3-303.2(b) of the Act)

(Source:  Amended at 43 Ill. Reg. 3564, effective February 26, 2019)