{"data":{"id":"us-il/210-ilcs-46-3-308","jurisdiction":"us-il","citation":"210 ILCS 46/3-308","heading":"Time of assessment; plan of correction.","body":"In the case of a Type \"AA\" or Type \"A\" violation, a penalty may be assessed from the date on which the violation is discovered. In the case of a Type \"B\" or Type \"C\" violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder, the facility shall submit a plan of correction as provided in Section 3-303. In the case of a Type \"B\" violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder, a penalty shall be assessed on the date of notice of the violation, but the Director may reduce the amount or waive such payment for any of the following reasons:\n(a) The facility submits a true report of correction within 10 days;\n(b) The facility submits a plan of correction within 10 days and subsequently submits a true report of correction within 15 days thereafter;\n(c) The facility submits a plan of correction within 10 days which provides for a correction time that is less than or equal to 30 days and the Department approves such plan; or\n(d) The facility submits a plan of correction for violations involving substantial capital improvements which provides for correction within the initial 90 day limit provided under Section 3-303. The Director shall consider the following factors in determinations to reduce or waive such penalties:\n(1) The violation has not caused actual harm to a resident;\n(2) The facility has made a diligent effort to correct the violation and to prevent its recurrence;\n(3) The facility has no record of a pervasive pattern of the same or similar violations; and\n(4) The facility has a record of substantial compliance with this Act and the regulations promulgated hereunder.\nIf a plan of correction is approved and carried out for a Type \"C\" violation, the fine provided under Section 3-305 shall be suspended for the time period specified in the approved plan of correction. If a plan of correction is approved and carried out for a Type \"B\" violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder, with respect to a violation that continues after the date of notice of violation, the fine provided under Section 3-305 shall be suspended for the time period specified in the approved plan of correction.\nIf a good faith plan of correction is not received within the time provided by Section 3-303, a penalty may be assessed from the date of the notice of the Type \"B\" or \"C\" violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder served under Section 3-301 until the date of the receipt of a good faith plan of correction, or until the date the violation is corrected, whichever is earlier. If a violation is not corrected within the time specified by an approved plan of correction or any lawful extension thereof, a penalty may be assessed from the date of notice of the violation, until the date the violation is corrected.","path":["CHAPTER 210 HEALTH FACILITIES AND REGULATION","MC/DD Act."],"source_url":"https://www.ilga.gov/legislation/ILCS/details?ActID=3646\u0026ChapterID=21\u0026ChapAct=FullText\u0026Print=True","current_through":"at least Public Act 104-790","vintage":"","retrieved_at":"2026-09-15T04:46:29Z","sha256":"0236732597ae56ec595659619740c6a38ad90c75822e8e6545d54c9ff730a5db","source_id":"us-il","stale":false,"prev":"us-il/210-ilcs-46-3-307","next":"us-il/210-ilcs-46-3-309"},"notice":"GroundRules: Original legal text. Not legal advice."}