Illinois Compiled Statutes 210 ILCS 9/55 – Grounds for denial of a license
Current as of: 2024 | Check for updates
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An application for a license may be denied for any of the following reasons:
(1) failure to meet any of the standards set forth in
(1) failure to meet any of the standards set forth in
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this Act or by rules adopted by the Department under this Act;
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(2) conviction of the applicant, or if the applicant
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is a firm, partnership, or association, of any of its members, or if a corporation, the conviction of the corporation or any of its officers or stockholders, or of the person designated to manage or supervise the establishment, of a felony or of 2 or more misdemeanors involving moral turpitude during the previous 5 years as shown by a certified copy of the record of the court of conviction;
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(3) personnel insufficient in number or unqualified
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by training or experience to properly care for the residents;
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(4) insufficient financial or other resources to
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operate and conduct the establishment in accordance with standards adopted by the Department under this Act;
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(5) revocation of a license during the previous 5
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years, if such prior license was issued to the individual applicant, a controlling owner or controlling combination of owners of the applicant; or any affiliate of the individual applicant or controlling owner of the applicant and such individual applicant, controlling owner of the applicant or affiliate of the applicant was a controlling owner of the prior license; provided, however, that the denial of an application for a license pursuant to this Section must be supported by evidence that the prior revocation renders the applicant unqualified or incapable of meeting or maintaining an establishment in accordance with the standards and rules adopted by the Department under this Act; or
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(6) the establishment is not under the direct
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supervision of a full-time director, as defined by rule.
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The Department shall deny an application for a license if 6 months after submitting its initial application the applicant has not provided the Department with all of the information required for review and approval or the applicant is not actively pursuing the processing of its application. In addition, the Department shall determine whether the applicant has violated any provision of the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act.
Terms Used In Illinois Compiled Statutes 210 ILCS 9/55
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.