1. a) If the Director or his or her designee determines that a penalty is to be assessed, a written notice of penalty assessment shall be sent to the facility. Each notice of penalty assessment shall include:

   1. 1) The amount of the penalty assessed as provided in Section 390.282.
   2. 2) The amount of any reduction or whether the penalty has been waived pursuant to Section 390.288.
   3. 3) A description of the violation, including a reference to the notices of violation and plans of correction that are the basis of the assessment.
   4. 4) A citation to the provision of the statute or rule alleged to have been violated.
   5. 5) A description of the right of the facility to appeal the assessment and of the right to a hearing under Section 3-703 of the Act. (Section 3-307 of the Act)
   6. 6) For violations that are continuing at the time of the notice of assessment, the amount of additional penalties per day that will be assessed. (Section 3-307 of the Act)
2. b) A facility may contest an assessment of a penalty by sending a written request for hearing to the Department under Section 3-703 of the Act. Upon receipt of the request, the Department will hold a hearing as provided under Section 3-703 of the Act. Instead of requesting a hearing pursuant to Section 3-703 of the Act, a facility may, within 10 business days after receipt of the notice of violation and fine assessment, transmit to the Department 65% of the amount assessed for each violation specified in the penalty assessment. (Section 3-309 of the Act)
3. c) The facility shall pay the penalties to the Department within the time periods provided in Section 3-310 of the Act.
4. d) The submission of 65% of the amount assessed for each violation specified in the penalty assessment shall constitute a waiver by the facility of a right to hearing (see Section 3-703 of the Act).

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