Illinois § 3-306 Factors to be considered in determining penalty

Illinois Statutes

§ 3-306 — Factors to be considered in determining penalty

Illinois·Topic REGULATION·Ch. 210 HEALTH FACILITIES AND REGULATION·Act 210 ILCS 46/ MC/DD Act.·Art. Part 3 - Violations and Penalties

In determining whether a penalty is to be imposed and in determining the amount of the penalty to be imposed, if any, for a violation, the Director shall consider the following factors:

(1)The gravity of the violation, including the probability that death or serious physical or mental harm to a resident will result or has resulted; the severity of the actual or potential harm, and the extent to which the provisions of the applicable statutes or regulations were violated;

(2)The reasonable diligence exercised by the licensee and efforts to correct violations;

(3)Any previous violations committed by the licensee; and (4) The financial benefit to the facility of committing or continuing the violation.

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In determining whether a penalty is to be imposed and in determining the amount of the penalty to be imposed, if any, for a violation, the Director shall consider the following factors: (1) The gravity of the violation, including the probability that death or serious physical or mental harm to a resident will result or has resulted; the severity of the actual or potential harm, and the extent to which the provisions of the applicable statutes or regulations were violated; (2) The reasonable diligence exercised by the licensee and efforts to correct violations; (3) Any previous violations committed by the licensee; and (4) The financial benefit to the facility of committing or continuing the violation.

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