LINCOLN MANOR v. DEPT. OF PUBLIC HEALTH

No. 4-04-0544.

832 N.E.2d 956 (2005)

358 Ill. App.3d 1116

295 Ill.Dec. 506

LINCOLN MANOR, INC., Plaintiff-Appellee, v. The DEPARTMENT OF PUBLIC HEALTH, State of Illinois, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

Decided July 14, 2005.


Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Gary S. Feinerman, Solicitor General, John P. Schmidt, Assistant Attorney General (argued), Chicago, for the Department of Public Health.

R. Samuel Postlewait (argued), Winters, Featherstun, Gaumer, Postlewait, Stocks & Flynn, Decatur, for Lincoln Manor, Inc.


Presiding Justice COOK delivered the opinion of the court:

In February 2004, plaintiff, Lincoln Manor, Inc., filed a complaint for administrative review in the Macon County circuit court, arguing the order of the designee of the Director of the Department of Public Health (Department) upholding the recommended findings of an administrative law judge (ALJ) was void because it was not issued within the time allowed by section 3-707 of the Nursing Home Care Act (Act...

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