Section 130.1123  Orders

a)         The Hearing Officer shall prepare proposed findings of fact, conclusions of law, and recommendations to the Secretary. The proposed findings of fact and conclusions of law shall be stated separately.

b)         Any Order of the Secretary issued without a hearing pursuant to a summary or temporary order as provided under Section 11(E) of the Illinois Securities Law of 1953 or Section 5-45(c) and Section 5-65(1) of the Business Opportunity Sales Law of 1995 or Section 10-55(e) of the Illinois Business Brokers Act of 1995 or Section 15-55(e) of the Illinois Loan Brokers Act of 1995 shall advise the respondent that any action for judicial review of the final order must be commenced within 35 days from the date a copy of the Order is served upon the party seeking review, pursuant to the provisions of the Administrative Review Law.

c)         The Order of the Secretary shall be the decision of the Securities Department upon issues contested or stipulated to at the hearing, or presented at a hearing in which the respondent defaults, or alleged in an Order which may be made final without a hearing pursuant to Section 11(F)(4) of the Illinois Securities Law of 1953, or alleged in a summary or temporary order which may be made final without a hearing pursuant to Section 11(E) or 11(F) of the Illinois Securities Law of 1953 or Section 5-45(c) and Section 5-65(1) of the Business Opportunity Sales Law of 1995 or Section 10-55(e) of the Illinois Business Brokers Act of 1995 or Section 15-55(e) of the Illinois Loan Brokers Act of 1995; or upon issues which are resolved without a hearing pursuant to Section 10-25(c) of the Illinois Administrative Procedure Act [5 ILCS 100/10-25(c)].

d)         The Secretary after reviewing the hearing record may:

1)         accept or reject in whole or in part the proposed findings of fact, proposed conclusions of law or the proposed recommendations of the Hearing Officer;

2)         require the submission of additional information, documentation or testimony;

3)         order the Hearing Officer to conduct a rehearing; or

4)         order the Hearing Officer to conduct an additional hearing upon becoming aware of newly discovered evidence.

e)         In addition to any other sanctions, a default order shall be entered against the respondent, where the respondent fails to appear for the hearing at the scheduled time and date, and has failed to request or been granted a continuance in accordance with Section 130.1111 of this Part.

f)         A final order of the Secretary shall be in writing. A copy of the final order shall be delivered or mailed by registered or certified mail, return receipt requested, to each party or his, her or its representative or attorney at such person's last known address.

g)         The final order of the Secretary shall constitute a final administrative decision within the provisions of the Administrative Review Law.

(Source:  Amended at 22 Ill. Reg. 1933, effective January 1, 1998)