Section 140.140  Penalties

a)         The Director may penalize a licensee, or other person doing business without the required license, in an amount not exceeding $10,000 per violation, when in the opinion of the Director:

1)         the licensee, or other person has failed to comply with any provision of the Act or any order, decision, finding, rule, regulation, or direction of the Director lawfully made pursuant to the authority of the Act; or

2)         any fact or condition exists that, if it had existed at the time of the original application for the license, would have warranted the Director refusing to issue the license. [205 ILCS 665/16(c)]

b)         The Director may penalize a licensee, or other person, prior to a hearing.

c)         The Director shall serve notice of this penalty, including a statement of the reasons for the penalty, either personally or by certified mail, return receipt requested.  Service by mail shall be deemed completed if the notice is deposited in the U.S. mail.

d)         Within 10 days after service of the notice of penalty, the licensee or licensee's representative may request, in writing, a hearing.

e)         All administrative hearings shall be conducted in accordance with 38 Ill. Adm. Code 100.

(Source:  Amended at 46 Ill. Reg. 12514, effective July 8, 2022)