Section 1460.75  Citations

a)         Pursuant to Section 11.10 of the Act, the Division may issue citations for:

1)         Unlicensed practice as set forth in Section 10a of the Act, including practicing on a nonrenewed license;

2)         Use of a license to permit or enable an unlicensed person to provide roofing contractor services as set forth in Section 9.1(1)(gg) of the Act;

3)         Aiding or assisting another person in violating any provision of the Act or this Part as set forth in Section 9.1(f) of the Act; or

4)         Substandard work under Section 9.1 of the Act.

b)         The citation will state:

1)         The cited person's name and address;

2)         The cited person's license number, if any;

3)         A brief factual statement;

4)         The Sections of the Act or rules allegedly violated; and

5)         The fine or civil penalty imposed, which shall be as follows:

A)        The civil penalty for unlicensed practice is $200 per violation and $400 per subsequent violations occurring within 12 months;

B)        The fine for aiding and abetting unlicensed practice is $100 per violation and $200 per subsequent violations occurring within 12 months;

C)        The fine for substandard work under Section 9.1 of the Act is $100 per violation.

c)         A citation will be:

1)         Issued within 6 months after the reporting of a violation that is the basis for the citation; and

2)         Sent to the licensee at the licensee's address of record or email address of record, sent to an unlicensed person at his or her last known address or last known email address, or served via personal service.

d)         If a cited person wishes to dispute the citation, the cited person may request in writing, within 30 days after the citation is served, a hearing before the Division.  If the cited person requests a hearing within 30 days after the citation is served, the Division will afford the cited person a hearing conducted in the same manner as a hearing provided for in the Act and will determine whether the cited person committed the violation as charged and whether the fine or civil penalty as levied is warranted.

e)         If the cited person does not request a hearing within 30 days after the citation is served, then the citation will become a final order and will constitute discipline and any fine or civil penalty imposed is due and payable.

f)         Nothing in this Section limits the authority of the Division to take disciplinary action under the Act.  Post-citation failure to correct the violation or a continuing violation will subject the cited person to further action by the Division, as authorized by the Act.

(Source:  Added at 45 Ill. Reg. 3009, effective March 12, 2021)