(225 ILCS 130/85)
(Text of Section before amendment by P.A. 103-387)
(Section scheduled to be repealed on January 1, 2029)
Sec. 85. Investigation; notice; hearing.
The Department may
investigate
the
actions of a person applying for, holding, or claiming to hold a certificate of
registration. The Department shall, before refusing to issue or renew a registration or taking other disciplinary or non-disciplinary action
pursuant to Section 75 of
this Act, and at
least 30 days prior to the date set for the hearing, (i) notify in writing the
applicant or registrant of the charges made and the time and place for a hearing of the charges, (ii) direct the applicant or registrant to file a
written
answer to the Department under oath within 20 days after the service of the
notice, and (iii) inform the applicant or registrant that failure to file an answer
will
result in default being taken against the applicant or registrant. Written notice and any notice in the subsequent proceeding may be served by registered or certified mail to
the applicant's or registrant's address of record. If the person fails to file an answer after receiving
notice, his or her certificate of registration may, in the discretion of the
Department, be
suspended, revoked, or placed on probationary status or the Department may take
whatever disciplinary or non-disciplinary action deemed proper, including limiting the delegated
tasks
or the imposition of a fine, without
a hearing, if the act or acts charged constitute sufficient grounds for such
action under this Act. At the time and place fixed in the notice, the
Department shall proceed to hearing of the charges and the parties and their counsel shall be afforded ample opportunity to present any pertinent statements, testimony, evidence, and arguments. The Department may continue a
hearing from time to time.
(Source: P.A. 98-364, eff. 12-31-13.)
(Text of Section after amendment by P.A. 103-387)
(Section scheduled to be repealed on January 1, 2029)
Sec. 85. Investigation; notice; hearing.
The Department may
investigate
the
actions of a person applying for, holding, or claiming to hold a certificate of
registration. The Department shall, before refusing to issue or renew a registration or taking other disciplinary or non-disciplinary action
pursuant to Section 75 of
this Act, and at
least 30 days prior to the date set for the hearing, (i) notify in writing the
applicant or registrant of the charges made and the time and place for a hearing of the charges, (ii) direct the applicant or registrant to file a
written
answer to the Department under oath within 20 days after the service of the
notice, and (iii) inform the applicant or registrant that failure to file an answer
will
result in default being taken against the applicant or registrant. Written notice and any notice in the subsequent proceeding may be served by registered or certified mail to
the applicant's or registrant's address of record or, if in the course of the administrative proceeding the party has previously designated a specific email address at which to accept electronic service for that specific proceeding, by sending a copy by email to the party's email address on record. If the person fails to file an answer after receiving
notice, his or her certificate of registration may, in the discretion of the
Department, be
suspended, revoked, or placed on probationary status or the Department may take
whatever disciplinary or non-disciplinary action deemed proper, including limiting the delegated
tasks
or the imposition of a fine, without
a hearing, if the act or acts charged constitute sufficient grounds for such
action under this Act. At the time and place fixed in the notice, the
Department shall proceed to hearing of the charges and the parties and their counsel shall be afforded ample opportunity to present any pertinent statements, testimony, evidence, and arguments. The Department may continue a
hearing from time to time.
(Source: P.A. 103-387, eff. 1-1-24.)
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