HB0530 100TH GENERAL ASSEMBLY

LRB100 06284 SMS 16321 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0530

Introduced , by Rep. Margo McDermed

SYNOPSIS AS INTRODUCED:

225 ILCS 450/20.1

from Ch. 111, par. 5522

Amends the Illinois Public Accounting Act. Provides that when a licensee under the Act has failed to satisfactorily complete a peer review, the licensee may provide additional evidence in his or her favor. Requires the Department of Financial and Professional Regulation to review that evidence, if it is provided, in addition to the rest of the record presented. Effective immediately.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Public Accounting Act is amended by changing Section 20.1 as follows:

(225 ILCS 450/20.1) (from Ch. 111, par. 5522)

(Section scheduled to be repealed on January 1, 2024)

Sec. 20.1. Investigations; notice; hearing.

(a) The Department may investigate the actions of an applicant, person, or entity holding or claiming to hold a license.

(b) The Department shall, before revoking, suspending, placing on probation, reprimanding, or taking any other disciplinary or non-disciplinary action under Section 20.01 of this Act, at least 30 days before the date set for the hearing, (i) notify the accused in writing of the charges made and the time and place for the hearing on the charges, (ii) direct him or her to file a written answer to the charges with the Department under oath within 20 days after the service on him or her of the notice, and (iii) inform the accused that, if he or she fails to answer, default shall be taken against him or her or that his or her license or registration may be suspended, revoked, placed on probationary status, or other disciplinary action taken with regard to the licensee, including limiting the scope, nature, or extent of his or her practice, as the Department may consider proper.

(c) With respect to determinations by a Peer Review Administrator duly appointed by the Department under subsection (f) of Section 16 of this Act that a licensee has failed to satisfactorily complete a peer review as required under subsection (e) of Section 16, the Department may consider the Peer Review Administrator's findings of fact as prima facie evidence, and upon request by a licensee for a hearing the Department shall review the record presented and hear arguments by the licensee or the licensee's counsel but need not conduct a trial or hearing de novo or accept additional evidence. A licensee may provide additional evidence in his or her favor. If the licensee provides additional evidence, the Department shall review that evidence in addition to the rest of the record presented.

(d) At the time and place fixed in the notice, the Department shall proceed to hear the charges and the parties or their counsel shall be accorded ample opportunity to present any pertinent statements, testimony, evidence, and arguments. The Department may continue the hearing from time to time.

(e) In case the person, after receiving the notice, fails to file an answer, his or her license or registration may, in the discretion of the Department, be suspended, revoked, placed on probationary status, or the Department may take whatever disciplinary action considered proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for that action under this Act. The written notice may be served by registered or certified mail to the licensee or registrant's address of record.

(Source: P.A. 98-254, eff. 8-9-13.)

Section 99. Effective date. This Act takes effect upon becoming law.