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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Funeral Directors and Embalmers Licensing | ||||||
5 | Code is amended by changing Section 15-15 as follows:
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6 | (225 ILCS 41/15-15)
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7 | (Section scheduled to be repealed on January 1, 2013)
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8 | Sec. 15-15. Complaints; investigations; hearings ; summary | ||||||
9 | suspension of license . The Department shall
conduct regular | ||||||
10 | inspections of all funeral establishments to determine
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11 | compliance with the provisions of this Code. The Department may | ||||||
12 | upon its own
motion and shall upon the verified complaint in | ||||||
13 | writing of any person setting
forth facts that if proved would | ||||||
14 | constitute grounds for refusal, suspension,
revocation, or | ||||||
15 | other disciplinary action investigate the action of any person
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16 | holding or claiming to hold a license under this Code. The | ||||||
17 | Department shall
report to the Board, on at least a quarterly | ||||||
18 | basis, the status or disposition
of all complaints against, and | ||||||
19 | investigations of, license holders. The
Department shall, | ||||||
20 | before refusing to issue or renew, suspending, revoking, or
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21 | taking any other disciplinary action with respect to any | ||||||
22 | license and at least
30 days before the date set for the | ||||||
23 | hearing, notify in writing the licensee
of any charges made and |
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1 | shall direct that person to file a written answer to
the Board | ||||||
2 | under oath within 20 days after the service of the notice and | ||||||
3 | inform
that person that failure to file an answer may result in | ||||||
4 | default being taken
and the person's license or certificate may | ||||||
5 | be suspended, revoked, placed on
probationary status, or other | ||||||
6 | disciplinary action may be taken, including
limiting the scope, | ||||||
7 | nature or extent of practice, as the Secretary
Director may | ||||||
8 | deem
proper. The Department shall afford the licensee an | ||||||
9 | opportunity to be heard in
person or by counsel in reference to | ||||||
10 | the charges. Written notice may be served
by personal delivery | ||||||
11 | to the licensee or by mailing it by registered mail to the
last | ||||||
12 | known business address of licensee. In case the person fails to | ||||||
13 | file an
answer after receiving notice, his or her license or | ||||||
14 | certificate may, in the
discretion of the Department, be | ||||||
15 | suspended, revoked, or placed on probationary
status, or the | ||||||
16 | Department may take whatever disciplinary action deemed | ||||||
17 | proper,
including limiting the scope, nature, or extent of the | ||||||
18 | person's practice or the
imposition of a fine, without a | ||||||
19 | hearing, if the act or acts charged constitute
sufficient | ||||||
20 | grounds for such action under this Act. The hearing on the | ||||||
21 | charges
shall be at a time and place as the Department shall | ||||||
22 | prescribe. The Department
may appoint a hearing officer to | ||||||
23 | conduct the hearing. The Department shall
notify the Board of | ||||||
24 | the time and place of the hearing and Board members
shall be | ||||||
25 | allowed to sit at the hearing. The Department has the power
to | ||||||
26 | subpoena and bring before it any person in this State, or take |
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1 | testimony
of any person by deposition, with the same fees and | ||||||
2 | mileage,
in the same manner as prescribed by law in judicial | ||||||
3 | proceedings in circuit
courts of this State in civil cases. If | ||||||
4 | the Department determines that
any licensee is guilty of a | ||||||
5 | violation of any of the provisions of this
Code, disciplinary | ||||||
6 | action shall be taken against the licensee.
The Department may | ||||||
7 | take disciplinary action without a formal hearing subject
to | ||||||
8 | Section 10-70 of the Illinois Administrative Procedure Act. | ||||||
9 | The Secretary may summarily suspend the license of any | ||||||
10 | person licensed under this Act without a hearing, | ||||||
11 | simultaneously with the institution of proceedings for a | ||||||
12 | hearing provided for in this Section, if the Secretary finds | ||||||
13 | that evidence in the possession of the Secretary indicates that | ||||||
14 | the continuation of practice by the licensee would constitute | ||||||
15 | an imminent danger to the public. In the event that the | ||||||
16 | Secretary summarily suspends the license of an individual | ||||||
17 | without a hearing, a hearing must be held within 30 days after | ||||||
18 | the suspension has occurred. Notwithstanding any other | ||||||
19 | rulemaking authority that may exist, neither the Governor nor | ||||||
20 | any agency or agency head under the jurisdiction of the | ||||||
21 | Governor has any authority to make or promulgate rules to | ||||||
22 | implement or enforce the provisions of this amendatory Act of | ||||||
23 | the 95th General Assembly. If, however, the Governor believes | ||||||
24 | that rules are necessary to implement or enforce the provisions | ||||||
25 | of this amendatory Act of the 95th General Assembly, the | ||||||
26 | Governor may suggest rules to the General Assembly by filing |
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1 | them with the Clerk of the House and the Secretary of the | ||||||
2 | Senate and by requesting that the General Assembly authorize | ||||||
3 | such rulemaking by law, enact those suggested rules into law, | ||||||
4 | or take any other appropriate action in the General Assembly's | ||||||
5 | discretion. Nothing contained in this amendatory Act of the | ||||||
6 | 95th General Assembly shall be interpreted to grant rulemaking | ||||||
7 | authority under any other Illinois statute where such authority | ||||||
8 | is not otherwise explicitly given. For the purposes of this | ||||||
9 | amendatory Act of the 95th General Assembly, "rules" is given | ||||||
10 | the meaning contained in Section 1-70 of the Illinois | ||||||
11 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
12 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
13 | the Illinois Administrative Procedure Act to the extent that | ||||||
14 | such definitions apply to agencies or agency heads under the | ||||||
15 | jurisdiction of the Governor.
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16 | (Source: P.A. 87-966; 88-45 .)
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17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.
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