(225 ILCS 60/41) (from Ch. 111, par. 4400-41)
(Section scheduled to be repealed on January 1, 2027)
Sec. 41. Administrative review; certification of record. (a) All final
administrative decisions of the Department are subject to judicial review
pursuant to the Administrative Review Law and its rules. The term
"administrative decision" is defined as in Section 3-101 of the Code of Civil
Procedure.
(b) Proceedings for judicial review shall be commenced in the circuit court of
the county in which the party applying for review resides; but if the party is
not a resident of this State, the venue shall be in Sangamon County.
(c) The Department shall not be required to certify any record to the court, to
file an answer in court, or to otherwise appear in any court in a judicial review
proceeding unless and until the Department has received from the plaintiff payment of the costs of furnishing and
certifying the record, which costs shall be determined by the Department. Failure
on the part of the plaintiff to file a receipt in court shall be grounds for
dismissal of the action. During the pendency and hearing of any and all
judicial proceedings incident to the disciplinary action the sanctions imposed
upon the accused by the Department because of acts or omissions related to
the delivery of direct patient care as specified in the Department's final
administrative decision, shall as a matter of public policy remain in full
force and effect in order to protect the public pending final resolution of
any of the proceedings.
(Source: P.A. 102-20, eff. 1-1-22 .)
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