(225 ILCS 447/45-40)
(Section scheduled to be repealed on January 1, 2029)
Sec. 45-40. Administrative review. All final
administrative decisions of the Department
are subject to judicial review under
Article III of the Code of Civil Procedure. The term
"administrative decision" is defined as in Section 3-101 of
the Code of Civil Procedure. The 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 Illinois, the venue shall be in
Sangamon County. The Department shall not be required to
certify any record to the court or file any answer in court
or 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 applicant or licensee to file a receipt in court is grounds for
dismissal of the action. During all judicial proceedings
incident to a disciplinary action, the sanctions
imposed upon a licensee by the Department shall remain in
effect, unless the court determines justice requires a stay of
the order.
(Source: P.A. 103-309, eff. 1-1-24.)
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