(510 ILCS 72/115)
Sec. 115.
Findings and recommendations.
At the conclusion of the
hearing,
the hearing officer
shall present to the Director a written report of its findings and
recommendations. The
report shall contain a finding of whether or not the accused applicant, agency,
or
technician violated
this Act or failed to comply with the conditions required in this Act. The
hearing officer shall
specify the nature of the violation or failure to comply, and shall make its
recommendations to the Director.
The report of the findings and recommendations of the hearing officer shall
be the
basis
for
the Department's order of refusal or for the granting of certification unless
the Director
determines that the hearing officer's report is contrary to the manifest
weight of
the evidence,
in which case the Director may issue an order in contravention of the hearing
officer's
report. The
finding is not admissible in evidence against the applicant, agency, or
technician in a criminal
prosecution brought
for the violation of this Act, but the hearing and finding are not a bar to a
criminal
prosecution brought for the violation of this Act.
(Source: P.A. 92-449, eff. 1-1-02.)
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