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225 ILCS 227/75
(225 ILCS 227/75)
Sec. 75. Formal charges; hearing.
(a) The Office may file formal charges against a licensee. The formal
charges, at a minimum, shall inform the licensee of the specific facts that are
the basis of the charge to enable the licensee to defend himself or herself.
(b) Each licensee whose conduct is the subject of a formal charge that seeks
to impose disciplinary action against the licensee shall be served notice of
the formal charge at least 30 days before the date of the hearing. The hearing
shall be presided over by the Office or a hearing officer authorized by the
Office in compliance with the Illinois Administrative Procedure Act. Service
shall be considered to have been given if the notice was personally received by
the licensee or if the notice was mailed
certified, return requested, to the licensee
at
the licensee's last
known address as listed with the Office.
(c) The notice of a formal charge shall consist, at a minimum, of the
following information:
(1) The time and date of the hearing.
(2) A statement that the licensee may appear | | personally at the hearing and may be represented by counsel.
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(3) A statement that the licensee has the right to
| | produce witnesses and evidence in his or her behalf and the right to cross-examine witnesses and evidence produced against him or her.
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(4) A statement that the hearing can result in
| | disciplinary action being taken against the license.
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(5) A statement that rules for the conduct of these
| | hearings exist and that it may be in the licensee's best interest to obtain a copy.
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(6) A statement that the hearing officer authorized
| | by the Office shall preside at the hearing and, following the conclusion of the hearing, make findings of fact, conclusions of law, and recommendations, separately stated, to the Office as to what disciplinary action, if any, should be imposed on the licensee.
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(7) A statement that the Office may continue the
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(d) The Office or the hearing officer authorized by the Office shall
hear evidence produced in support of the formal charges and contrary evidence
produced by the licensee, if any. If the hearing is conducted by a hearing
officer, at the
conclusion of the hearing, the hearing officer shall make findings of fact,
conclusions of law, and recommendations, separately stated, and submit them to
the Office and to all parties to the proceeding. Submission to the licensee
shall be considered as having been made if done in a similar fashion as service
of the notice of formal charges. Within 20 days after the service, any party to
the proceeding may present to the Office a motion, in writing, for a rehearing.
The written motion shall specify the particular grounds for the rehearing.
(e) The Office, following the time allowed for filing a motion for
rehearing, shall review the hearing officer's findings of fact, conclusions of
law,
recommendations, and any motions filed subsequent to the hearing. After review
of the information the Office may hear oral arguments and thereafter issue an
order. The report of findings of fact, conclusions of law, and recommendations
of the hearing officer shall be the basis for the Office's order. If the Office
finds that substantial justice was not done, it may issue an order in
contravention of the hearing officer's findings.
(f) All proceedings under this Section are matters of public record and a
record of the proceedings shall be preserved.
(Source: P.A. 93-263, eff. 7-22-03; 94-385, eff. 7-29-05.)
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