Illinois General Assembly - Illinois Compiled Statutes

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720 ILCS 570/305

(720 ILCS 570/305) (from Ch. 56 1/2, par. 1305)

Sec. 305.

(a) Before denying, refusing renewal of, suspending, or revoking a
registration, or imposing a fine on an applicant or registrant, the Department of Financial and Professional Regulation shall serve upon
the applicant or registrant, by registered mail at the address in the
application or registration or by any other means authorized under the
Civil Practice Law or Rules of the Illinois Supreme Court for the service
of summons or subpoenas, a notice of hearing to determine why registration
should not be denied, refused renewal, suspended or revoked.  The notice
shall contain a statement of the basis therefor and shall call upon the
applicant or registrant to appear before the Department of Financial and Professional
Regulation at a reasonable time and place.  These proceedings shall be
conducted in accordance with Sections 2105-5, 2105-15, 2105-100, 2105-105,
2105-110,
2105-115, 2105-120, 2105-125, 2105-175, and 2105-325
of the Department of Professional Regulation Law (20 ILCS 2105/2105-5,
2105/2105-15, 2105/2105-100, 2105/2105-105, 2105/2105-110, 2105/2105-115,
2105/2105-120,
2105/2105-125, 2105/2105-175, and 2105/2105-325),
without
regard to any criminal prosecution or other proceeding.  Except as
authorized in subsection (c), proceedings to refuse renewal or
suspend or
revoke registration shall not abate the existing registration, which shall
remain in effect until the Department of Financial and Professional Regulation has
held the hearing called for in the notice and found, with input from the
appropriate licensure or disciplinary board, that the registration
shall no longer remain in effect.

(b) The Secretary of the Department of Financial and Professional Regulation may appoint an attorney duly
licensed to practice law in the State of Illinois to serve as the hearing
officer in any action to deny, refuse to renew, suspend, or revoke, or take any
other disciplinary action with regard to a registration.  The hearing officer
shall have full authority to conduct the hearing.  The hearing officer shall
report his or her findings and recommendations to the appropriate licensure or
disciplinary board within 30 days after receiving the record.  The
Disciplinary Board shall have 60 days from receipt of the report to review the
report of the hearing officer and present its findings of fact, conclusions
of law, and recommendations to the Secretary of the Department of Financial and Professional Regulation.

(c) If the Department of Financial and Professional Regulation finds that
there is
an imminent danger to the public health or safety by the continued
manufacture, distribution or dispensing of controlled substances by the
registrant, the Department of Financial and Professional Regulation may, upon the
issuance of a written ruling stating the reasons for such finding and
without notice or hearing, suspend such registrant.  The suspension shall
continue in effect for not more than 15 days during which time the
registrant shall be given a hearing on the issues involved in the
suspension.  If after the hearing, and after
input from the appropriate licensure or disciplinary board,
the Department of Financial and Professional Regulation
finds that the public health
or safety requires the suspension to remain in effect it shall so remain
until the ruling is terminated by its own terms or subsequent ruling or is
dissolved by a circuit court upon determination that the
suspension was wholly without basis in fact and law.

(d) If, after a hearing as provided in subsection (a), the
Department of Financial and
Professional Regulation
finds that a registration should be refused
renewal, suspended or revoked, a written ruling to that effect shall be
entered.  The Department of Financial and Professional Regulation's ruling shall remain
in effect until the ruling is terminated by its own terms or subsequent
ruling or is dissolved by a circuit court upon a determination that the
refusal to renew suspension or revocation was wholly without basis in fact and
law.

(Source: P.A. 97-334, eff. 1-1-12.)