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| Public Act 096-0048 |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Funeral Directors and Embalmers Licensing | ||||
Code is amended by changing Section 15-15 as follows:
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(225 ILCS 41/15-15)
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(Section scheduled to be repealed on January 1, 2013)
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Sec. 15-15. Complaints; investigations; hearings; summary | ||||
suspension of license. The Department shall
conduct regular | ||||
inspections of all funeral establishments to determine
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compliance with the provisions of this Code. The Department may | ||||
upon its own
motion and shall upon the verified complaint in | ||||
writing of any person setting
forth facts that if proved would | ||||
constitute grounds for refusal, suspension,
revocation, or | ||||
other disciplinary action investigate the action of any person
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holding or claiming to hold a license under this Code. The | ||||
Department shall
report to the Board, on at least a quarterly | ||||
basis, the status or disposition
of all complaints against, and | ||||
investigations of, license holders. The
Department shall, | ||||
before refusing to issue or renew, suspending, revoking, or
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taking any other disciplinary action with respect to any | ||||
license and at least
30 days before the date set for the | ||||
hearing, notify in writing the licensee
of any charges made and | ||||
shall direct that person to file a written answer to
the Board | ||
under oath within 20 days after the service of the notice and | ||
inform
that person that failure to file an answer may result in | ||
default being taken
and the person's license or certificate may | ||
be suspended, revoked, placed on
probationary status, or other | ||
disciplinary action may be taken, including
limiting the scope, | ||
nature or extent of practice, as the Secretary
Director may | ||
deem
proper. The Department shall afford the licensee an | ||
opportunity to be heard in
person or by counsel in reference to | ||
the charges. Written notice may be served
by personal delivery | ||
to the licensee or by mailing it by registered mail to the
last | ||
known business address of licensee. In case the person fails to | ||
file an
answer after receiving notice, his or her license or | ||
certificate may, in the
discretion of the Department, be | ||
suspended, revoked, or placed on probationary
status, or the | ||
Department may take whatever disciplinary action deemed | ||
proper,
including limiting the scope, nature, or extent of the | ||
person's practice or the
imposition of a fine, without a | ||
hearing, if the act or acts charged constitute
sufficient | ||
grounds for such action under this Act. The hearing on the | ||
charges
shall be at a time and place as the Department shall | ||
prescribe. The Department
may appoint a hearing officer to | ||
conduct the hearing. The Department shall
notify the Board of | ||
the time and place of the hearing and Board members
shall be | ||
allowed to sit at the hearing. The Department has the power
to | ||
subpoena and bring before it any person in this State, or take | ||
testimony
of any person by deposition, with the same fees and | ||
mileage,
in the same manner as prescribed by law in judicial | ||
proceedings in circuit
courts of this State in civil cases. If | ||
the Department determines that
any licensee is guilty of a | ||
violation of any of the provisions of this
Code, disciplinary | ||
action shall be taken against the licensee.
The Department may | ||
take disciplinary action without a formal hearing subject
to | ||
Section 10-70 of the Illinois Administrative Procedure Act. | ||
The Secretary may summarily suspend the license of any | ||
person licensed under this Act without a hearing, | ||
simultaneously with the institution of proceedings for a | ||
hearing provided for in this Section, if the Secretary finds | ||
that evidence in the possession of the Secretary indicates that | ||
the continuation of practice by the licensee would constitute | ||
an imminent danger to the public. In the event that the | ||
Secretary summarily suspends the license of an individual | ||
without a hearing, a hearing must be held within 30 days after | ||
the suspension has occurred.
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(Source: P.A. 87-966; 88-45.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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