Illinois Compiled Statutes 225 ILCS 316/90 – Investigation; notice and hearing
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(a) The Department may investigate the actions of any applicant or of any person holding or claiming to hold a certificate of registration under this Act.
(b) The Department shall, before disciplining an applicant or registrant, at least 30 days prior to the date set for the hearing, (i) notify in writing the applicant or registrant of the charges made and the time and place for the hearing on the charges, (ii) direct the applicant or registrant to file a written answer to the charges under oath within 20 days after the service of the notice, and (iii) inform the applicant or registrant that failure to file a written answer to the charges will result in a default judgment being entered against the applicant or registrant.
(c) Written or electronic notice, and any notice in the subsequent proceeding, may be served by personal delivery, by email, or by mail to the applicant or registrant at their address of record or email address of record.
(d) At the time and place fixed in the notice, the hearing officer appointed by the Secretary shall proceed to hear the charges and the parties or their counsel shall be accorded ample opportunity to present any statement, testimony, evidence, and argument as may be pertinent to the charges or to their defense. The hearing officer may continue the hearing from time to time.
(e) In case the registrant or applicant, after receiving the notice, fails to file an answer, their registration may, in the discretion of the Secretary, be suspended, revoked, placed on probationary status, or be subject to whatever disciplinary action the Secretary considers proper, including limiting the scope, nature, or extent of the person’s practice or imposition of a fine, without hearing, if the act or acts charged constitute sufficient grounds for such action under this Act.
(b) The Department shall, before disciplining an applicant or registrant, at least 30 days prior to the date set for the hearing, (i) notify in writing the applicant or registrant of the charges made and the time and place for the hearing on the charges, (ii) direct the applicant or registrant to file a written answer to the charges under oath within 20 days after the service of the notice, and (iii) inform the applicant or registrant that failure to file a written answer to the charges will result in a default judgment being entered against the applicant or registrant.
Terms Used In Illinois Compiled Statutes 225 ILCS 316/90
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(c) Written or electronic notice, and any notice in the subsequent proceeding, may be served by personal delivery, by email, or by mail to the applicant or registrant at their address of record or email address of record.
(d) At the time and place fixed in the notice, the hearing officer appointed by the Secretary shall proceed to hear the charges and the parties or their counsel shall be accorded ample opportunity to present any statement, testimony, evidence, and argument as may be pertinent to the charges or to their defense. The hearing officer may continue the hearing from time to time.
(e) In case the registrant or applicant, after receiving the notice, fails to file an answer, their registration may, in the discretion of the Secretary, be suspended, revoked, placed on probationary status, or be subject to whatever disciplinary action the Secretary considers proper, including limiting the scope, nature, or extent of the person’s practice or imposition of a fine, without hearing, if the act or acts charged constitute sufficient grounds for such action under this Act.