Illinois Compiled Statutes 430 ILCS 68/5-100 – Hearing; rehearing
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(a) The Director or the hearing officer authorized by the Illinois State Police shall hear evidence in support of the formal charges and evidence produced by the licensee. At the conclusion of the hearing, the Director shall prepare a written report of his or her findings of fact, conclusions of law, and recommendations. The report shall contain a finding of whether the accused person violated this Act or failed to comply with the conditions required in this Act.
(b) At the conclusion of the hearing, a copy of the Director’s or hearing officer’s report shall be served upon the licensee by the Illinois State Police, either personally or as provided in this Act, for the service of a notice of hearing. Within 20 calendar days after service, the licensee may present to the Illinois State Police a motion in writing for a rehearing, which shall specify the particular grounds for rehearing. The Illinois State Police may respond to the motion for rehearing within 20 calendar days after its service on the Illinois State Police. If no motion for rehearing is filed, then upon the expiration of the time specified for filing such a motion, or upon denial of a motion for rehearing, the Director may enter an order in accordance with his or her recommendations or the recommendations of the hearing officer. If the licensee orders from the reporting service and pays for a transcript of the record within the time for filing a motion for rehearing, the 20-day period within which a motion may be filed shall commence upon the delivery of the transcript to the licensee.
For details, see § Ill. Comp. Stat. 730 ILCS 5/5-4.5-55
(c) All proceedings under this Section are matters of public record and shall be preserved.
(d) The licensee may continue to operate during the course of an investigation or hearing, unless the Director finds that the public interest, safety, or welfare requires an emergency action.
(e) Upon the suspension or revocation of a certificate of license, the licensee shall surrender the certificate to the Illinois State Police and, upon failure to do so, the Illinois State Police shall seize the same. However, when the certification of a certified licensee is suspended, the certified licensee shall not operate as a certified licensee during the period in which the certificate is suspended and, if operating during that period, shall be operating in violation of subsection (a) of Section 5-15 of this Act. A person who violates this Section is guilty of a Class A misdemeanor for a first violation, and a Class 4 felony for a second or subsequent violation. In addition to any other penalty provided by law, any person or entity who violates this Section shall pay a civil penalty to the Illinois State Police in an amount not to exceed $2,500 for the first violation, and a fine not to exceed $5,000 for a second or subsequent violation.
(b) At the conclusion of the hearing, a copy of the Director’s or hearing officer’s report shall be served upon the licensee by the Illinois State Police, either personally or as provided in this Act, for the service of a notice of hearing. Within 20 calendar days after service, the licensee may present to the Illinois State Police a motion in writing for a rehearing, which shall specify the particular grounds for rehearing. The Illinois State Police may respond to the motion for rehearing within 20 calendar days after its service on the Illinois State Police. If no motion for rehearing is filed, then upon the expiration of the time specified for filing such a motion, or upon denial of a motion for rehearing, the Director may enter an order in accordance with his or her recommendations or the recommendations of the hearing officer. If the licensee orders from the reporting service and pays for a transcript of the record within the time for filing a motion for rehearing, the 20-day period within which a motion may be filed shall commence upon the delivery of the transcript to the licensee.
Attorney's Note
Under the Illinois Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $2,500 |
Terms Used In Illinois Compiled Statutes 430 ILCS 68/5-100
- 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.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(c) All proceedings under this Section are matters of public record and shall be preserved.
(d) The licensee may continue to operate during the course of an investigation or hearing, unless the Director finds that the public interest, safety, or welfare requires an emergency action.
(e) Upon the suspension or revocation of a certificate of license, the licensee shall surrender the certificate to the Illinois State Police and, upon failure to do so, the Illinois State Police shall seize the same. However, when the certification of a certified licensee is suspended, the certified licensee shall not operate as a certified licensee during the period in which the certificate is suspended and, if operating during that period, shall be operating in violation of subsection (a) of Section 5-15 of this Act. A person who violates this Section is guilty of a Class A misdemeanor for a first violation, and a Class 4 felony for a second or subsequent violation. In addition to any other penalty provided by law, any person or entity who violates this Section shall pay a civil penalty to the Illinois State Police in an amount not to exceed $2,500 for the first violation, and a fine not to exceed $5,000 for a second or subsequent violation.