Section 568.170  Procedures Following Determination of Probable Cause

a)         If the Commission determines that a complaint sufficiently alleges a violation of the Act, and that probable cause exists to proceed further, the Commission shall also enclose with the notice advising the Complainant and Respondent of its decision, a notice of the date, time and location of the hearing on the complaint.  The hearing date shall be scheduled within four weeks from the date the complaint was officially received.

b)         At least 24 hours prior to the hearing on the complaint, the Commission shall provide public notice of the hearing date, time and location and shall note on the notice that the hearing is closed to the public.

c)         On the date of closed hearing on the complaint, the Commission shall permit the Complainant and Respondent to present testimony and evidence.

d)         Following the hearing, and within six weeks after the official receipt of the written complaint, the Commission shall either:

1)         dismiss the complaint; or

2)         issue a preliminary recommendation regarding the Respondent to the Secretary of State, with a copy to the alleged violator, and/or impose a fine upon the violator.

e)         Notice of a preliminary recommendation or any fine imposed shall be sent to the Respondent by certified mail, return receipt requested.

f)          Any preliminary recommendation, any particular findings by the Commission, and any fine imposed shall be made available for public inspection.

g)         Within seven business days after the issuance of a preliminary recommendation and/or imposition of a fine, the Respondent may file a written demand for a public hearing on the complaint.  The filing of the written demand shall stay the enforcement of the preliminary recommendation or fine.

h)         Within two weeks after receiving the demand, the Commission shall conduct a public hearing on the complaint.  At least 24 hours public notice of the hearing shall be provided.

i)          At the hearing, the Complainant and Respondent shall be allowed to present testimony and evidence to the Commission.  Within five business days, the Commission shall publicly issue a final recommendation to the alleged violator and to the Secretary of State and/or impose a fine.

j)          The Commission, for a violation of the Act, may recommend any and all disciplinary action permitted by the Act.

k)         The Secretary of State shall review the preliminary recommendation and shall either agree or disagree with the recommendation and the proposed disciplinary action. The Secretary of State may, within his or her discretion, impose greater or lesser disciplinary action than recommended by the Commission.

l)          A fine may be imposed by the Commission and is not subject to review by the Secretary of State.  Any fine that has been imposed by the Commission shall be considered a final administrative decision appealable under the Administrative Review Law [735 ILCS 5/Art. III].