Section 406.120  Hearing, Decision and Appeal

The following procedures are established for those Department certification actions that law requires to be preceded by notice and opportunity for hearing:

a)         Prior to revocation or partial revocation, the Department shall give written notice to the laboratory director or owner.  This notice shall include a description of the proposed action, the facts or conduct upon which the Department will rely to support its proposed action and the procedures for requesting a hearing.

b)         Notice given under subsection (a) of this Section and any hearing requested following issuance of such notice shall be in accordance with 32 Ill. Adm. Code 200.

c)         If, however, the Department finds that an emergency situation warrants immediate action, summary suspension as provided for by Section 10-65(d) the Illinois Administrative Procedure Act [5 ILCS 100/10-65(d)]  may be ordered pending revocation proceedings.  An emergency situation warrants immediate action if there is substantial risk to public health, safety or welfare resulting from laboratory deficiencies that are compromising or are likely to compromise the analytical results obtained.

d)         A final decision of the Director is appealable to the Circuit Courts under the Illinois Administrative Review Act [735 ILCS 5/Art. III].