(225 ILCS 105/19) (from Ch. 111, par. 5019)
(Section scheduled to be repealed on January 1, 2022)
Sec. 19. Findings and recommendations. At the conclusion of the hearing, the hearing officer
shall present to the
Secretary a written report of its findings, conclusions of law, and
recommendations. The report shall
contain a finding of whether the accused person violated this Act or its
rules or failed to comply
with the conditions required in this Act or its rules. The hearing officer shall specify
the nature of any
violations or failure to comply and shall make its recommendations to the
Secretary. In making
recommendations for any disciplinary actions, the hearing officer may take into
consideration all facts and
circumstances bearing upon the reasonableness of the conduct of the accused and
the potential for future harm to the public including, but not limited to,
previous discipline of the accused by the Department, intent, degree of harm to
the public and likelihood of harm in the future, any restitution made by the
accused, and whether the incident or incidents contained in the complaint
appear to be isolated or represent a continuing pattern of conduct. In making
its recommendations for discipline,
the hearing officer shall endeavor to ensure that the severity of the discipline
recommended is reasonably related to the severity of the violation.
The report of findings of fact, conclusions of law, and recommendation of the hearing officer
shall be
the basis for the Department's order refusing to issue, restore, or renew a
license, or otherwise
disciplining a licensee. If the Secretary disagrees with the
recommendations of the hearing officer, the Secretary
may issue an order in contravention of the hearing officer's recommendations. The finding is not admissible in evidence against the person in a
criminal prosecution
brought for a violation of this Act, but the hearing and finding are not a bar
to a criminal prosecution
brought for a violation of this Act.
(Source: P.A. 97-119, eff. 7-14-11.)
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