(225 ILCS 210/5003)
(from Ch. 96 1/2, par. 1-5003)
Appeal to Department; Hearing; Notice.
(a) Whenever the Department intends to refuse to issue or renew or to
suspend, revoke or take other disciplinary action with respect to a license
the Department shall give notice to the applicant or holder. Such notice
shall be in writing, shall state specifically the grounds upon which the
Department intends to take the indicated action and shall be served by
delivery of the same personally to the applicant or holder, or by mailing
the same by registered or certified mail to the applicant or holder's last
known address. The aggrieved party may appeal to the
Department for a hearing. The applicant or holder shall request such a
hearing in writing within 30 days after notice is mailed.
of Sections 5003 through 5005 shall not apply to decisions of the
Department to deny a license or certificate based on an applicant's failure
to satisfy any age or examination requirements.
(b) Upon the receipt of a request for a hearing, the Department shall
order a hearing to be held.
The hearing proceedings shall be commenced within 30 days after the receipt by the
Department of the request for a hearing unless the hearing is continued for
good cause at the request of any party.
The Department shall, at least 10 days prior to the date set for the hearing,
notify in writing the applicant for or holder of a license or certificate
that a hearing will be held at the place and on the date designated in the
notice to determine whether the applicant or holder is qualified to hold a
license or certificate, and that the Department shall afford the
applicant or holder an
opportunity to be heard. Such written notice may be served by personal
delivery to the applicant or holder, or by mailing the notice by registered
or certified mail to the applicant or holder's last known address.
(c) At the time and place
fixed in the notice, the Department shall proceed to hear the appeal, and
all parties to the proceeding shall have the opportunity to present such
statements, testimony, evidence and argument as may be relevant to the
proceeding. Hearings shall be conducted by hearing officers appointed by
the Department, and an authorized agent of the Department may administer
oaths to witnesses at any hearing which the Department is authorized to
conduct. The Department, if necessary, may continue such hearing from time
to time. Hearing officers may authorize reasonable discovery by any party. The Illinois Code of Civil Procedure and Illinois Supreme Court rules shall not be applicable to hearing proceedings under this Section.
(d) Nothing in this Section shall be construed to limit the
authority of the Department to deny, refuse to issue or renew, or suspend,
revoke, or take other disciplinary action with respect to a license or
certificate if the applicant or holder waives the right to a hearing by
failing to request a hearing within the prescribed time after notice is mailed.
(Source: P.A. 96-1194, eff. 1-1-11.)