(225 ILCS 330/29) (from Ch. 111, par. 3279)
(Section scheduled to be repealed on January 1, 2020)
Sec. 29. Investigations; notice and hearing. The
Department may investigate the actions of any person or other entity
holding, applying for or claiming to hold a license, or practicing or offering
to practice land surveying. Before the initiation of an investigation, the
matter shall be reviewed by a subcommittee of the Board according to procedures
established by rule for the Complaint Committee. The Department shall,
before refusing to issue, renew or restore, suspending or revoking any license
or registration, or imposing any other disciplinary action, at least 30
days prior to the date set for the hearing, notify the person accused in
writing of any charges made and shall direct the person or entity to file a
written answer to the Board under oath within 20 days after the service of the
notice and inform the person or entity that if the person or entity fails to
file an answer default will be taken and that the license or certificate may be
suspended, revoked, placed on probationary status, or other disciplinary action
may be taken, including limiting the scope, nature or extent of practice, as
the Secretary may deem proper. This written notice may be served by personal delivery
to the accused
person or entity or certified mail to the last address specified by the accused
person or entity in the last notification to the Department. In case the person
or entity fails to file an answer after receiving notice, his or her license or
certificate may, in the discretion of the Department, be suspended, revoked, or
placed on probationary status, or the Department may take whatever disciplinary
action deemed proper, including limiting the scope, nature, or extent of the
person's practice or the imposition of a fine, without a hearing, if the act or
acts charged constitute sufficient grounds for such action under this Act.
At the time and place fixed in the notice, the Board shall hear the charges and
the accused person or entity shall be accorded ample opportunity to present any
statements, testimony, evidence and argument as may be relevant to the charges
or their defense. The Board may continue the hearing from time to time.
The Department may from time to time employ individual land surveyors possessing the same minimum
qualifications as required for Board candidates to assist with its
investigative duties.
Persons who assist the Department as consultants or expert witnesses in
the investigation or prosecution of alleged violations of the Act,
licensure matters, restoration proceedings, or criminal prosecutions, are
not liable for damages in any civil action or proceeding as a result of
their assistance, except upon proof of actual malice. The
Attorney General shall defend these persons in any such action or proceeding.
(Source: P.A. 96-626, eff. 8-24-09.)
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