(225 ILCS 411/25-3)
(Section scheduled to be repealed on January 1, 2021)
Exemption, investigation, mediation.
All cemetery authorities maintaining a partial exemption must submit to the following investigation and mediation procedure by the Department in the event of a consumer complaint:
(a) Complaints to cemetery:
(1) the cemetery authority shall make every effort to
first resolve a consumer complaint; and
(2) if the complaint is not resolved, then the
cemetery authority shall advise the consumer of his or her right to seek investigation and mediation by the Department.
(b) Complaints to the Department:
(1) if the Department receives a complaint, the
Department shall make an initial determination as to whether the complaint has a reasonable basis and pertains to this Act;
(2) if the Department determines that the complaint
has a reasonable basis and pertains to this Act, it shall inform the cemetery authority of the complaint and give it 30 days to tender a response;
(3) upon receiving the cemetery authority's response,
or after the 30 days provided in subsection (2) of this subsection, whichever comes first, the Department shall attempt to resolve the complaint telephonically with the parties involved;
(4) if the complaint still is not resolved, then the
Department shall conduct an investigation and mediate the complaint as provided for by rule;
(5) if the Department conducts an on-site
investigation and face-to-face mediation with the parties, then it may charge the cemetery authority a single investigation and mediation fee, which fee shall be set by rule and shall be calculated on an hourly basis; and
(6) if all attempts to resolve the consumer complaint
as provided for in paragraphs (1) through (5) fail, then the cemetery authority may be subject to proceedings for penalties and discipline under this Article when it is determined by the Department that the cemetery authority may have engaged in any of the following: (i) gross malpractice; (ii) dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public; (iii) gross, willful, or continued overcharging for services; (iv) incompetence; (v) unjustified failure to honor its contracts; or (vi) failure to adequately maintain its premises. The Department may issue a citation or institute disciplinary action and cause the matter to be prosecuted and may thereafter issue and enforce its final order as provided in this Act.
(Source: P.A. 96-863, eff. 3-1-10.)