(225 ILCS 411/5-25)
(Section scheduled to be repealed on January 1, 2021)
Powers of the Department.
Subject to the provisions of this Act, the Department may exercise the following powers:
(1) Authorize certification programs to ascertain the
qualifications and fitness of applicants for licensing as a licensed cemetery manager or as a customer service employee to ascertain whether they possess the requisite level of knowledge for such position.
(2) Examine a licensed cemetery authority's records
from any year or any other aspects of cemetery operation as the Department deems appropriate.
(3) Investigate any and all cemetery operations.
(4) Conduct hearings on proceedings to refuse to
issue or renew licenses or to revoke, suspend, place on probation, reprimand, or otherwise discipline a license under this Act or take other non-disciplinary action.
(5) Adopt reasonable rules required for the
administration of this Act.
(6) Prescribe forms to be issued for the
administration and enforcement of this Act.
(7) Maintain rosters of the names and addresses of
all licensees and all persons whose licenses have been suspended, revoked, denied renewal, or otherwise disciplined within the previous calendar year. These rosters shall be available upon written request and payment of the required fee as established by rule.
(8) Work with the Office of the Comptroller and the
Department of Public Health, Division of Vital Records to exchange information and request additional information relating to a licensed cemetery authority;
(9) Investigate cemetery contracts, grounds, or
If the Department exercises its authority to conduct investigations under this Section, the Department shall provide the cemetery authority with information sufficient to challenge the allegation. If the complainant consents, then the Department shall provide the cemetery authority with the identity of and contact information for the complainant so as to allow the cemetery authority and the complainant to resolve the complaint directly. Except as otherwise provided in this Act, any complaint received by the Department and any information collected to investigate the complaint shall be maintained by the Department for the confidential use of the Department and shall not be disclosed. The Department may not disclose the information to anyone other than law enforcement officials or other regulatory agencies or persons that have an appropriate regulatory interest, as determined by the Secretary, or to a party presenting a lawful subpoena to the Department. Information and documents disclosed to a federal, state, county, or local law enforcement agency shall not be disclosed by the agency for any purpose to any other agency or person. A formal complaint filed against a licensee by the Department or any order issued by the Department against a licensee or applicant shall be a public record, except as otherwise prohibited by law.
(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)