(225 ILCS 450/20.1) (from Ch. 111, par. 5522)
(Section scheduled to be repealed on January 1, 2014)
Sec. 20.1. Investigations; notice; hearing. The Department
may, upon
its own motion, and shall, upon the
verified complaint in writing of any person setting forth facts which, if
proved, would constitute grounds for disciplinary action
as set forth in Section 20.01, investigate the actions of any
person or entity. The
Department may refer complaints and investigations to a
disciplinary body
of the accounting profession for technical assistance. The results of
an investigation and recommendations of the disciplinary body
may be considered
by the Department, but shall not be considered determinative and
the Department
shall not in any way be obligated to take any action or be bound by the
results of the accounting profession's disciplinary proceedings. The
Department, before taking disciplinary action, shall afford the
concerned
party or parties an opportunity to request a hearing and if so requested
shall set a time and place for a hearing of the complaint. With respect to determinations by a Peer Review Administrator duly appointed by the Department under subsection (f) of Section 16 of this Act that a licensee has failed to satisfactorily complete a peer review as required under subsection (e) of Section 16, the Department may consider the Peer Review Administrator's findings of fact as prima facie evidence, and upon request by a licensee for a hearing the Department shall review the record presented and hear arguments by the licensee or the licensee's counsel but need not conduct a trial or hearing de novo or accept additional evidence. The
Department shall notify the
applicant or the licensed or registered
person or entity of any
charges made and the date and place of the hearing of those charges by
mailing notice thereof to that person or entity by
registered or certified mail to the place last specified by the
accused person or entity in the last
notification to the
Department, at least 30 days prior to the date set for the
hearing or by
serving a written notice by delivery of the notice to the accused
person or entity at least 15 days prior to
the date set
for the hearing, and shall
direct the applicant or licensee or registrant to file a written
answer to the Department
under oath within 20 days after the service of the notice and inform the
applicant or licensee or registrant that failure to file an answer
will result in default
being taken against the applicant or licensee or registrant and that
the license or registration
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 Director may deem proper.
In case the person fails to file an answer after receiving notice, his or
her license or registration 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.
The Department
shall afford the accused person or entity an
opportunity to be heard
in person or by counsel at the hearing. At the conclusion of
the hearing
the Committee shall present to the Director a
written report setting forth its finding
of facts, conclusions of law, and recommendations. The report shall contain
a finding whether or not the accused person violated this Act or failed to
comply with the conditions required in this Act. If the Director disagrees in any regard with the report, he or she may issue an order in contravention of the report. The Director shall provide a written explanation to the Committee of any such deviations and shall specify with particularity the reasons for the deviations.
The finding is not admissible in evidence against the person in a criminal
prosecution brought for the violation of this Act, but the hearing and
findings are not a bar to a criminal prosecution brought for the violation
of this Act.
(Source: P.A. 93-683, eff. 7-2-04; 94-779, eff. 5-19-06.)
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