(225 ILCS 729/75)
(Section scheduled to be repealed on January 1, 2022)
Formal charges; hearings.
(a) Following the investigative process, the State Fire Marshal may file
charges against the licensee. The formal charges shall, at a minimum, inform
licensee of the facts that comprise the basis of the charge and that are
specific enough to
enable the licensee to defend himself or herself.
(b) Each licensee whose conduct is the subject of a formal charge that seeks
impose disciplinary action against the licensee shall be served notice of the
at least 30 days before the date of the hearing, which shall be presided over
officer authorized by the State Fire Marshal. Service shall be considered to
given if the notice was personally received by the licensee or if the notice
was sent by
certified mail, return receipt requested, to the licensee at the licensee's
listed with the State Fire Marshal.
(c) The notice of formal charges shall inform the licensee (i) of the time,
place of the hearing; (ii) that the licensee shall appear personally at the
hearing and may
be represented by counsel; (iii) that the licensee shall have the right to
and evidence in his or her behalf and shall have the right to cross-examine
examine evidence produced against him or her; (iv) that the hearing could
being taken against his or her license; (v) that rules for the conduct of these
and it may be in the licensee's best interest to obtain a copy; (vi) that a
authorized by the State Fire Marshal shall preside at the hearing and following
conclusion of the hearing shall make findings of fact, conclusions of law, and
recommendations to the State Fire Marshal as to what disciplinary action, if
be imposed on the licensee; and (vii) that the State Fire Marshal may continue
(d) The hearing officer authorized by the State Fire Marshal shall hear the
produced in support of the formal charges and any contrary evidence produced by
licensee. At the conclusion of the hearing, the hearing officer shall
of fact, conclusions of law, and recommendations and submit them to the State
Marshal and to all parties to the proceeding. Submission to the licensee shall
considered as having been made if done in a similar fashion as service of the
formal charges. Within 20 days after such service, any party to the proceeding
present to the State Fire Marshal a motion, in writing, for a rehearing that
grounds for rehearing.
(e) The State Fire Marshal, following the time allowed for filing a motion
rehearing, shall review the hearing officer's findings of fact, conclusions of
recommendations and any motions filed subsequent to the findings, conclusions,
recommendations. After reviewing
information, the State Fire Marshal may hear oral arguments, prior to issuing
an order. The report of findings of fact, conclusions of law, and
hearing officer shall be the basis for the State Fire Marshal's order.
If the State Fire Marshal finds that substantial justice was not done, he or
an order in contravention to the findings of fact, conclusions of law, and
recommendations of the hearing officer.
The finding is not admissible in evidence against the
person in a
criminal prosecution brought for the violation of this Act.
(f) All proceedings pursuant to this Section are matters of public record
and shall be preserved.
(Source: P.A. 92-618, eff. 7-11-02