(225 ILCS 729/85)
(Section scheduled to be repealed on January 1, 2022)
Depositions; witnesses; judicial review.
(a) The State Fire Marshal has the power to subpoena and bring before him or
person in this State and to take testimony either orally or by deposition, or
both, with the
same fees and mileage and in the same manner as is prescribed by law for
proceedings in civil cases. The State Fire Marshal and the hearing officer
the State Fire Marshal have the power to administer oaths at any hearing that
Fire Marshal is authorized to conduct.
(b) A circuit court, upon the application of the licensee or the State Fire
Marshal, may order the attendance of witnesses and the production of relevant
papers in any hearing conducted pursuant to this Act. The court may compel
by proceedings for contempt.
(c) The State Fire Marshal, at the Office's expense, shall provide a
mechanical recording device to record the testimony and preserve a record of
proceedings at the hearing of any case wherein a license may be revoked,
placed on probationary status, or other disciplinary action taken with regard
to the license. The
notice of hearing, the complaint, and all other documents in the nature of
written motions filed in the proceedings, the transcript of testimony, the
report of the
hearing officer, and the orders of the State Fire Marshal constitute the record
proceedings. The State Fire Marshal shall furnish a transcript of the record
interested person upon payment of the costs of copying and transmitting the
(d) All final administrative decisions of the State Fire Marshal are subject
judicial review pursuant to the provisions of the Administrative Review Law and
rules adopted pursuant thereto. Proceedings for judicial review shall be
the Circuit Court of the county in which the party applying for review resides.
If the party
applying for review is not a resident of Illinois, the venue shall be in
The State Fire Marshal shall not be required to certify any record to the
court, file any
answer in court, or otherwise appear in any court in a judicial review
there is filed in the court with the complaint a receipt from the State Fire
acknowledging payment of the costs of furnishing and certifying the record,
shall be computed at the cost of preparing such record. Exhibits shall be
cost. Failure on the part of the licensee to file the receipt in court shall
be grounds for
dismissal of the action.
During all judicial proceedings incident to disciplinary action, the
imposed upon the accused by the State Fire Marshal shall remain in effect,
court feels justice requires a stay of the order.
(Source: P.A. 92-618, eff. 7-11-02