(230 ILCS 5/16)
(from Ch. 8, par. 37-16)
(a) The Board shall, in accordance with Section 15, have the
power to revoke or suspend an occupation license, and the steward or judges
at a race meeting shall have the power to suspend an occupation license of
any horse owner, trainer, harness driver, jockey, agent, apprentice,
groom, stable foreman, exercise boy, veterinarian, valet, blacksmith or
concessionaire whose work, in whole or in part, is conducted at facilities within the State, or to determine the eligibility for employment at a
wagering facility of a
pari-mutuel clerk, parking attendant or security guard.
The Illinois Administrative Procedure Act shall not apply to the actions of
the Board or of the stewards or judges at a race meeting, and those actions
shall instead be subject to the procedures outlined in subsections (b) through
(e) of this Section.
The Board may refuse to issue or may suspend the occupation license of
any person who fails to file a return, or to pay the tax, penalty or
interest shown in a filed return, or to pay any final assessment of tax,
penalty or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the requirements of any
such tax Act are satisfied.
(b) In the event the Board, for violation of the provisions of this Act
or the rules and regulations of the Board or other just cause, refuses,
revokes or suspends an occupation license, or a steward or the judges at
any race meeting suspend an occupation license of any horse owner, trainer,
harness driver, jockey, agent, apprentice, groom, stable foreman, exercise
person, veterinarian, valet, blacksmith, concessionaire or other occupation
licensee whose work, in whole or in part is conducted at facilities within the State and owned by a licensee, or
declare a person ineligible for employment, then the occupation license of
the person or his eligibility for employment shall be suspended pending a
hearing of the Board.
(c) The person affected by such action at any race meeting may request a
hearing before the Board within 5 days after receipt of notice of the
suspension from the Board, the steward or the judges at any race meeting.
The hearing shall be held by the Board within 7 days after such request has
been received by the Board. Any action of a steward or the judges with
respect to any occupation license or eligibility for employment may be
heard by the Board on its own motion by giving the aggrieved party at least
3 days' notice in writing of the time and place of the hearing.
(d) All hearings by the Board under this Section shall be
held at such place in the State as the Board may designate and any notice
provided for shall be served by mailing it postage prepaid by certified
mail to the parties affected. Any such notice so mailed is deemed to have
been served on the business day next following the date of such mailing.
(e) The Board in conducting such hearings shall not be bound by technical
rules of evidence, but all evidence offered before the Board shall be
reduced to writing and shall, with petition and exhibits, if any, and the
findings of the Board, be permanently preserved and constitute the record
of the Board in such case. The Board may require that appellants bear
reasonable costs of the production of hearing transcripts. Any of the
parties affected in such hearing may be represented by counsel and
introduce evidence. At the request of the Board, the Attorney General
shall assist and participate in the conduct of such hearing.
(f) Every member of the Board has the power to administer oaths and
affirmations, certify all official acts, issue subpoenas, compel the
attendance and testimony of witnesses and the production of papers, books,
accounts, and documents.
(g) Any person who is served with a subpoena (issued by the Board or any
member thereof) to appear and testify, or to produce books, papers,
accounts or documents in the course of an inquiry or hearing conducted
under this Act, and who refuses or neglects to appear or to testify or to
produce books, papers, accounts and documents relative to the hearings as
commanded in such subpoenas, may be punished by the Circuit Court in the
county where the violation is committed in the same manner as the Circuit
Court may punish such refusal or neglect in a case filed in court.
(h) In case of disobedience to a subpoena, the Board
may petition the Circuit Court in the county where the violation
was committed for an order requiring the attendance and testimony of
witnesses or the production of documentary evidence or both. A copy of
such petition shall be served by personal notice or by registered or
certified mail upon the person who has failed to obey that subpoena, and
such person shall be advised in writing that a hearing upon the petition
will be requested in a court room to be designated in that notice before
the judge occupying the courtroom on a specified date and at a specified time.
(i) The court, upon the filing of such a petition, may order the person
refusing to obey the subpoena to appear before the Board at a designated
time, or to there produce documentary evidence, if so ordered, or to give
evidence relating to the subject matter of the hearing. Any failure to
obey such order of the Circuit Court may be punished
by that court as a civil or criminal contempt upon itself.
(j) The Board, any member thereof or any applicant may, in connection
with any hearing before the Board, cause the deposition of witnesses within
or without the State to be taken on oral or written interrogatories in the
manner prescribed for depositions in the courts of this State.
(k) At the conclusion of such hearing, the Board shall make its findings
which shall be the basis of the refusal, suspension or revocation of the
occupation license or other action taken by the Board. Such findings and
the action of the Board shall be final. However, the action of the Board
and the propriety thereof are subject to review under Section 46.
(Source: P.A. 89-16, eff. 5-30-95.)