Illinois Compiled Statutes
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205 ILCS 670/9
(205 ILCS 670/9)
(from Ch. 17, par. 5409)
Fines, Suspension or Revocation of license.
(a) The Director may, after 10 days notice by registered mail to the
licensee at the address set forth in the license, stating the contemplated
action and in general the grounds therefor, fine such licensee an
amount not exceeding $10,000 per violation, or revoke or suspend any
license issued hereunder if he or she finds that:
(1) The licensee has failed to comply with any
provision of this Act or any order, decision, finding, rule, regulation or direction of the Director lawfully made pursuant to the authority of this Act; or
(2) Any fact or condition exists which, if it had
existed at the time of the original application for the license, clearly would have warranted the Director in refusing to issue the license.
(b) The Director may fine, suspend, or revoke only the particular
license with respect to which grounds for the fine, revocation or
suspension occur or exist, but if the Director shall find that grounds for
revocation are of general application to all offices or to more than one
office of the licensee, the Director shall fine, suspend, or revoke every
license to which such grounds apply.
(d) No revocation, suspension, or surrender of any license shall
impair or affect the obligation of any pre-existing lawful contract between
the licensee and any obligor.
(e) The Director may issue a new license to a licensee whose license
has been revoked when facts or conditions which clearly would have warranted
the Director in refusing originally to issue the license no longer exist.
(g) In every case in which a license is suspended or revoked or an
application for a license or renewal of a license is denied, the Director shall
serve the licensee with notice of his or her action, including a statement of
the reasons for his or her actions, either personally, or by certified mail,
return receipt requested. Service by certified mail shall be deemed completed
when the notice is deposited in the U.S. Mail.
(h) An order assessing a fine, an order revoking or suspending a license or,
an order denying renewal of a license shall take effect upon service of the
order unless the licensee requests, in writing, within 10 days after the date
of service, a hearing. In the event a hearing is requested, the order shall be
stayed until a final administrative order is entered.
(i) If the licensee requests a hearing, the Director shall schedule a
hearing within 30 days after the request for a hearing unless otherwise agreed
to by the parties.
(j) The hearing shall be held at the time and place designated by the
Director. The Director and any administrative law judge designated by him or
her shall have the power to administer oaths and affirmations, subpoena
and compel their attendance, take evidence, and require the production of
books, papers, correspondence, and other records or information that he or she
considers relevant or material to the inquiry.
(k) The costs for the administrative hearing shall be set by rule.
(l) The Director shall have the authority to prescribe rules for the
administration of this Section.
(m) The Department shall establish by rule and publish a schedule of fines that are reasonably tailored to ensure compliance with the provisions of this Act and which include remedial measures intended to improve licensee compliance. Such rules shall set forth the standards and procedures to be used in imposing any such fines and remedies.
(Source: P.A. 98-209, eff. 1-1-14.)