Illinois Compiled Statutes
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225 ILCS 2/140
(225 ILCS 2/140)
(Section scheduled to be repealed on January 1, 2028)
Investigation; notice; hearing.
Licenses may be refused,
or otherwise disciplined in the manner provided by this Act and not otherwise.
The Department may upon its own motion or upon the
of any person setting forth facts that if proven would constitute
grounds for refusal to issue or renew
or for suspension, revocation, or other disciplinary action
under this Act,
actions of a person applying for, holding, or claiming to hold a license. The
Department shall, before refusing to issue or renew, suspending,
revoking, or taking other disciplinary action regarding a
license or taking other discipline pursuant to Section 110 of this Act, and at
least 30 days prior to the date set for the hearing, notify in writing the
applicant or licensee of any charges made, shall afford
the applicant or licensee an opportunity to be heard in person or by counsel in
reference to the charges, and direct the applicant or licensee to file a
answer to the Department under oath within 20 days after the service of the
notice and inform the applicant or licensee that failure to file an answer will
result in default being taken against the applicant or licensee and that the
license 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
Secretary may deem proper. Written notice may be served by: (1) personal delivery
to the applicant or licensee; (2) mailing the notice by registered or certified mail to
his or her address of record or to the place of business last
specified by the applicant or licensee in his or her last notification
the Department; or (3) sending notice via email to the applicant's or licensee's email address of record. If the person fails to file an answer after receiving
notice, his or her license 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. At the time and place fixed in the notice, the
Department shall proceed to hearing of the charges and both the applicant or
and the complainant shall be afforded ample opportunity to present, in person
or by counsel, any statements, testimony, evidence, and arguments that may be
pertinent to the charges or to their defense. The Department may continue a
hearing from time to time.
If the Board is not sitting at the time and place fixed in the notice or
at the time and place to which the hearing shall have been continued, the
Department may continue the hearing for a period not to exceed 30 days.
(Source: P.A. 100-375, eff. 8-25-17.)