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(225 ILCS 217/90)
(Section scheduled to be repealed on January 1, 2023)
Disciplinary sanctions; hearings.
(a) The State Fire Marshal shall impose any of the following sanctions,
singly or in combination, when he or she finds that a licensee is guilty of any
offense described in Section 75:
(2) suspension for any period of time;
(3) reprimand or censure;
(4) placement on probationary status and the
requirement of the submission of any of the following:
(i) report regularly to the Board or State Fire
Marshal upon matters that are the basis of the probation;
(ii) continuation or renewal of professional
education until a satisfactory degree of skill has been attained in those areas that are the basis of the probation; or
(iii) such other reasonable requirements or
restrictions as are proper;
(5) refusal to issue, renew, or restore;
(6) revocation of probation that has been granted and
imposition of any other discipline in this subsection (a) when the requirements of probation have not been fulfilled or have been violated; or
(7) imposition of a fine not to exceed $5,000 for
each violation of this Act or the rules adopted under this Act.
(b) The State Fire Marshal may summarily suspend a license under this Act,
a hearing, simultaneously with the filing of a formal complaint and notice
for a hearing provided under this Section if the State Fire Marshal finds that the
continued operations of the individual would constitute an immediate danger
to the public. In the event the State Fire Marshal suspends a license under this
subsection, a hearing by the hearing officer designated by the
State Fire Marshal shall begin within 20 days after such suspension begins, unless
continued at the request of the licensee.
(c) Disposition may be made of any formal complaint by consent order between
the State Fire Marshal and the licensee.
(d) The State Fire Marshal shall reinstate any license to good standing
this Act, upon recommendation to the State Fire Marshal, after a hearing before
hearing officer authorized by the State Fire Marshal.
The State Fire Marshal shall be satisfied that the applicant's renewed practice
is not contrary to the public interest.
(e) The State Fire Marshal may order a licensee to submit to a reasonable
physical examination if his or her physical capacity to practice safely is at
issue in a disciplinary proceeding.
Failure to comply with a State Fire Marshal order to submit to a
examination shall render a licensee liable to the summary suspension
procedures described in this Section.
(f) The State Fire Marshal may conduct hearings and issue cease and desist
to persons who engage in activities prohibited by this Act without having
a valid license, certificate, or registration. Any person in violation of
a cease and desist order entered by the State Fire Marshal shall be subject to
of the remedies provided by law, and in addition, shall be subject to a
civil penalty payable to the party injured by the violation.
(g) The State Fire Marshal shall seek to achieve consistency in the
of the foregoing sanctions and consent orders and significant departure
from prior decisions involving similar conduct shall be explained in the
State Fire Marshal's orders.
(Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.)