(210 ILCS 115/22)
(from Ch. 111 1/2, par. 732)
Any person refused a permit to construct or alter a park or a
license, or whose license is suspended or revoked, shall have the right to a hearing
before the Department. A written notice of a request for such a hearing
shall be served upon the Department within 20 days of such refusal of a
permit to construct or alter or refusal of a license or suspension or
revocation thereof. The Director shall give written notice of such
decision, by registered mail, to the park operator or the applicant, as the
case may be, within 5 days of such refusal, suspension or revocation.
The hearing shall be conducted by the Director, or a duly qualified
employee of the Department designated in writing by the Director as a
The Director or Hearing Officer may compel by subpoena or subpoena duces
tecum the attendance and testimony of witnesses and the production of books
and papers, and administer oaths to witnesses. The hearing shall be
conducted at such place as designated by the Department, except that
hearings concerning the establishment, operation or licensing of a park in
a county of 1,000,000 or more inhabitants shall be conducted in such
county. The Director shall give written notice of the time and place of
hearing, by registered mail, to the park operator or license applicant, as
the case may be, at least 10 days prior to such hearing.
The Director or Hearing Officer shall permit the applicant or licensee
to appear in person and to be represented by counsel at the hearing at
which time the applicant or licensee shall be afforded an opportunity to
present all relevant matter in support of his application for license or
renewal of license or in resisting the revocation thereof.
In the event of the inability of any party, or the Department, to
procure the attendance of witnesses to give testimony or produce books and
papers, such party or the Department may take the deposition of witnesses
in accordance with the law pertaining to the taking of depositions in
civil cases in the circuit courts of this State.
All testimony taken at a hearing shall be reduced to writing, and all such testimony and
other evidence introduced at the hearing shall constitute a part
of the record of the hearing.
The Director shall make findings of fact in such hearing, and the
Director shall render his or her decision within 30 days after the termination
of the hearing, unless additional time is required by him or her for
a proper disposition of the matter. When the hearing
has been conducted by a Hearing
Officer, the Director shall review the record before rendering a decision.
It shall be the duty of the Director to forward a copy of his or her
decision, by registered mail, to the park operator or applicant, as the case may be,
within 5 days of rendering such decision.
Technical errors in the proceeding before the Director or Hearing
Officer or their failure to observe the technical rules of evidence shall
not constitute grounds for the reversal of any administrative decision
unless it appears to the court that such error or failure materially
affects the rights of any party and results in substantial injustice to
All subpoenas issued by the Director or Hearing Officer may be served as
provided for in civil actions. The fees of witnesses for
attendance and travel shall be the same as the fees for witnesses before
the Circuit Court and shall be paid by the party to such proceeding at whose request the
subpoena is issued. If such subpoena is issued at the request of the
Department, the witness fee shall be paid as an administrative expense.
In cases of refusal of a witness to attend or testify, or to produce
books or papers, concerning any matter upon which he might be lawfully
examined, the Circuit Court of the county wherein the hearing is held, upon
application of any party to the proceeding, may compel
obedience by proceeding for contempt as in cases of a like refusal to obey
a similar order of the Court.
The Department shall not be required to certify any record or file any
answer or otherwise appear in any proceeding for judicial review unless the
party filing the complaint deposits with the clerk of the court the sum of
95 cents per page representing costs of such certification. Failure on the
part of the plaintiff to make such deposit shall be grounds for dismissal
of the action.
(Source: P.A. 83-334.)