TITLE 32: ENERGY
CHAPTER II: ILLINOIS EMERGENCY MANAGEMENT AGENCY
SUBCHAPTER a: ADMINISTRATIVE HEARING RULES
PART 200 ADMINISTRATIVE HEARINGS
SECTION 200.60 PRELIMINARY ORDER AND NOTICE OF OPPORTUNITY FOR HEARING


 

Section 200.60  Preliminary Order and Notice of Opportunity for Hearing

 

a)         In the event that a person has violated or is alleged to have violated the statutes, regulations or terms of licensure or accreditation, the Agency shall commence administrative proceedings by the service of a Preliminary Order and Notice of Opportunity for Hearing upon the Respondent.

 

b)         The Preliminary Order and Notice of Opportunity for Hearing shall contain:

 

1)         A statement of the legal authority and jurisdiction under which a hearing would be held;

 

2)         A reference to the provisions of the statutes, regulations or terms of licensure or accreditation involved;

 

3)         A short and plain statement of the matters asserted, including dates, location, events, nature, extent, and duration, to advise the Respondent of the extent and nature of the alleged violations;

 

4)         A statement of the right to request a hearing and the date that a request for a hearing is to be submitted to the Agency, which shall be at least 10 days from the date of the Preliminary Order;

 

5)         The time, date and location when the hearing will be held, if one is requested; and

 

6)         A statement of the actions that will be taken by the Agency in the event that a hearing is not requested by the Respondent.

 

(Source:  Amended at 33 Ill. Reg. 14137, effective September 28, 2009)