(210 ILCS 35/12)
(from Ch. 111 1/2, par. 4192)
Right to hearing.
(1) No license may be denied or revoked
unless the applicant or licensee is given written notice of the grounds
for the Department's action. The applicant or licensee may appeal the Department's
proposed action within 15 days after receipt of the Department's written
notice by making written request to the Department for a hearing. Notice
of the time, place, and nature of the hearing shall be given to the applicant
or licensee not less than 2 weeks prior to the date of the hearing. The
hearing shall proceed, and the notice shall be delivered, in accordance
with "The Illinois Administrative Procedure Act", approved September 22,
1975, as now or hereafter amended. The Director may appoint a hearing examiner
to preside at any administrative hearing under this Act.
(2) If the applicant or licensee does not submit a request for a hearing
as provided for in this Section, or if after conducting the hearing the
Department determines that the license should not be issued, or that the
license should be revoked or denied, the Department shall issue an order
to that effect. If the order is to revoke the license, it shall
specify that the order takes effect upon receipt by the licensee, and that
the Community Living Facility shall not operate during the pendency of any
proceeding for judicial review of the Department's decision, except under court order.
(3) Final administrative decisions shall be subject to judicial
review exclusively as provided in the Administrative Review Law, as now
or hereafter amended, except that any petition for judicial review of Department
action under this Act shall be filed within 15 days after receipt of notice
of the final agency determination. The term "administrative
decision" has the meaning ascribed to it in Section 3-101 of the Code of
Civil Procedure. The court may
stay enforcement of the Department's final decision
if a showing is made that there is a substantial probability that the party
seeking review will prevail on the merits and will suffer irreparable harm
if the stay is not granted, and that the facility will meet the requirements
of this Act and the rules and regulations promulgated under this Act during such stay.
(4) 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.
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 or
by a person proceeding in forma pauperis the witness fee shall be paid by
the Department as an administrative expense.
(Source: P.A. 82-783.)