(225 ILCS 317/65)
Notice; suspension, revocation, or refusal to renew a license.
(a) Whenever the State Fire Marshal determines that there are reasonable
grounds to believe
that a licensee has violated a provision of this Act or the rules adopted
under this Act, the
State Fire Marshal shall give notice of the alleged violation to the person
whom the license was
issued. The notice shall (i)
be in writing; (ii) include a statement of the
alleged violation which
necessitates issuance of the notice; (iii) contain an outline of remedial
action that, if taken, will
effect compliance with the provisions of this Act and the rules adopted under
this Act; (iv)
prescribe a reasonable time, as determined by the State Fire Marshal, for the
performance of any
action required by the notice; and (v) be served upon the licensee. The
notice shall be deemed to
have been properly served upon the person when a copy of the notice has been
sent by registered or
certified mail to his or her last known address as furnished to the State Fire Marshal or when he or
she has been served the notice by any other method authorized by law.
(b) If the person to whom the notice is served does not comply with the terms of the notice
within the time limitations specified in the notice, the State Fire Marshal may proceed with action
to suspend, revoke, or refuse to issue a license as provided in this Section.
(c) Other requirements of this Act notwithstanding, when the State Fire
determines that reasonable grounds exist to indicate that a violation of this
Act has been committed
and the violation is the third separate violation by that person in an 18-month
period, the notice
requirement of subsection (a) of this Section is waived and the State Fire
Marshal may proceed
immediately with action to suspend, revoke, or refuse to issue a license.
(d) In any proceeding to suspend, revoke, or refuse to issue a license, the
State Fire Marshal
shall first serve or cause to be served upon the licensee a written notice of
the State Fire
Marshal's intent to take action. The notice shall specify the way in which the
person has failed to
comply with this Act or any other rules or standards of the State Fire Marshal.
(e) In the case of revocation or suspension, the notice shall require the person to remove or
abate the violation or objectionable condition specified in the notice within 5
days. The State Fire
Marshal may specify a longer period of time as it deems necessary. If the
person fails to comply
with the terms and conditions of the revocation or suspension notice within the
time specified by the
State Fire Marshal, the State Fire Marshal may revoke or suspend the license.
(f) In the case of refusal to issue a license, if the person fails to comply
with the Act or
rules or standards promulgated under the Act, the State Fire Marshal may refuse
to issue a license.
(Source: P.A. 92-871, eff. 1-3-03.)