(225 ILCS 320/19)
(from Ch. 111, par. 1118)
The Director, after notice and opportunity for hearing to the
applicant, license holder, or registrant, may deny, suspend, or
license or registration in any case in which he or she finds that there has
substantial failure to comply with the provisions of this Act or the
standards, rules, and regulations established under this Act.
Notice shall be provided by certified mail or by personal service
setting forth the particular reasons for the proposed action and fixing a
date, not less than 20 days from the date of the mailing or service, within
which time the applicant or license holder must request in
writing a hearing. Failure to serve upon the Department a request for
hearing in writing within the time provided in the notice shall constitute
a waiver of the person's right to an administrative hearing.
The hearing shall be conducted by the Director or by an individual
designated in writing by the Director as a hearing officer to conduct the
hearing. The Director or hearing officer shall give written notice of the
time and place of the hearing, by certified mail or personal service, to
the applicant, license holder, or registrant at least 10 days prior
to the hearing. On
the basis of the hearing, or upon default of the applicant, license
holder, or registrant, the Director shall make a determination specifying
his or her
findings and conclusions. A copy of the determination shall be sent by
certified mail or served personally upon the applicant, license
holder, or registrant.
The decision of the Director shall be final on issues of fact and final in
all respects unless judicial review is sought as provided in this Act.
The procedure governing hearings authorized by this Section shall be in
accordance with rules promulgated by the Department. A full and complete
record shall be kept of all proceedings, including the notice of hearing,
complaint, and all other documents in the nature of pleadings, written
motions filed in the proceedings, and the report and orders of the Director
and hearing officer.
The Department at its expense shall provide a court reporter to take
testimony. Technical error in the proceedings before the Department or
hearing officer or their failure to observe the technical rules of evidence
shall not be 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 them.
The Department or hearing officer, or any parties in an investigation
or hearing before the Department, may cause the depositions of witnesses
within the State to be taken in the manner prescribed by law for
depositions in civil actions in courts of this State, and
compel the attendance of witnesses and the production of books, papers,
records, or memoranda.
The Department shall not be required to certify any record to the
Court or file any answer in Court or otherwise appear in any Court in a
judicial review proceeding, unless there is filed in the Court with the
complaint a receipt from the Department acknowledging payment of the costs
of furnishing and certifying the record. Such cost shall be paid by the
party requesting a copy of the record. Failure on the part of the person
requesting a copy of the record to pay the cost shall be grounds for dismissal
of the action.
(Source: P.A. 91-678, eff. 1-26-00.)