(225 ILCS 447/45-10)
(Section scheduled to be repealed on January 1, 2024)
Complaints; investigations; hearings.
(a) The Department may investigate the actions of
any applicant or of any person or persons holding or claiming
to hold a license or registration under this Act.
(b) The Department shall,
before disciplining a
licensee under Section 40-10 or refusing to issue or license, at least 30 days before the date
set for the hearing, (i) notify the accused in writing of the
charges made and the time and place for the hearing on the
charges, (ii) direct him or her to file a written answer to
the charges under oath within 20 days after service, and (iii)
inform the applicant or licensee that failure to answer will
result in a default being entered against the applicant or
(c) At the time and place fixed in the notice, the Board
or the hearing officer appointed by the Secretary shall
proceed to hear the charges, and the parties or their counsel
shall be accorded ample opportunity to present any pertinent
statements, testimony, evidence, and arguments. The Board or
hearing officer may continue the hearing from time to time. In
case the person, after receiving the notice, fails to file an
answer, his or her license may, in the discretion of the
Secretary, having first received the recommendation of the
Board, be suspended, revoked, or placed on probationary
status, or be subject to whatever disciplinary action the
Secretary considers proper, including limiting the scope,
nature, or extent of the person's practice or the imposition
of a fine, without hearing, if the act or acts charged
constitute sufficient grounds for that action under this Act.
(d) The written notice and any notice in the subsequent
proceeding may be served by regular or certified mail to the
licensee's address of record.
(e) The Secretary has the authority to appoint any
attorney licensed to practice law in the State of Illinois
to serve as the hearing officer in any action for refusal
to issue, restore, or renew a license or to discipline a
licensee. The hearing officer has full authority to
conduct the hearing.
(Source: P.A. 98-253, eff. 8-9-13.)