(225 ILCS 50/4)
(from Ch. 111, par. 7404)
(Section scheduled to be repealed on January 1, 2026)
Disclosure; waiver; complaints; insurance.
instrument dispenser shall give at no charge to every person fitted
and sold a hearing instrument the "User Instructional Brochure",
supplied by the hearing instrument manufacturer containing
information required by
the U.S. Food and Drug Administration.
Whenever a sale or service of one or more hearing instrument
or more is made or contracted to be made, whether under a single contract
or under multiple contracts, at the time of the transaction, the hearing
instrument dispenser shall furnish the consumer with a fully
completed receipt or contract pertaining to that transaction, in
substantially the same language as that used in the oral presentation to
the consumer. The receipt or contract
provided to the consumer
shall contain the dispenser's name,
license number, business address, business phone number, and
signature; the name, address, and signature of the hearing instrument consumer;
and the name and signature of the purchaser if the
consumer and the purchaser are not the same; the hearing instrument
manufacturer's name, and the model and serial numbers; the date of purchase;
charges required to complete the terms of the sale fully and clearly
stated. When the hearing instrument is delivered to the consumer
or purchaser, the serial number shall be
written on the original receipt or contract and a copy shall be given to the
consumer or purchaser. If a used hearing instrument is sold, the
receipt and the container thereof shall be clearly marked as "used" or
"reconditioned", whichever is applicable, with terms of guarantee, if any.
All hearing instruments offered for sale must be accompanied
by a 30-business day return privilege. The receipt or contract
provided to the consumer
consumer has a right to return the hearing instrument for a refund within 30
days of the date of delivery. If a nonrefundable dispensing fee or restocking
fee, or both, will be withheld from the consumer in event of return, the terms
must be clearly stated on the receipt or contract provided to the consumer.
A hearing instrument dispenser shall not sell a
hearing instrument unless the prospective
user has presented to the hearing instrument dispenser
a written statement, signed by a licensed physician, which states
that the patient's hearing loss has been medically evaluated and the
patient is considered a candidate for a hearing instrument. The medical
evaluation must have taken place within the 6 months
immediately preceding the
date of the sale of the hearing instrument to the prospective hearing
If the prospective hearing instrument
user is 18 years of age or older, the hearing instrument dispenser
may afford the prospective user an opportunity to waive the medical
evaluation required by this Section, provided that the
hearing instrument dispenser:
(i) Informs the prospective user that the exercise of
a waiver is not in the user's best health interest;
(ii) Does not in any way actively encourage the
prospective user to waive the medical evaluation; and
(iii) Affords the prospective user the option to sign
"I have been advised by .................(hearing
instrument dispenser's name) that the Food and Drug Administration has determined that my best interest would be served if I had a medical evaluation by a licensed physician (preferably a physician who specializes in diseases of the ear) before purchasing a hearing instrument. I do not wish a medical evaluation before purchasing a hearing instrument."
The hearing instrument dispenser or his or her employer shall
retain proof of the medical examination or the waiver for
years from the date of the sale.
If the parent or guardian of any individual under the age of 18 years is
a member of any church or religious denomination, whose tenets and practices
include reliance upon spiritual means through prayer alone and objects to
medical treatment and so states in writing to the hearing instrument dispenser,
such individual shall undergo a hearing examination as provided by this
Section but no proof, ruling out any medically treatable problem causing
hearing loss, shall be required.
All persons licensed under this Act shall have conspicuously displayed
in their business establishment a sign indicating that formal complaints
regarding hearing instrument goods or services may be made to the
Such sign shall give the address and telephone number of the Department.
All persons purchasing
hearing instruments shall be provided with a written statement
formal complaints regarding hearing instrument goods or services
may be made to
the Department and disclosing the address and telephone
number of the
Any person wishing to make a complaint, against a hearing instrument
under this Act, shall file it with the Department within 3 years from the
date of the action upon which the complaint is based. The Department shall
investigate all such complaints.
All persons licensed under this Act shall maintain liability insurance
as set forth by rule and shall be responsible for the annual calibration
of all audiometers in use by such persons. Such annual calibrations shall be
in conformance with the current standards set by American National Standard
(Source: P.A. 91-932, eff. 1-1-01
(225 ILCS 50/6)
(from Ch. 111, par. 7406)
(Section scheduled to be repealed on January 1, 2026)
Mail order and Internet sales.
Nothing in this Act shall prohibit
a corporation, partnership,
trust, association, or other organization, maintaining an established
address, from engaging in the business of selling or offering for sale hearing
instruments at retail by mail or by Internet to persons 18 years of age or older
who have not
by a licensed physician or tested by a licensed hearing instrument
dispenser provided that:
(a) The organization is registered by the Department prior
in business in this State and has paid the fee set forth in
(b) The organization files with the Department, prior to
and annually thereafter, a Disclosure Statement containing the following:
(1) the name under which the organization is doing or
intends to do business and the name of any affiliated company which the organization recommends or will recommend to persons as a supplier of goods or services or in connection with other business transactions of the organization;
(2) the organization's principal business address and
the name and address of its agent in this State authorized to receive service of process;
(3) the business form of the organization, whether
corporate, partnership, or otherwise and the state or other sovereign power under which the organization is organized;
(4) the names of the directors or persons performing
similar functions and names and addresses of the chief executive officer, and the financial, accounting, sales, and other principal executive officers, if the organization is a corporation, association, or other similar entity; of all general partners, if the organization is a partnership; and of the owner, if the organization is a sole proprietorship, together with a statement of the business background during the past 5 years for each such person;
(5) a statement as to whether the organization or any
person identified in the disclosure statement:
(i) has during the 5 year period immediately
preceding the date of the disclosure statement been convicted of a felony, pleaded nolo contendere to a felony charge, or been held liable in a civil action by final judgment, if such felony or civil action involved fraud, embezzlement, or misappropriation of property, and a description thereof; or
(ii) is subject to any currently effective
injunctive or restrictive order as a result of a proceeding or pending action brought by any government agency or department, and a description thereof; or
(iii) is a defendant in any pending criminal or
material civil action relating to fraud, embezzlement, misappropriation of property or violations of the antitrust or trade regulation laws of the United States or any state, and a description thereof; or
(iv) has during the 5 year period immediately
preceding the date of the disclosure statement had entered against such person or organization a final judgment in any material civil proceeding, and a description thereof; or
(v) has during the 5 year period immediately
preceding the date of the disclosure statement been adjudicated a bankrupt or reorganized due to insolvency or was a principal executive officer or general partner of any company that has been adjudicated a bankrupt or reorganized due to insolvency during such 5 year period, and a description thereof;
(6) the length of time the organization and any
predecessor of the organization has conducted a business dealing with hearing instrument goods or services;
(7) a financial statement of the organization as of
the close of the most recent fiscal year of the organization. If the financial statement is filed later than 120 days following the close of the fiscal year of the organization it must be accompanied by a statement of the organization of any material changes in the financial condition of the organization;
(8) a general description of the business, including
without limitation a description of the goods, training programs, supervision, advertising, promotion and other services provided by the organization;
(9) a statement of any compensation or other benefit
given or promised to a public figure arising, in whole or in part, from (i) the use of the public figure in the name or symbol of the organization or (ii) the endorsement or recommendation of the organization by the public figure in advertisements;
(10) a statement setting forth such additional
information and such comments and explanations relative to the information contained in the disclosure statement as the organization may desire to present.
(b-5) If a device being sold does not meet the definition of a hearing instrument or hearing device as stated in this Act, the organization shall include a disclaimer in all written or electronic promotions. The disclaimer shall include the following language:
"This is not a hearing instrument or hearing aid as
defined in the Hearing Instrument Consumer Protection Act, but a personal amplifier and not intended to replace a properly fitted and calibrated hearing instrument.".
(c) The organization files with the Department prior to
and annually thereafter a statement that it complies with
the Act, the rules
issued pursuant to it, and the regulations of the Federal Food and Drug
Administration and the Federal Trade Commission insofar as they are applicable.
(d) The organization files with the Department at the time
registration an irrevocable consent to service of process authorizing the
Department and any of its successors to be served any notice, process, or
pleading in any action or proceeding against the organization
of or in connection with any violation of this Act. Such service shall
have the effect of conferring personal jurisdiction over such organization
in any court of competent jurisdiction.
(e) Before dispensing a hearing instrument to a resident
of this State, the organization informs the prospective users that they
need the following for proper fitting of a hearing instrument:
(1) the results of an audiogram performed within the
past 6 months by a licensed audiologist or a licensed hearing instrument dispenser; and
(2) an earmold impression obtained from the
prospective user and taken by a licensed hearing instrument dispenser or licensed audiologist.
(f) The prospective user receives a medical evaluation or
the organization affords the prospective user an opportunity
to waive the medical
evaluation requirement of Section 4 of this Act and the testing requirement of
subsection (z) of Section 18, provided that
(1) informs the prospective user that the exercise of
the waiver is not in the user's best health interest;
(2) does not in any way actively encourage the
prospective user to waive the medical evaluation or test; and
(3) affords the prospective user the option to sign
"I have been advised by .......... (hearing
instrument dispenser's name) that the Food and Drug Administration and the State of Illinois have determined that my best interest would be served if I had a medical evaluation by a licensed physician, preferably a physician who specialized in diseases of the ear, before purchasing a hearing instrument; or a test by a licensed audiologist or licensed hearing instrument dispenser utilizing established procedures and instrumentation in the fitting of hearing instruments. I do not wish either a medical evaluation or test before purchasing a hearing instrument."
(g) Where a sale, lease, or rental of hearing instruments is sold or contracted
to be sold to a consumer by mail order, the consumer may
void the contract or sale by notifying the seller within
45 business days following that day on which the hearing
instruments were mailed by the seller to the consumer and by
returning to the seller in its original condition any hearing
delivered to the consumer under the contract or sale.
At the time the hearing instrument is
mailed, the seller shall furnish the consumer
with a fully completed receipt or copy of any contract pertaining to the
sale that contains a "Notice of Cancellation" informing the
consumer that he or she
may cancel the sale at any time within 45 business days and
date of the mailing and the name,
address, and telephone number
of the seller. In immediate proximity to the space reserved in the
for the signature of the consumer, or on the front page of the receipt if
a contract is not used, and in bold face type of a minimum size of 10
points, there shall be
a statement in substantially the following form:
"You, the buyer, may cancel this transaction at any
time prior to midnight of the 45th business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right."
Attached to the receipt or contract shall be a completed form in
captioned "NOTICE OF CANCELLATION" which shall be easily detachable and
which shall contain in at least 10 point bold face type the following
and statements in the same language as that used in the contract:
"NOTICE OF CANCELLATION
enter date of transaction
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN
45 BUSINESS DAYS FROM THE ABOVE DATE.
IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER
THE CONTRACT OR SALE LESS ANY NONREFUNDABLE RESTOCKING FEE, AND ANY
INSTRUMENT EXECUTED BY YOU WILL
BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR
NOTICE AND ALL MERCHANDISE
PERTAINING TO THIS TRANSACTION,
AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION
WILL BE CANCELLED.
IF YOU CANCEL, YOU MUST RETURN TO THE SELLER,
IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED
TO YOU UNDER THIS CONTRACT OR SALE.
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED
AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM, TO (name of seller), AT (address of seller's place of business) AND (seller's telephone number) NO LATER THAN MIDNIGHT OF ...........(date).
I HEREBY CANCEL THIS TRANSACTION.
The written "Notice of Cancellation" may be sent by the consumer
seller to cancel the contract. The 45-day period
does not commence until the consumer is furnished the Notice
the address and phone number at which such notice to the seller can be given.
If the conditions of this Section are met, the seller must return to the
consumer the amount of any payment
made or consideration given under
the contract or for the merchandise less a nonrefundable
It is an unlawful practice
for a seller to: (1) hold a consumer responsible for any liability or
obligation under any mail order transaction if the consumer claims not to have
received the merchandise unless the merchandise was sent by certified mail or
other delivery method by which the seller is provided with proof of delivery; (2) fail,
furnishing copies of the "Notice of Cancellation" to the
consumer, to complete both copies by entering the name of the seller, the
address of the seller's place of business, the seller's telephone number,
the date of the mailing, and the date, not earlier
than the 45th
day following the date of the mailing, by which the
consumer may give notice
of cancellation; (3) include in any contract or receipt any
judgment or any waiver of any of the rights to which the consumer is entitled
under this Section including specifically his right to cancel the
sale in accordance with the provisions of this Section; (4)
in any manner the consumer's right to cancel; (5) use any undue
coercion, or any other wilful act or representation to interfere with the
consumer's exercise of his rights under this Section; (6) fail or
to honor any valid notice of
cancellation and return of
by a consumer and, within 10
days after the receipt of such
notice and merchandise
pertaining to such transaction,
to (i) refund payments made
the contract or sale, (ii) return any goods or property traded in, in
substantially as good condition as when received by the person, (iii)
cancel and return any negotiable instrument executed by the consumer in
connection with the contract or sale and take any action necessary or
appropriate to terminate promptly any security interest created in the
transaction; (7) negotiate, transfer, sell, or assign any note or
evidence of indebtedness to a finance company or other third party prior to the 50th business day following the day of the
or (8) fail to provide the consumer of a hearing instrument with written
information stating the name, address, and telephone number of the Department
and informing the consumer that complaints regarding hearing instrument goods
or services may be made to the Department.
(h) The organization employs only licensed
instrument dispensers in the
dispensing of hearing instruments and files with the Department,
January 1 of
each year, a list of all licensed hearing instrument dispensers
employed by it.
(Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15
(225 ILCS 50/8)
(from Ch. 111, par. 7408)
(Section scheduled to be repealed on January 1, 2026)
Applicant qualifications; examination.
(a) In order to protect persons who are deaf or hard of hearing, the Department
shall authorize or shall conduct an appropriate examination, which may be the International Hearing Society's licensure examination, for persons
who dispense, test, select, recommend, fit, or service hearing
instruments. The frequency of holding these examinations shall
be determined by the Department by rule. Those
who successfully pass such an examination shall be issued a license
as a hearing instrument dispenser, which shall be effective for
a 2-year period.
(b) Applicants shall be:
(1) at least 18 years of age;
(2) of good moral character;
(3) the holder of an associate's degree or the
(4) free of contagious or infectious disease; and
(5) a citizen or person who has the status as a legal
Felony convictions of the applicant and findings against the applicant
involving matters set forth in Sections 17 and 18 shall be considered in
determining moral character, but such a conviction or finding shall not make an
applicant ineligible to register for examination.
(c) Prior to engaging in the practice of fitting, dispensing, or servicing
hearing instruments, an applicant
shall demonstrate, by means of written
and practical examinations, that such person is qualified to
practice the testing, selecting, recommending, fitting, selling, or
servicing of hearing instruments as defined in this
Act. An applicant must obtain a license within 12
months after passing either the written or practical examination, whichever is passed first, or must take and
pass those examinations again in order to be eligible to receive a license.
The Department shall, by rule, determine the conditions under which an
individual is examined.
(d) Proof of having met the minimum requirements of continuing education
as determined by the Board shall be required of all license renewals.
Pursuant to rule, the continuing education requirements may, upon petition to
be waived in whole or in part if the hearing instrument dispenser
that he or she served in the Coast Guard or Armed Forces, had an extreme
hardship, or obtained his or her license by examination or
the preceding renewal period.
(e) Persons applying for an initial
must demonstrate having earned, at a minimum, an associate degree or its equivalent from an
accredited institution of higher education that is recognized by the U.S. Department of Education or that meets the U.S. Department of Education equivalency as determined through a National Association of Credential Evaluation Services (NACES) member, and meet the other requirements of
this Section. In addition, the applicant must demonstrate the successful
completion of (1) 12 semester hours or 18 quarter hours of academic undergraduate
course work in an accredited institution consisting of 3 semester hours of
anatomy and physiology of the hearing mechanism, 3 semester hours of
hearing science, 3 semester hours of introduction to audiology, and 3 semester
hours of aural rehabilitation, or the quarter hour equivalent or (2) an equivalent program as determined by the Department that is consistent with the scope of practice of a hearing instrument dispenser as defined in Section 3 of this Act. Persons
licensed before January 1, 2003 who
have a valid license on that date may have their license renewed
without meeting the requirements of this subsection.
(Source: P.A. 98-827, eff. 1-1-15; 99-204, eff. 7-30-15; 99-847, eff. 8-19-16.)
(225 ILCS 50/9)
(from Ch. 111, par. 7409)
(Section scheduled to be repealed on January 1, 2026)
Areas of examination.
The examination required by Section 8
shall be set forth by rule and demonstrate the
applicant's technical qualifications by:
(a) Tests of knowledge in the following areas as they
pertain to the testing, selecting, recommending, fitting, and selling of hearing instruments:
(1) characteristics of sound;
(2) the nature of the ear; and
(3) the function and maintenance of hearing
(b) Practical tests of proficiency in techniques as
they pertain to the fitting of hearing instruments shall be prescribed by the Department, set forth by rule, and include candidate qualifications in the following areas:
(1) pure tone audiometry including air conduction
testing and bone conduction testing;
(2) live voice or recorded voice speech
audiometry, including speech reception, threshold testing and speech discrimination testing;
(4) proper selection and adaptation of a hearing
(5) taking earmold impressions;
(6) proper maintenance procedures; and
(7) a general knowledge of the medical and
physical contra-indications to the use and fitting of a hearing instrument.
(c) Knowledge of the general medical and hearing
rehabilitation facilities in the area being served.
(d) Knowledge of the provisions of this Act and the
rules promulgated hereunder.
(Source: P.A. 96-683, eff. 1-1-10
(225 ILCS 50/18)
(from Ch. 111, par. 7418)
(Section scheduled to be repealed on January 1, 2026)
Discipline by the Department.
The Department may refuse to
or renew a license
or it may revoke, suspend, place on probation, censure, fine, or reprimand
licensee for any of the following:
(a) Material misstatement in furnishing information
to the Department or to any other State or federal agency.
(b) Violations of this Act, or the rules promulgated
(c) Conviction of any crime under the laws of the
United States or any state or territory thereof which is a felony or misdemeanor, an essential element of dishonesty, or of any crime which is directly related to the practice of the profession.
(d) Making any misrepresentation for the purpose of
obtaining a license or renewing a license, including falsification of the continuing education requirement.
(e) Professional incompetence.
(g) Aiding or assisting another person in violating
any provision of this Act or the rules promulgated hereunder.
(h) Failing, within 30 days, to provide in writing
information in response to a written request made by the Department.
(i) Engaging in dishonorable, unethical, or
unprofessional conduct which is likely to deceive, defraud, or harm the public.
(j) Knowingly employing, directly or indirectly, any
suspended or unlicensed person to perform any services covered by this Act.
(k) Habitual intoxication or addiction to the use of
(l) Discipline by another state, the District of
Columbia, territory, or a foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth herein.
(m) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or association any fee, commission, rebate, or other form of compensation for any service not actually rendered. Nothing in this paragraph (m) affects any bona fide independent contractor or employment arrangements among health care professionals, health facilities, health care providers, or other entities, except as otherwise prohibited by law. Any employment arrangements may include provisions for compensation, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act. Nothing in this paragraph (m) shall be construed to require an employment arrangement to receive professional fees for services rendered.
(n) A finding by the Board that the licensee, after
having his or her license placed on probationary status, has violated the terms of probation.
(o) Willfully making or filing false records or
(p) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act.
(q) Physical illness, including, but not limited to,
deterioration through the aging process, or loss of motor skill which results in the inability to practice the profession with reasonable judgement, skill or safety.
(r) Solicitation of services or products by
advertising that is false or misleading. An advertisement is false or misleading if it:
(1) contains an intentional misrepresentation of
(2) contains a false statement as to the
licensee's professional achievements, education, skills, or qualifications in the hearing instrument dispensing profession;
(3) makes a partial disclosure of a relevant
(i) the advertisement of a discounted price
of an item without identifying in the advertisement or at the location of the item either the specific product being offered at the discounted price or the usual price of the item; and
(ii) the advertisement of the price of a
specifically identified hearing instrument if more than one hearing instrument appears in the same advertisement without an accompanying price;
(4) contains a representation that a product
innovation is new when, in fact, the product was first offered by the manufacturer to the general public in this State not less than 12 months before the date of the advertisement;
(5) contains any other representation, statement,
or claim that is inherently misleading or deceptive; or
(6) contains information that the licensee
manufactures hearing instruments at the licensee's office location unless the following statement includes a statement disclosing that the instruments are manufactured by a specified manufacturer and assembled by the licensee.
(s) Participating in subterfuge or misrepresentation
in the fitting or servicing of a hearing instrument.
(u) Representing that the service of a licensed
physician or other health professional will be used or made available in the fitting, adjustment, maintenance, or repair of hearing instruments when that is not true, or using the words "doctor", "audiologist", "clinic", "Clinical Audiologist", "Certified Hearing Aid Audiologist", "State Licensed", "State Certified", "Hearing Care Professional", "Licensed Hearing Instrument Dispenser", "Licensed Hearing Aid Dispenser", "Board Certified Hearing Instrument Specialist", "Hearing Instrument Specialist", "Licensed Audiologist", or any other term, abbreviation, or symbol which would give the impression that service is being provided by persons who are licensed or awarded a degree or title, or that the person's service who is holding the license has been recommended by a governmental agency or health provider, when such is not the case.
(v) Advertising a manufacturer's product or using a
manufacturer's name or trademark implying a relationship which does not exist.
(w) Directly or indirectly giving or offering
anything of value to any person who advises another in a professional capacity, as an inducement to influence the purchase of a product sold or offered for sale by a hearing instrument dispenser or influencing persons to refrain from dealing in the products of competitors.
(x) Conducting business while suffering from a
(y) Engaging in the fitting or sale of hearing
instruments under a name with fraudulent intent.
(z) Dispensing a hearing instrument to a person who
has not been given tests utilizing appropriate established procedures and instrumentation in the fitting of hearing instruments, except where there is the replacement of a hearing instrument, of the same make and model within one year of the dispensing of the original hearing instrument.
(aa) Unavailability or unwillingness to adequately
provide for service or repair of hearing instruments fitted and sold by the dispenser.
(bb) Violating the regulations of the Federal Food
and Drug Administration or the Federal Trade Commission as they affect hearing instruments.
(cc) Violating any provision of the Consumer Fraud
and Deceptive Business Practices Act.
(dd) Violating the Health Care Worker Self-Referral
The Department, with the approval of the Board, may impose a fine not
to exceed $1,000 plus costs for the first violation and not to
plus costs for each subsequent violation of this Act, and the rules
promulgated hereunder, on any person or entity described in this Act.
Such fine may be imposed as an alternative to any other
measure, except for probation.
The imposition by the Department of a fine for any violation does
the violation from being alleged in subsequent disciplinary
Such fines shall be deposited in the Fund.
(Source: P.A. 100-201, eff. 8-18-17.)
(225 ILCS 50/21)
(from Ch. 111, par. 7421)
(Section scheduled to be repealed on January 1, 2026)
The Department may investigate the actions of any applicant,
corporation, partnership, trust, association or other entity, or any person
holding or claiming to hold a license. The Department
shall, before refusing to issue a license or disciplining
or a corporation, partnership, trust, association or other entity,
notify, in writing, at least 10 days prior to the date set for the hearing,
the applicant for, or holder of, a license, or corporation,
partnership, trust, association or other entity. The notification shall
set forth the charges against the person, corporation, partnership,
trust, association, or other entity which form the basis for the
refusal to issue a license or the disciplinary action taken. If the
person, corporation, partnership, trust, association, or other entity
desires to contest any Department action under this Section he,
she or the corporation, partnership, trust, association, or other
entity shall send a written request for a hearing to the Department within 10
days of receipt of notice of the Department's action. If timely requested
by the person or the corporation, partnership, trust, association, or
other entity, the date of the hearing shall be set by the
Department. The hearing shall determine whether the applicant or licensee
is entitled to hold such license, and
shall afford such person an opportunity to be heard in person or by
counsel. A hearing shall also determine whether a corporation, partnership,
trust, association, or other entity is subject to disciplinary action, and
shall afford such entities an opportunity to be heard by their
representative or by counsel. Such written notice may be served by
certified or registered mail to the respondent at its last known address.
Upon receipt of a request in writing for a hearing, a duly qualified
employee of the Department designated in writing by the Director and
approved by the Board as a hearing officer shall conduct a hearing to
review the decision. Notice of the time and place of the hearing shall be
given to the person or corporation, partnership, trust, association, or
other entity at least 10 days prior to the date set for the hearing. At
the time and place fixed in the notice, the hearing officer shall hear the
charges and the parties shall be accorded opportunity to present such
statements, testimony and evidence as may be
pertinent to the charges or defenses. The hearing officer
may continue such hearing from time to time. Pursuant to rule, the Director
may conduct informal hearings, and shall so inform the Board. The Director,
Board or hearing officer may compel, by subpoena, the attendance and
testimony of witnesses and the production of books and papers and may administer oaths.
(Source: P.A. 86-800