Section 422.120  Disciplinary Action by the Agency

a)         The Agency may act to suspend or revoke a person's license, may issue a civil penalty, or may issue a civil penalty in addition to suspending or revoking a person's license for any one or a combination of the following causes:

1)         Knowingly causing a material misstatement or misrepresentation to be made in the application for a license, if such misstatement or misrepresentation would impair the Agency's ability to assess and evaluate the applicant's qualifications for a license pursuant to this Part, such as a misstatement or misrepresentation regarding training or experience;

2)         Willfully evading the statute or regulations pertaining to a license, or willfully aiding another person in evading the statute or regulations pertaining to a license;

3)         Having been convicted in any state of a crime that is a felony under the laws of this State or having been convicted of a felony in a federal court, unless such individual demonstrates to the Agency that he/she has been sufficiently rehabilitated, by restoration of all civil rights, to warrant the public trust;

4)         Misrepresenting the capabilities of a device for detecting and measuring radon or radon progeny or misrepresenting the results of a test to detect or measure radon or radon progeny;

5)         Gross and willful overcharging for professional services, including filing false statements for collection of fees or moneys for which services are not rendered; and

6)         A finding by the Department that the licensee, after having his or her license placed on probationary status, has violated the terms of probation.

b)         If, based upon any of the grounds in subsection (a) of this Section, disciplinary action is initiated, the Agency shall notify the person and shall provide an opportunity for a hearing in accordance with 32 Ill. Adm. Code 200.60.  An opportunity for a hearing shall be provided before the Agency takes action to suspend or revoke a person's license.

c)         Suspension of a license shall be for up to 1 year in time.  The term of suspension shall be reduced by the Director, upon the recommendation of the hearing officer, if the hearing officer finds, based upon evidence presented to him/her at a hearing, and the Director concurs, that the conditions leading to the Preliminary Order for Suspension have been cured in less than 1 year. However, if the Agency finds that the causes are of a serious or continuous nature, such as past actions which posed an immediate threat to public health or safety, deficiencies that cannot be cured within 1 year or frequent child support arrearages, the Agency shall revoke the person's license.

d)         The Director may summarily suspend the license of a licensee without a hearing, simultaneously with the institution of proceedings for a hearing, if the Director finds that evidence in his or her possession indicates that continuation of the contractor in practice would constitute an imminent danger to the public.  If the Director summarily suspends a license without a hearing, a hearing by the Agency shall be held within 30 days after the suspension has occurred and shall be concluded without appreciable delay. [420 ILCS 44/50]  The hearing shall be held in accordance with 32 Ill. Adm. Code 200.

e)         When a person's license is suspended or revoked, the person shall surrender the license to the Agency and cease licensed activities.

f)          A person whose license has been revoked may seek reinstatement of the license by filing with the Agency a petition for reinstatement.  Such petition may be filed after the beginning of the revocation period.  The person shall be afforded a hearing in accordance with 32 Ill. Adm. Code 200 and shall bear the burden of proof of establishing that the license should be reinstated due to rehabilitation.

g)         A person who violates any provisions of this Part shall be guilty of a business offense and shall be assessed a penalty in accordance with Section 35 of the Act.

(Source:  Amended at 29 Ill. Reg. 3212, effective February 22, 2005)