Section 106.710  Notice of Hearing

a)         The Clerk will assign a docket number to each statement of deficiency filed.  Any hearing will be held not later than 60 days after the respondent files the answer, subject to any extensions ordered under subsection (c) of this Section.

b)         The Chairman of the Board will designate a hearing officer and the Clerk will notify the parties of the designation.  The hearing officer may be a Member of the Board if otherwise qualified.

c)         The hearing officer, after reasonable efforts to consult with the parties, will set a time and place for hearing.  The Board or the hearing officer may extend the time for hearing if all parties agree or there are extreme and unanticipated or uncontrollable circumstances that warrant a delay.  The Board or the hearing officer may delay the hearing more than once.  In each event, the Board or the hearing officer will not delay the hearing for more than 30 days.

d)         The hearing will be held in the county in which the pilot project is located, or in another county that the hearing officer designates for cause.

e)         The hearing officer or the Clerk will give notice of the hearing, at least 30 days before the hearing, to the parties under Section 106.708(b) of this Subpart, and to the public by public advertisement in a newspaper of general circulation in the county in which the pilot project is located.

f)          The Agency must give notice of each statement of deficiency and hearing under Section 106.708(b) of this Part at least 10 days before the hearing to:

1)         All stakeholders named or listed in the EMSA; and

2)         Any person who submitted written comments on the respondent's EMSA or participated in the public hearing on the respondent's EMSA by signing an attendance sheet or signature card under the procedures set forth in 35 Ill. Adm. Code 187.404, if less than 100 persons attended the public hearing on the respondent's EMSA as indicated by signatures on the attendance sheet or signature cards.

g)         Failure to comply with this Section is not a defense to an involuntary termination proceeding under this Subpart, but the hearing officer may postpone the hearing upon the motion of any person prejudiced by a failure to comply with this Section.