100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0530

 

Introduced , by Rep. Margo McDermed

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 450/20.1  from Ch. 111, par. 5522

    Amends the Illinois Public Accounting Act. Provides that when a licensee under the Act has failed to satisfactorily complete a peer review, the licensee may provide additional evidence in his or her favor. Requires the Department of Financial and Professional Regulation to review that evidence, if it is provided, in addition to the rest of the record presented. Effective immediately.


LRB100 06284 SMS 16321 b

 

 

A BILL FOR

 

HB0530LRB100 06284 SMS 16321 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Accounting Act is amended by
5changing Section 20.1 as follows:
 
6    (225 ILCS 450/20.1)  (from Ch. 111, par. 5522)
7    (Section scheduled to be repealed on January 1, 2024)
8    Sec. 20.1. Investigations; notice; hearing.
9    (a) The Department may investigate the actions of an
10applicant, person, or entity holding or claiming to hold a
11license.
12    (b) The Department shall, before revoking, suspending,
13placing on probation, reprimanding, or taking any other
14disciplinary or non-disciplinary action under Section 20.01 of
15this Act, at least 30 days before the date set for the hearing,
16(i) notify the accused in writing of the charges made and the
17time and place for the hearing on the charges, (ii) direct him
18or her to file a written answer to the charges with the
19Department under oath within 20 days after the service on him
20or her of the notice, and (iii) inform the accused that, if he
21or she fails to answer, default shall be taken against him or
22her or that his or her license or registration may be
23suspended, revoked, placed on probationary status, or other

 

 

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1disciplinary action taken with regard to the licensee,
2including limiting the scope, nature, or extent of his or her
3practice, as the Department may consider proper.
4    (c) With respect to determinations by a Peer Review
5Administrator duly appointed by the Department under
6subsection (f) of Section 16 of this Act that a licensee has
7failed to satisfactorily complete a peer review as required
8under subsection (e) of Section 16, the Department may consider
9the Peer Review Administrator's findings of fact as prima facie
10evidence, and upon request by a licensee for a hearing the
11Department shall review the record presented and hear arguments
12by the licensee or the licensee's counsel but need not conduct
13a trial or hearing de novo or accept additional evidence. A
14licensee may provide additional evidence in his or her favor.
15If the licensee provides additional evidence, the Department
16shall review that evidence in addition to the rest of the
17record presented.
18    (d) At the time and place fixed in the notice, the
19Department shall proceed to hear the charges and the parties or
20their counsel shall be accorded ample opportunity to present
21any pertinent statements, testimony, evidence, and arguments.
22The Department may continue the hearing from time to time.
23    (e) In case the person, after receiving the notice, fails
24to file an answer, his or her license or registration may, in
25the discretion of the Department, be suspended, revoked, placed
26on probationary status, or the Department may take whatever

 

 

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1disciplinary action considered proper, including limiting the
2scope, nature, or extent of the person's practice or the
3imposition of a fine, without a hearing, if the act or acts
4charged constitute sufficient grounds for that action under
5this Act. The written notice may be served by registered or
6certified mail to the licensee or registrant's address of
7record.
8(Source: P.A. 98-254, eff. 8-9-13.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.