(210 ILCS 65/55) (from Ch. 111 1/2, par. 9055)
Sec. 55.
Right to hearing.
(a) No license may be denied or revoked unless the applicant or licensee
is given written notice of the grounds for the Department's action. The
applicant or licensee may appeal the Department's proposed action within
15 days after receipt of the Department's written notice by
making a request to the Department for a hearing.
Notice of the time, place, and nature of the hearing shall be given to the
applicant or licensee not less than 2 weeks before the date of the
hearing. The hearing shall be conducted in accordance with the Illinois
Administrative Procedure Act.
The Director may appoint a hearing officer to preside
at any administrative hearing under this Act.
(b) If the applicant or licensee does not submit a request for hearing
as provided for in this Section, or if after conducting the hearing the
Department determines that the license should not be issued or that the
license should be revoked or denied, the Department shall issue an order to
that effect. If the order is to revoke the license, it shall specify that
the order takes effect upon receipt by the licensee and that the
Supportive Residence shall not operate during the pendency of any
proceeding for judicial review of the Department's decision, except under court
order.
(c) Final administrative decisions shall be subject to judicial review
exclusively as provided in the Administrative Review Law,
except that any petition for judicial
review of Department action under this Act shall be filed within
15 days after receipt of notice of the final agency determination. The
term "administrative decision" has the meaning ascribed to it in Section
3-101 of the Administrative Review Law.
The court may stay enforcement of the Department's final decision if a
showing is made that there is a substantial probability that the party
seeking review will prevail on the merits and will suffer irreparable harm
if the stay is not granted, and that the facility will meet the
requirements of this Act and its rules and regulations
during such stay.
(d) The Director or hearing officer may compel by subpoena or subpoena
duces tecum the attendance and testimony of witnesses and the production of
books and papers, and administer oaths to witnesses.
All subpoenas issued by the Director or hearing officer may be served as
provided for in civil actions. The fees of witnesses for attendance and
travel shall be the same as the fees for witnesses before the circuit court
and shall be paid by the party to the proceeding at whose request the
subpoena is issued. If the subpoena is issued at the request of the
Department or by a person proceeding in forma pauperis, the witness fee
shall be paid by the Department as an administrative expense.
(e) The Department may charge any party to a hearing or other person
requesting copies of records or other documents for a hearing the actual
cost of reproducing those records or other documents.
(Source: P.A. 90-655, eff. 7-30-98.)
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