225 ILCS 227/85

(225 ILCS 227/85)

Sec. 85.

Subpoena; production of evidence; records; administrative
review; license suspension; revocation.

(a) The Office has the power to subpoena and bring before it any
person in this State and to take testimony either orally or by deposition, or
both, with the same fees and mileage and in the same manner as is prescribed by
law for judicial proceedings in civil cases. The State Fire Marshal, the
Office, and the hearing officer approved by the Office, have the power to
administer oaths at any hearing that the Office is authorized to conduct.

(b) Any circuit court, upon the application of the licensee, the
Office, or the
State Fire Marshal, may order the attendance of witnesses and the production
of
relevant books and papers in any hearing under this Act. The court may compel
obedience to its order by proceedings for contempt.

(c) The Office of the State Fire Marshal, at its expense, shall
provide a
stenographer or a mechanical recording device to record the testimony and
preserve
a record of all proceedings at the hearing of any case in which a license may
be revoked,
suspended, placed on probationary status, or other disciplinary action taken
with regard to
the license. The notice of hearing, complaint, and all other documents in
the nature
of pleadings and written motions filed in the proceedings, the transcript of
testimony,
the report of the hearing officer and the orders of the State Fire Marshal
shall constitute
the record of the proceedings. The Office shall furnish a transcript of the
record to any
interested person upon payment of the costs of copying and transmitting
the
record.

(d) All final administrative decisions of the Office are subject to
judicial review
under the Administrative Review Law and the rules adopted under that Law.
Proceedings for judicial review shall be commenced in the circuit court of
the county
in which the party applying for review resides; but if the party is not a
resident of
Illinois, the venue is in Sangamon County. The State Fire Marshal is not
required to
certify any record to the court or file any answer in court or otherwise
appear in any
court in a judicial review proceeding, unless there is filed in the court
with the
complaint a receipt from the Office acknowledging payment of the costs of
furnishing
and certifying the record. Those costs shall be computed at the cost of
preparing the
record. Exhibits shall be certified without cost. Failure on the part of the
licensee to file
the receipt in court is a ground for dismissal of the action. During all
judicial
proceedings incident to a disciplinary action, the sanctions imposed upon the
accused by
the Office remain in effect, unless the court feels justice requires a stay of
the order.

(e) An order of revocation, suspension, placing the license on
probationary
status, or other formal disciplinary action as the State Fire Marshal may
consider
proper, or a certified copy of the order over the seal of the Office and
purporting to be
signed by the State Fire Marshal, is prima facie proof that:

(1) the signature is that of the State Fire Marshal;

(2) the State Fire Marshal is qualified to act; and

(3) the hearing officer is qualified to act on behalf