Illinois General Assembly - Illinois Compiled Statutes

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5 ILCS 100/10-65

(5 ILCS 100/10-65) (from Ch. 127, par. 1010-65)

Sec. 10-65.

Licenses.

(a) When any licensing is required by law to be preceded by notice and
an opportunity for a hearing, the provisions of this Act concerning
contested cases shall apply.

(b) When a licensee has made timely and sufficient application for
the renewal of a license or a new license with reference to any activity
of a continuing nature, the existing license shall continue in full
force and effect until the final agency decision on the application has
been made unless a later date is fixed by order of a reviewing court.

(c) An application for a new license
shall include the applicant's social security number, which shall be retained in the agency's records pertaining to the license. As soon as practical, an agency must assign a customer identification number to each applicant for a license that the applicant may use in place of his or her social security number on the application for a license or renewal of a license.  A licensee's social security number shall not appear on the face of his or her license. Each agency shall require
the licensee to certify on the
application form, under penalty of perjury, that he or she is not more than
30 days delinquent in complying with a child support order.  Every
application shall state that failure to so certify shall result in
disciplinary action, and that making a false statement may subject
the licensee
to contempt of court.  The agency shall notify each applicant or licensee
who
acknowledges a delinquency or who, contrary to his or her certification, is
found to be delinquent or who after receiving notice, fails to comply with a
subpoena or warrant relating to a paternity or a child support proceeding,
that the agency intends to take disciplinary
action.  Accordingly, the agency shall provide written notice of the facts
or conduct upon which the agency will rely to support its proposed action
and the applicant or licensee shall be given an opportunity for a hearing
in accordance
with the provisions of the Act concerning contested cases.  Any delinquency
in complying with a child support order can be remedied by arranging for
payment of past due and current support.  Any failure to comply with a
subpoena or warrant relating to a paternity or child support proceeding can be
remedied by complying with the subpoena or warrant.  Upon a final finding of
delinquency or failure to comply with a subpoena or warrant, the agency
shall suspend, revoke, or refuse to issue or renew the license.
In cases in which the Department of Healthcare and Family Services (formerly Department of Public Aid) has previously determined that
an applicant or a
licensee is more than 30 days delinquent in the
payment
of child support and has subsequently certified the delinquency to the
licensing agency,
and in cases in which a court has previously determined that an applicant or
licensee has
been in violation of the Non-Support Punishment Act
for more than 60 days,
the licensing agency shall refuse to issue or
renew or shall
revoke or suspend that person's license based solely upon the certification of
delinquency made
by
the Department of Healthcare and Family Services (formerly
Department of Public Aid) or the certification of violation made by the
court.  Further process, hearings, or
redetermination of the delinquency or violation by the
licensing agency shall not be required.   The licensing agency may issue or
renew a license if the licensee has arranged for payment of
past and current child support obligations in a manner satisfactory to
the
Department of Healthcare and Family Services (formerly Department of Public Aid) or the court.  The licensing agency may impose
conditions,
restrictions, or disciplinary action upon that license.

(d) Except as provided in subsection (c), no agency shall revoke,
suspend, annul, withdraw, amend
materially, or refuse to renew any valid license without first giving
written notice to the licensee of the facts or conduct upon which the
agency will rely to support its proposed action and an opportunity for
a hearing in accordance with the provisions of this Act concerning
contested cases.  At the hearing, the licensee shall have the right
to show compliance with all lawful requirements for the retention,
continuation, or renewal of the license.  If, however, the agency finds
that the public interest, safety, or welfare imperatively requires
emergency action, and if the agency incorporates a finding to that
effect in its order, summary suspension of a license may be ordered
pending proceedings for revocation or other action.  Those proceedings
shall be promptly instituted and determined.

(e) Any application for renewal of a license that contains
required and relevant information, data, material, or circumstances that
were not contained in an application for the existing license shall be
subject to the provisions of subsection (a).

(Source: P.A. 96-328, eff. 8-11-09; 97-400, eff. 1-1-12.)