The notice required to fine a licensee or suspend or revoke a license under this Section shall state (i) the specific nature and a clear and concise description of the violation; (ii) the Sections of this Act or rules that have been violated; (iii) the contemplated fine or action; (iv) that the licensee may, within 15 business days from the date of the notice, request a hearing pursuant to Section 22.01 of this Act; (v) that the licensee may, within 15 business days after the notice, take corrective action to mitigate any fine or contemplated action; and (vi) the specific corrective action to be taken.
Consistent with the provisions of this Act, the Secretary may, after weighing any harm to the public, the seriousness of the offense, and the history of the licensee, fine a licensee an amount graduated up to $1,000 per violation.
No license shall be revoked until the licensee has had notice of a hearing on the proposed revocation and an opportunity to be heard. The Secretary shall send a copy of the order, finding, or decision of revocation by United States mail, or by email or facsimile transmission, if such other method is previously designated by the licensee, to the licensee at the address set forth in the license or to such other email address or facsimile transmission phone number previously designated by the licensee, within 5 days after the order or decision is entered. A review of any such order, finding, or decision is available under Section 22.01 of this Act.
The Secretary may fine, suspend or revoke only the particular license or licenses for
particular places of business or locations with respect to which grounds
for revocation may occur or exist; except that if he shall find that
such grounds for revocation are of general application to all places of
business or locations, or that such grounds for fines, suspension or revocation
have occurred
or exist with respect to a substantial number of places of business or
locations, he may fine, suspend or revoke all of the licenses issued to such licensee.
An order assessing a fine, an order revoking or suspending a license, or an order denying renewal of a license shall take effect on service of the order unless the licensee requests a hearing pursuant to this Section. If the licensee requests a hearing, the Secretary shall schedule a hearing within 30 days after the request for a hearing unless otherwise agreed to by the parties. The hearing shall be held at the time and place designated by the Secretary.
The Secretary and any administrative law judge designated by him or her shall have the power to administer oaths and affirmations, subpoena witnesses and compel their attendance, take evidence, and require the production of books, papers, correspondence, and other records or information that he or she considers relevant or material to the inquiry.
In case of contumacy or refusal of a witness to obey a subpoena, any circuit court of this State whose jurisdiction encompasses where the hearing is located may issue an order requiring such witness to appear before the Secretary or the hearing officer, to produce documentary evidence, or to give testimony touching the matter in question; and the court may punish any failures to obey such orders of the court as contempt.
A licensee may surrender any license by delivering to the Secretary
written notice that he, they or it thereby surrenders such license, but
such surrender shall not affect such licensee's civil or criminal
liability for acts committed prior to such surrender, or affect the
liability on his, their or its bond or bonds, or his, their or its
policy or policies of insurance, required by this Act, or entitle such
licensee to a return of any part of the annual license fee or fees.
Every license issued hereunder shall remain in force until the same
shall expire, or shall have been surrendered, suspended or revoked in accordance
with this Act, but the Secretary may on his own motion, issue new
licenses to a licensee whose license or licenses shall have been revoked
if no fact or condition then exists which clearly would have warranted
the Secretary in refusing originally the issuance of such license under
this Act.
(Source: P.A. 99-445, eff. 1-1-16.)
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