Illinois General Assembly - Illinois Compiled Statutes

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225 ILCS 10/9

(225 ILCS 10/9) (from Ch. 23, par. 2219)

(Text of Section before amendment by P.A. 103-594)

Sec. 9.

Prior to revocation or refusal to renew a license, the Department shall
notify the licensee by registered mail with postage prepaid, at the address
specified on the license, or at the address of the ranking or presiding
officer of a board of directors, or any equivalent body conducting a child
care facility, of the contemplated action and that the licensee may, within
10 days of such notification, dating from the postmark of the registered
mail, request in writing a public hearing before the Department, and, at
the same time, may request a written statement of charges from the
Department.

(a) Upon written request by the licensee, the Department shall furnish
such written statement of charges, and, at the same time, shall set the
date and place for the hearing. The charges and notice of the hearing shall
be delivered by registered mail with postage prepaid, and the hearing must
be held within 30 days, dating from the date of the postmark of the
registered mail, except that notification must be made at least 15 days in
advance of the date set for the hearing.

(b) If no request for a hearing is made within 10 days after
notification, or if the Department determines, upon holding a hearing, that
the license should be revoked or renewal denied, then the license shall be
revoked or renewal denied.

(c) Upon the hearing of proceedings in which the license is revoked,
renewal of license is refused or full license is denied, the Director of
the Department, or any officer or employee duly authorized by the Director in
writing, may administer oaths and the Department may procure, by its
subpoena, the attendance of witnesses and the production of relevant books
and papers.

(d) At the time and place designated, the Director of the Department or
the officer or employee authorized by the Director in writing, shall hear the
charges, and both the Department and the licensee shall be allowed to
present in person or by counsel such statements, testimony and evidence as
may be pertinent to the charges or to the defense thereto. The hearing
officer may continue such hearing from time to time, but not to exceed a
single period of 30 days, unless special extenuating circumstances make
further continuance feasible.

(Source: P.A. 103-22, eff. 8-8-23.)

(Text of Section after amendment by P.A. 103-594)
Sec. 9.

Prior to revocation or refusal to renew a license (other than a license of a day care center, day care home, or group day care home), the Department shall notify the licensee by registered mail with postage prepaid, at the address specified on the license, or at the address of the ranking or presiding officer of a board of directors, or any equivalent body conducting a child care facility, of the contemplated action and that the licensee may, within 10 days of such notification, dating from the postmark of the registered mail, request in writing a public hearing before the Department, and, at the same time, may request a written statement of charges from the Department.

(a) Upon written request by the licensee, the Department shall furnish such written statement of charges, and, at the same time, shall set the date and place for the hearing. The charges and notice of the hearing shall be delivered by registered mail with postage prepaid, and the hearing must be held within 30 days, dating from the date of the postmark of the registered mail, except that notification must be made at least 15 days in advance of the date set for the hearing.

(b) If no request for a hearing is made within 10 days after notification, or if the Department determines, upon holding a hearing, that the license should be revoked or renewal denied, then the license shall be revoked or renewal denied.

(c) Upon the hearing of proceedings in which the license is revoked, renewal of license is refused or full license is denied, the Director of the Department, or any officer or employee duly authorized by the Director in writing, may administer oaths and the Department may procure, by its subpoena, the attendance of witnesses and the production of relevant books and papers.

(d) At the time and place designated, the Director of the Department or the officer or employee authorized by the Director in writing, shall hear the charges, and both the Department and the licensee shall be allowed to present in person or by counsel such statements, testimony and evidence as may be pertinent to the charges or to the defense thereto. The hearing officer may continue such hearing from time to time, but not to exceed a single period of 30 days, unless special extenuating circumstances make further continuance feasible.

(Source: P.A. 103-22, eff. 8-8-23; 103-594, eff. 7-1-26.)