TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER a: ADMINISTRATIVE RULES PART 1110 RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS SECTION 1110.30 INSTITUTION OF A CONTESTED CASE BY PETITIONER
Section 1110.30 Institution of a Contested Case by Petitioner
a) A contested case is instituted by a Petitioner when a Petition for Hearing is filed with the Clerk of the Court.
b) In a case in which a Petitioner is seeking restoration of a license that was revoked or suspended or for termination of an indefinite probation, the Petition for Hearing shall be in writing, signed by the Petitioner, and shall set forth:
1) The number of the license that was suspended, revoked or placed on probation;
2) The docket number of the case that resulted in discipline;
3) The date on which the suspension, revocation or probation was ordered;
4) Whether the order that suspended, revoked, or placed on probation the license was appealed, and if so, whether a stay of the imposition of discipline was granted by any reviewing court;
5) All dates and types of employment held since the discipline was imposed;
6) All continuing or remedial education completed since the discipline was ordered;
7) If the Petitioner has sought medical treatment, psychotherapy or counseling since the discipline was ordered, and if rehabilitation is relied upon as a basis for petitioning that the license be restored or the probation terminated, the name and address of the treating professional, and whether the Petitioner consents to disclosure by the professional of matters that are relevant to whether the Petitioner is fit to resume practice;
8) Any conviction or arrest followed by a charge since the discipline was ordered; and
9) Date and disposition of any other petitions for restoration filed since the discipline was ordered.
c) A Notice of an Intent to Deny Licensure shall be in writing, signed by a Chief of Prosecution, and shall include a clear statement of the acts or omissions alleged to violate a statute or rule, and citation of the statute or rule that forms the basis for the denial. The Notice shall notify the licensee that he or she must request a hearing to contest the notice within 30 days after service and, if a request is not filed within that time, the Director may issue an order denying the license application. In a case in which the Petitioner, also referred to as the applicant, seeks to contest a decision by the Division to deny the application for licensure, the Petition for Hearing will be in writing, signed by the Petitioner, and will state with specificity the particular reasons why the applicant believes that the action by the Division to deny licensure was incorrect.
d) Upon receipt by the Clerk of the Court of a properly completed Petition for Hearing, a case will be docketed, and notice sent to the Petitioner setting forth the date, time and place of hearing.
(Source: Amended at 43 Ill. Reg. 9969, effective September 13, 2019) |