Section 2530.482  Decision, Order and Disposition

a)         Decision and Order

1)         Findings of facts shall be based exclusively on the evidence and on matters officially noticed.

2)         The Department shall prepare a written order and opinion for all final determinations.  The order shall include findings of fact and conclusions of law and shall be signed by the Director after considering the Hearing Officer's recommendations.

3)         Findings shall include specific references to principal supporting items of evidence in the record.

4)         Findings of fact and conclusions of law must be separately stated.

5)         The Department's final order may include any or all of the following:

A)        A direction to cease and desist from violations of the Department's rules and orders;

B)        Suspension of licenses, permits or privileges;

C)        Revocation of a license or permit; or

D)        Other determinations that may be appropriate.

6)         The Department shall notify all parties or their agents by mail of any final order.

7)         The Department's order shall be the final administrative decision of the Department, noting that it is appealable to the Circuit Court, pursuant to the Administrative Review Law [735 ILCS 5/Art. III].

b)         Unless precluded by law, the Department may dispose of a case by stipulation, agreed order, settlement, consent order or default.  The Department may impose a suspension of privileges for up to 60 months, or longer if a suspension is pursuant to the Timber Buyers Licensing Act or if denial of access privileges under Section 805-518 of the Civil Administrative Code is imposed.

c)         The suspension of privileges shall remain in effect until payment of appropriate reinstatement fees, as found in Section 2530.610, and processing of those fees by the Office of Law Enforcement.

d)         Failure of a party to appear on the date set for a pre-hearing or hearing, or failure to proceed as ordered by the Hearing Officer, shall constitute a default.  If a party fails to appear, the Hearing Officer shall make a finding and prepare an order for the Director.  No further action will be taken on the matter and the suspension/revocation will be imposed as stated in the Complaint or Notice of Suspension.

(Source:  Amended at 38 Ill. Reg. 17001, effective July 25, 2014)