Section 280.75  Sanctions to be Imposed for Violators

a)         The Office shall impose any of the following sanctions, singly or in combination, when it finds that a licensee is guilty of any offense described in Section 90(a) of the Act  or Section 280.70 of this Part:

1)         Revocation of license;

2)         Suspension of license for any period of time;

3)         Reprimand or censure;

4)         Placement on probationary status and the requirement of submission to any of the following:

A)        Report regularly to the Office upon matters that are the basis of the probation;

B)        Continuation or renewal of professional education until a satisfactory degree of skill has been attained in those areas that are the basis of the probation; or

C)        Such other reasonable requirements or restrictions as are proper;

5)         Refusal to issue, renew or restore the license;

6)         Revocation of probation that has been granted and imposition of any other discipline in this subsection (a) when the requirements of probation have not been fulfilled or have been violated. 

b)         Disposition may be made of any formal complaint by consent order between the State Fire Marshal and the licensee, but the Board must be apprised of the full consent order in a timely way.  (Section 90(c) of the Act)

c)         The Office shall reinstate any license to good standing under this Act, upon recommendation to the Office, after a hearing before the hearing officer authorized by the Office.  The Office shall be satisfied that the applicant's renewed practice is not contrary to public interest.  (Section 90(d) of the Act)

d)         The State Fire Marshal may order a licensee to submit to a reasonable physical examination if his or her physical capacity to practice safely is at issue in a disciplinary proceeding.  Failure to comply with a State Fire Marshal order to submit to a physical examination shall render a licensee liable to the summary suspension procedures described in Section 280.60(b)(2).  (Section 90(e) of the Act)

e)         The Office may conduct hearings and issue cease and desist orders to persons who engage in activities prohibited by the Act without having a valid license, certificate or registration.  Any person in violation of a cease and desist order entered by the Office shall be subject to all of the remedies provided by law and, in addition, shall be subject to a civil penalty payable to the parties injured by the violation. (Section 90(f) of the Act)

f)         An order of revocation, suspension, placing the license on probationary status or other formal disciplinary action as the Office may deem proper, or a certified copy thereof, over the seal of the Office, and purporting to be signed by the Office, is prima facie proof, but may be rebutted, that:

1)         The signature is that of the Office;

2)         The Office is qualified to act; and

3)         The hearing officer is qualified to act on behalf of the Office. (Section 105 of the Act)

g)         Upon the suspension or revocation of a license issued under the Act, a licensee shall surrender the license to the Office.  Upon failure to do so, the Office shall seize the license. (Section 110 of the Act)

(Source:  Amended at 32 Ill. Reg. 4191, effective March 5, 2008)