Section 430.190  Denial, Suspension, or Revocation of Licenses

a)         The Department shall deny the application of any person or organization which does not satisfy all eligibility requirements for the license for which application is made, or which is ineligible for a license under Section 430.150(a).

b)         The Department shall suspend the license of any person or organization which, while its license is in effect, becomes ineligible for any reason.  The suspension will remain in force until the person or organization regains eligibility.

c)         The Department shall issue a warning to suspend or revoke the license of any person or organization violating the Act or this Part.

1)         Suspensions, revocations and warnings imposed under this subsection will range in duration from one day to one year.  The choice and duration of sanctions will be made on a case by case basis, and will be based on the licensee's history of compliance; the number, seriousness, and duration of violations; the cooperation extended to the Department by licensees in discontinuing and correcting violations; and the sanctions imposed on others by the Department under similar circumstances.

2)         The effective date of a suspension shall be not less than 25 days after the date the Department mails the notice to the licensee.  If the licensee requests a hearing within 20 days as provided in subsection (d)(2) below, the effective date of any suspension is stayed pending the outcome of the hearing, and the licensee may continue to operate under the license.  If a license expires during a stay of suspension, the licensee may continue to operate only if a substantially complete renewal application and application fee have been received by the Department prior to the expiration of the license.

d)         Notification of denial, warning, suspension, or revocation; requests for hearing:

1)         The Department shall send notices of denial, warning, suspension, or revocation by certified mail, return receipt requested, to the applicant or licensee at the mailing address stated on the applicant's or licensee's most recent license application.  All such notices will include a statement of the reasons for the Department's action.

2)         An applicant or licensee may request a hearing to contest the Department's action pursuant to 86 Ill. Adm. Code 200.  The request shall be in writing, and must be received by the Department within 20 days after the date the Department mailed the notice of its action to the applicant or licensee.

e)         Any person who violates the Act, or any person who files a fraudulent return under the Act, or any person who willfully violates this Part, or any officer or agent of a corporation licensed under the Act who signs a fraudulent return filed on behalf of such corporation is guilty of a Class A Misdemeanor.

(Source:  Amended at 15 Ill. Reg. 10944, effective July 10, 1991)