(225 ILCS 20/21) (from Ch. 111, par. 6371) (Text of Section before amendment by P.A. 103-1048) (Section scheduled to be repealed on January 1, 2028) Sec. 21. Investigations; notice and hearing. (a) The Department may
investigate the actions of any applicant or of any person holding or
claiming to hold a license under this Act. (b) The Department shall, before disciplining an applicant or licensee, at least 30 days prior to the date set for the
hearing: (i)
notify, in writing, the accused of the charges made and the time and place for the hearing on the charges, (ii) direct him or her to file a written
answer to the charges under oath within 20 days after the service of the
notice, and (iii) inform the applicant or licensee that failure to file an answer
will result in a default being entered against the applicant or licensee. (c) Written or electronic notice, and any notice in the subsequent proceeding, may be served by personal delivery, by email, or by mail to the applicant or licensee at his or her address of record or email address of record.
(d) At the time and place fixed in the notice,
the Board or hearing officer appointed by the Secretary shall proceed to hear the charges and the parties or their
counsel shall be accorded ample opportunity to present any statements,
testimony, evidence and argument as may be pertinent to the charges or to
their defense. The Board or hearing officer may continue the hearing from time to time. (e) In case the person, after receiving the notice, fails to file an answer, his or her license may, in the discretion of the Secretary, having first received the recommendation of the Board, be suspended, revoked, or placed on probationary status, or be subject to whatever disciplinary action the Secretary considers proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without hearing, if the act or acts charged constitute sufficient grounds for that action under this Act. (Source: P.A. 100-414, eff. 8-25-17.) (Text of Section after amendment by P.A. 103-1048) (Section scheduled to be repealed on January 1, 2028) Sec. 21. Investigations; notice and hearing. (a) The Department may investigate the actions of any applicant or of any person holding or claiming to hold a license under this Act. (b) The Department shall, before disciplining an applicant or licensee, at least 30 days prior to the date set for the hearing: (i) notify, in writing, the accused of the charges made and the time and place for the hearing on the charges, (ii) direct the applicant or licensee to file a written answer to the charges under oath within 20 days after the service of the notice, and (iii) inform the applicant or licensee that failure to file an answer will result in a default being entered against the applicant or licensee. (c) Written or electronic notice of the hearing and any notice in a subsequent proceeding may be served by personal delivery, email to the applicant's or licensee's email address of record, or mail to the applicant's or licensee's address of record. (d) At the time and place fixed in the notice, the Board or hearing officer appointed by the Secretary shall proceed to hear the charges and the parties or their counsel shall be accorded ample opportunity to present any statements, testimony, evidence and argument as may be pertinent to the charges or to their defense. The Board or hearing officer may continue the hearing from time to time. (e) In case the person, after receiving the notice, fails to file an answer, the person's license may, in the discretion of the Secretary, having first received the recommendation of the Board, be suspended, revoked, or placed on probationary status, or be subject to whatever disciplinary action the Secretary considers proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without hearing, if the act or acts charged constitute sufficient grounds for that action under this Act. (Source: P.A. 103-1048, eff. 1-1-25.) |