(225 ILCS 20/26)
(from Ch. 111, par. 6376)
(Section scheduled to be repealed on January 1, 2028)
Hearing; motion for rehearing.
(a) The Board or hearing officer appointed by the Secretary shall hear evidence in support of the formal charges and evidence produced by the licensee. At the conclusion of the hearing, the Board shall present to the Secretary a written report of its findings of fact, conclusions of law, and recommendations. If the Board fails to present its report, the applicant or licensee may request in writing a direct appeal to the Secretary, in which case the Secretary may issue an order based upon the report of the hearing officer and the record of the proceedings or issue an order remanding the matter back to the hearing officer for additional proceedings in accordance with the order.
(b) At the conclusion of the hearing, a copy of the hearing officer's or
Board's report shall be served upon the applicant or licensee by the
Department, either personally or as
provided in this Act for the service of the notice of hearing. Within 20 calendar
days after service, the applicant or licensee may present to the
Department a motion in writing for a rehearing which shall specify the
particular grounds for rehearing. The Department may respond to the motion for rehearing within 20 calendar days after its service on the Department. If no motion for a rehearing is filed, then
upon the expiration of the time specified for filing such a motion, or upon denial of a motion for rehearing, the Secretary may
enter an order in accordance with recommendations of the Board or hearing officer. If the applicant or licensee orders from the reporting service and pays for a transcript of the record within the time for filing a motion for rehearing, the 20-day period within which a motion may be filed shall commence upon the delivery of the transcript to the applicant or licensee.
(c) If the Secretary disagrees in any regard with the report of the Board, the Secretary may issue an order contrary to the report.
(d) Whenever the Secretary is not satisfied that substantial justice has been done, the Secretary may order a rehearing by the same or another hearing officer.
(e) At any point in any investigation or disciplinary proceeding provided for in this Act, both parties may agree to a negotiated consent order. The consent order shall be final upon signature of the Secretary.
(Source: P.A. 100-414, eff. 8-25-17.)