(225 ILCS 51/95)
(Section scheduled to be repealed on January 1, 2028)
Sec. 95. Investigations; notice and hearing.
(a) The Department
may investigate the actions of an applicant or of an entity
holding or claiming to hold a license.
(b) The Department
shall, before refusing to issue or renew a license or
disciplining a licensee, at least 30 days prior to the date set
for the hearing, notify in writing the applicant or
licensee of the nature of the charges and that a hearing
will be held on the date designated. The Department shall direct
the applicant or licensee to file a written answer to the Board
under oath within 20 days after the service of the notice and
inform the applicant or licensee that failure to file an answer
will result in default being taken against the applicant or
licensee and that the license may be suspended,
revoked, placed on probationary status, or other disciplinary
action may be taken, including limiting the scope, nature, or
extent of business, as the Secretary
may deem proper. Written
notice may be served by personal delivery, mail to the applicant or licensee
at his or her
address of record, or email to the applicant or licensee's email address of record. If the entity fails to
file an answer after receiving notice, the entity's license
may, in the discretion of the Department, be
suspended, revoked, or placed on probationary status, or the
Department may take whatever disciplinary or non-disciplinary action it deems proper,
including limiting the scope, nature, or extent of the entity's
business, or imposing a fine, without a hearing, if the
act or acts charged constitute sufficient grounds for such action under this
Act. At the time and place fixed in the notice, the Board shall proceed to hear
the charges, and the parties or their counsel shall be
accorded ample opportunity to present such statements, testimony,
evidence, and argument as may be pertinent to the charges or to
their defense. The Board may continue a hearing from time to
time.
(c) An individual or organization acting in good faith, and not in a willful and wanton manner, by participating in proceedings of the Board, or by serving as a member of the Board, shall not, as a result of such actions, be subject to criminal prosecution or civil damages. (d) Members of the Board shall be indemnified by the State for any actions occurring within the scope of services on the Board, done in good faith and not willful and wanton in nature. The Attorney General shall defend all such actions unless he or she determines either that there would be a conflict of interest in such representation or that the actions complained of were not in good faith or were willful and wanton. If the Attorney General declines representation, the member has the right to employ counsel of his or her choice, whose fees shall be provided by the State, after approval by the Attorney General, unless there is a determination by a court that the member's actions were not in good faith or were willful and wanton. The member must notify the Attorney General within 7 days after receipt of notice of the initiation of any action involving services of the Board. Failure to so notify the Attorney General shall constitute an absolute waiver of the right to a defense and indemnification. The Attorney General shall determine, within 7 days after receiving such notice, whether he or she will undertake to represent the member. (Source: P.A. 100-525, eff. 9-22-17.)
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