(d) The provisions of the Illinois Administrative Procedure
Act are hereby expressly adopted
and shall apply to all administrative rules and procedures of the
Department of Public Health under this Act, except that in case of
conflict between the Illinois Administrative Procedure Act and
this Act the provisions of this Act shall control, and except that
Section 5-35 of the Illinois Administrative Procedure Act relating to
procedures for rulemaking does not apply to the adoption of any
rule required by federal law in connection with which the
Department is precluded by law from exercising any discretion.
(e) All final administrative decisions of the Department
under this Act shall be subject to judicial review pursuant to the
provisions of the Administrative Review Law and the
rules adopted under it. The term "administrative decision"
has the meaning ascribed to it in Section 3-101 of the Code of Civil Procedure.
(f) The Director, after notice and opportunity for hearing to
the applicant or license holder, may deny, suspend, or revoke a
license or expunge such person from the State list in any case in
which he or she finds that there has been a substantial failure to
comply with the provisions of this Act or the standards or rules
established under it.
Notice shall be provided by certified mail, return receipt requested, or by
personal
service setting forth the particular response for the proposed action
and fixing a date, not less than 15 days from the date of such
mailing or service, at which time the applicant, asbestos abatement contractor,
or license holder shall be given an opportunity to request hearing.
The hearing shall be conducted by the Director or by an
individual designated in writing by the Director as Hearing Officer
to conduct the hearing. On the basis of any such hearing, or upon
default of the asbestos abatement contractor, applicant or license holder, the
Director shall make a determination specifying his or her findings and
conclusions. A copy of the determination shall be sent by
certified mail, return receipt requested, or served personally upon the
applicant, contractor, or
license holder.
The procedure governing hearings authorized by this Section
shall be in accordance with rules promulgated by the Department.
A full and complete record shall be kept of all proceedings,
including the notice of hearing, complaint, and all other documents
in the nature of pleadings, written motions filed in the proceedings,
and the report and orders of the Director and Hearing Officer. All
testimony shall be reported but need not be transcribed unless the
decision is sought to be reviewed under the Administrative
Review Law. A copy or copies of the transcript may be obtained
by any interested party on payment of the cost of preparing the
copy or copies. The Director or Hearing Officer shall, upon his or
her own motion or on the written request of any party to the
proceeding, issue subpoenas requiring the attendance and the giving
of testimony by witnesses, and subpoenas duces tecum requiring the
production of books, papers, records, or memoranda. All subpoenas
and subpoenas duces tecum issued under this Act may
be served by any person of legal age. The fees of witnesses for
attendance and travel shall be the same as the fees of witnesses
before the courts of this State, such fees to be paid when
the witness is excused from further attendance. When the witness
is subpoenaed at the instance of the Director or Hearing Officer,
such fees shall be paid in the same manner as other expenses of
the Department, and when the witness is subpoenaed at the
instance of any other party to any such proceeding the Department
may require that the cost of service of the subpoena or subpoena
duces tecum and the fee of the witness be borne by the party at
whose instance the witness is summoned. In such case, the
Department in its discretion may require a deposit to cover the cost
of such service and witness fees. A subpoena or subpoena duces
tecum so issued as above stated shall be served in the same
manner as a subpoena issued by a circuit court.
Any circuit court of this State, upon the application of the
Director, or upon the application of any other party to the
proceeding, may, in its discretion, compel the attendance of
witnesses, the production of books, papers, records, or memoranda
and the giving of testimony before the Director or Hearing Officer
conducting an investigation or holding a hearing authorized by this
Act, by an attachment for contempt or otherwise, in the same
manner as production of evidence may be compelled before the
court.
The Director or Hearing Officer, or any party in an
investigation or hearing before the Department, may cause the
depositions of witnesses within this State to be taken in the manner
prescribed by law for like depositions in civil actions in courts of
this State, and, to that end, compel the attendance of witnesses and
the production of books, papers, records, or memoranda.
(Source: P.A. 98-78, eff. 7-15-13.)
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