(430 ILCS 68/5-100)
Sec. 5-100. Hearing; rehearing. (a) The Director or the hearing officer authorized by the Illinois State Police
shall hear evidence in support of the formal charges
and evidence produced by the licensee. At the conclusion of the
hearing, the Director shall prepare a written
report of his or her findings of fact, conclusions of law, and
recommendations. The report shall contain a finding of whether
the accused person violated this Act or failed to comply with
the conditions required in this Act. (b) At the conclusion of the hearing, a copy of the Director's or hearing officer's report shall be served upon the licensee by the Illinois State Police, either personally or as provided
in this Act, for the service of a notice of hearing. Within 20
calendar days after service, the licensee may
present to the Illinois State Police a motion in writing for a rehearing,
which shall specify the particular grounds for rehearing. The Illinois State Police
may respond to the motion for rehearing within 20
calendar days after its service on the Illinois State Police. If no motion
for 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 Director may enter an order in accordance
with his or her recommendations or the recommendations of the hearing officer. If
the 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 licensee. (c) All proceedings under this Section are matters of
public record and shall be preserved. (d) The licensee may continue to operate during the course of an investigation or
hearing, unless the Director finds that the public interest,
safety, or welfare requires an emergency action.
(e) Upon the suspension or revocation of a certificate of license, the
licensee shall surrender the certificate to the Illinois State Police and,
upon failure to do so, the Illinois State Police shall seize the same. However, when the certification of a certified licensee is suspended, the certified licensee shall not operate as a certified licensee during the period in which the certificate is suspended and, if operating during that period, shall be operating in violation of subsection (a) of Section 5-15 of this Act. A person who violates this Section is guilty of a Class A misdemeanor for a first violation, and a Class 4 felony for a second or subsequent violation. In addition to any other penalty provided by law, any person or entity who violates this Section shall pay a civil penalty to the Illinois State Police in an amount not to exceed $2,500 for the first violation, and a fine not to exceed $5,000 for a second or subsequent violation.
(Source: P.A. 102-538, eff. 8-20-21.) |