(430 ILCS 68/5-95)
Sec. 5-95. Complaints; investigations; hearings.
(a) The Illinois State Police may investigate the actions of any
applicant or of any person or persons holding or claiming to
hold a license or registration under this Act. (b) The Illinois State Police shall, before disciplining a licensee
under Section 5-85 or refusing to issue a certificate of license, at least 30
days before the date set for the hearing, (i) notify the
accused in writing 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
service, and (iii) inform the licensee that
failure to answer will result in a default being entered
against the licensee. (c) At the time and place fixed in the notice, the Director or
the hearing officer appointed by the Director shall proceed to
hear the charges, and the parties or their counsel shall be
accorded ample opportunity to present any pertinent
statements, testimony, evidence, and arguments. The Director or
hearing officer may continue the hearing from time to time. In
case the person, after receiving the notice, fails to file an
answer, his, her, or its license may, in the discretion of the Director, having first received the recommendation of the Director, be suspended, revoked, or placed on probationary status,
or be subject to whatever disciplinary action the Director considers proper, including limiting the scope, nature, or
extent of the person's business, or the imposition of a fine,
without hearing, if the act or acts charged constitute
sufficient grounds for that action under this Act. (d) The written notice and any notice in the subsequent
proceeding may be served by certified mail to the licensee's
address of record. (e) The Director has the authority to appoint any attorney
licensed to practice law in this State to serve as the hearing
officer in any action for refusal to issue, restore, or renew a
license, or to discipline a licensee. The hearing officer has
full authority to conduct the hearing.
(Source: P.A. 102-538, eff. 8-20-21.) |