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(225 ILCS 447/45-15)
(Section scheduled to be repealed on January 1, 2029)
Sec. 45-15. Hearing; rehearing.
(a) The Board or the hearing officer authorized by the
Department 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. 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. The Board shall specify
the nature of the violation or failure to comply and shall
make its recommendation to the Secretary.
(b) At the conclusion of the hearing, a copy of the Board or hearing officer'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 a notice of
hearing. Within 20 calendar days after service, the
applicant or licensee may present to the Secretary 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
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 the 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 or the hearing officer, the Secretary may issue an order contrary to the report. The finding is not admissible
in evidence against the person in a criminal prosecution
brought for the violation of this Act, but the hearing and
findings are not a bar to a criminal prosecution for the
violation of this Act. (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) All proceedings under this Section are matters of
public record and shall be preserved.
(f) Upon the suspension or revocation of a license, the
licensee shall surrender the license to the Department and,
upon failure to do so, the Department shall seize the same.
(Source: P.A. 103-309, eff. 1-1-24.)
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