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(225 ILCS 745/110) (Section scheduled to be repealed on January 1, 2026) Sec. 110. Findings and recommendations. 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 whether or not the accused person violated this Act or its rules or
failed to comply with the conditions required in this Act or its rules. The
Board shall specify the nature of any violations or failure to comply and shall
make its recommendations to the Secretary. In making recommendations for any
disciplinary actions, the Board may take into consideration all facts and
circumstances bearing upon the reasonableness of the conduct of the accused
and the potential for future harm to the public, including but not limited to
previous discipline of the accused by the Department, intent, degree of harm to
the public and likelihood of harm in the future, any restitution made by the
accused, and whether the incident or incidents contained in the complaint
appear to be isolated or represent a continuing pattern of conduct. In making
its recommendations for discipline, the Board shall endeavor to ensure that the
severity of the discipline recommended is reasonably related to the severity of
the violation. The report of findings of fact, conclusions of law, and recommendation of the
Board shall be the basis for the Department's order refusing to issue, restore,
or renew a person's license to practice as a Licensed Professional Geologist, or otherwise disciplining a licensee. If the Secretary disagrees with the recommendations of the Board, the Secretary may issue an
order in contravention of the Board recommendations. The Secretary shall
provide a written report to the Board on any disagreement and shall specify the
reasons for the action in the final order. The finding is not admissible in
evidence against the person in a criminal prosecution brought for a violation
of this Act, but the hearing and finding are not a bar to a criminal
prosecution brought for a violation of this Act.(Source: P.A. 99-26, eff. 7-10-15.) |
