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815 ILCS 390/9
(815 ILCS 390/9) (from Ch. 21, par. 209)
Sec. 9.
The Comptroller may upon his own motion investigate the actions
of any person providing, selling, or offering pre-need sales contracts
or of any applicant
or any person or persons holding or claiming to hold
a license under this Act. The Comptroller shall make such an investigation
on receipt of the verified written complaint of any person setting forth
facts which, if proved, would constitute grounds for refusal, suspension,
or revocation of a license.
Before refusing to issue, and before suspension or revocation of a license,
the Comptroller shall hold a hearing to determine whether the applicant or
licensee,
hereafter called the respondent, is entitled to hold
such a license. At
least 10 days prior to the date set for such hearing, the Comptroller shall
notify the respondent in writing that on the date designated a hearing
will be held to determine his eligibility for a license and that he may
appear in person or by counsel. Such written notice may be served on the
respondent personally, or by registered or certified mail sent to the
respondent's
business address as shown in his latest notification to the Comptroller and
shall include sufficient information to inform the respondent of the general
nature of the charge. At the hearing, both the respondent and the complainant
shall be accorded ample opportunity to present in person or by counsel such
statements, testimony, evidence and argument as may be pertinent to the
charges or to any defense thereto. The Comptroller may reasonably continue
such hearing from time to time.
The Comptroller may subpoena any person or persons in this State and take
testimony orally, by deposition or by exhibit, in the same manner and with
the same fees and mileage as prescribed in judicial proceedings in civil cases.
Any authorized agent of the Comptroller may administer oaths to witnesses
at any hearing which the Comptroller is authorized to conduct.
The Comptroller, at his expense, shall provide a certified shorthand reporter
to take down the testimony and preserve a record of all proceedings at the
hearing of any case involving the refusal to issue a license, the suspension
or revocation of a license, the imposition of a monetary penalty, or the
referral
of a case for criminal prosecution. The record of any such proceeding shall
consist of the notice of hearing, complaint, all other documents in the
nature of pleadings and written motions filed in the proceedings, the
transcript
of testimony and the report and orders of the Comptroller. Copies of the
transcript of such record may be purchased from the certified shorthand
reporter
who prepared the record or from the Comptroller.
(Source: P.A. 92-419, eff. 1-1-02.)
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