(20 ILCS 301/45-5)
(a) Employees of the Department are authorized to enter, at
reasonable times and upon presentation of credentials, the premises on which
any licensed or funded activity is conducted, including off-site services,
in order to inspect all pertinent
property, records, personnel and business data that relate to such activity.
(b) When authorized by an administrative inspection warrant issued pursuant
to this Act, any officer or employee may execute the inspection warrant
according to its terms. Entries, inspections and seizures of property may be
made without a warrant:
(1) If the person in charge of the premises consents.
(2) In situations presenting imminent danger to
(3) In situations involving inspections of
conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant.
(4) In any other exceptional or emergency
circumstances where time or opportunity to apply for a warrant is lacking.
(c) Issuance and execution of administrative inspection warrants shall be
(1) A judge of the circuit court, upon proper oath or
affirmation showing probable cause, may issue administrative inspection warrants for the purpose of conducting inspections and seizing property. Probable cause exists upon showing a valid public interest in the effective enforcement of this Act or regulations promulgated hereunder, sufficient to justify inspection or seizure of property.
(2) An inspection warrant shall be issued only upon
an affidavit of a person having knowledge of the facts alleged, sworn to before the circuit judge and established as grounds for issuance of a warrant. If the circuit judge is satisfied that probable cause exists, he shall issue an inspection warrant identifying the premises to be inspected, the property, if any, to be seized, and the purpose of the inspection or seizure.
(3) The inspection warrant shall state the grounds
for its issuance, the names of persons whose affidavits have been taken in support thereof and any items or types of property to be seized.
(4) The inspection warrant shall be directed to a
person authorized by the Secretary to execute it, shall command the person to inspect or seize the property, direct that it be served at any time of day or night, and designate a circuit judge to whom it shall be returned.
(5) The inspection warrant must be executed and
returned within 10 days of the date of issuance unless the court orders otherwise.
(6) If property is seized, an inventory shall be
made. A copy of the inventory of the seized property shall be given to the person from whom the property was taken, or if no person is available to receive the inventory, it shall be left at the premises.
(7) No warrant shall be quashed nor evidence
suppressed because of technical irregularities not affecting the substantive rights of the persons affected. The Department shall have exclusive jurisdiction for the enforcement of this Act and for violations thereof.
(Source: P.A. 100-759, eff. 1-1-19
(20 ILCS 301/45-20)
Denial of license or other sanction.
(a) The Department may deny an application for licensure or for renewal of
licensure, or may suspend, revoke or place on probation or impose a financial
penalty upon any licensee, upon a finding that the applicant or licensee:
(1) has violated any provision of this Act or any
rule promulgated hereunder.
(2) is owned, managed or operated by any person who
has been convicted within the previous 2 years in any court of law of operating a motor vehicle while under the influence of alcohol or any drug.
(3) has furnished false or fraudulent information to
(4) is owned, operated or managed by any person who
has had suspended or revoked a federal registration to distribute or dispense methadone, or any governmental license relating to operation of the facility.
(5) has failed to provide effective controls against
the diversion of controlled substances in other than legitimate medical, scientific or industrial channels.
(6) has demonstrated unprofessional conduct or
dishonesty in conducting licensed activities.
(7) is owned, managed or operated by any person who
has been convicted of a felony under any law of the United States or any state within the previous 2 years.
(8) has failed to provide information requested by
the Department within 30 days of a formal written request.
(b) The Department may promulgate regulations setting forth provisions for
the imposition of financial penalties. Proceeds from any financial penalties
imposed shall be deposited into the General Revenue Fund.
(c) Any penalty imposed for any violation of this Act shall be in addition
to, and not in lieu of, any criminal, civil or administrative penalty or
sanction otherwise authorized by this Act or any other law.
(Source: P.A. 88-80.)
(20 ILCS 301/45-55)
Powers and duties of designated agents.
(a) It is hereby made the sole and exclusive duty of the Department, and its
designated agents, officers and investigators, to investigate all violations of
this Act, and to cooperate with all agencies charged with enforcement of the
laws of the United States, or any state, concerning matters pertaining to this
Act. Nothing in this Act shall bar a grand jury from conducting an
investigation of any alleged violation of this Act. Any agent, officer,
investigator or peace officer designated by the Department may:
(1) execute and serve administrative inspection
warrants and subpoenas under the authority of this State.
(2) make seizures of property pursuant to the
(3) perform such other duties as the Department may
The Secretary may appoint such investigators as is deemed
necessary to carry
out the provisions of this Act. It shall be the duty of such investigators to
investigate and report violations of the provisions of this Act. With respect
to the enforcement of the provisions of this Act, such investigators shall have
the authority to serve subpoenas, summonses and administrative inspection
warrants. They shall be conservators of the peace and, as such, they shall have
and may exercise during the course of an inspection or investigation all the
powers possessed by policemen in the cities and sheriffs in the counties of
this State, except that they may exercise such powers anywhere in the State.
(b) The Department or its designated agents, either before or after the
issuance of a license, may request and shall receive the cooperation of the
Illinois Department of State Police, county and multiple county health
departments, or municipal boards of health to make investigations to determine
if the applicant or licensee is complying with minimum standards prescribed by
(Source: P.A. 88-80; 89-507, eff. 7-1-97.)