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Public Act 096-0048
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| HB1353 Enrolled |
LRB096 03912 ASK 13947 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Funeral Directors and Embalmers Licensing |
Code is amended by changing Section 15-15 as follows:
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(225 ILCS 41/15-15)
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(Section scheduled to be repealed on January 1, 2013)
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Sec. 15-15. Complaints; investigations; hearings; summary |
suspension of license. The Department shall
conduct regular |
inspections of all funeral establishments to determine
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compliance with the provisions of this Code. The Department may |
upon its own
motion and shall upon the verified complaint in |
writing of any person setting
forth facts that if proved would |
constitute grounds for refusal, suspension,
revocation, or |
other disciplinary action investigate the action of any person
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holding or claiming to hold a license under this Code. The |
Department shall
report to the Board, on at least a quarterly |
basis, the status or disposition
of all complaints against, and |
investigations of, license holders. The
Department shall, |
before refusing to issue or renew, suspending, revoking, or
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taking any other disciplinary action with respect to any |
license and at least
30 days before the date set for the |
hearing, notify in writing the licensee
of any charges made and |
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shall direct that person to file a written answer to
the Board |
under oath within 20 days after the service of the notice and |
inform
that person that failure to file an answer may result in |
default being taken
and the person's license or certificate may |
be suspended, revoked, placed on
probationary status, or other |
disciplinary action may be taken, including
limiting the scope, |
nature or extent of practice, as the Secretary
Director may |
deem
proper. The Department shall afford the licensee an |
opportunity to be heard in
person or by counsel in reference to |
the charges. Written notice may be served
by personal delivery |
to the licensee or by mailing it by registered mail to the
last |
known business address of licensee. In case the person fails to |
file an
answer after receiving notice, his or her license or |
certificate may, in the
discretion of the Department, be |
suspended, revoked, or placed on probationary
status, or the |
Department may take whatever disciplinary action deemed |
proper,
including limiting the scope, nature, or extent of the |
person's practice or the
imposition of a fine, without a |
hearing, if the act or acts charged constitute
sufficient |
grounds for such action under this Act. The hearing on the |
charges
shall be at a time and place as the Department shall |
prescribe. The Department
may appoint a hearing officer to |
conduct the hearing. The Department shall
notify the Board of |
the time and place of the hearing and Board members
shall be |
allowed to sit at the hearing. The Department has the power
to |
subpoena and bring before it any person in this State, or take |
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testimony
of any person by deposition, with the same fees and |
mileage,
in the same manner as prescribed by law in judicial |
proceedings in circuit
courts of this State in civil cases. If |
the Department determines that
any licensee is guilty of a |
violation of any of the provisions of this
Code, disciplinary |
action shall be taken against the licensee.
The Department may |
take disciplinary action without a formal hearing subject
to |
Section 10-70 of the Illinois Administrative Procedure Act. |
The Secretary may summarily suspend the license of any |
person licensed under this Act without a hearing, |
simultaneously with the institution of proceedings for a |
hearing provided for in this Section, if the Secretary finds |
that evidence in the possession of the Secretary indicates that |
the continuation of practice by the licensee would constitute |
an imminent danger to the public. In the event that the |
Secretary summarily suspends the license of an individual |
without a hearing, a hearing must be held within 30 days after |
the suspension has occurred.
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(Source: P.A. 87-966; 88-45.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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