Public Act 096-0048
HB1353 Enrolled LRB096 03912 ASK 13947 b

    AN ACT concerning regulation.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Funeral Directors and Embalmers Licensing
Code is amended by changing Section 15-15 as follows:
    (225 ILCS 41/15-15)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 15-15. Complaints; investigations; hearings; summary
suspension of license. The Department shall conduct regular
inspections of all funeral establishments to determine
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
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
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
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
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.
(Source: P.A. 87-966; 88-45.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/17/2009