Section 1110.20  Institution of a Contested Case by the Division

a)         A contested case is instituted by the Division when a Complaint and Notice of Preliminary Hearing are filed with the Clerk of the Court and mailed or emailed to the Respondent's address of record.

b)         A Complaint shall be in writing, signed by a Chief of Prosecution, and shall include a clear statement of the acts or omissions alleged to violate a statute or rule and the citation of the particular Sections of the substantive and procedural statutes and rules involved.  Any allegation of a violation of a statute or rule under the administration of the Department that is premised on a violation of another State or federal statute or rule shall identify that State or federal statute or rule.

c)         The Notice of Preliminary Hearing shall be in writing and shall contain the date, time, place and nature of the hearing to be held, shall refer to the Division's Rules of Practice, and shall comply with the Notice requirements of Section 1110.70.

d)         A contested case is also instituted by the Division when a Notice of Intent to Refuse to Renew is filed with the Clerk of the Court and mailed or emailed to the Respondent's address of record.

e)         A Notice of Intent to Refuse to Renew shall be in writing and signed by a Chief of Prosecution, shall include a clear statement of the acts or omissions alleged to violate a statute or rule, and shall include the citation of the particular Sections of the substantive or procedural statutes and rules involved.  Any allegation of a violation of a statute or rule under the administration of the Department that is premised on a violation of another State or federal statute or rule shall identify that State or federal statute or rule.  It shall notify the licensee that the licensee must request a hearing to contest the notice within 30 days after service and, if a request is not filed within that time, the Director may issue an order refusing renewal of the license.  Upon receipt by the Clerk of the Court of a properly completed request for hearing, a case will be docketed and notice sent to the Respondent setting forth the date, time and place of hearing.

f)         The procedures for Rules to Show Cause for each profession are described in the applicable professional Act.  If the Division is seeking a civil penalty for unlicensed practice, the Division shall file a Complaint and Notice of Preliminary Hearing in the same manner as set forth in this Section.

g)         Any Notice of Preliminary Hearing or Notice of Intent to Refuse to Renew prepared under the provisions of this Section pertaining to a person licensed under the Real Estate License Act of 2000 [225 ILCS 454] shall also be addressed to and served upon that person's managing broker and sponsoring broker.

(Source:  Amended at 43 Ill. Reg. 9969, effective September 13, 2019)