(210 ILCS 55/10) (from Ch. 111 1/2, par. 2810)
Sec. 10.
(a) Before denying an
application, refusing to renew a license, suspending a
license, revoking a license, or levying a fine, the
Department shall notify the applicant or licensee.
(b) Such notice shall be effected by certified mail
or by personal service setting forth the particular reasons for the
proposed action and informing the agency of its right to request a
hearing to contest the Department action by submitting a written request
for a hearing within 10 days of receipt of the notice. Such hearing shall
be conducted by the
Director, by an employee of the Department, or by a person
under contract to the Department designated in writing by
the Director as Hearing Officer to conduct the hearing. On the basis of
any such hearing, or upon default of the applicant or licensee, the
Director shall make a determination specifying his findings and
conclusions.
(c) The procedure governing hearings authorized by this Section
shall be in accordance with the Illinois Administrative Procedure Act
which is expressly adopted and incorporated herein as if all of the
provisions of such Act were included in this Act, except that in case of
conflict between the two Acts the provisions of this Act shall control.
(d) The Director or Hearing Officer shall upon his own motion, or on
the written request of any party to the proceeding, issue subpoenas
requiring the attendance and the giving of testimony by witnesses, and
subpoenas duces tecum requiring the production of books, papers,
records, or memoranda. All subpoenas and subpoenas duces tecum issued
under the terms of this Act may be served by any person of full age. The
fees of witnesses for attendance and travel shall be the same as the
fees of witnesses before the circuit court of this State, such fees to
be paid when the witness is excused from further attendance. When the
witness is subpoenaed at the instance of the Director, or Hearing
Officer, such fees shall be paid in the same manner as other expenses of
the Department, and when the witness is subpoenaed at the instance of
any other party to any such proceeding the Department may require that
the cost of service of the subpoena or subpoena duces tecum and the fee
of the witness be borne by the party at whose instance the witness is
summoned. In such case, the Department in its discretion, may require a
deposit to cover the cost of such service and witness fees. A subpoena
or subpoena duces tecum issued as aforesaid shall be served in the same
manner as a subpoena issued out of a court.
(e) Any circuit court of this State upon the application of the
Director, or upon the application of any other party to the proceeding,
may, in its discretion, compel the attendance of witnesses, the
production of books, papers, records, or memoranda and the giving of
testimony before the Director or Hearing Officer conducting an
investigation or holding a hearing authorized by this Act, by an
attachment for contempt, or otherwise, in the same manner as production
of evidence may be compelled before the court.
(f) The Director or Hearing Officer, or any party in an
investigation or hearing before the Department, may cause the
depositions of witnesses within the State to be taken in the manner
prescribed by law for like depositions in civil actions in courts of
this State, and to that end compel the attendance of witnesses and the
production of books, papers, records, or memoranda.
(Source: P.A. 86-130.)
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