(225 ILCS 120/85) (from Ch. 111, par. 8301-85)
(Section scheduled to be repealed on January 1, 2028)
Sec. 85. Investigations; notice of disciplinary hearing. The
Department may investigate the actions of any applicant or of any person or
persons holding or claiming to hold a license or registration. Before
suspending, revoking, placing on probationary status, or taking any other
disciplinary action as the Department may deem proper with regard to any
license or certificate, at least 30 days before the date set for the
hearing, the Department shall (i) notify the accused in writing of any
charges made and the time and place for a hearing of the charges before
the Board, (ii) direct him or her to file a written answer to the charges
with the Board under oath within 20 days after the service of the notice,
and (iii) inform the accused that if he or she fails to file an answer
default will be taken against him or her and his or her license or
certificate may be suspended, revoked, placed on probationary
status, or have other disciplinary action, including limiting the scope,
nature or extent of business, as provided for in this Act. The written notice
may be served by personal delivery, email to the respondent's email address of record, or mail to the respondent's address of record. At
the time and place fixed in the notice, the Board shall proceed to hear the
charges and the parties or their counsel shall be accorded ample
opportunity to present any statements, testimony, evidence and argument
that may be pertinent to the charges or to their defense. The hearing may
be continued from time to time. In case the accused person, after
receiving notice, fails to file an answer, his or her license or
certificate may in the discretion of the Secretary, having received first
the recommendation of the Board, be suspended, revoked, placed on
probationary status, or the Secretary may take whatever disciplinary action
as he or she may deem proper as provided in this Act, including limiting
the scope, nature, or extent of the person's practice, without a hearing,
if the act or acts charged constitute sufficient grounds for such action
under this Act.
(Source: P.A. 102-879, eff. 1-1-23 .)
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