225 ILCS 412/90

(225 ILCS 412/90)

(Section scheduled to be repealed on January 1, 2029)

Sec. 90. Investigations; notice and hearing.

(a) The Department may investigate the actions of an applicant or a person
holding or claiming to hold a license.

(b) Before refusing to issue or renew a license or take any disciplinary or non-disciplinary action against
a licensed electrologist pursuant to Section 75 of this Act,
the Department shall notify in writing the applicant
or the licensee of the nature of the charges and that a hearing will be held on
the
date designated, which shall be at least 30 days
after
the date of the notice.
The Department shall direct the applicant or licensee
to
file a written answer to the Department under oath within 20 days after the
service
of
the notice and inform the applicant or licensee that failure to file
an answer will result
in
default being taken against the applicant or licensee and that the
license may be suspended, revoked, placed on probationary status, or other
disciplinary or non-disciplinary action may be taken, including limiting the scope, nature, or
extent of
business as the Secretary may deem proper.  Written notice may be served by
 certified or registered mail sent to the licensee's address of record.

The written notice and any notice in the subsequent proceeding may be served electronically to the licensee's email address of record, or, if in the course of the administrative proceeding the party has previously designated a specific email address at which to accept electronic service for that specific proceeding, by sending a copy by email to the email address on record.

If the applicant
or licensee fails to file
an
answer after receiving notice, the license may, in the
discretion of
the Department, be suspended, revoked, or placed on probationary status, or the
Department may take whatever disciplinary action considered 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.

At the time and place fixed in the
notice,
the Department shall proceed to hear the charges, and the parties or their
counsel
shall
be accorded ample opportunity to present any pertinent statements, testimony, evidence,
and argument.  The
Department
may continue a hearing from time to time.

(Source: P.A. 103-309, eff. 1-1-24.)