(510 ILCS 72/100)
Sec. 100.
Investigations; notice and hearing.
(a) The Department may investigate the actions of an applicant or an animal
shelter
or animal control facility holding or claiming to hold a certificate.
(b) Before refusing to issue or renew a certificate or disciplining
a certified euthanasia agency or technician,
the Department shall notify in writing the applicant, the agency, or
technician 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, agency, or technician
to
file a written answer to the Department under oath within 20 days after the
service
of
the notice and inform the applicant, agency, or technician that failure to file
an answer will result
in
default being taken against the applicant, agency, or technician and that the
certificate may be suspended, revoked, placed on probationary status, or other
disciplinary action may be taken, including limiting the scope, nature, or
extent of
business as the Director may deem proper. Written notice may be served by
personal delivery or certified or registered mail sent to the respondent at the
most recent address on record with the Department.
If the applicant, agency,
or technician fails to file
an
answer after receiving notice, the certification may, in the
discretion of
the Department, be suspended, revoked, or placed on probationary status, or the
Department may take whatever disciplinary action it deems proper including
imposing a civil penalty, without a hearing if the act or acts charged
constitute
sufficient
ground 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 such statements, testimony, evidence,
and argument as may be pertinent to the charges or to their defense. The
Department
may continue a hearing from time to time.
(Source: P.A. 92-449, eff. 1-1-02.)
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