(Text of Section before amendment by P.A.
566 words·~3 min read·
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(Text of Section before amendment by P.A. 104-152)
(Section scheduled to be repealed on January 1, 2031)
Sec. 105. Investigations; notice; hearing. The Department may investigate the actions of an applicant, a licensee, or a person claiming to hold a license. The Department shall, before revoking, suspending, placing on probation, reprimanding, or taking any other disciplinary action under Section 95 of this Act, at least 30 days before the date set for the hearing
(i)notify the accused, in writing, of any charges made and the time and place for the hearing on the charges,
(ii)direct him or her to file a written answer to the charges with the Board under oath within 20 days after the service upon him or her of the notice, and
(iii)inform the accused that, if he or she fails to answer, default will be taken against him or her and his or her license may be suspended, revoked, placed on probationary status, or other disciplinary action taken with regard to the license, including limiting the scope, nature, or extent of his or her practice, without a hearing, as the Department may consider proper. In case the person, after receiving notice, fails to file an answer, his or her license may, in the discretion of the Department, be suspended, revoked, placed on probationary status, or the Department may take whatever disciplinary action is 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 an action under this Act. The written notice may be served by personal delivery or certified mail to the address of record.
(Text of Section after amendment by P.A. 104-152)
(Section scheduled to be repealed on January 1, 2031)
Sec. 105. Investigations; notice; hearing. The Department may investigate the actions of an applicant, a licensee, or a person claiming to hold a license. The Department shall, before revoking, suspending, placing on probation, reprimanding, or taking any other disciplinary action under Section 95 of this Act, at least 30 days before the date set for the hearing
(i)notify the accused, in writing, of any charges made and the time and place for the hearing on the charges,
(ii)direct the accused to file a written answer to the charges with the Board under oath within 20 days after the service upon the accused of the notice, and
(iii)inform the accused that, if the accused fails to answer, default will be taken against the accused and the accused's license may be suspended, revoked, placed on probationary status, or other disciplinary action taken with regard to the license, including limiting the scope, nature, or extent of the accused's practice, without a hearing, as the Department may consider proper. In case the person, after receiving notice, fails to file an answer, the person's license may, in the discretion of the Department, be suspended, revoked, placed on probationary status, or the Department may take whatever disciplinary action is 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 an action under this Act. The written notice may be served by mail to the address of record or by email to the email address of record.