(Section scheduled to be repealed on January 1, 2030)

451 words·~2 min read·/il/chapter-225/act-330/1-22

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 29. Investigations; notice and hearing.

(a)The Department may investigate the actions of any applicant or of any person or entity holding or claiming to hold a license under this Act.

(b)Before the initiation of a formal complaint, the matter shall be reviewed by a subcommittee of the Board according to procedures established by rule for the Complaint Committee. If a subcommittee has not been formed, the matter shall proceed through the process as stated in subsection (c).

(c)The Department shall, before disciplining an applicant or licensee, at least 30 days prior to the date set for the hearing,

(i)notify the applicant or licensee in writing of the charges made and the time and place for the hearing on the charges,

(ii)direct the applicant or licensee to file a written answer to the charges under oath within 20 days after the service of the notice, and

(iii)inform the applicant or licensee that failure to file a written answer to the charges will result in a default being entered against the applicant or licensee.

(d)Written or electronic notice, and any notice in the subsequent proceeding, may be served by personal delivery, by email, or by mail to the applicant or licensee at his or her address of record or email address of record.

(e)At the time and place fixed in the notice, the Board or hearing officer appointed by the Secretary shall proceed to hear the charges and the parties and their counsel shall be accorded ample opportunity to present any statement, testimony, evidence, and argument as may be pertinent to the charges or to the applicant's or licensee's defense. The Board or hearing officer may continue the hearing from time to time.

(f)In case the licensee or applicant, after receiving the notice, fails to file an answer, the license may, in the discretion of the Secretary, having first received the recommendation of the Board, be suspended, revoked, or placed on probationary status, or be subject to whatever disciplinary action the Secretary considers 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.

(g)Persons who assist the Department as consultants or expert witnesses in the investigation or prosecution of alleged violations of the Act, licensure matters, restoration proceedings, or criminal prosecutions, are not liable for damages in any civil action or proceeding as a result of their assistance, except upon proof of actual malice. The Attorney General shall defend these persons in any such action or proceeding.