Sec. 5-95. Complaints; investigations; hearings.

345 words·~2 min read·/il/chapter-430/act-68/5-95

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

(a)The Illinois State Police may investigate the actions of any applicant or of any person or persons holding or claiming to hold a license or registration under this Act.

(b)The Illinois State Police shall, before disciplining a licensee under Section 5-85 or refusing to issue a certificate of license, at least 30 days before the date set for the hearing,

(i)notify the accused in writing of the 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 under oath within 20 days after service, and

(iii)inform the licensee that failure to answer will result in a default being entered against the licensee.

(c)At the time and place fixed in the notice, the Director or the hearing officer appointed by the Director 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 arguments. The Director or hearing officer may continue the hearing from time to time. In case the person, after receiving the notice, fails to file an answer, his, her, or its license may, in the discretion of the Director, having first received the recommendation of the Director, be suspended, revoked, or placed on probationary status, or be subject to whatever disciplinary action the Director considers proper, including limiting the scope, nature, or extent of the person's business, or the imposition of a fine, without hearing, if the act or acts charged constitute sufficient grounds for that action under this Act.

(d)The written notice and any notice in the subsequent proceeding may be served by certified mail to the licensee's address of record.

(e)The Director has the authority to appoint any attorney licensed to practice law in this State to serve as the hearing officer in any action for refusal to issue, restore, or renew a license, or to discipline a licensee. The hearing officer has full authority to conduct the hearing.