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Article 45 - Investigation And Hearing Provisions

 
    (225 ILCS 447/Art. 45 heading)ARTICLE 45. INVESTIGATION AND HEARING PROVISIONS (Article scheduled to be repealed on January 1, 2014)

(225 ILCS 447/45‑10)     (Section scheduled to be repealed on January 1, 2014)     Sec. 45‑10. Complaints investigated by the Department.     (a) The Department shall investigate all complaints concerning violations regarding licensees or unlicensed activity.     (b) Following an investigation, the Department may file formal charges against the licensee. The formal charges shall inform the licensee of the facts that are the basis of the charges with enough specificity to enable the licensee to prepare an intelligent defense.     (c) Each licensee whose conduct is the subject of a formal charge that seeks to impose disciplinary action against the licensee shall be served notice of that charge at least 30 days before the date of the hearing. The hearing shall be presided over by a Board member or by a hearing officer authorized by the Department. Service shall be considered to have been given if the notice was personally received by the licensee or if the notice was mailed by certified mail, return receipt requested, to the licensee at the licensee's address on file with the Department.     (d) The notice of formal charges shall consist of the following information:         (1) The time, place, and date of the hearing.         (2) That the licensee shall appear personally at the

hearing and may be represented by counsel.

(3) That the licensee may produce witnesses and

evidence on his or her behalf and has the right to cross‑ examine witnesses and evidence produced against him or her.

(4) That the hearing could result in disciplinary

action.

(5) That rules for the conduct of hearings are

available from the Department.

(6) That a hearing officer authorized by the

Department shall conduct the hearing and, following the conclusion of that hearing, shall make findings of fact, conclusions of law, and recommendations, separately stated, to the Board as to what disciplinary action, if any, should be imposed on the licensee.

(7) That the licensee shall file a written answer

to the Board under oath within 20 days after the service of the notice, and that if the licensee fails to file an answer default will be taken and the license or certificate may be suspended, revoked, or placed on probationary status, or other disciplinary action may be taken, including limiting the scope, nature, or extent of practice, as the Director may consider proper.

In case the licensee, after receiving notice, fails

to file an answer, that person's license or certificate may, in the discretion of the Director, having received first the recommendation of the Board, be suspended, revoked, or placed on probationary status; or the Director may take whatever disciplinary action is considered under this Act, including limiting the scope, nature, or extent of the person's practice, without a hearing, if the act or acts charged constitute sufficient grounds for the action under this Act.

(Source: P.A. 93‑438, eff. 8‑5‑03.)

(225 ILCS 447/45‑15)     (Section scheduled to be repealed on January 1, 2014)     Sec. 45‑15. Hearing; rehearing; public record.     (a) The Board or the hearing officer authorized by the Department shall hear evidence in support of the formal charges and evidence produced by the licensee. At the conclusion of the hearing, the Board shall make findings of fact, conclusions of law, and recommendations and submit them to the Director and to all parties to the proceeding.     (b) The Board's findings of fact, conclusions of law, and recommendations shall be served on the licensee in the same manner as was the service of the notice of formal charges. Within 20 days after the service, any party to the proceeding may present to the Director a motion, in writing, specifying the grounds for a rehearing or reconsideration of the decision or sanctions.     (c) The Director, following the time allowed for filing a motion for rehearing or reconsideration, shall review the Board's findings of fact, conclusions of law and recommendations and any subsequently filed motions. After review of the information, the Director may hear oral arguments and thereafter shall issue an order. The report of findings of fact, conclusions of law and recommendations of the Board shall be the basis for the Department's order. If the Director finds that substantial justice was not done, the Director may issue an order in contravention of the Board's recommendations. The Director shall provide the Board with a written explanation of any deviation and shall specify the reasons for the action. The findings of the Board and the Director are not admissible as evidence against the person in a criminal prosecution brought for the violation of this Act.     (d) All proceedings under this Section are matters of public record and shall be preserved.     (e) Upon the suspension or revocation of a license, the licensee shall surrender the license to the Department and, upon failure to do so, the Department shall seize the same. (Source: P.A. 93‑438, eff. 8‑5‑03.)

(225 ILCS 447/45‑20)     (Section scheduled to be repealed on January 1, 2014)     Sec. 45‑20. Temporary suspension of a license. The Director may temporarily suspend a license without a hearing, simultaneously with the initiation of the procedure for a hearing provided for in this Act, if the Director finds that evidence indicates that a licensee's continuation in business would constitute an imminent danger to the public. If the Director temporarily suspends a license without a hearing, a hearing by the Department shall be held within 30 days after the suspension has occurred. (Source: P.A. 93‑438, eff. 8‑5‑03.)

(225 ILCS 447/45‑25)     (Section scheduled to be repealed on January 1, 2014)     Sec. 45‑25. Disposition by consent order. Disposition may be made of any charge by consent order between the Department and the licensee. The Board shall be apprised of the consent order at its next meeting. (Source: P.A. 93‑438, eff. 8‑5‑03.)

(225 ILCS 447/45‑30)     (Section scheduled to be repealed on January 1, 2014)     Sec. 45‑30. Restoration of license after disciplinary proceedings. The Department shall reinstate any license to good standing under this Act upon recommendation to the Director, after a hearing before the Board or a hearing officer authorized by the Department. The Department shall be satisfied that the applicant's renewed practice is not contrary to the public interest. (Source: P.A. 93‑438, eff. 8‑5‑03.)

(225 ILCS 447/45‑35)     (Section scheduled to be repealed on January 1, 2014)     Sec. 45‑35. Cease and desist orders. Whenever the Department has reason to believe a person, firm, corporation, or other legal entity has violated any provision of Section 10‑5, the Department may issue a rule to show cause why an order to cease and desist should not be entered against that person, firm, corporation, or other legal entity. The rule shall clearly set forth the grounds relied upon by the Department and shall provide a period of 7 days from the date of the rule to file an answer to the satisfaction of the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately. (Source: P.A. 93‑438, eff. 8‑5‑03.)

(225 ILCS 447/45‑40)     (Section scheduled to be repealed on January 1, 2014)     Sec. 45‑40. Administrative review. All final administrative decisions of the Department are subject to judicial review under Article III of the Code of Civil Procedure. The term "administrative decision" is defined as in Section 3‑101 of the Code of Civil Procedure. The proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for review resides; but if the party is not a resident of Illinois, the venue shall be in Sangamon County. The Department shall not be required to certify any record to the court or file any answer in court or otherwise appear in any court in a judicial review proceeding, unless there is filed in the court with the complaint a receipt from the Department acknowledging payment of the costs of furnishing and certifying the record. Costs shall be computed at the cost of preparing the record. Exhibits shall be certified without cost. Failure on the part of the applicant or licensee to file a receipt in court is grounds for dismissal of the action. During all judicial proceedings incident to a disciplinary action, the sanctions imposed upon a licensee by the Department shall remain in effect, unless the court determines justice requires a stay of the order. (Source: P.A. 93‑438, eff. 8‑5‑03.)

(225 ILCS 447/45‑45)     (Section scheduled to be repealed on January 1, 2014)     Sec. 45‑45. Prima facie proof. An order of revocation or suspension or placing a license on probationary status or other disciplinary action as the Department may consider proper or a certified copy thereof, over the seal of the Department and purporting to be signed by the Director, is prima facie proof that:         (1) the signature is that of the Director;         (2) the Director is qualified to act; and         (3) the members of the Board are qualified to act. (Source: P.A. 93‑438, eff. 8‑5‑03.)

    (225 ILCS 447/45‑50)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 45‑50. Unlicensed practice; fraud in obtaining a license.
    (a) A person who violates any of the following provisions shall be guilty of a Class A misdemeanor; a person who commits a second or subsequent violation of these provisions is guilty of a Class 4 felony:
        (1) The practice of or attempted practice of or

holding out as available to practice as a private detective, private security contractor, private alarm contractor, fingerprint vendor, or locksmith without a license.

(2) Operation of or attempt to operate a private

detective agency, private security contractor agency, private alarm contractor agency, fingerprint vendor agency, or locksmith agency without ever having been issued a valid agency license.

(3) The obtaining of or the attempt to obtain any

license or authorization issued under this Act by fraudulent misrepresentation.

(b) Whenever a licensee is convicted of a felony related to the violations set forth in this Section, the clerk of the court in any jurisdiction shall promptly report the conviction to the Department and the Department shall immediately revoke any license as a private detective, private security contractor, private alarm contractor, fingerprint vendor, or locksmith held by that licensee. The individual shall not be eligible for licensure under this Act until at least 10 years have elapsed since the time of full discharge from any sentence imposed for a felony conviction. If any person in making any oath or affidavit required by this Act swears falsely, the person is guilty of perjury and may be punished accordingly.     (c) In addition to any other penalty provided by law, a person, licensed or unlicensed, who violates any provision of this Section shall pay a civil penalty to the Department in an amount not to exceed $10,000 for each offense, as determined by the Department. The civil penalty shall be imposed in accordance with this Act. (Source: P.A. 95‑613, eff. 9‑11‑07.)

    (225 ILCS 447/45‑55)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 45‑55. Subpoenas.
    (a) The Department, with the approval of a member of the Board, may subpoena and bring before it any person to take the oral or written testimony or compel the production of any books, papers, records, or any other documents that the Secretary or his or her designee deems relevant or material to any such investigation or hearing conducted by the Department with the same fees and in the same manner as prescribed in civil cases.
    (b) Any circuit court, upon the application of the licensee, the Department, or the Board, may order the attendance of witnesses and the production of relevant books and papers before the Board in any hearing under this Act. The circuit court may compel obedience to its order by proceedings for contempt.
    (c) The Director, the hearing officer or a certified shorthand court reporter may administer oaths at any hearing the Department conducts. Notwithstanding any other statute or Department rule to the contrary, all requests for testimony, production of documents or records shall be in accordance with this Act.
(Source: P.A. 95‑613, eff. 9‑11‑07.)

(225 ILCS 447/45‑60)     (Section scheduled to be repealed on January 1, 2014)     Sec. 45‑60. Stenographers. The Department, at its expense, shall provide a stenographer to preserve a record of all hearing and pre‑hearing proceedings if a license may be revoked, suspended, or placed on probationary status or other disciplinary action is taken. The notice of hearing, the complaint, all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, the report of the Board, and the orders of the Department shall constitute the record of the proceedings. The Department shall furnish a transcript of the record upon payment of the costs of copying and transmitting the record. (Source: P.A. 93‑438, eff. 8‑5‑03.)