(225 ILCS 447/45‑10) (Section scheduled to be repealed on January 1, 2014) Sec. 45‑10.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, or locksmith without a license.
(2) Operation of or attempt to operate a private
detective agency, private security contractor agency, private alarm contractor 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, 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 who violates any provision of this Section shall pay a
civil penalty to the Department in an amount not to exceed
$5,000 for each offense, as determined by the Department. The
civil penalty shall be imposed in accordance with this Act. (Source: P.A. 93‑438, eff. 8‑5‑03.)
(225 ILCS 447/45‑55) (Section scheduled to be repealed on January 1, 2014) Sec. 45‑55. Subpoenas. (a) The Department may subpoena and bring before it any
person to take the testimony 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. 93‑438, eff. 8‑5‑03.)
(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.)
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