Current through Register Vol. 48, No. 38, September 20, 2024
a) All actions conducted under the
jurisdiction of the SEPLB shall be initiated when the State Superintendent of
Education issues a written Notice of Opportunity for Hearing. The Notice shall
be served by the State Superintendent or designee upon the licensee and the
Secretary of the SEPLB.
b) The
Notice of Opportunity for Hearing shall include:
1) A Statement of Charges alleged against the
licensee, which shall consist of:
A) a short
and plain statement of the material allegations asserted,
B) the citations to the statutes and rules
that the licensee allegedly violated, and
C) the sanction recommended by the State
Superintendent of Education;
2) The legal authority and jurisdiction under
which the hearing is to be held;
3)
The address to which a licensee shall send the request for hearing in
accordance with subsection (e) of this Section;
4) A statement that failure to request a
hearing within 10 days after receipt of the Notice of Opportunity for Hearing
shall result in the recommended sanction set forth in the Notice immediately
taking effect; and
5) A statement
that upon the final order of the SEPLB to revoke or suspend a license, the
SEPLB or its designee shall report the final disposition of the licensee to the
National Association of State Directors of Teacher Education and Certification
(NASDTEC) Clearinghouse or its agent.
c) The service of a Notice of Opportunity for
Hearing on the licensee shall be complete when it has been:
1) served in person; or
2) sent by certified or registered United
States Mail, addressed to the last known address of the licensee; or
3) if service as described in subsection
(c)(1) or (c)(2) of this Section cannot be perfected, then a Notice of
Opportunity for Hearing shall be sent via regular United States Mail to the
last known address of the licensee, and the State Superintendent shall cause
publication to be made in some newspaper published in the county of the last
known address of this person. If there is no newspaper published in that
county, then the publication shall be in a newspaper published in an adjoining
county in this State having a circulation in the county in which action is
pending. The publication shall contain, at a minimum, notice of the pendency of
the State Superintendent's action; reference to the SEPLB as the relevant
tribunal; the name of the Secretary of the SEPLB; the name of the licensee; and
the date on or after which default may be entered against the licensee.
Pursuant to this subsection (c)(3), and for purposes of subsection (d) of this
Section, receipt shall be deemed to occur upon publication.
d) If and once a licensee has
requested a hearing in accordance with subsection (e) of this Section, any
subsequent documents related to the matter that are served via regular United
States Mail shall be sent to the address provided by the licensee on his or her
written request.
e) If a licensee
receiving a Notice of Opportunity for Hearing wishes to request a hearing, then
he or she must file a written request for hearing within 10 days after receipt.
1) The written request for hearing shall be
addressed to the State Superintendent of Education or designee, 100 North First
Street, Springfield, Illinois 62777, unless another address or an alternative
means of filing (such as electronic transmission or submission of facsimile
copies) is designated in the Notice of Opportunity for Hearing.
2) If the State Superintendent does not
receive from an individual a request for a hearing within 10 days after the
individual receives notice, the suspension or revocation shall immediately take
effect in accordance with the notice. [105 ILCS
5/21B-75]
f) When the request for hearing is received,
the State Superintendent or designee shall notify the Secretary of the SEPLB
and request a hearing officer be designated in accordance with Section
475.50
of this Part.
