Illinois Administrative Code
Title 32 - ENERGY
Part 422 - REGULATIONS FOR RADON SERVICE PROVIDERS
Section 422.120 - Disciplinary Action by the Agency
Current through Register Vol. 48, No. 12, March 22, 2024
a) The Agency may refuse to issue or to renew, or may suspend or revoke, a person's license, or take other disciplinary action as the Agency may deem proper, including fines not to exceed $1,000 for each violation, with regard to any license for any one or a combination of the following causes or those listed in Section 45 of the Radon Industry Licensing Act [420 ILCS 44/45 ]:
b) If, based upon any of the grounds in subsection (a) of this Section or Section 45 of the Radon Industry Licensing Act, disciplinary action is initiated, the Agency shall notify the person and shall provide an opportunity for a hearing in accordance with 32 Ill. Adm. Code 200. An opportunity for a hearing shall be provided before the Agency takes action to suspend or revoke a person's license, unless the Agency has evidence of imminent danger as provided in subsection (d) of this Section.
c) If the Agency finds that removal or refusal to issue or renew accreditation is warranted, the usual action shall be a suspension or denial of licensure for up to one year. The term of suspension or denial may be reduced by the Director, based upon evidence presented, if the conditions leading to the Preliminary Order for Suspension can be cured in less than 1 year. However, if the Agency finds that the causes are of a serious or continuous nature, such as past actions that posed an immediate threat to public health or safety, deficiencies that cannot be cured within one year or frequent child support arrearages, the Agency shall revoke the person's license or deny the application.
d) The Director may summarily suspend the license of a licensee without a hearing, simultaneously with the institution of proceedings for a hearing, if the Director finds that evidence in his or her possession indicates that continuation of the contractor in practice would constitute an imminent danger to the public. If the Director summarily suspends a license without a hearing, a hearing by the Agency shall be held within 30 days after the suspension has occurred and shall be concluded without appreciable delay. [420 ILCS 44/50 ] The hearing shall be held in accordance with 32 Ill. Adm. Code 200.
e) When a person's license is suspended or revoked, the person shall surrender the license to the Agency and cease licensed activities.
f) A person whose license has been revoked may seek reinstatement of the license by filing with the Agency a petition for reinstatement. Petitions may be filed one year or more after the beginning of the revocation period. The person shall be afforded a hearing in accordance with 32 Ill. Adm. Code 200 and shall bear the burden of proof of establishing that the license should be reinstated due to rehabilitation or other just cause.
g) A person who violates any provisions of this Part shall be guilty of a business offense and shall be assessed a penalty in accordance with Section 35 of the Act.