Current through Register Vol. 48, No. 38, September 20, 2024
a) The Department shall deny the application
of any person or organization which does not satisfy all eligibility
requirements for the license for which application is made, or which is
ineligible for a license under Section
430.150(a).
b) The Department shall suspend the license
of any person or organization which, while its license is in effect, becomes
ineligible for any reason. The suspension will remain in force until the person
or organization regains eligibility.
c) The Department shall issue a warning to
suspend or revoke the license of any person or organization violating the Act
or this Part.
1) Suspensions, revocations and
warnings imposed under this subsection will range in duration from one day to
one year. The choice and duration of sanctions will be made on a case by case
basis, and will be based on the licensee's history of compliance; the number,
seriousness, and duration of violations; the cooperation extended to the
Department by licensees in discontinuing and correcting violations; and the
sanctions imposed on others by the Department under similar
circumstances.
2) The effective
date of a suspension shall be not less than 25 days after the date the
Department mails the notice to the licensee. If the licensee requests a hearing
within 20 days as provided in subsection (d)(2) below, the effective date of
any suspension is stayed pending the outcome of the hearing, and the licensee
may continue to operate under the license. If a license expires during a stay
of suspension, the licensee may continue to operate only if a substantially
complete renewal application and application fee have been received by the
Department prior to the expiration of the license.
d) Notification of denial, warning,
suspension, or revocation; requests for hearing:
1) The Department shall send notices of
denial, warning, suspension, or revocation by certified mail, return receipt
requested, to the applicant or licensee at the mailing address stated on the
applicant's or licensee's most recent license application. All such notices
will include a statement of the reasons for the Department's action.
2) An applicant or licensee may request a
hearing to contest the Department's action pursuant to 86 Ill. Adm. Code 200.
The request shall be in writing, and must be received by the Department within
20 days after the date the Department mailed the notice of its action to the
applicant or licensee.
e) Any person who violates the Act, or any
person who files a fraudulent return under the Act, or any person who willfully
violates this Part, or any officer or agent of a corporation licensed under the
Act who signs a fraudulent return filed on behalf of such corporation is guilty
of a Class A Misdemeanor.
