Current through Register Vol. 48, No. 38, September 20, 2024
a) The Department shall deny the application,
including a renewal application, of any person or organization that does not
satisfy all eligibility requirements for the license for which application is
made, or that is ineligible for a license under Section
435.150(a).
b)
The Department may, in its
discretion, suspend or revoke any license when it finds that the licensed
organization or any person connected therewith has violated or is violating the
provisions of the Act (Section 10 of the Act), or when it finds that
the licensed organization has become ineligible for any reason while the
license is in effect.
1) The Director may
review the offenses subjecting the licensee to revocation and may issue a
suspension. The decision to reduce a revocation to a suspension, and the
duration of the suspension, shall be made by taking into account factors that
include, but are not limited to, the licensee's previous history of compliance
with the Act and this Part, the number, seriousness, and duration of the
violations, and the licensee's cooperation in discontinuing and correcting
violations. Violations of Sections 4, 5, 6, 7, and 8 of the Act are considered
to be more serious in nature than other violations under the Act.
2) The effective date of a revocation or
suspension shall be not less than 25 days after the date the Department mails
the notice of revocation or suspension to the licensed organization. If the
licensed organization requests a hearing within 20 days as provided in
subsection (c)(2), the effective date of any revocation or suspension is stayed
pending the outcome of the hearing, and the licensed organization may continue
to operate under the license, unless the Department has determined that a
summary revocation or suspension is warranted, as provided in Section 13 of the
Act. If a license expires during a stay of revocation or suspension, the
licensed organization may apply for renewal pursuant to Section
435.120(a)(3).
Assuming the organization is otherwise eligible, the Department may issue a
renewed license. If the hearing officer determines that revocation is
warranted, the renewed license shall be summarily revoked.
3)
A revocation or suspension shall
be in addition to, and not in lieu of, any other civil or criminal penalties or
assessments authorized by the Act (Section 10 of the Act).
c) Notification of Denial,
Suspension or Revocation; Requests for Hearing
1) The Department shall send notices of
denial, suspension or revocation by certified mail, return receipt requested,
to the applicant or licensed organization at the mailing address stated on the
applicant's or licensed organization's most recent license application. All
such notices will include a statement of the reasons for the Department's
action.
2) An applicant or licensed
organization may request a hearing to contest a denial, suspension or
revocation. 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 licensed organization. If no hearing is
requested within 20 days, the Department's revocation, suspension or denial
becomes final, and the licensed organization is barred from operating. Hearings
shall be governed by the regulations established at 86 Ill. Adm. Code
200.
