Ill. Admin. Code tit. 11, § 1800.615 - Requests for Hearing
a) If
the Board finds that an applicant is not suitable for licensure, it shall issue
the applicant a notice of denial.
b) The Board shall serve notice on the
applicant by e-mail pursuant to Section 1800.140, personal service, or U.S.
certified mail to the last known address of the applicant. Service is complete
upon transmission of the e-mail or four days after mailing.
c) Should an applicant wish to contest the
action the Board has taken regarding an application, the applicant must submit
a request for hearing to the Board.
d) All requests for hearing shall be in
writing. If a request for hearing is mailed, it shall include an original and
one copy. The request shall contain the following:
1) The name, current address and current
telephone number of the petitioner (the applicant);
2) Detailed reasons why and the facts upon
which the petitioner will rely to show that the petitioner is suitable for
licensure, including specific responses to any facts enumerated in the Board's
notice of denial;
3) A signature of
the petitioner;
4) A verification
of the petition in the following form:
"The undersigned certifies that the statements set forth in this request are true and correct, except as to matters therein stated to be on information and belief. As to such matters, the undersigned certifies as aforesaid that he/she verily believes the same to be true."; and
5) The request must be
notarized.
e) A request
for hearing must be made within 10 days after receipt of notice of denial from
the Board. A request shall be deemed filed on the date the e-mail was
transmitted or on which it is postmarked.
f) If a request for hearing is not filed
within 10 days after the receipt of notice from the Board, then the notice of
denial becomes the final order of the Board denying the applicant's license
application.
g) A request for
hearing shall be deemed granted unless denied. The Board may deny a request for
hearing if the statement of the reasons and facts that it contains does not
establish a prima facie case or fails to comply with any of the other
requirements of this Section. The Board's denial of a request for hearing is a
final decision and the denial of licensure becomes a final order on the date
the Board denies the request for hearing.
h) A request for hearing may not be withdrawn
or voluntarily dismissed if the Board determines that withdrawal or voluntary
dismissal is not in the best interests of the public and the video gaming
industry. If the Board allows a petitioner to withdraw a hearing request, the
initial notice of denial becomes a final Board order on the date leave to
withdraw is granted. If the petitioner does not prosecute his/her case after 21
days, the Board may move for entry of default judgment. Failure to prosecute
shall result in entry of default judgment against the petitioner.
i) The petitioner may submit a request for
hearing by:
1) personal delivery;
2) certified mail, postage prepaid;
3) overnight express mail, postage prepaid;
or
4) e-mail to an e-mail address
specified in the notice of denial.
j) All requests for hearing must be submitted
to the Administrator at the Board's offices in Chicago.
k) If a request is granted, an Administrative
Law Judge will be appointed to conduct a hearing.
Notes
Amended at 35 Ill. Reg. 1369, effective January 5, 2011
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