Ill. Admin. Code tit. 32, § 422.120 - Disciplinary Action by the Agency
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 ]:
1) Knowingly
causing a material misstatement or misrepresentation to be made in the
application for a license, if such misstatement or misrepresentation would
impair the Agency 's ability to assess and evaluate the applicant's
qualifications for a license pursuant to this Part, such as a misstatement or
misrepresentation regarding training or experience;
2) Willfully evading the statute or
regulations pertaining to a license, or willfully aiding another person in
evading the statute or regulations pertaining to a license;
3) Having been convicted in any state of a
crime that is a felony under the laws of this State or having been convicted of
a felony in a federal court, unless such individual demonstrates to the Agency
that he/she has been sufficiently rehabilitated to warrant the public
trust;
4) Misrepresenting the
capabilities of a device for detecting and measuring radon or radon progeny or
misrepresenting the results of a test to detect or measure radon or radon
progeny;
5) Gross and willful
overcharging for professional services, including filing false statements for
collection of fees or moneys for which services are not rendered;
6) A person knowingly makes a false material
statement to an Agency employee during the course of official Agency
business;
7) Failure to make
records available for audit or inspection at all reasonable times, such as
during usual business hours;
8)
Failing, within 60 days, to provide information in response to a written
request made by the Agency that has been sent by mail to the licensee's last
known address [420 ILCS
44/45(g) ];
9) Failure to file a return or to pay the
tax, penalty or interest shown in a filed return, or to pay any final
assessment of tax, penalty, or interest, as required by a tax Act administered
by the Department of Revenue, until such time as the requirements of any such
tax Act are satisfied [420 ILCS
44/45(q) ];
10) Failing to repay an education loan
guaranteed by the Illinois Student Assistance Commission as provided in Section
80 of the Nuclear Safety Law of 2004 [20
ILCS 3310/80 ]; or
11) Failing to meet child support orders as
required in Section 10-65 of the Illinois Administrative Procedure Act
[5 ILCS 100/10-65 ]. The
action will based solely upon the certification of delinquency made by the
Department of Healthcare and Family Services, Division of Child Support
Enforcement, or the certification of violation made by the court. Further
process, hearing or redetermination of the delinquency or violation by the
Agency shall not be required (see IAPA Section 10-65(c)).
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 .
Notes
Amended at 37 Ill. Reg. 20240, effective December 9, 2013
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