Ill. Admin. Code tit. 68, § 1110.20 - Institution of a Contested Case by the Division
a) A contested case is instituted by the
Division when a Complaint and Notice of Preliminary Hearing are filed with the
Clerk of the Court and mailed or emailed to the Respondent's address of
record.
b) A Complaint shall be in
writing, signed by a Chief of Prosecution, and shall include a clear statement
of the acts or omissions alleged to violate a statute or rule and the citation
of the particular Sections of the substantive and procedural statutes and rules
involved. Any allegation of a violation of a statute or rule under the
administration of the Department that is premised on a violation of another
State or federal statute or rule shall identify that State or federal statute
or rule.
c) The Notice of
Preliminary Hearing shall be in writing and shall contain the date, time, place
and nature of the hearing to be held, shall refer to the Division's Rules of
Practice, and shall comply with the Notice requirements of Section
1110.70.
d) A contested case is also instituted by the
Division when a Notice of Intent to Refuse to Renew is filed with the Clerk of
the Court and mailed or emailed to the Respondent's address of
record.
e) A Notice of Intent to
Refuse to Renew shall be in writing and signed by a Chief of Prosecution, shall
include a clear statement of the acts or omissions alleged to violate a statute
or rule, and shall include the citation of the particular Sections of the
substantive or procedural statutes and rules involved. Any allegation of a
violation of a statute or rule under the administration of the Department that
is premised on a violation of another State or federal statute or rule shall
identify that State or federal statute or rule. It shall notify the licensee
that the licensee must request a hearing to contest the notice within 30 days
after service and, if a request is not filed within that time, the Director may
issue an order refusing renewal of the license. Upon receipt by the Clerk of
the Court of a properly completed request for hearing, a case will be docketed
and notice sent to the Respondent setting forth the date, time and place of
hearing.
f) The procedures for
Rules to Show Cause for each profession are described in the applicable
professional Act. If the Division is seeking a civil penalty for unlicensed
practice, the Division shall file a Complaint and Notice of Preliminary Hearing
in the same manner as set forth in this Section.
g) Any Notice of Preliminary Hearing or
Notice of Intent to Refuse to Renew prepared under the provisions of this
Section pertaining to a person licensed under the Real Estate License Act of
2000 [ 225 ILCS 454 ] shall also be addressed to and served upon that person's
managing broker and sponsoring broker.
Notes
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