Ill. Admin. Code tit. 89, § 412.90 - Preliminary Suspension by Board Action
a) The Board may preliminarily suspend the
license of a direct child welfare service employee without a hearing,
simultaneously with the receipt of a complaint that contains sufficient
indications of reliability and suggests that the licensee may pose an imminent
danger to the public if allowed to continue practicing direct child welfare
services pending investigation or licensure action or pursuant to Section
412.50(a)(2) or
(12). OCWEL shall notify the licensee and the
licensee 's known child welfare employer of the preliminary suspension within
two business days. The Preliminary Suspension Notice will inform the licensee
that, if requested within 14 days after the date of the Notice, a hearing will
be scheduled. If requested, a post-preliminary suspension hearing will be
scheduled with the Administrative Hearing Unit within 30 calendar days after
the request for the hearing, but will be limited to the question of whether
preliminary suspension is warranted. The Notice of Preliminary Suspension
Hearing shall be sent to the licensee and the known child welfare employer of
the licensee . A Preliminary Suspension Notice shall state that the preliminary
suspension will expire at the conclusion of the OIG investigation and any
administrative or court action following the investigation. The Notice shall
also contain a short statement explaining the basis of the Board 's decision
that the complaint contained sufficient indications of reliability and
suggested that the licensee may pose an imminent danger to the public if
allowed to continue practicing direct child welfare services pending licensure
action or pursuant to Section
412.50(a)(2) or
(12). A full hearing on the charges will be
offered if charges are filed following completion of the investigation. At the
preliminary suspension hearing, the licensee can petition the ALJ for access to
the complaint based on a showing that examination of the complaint is relevant
to the preliminary suspension hearing.
b) If the OIG determines not to pursue
charges once a preliminary suspension has been issued, the OIG will notify
OCWEL of its intent not to file charges. OCWEL will then notify the licensee
and the licensee 's employer, if the licensee 's employer was notified of the
suspension, that the temporary suspension has been lifted.
c) The ALJ shall prepare a recommendation
with findings of fact and conclusions of law as to whether the preliminary
suspension was warranted. The ALJ shall submit the hearing record and
recommendation to the Board. The ALJ shall submit the recommendation to all
parties and notify all parties of the availability of the hearing record. The
Board shall have the decisionmaking authority.
Notes
Amended at 26 Ill. Reg. 16461, effective October 23, 2002
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