Ill. Admin. Code tit. 38 § 100.30

Current through Register Vol. 48, No. 50, December 13, 2024

Section 100.30 - Petition for Hearing

a) A person or entity subject to an Administrative Decision may file a Petition for Hearing when the person or entity is entitled to a Hearing under the Applicable Act. A third-party person or entity that is not the subject of an Administrative Decision may file a Petition for Hearing when the third-party person or entity is entitled to a Hearing under the Applicable Act.

b) A Petition for Hearing must be filed with the Recordkeeper within the time period required under the Applicable Act after service of an Administrative Decision upon the Petitioner. If the Applicable Act does not provide for this time period, then a Petition for Hearing must be filed with the Recordkeeper within 10 days after service of an Administrative Decision upon the Petitioner.

c) In a case in which a Petitioner is contesting a fine, revocation, suspension, cease and desist, probation, refusal to renew a license or any other disciplinary action, the Petition for Hearing shall be in writing, signed by the Petitioner, and shall set forth the:

1) Petitioner's license number, if applicable;

2) Docket number of the Administrative Decision that resulted in discipline, if applicable; and

3) Date of the contested Administrative Decision.

d) In a case in which the Petitioner, as an Applicant, seeks to contest an Administrative Decision to deny an application for licensure, the Petition for Hearing will be in writing, signed by the Petitioner, and will state with specificity the particular reasons why the Petitioner believes that the decision to deny licensure was incorrect.

e) Upon receipt by the Recordkeeper of a properly completed Petition for Hearing and completion of all the requirements of this Section, a case will be docketed, and notice sent to the Petitioner setting forth the date, time, and place of the Hearing.

Ill. Admin. Code tit. 38, § 100.30

Adopted at 45 Ill. Reg. 12525, effective 9/23/2021.