Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 251 - FIRE EQUIPMENT DISTRIBUTOR AND EMPLOYEE STANDARDS › Subpart C - VIOLATIONS AND PENALTIES › Section 251.350 - Hearing Procedures for Formal Charges

Current through Register Vol. 48, No. 28, July 12, 2024
a) The procedures of this Section shall
				govern any appeal of formal charges seeking to impose disciplinary action under
				subsection (a) of Section 90 of the Act [225 ILCS
				217/90(a) ].
b) Each licensee whose conduct is the subject
				of a formal charge that seeks to impose disciplinary action against the
				licensee shall be served notice of the formal charge at least 30 calendar days
				before the date of the hearing. The hearing shall be presided over by a hearing
				officer authorized by the Office in compliance with the Illinois Administrative
				Procedure Act. Service shall be considered to have been given if the notice was
				personally received by the licensee or if the notice was mailed certified,
				return receipt requested, to the licensee at the licensee's last known address
				as listed with the Office.
c)
The notice of a formal charge shall consist at a minimum of the
				following information:
1)
The time, place, date
and nature
of the
				hearing
;
2) A statement of
				legal authority and jurisdiction under which the hearing is to be
				held;
3) A reference to the
				particular Sections of the substantive and procedural statutes and rules
				involved;
4) A short and plain
				statement of the matters asserted, the consequences of a failure to respond,
				and the case number or file number;
5) A statement
that the licensee
				shall appear personally at the hearing and may be represented by
				counsel
;
6) A statement
that the licensee
has
the right to produce witnesses
				and evidence on the licensee's behalf and the right to cross-examine
				witnesses
and object to evidence produced against the
				licensee;
7) A statement
that the hearing
can
result in disciplinary action
				being taken against the license
;
8) To the extent such information is
				available, the names, phone numbers, email addresses, and mailing addresses of
				the parties and designated agency contact, and if known, of any assigned
				hearing officer;
9) A statement
that rules for the conduct of these hearings exist and it may be in the
				licensee's best interest to obtain a copy,
and where the licensee can
				procure the rules of conduct of these hearings;
10) A statement
that
the
hearing officer authorized by the
Office will
preside
				at the hearing and
,
following the conclusion of
the
hearing
,
shall make findings of fact, conclusions of
				law and recommendations, separately stated, to the State Fire Marshal as to
				what disciplinary action, if any, should be imposed on the
				licensee
;
11) A statement
that the
Office
may continue
the
				hearing;
12)
That the
				licensee shall
submit a written response
to the charges with
				the State Fire Marshal under oath within 20
calendar
days
				after service of the notice;
[225 ILCS
				217/85(c) ]
13) A statement that failure to respond will
				result in a judgment against the person and can also result in disciplinary
				action being taken against the licensee;
14) A statement that the Office may set a
				pre-hearing conference; and
15) At
				any pre-hearing conference, or if none, prior to the start of the hearing, the
				parties shall exchange a list of those witnesses who may testify at hearing and
				any exhibits or documents that may be identified at hearing.