Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1110 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 1110.190 - Burden of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
a) The burden of
			 proof rests with the Division in all cases instituted by the Division by the
			 filing of a Complaint or Notice of Intent to Refuse to Renew. A recommendation
			 for discipline may be made by the Administrative Law Judge only when the
			 Division establishes by clear and convincing evidence that the allegations of
			 the Complaint or Notice are true.
b) The burden of proof in all cases
			 instituted by the filing of a Petition for Hearing rests with the Petitioner
			 except as provided in this Section. The Petitioner must prove by a
			 preponderance of the evidence that the license should be restored.
c) An action may be commenced by the Division
			 by the filing of a Notice of Intent to Deny issuance of a license or other
			 credential.
1) If the Notice of Intent to Deny
			 alleges that the applicant has violated a disciplinary provision of the
			 applicable professional Act, the Division has the burden of proof to prove by
			 clear and convincing evidence that the alleged violation occurred. Upon the
			 Division meeting this burden of proof, the Applicant then has the burden to
			 prove by a preponderance of the evidence that the license or other credential
			 should be granted. In any contested case in which the Notice of Intent to Deny
			 alleges that the applicant has violated a disciplinary provision of the
			 applicable professional Act, the sequence of the formal hearing shall be as if
			 the Division has the burden of proof. This provision does not apply in any
			 situation in which the relevant statute provides that no hearing shall be
			 held.
2) If the Notice of Intent to
			 Deny notifies the applicant that he or she does not meet the minimum
			 qualifications for a license or other credential and does not otherwise allege
			 applicant has violated a disciplinary provision of the applicable professional
			 Act, the applicant has the burden of proof to prove by a preponderance of the
			 evidence that the qualifications have been met. This provision does not apply
			 in any situation in which the relevant statute provides that no hearing shall
			 be held.
3) Upon a finding that the
			 applicant was previously convicted of a felony or misdemeanor that may be
			 grounds for refusing to issue a license or certification or to grant
			 registration, the Administrative Law Judge or Board making a recommendation
			 regarding a Notice of Intent to Deny shall consider the mitigating factors and
			 evidence of rehabilitation contained in the applicant's record, when allowed by
			 the DFPR Law, to determine whether a prior conviction will impair the ability
			 of the Applicant to engage in the practice for which a license, certificate or
			 registration is sought.
4) Upon
			 review of a previous conviction of an initial applicant for the purpose of
			 determining good moral character, the ALJ or Board making a recommendation
			 regarding a Notice of Intent to Deny shall consider evidence of rehabilitation
			 and mitigating factors in the applicant's record, when allowed by the DFPR
			 Law.