Ill. Admin. Code tit. 38, § 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.
Notes
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