§1232.160. Complaints; Investigations; Hearings

a)         Notice of Intent to Deny

 

1)         A refusal to issue a certificate of license shall be initiated by the filing of a Notice of Intent to Deny and issuance of a written Notice of Hearing. A Notice of Intent to Deny shall clearly state the facts that inform the applicant of the particular acts or circumstances complained of by ISP and the statutes or rules upon which the allegations in the Notice of Intent to Deny are based.

 

2)         A Notice of Intent to Deny and Notice of Hearing shall be served upon the applicant, by certified mail to the applicant's address of record, at least 30 days prior to the date set for hearing.  The Notices shall advise the applicant of the following:

 

A)        a written answer to the charges must be filed under oath within 20 days after service;

 

B)        failure to answer will result in a default being entered against the applicant; and

 

C)        the time and place for the hearing on the charges.

 

3)         Answers to the Notice of Intent to Deny shall be filed with ISP in the form and manner as provided for in Sections 1232.180, 1232.190 and 1232.200.

 

b)         Complaint for Discipline

 

1)         An action for discipline shall be initiated by ISP filing a written Complaint and issuance of a written Notice of Hearing. The Complaint shall clearly state the charges made and facts that inform the certified licensee of rules upon which the allegations in the Complaint and Notice are based.

 

2)         A copy of the Complaint and Notice shall be served upon the CL, by certified mail to the CL's address of record, at least 30 days prior to the date set for hearing and shall advise the CL of the following:

 

A)        a written answer to the charges must be filed under oath within 20 days after service;

 

B)        failure to answer will result in a default being entered against the CL; and

 

C)        the time and place for the hearing on the charges.

 

3)         Answers to the Complaint and Notice shall be filed with ISP as provided for in Sections 1232.180, 1232.190 and 1232.200.

 

c)         Investigations

 

1)         ISP may, as necessary, coordinate efforts with relevant local, State and federal law enforcement agencies to enforce the Act.  (Section 5-120 of the Act)

 

2)         Investigations may be prompted by citizen complaints made directly to ISP through ISP's website in a form and manner prescribed by ISP as directed on its website or forwarded to ISP by other law enforcement entities.

 

3)         Authority to Continue Operations

 

A)        Certified Licensees. A certified licensee may continue to operate during the course of an investigation or hearing unless the Director finds that the public interest, safety, or welfare requires emergency action.  (Section 5-100(d) of the Act) 

 

B)        Certification Applicants. An applicant who is served with a Notice of Intent to Deny, due to a determination by ISP that the applicant does not possess a currently valid FFL, shall be prohibited from operating during the course of the investigation or hearing, or unless and until ISP determines that the applicant possesses a currently valid FFL.

 

4)         Each certified licensee shall respond immediately to, and in no event later than 24 hours after the receipt of, a request by ISP for information contained in the records required to be kept by the Act as may be required for determining the disposition of one or more firearms in the course of a criminal investigation. The requested information shall be provided orally or in writing as ISP may require.

 

d)         Issuance of Subpoenas

 

1)         Upon application to a hearing officer appointed by the Director, the hearing officer may issue a subpoena requiring any person or entity to attend a hearing to give written or oral testimony.  The subpoena may include an order to produce books, papers, electronic records, or any other documents or tangible things designated in those materials that ISP deems directly relevant or material to an investigation or hearing and reasonably necessary to resolve the matter under consideration, subject to the same fees and in the same manner prescribed in civil cases in the courts of this State.

 

2)         Every subpoena shall state the title of the action and shall command each person to whom it is directed to attend and give testimony or produce documents, records or tangible things at the time and place specified in the subpoena.  Notice of the request for subpoena shall be served on all parties.

 

3)         The certified licensee may file an emergency motion with the Director or a hearing officer authorized by ISP to quash a subpoena issued by ISP.

 

4)         The Hearing Officer or the Director, upon timely made written motion, and, in any event, at or before the time specified in the subpoena for compliance, may quash or modify the subpoena if it is unreasonable and oppressive.  (Section 5-45 of the Act)

 

5)         Any application for subpoena must be submitted to the Hearing Office at least 10 days before the hearing.

 

e)         Hearings

 

1)         The hearing officer for contested hearings shall be an attorney licensed to practice law in Illinois appointed by the Director. The hearing officer may be disqualified for bias or conflict of interest.

 

2)         The procedures for the hearing shall be as described in Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100], unless other procedures are specifically described in this Section or as ordered by the hearing officer.

 

3)         A hearing may be postponed or continued for due cause by the hearing officer upon his or her own motion or upon motion of a party to the hearing.  Notice of any postponement or continuance shall be given in writing to all parties to the hearing within a reasonable time in advance of the previously scheduled hearing date, when feasible.  All parties involved in a hearing shall attempt to avoid undue delay caused by repetitive postponements or continuances so that the subject matter of the hearing may be resolved expeditiously.

 

4)         Failure of a CL to appear on the date set for hearing, or failure to proceed as ordered by the hearing officer, shall constitute a default.  The hearing officer shall thereupon enter such Findings, Conclusions of Law, and Recommendations as is appropriate under the pleadings and the evidence received into the record.

 

5)         The hearing officer's Findings, Conclusions of Law, and Recommendations shall be in writing and shall include Findings of Fact and Conclusions of Law, and Recommendations or Opinions separately stated when possible. Findings of Fact shall be based exclusively on the evidence presented at the hearing or known to all parties, including matters officially noticed. Findings of Fact shall be accompanied by a statement of the underlying supporting facts. If a party submits proposed Findings of Fact that may control the decision or order, the decision or order shall include a ruling upon each proposed finding. Each Conclusion of Law shall be supported by authority or reasoned opinion. A hearing officer's Recommendation shall not be made except upon consideration of the record as a whole or such portion of the record as may be supported by competent material and substantial evidence.

 

6)         The hearing officer shall submit his or her Findings, Conclusions of Law, and Recommendations to the Director within 45 days after the conclusion of the hearing.

 

7)         All hearings shall be conducted at a location determined by the Director.