§310.30. Institution of a Contested Case by the Department  


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  • a)         A contested case is instituted by the Department when a Complaint and notice are:

     

    1)         deposited with the U.S. Postal Service by regular, certified or registered mail, postage prepaid, addressed to the licensee's last known address;

     

    2)         or delivered to the licensee by personal service.

     

    b)         A Complaint shall be in writing, be signed by the Director, and include a clear statement of the acts or omissions alleged to violate a statute or rule and citation of the statute or rule.

     

    c)         A notice shall be in writing, shall contain the date, time, place and nature of the hearing to be held, shall refer to the Comptroller's Rules of Practice, and shall comply with the notice requirements of Section 310.80.

     

    d)         In addition, prior to refusing to issue, revoking or suspending a license, the Comptroller shall institute a contested case as provided in this Section.

     

    e)         Unless precluded by law, disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default. [5 ILCS 100/10-25]

     

(Source:  Amended at 42 Ill. Reg. 16010, effective August 1, 2018)