Ill. Admin. Code tit. 68 § 1316.50

Current through Register Vol. 48, No. 45, November 8, 2024

Section 1316.50 - Rehabilitation

a) Upon written petition for restoration of a license from discipline pursuant to Section 1315.45, the Board shall consider, but is not limited to, the following in determining if the person is to be deemed sufficiently rehabilitated to warrant the public trust:

1) The seriousness of the offense that resulted in the disciplinary action being considered or being taken;

2) The length of time that elapsed since the disciplinary action was taken;

3) The profession, occupation, and outside activities in which the petitioner has been involved;

4) Any counseling, medical treatment, or other rehabilitative treatment received by the petitioner;

5) Compliance with Section 1316.55(c), except for payment of renewal fees, which is a condition for petitioning for restoration;

6) Continuing education courses or other types of courses taken to correct the grounds for the past disciplinary action;

7) Written reports and oral testimony by other persons relating to the skill, knowledge, honesty, integrity, and contriteness of the petitioner;

8) Restitution to injured parties;

9) Future plans of the petitioner;

10) Involvement of the petitioner's family and friends in the petitioner's rehabilitation process;

11) A written report of a physical or mental examination given by a physician selected by the Board and paid for by the petitioner;

12) Any other information evidencing rehabilitation that would bear upon the petitioner's request for restoration of a license;

13) Whether the order imposing sanctions was appealed and, if so, whether a reviewing court granted a stay or delay of imposition of the sanction;

14) The date and disposition of any other petition for restoration filed since the last sanction was imposed; and

15) Whether there has been compliance with any probationary terms imposed.

b) In addition to the factors contained in subsection (a), the Board may find that there is sufficient evidence in the record to recommend to the Director that the petitioner must also successfully complete a competency examination in compliance with Section 1316.25 and paid for by the petitioner, prior to restoration of a license.

Ill. Admin. Code tit. 68, § 1316.50

Adopted at 47 Ill. Reg. 17445, effective 11/13/2023