Ill. Admin. Code tit. 74 § 310.40

Current through Register Vol. 48, No. 50, December 13, 2024

Section 310.40 - Institution of a Contested Case by Petitioner

a) A contested case is instituted by a petitioner when a Petition for Hearing is mailed to the Comptroller, Attention: Legal Department.

b) In a case in which a petitioner is seeking restoration of a license that was revoked or suspended, the Petition for Hearing shall be in writing, signed by the petitioner, and shall set forth:

1) The number of the certificate that was suspended or revoked;

2) The docket number of the case;

3) The date on which the suspension or revocation was ordered;

4) Whether an order has been entered appointing a Receiver and, if so, whether that order has been appealed;

5) Whether the order that suspended or revoked the license was appealed and, if so, whether a stay of the imposition of the Comptroller's order was granted by any reviewing court;

6) All dates and types of employment held since the date of the Comptroller's order;

7) Any arrests or convictions since the date of the Comptroller's order; and

8) Date and disposition of any other petitions for restoration filed since the date of the Comptroller's order.

c) In a case in which a petitioner seeks to contest a decision by the Comptroller to deny his or her application for licensure, the Petition for Hearing shall be in writing, signed by the petitioner, and shall state with specificity the particular reasons why the applicant believes that the action by the Comptroller to deny licensure was incorrect.

d) Upon receipt by the Comptroller of a properly completed Petition for Hearing (eg., completed in accordance with this Section or Sections 310.30, 310.60 and 310.80) , a case will be docketed and notice will be sent to the petitioner setting forth the date, time and place of hearing.

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]

Ill. Admin. Code tit. 74, § 310.40

Amended at 42 Ill. Reg. 16010, effective 8/1/2018