Ill. Admin. Code tit. 74 § 310.80

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

Section 310.80 - Notice

a) Notice shall include:

1) A statement of the time, place and nature of the hearing;

2) A statement of the legal authority and jurisdiction under which the hearing is held;

3)Except where a more detailed statement is otherwise provided for by law, a short and plain statement of the matters asserted, the consequences of a failure to respond, and the official file or other reference number. [5 ILCS 100/10-25(a)(4)]

4)The names and mailing addresses of the hearing officer, all parties, and all other persons to whom the Office of the Comptroller gives notice, unless otherwise confidential by law. [5 ILCS 100/10-25(a)(5)]

b) The licensee will be given at least 10 days notice prior to the first date set for the preliminary hearing or hearings, as the case may be. Once notice is given, it will thereafter be the responsibility of the licensee to become acquainted with subsequent hearing dates.

c) Nothing in this Section will prevent the Comptroller from scheduling a hearing within 10 days, upon the agreement of the parties.

d) Any contention that improper notice was given will be deemed waived unless it is raised by the licensee prior to argument on any other motion or, if no other motions are presented, prior to the commencement of opening statements.

e) Proper notice is given when a notice is deposited with the U.S. Postal Service, by regular, certified or registered mail, postage prepaid, addressed to the licensee's last known address, or is delivered to the licensee by personal service.

Ill. Admin. Code tit. 74, § 310.80

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