225 ILCS 427/120: Appointment of a hearing officer.

(Section scheduled to be repealed on January 1, 2032)

The Secretary has the authority to appoint any attorney duly licensed to practice law in the State of Illinois to serve as the hearing officer in any action for refusal to issue or renew a license, or to discipline a licensee. The hearing officer has full authority to conduct the hearing. The hearing officer shall report the findings and recommendations to the Board and the Secretary.

The Board shall have 90 days from receipt of the hearing officer's report to review the report of the hearing officer and present the Board's findings of fact, conclusions of law, and recommendations to the Secretary. If the Board fails to present its findings of fact, conclusions of law, and recommendations within the 90-day time period, the Department may request in writing a direct appeal to the Secretary and the Secretary may issue an order based upon the report of the hearing officer and the record of the proceedings or issue an order remanding the matter back to the hearing officer for additional proceedings in accordance with the order. If the Board fails to present its findings of fact, conclusions of law, and recommendations within a 90-day time period after receiving an Order of Default, the Department may request in writing a direct appeal to the Secretary to issue a final order.

Notwithstanding any other provision of this Section, if the Secretary, upon review, determines that substantial justice has not been done in the revocation, suspension, or refusal to issue or renew a license or other disciplinary action taken as the result of the entry of the hearing officer's report, the Secretary may order a rehearing by the same or other examiners. If the Secretary disagrees in any regard with the recommendation of the Board or the hearing officer, the Secretary may issue an order in contravention of either recommendation.