PROSECUTIONS

Completed investigations in which there appears to be sufficient evidence of a violation are forwarded to the Division's Prosecutions staff for review. Cases are assigned to a prosecuting attorney, and may be more fully investigated but with a focus toward filing formal administrative charges against the licensee for specific violations. If the staff attorney concludes that the matter has been sufficiently investigated and there is evidence supporting the complaint, formal charges are filed. Depending upon the circumstances of the case, the Division and the licensee may enter into a negotiated agreement regarding the level of discipline to be imposed upon the licensee. Such an agreement would be reduced to writing and presented to the respective professional board or committee for its consideration. The board or committee's recommendations would then be presented to the Director of the Department for consideration and approval.

In instances where a formal disciplinary hearing is necessary, a formal complaint is drawn up and filed. The hearing is held before the respective professional board or committee and the Division Hearing Officer. The hearing is an administrative law proceeding conducted pursuant to the Illinois Civil Administrative Code and other relevant statutes and rules.

After the hearing, the board or committee delivers to the Director its findings, conclusions, and recommendations. Disciplinary action may include termination of a license, revocation, suspension, probation, reprimand, and censure. The license may also be ordered to remain in good standing. In addition, Illinois law allows for the imposition of fines for any of the professions regulated by the Division. When ordering disciplinary action, the Director often accepts the recommendations of the board or committee but is not required to do so.

Following a final decision by the Director, the licensee has 35 days to make an appeal in circuit court under the Illinois Administrative Review Act. In some cases, an appeal may be carried as far as the United States Supreme Court.

Investigations referred for criminal prosecution have resulted in numerous criminal convictions. Criminal violations include unlicensed practice of various professions, theft, forgery, unlawful use of weapons, diversions of controlled substances to illegal use and other related offenses.