Illinois § 4-18.5

§ 4-18.5.

Citations. (a) The Department shall adopt rules to permit the issuance of citations for unlicensed practice, practice on an expired license, failure to register a salon or shop, operating a salon or shop on an expired registration, aiding and abetting unlicensed practice, failure to display a license as required by this Act, or any violation of sanitary rules. The citation shall be issued to the licensee or other person alleged to have committed one or more of the preceding violations and shall contain the licensee's or other person's name and address, the licensee's license number, if any, a brief factual statement, the Sections of this Act or the rules allegedly violated, and the penalty imposed, which shall not exceed $500. The citation must clearly state that if the cited person wishes to dispute the citation, he or she may request in writing, within 30 days after the citation is served, a hearing before the Department. If the cited person does not request a hearing within 30 days after the citation is served, then the citation shall become a final order and shall constitute discipline and any fine imposed is due and payable. If the cited person requests a hearing within 30 days after the citation is served, the Department shall afford the cited person a hearing conducted in the same manner as a hearing provided in this Act for any violation of this Act and shall determine whether the cited person committed the violation as charged and whether the fine as levied is warranted. No fine shall be increased but may be reduced. If the violation is found, any fine shall be due and payable within 30 days of the order of the Secretary. Failure to comply with any final order may subject the licensee or unlicensed person to further discipline or other action by the Department or a referral to the State's Attorney. (b) A citation must be issued within 6 months after the reporting of a violation that is the basis for the citation. (c) Service of a citation shall be made by personal service or certified mail to the licensee at the licensee's address of record or to an unlicensed person at his or her last known address. (d) Nothing in this Section shall prohibit or limit the Department from taking further action pursuant to this Act and rules for additional, repeated, or continuing violations. (Source: P.A. 99-427, eff. 8-21-15.) (Text of Section after amendment by P.A. 104-153) (Section scheduled to be repealed on January 1, 2031) Sec. 4-18.5. Citations. (a) The Department shall adopt rules to permit the issuance of citations for unlicensed practice, practice on an expired license, failure to register a salon or shop, operating a salon or shop on an expired registration, aiding and abetting unlicensed practice, failure to display a license as required by this Act, or any violation of sanitary rules. A nondisciplinary fee may be assessed for a first citation for any one of the violations. For additional citations, or if there are multiple violations cited, the Department may assess a nondisciplinary fee or a disciplinary fine, as provided by rule. The citation may be issued to the licensee or other person alleged to have committed one or more of the preceding violations and shall contain the licensee's or other person's name and address, the licensee's license number, if any, a brief factual statement, the Sections of this Act or the rules allegedly violated, and the penalty imposed, which shall not exceed $500 per violation. The citation must clearly state that if the cited person wishes to dispute the citation, the cited person may request in writing, within 30 days after the citation is served, a hearing before the Department. If the cited person does not request a hearing within 30 days after the citation is served, then the citation shall become a final order and, if issued with a disciplinary fine, shall constitute discipline and any nondisciplinary fee or fine imposed is due and payable. If the cited person requests a hearing within 30 days after the citation is served, the Department shall afford the cited person a hearing conducted in the same manner as a hearing provided in this Act for any violation of this Act and shall determine whether the cited person committed the violation as charged and whether the nondisciplinary fee or fine as levied is warranted. No nondisciplinary fee or fine shall be increased but may be reduced. If the violation is found, any nondisciplinary fee or fine shall be due and payable within 30 days of the order of the Secretary. Failure to comply with any final order may subject the licensee or unlicensed person to further discipline or other action by the Department or a referral to the State's Attorney. (b) A citation must be issued within 6 months after the reporting of a violation that is the basis for the citation. (c) Service of a citation shall be made by personal service or mail to the licensee or certificate of registration holder at the licensee's or certificate of registration holder's address of record or by email to the licensee's or certificate of registration holder's email address of record, or to an unlicensed person at the person's last known address and email address. (d) Nothing in this Section shall prohibit or limit the Department from taking further action pursuant to this Act and rules for additional, repeated, or continuing violations. (Source: P.A. 104-153, eff. 1-1-26.)