Illinois Administrative Code

Section 1110.10 Definitions "Address of Record" means the address and/or email address required to be on file with the Department's Licensure Maintenance Unit by a licensee or, in the case of an unlicensed person, the most recent publicly ascertainable address. "Administrative La…

Section 1110.100 Failure to Appear Failure to appear at the time and place set for formal hearing shall be deemed a waiver of the right to present evidence unless otherwise reflected by order of the Administrative Law Judge. After presentation by the Division of proof that the Re…

Section 1110.110 Amendment, Withdrawal of Complaints and Petitions for Hearing a) The Complaint, Notice of Intent to Refuse to Renew, or Notice of Intent to Deny a License may be amended at any time, except in the course of the hearing without leave or approval of the Administrat…

Section 1110.120 Requirement of an Answer; Defaults a) In contested cases involving a Complaint and unless otherwise provided by law, the Respondent shall file an Answer within 20 days after the date on which the Complaint was filed. The Answer shall be in writing, signed by the …

Section 1110.125 Tax Default; Repayment a) Upon notice from the Illinois Department of Revenue that a person has failed to file a return, or to pay the tax, penalty, or interest, as required by any tax Act administered by the Illinois Department of Revenue, the Division of Profes…

Section 1110.130 Discovery a) Discovery shall not be the subject of motions presented to the Administrative Law Judge, except when a motion is made alleging failure to comply with this provision and requesting appropriate relief. b) Upon written request served on the opposing par…

Section 1110.140 Subpoenas a) The Chief Administrative Law Judge, or another Administrative Law Judge designated by the Chief, will issue subpoenas for the attendance of witnesses or production of books, records, documents or other evidence. b) Any Respondent or Petitioner seekin…

Section 1110.150 Prehearings a) After a case is instituted, upon the written motion of any party, or on his or her own motion, the Administrative Law Judge may direct the parties to attend a prehearing. b) Upon the request of any party, the prehearing will be conducted as a matte…

Section 1110.155 Remote Proceedings a) Preliminary hearings may be conducted remotely, either by teleconference or videoconference, provided that the Notice of Preliminary Hearing includes notice that the preliminary hearing will be conducted remotely and includes instructions fo…

Section 1110.160 Hearings The sequence to be followed for all contested cases is as follows: a) Preliminary Hearing. The purpose is to set a date on which all parties expect to be prepared to proceed with their cases, and to rule on any preliminary motions that are presented. b) …

Section 1110.170 Administrative Law Judges a) In any contested case, the Director shall appoint and employ an attorney, licensed to practice in Illinois, to serve as Administrative Law Judge on behalf of the Board. The Director may also appoint and employ an attorney, licensed to…

Section 1110.175 Disqualification of Administrative Law Judge a) An Administrative Law Judge may, on his/her own motion, recuse himself/herself from presiding over a matter due to conflict of interest or bias. b) At any time prior to the issuance of the Administrative Law Judge's…

Section 1110.180 Examination by the Board or Administrative Law Judge a) Any member of any Board, or any Administrative Law Judge, may examine any witness. b) Either party may object to specific questions asked by the Board member or ALJ. (Source: Amended at 43 Ill. Reg. 9969, ef…

Section 1110.190 Burden of Proof a) The burden of proof rests with the Division in all cases instituted by the Division by the filing of a Complaint or Notice of Intent to Refuse to Renew. A recommendation for discipline may be made by the Administrative Law Judge only when the D…

Section 1110.20 Institution of a Contested Case by the Division a) A contested case is instituted by the Division when a Complaint and Notice of Preliminary Hearing are filed with the Clerk of the Court and mailed or emailed to the Respondent's address of record. b) A Complaint s…

Section 1110.200 Documents a) Business records shall be admissible. A business record is: 1) Relevant; 2) A memorandum, report, record or data compilation; 3) Made by a person with first-hand knowledge of the facts or from information transmitted by a person with knowledge of tho…

Section 1110.210 Motions a) Motions will be made in writing, unless otherwise allowed by the Administrative Law Judge prior to or during the course of a hearing. Written motions are limited to the following: 1) To request dismissal of a Complaint for failure to state facts that, …

Section 1110.220 Evidence a) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence and privilege as applied in civil cases in the circuit courts of this State shall be followed. Evidence not admissible under those rules of evidence may be…

Section 1110.230 Adverse Witness a) Any party or witness may be called as an adverse witness. In such a case, examination of the witness will be allowed as if under cross-examination. b) Upon a showing that a witness was called in good faith, and that the party calling him is sur…

Section 1110.240 Administrative Law Judge and Board Reports and Orders of the Director a) In every contested case, except for defaults, the Administrative Law Judge will file a written Report and Recommendation that contains Findings of Fact and Conclusions of Law with respect to…

Section 1110.245 Privacy a) Any party may use initials or other identifiers to refer to any patient, client, alleged victim, or minor in any filing in place of that person's name. The party so doing shall provide to the opposing party and that party's counsel and to the Administr…

Section 1110.246 Record of Hearings a) The record of the hearing in a contested case shall include: 1) All pleadings presented before the Administrative Law Judge (including the Complaint, Notice of Intent to Deny, Notice of Intent to Refuse to Renew, Answer, Petition, all prehea…

Section 1110.250 Severability If any Section, subdivision, sentence or clause of this Part shall be held by a court of competent jurisdiction to be invalid, such holding shall not affect the remaining parts thereof.

Section 1110.270 Variances The Director may grant variances from this Part in individual cases in which he or she finds that: a) The provision from which the variance is granted is not statutorily mandated. b) No party will be injured by the granting of the variance. c) The rule …

Section 1110.30 Institution of a Contested Case by Petitioner a) A contested case is instituted by a Petitioner when a Petition for Hearing is filed with the Clerk of the Court. b) In a case in which a Petitioner is seeking restoration of a license that was revoked or suspended o…

Section 1110.40 Joinder In the interest of the efficient disposition of related cases, the Division may join cases relating to multiple Respondents without regard to whether the cases relate to the same license or profession so long as the cases involve issues of law or fact that…

Section 1110.5 Applicability This Part shall apply to all hearings conducted by the Division pursuant to the DFPR Law and other Acts under the jurisdiction of the Department. (Source: Amended at 43 Ill. Reg. 9969, effective September 13, 2019)

Section 1110.50 Form and Filing of Documents a) All documents filed or submitted to the Division in a contested case shall be typewritten on 8½- by 11-inch white paper. The first page of each document shall set forth the names of the parties and the docket number assigned to the …

Section 1110.60 Service a) Service of any document may be by mail or by personal delivery. Service may also be made by email to the Respondent, Petitioner or licensee to the address of record. Service upon an unlicensed person may only be made by mail to the most recent publicly …

Section 1110.70 Notice of Preliminary Hearing a) The Notice of Preliminary Hearing 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 to be held; 3) A reference to the parti…

Section 1110.80 Negotiations and Agreed Dispositions a) The Division and the Respondent or Petitioner may stipulate to facts and that stipulation may be used or otherwise admitted at the hearing. b) The Division and the Respondent or Petitioner may enter into a written agreement …

Section 1110.90 Representation a) A party may be represented by an attorney who is licensed in Illinois or by an attorney otherwise permitted by law to practice in the State. Attorneys who appear in a representative capacity must file written notice of appearance setting forth: 1…

Section 1110.APPENDIX A Caption for a Case Filed by the Division STATE OF ILLINOIS DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION DIVISION OF PROFESSIONAL REGULATION (or) DIVISION OF REAL ESTATE DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION ) of the State of Illinois, …

Section 1120.10 Statutory Authority This Part is promulgated pursuant to Section 2.05 of the Open Meetings Act (the Act) [5 ILCS 120]. (Source: Amended at 41 Ill. Reg. 976, effective January 27, 2017)

Section 1120.20 Purpose The purpose of these rules is to interpret and explain the "Open Meetings Act" in order to provide guidelines to promote complete understanding about the law and insure that meetings and hearings are: a) fair to the individual involved in departmental proc…

Section 1120.30 Proceedings May Be Recorded Proceedings at meetings and hearings required to be open to the public by the Act may be recorded audibly, visually, or by any other means by any person. Persons may be required to locate their cameras or other recording devices at a su…

Section 1120.40 Witness Refusal (Repealed) (Source: Repealed at 41 Ill. Reg. 976, effective January 27, 2017)

Section 1120.50 Proper Order and Decorum a) Members of the media like all other persons attending such hearing or meeting shall be as quiet and stationary as possible in the place where such meeting or hearing is being conducted. b) The use of flashbulbs or similar lighting devic…

Section 1120.55 Public Comments a) Pursuant to Section 2.06(g) of the Act, any person shall be permitted an opportunity to address the committee or board so long as the person's public comments: 1) preserve the decorum of the meeting; 2) are reasonably related to the committee's …

Section 1120.60 Granting Variances a) The Secretary may grant variances from this Part in individual cases when he or she finds that: 1) The provision from which the variance is granted is not statutorily mandated; 2) No party will be injured by the granting of the variance; and …

Section 1140.10 Definitions "Act" means the Acupuncture Practice Act [225 ILCS 2]. "ACAOM" means the Accreditation Commission for Acupuncture and Oriental Medicine, which is a U.S. Department of Education recognized body that accredits educational programs in the fields of acupun…

Section 1140.100 Unprofessional Conduct a) Pursuant to Section 110 of the Act, unethical, unauthorized or unprofessional conduct in the practice of acupuncture shall include, but not be limited to: 1) Procuring, attempting to procure or renewing a license by bribery or by fraudul…

Section 1140.110 Granting Variances The Director may grant variances from this Part in individual cases when he or she finds that: a) The provision from which the variance is granted is not statutorily mandated; b) No party will be injured by the granting of the variance; and c) …

Section 1140.20 Fees The following fees shall be paid to the Division and are not refundable: a) Application Fees 1) The fee for application for a license as an acupuncturist is $500. 2) The fee for application as a continuing education sponsor is $250. b) Renewal Fees 1) The fee…

Section 1140.30 Application for Licensure a) An applicant for licensure as an acupuncturist shall file an application with the Division that includes the following: 1) Acupuncture Program A) An official transcript certifying that the applicant has graduated from a school accredit…

Section 1140.35 Guest Instructor a) Any person not licensed in this State to practice acupuncture who is an invited guest of a professional acupuncture association, scientific acupuncture foundation, acupuncture training program or Division approved continuing education provider …

Section 1140.40 Acupuncture Programs The Division shall approve an applicant's acupuncture program if it meets the minimum criteria of subsection (a) and of either subsection (b) or (c). a) The school from which the applicant has graduated: 1) Is legally recognized and authorized…

Section 1140.50 Endorsement a) An applicant who is currently licensed as an acupuncturist under the laws of another state or territory of the United States who wishes to be licensed in Illinois as an acupuncturist shall file an application with the Division, together with: 1) One…

Section 1140.60 Renewals a) Every license issued under the Act shall expire on June 30 of odd numbered years. The holder of a license may renew such license during the month preceding the expiration date by paying the required fee. A renewal applicant will be required to complete…

Section 1140.70 Inactive Status a) A licensed acupuncturist who notifies the Division in writing, may place his or her license on inactive status and shall be excused from paying renewal fees until he or she notifies the Division in writing of the intention to resume active statu…