Illinois Administrative Law

We practice Administrative Law & Professional License Defense in Illinois

Illinois Administrative Law

Schaumburg, Illinois (Chicago) Office
(By Appointment Only)

Law Offices of Seth Weinstein, P.C.
1901 N. Roselle Road, Suite 800, Schaumburg, IL 60195
P: (847) 495-8309
F: (818) 475-1945
E: [email protected]

Illinois Administrative Law Attorney

The firm’s Chicago area contact information is:

1901 N. Roselle Road Suite 800
Schaumburg, IL 60195
(847) 495-8309

Our firm practices Illinois Administrative Law. Administrative Law is the laws, regulations and rules that governs disciplinary proceedings with government agencies and other public entities. Millions of individuals and businesses in Illinois maintain licenses issued by Illinois Administrative Licensing Boards. These licenses and permits are often subject to disciplinary action by Illinois Administrative licensing entities. Many other individuals in Illinois are subject to the regulatory oversight of Illinois state and local agencies. The Illinois Administrative Law disciplinary process is complex, procedural and time consuming. Individuals facing Administrative Law proceedings in Illinois should seek legal representation from an experienced Illinois Administrative Law Defense Attorney. Administrative Law in Illinois involves several different practice areas: The firm represents clients in the following legal matters:

Illinois Administrative Law Investigations Lawyer

The majority of Illinois Administrative disciplinary investigations begin with the filing of a consumer Complaint. However, disciplinary investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The Illinois Department of Financial & Professional Regulation (IDFPR) utilizes non sworn civilian investigators to conduct non criminal investigations. In some cases, local police will conduct criminal investigations arising from criminal law. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the Illinois Administrative Law disciplinary process. At the conclusion of a Illinois Administrative Law investigation, the Illinois licensing entity has several options. The Illinois Administrative Law agency can choose to close the Complaint. The Illinois Administrative agency can choose to issue a Citation. Illinois Administrative entities can also choose to refer the matter to its respective legal counsel for the filing of formal Administrative disciplinary charges, generally called a Complaint. State legal counsel will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Illinois Administrative Law agency may refer the case to the County State’s Attorney’s Office for criminal prosecution. If you are an Illinois Professional License holder facing an Illinois Administrative Law investigation, contact an Illinois Administrative Law Defense Attorney for representation.

Illinois License Complaint Defense Attorney

A formal Complaint served on a Illinois Professional License holder serves as notice to a licensee that the Administrative Law agency intends to revoke the Business or Professional License. The licensee, now called the Respondent, must file an Answer to the Complaint. The failure to file an Answer to the Complaint results in a Default against the Illinois Professional licensee. A Default will result in the immediate Revocation of the Illinois Administrative license.

A formal Complaint is a serious matter that can result in the suspension or revocation of a Business or Professional License in Illinois. In many cases, it is possible for licensees to reach a Consent Agreement with Illinois Administrative Licensing Board. A Consent Agreement is a formal term for a settlement agreement. If a Consent Agreement cannot be reached, the parties will proceed to a formal Hearing before the IDFPR Administrative Law Court or similar Administrative Law Hearing venue. In many cases, IDFPR will also issue a Preliminary Hearing date. At the Preliminary Hearing Court date, there will be an opportunity to discuss evidence and settlement. Licensees facing an Illinois Licensing Board Accusation should contact an experienced Illinois Administrative Law Defense Lawyer for representation.

Illinois Administrative Law Hearing Defense Attorney

The IDFPR Administrative Law Court hears most Administrative Law disciplinary matters. Most Illinois Department of Financial and Medical Regulation Hearings occur in Chicago. A small portion of Hearings occur in Springfield. The IDFPR Administrative Law Court will set a Hearing date. A Hearing date is a trial date. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

The Administrative Law Judge, or ALJ, will issue a written Findings of Fact, Conclusions of Law, and Recommendations. The Illinois licensing agency can adopt, modify or reject the ALJ’s Findings of Fact, Conclusions of Law, and Recommendations. The Illinois State Licensing Board then makes a disciplinary recommendation to the IDFPR Director or acts on its own accord. The final disposition is called the Final Order of Discipline. The licensee may have additional time to author a response to the Final Order of Discipline. Licensed professionals can appeal a Final Order to Discipline. Final Order of Discipline Appeals are made before the Circuit Court in the County where the Hearing occurred. Illinois Business and Professional licensees facing an Illinois  Licensing Board Administrative Law Hearing need effective representation from an Illinois Administrative Hearing Defense Lawyer.

Illinois Administrative Law and Criminal Convictions

Illinois Administrative Licensing Boards can discipline licensee owners, officers and managers for criminal convictions. Administrative Law discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of the respective Business or Professional License. Common criminal offenses that can cause Illinois Administrative License discipline are:

  • Diverting a Controlled Substance
  • Domestic Violence
  • DUI
  • Healthcare Fraud
  • Insurance Fraud
  • Medi-Cal Fraud
  • Medicare Fraud
  • Prescription Pill Fraud (Pill Mill)
  • Sex Offenses
  • Workers Compensation Fraud

Illinois Administrative licensees facing criminal charges and licensees who are convicted of criminal offenses need an experienced Illinois Administrative License Defense Attorney for representation in Illinois Administrative Law disciplinary proceedings.

Illinois Administrative Law Letter of Denial Appeal Attorney

Illinois licensing agencies thoroughly investigates all applicants for Business and Professional Licenses. An Illinois Licensing Board may deny an Illinois Business or Professional License to students and licensees from other states and countries. Most Illinois Administrative License denials occur due to criminal convictions, financial problems or misstatements on the License application. License Denial Appeal Hearings before Illinois Administrative Licensing Boards maintain similar procedures to licensees facing disciplinary action. However, in an Illinois Letter of Denial Appeal Hearing, the applicant bears the burden of proof. Businesses and individuals denied a License by an Administrative Law agency should contact an Illinois Administrative License Denial Lawyer for representation in an Illinois Administrative Law Letter of Denial Appeal Attorney.

Illinois Administrative Law Petition for Restoration Lawyer

A Petition for Restoration allows individuals who have received an Illinois Business or Professional License Revocation to reinstate their Business or Professional License. The Petition for Restoration must state the factual and legal reasons to warrant the Illinois Administrative License Restoration. Rehabilitation from past misconduct is the primary factor in a Petition for Restoration. A successful Illinois Business or Professional License Petition for Restoration requires representation by an experienced Illinois Administrative Law Attorney.

The firm’s Chicago area contact information is:

1901 N. Roselle Road Suite 800
Schaumburg, IL 60195
(847) 495-8309