13-8-150 License, registration or certification – Suspension, revocation and reinstatement petition and hearing.

   (a)   Petitions and hearings to contest the suspension or revocation of a license, registration or certification issued to a person pursuant to Chapters 4-288, 4-332, 4-336, 4-344 and 4-376 of this Code and revoked or suspended pursuant to Section 13-8-140 of this Code shall be in the manner prescribed in Section 2-116-280 of this Code.

   (b)   Petitions and hearings to reinstate a license, registration or certification issued to a person pursuant to Chapters 4-288, 4-332, 4-336, 4-344 and 4-376 of this Code and revoked pursuant to Section 13-8-140 of this Code shall be in the manner prescribed in Section 2-116-290 of this Code.

   (c)   Petitions and hearings to contest the suspension or revocation of a license, registration or certification issued to any person pursuant to Chapter 4-4 , Article II of Chapter 4-6, Article XXV of Chapter 4-6 , Article XXVI of Chapter 4-6, Chapter 4-36, Chapter 4-196, Chapter 4-266, Chapter 4-290, Chapter 4-292, and Chapter 4-298 of this Code and revoked or suspended pursuant to Section 13-8-140 of this Code shall be as follows:

      (i)   The person whose license has been suspended or revoked by the Commissioner of Buildings pursuant to Section 13-8-140 may file a written petition requesting a hearing to contest the suspension or revocation with the Commissioner. The written petition must be filed with the Commissioner within forty-five (45) days from the date of the suspension or revocation. The written petition shall recite the basis for contesting the suspension or revocation. Only one such petition may be filed or considered per suspension or revocation.

      (ii)   Upon receipt of a properly and timely filed written petition, the Commissioner shall within thirty (30) days of receipt cause a notice of hearing to be sent to the petitioner or the petitioner's counsel and to the Corporation Counsel. The hearing date shall be set no later than forty-five (45) days of the notice of hearing unless a later date is requested by the licensee in writing. The notice of hearing shall include the date, time and location of the hearing before the Commissioner; a statement that the licensee is entitled to appear at the hearing to testify, present witnesses, and present any other evidence regarding the petition; a statement that the licensee may be represented by counsel at the licensee's sole expense; and a statement that if the licensee fails to appear at the hearing, the licensee is deemed to have conceded the petition.

      (iii)   The proceedings shall be recorded by means of an audio recording or by court reporter, as determined by the Commissioner. In addition to the means of recording determined by the Commissioner, the petitioner may also provide for an audio recording or court reporter at the petitioner's cost. All testimony shall be given under oath or affirmation. The Commissioner shall have the power and discretion to issue subpoenas for the production of documents or testimony. The formal and technical rules of evidence shall not apply in the conduct of the hearing, and evidence, including hearsay, may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.

      (iv)   Upon the closing of the record, the Commissioner shall take the matter under consideration and render a written decision and order within thirty (30) days of the closing of the record. The Commissioner shall cause a copy of the written decision and order to be served upon the licensee or the licensee's counsel and the Corporation Counsel. No rehearing shall be allowed upon the decision and order. The decision and order of the Commissioner shall constitute a final decision for purpose of judicial review by a court of competent jurisdiction.

      (v)   If the Commissioner grants the petition to reverse the decision to suspend or revoke a license based upon a finding of post-suspension or post-revocation compliance with the underlying basis for the suspension or revocation, no such license shall be reactivated until such time the licensee has paid all related re-inspection or re-review fees and all of the penalties and fees that resulted from the actions that gave rise to the underlying basis for the suspension or revocation. Provided, however, if the basis for revocation is a conviction or finding of liability by a court or administrative tribunal of competent jurisdiction for an act or underlying act: (i) related to bribery or attempted bribery of a government official or government vendor; or (ii) related to fraud or theft or attempted fraud or theft involving a government project, government program, government procurement or government contract, reactivation for post-suspension or post-revocation compliance shall not be allowed unless the conviction or finding of liability is reversed or vacated.

   (d)   Petitions and hearings to reinstate a revoked license, registration or certification issued to a person pursuant to Chapter 4-4 , Article II of Chapter 4-6 , Article XXV of Chapter 4-6, Article XXVI of Chapter 4-6 , Chapter 4-36, Chapter 4-196, Chapter 4-266, Chapter 4-290, Chapter 4-292, and Chapter 4-298 of this Code and revoked pursuant to Section 13-8-140 of this Code shall be as follows:

      (i)   The former licensee may file a written petition requesting a hearing for reinstatement with the Commissioner. The written petition shall recite the basis for the revocation and the passage of time since the revocation and shall set forth the efforts undertaken by the former licensee regarding the rehabilitation of the licensee's character that would warrant allowing the privilege of holding a professional license and public trust and confidence. Provided, however, if the basis for the revocation is a conviction or finding of liability by a court or administrative tribunal of competent jurisdiction for an act or underlying act: (i) related to bribery or attempted bribery of a government official or government vendor; or (ii) related to fraud or theft or attempted fraud or theft involving a government project, government program, government procurement or government contract, then no reinstatement shall be allowed unless the conviction or finding of liability is reversed or vacated. No petition shall be considered and no reinstatement shall be allowed less than one year or more than five years after the revocation of the license. Only one such petition for reinstatement may be filed or considered per revocation.

      (ii)   The department shall review the written petition within forty-five (45) days and issue an order either granting or denying the request for a hearing. The department shall cause a copy of the written order to be sent to the petitioner or the petitioner's counsel and to the Corporation Counsel.

   (e)   If the Commissioner grants a hearing, the Commissioner shall cause a notice of hearing to be sent to the petitioner or the petitioner's counsel and to the Corporation Counsel. The hearing date shall be set no later than forty-five (45) days of the notice of hearing unless a later date is requested by the petitioner in writing. The notice of hearing shall include the date, time and location of the hearing before the Commissioner; a statement that the licensee is entitled to appear at the hearing to testify, present witnesses, and present any other evidence regarding the petition to reinstate; a statement that the licensee may be represented by counsel at the petitioner's sole expense; and a statement that if the petitioner fails to appear at the hearing, the petitioner is deemed to have conceded the petition.

   (f)   The burden of proof, by a preponderance of the evidence, regarding the rehabilitation of the petitioner that would warrant allowing the privilege of holding a professional license and public trust and confidence shall be on the petitioner. The proceedings shall be recorded by means of an audio recording or by court reporter, as determined by the Commissioner. In addition to the means of recording determined by the Commissioner, the petitioner may also provide for an audio recording or court reporter at the petitioner's cost. All testimony shall be given under oath or affirmation. The Commissioner shall have the power to issue subpoenas for the production of documents or testimony. The formal and technical rules of evidence shall not apply in the conduct of the hearing, and evidence, including hearsay, may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.

   (g)   Upon the closing of the record, the Commissioner shall take the matter under consideration and render a written decision and order within thirty (30) days of the closing of the record. The Commissioner shall cause a copy of the written decision and order to be served upon the petitioner or the petitioner's counsel and the Corporation Counsel. No rehearing shall be allowed upon the decision and order. The decision and order of the Commissioner shall constitute a final decision for purpose of judicial review by a court of competent jurisdiction.

   (h)   If the Board grants the petition for reinstatement, no such license shall be reinstated until such time the petitioner has paid all license fees for the period during which the license was revoked as well as any and all monetary penalties and civil restitution ordered by a court or administrative tribunal of competent jurisdiction that resulted from the actions that gave rise to the underlying basis for the revocation.

   (i)   For purposes of this section, the term “license” shall include a license, registration or certification, and the term “licensee” shall include a licensee, registrant or certificate holder.

(Added Coun. J. 2-22-17, p. 43876, § 18; Amend Coun. J. 9-6-17, p. 55278, Art. IV, § 5)

 

Notes

4-4	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.
4-6	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.
4-4	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.
4-6	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.
4-6	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.