Earning and maintaining a professional license–such as a medical, dental, nursing or veterinary license–is a huge accomplishment. However, it is also a major responsibility. Due to the nature of these professions (and the corresponding trust that consumers place in these professionals), the government provides oversight to ensure the public’s well-being.
The Illinois Division of Professional Regulation licenses and oversees almost one million professionals in the state. With that many professionals to oversee, the Division needs consumers to report any incidents of wrongdoing. They can do so by filing a complaint with the Complaint Intake Unit. Once a complaint is filed and an investigation determines there is sufficient evidence, the case falls to the Division’s prosecutions unit.
Steps of the Investigation
Here is what to expect when the prosecutions unit reviews a complaint of professional wrongdoing:
1. The unit assigns a prosecuting attorney, who conducts a more thorough investigation.
2. If the evidence supports the complaint, formal charges are filed against the professional.
3. If no formal hearing is necessary, the Division and the licensee may negotiate the disciplinary terms. The negotiated terms must be presented (in writing) to the relevant professional board or a representative committee, which will then issue a recommendation to the Division.
4. If a formal disciplinary hearing is necessary, the prosecuting attorney will file a formal complaint:
- The hearing will take place before the relevant professional board or committee and the Division Hearing Officer.
- This is an administrative law proceeding. Criminal violations, such as unlicensed professional practice, are prosecuted according to Illinois criminal law procedures.
5. After the hearing, the board/committee will deliver its recommendations to the Director. The Director can consider, but does not have to heed, these recommendations when ordering disciplinary action.
6. The licensee has 35 days to appeal the Director’s decision. That appeal must be made in circuit court under the Illinois Administrative Review Act.
Punishments Imposed by Division of Professional Regulation
There is a range of disciplinary actions that the Director can take, depending on the circumstances of the case. That action may include:
- Termination of a license;
- Revocation of a license;
- Suspension of a license;
- Professional probation;
- Reprimand; and
- Censure.
State law also gives the Director leeway to impose fines on the professional. Of course, the decision whether to impose fines and how much to impose depends on the circumstances of the case.
The difference between some of these punishments seems subtle, but the consequences are not. While the Director may allow the professional to maintain his license in good standing, the fact that he has been disciplined will probably affect his credibility in the community. If the public doubts a professional’s competence or trustworthiness, then they might take their business elsewhere. Thus, not only is a professional’s integrity on the line in a disciplinary proceeding, so is his bottom line.
If you are the subject of a formal disciplinary complaint regarding your professional practice, you need an experienced Chicago, IL criminal attorney with the skills to defend your interests. Contact us today for a consultation. We can assist those in Cook County and the surrounding areas.