Most licensed professionals assume they will get notice and a chance to defend themselves before losing their license. In most situations, Illinois law does require notice and a hearing before a state agency can suspend or revoke a professional license. But there is an important exception that catches many license holders off guard.
In Illinois, the Department of Financial and Professional Regulation (IDFPR) and other licensing agencies can suspend a professional license immediately, without a prior hearing, if they determine that the license holder poses an imminent threat to the public. These emergency or summary suspensions take effect as soon as the order is served, and the professional must stop practicing right away.
This is not a rare or theoretical tool. IDFPR uses emergency suspensions in cases involving alleged substance abuse, patient harm, financial misconduct, fraud, and serious safety violations. If you hold a professional license in Illinois, understanding when this can happen and what you can do about it is critical.
The General Rule: Notice and a Hearing Are Required
Under the Illinois Administrative Procedure Act, the general rule is that no state agency may suspend, revoke, or refuse to renew a license without first providing written notice, an opportunity for a hearing, and a chance to present evidence and defend against the charges. This protection is found in 5 ILCS 100/10-65 and is the baseline rule for professional discipline in Illinois.
This process is designed to ensure fairness and due process before a professional’s livelihood is taken away.
The Emergency Exception: Summary Suspension Without a Hearing
The same statute creates an emergency exception. If an agency finds that the public interest, safety, or welfare imperatively requires immediate action, it may order a summary suspension without a prior hearing. The agency must include that finding in its order and explain why immediate action is necessary.
Even though you do not get a hearing first, the agency must promptly start formal disciplinary proceedings after the emergency suspension is entered.
What an Emergency Suspension Means in Practice
An emergency suspension takes effect immediately upon service of the order. Once served, the professional must stop practicing under the license right away.
For most professionals, this results in an immediate loss of income and can cause serious harm to a career, reputation, and client or patient relationships. Continuing to work while suspended can result in additional penalties, including potential exposure for unlicensed practice.
When Illinois Can Use an Emergency Suspension
Not every allegation justifies an emergency suspension. Illinois law requires a showing of an imminent, ongoing threat to the public. Past misconduct, standing alone, is usually not enough. The question is whether allowing the professional to continue practicing right now creates an immediate risk that cannot wait for the normal hearing process.
In practice, emergency suspensions are most often used in situations involving healthcare professionals accused of practicing while impaired, diverting controlled substances, or harming patients, financial professionals accused of ongoing fraud or misappropriation of client funds, and other licensed professionals accused of conduct that creates a present danger to public safety. The timing and severity of the alleged conduct matter, and the agency must be able to articulate why immediate suspension is necessary.
Procedural Requirements for an Emergency Suspension
Even in an emergency, the agency must follow specific procedural rules. The suspension order must contain written findings explaining why public safety or welfare requires immediate action. Generic or boilerplate language is not sufficient.
Once the order is served, the professional must stop practicing immediately. The agency must then institute formal disciplinary proceedings rather than leaving the professional suspended indefinitely without a hearing.
Your Rights After an Emergency Suspension
After the emergency suspension, the professional has full hearing rights. This includes the right to review the evidence, present witnesses and documents, cross-examine the agency’s witnesses, and be represented by counsel.
An administrative law judge typically presides over the hearing and issues a recommendation, with the final decision made by IDFPR or the relevant licensing board.
How to Respond to an Emergency Suspension
If you are facing an emergency suspension, time matters. You should not communicate with the agency without legal advice, because anything you say can become part of the administrative record and be used against you.
You are entitled to request the administrative file and review the evidence the agency relied on to justify the emergency action. A critical part of the defense is often challenging whether the agency actually met the legal standard for immediate suspension and whether the facts support a finding of an imminent threat to the public.
The Formal Hearing and Long-Term Outcome
The formal hearing is where the long-term outcome is decided, including whether your license will be reinstated, restricted, placed on probation, or revoked. Preparing that defense requires gathering documents, identifying witnesses, and developing evidence that addresses both the factual allegations and the claimed risk to public safety.
What to Do Right Now If IDFPR Has Contacted You
If IDFPR has suspended your license, is investigating you, or has contacted you about a potential emergency suspension, do not speak to the agency before getting legal advice. Anything you say can become part of the administrative record and may be used against you later in the case.
Emergency suspensions move fast, and early mistakes can be very difficult to undo. The sooner you involve counsel, the more options you may have to challenge the suspension, limit the damage, or position the case for a better outcome at a hearing or through negotiation.
Call 1818 now to discuss your situation and protect your license and your livelihood. We regularly represent Illinois professionals in IDFPR investigations, emergency suspensions, and disciplinary proceedings, and we know how these cases are actually handled in practice.
