The Illinois Department of Financial and Professional Regulation (IDFPR) regulates professional licenses and handles disciplinary hearings for licensees. After a disciplinary hearing, the Director of Professional Regulation decides on potential actions. For Illinois licensees facing outcomes like license suspension/ revocation, or monetary penalties, the consequences can be severe, affecting careers & reputations. Administrative Law Judges overseeing these hearings have significant power, and their recommendations often feel final. However, under Illinois law, licensees can appeal an IDFPR decision through Illinois Administrative Review Law (735 ILCS 5/3-102).
I have to appeal… what does that mean?
An appeal does not allow re-arguing the case or introducing new evidence. Instead, the Circuit Court reviews whether the law was followed, evidence was weighed properly, and correct procedures were applied. The court assumes the IDFPR’s findings are correct unless the plaintiff proves otherwise using the administrative record. The Circuit Court will only reverse decisions if findings are against the manifest weight of evidence, conclusions of law are clearly erroneous, or the decision was arbitrary or capricious (735 ILCS 5/3-110).
Filing for administrative review requires timely action. Licensees typically have 35 days from the decision date to request a review (735 ILCS 5/3-103). The petition must include a request for the evidence transcript, a statement seeking review, and the naming of all parties involved. Summons must also be served to all parties. A well-prepared filing captures the case’s essence while identifying legal, procedural, or factual errors.
If accepted, the Circuit Court review can proceed and, if necessary, be appealed to higher courts. For instance, in Christopher J. Perry and Perry Associates, LLC v. Illinois Department of Financial and Professional Regulation (2017), the Illinois Supreme Court overturned lower court rulings that favored the IDFPR, emphasizing that higher courts can correct errors in administrative decisions.
How Can 1818 Help Me with My IDFPR License?
Navigating an appeal involves complex steps and tight deadlines, leaving little room for error. Consulting an experienced administrative law attorney early can ensure proper preparation and maximize your chances of success. In many cases, involving an attorney before a final administrative decision allows you to build a strong factual and legal defense, potentially avoiding the need for an appeal of an IDFPR decision altogether.
If you are an Illinois licensee and want to file an appeal of an adverse decision against you, contact 1818 today. Our experienced professional license defense attorneys can help you effectively navigate the legal process, protect your rights, and advocate for your best interests.
Don’t risk your license and livelihood; call us at (312) 779-1818 or fill out our online contact form for further assistance and expert advice.
