# 41 Ill. Adm. Code 280.60: Section 280.60 Complaints, Investigation and Formal Charges

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T41_P280_S280_60

## Section

- **Citation:** 41 Ill. Adm. Code 280.60
- **Heading:** Section 280.60 Complaints, Investigation and Formal Charges
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 41 FIRE PROTECTION / CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL / Part 280 FIRE EQUIPMENT ADMINISTRATIVE PROCEDURES / Section 280.60 Complaints, Investigation and Formal Charges

## Text

Section 280
Section 280.60  Complaints,
Investigation and Formal Charges
a)         Complaints.  All complaints concerning violations regarding
licensees or unlicensed activity shall be submitted to the Office of the State
Fire Marshal, Division of Fire Prevention, in writing, and signed by the
complainant.
b)         Investigation
1)         Allegations of wrong doing on the part of the distributor or
its employee shall be investigated by the Office.
2)
The Office may summarily suspend a license under the Act,
without a hearing, simultaneously with the filing of a formal complaint and
notice of hearing if the State Fire Marshal finds that the continued operations
of the individual would constitute an immediate danger to the public.  In the
event the Office suspends a license under this subsection
(b)(2)
, a
hearing by the hearing officer designated by the Office shall begin within 20
days after the suspension begins, unless continued at the request of the
licensee.
(Section 90(b) of the Act)
3)
The Office, through the Attorney General, the State's
Attorney of any county, any resident of the State, or any legal entity within
the State, may apply for injunctive relief in any court to enjoin from
practicing a licensed activity:
A)
any person who has not been issued a license or whose
license has been suspended, revoked or not renewed; or
(Section 10 of the
Act)
B)        any person found to be guilty of the offenses outlined in
Section 280.70.
c)         Formal Charges
1)
Following the investigative process, the Office may file
formal charges against the licensee. The formal charges shall, at a minimum,
inform the licensee of the facts that make up the basis of the charge and that
are specific enough to enable the licensee to defend himself or herself
)        any person found to be guilty of the offenses outlined in
Section 280.70.
c)         Formal Charges
1)
Following the investigative process, the Office may file
formal charges against the licensee. The formal charges shall, at a minimum,
inform the licensee of the facts that make up the basis of the charge and that
are specific enough to enable the licensee to defend himself or herself.
(Section
85(a) of the Act)
2)
Each licensee whose conduct is the subject of a formal
charge, if the Office seeks to impose disciplinary action against the licensee,
shall be
served notice of the formal charge
and hearing date
at
least 30 days before
the date of the hearing.
(Section 85(b) of the
Act)
3)
The notice of formal charges shall consist at a minimum of
the following information:
A)
The time, place and date of the hearing;
B)
That the licensee shall appear personally at the hearing and
may be represented by counsel;
C)
That the licensee shall have the right to produce witnesses
and evidence in his or her behalf and shall have the right to cross-examine
witnesses and refute evidence produced against him or her;
D)
That the hearing could result in disciplinary action being
taken against his or her license;
E)
That rules for the conduct of these hearings exist and it
may be in the licensee's best interest to obtain a copy;
F)
That a hearing officer authorized by the State Fire Marshal
shall preside at the hearing and, following the conclusion of the hearing,
shall make findings of fact, conclusions of law, and recommendations,
separately stated, to the State Fire Marshal as to what disciplinary action, if
any, should be imposed on the licensee; and
G)
That the State Fire Marshal may continue the hearing
based
on grounds outlined in 41 Ill. Adm. Code 210.80
ate Fire Marshal
shall preside at the hearing and, following the conclusion of the hearing,
shall make findings of fact, conclusions of law, and recommendations,
separately stated, to the State Fire Marshal as to what disciplinary action, if
any, should be imposed on the licensee; and
G)
That the State Fire Marshal may continue the hearing
based
on grounds outlined in 41 Ill. Adm. Code 210.80.  (Section 85(c) of the Act)
4)
Service shall be considered to have been given if the
notice was personally received by the licensee or if the notice was mailed
certified, return receipt requested, to the licensee at the licensee's last
known address as listed with the Office.
(Section 85(b) of the Act)

## Nearby sections

- [41 Ill. Adm. Code 280.10 Section 280.10  Definitions](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T41_P280_S280_10.md)
- [41 Ill. Adm. Code 280.15 Section 280.15  Incorporations by Reference](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T41_P280_S280_15.md)
- [41 Ill. Adm. Code 280.20 Section 280.20  Fire Equipment Distributor License](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T41_P280_S280_20.md)
- [41 Ill. Adm. Code 280.30 Section 280.30  Fire Equipment Distributor Employee License](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T41_P280_S280_30.md)
- [41 Ill. Adm. Code 280.40 Section 280.40  Examinations](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T41_P280_S280_40.md)
- [41 Ill. Adm. Code 280.50 Section 280.50  Miscellaneous Fees](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T41_P280_S280_50.md)
- [41 Ill. Adm. Code 280.55 Section 280.55  Continuing Education](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T41_P280_S280_55.md)
- [41 Ill. Adm. Code 280.60 Section 280.60  Complaints, Investigation and Formal Charges](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T41_P280_S280_60.md)
- [41 Ill. Adm. Code 280.65 Section 280.65  Administrative Hearing](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T41_P280_S280_65.md)
- [41 Ill. Adm. Code 280.70 Section 280.70  Grounds for Revocation, Suspension or Refusal to Issue a License](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T41_P280_S280_70.md)
- [41 Ill. Adm. Code 280.75 Section 280.75  Sanctions to be Imposed for Violators](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T41_P280_S280_75.md)
- [41 Ill. Adm. Code 280.80 Section 280.80  Exemptions to Licensing](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T41_P280_S280_80.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T41_P280_S280_60. Check the current official text before relying on it. Not legal advice.
