ILCS » Chapter 225 · Act 60
Illinois Compiled Statutes

225 ILCS 60/40 (2026)

Findings and recommendations; rehearing

✓ current as of May 2026
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(225 ILCS 60/40) (from Ch. 111, par. 4400-40)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 40. Findings and recommendations; rehearing.
    (a) The Medical Board shall present to the Secretary a written report of its findings and recommendations. A copy of such report shall be served upon the accused person, either personally or by mail or email. Within 20 days after such service, the accused person may present to the Department his or her motion, in writing, for a rehearing, which written motion shall specify the particular ground therefor. If the accused person orders and pays for a transcript of the record as provided in Section 39, the time elapsing thereafter and before such transcript is ready for delivery to them shall not be counted as part of such 20 days.
    (b) At the expiration of the time allowed for filing a motion for rehearing, the Secretary may take the action recommended by the Medical Board. Upon the suspension, revocation, placement on probationary status, or the taking of any other disciplinary action, including the limiting of the scope, nature, or extent of one's practice, deemed proper by the Department, with regard to the license or permit, the accused shall surrender his or her license or permit to the Department, if ordered to do so by the Department, and upon his or her failure or refusal so to do, the Department may seize the same.
    (c) Each order of revocation, suspension, or other disciplinary action shall contain a brief, concise statement of the ground or grounds upon which the Department's action is based, as well as the specific terms and conditions of such action. This document shall be retained as a permanent record by the Department.
    (d) (Blank).
    (e) In those instances where an order of revocation, suspension, or other disciplinary action has been rendered by virtue of a physician's physical illness, including, but not limited to, deterioration through the aging process, or loss of motor skill which results in a physician's inability to practice medicine with reasonable judgment, skill, or safety, the Department shall only permit this document, and the record of the hearing incident thereto, to be observed, inspected, viewed, or copied pursuant to court order.
(Source: P.A. 101-316, eff. 8-9-19; 102-20, eff. 1-1-22.)

    
Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 1999–2024 · leading case: Siddiqui v. Dep't of Prof'l Reg., 718 N.E.2d 217 (Ill. App. Ct. 1999).
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Siddiqui v. Dep't of Prof'l Reg., 718 N.E.2d 217 (Ill. App. Ct. 1999). · cites it 2× “225 ILCS 60/40 (West 1992). The Procedure Act also requires that a final decision must include findings of fact and conclusions of law, separately stated.”
Duttala Obula Reddy, Plaintiff-appellant, v. The Dep't of Prof'l Reg. Et Al., Defendants-appellees, 785 N.E.2d 876 (Ill. App. Ct. 2002). · cites it 2× “Sufficiency of Form Plaintiff initially argues that the Department’s order does not satisfy the requirements of form found in section 10 — 50 of the Illinois Administrative Procedure Act (Administrative Procedure Act) (5 ILCS 100/10 — 50 (West 2000)) and section 40 of the…”
Vasanwala v. Div. of Prof'l Reg. of the Dep't of Fin. & Prof'l Reg., 2024 IL App (4th) 220933 (Ill. App. Ct. 2024). · cites it 2× “Once the Medical Board submits its findings to the Director, the parties are sent a copy of the report and are given an opportunity to request a rehearing. 68 Ill. Adm. Code 1110.”
Parikh v. Div. of Prof'l Reg. of the Dep't of Fin. & Prof'l Reg., 2014 IL App (1st) 123319 (Ill. App. Ct. 2015). “) 225 ILCS 60/40 (West 2010). Section 35, which explains the procedure for disciplinary proceedings, states that “[t]he hearing officer shall report his findings and recommendations to the Disciplinary Board within 30 days of the receipt of the record.”
Parikh v. Div. of Prof'l Reg. of the Dep't of Fin. & Prof'l Reg., 2014 IL App (1st) 123319 (Ill. App. Ct. 2014). “) 225 ILCS 60/40 (West 2010). Section 35, which explains the procedure for disciplinary proceedings, states that "[t]he hearing officer shall report his findings and recommendations to the Disciplinary Board within 30 days of the receipt of the record.”
Rodriquez v. Dep't of Fin. & Prof'l Reg., 870 N.E.2d 1029 (Ill. App. Ct. 2007). “225 ILCS 60/40 (West 2004). Rodriquez argues that without section 2105 — 125 (20 ILCS 2105/2105 — 125 (West 2004)), the Department will lack authority to restore licenses, but section 43 of the Act provides exactly that authority.”
Vasanwala v. The Div. of Prof'l Reg. of the Dep't of Fin. & Prof'l Reg., 2023 IL App (4th) 220933-U (Ill. App. Ct. 2023). · cites it 2× “Once the Medical Board submits its findings to the Director, the parties are sent a copy of the report and are given an opportunity to request a rehearing. 68 Ill. Adm.”
Dobrescu v. Div. of Prof'l Reg. of the Dep't of Fin. & Prof'l Reg., 2024 IL App (1st) 231014-U (Ill. App. Ct. 2024). · cites it 2× “225 ILCS 60/40(a); 68 Ill. Adm. Code 1110.”
Siddiqui v. Dep't of Prof'l Reg. (Ill. App. Ct. 1999). · cites it 2× “225 ILCS 60/40 (West 1992). The Procedure Act also re­quires that a final deci­sion must include find­ings of fact and conclu­sions of law, separately stated.”
— 225 ILCS 60/40(a) — 1 case
Dobrescu v. Div. of Prof'l Reg. of the Dep't of Fin. & Prof'l Reg., 2024 IL App (1st) 231014-U (Ill. App. Ct. 2024). “225 ILCS 60/40(a); 68 Ill. Adm. Code 1110.”
— 225 ILCS 60/40(b) — 3 cases
Vasanwala v. Div. of Prof'l Reg. of the Dep't of Fin. & Prof'l Reg., 2024 IL App (4th) 220933 (Ill. App. Ct. 2024). “Once the Medical Board submits its findings to the Director, the parties are sent a copy of the report and are given an opportunity to request a rehearing. 68 Ill. Adm. Code 1110.”
Vasanwala v. The Div. of Prof'l Reg. of the Dep't of Fin. & Prof'l Reg., 2023 IL App (4th) 220933-U (Ill. App. Ct. 2023). “Once the Medical Board submits its findings to the Director, the parties are sent a copy of the report and are given an opportunity to request a rehearing. 68 Ill. Adm.”
Dobrescu v. Div. of Prof'l Reg. of the Dep't of Fin. & Prof'l Reg., 2024 IL App (1st) 231014-U (Ill. App. Ct. 2024). “225 ILCS 60/40(a); 68 Ill. Adm. Code 1110.”
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