(a) The Director may refer a complaint or a violation to a hearing officer designated by the Chief Administrative Officer for an administrative hearing.
(b) If the Director refers a complaint or violation to a hearing officer, the Director must prepare a statement of charges that summarizes:
(1) the nature of the alleged violation, and the approximate date the violation was committed;
(2) the provision of this Chapter alleged to be violated; and
(3) the right of the respondent to be represented by counsel and present witnesses and evidence pertinent to the charges.
(c) The Director must serve the statement of charges and a notice of the time and place of a hearing on the person who is alleged to have violated this Chapter and notify any complainant or other interested person of the time and place of the hearing.
(d) The Director may use any of the following methods to serve or notify a person under this Chapter:
(2) regular or certified mail, postage prepaid, addressed to the last-known residential or business address of the respondent; regular mail is presumed to be served 3 days after mailing;
(3) posting a notice in a conspicuous place at the respondent’s residence or place of business; or
(4) publication in a newspaper of general circulation in the County once a week for 3 successive weeks if no address can be found for a party after a diligent search or if the hearing officer determines that the person is avoiding receiving notice.
(e) Unless otherwise provided in this Section, Article 1 of Chapter 2A governs any proceeding held under this Section.
(f) If a person notified of the hearing does not appear at the hearing, the hearing officer may proceed with the hearing and dismiss the charges, enter a default judgment, or issue another appropriate order, including an order directing the person who has not appeared to take or refrain from taking certain actions.
(g) In addition to the requirements of Section 2A-10, if the hearing officer finds by a preponderance of the evidence that a person has violated this Chapter, the hearing officer may order the violator to:
(1) stop committing the violation;
(2) restore money or property;
(3) pay any costs of investigation or related activities of the Department;
(4) post a performance bond or other security;
(5) pay a civil penalty authorized under Section 11-11; or
(6) take any other action that would:
(A) assist the public in obtaining relief; or
(B) prevent future violations.
(h) When a violator is ordered to post a performance bond or other security, in setting the amount of security to be posted the hearing officer should consider:
(1) the nature of the violation;
(2) the amount of money, property, or any other thing received from a consumer in connection with the violation;
(3) whether full restitution has been paid to each affected consumer; and
(4) the risk of future harm to other consumers.
(i) If the hearing officer imposes a civil penalty, the hearing officer should consider:
(1) the severity of the violation;
(2) the severity of any harm to the consumer;
(3) the motives of the violator;
(4) any previous violations by the same person or entity;
(5) whether the penalty will deter future misconduct; and
(6) whether a stop order or restitution would sufficiently protect consumers.
(j) Every person must comply with each order or decision issued by a hearing officer under this Section.
(k) The Director may enforce an order or decision of a hearing officer by taking any appropriate legal action. In addition, the Director may enforce any violation of a decision or order under Section 11-11. (, § 1; , § 1.)
