720 ILCS 570/Illinois Controlled Substances Law. (2023)

(720 ILCS 570/Art. V Title)

(720 ILCS 570/501.1) (from chap. 56 1/2, para. 1501.1)
Second. 501.1.administrative procedural law.The Illinois Administrative Procedures Act is expressly adopted and incorporated herein, but applies only to the Department of Financial and Professional Regulation as if all provisions of that Act had been incorporated into this Act, except for the provision of subsection (d) of Section 10 - 65 of the Administrative Procedures Act of Illinois, which provides that licensee has the right at hearings to demonstrate compliance with any legal requirement for maintaining, continuing or renewing the license, is expressly excluded. For purposes of this Act, notice required by Section 10-25 of the Administrative Procedures Act of Illinois shall be deemed sufficient if sent to a party's last known address.
(Those: PA 97-334, eff. 1-1-12.)

(720 ILCS 570/502) (from chap. 56 1/2, para. 1502)
Second. 502(a) Official inspection orders are issued and executed as follows:
(1) A judge of the district court may, on oath or assurance proving a probable cause, issue orders for the purpose of conducting official searches permitted under this Act or the regulations below and seizing property suitable for the searches. Court Order, there is a probable cause by demonstrating a legitimate public interest in the effective application of this Act or the Rules below sufficient to justify the regulatory inspection of the controlled premises, as defined in subsection (b), in the request for the Court Order .
(2) A search warrant shall be issued only by an affidavit from a person having knowledge of the alleged facts, having been sworn in before the District Judge and stating the reasons for issuing the search warrant. If the district judge is satisfied that there is probable reason to believe that there are grounds for issuing an inspection order, he or she will issue an inspection order specifying the controlled facilities to be inspected, the purpose of the inspection and, if applicable, the Art the inspection of the object to be inspected. or confiscated, if any. The test order must:
(i) indicate the reason for issuance and the name of each person whose affidavit of support has been provided;
(ii) addressed to a person authorized to perform under Section 501;
(iii) direct the designated person to inspect the controlled premises identified for the stated purpose and, if necessary, order the seizure of the stated assets;
(iv) if applicable, identify the item or type of property to be seized;
(v) arrange for the notice to be served at any time of the day or night and designate the judge of the district court to which it will be returned.
(3) A search warrant issued under this Section shall be executed and returned within 10 days of its date of issue, unless otherwise ordered by the court that issued the search warrant, having demonstrated the need for an additional period. When property is seized pursuant to a search warrant, a copy of the inventory of such property seized shall be served on the person from or whose controlled premises the property was removed. If no one is present, the inspection order and a copy of the inventory are deposited in the confiscated facility. The inventory is taken under oath by the client.
(4) A search warrant shall be returned to the judge of the county court who issued the search warrant, or to a judge designated in the search warrant, or to the county court. The judge before the return will attach a copy of the return and all related returnable documents to the search warrant and file them with the clerk of the district court where the search warrant was executed.
(5) Due to technical irregularities that do not affect the essential rights of the person responsible for the controlled premises, no orders will be canceled or evidence refused.
(b) The Director may conduct inspections of controlled premises in accordance with the following provisions:
(1) For the purposes of this section only, “controlled premises” means:
(i) places where persons registered or exempted from registration under this Act maintain records required under this Act; And
(ii) Places, including but not limited to areas, buildings, premises, factories, warehouses, facilities and means of transport where persons registered under this Act or exempted from the obligation to register may possess, manufacture, distribute and deliver, Administration or other disposal of controlled substances.
(2) When authorized by a search warrant issued under this Act, any agent designated by the director or a law enforcement officer who presents the search warrant to the person designated in the search warrant or to any other person in controlled premises may enter the controlled premises for the purpose of conducting the inspection .
(3) When authorized by a search warrant, any officer appointed by the Director may execute the search warrant on his terms.
(4) This section does not preclude unreasonable inspection of books and records pursuant to a governmental subpoena under the Illinois Civil Administrative Code, nor does it preclude governmental searches and searches, including seizures of property, without a court order:
(i) if the person responsible for the audited area agrees; either
(ii) in situations posing an imminent threat to health or safety; either
(iii) in situations involving the inspection of conveyances where there are reasonable grounds to believe that the mobility of the conveyance makes it impracticable to obtain a court order; either
(iv) in other exceptional or emergency circumstances where there is a lack of time or opportunity to seek a court order.
(5) An inspection order authorized by this Section shall not extend to financial data, sales data other than shipping data, or price data unless the responsible person of the inspected facility agrees in writing, provided, however, that the necessary records are required to be kept under this Act Disclosures are not included in such financial data, sales data or quote data.
(Quelle: PA 79-1362.)

(720 ILCS 570/503) (from chap. 56 1/2, para. 1503)
Second. 503In addition to any other remedy, the director or secretary of the Department of Financial and Professional Regulation shall have authority to lodge a complaint and petition in any district court and such district court may, after hearing and on established grounds, issue an order of temporary restraint or injunction . or permanent court order without bail preventing a person from violating this statute, whether other remedies exist or not.
(Those: PA 97-334, eff. 1-1-12.)

(720 ILCS 570/506) (from chap. 56 1/2, para. 1506)
Second. 506The State shall have no obligation to deny any waiver or exception to this Act in any complaint, notice, indictment or other allegation, or in any judicial proceeding, hearing or other proceeding under this Act. The burden of proof of a waiver or exception rests with the state, the person claiming it.
(What: PA 77-757.)

(720 ILCS 570/507) (from chap. 56 1/2, para. 1507)
Second. 507All decisions, final determinations, determinations and conclusions made by the Illinois State Police, the Department of Financial and Professional Regulation and the Department of Human Services under this Act are final and final decisions on the matters concerned. Any person harmed by the decision may have the decision reviewed in accordance with the provisions of the Administrative Review Act, as amended, and the regulations issued pursuant thereto. Pending the final determination of such review, the statutes, orders and decisions of the Department shall remain in full force and effect unless amended or suspended by court order pending a final judicial determination. Pending the final determination of such review, statutes, orders, sanctions and orders of the Department of Treasury and Professional Regulation relating to a registration will remain in full force and effect unless suspended by court order. However, an official decision may only be suspended if the party injured by the decision can prove with overwhelming evidence that there is an important reason for this. In finding good cause, the court finds that the injured party has established a reasonable likelihood of being able to prevail and that the granting of the stay will not have an adverse effect on the community. Good cause is not established solely on the basis of hardship resulting from the inability to carry out the declared activity pending the final judicial decision.
(Those: PA 97-334, eff. 1-1-12.)

(720 ILCS 570/507.1) (from chap. 56 1/2, para. 1507.1)
Second. 507.1.The Department is under no obligation to certify records to the Court or to file a response to the Court or to appear in any judicial proceeding under the Administrative Review Act unless a receipt from the Department certifying the complaint is submitted with the complaint to the Court submitted. payment of utility costs. and notarize the record. Exhibits will be authenticated free of charge. The actor's failure to produce such a receipt in court is a reason for the dismissal of the lawsuit.
(Quelle: PA 83-969.)

(720 ILCS 570/507.2)
Second. 507.2.Regulatory authority.The Department of Human Services is given decision-making authority for the implementation, maintenance and enforcement of the prescription monitoring program.
(Those: PA 97-334, eff. 1-1-12.)

(720 ILCS 570/509) (from chap. 56 1/2, para. 1509)
Second. 509Whenever a court in that state awards probation to a person who the court has reason to believe is or has been addicted to controlled substances or is in unlawful possession of controlled substances, the court must, as a condition of probation require that the person on parole submit to a periodic examination by the Department of Corrections. to determine whether the probation officer is using controlled substances through appropriate chemical screening tests. The court may require, as a condition of parole, that the subject be enrolled in an approved treatment program if it determines that the subject is addicted to a controlled substance. Whenever the Prisoner Review Board grants parole, or the Department of Juvenile Justice grants parole to a person believed to have been in illegal possession of or dependent on a controlled substance, or the Department of Juvenile Justice grants subsequent parole , the Board or Department must require as a condition of parole or parole an individual who has been paroled or released after appropriate periodic chemical testing conducted by the Department of Corrections or the Department of Juvenile Justice to determine whether the individual is on Used probation or probation controlled substances.
(Fuente: P.A. 98-558, ef. 1-1-14; 99-628, ef. 1-1-17.)