Cole v. State Dept. of Public Health

It is well established in the law that the word “shall” may be deemed directive where a statutory section is designed to secure an orderly system in an administrative proceeding. People v. Tomlinson, 295 Ill. App. 3d 193, 692 N.E.2d 1207 (1998). “Shall” may be interpreted as a directive word particularly when no consequences are provided for failure to comply with a particular provision. In re Estate of Wallis, 276 Ill. App. 3d 1053, 659 N.E.2d 423 (1995). Further, an administrative procedure will be sustained so long as it furthers the purpose of the statute and is not arbitrary,…