Bill Amendment: IL HB0806 | 2021-2022 | 102nd General Assembly
Bill Title: DETECTION OF DECEPTION
Status: 2021-06-25 - Public Act . . . . . . . . . 102-0020 [HB0806 Detail]
Download: Illinois-2021-HB0806-Senate_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 806
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2 | AMENDMENT NO. ______. Amend House Bill 806 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Regulatory Sunset Act is amended by | ||||||
5 | changing Sections 4.32 and 4.37 and by adding Section 4.41 as | ||||||
6 | follows:
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7 | (5 ILCS 80/4.32) | ||||||
8 | Sec. 4.32. Acts repealed on January 1, 2022. The following | ||||||
9 | Acts are repealed on January 1, 2022: | ||||||
10 | The Boxing and Full-contact Martial Arts Act. | ||||||
11 | The Cemetery Oversight Act. | ||||||
12 | The Collateral Recovery Act. | ||||||
13 | The Community Association Manager Licensing and | ||||||
14 | Disciplinary Act. | ||||||
15 | The Crematory Regulation Act. | ||||||
16 | The Detection of Deception Examiners Act.
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1 | The Home Inspector License Act.
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2 | The Illinois Health Information Exchange and Technology | ||||||
3 | Act. | ||||||
4 | The Medical Practice Act of 1987. | ||||||
5 | The Registered Interior Designers Act.
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6 | The Massage Licensing Act.
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7 | The Petroleum Equipment Contractors Licensing Act.
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8 | The Radiation Protection Act of 1990. | ||||||
9 | The Real Estate Appraiser Licensing Act of 2002. | ||||||
10 | The Water Well and Pump Installation Contractor's License | ||||||
11 | Act. | ||||||
12 | (Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19; | ||||||
13 | 101-614, eff. 12-20-19; 101-639, eff. 6-12-20.)
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14 | (5 ILCS 80/4.37) | ||||||
15 | Sec. 4.37. Acts and Articles repealed on January 1, 2027. | ||||||
16 | The following are repealed on January 1, 2027: | ||||||
17 | The Clinical Psychologist Licensing Act.
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18 | The Illinois Optometric Practice Act of 1987. | ||||||
19 | Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
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20 | XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
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21 | The Boiler and Pressure Vessel Repairer Regulation Act. | ||||||
22 | The Marriage and Family Therapy Licensing Act. | ||||||
23 | The Boxing and Full-contact Martial Arts Act. | ||||||
24 | The Cemetery Oversight Act. | ||||||
25 | The Community Association Manager Licensing and |
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1 | Disciplinary Act. | ||||||
2 | The Home Inspector License Act. | ||||||
3 | The Massage Licensing Act. | ||||||
4 | The Medical Practice Act of 1987. | ||||||
5 | The Petroleum Equipment Contractors Licensing Act. | ||||||
6 | The Radiation Protection Act of 1990. | ||||||
7 | The Real Estate Appraiser Licensing Act of 2002. | ||||||
8 | The Registered Interior Designers Act. | ||||||
9 | (Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16; | ||||||
10 | 99-910, eff. 12-16-16; 99-911, eff. 12-16-16; 100-201, eff. | ||||||
11 | 8-18-17; 100-372, eff. 8-25-17.)
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12 | (5 ILCS 80/4.41 new) | ||||||
13 | Sec. 4.41. Act repealed on January 1, 2032. The following | ||||||
14 | Act is repealed on January 1, 2032: | ||||||
15 | The Detection of Deception Examiners Act.
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16 | Section 10. The Department of Professional Regulation Law | ||||||
17 | of the
Civil Administrative Code of Illinois is amended by | ||||||
18 | changing Sections 2105-35 and 2105-120 as follows:
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19 | (20 ILCS 2105/2105-35) | ||||||
20 | Sec. 2105-35. Prohibited uses of roster of information. | ||||||
21 | Notwithstanding any other provision of law to the contrary, | ||||||
22 | any roster of information including, but not limited to, the | ||||||
23 | licensee's name, address, and profession, shall not be used by |
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1 | a third party for the purpose of marketing goods or services | ||||||
2 | not related to the licensee's profession. Rosters provided by | ||||||
3 | the Department shall comply with the requirements set forth | ||||||
4 | under the Freedom of Information Act.
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5 | (Source: P.A. 96-978, eff. 7-2-10.)
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6 | (20 ILCS 2105/2105-120) (was 20 ILCS 2105/60g)
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7 | Sec. 2105-120. Board's report; licensee's or applicant's | ||||||
8 | motion for rehearing.
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9 | (a) The board shall present to the Secretary Director its | ||||||
10 | written report of its
findings and recommendations. A copy of | ||||||
11 | the report shall be served upon the licensee or applicant, | ||||||
12 | either personally or by mail or email as provided in Section
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13 | 2105-100 for the service of the notice. The Secretary may | ||||||
14 | issue an order that deviates from the board's report and is not | ||||||
15 | required to provide the board with an explanation of the | ||||||
16 | deviation.
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17 | (b) Within 20 days after the service required under | ||||||
18 | subsection (a), the licensee or applicant
may present to the | ||||||
19 | Department a motion in writing for a rehearing.
The written | ||||||
20 | motion shall specify the particular grounds for a rehearing. | ||||||
21 | If
the licensee or applicant orders and pays for a transcript | ||||||
22 | of the record as provided in
Section 2105-115, the time | ||||||
23 | elapsing thereafter and before the
transcript is ready for | ||||||
24 | delivery to the licensee or applicant shall not be counted as
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25 | part of the 20 days.
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1 | (Source: P.A. 99-227, eff. 8-3-15; 100-262, eff. 8-22-17.)
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2 | Section 15. The Massage Licensing Act is amended by | ||||||
3 | changing Sections 1, 10, 15, 25, 32, 45, 50, 60, and 95 and by | ||||||
4 | adding Section 12 as follows:
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5 | (225 ILCS 57/1)
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6 | (Section scheduled to be repealed on January 1, 2022)
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7 | Sec. 1. Short title. This Act may be cited as the Massage | ||||||
8 | Therapy Practice Licensing Act.
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9 | (Source: P.A. 92-860, eff. 6-1-03 .)
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10 | (225 ILCS 57/10)
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11 | (Section scheduled to be repealed on January 1, 2022)
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12 | Sec. 10. Definitions. As used in this Act:
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13 | "Address of Record" means the designated address recorded | ||||||
14 | by the Department in the applicant's or licensee's application | ||||||
15 | file or license file as maintained by the Department's | ||||||
16 | licensure maintenance unit. It is the duty of the applicant or | ||||||
17 | licensee to inform the Department of any change of address and | ||||||
18 | those changes must be made either through the Department's | ||||||
19 | website or by contacting the Department. | ||||||
20 | "Approved massage school" means a facility which meets | ||||||
21 | minimum
standards for training and curriculum as determined by | ||||||
22 | the Department.
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23 | "Board" means the Massage Licensing Board appointed by the |
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1 | Secretary.
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2 | "Compensation" means the payment, loan, advance, donation, | ||||||
3 | contribution,
deposit, or
gift of money or anything of value.
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4 | "Department" means the Department of Financial and | ||||||
5 | Professional Regulation.
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6 | "Email address of record" means the designated email | ||||||
7 | address recorded by the Department in the applicant's | ||||||
8 | application file or the licensee's license file, as maintained | ||||||
9 | by the Department's licensure maintenance unit. | ||||||
10 | "Massage" or "massage therapy" means a system of | ||||||
11 | structured palpation or
movement of the soft tissue of the | ||||||
12 | body. The system may include, but is
not limited to, | ||||||
13 | techniques such as effleurage or stroking and gliding,
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14 | petrissage or kneading, tapotement or percussion, friction, | ||||||
15 | vibration,
compression, and stretching activities as they | ||||||
16 | pertain to
massage therapy. These techniques may be applied by | ||||||
17 | a licensed massage
therapist
with or without the aid of | ||||||
18 | lubricants, salt or herbal preparations,
hydromassage, thermal | ||||||
19 | massage, or a massage device that mimics or enhances the
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20 | actions possible by human hands.
The purpose of the practice | ||||||
21 | of massage, as licensed under this Act, is to
enhance the | ||||||
22 | general
health and well-being of the mind and body of the | ||||||
23 | recipient. "Massage"
does not include the
diagnosis of a | ||||||
24 | specific
pathology. "Massage" does not include those acts of | ||||||
25 | physical therapy or
therapeutic or corrective measures that | ||||||
26 | are outside the scope of massage
therapy practice as defined |
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1 | in this Section.
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2 | "Massage therapist" means a person who is licensed by the
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3 | Department
and administers massage for compensation.
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4 | "Professional massage or bodywork therapy association" | ||||||
5 | means a
state or
nationally chartered organization that is | ||||||
6 | devoted to the massage specialty and
therapeutic approach and
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7 | meets the following requirements:
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8 | (1) The organization requires that its members meet | ||||||
9 | minimum educational
requirements. The educational | ||||||
10 | requirements must include anatomy, physiology,
hygiene,
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11 | sanitation, ethics, technical theory, and application of | ||||||
12 | techniques.
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13 | (2) The organization has an established code of ethics | ||||||
14 | and has procedures
for the
suspension and revocation of | ||||||
15 | membership of persons violating the code of
ethics.
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16 | "Secretary" means the Secretary of Financial and | ||||||
17 | Professional Regulation. | ||||||
18 | (Source: P.A. 97-514, eff. 8-23-11.)
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19 | (225 ILCS 57/12 new) | ||||||
20 | Sec. 12. Address of record; email address of record. All | ||||||
21 | applicants and licensees shall: | ||||||
22 | (1) provide a valid address and email address to the | ||||||
23 | Department, which shall serve as the address of record and | ||||||
24 | email address of record, respectively, at the time of | ||||||
25 | application for licensure or renewal of a license; and |
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1 | (2) inform the Department of any change of address of | ||||||
2 | record or email address of record within 14 days after | ||||||
3 | such change either through the Department's website or by | ||||||
4 | contacting the Department's licensure maintenance unit.
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5 | (225 ILCS 57/15)
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6 | (Section scheduled to be repealed on January 1, 2022)
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7 | Sec. 15. Licensure requirements.
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8 | (a) Persons
engaged in massage for
compensation
must be | ||||||
9 | licensed by the Department. The Department shall issue a | ||||||
10 | license to
an individual who meets all of the following | ||||||
11 | requirements:
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12 | (1) The applicant has applied in writing on the | ||||||
13 | prescribed forms and has
paid the
required fees.
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14 | (2) The applicant is at least 18 years of age and of | ||||||
15 | good moral character.
In
determining good
moral character, | ||||||
16 | the Department may take into consideration
conviction of | ||||||
17 | any crime under the laws of the United States or any state | ||||||
18 | or
territory
thereof that is a felony or a misdemeanor or | ||||||
19 | any crime that is directly related
to the practice of the | ||||||
20 | profession.
Such a conviction shall not operate | ||||||
21 | automatically as a complete
bar to a license,
except in | ||||||
22 | the case of any conviction for prostitution, rape, or | ||||||
23 | sexual
misconduct,
or where the applicant is a registered | ||||||
24 | sex offender.
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25 | (3) The applicant has met one of the following |
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1 | requirements:
(A) has successfully completed a massage | ||||||
2 | therapy program approved by the Department that requires
a | ||||||
3 | minimum
of 500 hours, except applicants applying on or | ||||||
4 | after January 1, 2014 shall meet a minimum requirement of | ||||||
5 | 600 hours,
and has
passed a
competency examination
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6 | approved by the Department . ;
(B) holds a current license | ||||||
7 | from another jurisdiction having licensure
requirements | ||||||
8 | that include the completion of a massage therapy program | ||||||
9 | of at least 500 hours; or
(C) (blank).
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10 | (b) Each applicant for licensure as a massage therapist | ||||||
11 | shall have his or her fingerprints submitted to the Department | ||||||
12 | of State Police in an electronic format that complies with the | ||||||
13 | form and manner for requesting and furnishing criminal history | ||||||
14 | record information as prescribed by the Department of State | ||||||
15 | Police. These fingerprints shall be checked against the | ||||||
16 | Department of State Police and Federal Bureau of Investigation | ||||||
17 | criminal history record databases now and hereafter filed. The | ||||||
18 | Department of State Police shall charge applicants a fee for | ||||||
19 | conducting the criminal history records check, which shall be | ||||||
20 | deposited into the State Police Services Fund and shall not | ||||||
21 | exceed the actual cost of the records check. The Department of | ||||||
22 | State Police shall furnish, pursuant to positive | ||||||
23 | identification, records of Illinois convictions to the | ||||||
24 | Department. The Department may require applicants to pay a | ||||||
25 | separate fingerprinting fee, either to the Department or to a | ||||||
26 | vendor. The Department, in its discretion, may allow an |
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1 | applicant who does not have reasonable access to a designated | ||||||
2 | vendor to provide his or her fingerprints in an alternative | ||||||
3 | manner. The Department may adopt any rules necessary to | ||||||
4 | implement this Section.
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5 | (Source: P.A. 97-514, eff. 8-23-11.)
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6 | (225 ILCS 57/25)
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7 | (Section scheduled to be repealed on January 1, 2022)
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8 | Sec. 25. Exemptions.
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9 | (a) This Act does not prohibit a person licensed
under any | ||||||
10 | other Act
in this State
from
engaging in the practice for which | ||||||
11 | he or she is licensed.
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12 | (b) Persons exempted under this Section include, but are | ||||||
13 | not limited to,
physicians,
podiatric physicians, naprapaths, | ||||||
14 | and physical therapists.
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15 | (c) Nothing in this Act prohibits qualified members of | ||||||
16 | other
professional groups,
including but not limited to | ||||||
17 | nurses, occupational therapists,
cosmetologists, and
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18 | estheticians, from performing massage in a manner consistent | ||||||
19 | with their
training and the
code of ethics of their respective | ||||||
20 | professions.
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21 | (d) Nothing in this Act prohibits a student of an approved | ||||||
22 | massage
school or
program from performing massage, provided | ||||||
23 | that the student does not hold
himself or herself out
as a | ||||||
24 | licensed massage therapist and does not receive compensation, | ||||||
25 | including tips, for massage therapy
services.
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1 | (e) Nothing in this Act prohibits practitioners that do | ||||||
2 | not involve
intentional soft tissue manipulation, including | ||||||
3 | but not limited to Alexander
Technique, Feldenkrais, Reike, | ||||||
4 | and Therapeutic Touch, from practicing.
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5 | (f) Practitioners of certain service marked bodywork | ||||||
6 | approaches that do
involve intentional soft tissue | ||||||
7 | manipulation, including but not limited to
Rolfing, Trager | ||||||
8 | Approach, Polarity Therapy, and Orthobionomy, are exempt from
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9 | this Act if they are approved by their governing body based on | ||||||
10 | a minimum level
of training, demonstration of competency, and | ||||||
11 | adherence to ethical standards.
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12 | (g) Until January 1, 2024 2020 , practitioners of Asian | ||||||
13 | bodywork approaches are exempt from this Act if
they are | ||||||
14 | members of the American Organization for of Bodywork Therapies | ||||||
15 | of Asia are exempt from licensure under this Act as
certified | ||||||
16 | practitioners or if they are approved by an Asian bodywork
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17 | organization based on a minimum level of training, | ||||||
18 | demonstration of competency,
and adherence to ethical | ||||||
19 | standards set by their governing body .
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20 | (h) Practitioners of other forms of bodywork who restrict | ||||||
21 | manipulation of
soft tissue to the feet, hands, and ears, and | ||||||
22 | who do not have the client
disrobe, such as reflexology, are | ||||||
23 | exempt from this Act.
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24 | (i) Nothing in this Act applies to massage therapists from | ||||||
25 | other states or
countries when providing educational programs | ||||||
26 | or services for a period not
exceeding 30 days within a |
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1 | calendar year.
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2 | (j) Nothing in this Act prohibits a person from treating | ||||||
3 | ailments by
spiritual means through prayer alone in accordance | ||||||
4 | with the tenets and
practices of a recognized church or | ||||||
5 | religious denomination.
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6 | (k) Nothing in this Act applies to the practice of massage | ||||||
7 | therapy by a person either actively licensed as a massage | ||||||
8 | therapist in another state or currently certified by the | ||||||
9 | National Certification Board of Therapeutic Massage and | ||||||
10 | Bodywork or other national certifying body if said person's | ||||||
11 | state does not license massage therapists, if he or she is | ||||||
12 | performing his or her duties for a Department-approved | ||||||
13 | educational program for less than 30 days in a calendar year, a | ||||||
14 | Department-approved continuing education program for less than | ||||||
15 | 30 days in a calendar year, a non-Illinois based team or | ||||||
16 | professional organization, or for a national athletic event | ||||||
17 | held in this State, so long as he or she restricts his or her | ||||||
18 | practice to his or her team or organization or to event | ||||||
19 | participants during the course of his or her team's or | ||||||
20 | organization's stay in this State or for the duration of the | ||||||
21 | event. | ||||||
22 | (Source: P.A. 101-421, eff. 8-16-19.)
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23 | (225 ILCS 57/32) | ||||||
24 | (Section scheduled to be repealed on January 1, 2022) | ||||||
25 | Sec. 32. Display. Every holder of a license shall display |
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1 | it, or a copy, in a conspicuous place in the holder's principal | ||||||
2 | office or any other location where the holder renders massage | ||||||
3 | therapy services. Every displayed license shall have the | ||||||
4 | license number visible.
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5 | (Source: P.A. 97-514, eff. 8-23-11.)
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6 | (225 ILCS 57/45)
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7 | (Section scheduled to be repealed on January 1, 2022)
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8 | Sec. 45. Grounds for discipline.
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9 | (a) The Department may refuse to issue or renew, or may | ||||||
10 | revoke, suspend,
place
on
probation, reprimand, or take other | ||||||
11 | disciplinary or non-disciplinary action, as the Department
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12 | considers appropriate,
including the imposition of fines not | ||||||
13 | to exceed $10,000 for each violation, with
regard to any | ||||||
14 | license or licensee
for any one or more of the following:
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15 | (1) violations of this Act or of the rules adopted | ||||||
16 | under this Act;
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17 | (2) conviction by plea of guilty or nolo contendere, | ||||||
18 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
19 | sentencing of any crime, including, but not limited to, | ||||||
20 | convictions, preceding sentences of supervision, | ||||||
21 | conditional discharge, or first offender probation, under | ||||||
22 | the laws of any jurisdiction of the United States: (i) | ||||||
23 | that is a felony; or (ii) that is a misdemeanor, an | ||||||
24 | essential element of which is dishonesty, or that is | ||||||
25 | directly related to the practice of the profession;
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1 | (3) professional incompetence;
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2 | (4) advertising in a false, deceptive, or misleading | ||||||
3 | manner , including failing to use the massage therapist's | ||||||
4 | own license number in an advertisement ; | ||||||
5 | (5) aiding, abetting, assisting, procuring, advising, | ||||||
6 | employing, or contracting with any unlicensed person to | ||||||
7 | practice massage contrary to any rules or provisions of | ||||||
8 | this Act; | ||||||
9 | (6) engaging in immoral conduct in the commission of | ||||||
10 | any act, such as
sexual abuse, sexual misconduct, or | ||||||
11 | sexual exploitation, related to the
licensee's practice;
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12 | (7) engaging in dishonorable, unethical, or | ||||||
13 | unprofessional conduct of a
character
likely to deceive, | ||||||
14 | defraud, or harm the public;
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15 | (8) practicing or offering to practice beyond the | ||||||
16 | scope permitted by law
or
accepting and performing | ||||||
17 | professional responsibilities which the licensee knows
or | ||||||
18 | has reason to
know that he or she is not competent to | ||||||
19 | perform;
| ||||||
20 | (9) knowingly delegating professional | ||||||
21 | responsibilities to a person
unqualified by
training, | ||||||
22 | experience, or licensure to perform;
| ||||||
23 | (10) failing to provide information in response to a | ||||||
24 | written request made
by the
Department within 60 days;
| ||||||
25 | (11) having a habitual or excessive use of or | ||||||
26 | addiction to alcohol,
narcotics,
stimulants, or
any other |
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1 | chemical agent or drug which results in the inability to | ||||||
2 | practice
with reasonable
judgment, skill, or safety;
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3 | (12) having a pattern of practice or other behavior | ||||||
4 | that demonstrates
incapacity
or
incompetence to practice | ||||||
5 | under this Act;
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6 | (13) discipline by another state, District of | ||||||
7 | Columbia, territory, or foreign nation, if at least one of | ||||||
8 | the grounds for the discipline is the same or | ||||||
9 | substantially equivalent to those set forth in this | ||||||
10 | Section; | ||||||
11 | (14) a finding by the Department that the licensee, | ||||||
12 | after having his or her license placed on probationary | ||||||
13 | status, has violated the terms of probation; | ||||||
14 | (15) willfully making or filing false records or | ||||||
15 | reports in his or her practice, including, but not limited | ||||||
16 | to, false records filed with State agencies or | ||||||
17 | departments; | ||||||
18 | (16) making a material misstatement in furnishing | ||||||
19 | information to the
Department or
otherwise making | ||||||
20 | misleading, deceptive, untrue, or fraudulent | ||||||
21 | representations
in violation of this
Act or otherwise in | ||||||
22 | the practice of the profession;
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23 | (17) fraud or misrepresentation in applying for or | ||||||
24 | procuring a license under this Act or in connection with | ||||||
25 | applying for renewal of a license under this Act;
| ||||||
26 | (18) inability to practice the profession with |
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1 | reasonable judgment, skill, or safety as a result of | ||||||
2 | physical illness, including, but not limited to, | ||||||
3 | deterioration through the aging process, loss of motor | ||||||
4 | skill, or a mental illness or disability;
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5 | (19) charging for professional services not rendered, | ||||||
6 | including filing false statements for the collection of | ||||||
7 | fees for which services are not rendered; | ||||||
8 | (20) practicing under a false or, except as provided | ||||||
9 | by law, an assumed name; or | ||||||
10 | (21) cheating on or attempting to subvert the | ||||||
11 | licensing examination administered under this Act. | ||||||
12 | All fines shall be paid within 60 days of the effective | ||||||
13 | date of the order imposing the fine. | ||||||
14 | (b) A person not licensed under this Act and engaged in the | ||||||
15 | business of offering massage therapy services through others, | ||||||
16 | shall not aid, abet, assist, procure, advise, employ, or | ||||||
17 | contract with any unlicensed person to practice massage | ||||||
18 | therapy contrary to any rules or provisions of this Act. A | ||||||
19 | person violating this subsection (b) shall be treated as a | ||||||
20 | licensee for the purposes of disciplinary action under this | ||||||
21 | Section and shall be subject to cease and desist orders as | ||||||
22 | provided in Section 90 of this Act. | ||||||
23 | (c) The Department shall revoke any license issued under | ||||||
24 | this Act of any person who is convicted of prostitution, rape, | ||||||
25 | sexual misconduct, or any crime that subjects the licensee to | ||||||
26 | compliance with the requirements of the Sex Offender |
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1 | Registration Act and any such conviction shall operate as a | ||||||
2 | permanent bar in the State of Illinois to practice as a massage | ||||||
3 | therapist. | ||||||
4 | (d) The Department may refuse to issue or may suspend the | ||||||
5 | license of any
person who
fails to file a tax return, to pay | ||||||
6 | the tax, penalty, or interest shown in a
filed
tax return, or | ||||||
7 | to pay any final
assessment of tax, penalty, or interest, as | ||||||
8 | required by any tax Act
administered by the Illinois
| ||||||
9 | Department of Revenue, until such time as the requirements of | ||||||
10 | the tax Act are
satisfied in accordance with subsection (g) of | ||||||
11 | Section 2105-15 of the Civil Administrative Code of Illinois.
| ||||||
12 | (e) (Blank). | ||||||
13 | (f) In cases where the Department of Healthcare and Family | ||||||
14 | Services has previously determined that a licensee or a | ||||||
15 | potential licensee is more than 30 days delinquent in the | ||||||
16 | payment of child support and has subsequently certified the | ||||||
17 | delinquency to the Department, the Department may refuse to | ||||||
18 | issue or renew or may revoke or suspend that person's license | ||||||
19 | or may take other disciplinary action against that person | ||||||
20 | based solely upon the certification of delinquency made by the | ||||||
21 | Department of Healthcare and Family Services in accordance | ||||||
22 | with item (5) of subsection (a) of Section 2105-15 of the Civil | ||||||
23 | Administrative Code of Illinois. | ||||||
24 | (g) The determination by a circuit court that a licensee | ||||||
25 | is
subject
to involuntary admission or judicial admission, as | ||||||
26 | provided in the Mental
Health and
Developmental Disabilities |
| |||||||
| |||||||
1 | Code, operates as an automatic suspension. The
suspension
will | ||||||
2 | end only upon a finding by a court that the patient is no | ||||||
3 | longer
subject to
involuntary admission or judicial admission | ||||||
4 | and the issuance of a court
order so finding
and discharging | ||||||
5 | the patient.
| ||||||
6 | (h) In enforcing this Act, the Department or Board, upon a | ||||||
7 | showing of a
possible violation, may compel an individual | ||||||
8 | licensed to practice under this
Act, or who
has applied for | ||||||
9 | licensure under this Act, to submit to a mental or physical
| ||||||
10 | examination, or
both, as required by and at the expense of the | ||||||
11 | Department. The Department or
Board may
order the examining | ||||||
12 | physician to present testimony concerning the mental or
| ||||||
13 | physical
examination of the licensee or applicant. No | ||||||
14 | information shall be excluded by
reason of
any common law or | ||||||
15 | statutory privilege relating to communications between the
| ||||||
16 | licensee
or applicant and the examining physician. The | ||||||
17 | examining physicians shall be
specifically
designated by the | ||||||
18 | Board or Department. The individual to be examined may have,
| ||||||
19 | at his
or her own expense, another physician of his or her | ||||||
20 | choice present during all aspects of
this examination. The | ||||||
21 | examination shall be performed by a physician licensed
to | ||||||
22 | practice
medicine in all its branches. Failure of an | ||||||
23 | individual to submit to a mental
or physical
examination, when | ||||||
24 | directed, shall result in an automatic suspension without | ||||||
25 | hearing.
| ||||||
26 | A person holding a license under this Act or who has |
| |||||||
| |||||||
1 | applied for a license under this Act who, because of a physical | ||||||
2 | or mental illness or disability, including, but not limited | ||||||
3 | to, deterioration through the aging process or loss of motor | ||||||
4 | skill, is unable to practice the profession with reasonable | ||||||
5 | judgment, skill, or safety, may be required by the Department | ||||||
6 | to submit to care, counseling, or treatment by physicians | ||||||
7 | approved or designated by the Department as a condition, term, | ||||||
8 | or restriction for continued, reinstated, or renewed licensure | ||||||
9 | to practice. Submission to care, counseling, or treatment as | ||||||
10 | required by the Department shall not be considered discipline | ||||||
11 | of a license. If the licensee refuses to enter into a care, | ||||||
12 | counseling, or treatment agreement or fails to abide by the | ||||||
13 | terms of the agreement, the Department may file a complaint to | ||||||
14 | revoke, suspend, or otherwise discipline the license of the | ||||||
15 | individual. The Secretary may order the license suspended | ||||||
16 | immediately, pending a hearing by the Department. Fines shall | ||||||
17 | not be assessed in disciplinary actions involving physical or | ||||||
18 | mental illness or impairment.
| ||||||
19 | In instances in which the Secretary immediately suspends a | ||||||
20 | person's license
under
this Section, a hearing on that | ||||||
21 | person's license must be convened by the
Department
within 15 | ||||||
22 | days after the suspension and completed without appreciable | ||||||
23 | delay.
The
Department and Board shall have the authority to | ||||||
24 | review the subject
individual's record
of treatment and | ||||||
25 | counseling regarding the impairment to the extent permitted by
| ||||||
26 | applicable federal statutes and regulations safeguarding the |
| |||||||
| |||||||
1 | confidentiality of
medical
records.
| ||||||
2 | An individual licensed under this Act and affected under | ||||||
3 | this Section shall
be
afforded an opportunity to demonstrate | ||||||
4 | to the Department or Board that he or
she can
resume practice | ||||||
5 | in compliance with acceptable and prevailing standards under
| ||||||
6 | the
provisions of his or her license.
| ||||||
7 | (Source: P.A. 100-872, eff. 8-14-18.)
| ||||||
8 | (225 ILCS 57/50)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
10 | Sec. 50. Advertising. It is a misdemeanor for any person, | ||||||
11 | organization,
or corporation to advertise massage services
| ||||||
12 | unless the person providing the service holds a valid license | ||||||
13 | under this Act,
except for those excluded licensed | ||||||
14 | professionals who are allowed to include
massage in their | ||||||
15 | scope of practice.
A massage therapist may not advertise | ||||||
16 | unless he or she has a current license
issued by this State. A | ||||||
17 | massage therapist shall include the current license number | ||||||
18 | issued by the Department on all advertisements in accordance | ||||||
19 | with paragraph (4) of subsection (a) of Section 45. | ||||||
20 | "Advertise" as used in this Section includes, but is not
| ||||||
21 | limited to, the
issuance of any
card, sign, or device to any | ||||||
22 | person; the causing, permitting, or allowing of
any sign or | ||||||
23 | marking
on or in any building, vehicle, or structure; | ||||||
24 | advertising in any newspaper or
magazine; any listing
or | ||||||
25 | advertising in any directory under a classification or heading |
| |||||||
| |||||||
1 | that includes
the words
"massage", "massage therapist", | ||||||
2 | "therapeutic massage", or "massage
therapeutic"; or | ||||||
3 | commercials broadcast by any means.
| ||||||
4 | (Source: P.A. 92-860, eff. 6-1-03 .)
| ||||||
5 | (225 ILCS 57/60)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
7 | Sec. 60. Illinois Administrative Procedure Act. The | ||||||
8 | Illinois Administrative
Procedure Act is hereby expressly | ||||||
9 | adopted and incorporated herein as if all of
the provisions of | ||||||
10 | that Act were included in this Act, except that the provision
| ||||||
11 | of subsection (d) of Section 10-65 of the Illinois | ||||||
12 | Administrative Procedure Act
that provides that at hearings | ||||||
13 | the licensee has the right to show compliance
with all lawful | ||||||
14 | requirements for retention, continuation, or renewal of the
| ||||||
15 | license is specifically excluded. For the purposes of this Act | ||||||
16 | the notice
required under Section 10-25 of the Illinois | ||||||
17 | Administrative Procedure Act is deemed
sufficient when mailed | ||||||
18 | to the address of record or emailed to the email address of | ||||||
19 | record of a party.
| ||||||
20 | (Source: P.A. 97-514, eff. 8-23-11.)
| ||||||
21 | (225 ILCS 57/95)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
23 | Sec. 95. Investigations; notice and hearing. The | ||||||
24 | Department may investigate the actions of any applicant or of |
| |||||||
| |||||||
1 | any person or persons rendering or offering to render massage | ||||||
2 | therapy services or any person holding or claiming to hold a | ||||||
3 | license as a massage therapist. The Department shall, before | ||||||
4 | refusing to issue or renew a license or to discipline a | ||||||
5 | licensee under Section 45, at least 30 days prior to the date | ||||||
6 | set for the hearing, (i) notify the accused in writing of the | ||||||
7 | charges made and the time and place for the hearing on the | ||||||
8 | charges, (ii) direct him or her to file a written answer with | ||||||
9 | the Department under oath within 20 days after the service of | ||||||
10 | the notice, and (iii) inform the applicant or licensee that | ||||||
11 | failure to file an answer will result in a default judgment | ||||||
12 | being entered against the applicant or licensee. At the time | ||||||
13 | and place fixed in the notice, the Department shall proceed to | ||||||
14 | hear the charges and the parties of their counsel shall be | ||||||
15 | accorded ample opportunity to present any pertinent | ||||||
16 | statements, testimony, evidence, and arguments. The Department | ||||||
17 | may continue the hearing from time to time. In case the person, | ||||||
18 | after receiving the notice, fails to file an answer, his or her | ||||||
19 | license may, in the discretion of the Department, be revoked, | ||||||
20 | suspended, placed on probationary status, or the Department | ||||||
21 | may take whatever disciplinary actions considered proper, | ||||||
22 | including limiting the scope, nature, or extent of the | ||||||
23 | person's practice or the imposition of a fine, without a | ||||||
24 | hearing, if the act or acts charged constitute sufficient | ||||||
25 | grounds for that action under the Act. The written notice may | ||||||
26 | be served by personal delivery , or by certified mail to the |
| |||||||
| |||||||
1 | accused's address of record , or by email to the accused's | ||||||
2 | email address of record .
| ||||||
3 | (Source: P.A. 97-514, eff. 8-23-11.)
| ||||||
4 | Section 20. The Medical Practice Act of 1987 is amended by | ||||||
5 | changing Sections 2, 7, 7.5, 8, 8.1, 9, 9.3, 17, 18, 19, 21, | ||||||
6 | 22, 23, 24, 25, 35, 36, 37, 38, 39, 40, 41, 42, 44, and 47 and | ||||||
7 | by adding Sections 7.1 and 7.2 as follows:
| ||||||
8 | (225 ILCS 60/2) (from Ch. 111, par. 4400-2)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
10 | Sec. 2. Definitions. For purposes of this Act, the
| ||||||
11 | following definitions shall have the following meanings,
| ||||||
12 | except where the context requires otherwise:
| ||||||
13 | "Act" means the Medical Practice Act of 1987.
| ||||||
14 | "Address of record" means the designated address recorded | ||||||
15 | by the Department in the applicant's or licensee's application | ||||||
16 | file or license file as maintained by the Department's | ||||||
17 | licensure maintenance unit. | ||||||
18 | "Chiropractic physician" means a person licensed to treat | ||||||
19 | human ailments without the use of drugs and without operative | ||||||
20 | surgery. Nothing in this Act shall be construed to prohibit a | ||||||
21 | chiropractic physician from providing advice regarding the use | ||||||
22 | of non-prescription products or from administering atmospheric | ||||||
23 | oxygen. Nothing in this Act shall be construed to authorize a | ||||||
24 | chiropractic physician to prescribe drugs. |
| |||||||
| |||||||
1 | "Department" means the Department of Financial and | ||||||
2 | Professional Regulation.
| ||||||
3 | "Disciplinary action" means revocation,
suspension, | ||||||
4 | probation, supervision, practice modification,
reprimand, | ||||||
5 | required education, fines or any other action
taken by the | ||||||
6 | Department against a person holding a license.
| ||||||
7 | "Disciplinary Board" means the Medical Disciplinary
Board.
| ||||||
8 | "Email address of record" means the designated email | ||||||
9 | address recorded by the Department in the applicant's | ||||||
10 | application file or the licensee's license file, as maintained | ||||||
11 | by the Department's licensure maintenance unit. | ||||||
12 | "Final determination" means the governing body's
final | ||||||
13 | action taken under the procedure followed by a health
care | ||||||
14 | institution, or professional association or society,
against | ||||||
15 | any person licensed under the Act in accordance with
the | ||||||
16 | bylaws or rules and regulations of such health care
| ||||||
17 | institution, or professional association or society.
| ||||||
18 | "Fund" means the Illinois State Medical Disciplinary Fund.
| ||||||
19 | "Impaired" means the inability to practice
medicine with | ||||||
20 | reasonable skill and safety due to physical or
mental | ||||||
21 | disabilities as evidenced by a written determination
or | ||||||
22 | written consent based on clinical evidence including
| ||||||
23 | deterioration through the aging process or loss of motor
| ||||||
24 | skill, or abuse of drugs or alcohol, of sufficient degree to
| ||||||
25 | diminish a person's ability to deliver competent patient
care.
| ||||||
26 | "Licensing Board" means the Medical Licensing Board.
|
| |||||||
| |||||||
1 | "Medical Board" means the Illinois State Medical Board. | ||||||
2 | "Physician" means a person licensed under the
Medical | ||||||
3 | Practice Act to practice medicine in all of its
branches or a | ||||||
4 | chiropractic physician.
| ||||||
5 | "Professional association" means an association or
society | ||||||
6 | of persons licensed under this Act, and operating
within the | ||||||
7 | State of Illinois, including but not limited to,
medical | ||||||
8 | societies, osteopathic organizations, and
chiropractic | ||||||
9 | organizations, but this term shall not be
deemed to include | ||||||
10 | hospital medical staffs.
| ||||||
11 | "Program of care, counseling, or treatment" means
a | ||||||
12 | written schedule of organized treatment, care, counseling,
| ||||||
13 | activities, or education, satisfactory to the Medical | ||||||
14 | Disciplinary
Board, designed for the purpose of restoring an | ||||||
15 | impaired
person to a condition whereby the impaired person can
| ||||||
16 | practice medicine with reasonable skill and safety of a
| ||||||
17 | sufficient degree to deliver competent patient care.
| ||||||
18 | "Reinstate" means to change the status of a license from | ||||||
19 | inactive or nonrenewed status to active status. | ||||||
20 | "Restore" means to remove an encumbrance from a license | ||||||
21 | due to probation, suspension, or revocation. | ||||||
22 | "Secretary" means the Secretary of the Department of | ||||||
23 | Financial and Professional Regulation. | ||||||
24 | (Source: P.A. 99-933, eff. 1-27-17; 100-429, eff. 8-25-17 .)
| ||||||
25 | (225 ILCS 60/7) (from Ch. 111, par. 4400-7)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
2 | Sec. 7. Medical Disciplinary Board.
| ||||||
3 | (A) There is hereby created the Illinois
State Medical | ||||||
4 | Disciplinary Board. The Disciplinary Board shall
consist of 11 | ||||||
5 | members, to be appointed by the Governor by and
with the advice | ||||||
6 | and consent of the Senate. All members shall be
residents of | ||||||
7 | the State, not more than 6 of whom shall be
members of the same | ||||||
8 | political party. All members shall be voting members. Five | ||||||
9 | members shall be
physicians licensed to practice medicine in | ||||||
10 | all of its
branches in Illinois possessing the degree of | ||||||
11 | doctor of
medicine. One member shall be a physician licensed | ||||||
12 | to practice medicine in all its branches in Illinois | ||||||
13 | possessing the degree of doctor of osteopathy or osteopathic | ||||||
14 | medicine. One member shall be a chiropractic physician | ||||||
15 | licensed to practice in Illinois and possessing the degree of | ||||||
16 | doctor of chiropractic. Four members shall be members of the | ||||||
17 | public, who shall not
be engaged in any way, directly or | ||||||
18 | indirectly, as providers
of health care.
| ||||||
19 | (B) Members of the Disciplinary Board shall be appointed
| ||||||
20 | for terms of 4 years. Upon the expiration of the term of
any | ||||||
21 | member, their successor shall be appointed for a term of
4 | ||||||
22 | years by the Governor by and with the advice and
consent of the | ||||||
23 | Senate. The Governor shall fill any vacancy
for the remainder | ||||||
24 | of the unexpired term with the
advice and consent of the | ||||||
25 | Senate. Upon recommendation of
the Board, any member of the | ||||||
26 | Disciplinary Board may be
removed by the Governor for |
| |||||||
| |||||||
1 | misfeasance, malfeasance, or
wilful neglect of duty, after | ||||||
2 | notice, and a public hearing,
unless such notice and hearing | ||||||
3 | shall be expressly waived in
writing. Each member shall serve | ||||||
4 | on the Disciplinary Board
until their successor is appointed | ||||||
5 | and qualified. No member
of the Disciplinary Board shall serve | ||||||
6 | more than 2
consecutive 4 year terms.
| ||||||
7 | In making appointments the Governor shall attempt to
| ||||||
8 | insure that the various social and geographic regions of the
| ||||||
9 | State of Illinois are properly represented.
| ||||||
10 | In making the designation of persons to act for the
| ||||||
11 | several professions represented on the Disciplinary Board,
the | ||||||
12 | Governor shall give due consideration to recommendations
by | ||||||
13 | members of the respective professions and by
organizations | ||||||
14 | therein.
| ||||||
15 | (C) The Disciplinary Board shall annually elect one of
its | ||||||
16 | voting members as chairperson and one as vice
chairperson. No | ||||||
17 | officer shall be elected more than twice
in succession to the | ||||||
18 | same office. Each officer shall serve
until their successor | ||||||
19 | has been elected and qualified.
| ||||||
20 | (D) (Blank).
| ||||||
21 | (E) Six voting members of the Disciplinary Board, at least | ||||||
22 | 4 of whom are physicians,
shall constitute a quorum. A vacancy | ||||||
23 | in the membership of
the Disciplinary Board shall not impair | ||||||
24 | the right of a
quorum to exercise all the rights and perform | ||||||
25 | all the duties
of the Disciplinary Board. Any action taken by | ||||||
26 | the
Disciplinary Board under this Act may be authorized by
|
| |||||||
| |||||||
1 | resolution at any regular or special meeting and each such
| ||||||
2 | resolution shall take effect immediately. The Disciplinary
| ||||||
3 | Board shall meet at least quarterly.
| ||||||
4 | (F) Each member, and member-officer, of the
Disciplinary | ||||||
5 | Board shall receive a per diem stipend
as the
Secretary shall | ||||||
6 | determine. Each member shall be paid their necessary
expenses | ||||||
7 | while engaged in the performance of their duties.
| ||||||
8 | (G) The Secretary shall select a Chief Medical
Coordinator | ||||||
9 | and not less than 2 Deputy Medical Coordinators
who shall not
| ||||||
10 | be members of the Disciplinary Board. Each medical
coordinator | ||||||
11 | shall be a physician licensed to practice
medicine in all of | ||||||
12 | its branches, and the Secretary shall set
their rates of | ||||||
13 | compensation. The Secretary shall assign at least
one
medical
| ||||||
14 | coordinator to
a region composed of Cook County and
such other | ||||||
15 | counties as the Secretary may deem appropriate,
and such | ||||||
16 | medical coordinator or coordinators shall locate their office | ||||||
17 | in
Chicago. The Secretary shall assign at least one medical
| ||||||
18 | coordinator to a region composed of the balance of counties
in | ||||||
19 | the State, and such medical coordinator or coordinators shall | ||||||
20 | locate
their office in Springfield. The Chief Medical | ||||||
21 | Coordinator shall be the chief enforcement officer of this | ||||||
22 | Act. None of the functions, powers, or duties of the | ||||||
23 | Department with respect to policies regarding enforcement or | ||||||
24 | discipline under this Act, including the adoption of such | ||||||
25 | rules as may be necessary for the administration of this Act, | ||||||
26 | shall be exercised by the Department except upon review of the |
| |||||||
| |||||||
1 | Disciplinary Board.
| ||||||
2 | The Secretary shall employ, in conformity with the
| ||||||
3 | Personnel Code, investigators who are college graduates with | ||||||
4 | at least 2
years of investigative experience or one year of | ||||||
5 | advanced medical
education. Upon the written request of the | ||||||
6 | Disciplinary
Board, the Secretary shall employ, in conformity | ||||||
7 | with the
Personnel Code, such other professional, technical,
| ||||||
8 | investigative, and clerical help, either on a full or
| ||||||
9 | part-time basis as the Disciplinary Board deems necessary
for | ||||||
10 | the proper performance of its duties.
| ||||||
11 | (H) Upon the specific request of the Disciplinary
Board, | ||||||
12 | signed by either the chairperson, vice chairperson, or a
| ||||||
13 | medical coordinator of the Disciplinary Board, the
Department | ||||||
14 | of Human Services, the Department of Healthcare and Family | ||||||
15 | Services, the
Department of State Police, or any other law | ||||||
16 | enforcement agency located in this State shall make available | ||||||
17 | any and all
information that they have in their possession | ||||||
18 | regarding a
particular case then under investigation by the | ||||||
19 | Disciplinary
Board.
| ||||||
20 | (I) Members of the Disciplinary Board shall be immune
from | ||||||
21 | suit in any action based upon any disciplinary
proceedings or | ||||||
22 | other acts performed in good faith as members
of the | ||||||
23 | Disciplinary Board.
| ||||||
24 | (J) The Disciplinary Board may compile and establish a
| ||||||
25 | statewide roster of physicians and other medical
| ||||||
26 | professionals, including the several medical specialties, of
|
| |||||||
| |||||||
1 | such physicians and medical professionals, who have agreed
to | ||||||
2 | serve from time to time as advisors to the medical
| ||||||
3 | coordinators. Such advisors shall assist the medical
| ||||||
4 | coordinators or the Disciplinary Board in their investigations | ||||||
5 | and participation in
complaints against physicians. Such | ||||||
6 | advisors shall serve
under contract and shall be reimbursed at | ||||||
7 | a reasonable rate for the services
provided, plus reasonable | ||||||
8 | expenses incurred.
While serving in this capacity, the | ||||||
9 | advisor, for any act
undertaken in good faith and in the | ||||||
10 | conduct of his or her duties
under this Section, shall be | ||||||
11 | immune from civil suit.
| ||||||
12 | (K) This Section is inoperative when a majority of the | ||||||
13 | Medical Board is appointed. This Section is repealed one year | ||||||
14 | after the effective date of this amendatory Act of the 102nd | ||||||
15 | General Assembly. | ||||||
16 | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
| ||||||
17 | (225 ILCS 60/7.1 new) | ||||||
18 | Sec. 7.1. Medical Board. | ||||||
19 | (A) There is hereby created the Illinois
State Medical | ||||||
20 | Board. The Medical Board shall
consist of 17 members, to be | ||||||
21 | appointed by the Governor by and
with the advice and consent of | ||||||
22 | the Senate. All members shall be
residents of the State, not | ||||||
23 | more than 8 of whom shall be
members of the same political | ||||||
24 | party. All members shall be voting members. Eight members | ||||||
25 | shall be
physicians licensed to practice medicine in all of |
| |||||||
| |||||||
1 | its
branches in Illinois possessing the degree of doctor of
| ||||||
2 | medicine. Two members shall be physicians licensed to practice | ||||||
3 | medicine in all its branches in Illinois possessing the degree | ||||||
4 | of doctor of osteopathy or osteopathic medicine. Two of the | ||||||
5 | physician members shall be physicians who collaborate with | ||||||
6 | physician assistants. Two members shall be chiropractic | ||||||
7 | physicians licensed to practice in Illinois and possessing the | ||||||
8 | degree of doctor of chiropractic. Two members shall be | ||||||
9 | physician assistants licensed to practice in Illinois. Three | ||||||
10 | members shall be members of the public, who shall not
be | ||||||
11 | engaged in any way, directly or indirectly, as providers
of | ||||||
12 | health care. | ||||||
13 | (B) Members of the Medical Board shall be appointed
for | ||||||
14 | terms of 4 years. Upon the expiration of the term of
any | ||||||
15 | member, their successor shall be appointed for a term of
4 | ||||||
16 | years by the Governor by and with the advice and
consent of the | ||||||
17 | Senate. The Governor shall fill any vacancy
for the remainder | ||||||
18 | of the unexpired term with the
advice and consent of the | ||||||
19 | Senate. Upon recommendation of
the Medical Board, any member | ||||||
20 | of the Medical Board may be
removed by the Governor for | ||||||
21 | misfeasance, malfeasance, or
willful neglect of duty, after | ||||||
22 | notice, and a public hearing,
unless such notice and hearing | ||||||
23 | shall be expressly waived in
writing. Each member shall serve | ||||||
24 | on the Medical Board
until their successor is appointed and | ||||||
25 | qualified. No member
of the Medical Board shall serve more | ||||||
26 | than 2
consecutive 4-year terms. |
| |||||||
| |||||||
1 | In making appointments the Governor shall attempt to
| ||||||
2 | ensure that the various social and geographic regions of the
| ||||||
3 | State of Illinois are properly represented. | ||||||
4 | In making the designation of persons to act for the
| ||||||
5 | several professions represented on the Medical Board,
the | ||||||
6 | Governor shall give due consideration to recommendations
by | ||||||
7 | members of the respective professions and by
organizations | ||||||
8 | therein. | ||||||
9 | (C) The Medical Board shall annually elect one of
its | ||||||
10 | voting members as chairperson and one as vice
chairperson. No | ||||||
11 | officer shall be elected more than twice
in succession to the | ||||||
12 | same office. Each officer shall serve
until their successor | ||||||
13 | has been elected and qualified. | ||||||
14 | (D) A majority of the Medical Board members currently | ||||||
15 | appointed shall constitute a quorum. A vacancy in the | ||||||
16 | membership of
the Medical Board shall not impair the right of a
| ||||||
17 | quorum to exercise all the rights and perform all the duties
of | ||||||
18 | the Medical Board. Any action taken by the Medical Board under | ||||||
19 | this Act may be authorized by
resolution at any regular or | ||||||
20 | special meeting and each such
resolution shall take effect | ||||||
21 | immediately. The Medical Board shall meet at least quarterly. | ||||||
22 | (E) Each member shall be paid their necessary
expenses | ||||||
23 | while engaged in the performance of their duties. | ||||||
24 | (F) The Secretary shall select a Chief Medical
Coordinator | ||||||
25 | and not less than 2 Deputy Medical Coordinators
who shall not
| ||||||
26 | be members of the Medical Board. Each medical
coordinator |
| |||||||
| |||||||
1 | shall be a physician licensed to practice
medicine in all of | ||||||
2 | its branches, and the Secretary shall set
their rates of | ||||||
3 | compensation. The Secretary shall assign at least
one
medical
| ||||||
4 | coordinator to
a region composed of Cook County and
such other | ||||||
5 | counties as the Secretary may deem appropriate,
and such | ||||||
6 | medical coordinator or coordinators shall locate their office | ||||||
7 | in
Chicago. The Secretary shall assign at least one medical
| ||||||
8 | coordinator to a region composed of the balance of counties
in | ||||||
9 | the State, and such medical coordinator or coordinators shall | ||||||
10 | locate
their office in Springfield. The Chief Medical | ||||||
11 | Coordinator shall be the chief enforcement officer of this | ||||||
12 | Act. None of the functions, powers, or duties of the | ||||||
13 | Department with respect to policies regarding enforcement or | ||||||
14 | discipline under this Act, including the adoption of such | ||||||
15 | rules as may be necessary for the administration of this Act, | ||||||
16 | shall be exercised by the Department except upon review of the | ||||||
17 | Medical Board. | ||||||
18 | (G) The Secretary shall employ, in conformity with the
| ||||||
19 | Personnel Code, investigators who are college graduates with | ||||||
20 | at least 2
years of investigative experience or one year of | ||||||
21 | advanced medical
education. Upon the written request of the | ||||||
22 | Medical Board, the Secretary shall employ, in conformity with | ||||||
23 | the
Personnel Code, such other professional, technical,
| ||||||
24 | investigative, and clerical help, either on a full or
| ||||||
25 | part-time basis as the Medical Board deems necessary
for the | ||||||
26 | proper performance of its duties. |
| |||||||
| |||||||
1 | (H) Upon the specific request of the Medical Board, signed | ||||||
2 | by either the chairperson, vice chairperson, or a
medical | ||||||
3 | coordinator of the Medical Board, the
Department of Human | ||||||
4 | Services, the Department of Healthcare and Family Services, | ||||||
5 | the
Department of State Police, or any other law enforcement | ||||||
6 | agency located in this State shall make available any and all
| ||||||
7 | information that they have in their possession regarding a
| ||||||
8 | particular case then under investigation by the Medical Board. | ||||||
9 | (I) Members of the Medical Board shall be immune
from suit | ||||||
10 | in any action based upon any disciplinary
proceedings or other | ||||||
11 | acts performed in good faith as members
of the Medical Board. | ||||||
12 | (J) The Medical Board may compile and establish a
| ||||||
13 | statewide roster of physicians and other medical
| ||||||
14 | professionals, including the several medical specialties, of
| ||||||
15 | such physicians and medical professionals, who have agreed
to | ||||||
16 | serve from time to time as advisors to the medical
| ||||||
17 | coordinators. Such advisors shall assist the medical
| ||||||
18 | coordinators or the Medical Board in their investigations and | ||||||
19 | participation in
complaints against physicians. Such advisors | ||||||
20 | shall serve
under contract and shall be reimbursed at a | ||||||
21 | reasonable rate for the services
provided, plus reasonable | ||||||
22 | expenses incurred.
While serving in this capacity, the | ||||||
23 | advisor, for any act
undertaken in good faith and in the | ||||||
24 | conduct of his or her duties
under this Section, shall be | ||||||
25 | immune from civil suit.
|
| |||||||
| |||||||
1 | (225 ILCS 60/7.2 new) | ||||||
2 | Sec. 7.2. Medical Board appointment. All members of the | ||||||
3 | Medical Licensing Board and the Medical Disciplinary Board | ||||||
4 | shall serve as members of the Medical Board. A majority of the | ||||||
5 | Medical Board members shall be appointed within 260 days after | ||||||
6 | the effective date of this amendatory Act of the 102nd General | ||||||
7 | Assembly. The Medical Licensing Board and Medical Disciplinary | ||||||
8 | Board shall exercise all functions, powers, and duties | ||||||
9 | enumerated in this Act to the Medical Board. All functions, | ||||||
10 | powers, and duties enumerated in this Act to the Medical | ||||||
11 | Licensing Board and Medical Disciplinary Board shall dissolve | ||||||
12 | at such time when a majority of the Medical Board is appointed. | ||||||
13 | This Section is repealed one year after the effective date of | ||||||
14 | this amendatory Act of the 102nd General Assembly.
| ||||||
15 | (225 ILCS 60/7.5)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
17 | Sec. 7.5. Complaint Committee.
| ||||||
18 | (a) There shall be a Complaint Committee of the Medical | ||||||
19 | Disciplinary Board
composed of at least one of the medical | ||||||
20 | coordinators established by subsection
(G) of Section 7 of | ||||||
21 | this Act, the Chief of Medical Investigations (person
employed | ||||||
22 | by the Department who is in charge of investigating complaints | ||||||
23 | against
physicians and physician assistants), the Chief of | ||||||
24 | Medical Prosecutions (the person employed by the Department | ||||||
25 | who is in charge of prosecuting formal complaints against |
| |||||||
| |||||||
1 | physicians and physician assistants), and at least 3 members | ||||||
2 | of the Medical
Disciplinary Board (at least 2 of whom shall be | ||||||
3 | physicians) designated by the
Chairperson of the Medical | ||||||
4 | Disciplinary Board with the approval of the Medical
| ||||||
5 | Disciplinary Board.
| ||||||
6 | (b) The Complaint Committee shall meet at least twice a | ||||||
7 | month to
exercise its functions and duties set forth in | ||||||
8 | subsection (c) below. At least 2
members of the Medical | ||||||
9 | Disciplinary Board shall be in attendance in order for any
| ||||||
10 | business to be transacted by the Complaint Committee. The | ||||||
11 | Complaint Committee
shall make every effort to consider | ||||||
12 | expeditiously and take prompt action on
each item on its | ||||||
13 | agenda.
| ||||||
14 | (c) The Complaint Committee shall have the following | ||||||
15 | duties and functions:
| ||||||
16 | (1) To recommend to the Medical Disciplinary Board | ||||||
17 | that a complaint file be
closed.
| ||||||
18 | (2) To refer a complaint file to the office of the | ||||||
19 | Chief of Medical
Prosecutions for review.
| ||||||
20 | (3) To make a decision in conjunction with the Chief | ||||||
21 | of Medical
Prosecutions regarding action to be taken on a | ||||||
22 | complaint file.
| ||||||
23 | (d) In determining what action to take or whether to | ||||||
24 | proceed with
prosecution of a complaint, the Complaint | ||||||
25 | Committee shall consider, but not be
limited to, the following | ||||||
26 | factors: sufficiency of the evidence presented,
prosecutorial |
| |||||||
| |||||||
1 | merit under Section 22 of this Act, any recommendation made by | ||||||
2 | the Department, and insufficient cooperation
from complaining | ||||||
3 | parties.
| ||||||
4 | (e) Notwithstanding any provision of this Act, the | ||||||
5 | Department may close a complaint, after investigation and | ||||||
6 | approval of the Chief Medical Coordinator without review of | ||||||
7 | the Complaint Committee, in which the allegations of the | ||||||
8 | complaint if proven would not constitute a violation of the | ||||||
9 | Act, there is insufficient evidence to prove a violation of | ||||||
10 | the Act, or there is insufficient cooperation from complaining | ||||||
11 | parties, as determined by the Department. | ||||||
12 | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
| ||||||
13 | (225 ILCS 60/8) (from Ch. 111, par. 4400-8)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
15 | Sec. 8. Medical Licensing Board.
| ||||||
16 | (A) There is hereby created a Medical
Licensing Board. The | ||||||
17 | Licensing Board shall be composed
of 7 members, to be | ||||||
18 | appointed by the Governor by and with
the advice and consent of | ||||||
19 | the Senate; 5 of whom shall be
reputable physicians licensed | ||||||
20 | to practice medicine in all of
its branches in Illinois, | ||||||
21 | possessing the degree of doctor of
medicine; one member shall | ||||||
22 | be a reputable physician licensed
in Illinois to practice | ||||||
23 | medicine in all of its branches,
possessing the degree of | ||||||
24 | doctor of osteopathy or osteopathic medicine; and
one
member | ||||||
25 | shall be a reputable chiropractic physician licensed to |
| |||||||
| |||||||
1 | practice
in Illinois and possessing the degree of doctor of
| ||||||
2 | chiropractic. Of the 5 members holding the degree of doctor
of | ||||||
3 | medicine, one shall be a full-time or part-time teacher
of | ||||||
4 | professorial rank in the clinical department of an
Illinois | ||||||
5 | school of medicine.
| ||||||
6 | (B) Members of the
Licensing Board shall be appointed for | ||||||
7 | terms of 4 years, and until their successors are appointed and
| ||||||
8 | qualified. Appointments to fill vacancies shall be made in
the | ||||||
9 | same manner as original appointments, for the unexpired
| ||||||
10 | portion of the vacated term. No more than 4 members of
the | ||||||
11 | Licensing Board shall be members of the same political
party | ||||||
12 | and all members shall be residents of this State. No
member of | ||||||
13 | the Licensing Board may be appointed to more than
2 successive | ||||||
14 | 4 year terms.
| ||||||
15 | (C) Members of the Licensing Board shall be immune
from | ||||||
16 | suit in any action based upon any licensing proceedings
or | ||||||
17 | other acts performed in good faith as members of the
Licensing | ||||||
18 | Board.
| ||||||
19 | (D) (Blank).
| ||||||
20 | (E) The Licensing Board shall annually elect one of
its | ||||||
21 | members as chairperson and one as vice chairperson. No member
| ||||||
22 | shall be elected more than twice in succession to the same
| ||||||
23 | office. Each officer shall serve until his or her successor | ||||||
24 | has
been elected and qualified.
| ||||||
25 | (F) None of the functions, powers or duties of the
| ||||||
26 | Department with respect to policies regarding licensure and |
| |||||||
| |||||||
1 | examination
under
this Act, including the promulgation of such | ||||||
2 | rules as may be
necessary for the administration of this Act, | ||||||
3 | shall be
exercised by the Department except upon review of the
| ||||||
4 | Licensing Board.
| ||||||
5 | (G) The Licensing Board shall receive the same
| ||||||
6 | compensation as the members of the
Disciplinary Board, which | ||||||
7 | compensation shall be paid out of
the Illinois State Medical | ||||||
8 | Disciplinary Fund.
| ||||||
9 | (H) This Section is inoperative when a majority of the | ||||||
10 | Medical Board is appointed. This Section is repealed one year | ||||||
11 | after the effective date of this amendatory Act of the 102nd | ||||||
12 | General Assembly. | ||||||
13 | (Source: P.A. 97-622, eff. 11-23-11 .)
| ||||||
14 | (225 ILCS 60/8.1) | ||||||
15 | (Section scheduled to be repealed on January 1, 2022) | ||||||
16 | Sec. 8.1. Matters concerning advanced practice registered | ||||||
17 | nurses. Any proposed rules, amendments, second notice | ||||||
18 | materials and adopted rule or amendment materials, and policy | ||||||
19 | statements concerning advanced practice registered nurses | ||||||
20 | shall be presented to the Medical Licensing Board for review | ||||||
21 | and comment. The recommendations of both the Board of Nursing | ||||||
22 | and the Medical Licensing Board shall be presented to the | ||||||
23 | Secretary for consideration in making final decisions. | ||||||
24 | Whenever the Board of Nursing and the Medical Licensing Board | ||||||
25 | disagree on a proposed rule or policy, the Secretary shall |
| |||||||
| |||||||
1 | convene a joint meeting of the officers of each Board to | ||||||
2 | discuss the resolution of any such disagreements.
| ||||||
3 | (Source: P.A. 100-513, eff. 1-1-18 .)
| ||||||
4 | (225 ILCS 60/9) (from Ch. 111, par. 4400-9)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
6 | Sec. 9. Application for license. Each applicant for a | ||||||
7 | license shall:
| ||||||
8 | (A) Make application on blank forms prepared and
| ||||||
9 | furnished by the Department.
| ||||||
10 | (B) Submit evidence satisfactory to the Department
| ||||||
11 | that the applicant:
| ||||||
12 | (1) is of good moral character. In determining | ||||||
13 | moral
character under this Section, the Department may | ||||||
14 | take into
consideration whether the applicant has | ||||||
15 | engaged in conduct
or activities which would | ||||||
16 | constitute grounds for discipline
under this Act. The | ||||||
17 | Department may also request the
applicant to submit, | ||||||
18 | and may consider as evidence of moral
character, | ||||||
19 | endorsements from 2 or 3 individuals licensed
under | ||||||
20 | this Act;
| ||||||
21 | (2) has the preliminary and professional education
| ||||||
22 | required by this Act;
| ||||||
23 | (3) (blank); and
| ||||||
24 | (4) is physically, mentally, and professionally | ||||||
25 | capable
of practicing medicine with reasonable |
| |||||||
| |||||||
1 | judgment, skill, and
safety. In determining physical | ||||||
2 | and mental
capacity under this Section, the Medical | ||||||
3 | Licensing Board
may, upon a showing of a possible | ||||||
4 | incapacity or conduct or activities that would | ||||||
5 | constitute grounds for discipline under this Act, | ||||||
6 | compel any
applicant to submit to a mental or physical | ||||||
7 | examination and evaluation, or
both, as provided for | ||||||
8 | in Section 22 of this Act. The Medical Licensing Board | ||||||
9 | may condition or restrict any
license, subject to the | ||||||
10 | same terms and conditions as are
provided for the | ||||||
11 | Medical Disciplinary Board under Section 22
of this | ||||||
12 | Act. Any such condition of a restricted license
shall | ||||||
13 | provide that the Chief Medical Coordinator or Deputy
| ||||||
14 | Medical Coordinator shall have the authority to review | ||||||
15 | the
subject physician's compliance with such | ||||||
16 | conditions or
restrictions, including, where | ||||||
17 | appropriate, the physician's
record of treatment and | ||||||
18 | counseling regarding the impairment,
to the extent | ||||||
19 | permitted by applicable federal statutes and
| ||||||
20 | regulations safeguarding the confidentiality of | ||||||
21 | medical
records of patients.
| ||||||
22 | In determining professional capacity under this
| ||||||
23 | Section, an individual may be required to
complete such | ||||||
24 | additional testing, training, or remedial
education as the | ||||||
25 | Medical Licensing Board may deem necessary in order
to | ||||||
26 | establish the applicant's present capacity to practice
|
| |||||||
| |||||||
1 | medicine with reasonable judgment, skill, and safety. The | ||||||
2 | Medical Licensing Board may consider the following | ||||||
3 | criteria, as they relate to an applicant, as part of its | ||||||
4 | determination of professional capacity:
| ||||||
5 | (1) Medical research in an established research | ||||||
6 | facility, hospital, college or university, or private | ||||||
7 | corporation. | ||||||
8 | (2) Specialized training or education. | ||||||
9 | (3) Publication of original work in learned, | ||||||
10 | medical, or scientific journals. | ||||||
11 | (4) Participation in federal, State, local, or | ||||||
12 | international public health programs or organizations. | ||||||
13 | (5) Professional service in a federal veterans or | ||||||
14 | military institution. | ||||||
15 | (6) Any other professional activities deemed to | ||||||
16 | maintain and enhance the clinical capabilities of the | ||||||
17 | applicant. | ||||||
18 | Any applicant applying for a license to practice | ||||||
19 | medicine in all of its branches or for a license as a | ||||||
20 | chiropractic physician who has not been engaged in the | ||||||
21 | active practice of medicine or has not been enrolled in a | ||||||
22 | medical program for 2 years prior to application must | ||||||
23 | submit proof of professional capacity to the Medical | ||||||
24 | Licensing Board. | ||||||
25 | Any applicant applying for a temporary license that | ||||||
26 | has not been engaged in the active practice of medicine or |
| |||||||
| |||||||
1 | has not been enrolled in a medical program for longer than | ||||||
2 | 5 years prior to application must submit proof of | ||||||
3 | professional capacity to the Medical Licensing Board. | ||||||
4 | (C) Designate specifically the name, location, and
| ||||||
5 | kind of professional school, college, or institution of
| ||||||
6 | which the applicant is a graduate and the category under
| ||||||
7 | which the applicant seeks, and will undertake, to | ||||||
8 | practice.
| ||||||
9 | (D) Pay to the Department at the time of application
| ||||||
10 | the required fees.
| ||||||
11 | (E) Pursuant to Department rules, as required, pass an
| ||||||
12 | examination authorized by the Department to determine
the | ||||||
13 | applicant's fitness to receive a license.
| ||||||
14 | (F) Complete the application process within 3 years | ||||||
15 | from the date of
application. If the process has not been | ||||||
16 | completed within 3 years, the
application shall expire, | ||||||
17 | application fees shall be forfeited, and the
applicant
| ||||||
18 | must reapply and meet the requirements in effect at the | ||||||
19 | time of
reapplication.
| ||||||
20 | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
| ||||||
21 | (225 ILCS 60/9.3) | ||||||
22 | (Section scheduled to be repealed on January 1, 2022) | ||||||
23 | Sec. 9.3. Withdrawal of application. Any applicant | ||||||
24 | applying for a license or permit under this Act may withdraw | ||||||
25 | his or her application at any time. If an applicant withdraws |
| |||||||
| |||||||
1 | his or her application after receipt of a written Notice of | ||||||
2 | Intent to Deny License or Permit, then the withdrawal shall be | ||||||
3 | reported to the Federation of State Medical Boards and the | ||||||
4 | National Practitioner Data Bank .
| ||||||
5 | (Source: P.A. 98-601, eff. 12-30-13; 98-1140, eff. 12-30-14 .)
| ||||||
6 | (225 ILCS 60/17) (from Ch. 111, par. 4400-17)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
8 | Sec. 17. Temporary license. Persons holding the degree of | ||||||
9 | Doctor of
Medicine, persons
holding the degree of Doctor of
| ||||||
10 | Osteopathy or Doctor of Osteopathic Medicine, and persons | ||||||
11 | holding the degree
of Doctor of Chiropractic or persons who | ||||||
12 | have satisfied
the requirements
therefor and are eligible to | ||||||
13 | receive such degree from
a medical, osteopathic, or | ||||||
14 | chiropractic school, who wish to
pursue programs
of graduate | ||||||
15 | or specialty training in this State, may receive
without | ||||||
16 | examination, in the discretion of the Department, a
3-year | ||||||
17 | temporary license. In order to receive a 3-year
temporary | ||||||
18 | license hereunder, an applicant shall submit evidence
| ||||||
19 | satisfactory to the Department that the applicant:
| ||||||
20 | (A) Is of good moral character. In determining moral
| ||||||
21 | character under this Section, the Department may take into
| ||||||
22 | consideration whether the applicant has engaged in conduct
| ||||||
23 | or activities which would constitute grounds for | ||||||
24 | discipline
under this Act. The Department may also request | ||||||
25 | the
applicant to submit, and may consider as evidence of |
| |||||||
| |||||||
1 | moral
character, endorsements from 2 or 3 individuals | ||||||
2 | licensed
under this Act;
| ||||||
3 | (B) Has been accepted or appointed for specialty or
| ||||||
4 | residency training by a hospital situated in this State or | ||||||
5 | a
training program in hospitals or facilities maintained | ||||||
6 | by
the State of Illinois or affiliated training facilities
| ||||||
7 | which is approved by the Department for the purpose of | ||||||
8 | such
training under this Act. The applicant shall indicate | ||||||
9 | the
beginning and ending dates of the period for which the
| ||||||
10 | applicant has been accepted or appointed;
| ||||||
11 | (C) Has or will satisfy the professional education
| ||||||
12 | requirements of Section 11 of this Act which are effective
| ||||||
13 | at the date of application except for postgraduate | ||||||
14 | clinical
training;
| ||||||
15 | (D) Is physically, mentally, and professionally | ||||||
16 | capable
of practicing medicine or treating human ailments | ||||||
17 | without the use of drugs and without
operative surgery | ||||||
18 | with reasonable judgment, skill, and
safety. In | ||||||
19 | determining physical, mental and professional
capacity | ||||||
20 | under this Section, the Medical Licensing Board
may, upon | ||||||
21 | a showing of a possible incapacity, compel an
applicant to | ||||||
22 | submit to a mental or physical examination and evaluation, | ||||||
23 | or
both, and may condition or restrict any temporary | ||||||
24 | license,
subject to the same terms and conditions as are | ||||||
25 | provided for
the Medical Disciplinary Board under Section | ||||||
26 | 22 of this Act.
Any such condition of restricted temporary |
| |||||||
| |||||||
1 | license shall
provide that the Chief Medical Coordinator | ||||||
2 | or Deputy Medical
Coordinator shall have the authority to | ||||||
3 | review the subject
physician's compliance with such | ||||||
4 | conditions or restrictions,
including, where appropriate, | ||||||
5 | the physician's record of
treatment and counseling | ||||||
6 | regarding the impairment, to the
extent permitted by | ||||||
7 | applicable federal statutes and
regulations safeguarding | ||||||
8 | the confidentiality of medical
records of patients.
| ||||||
9 | Three-year temporary licenses issued pursuant to this
| ||||||
10 | Section shall be valid only for the period of time
designated | ||||||
11 | therein, and may be extended or renewed pursuant
to the rules | ||||||
12 | of the Department, and if a temporary license
is thereafter | ||||||
13 | extended, it shall not extend beyond
completion of the | ||||||
14 | residency program. The holder of a valid
3-year temporary | ||||||
15 | license shall be entitled thereby to
perform only such acts as | ||||||
16 | may be prescribed by and
incidental to his or her program of | ||||||
17 | residency training; he or she
shall not be entitled to | ||||||
18 | otherwise engage in the practice of
medicine in this State | ||||||
19 | unless fully licensed in this State.
| ||||||
20 | A 3-year temporary license may be revoked or suspended by | ||||||
21 | the
Department upon proof that the holder thereof has engaged | ||||||
22 | in
the practice of medicine in this State outside of the
| ||||||
23 | program of his or her residency or specialty training, or if | ||||||
24 | the
holder shall fail to supply the Department, within 10 days
| ||||||
25 | of its request, with information as to his or her current | ||||||
26 | status
and activities in his or her specialty training |
| |||||||
| |||||||
1 | program. Such a revocation or suspension shall comply with the | ||||||
2 | procedures set forth in subsection (d) of Section 37 of this | ||||||
3 | Act.
| ||||||
4 | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
| ||||||
5 | (225 ILCS 60/18) (from Ch. 111, par. 4400-18)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
7 | Sec. 18. Visiting professor, physician, or resident | ||||||
8 | permits.
| ||||||
9 | (A) Visiting professor permit.
| ||||||
10 | (1) A visiting professor permit shall
entitle a person | ||||||
11 | to practice medicine in all of its branches
or to practice | ||||||
12 | the treatment of human ailments without the
use of drugs | ||||||
13 | and without operative surgery provided:
| ||||||
14 | (a) the person maintains an equivalent | ||||||
15 | authorization
to practice medicine in all of its | ||||||
16 | branches or to practice
the treatment of human | ||||||
17 | ailments without the use of drugs
and without | ||||||
18 | operative surgery in good standing in his or her
| ||||||
19 | native licensing jurisdiction during the period of the
| ||||||
20 | visiting professor permit;
| ||||||
21 | (b) the person has received a faculty appointment | ||||||
22 | to
teach in a medical, osteopathic or chiropractic | ||||||
23 | school in
Illinois; and
| ||||||
24 | (c) the Department may prescribe the information | ||||||
25 | necessary to
establish
an applicant's eligibility for |
| |||||||
| |||||||
1 | a permit. This information shall include
without | ||||||
2 | limitation (i) a statement from the dean of the | ||||||
3 | medical school at which
the
applicant will be employed | ||||||
4 | describing the applicant's qualifications and (ii)
a | ||||||
5 | statement from the dean of the medical school listing | ||||||
6 | every affiliated
institution in which the applicant | ||||||
7 | will be providing instruction as part of the
medical | ||||||
8 | school's education program and justifying any clinical | ||||||
9 | activities at
each of the institutions listed by the | ||||||
10 | dean.
| ||||||
11 | (2) Application for visiting professor permits shall
| ||||||
12 | be made to the Department, in writing, on forms prescribed
| ||||||
13 | by the Department and shall be accompanied by the required
| ||||||
14 | fee established by rule, which shall not be refundable. | ||||||
15 | Any application
shall require the information as, in the | ||||||
16 | judgment of the Department, will
enable the Department to | ||||||
17 | pass on the qualifications of the applicant.
| ||||||
18 | (3) A visiting professor permit shall be valid for no | ||||||
19 | longer than 2
years from the date of issuance or until the | ||||||
20 | time the
faculty appointment is terminated, whichever | ||||||
21 | occurs first,
and may be renewed only in accordance with | ||||||
22 | subdivision (A)(6) of this
Section.
| ||||||
23 | (4) The applicant may be required to appear before the | ||||||
24 | Medical
Licensing Board for an interview prior to, and as | ||||||
25 | a
requirement for, the issuance of the original permit and | ||||||
26 | the
renewal.
|
| |||||||
| |||||||
1 | (5) Persons holding a permit under this Section shall
| ||||||
2 | only practice medicine in all of its branches or practice
| ||||||
3 | the treatment of human ailments without the use of drugs
| ||||||
4 | and without operative surgery in the State of Illinois in
| ||||||
5 | their official capacity under their contract
within the | ||||||
6 | medical school itself and any affiliated institution in | ||||||
7 | which the
permit holder is providing instruction as part | ||||||
8 | of the medical school's
educational program and for which | ||||||
9 | the medical school has assumed direct
responsibility.
| ||||||
10 | (6) After the initial renewal of a visiting professor | ||||||
11 | permit, a visiting professor permit shall be valid until | ||||||
12 | the last day of the
next physician license renewal period, | ||||||
13 | as set by rule, and may only be
renewed for applicants who | ||||||
14 | meet the following requirements:
| ||||||
15 | (i) have obtained the required continuing | ||||||
16 | education hours as set by
rule; and
| ||||||
17 | (ii) have paid the fee prescribed for a license | ||||||
18 | under Section 21 of this
Act.
| ||||||
19 | For initial renewal, the visiting professor must | ||||||
20 | successfully pass a
general competency examination authorized | ||||||
21 | by the Department by rule, unless he or she was issued an | ||||||
22 | initial visiting professor permit on or after January 1, 2007, | ||||||
23 | but prior to July 1, 2007.
| ||||||
24 | (B) Visiting physician permit.
| ||||||
25 | (1) The Department may, in its discretion, issue a |
| |||||||
| |||||||
1 | temporary visiting
physician permit, without examination, | ||||||
2 | provided:
| ||||||
3 | (a) (blank);
| ||||||
4 | (b) that the person maintains an equivalent | ||||||
5 | authorization to practice
medicine in all of its | ||||||
6 | branches or to practice the treatment of human
| ||||||
7 | ailments without the use of drugs and without | ||||||
8 | operative surgery in good
standing in his or her | ||||||
9 | native licensing jurisdiction during the period of the
| ||||||
10 | temporary visiting physician permit;
| ||||||
11 | (c) that the person has received an invitation or | ||||||
12 | appointment to study,
demonstrate, or perform a
| ||||||
13 | specific medical, osteopathic, chiropractic or | ||||||
14 | clinical subject or
technique in a medical, | ||||||
15 | osteopathic, or chiropractic school, a state or | ||||||
16 | national medical, osteopathic, or chiropractic | ||||||
17 | professional association or society conference or | ||||||
18 | meeting, a hospital
licensed under the Hospital | ||||||
19 | Licensing Act, a hospital organized
under the | ||||||
20 | University of Illinois Hospital Act, or a facility | ||||||
21 | operated
pursuant to the Ambulatory Surgical Treatment | ||||||
22 | Center Act; and
| ||||||
23 | (d) that the temporary visiting physician permit | ||||||
24 | shall only permit the
holder to practice medicine in | ||||||
25 | all of its branches or practice the
treatment of human | ||||||
26 | ailments without the use of drugs and without |
| |||||||
| |||||||
1 | operative
surgery within the scope of the medical, | ||||||
2 | osteopathic, chiropractic, or
clinical studies, or in | ||||||
3 | conjunction with the state or national medical, | ||||||
4 | osteopathic, or chiropractic professional association | ||||||
5 | or society conference or meeting, for which the holder | ||||||
6 | was invited or appointed.
| ||||||
7 | (2) The application for the temporary visiting | ||||||
8 | physician permit shall be
made to the Department, in | ||||||
9 | writing, on forms prescribed by the
Department, and shall | ||||||
10 | be accompanied by the required fee established by
rule, | ||||||
11 | which shall not be refundable. The application shall | ||||||
12 | require
information that, in the judgment of the | ||||||
13 | Department, will enable the
Department to pass on the | ||||||
14 | qualification of the applicant, and the necessity
for the | ||||||
15 | granting of a temporary visiting physician permit.
| ||||||
16 | (3) A temporary visiting physician permit shall be | ||||||
17 | valid for no longer than (i) 180
days
from the date of | ||||||
18 | issuance or (ii) until the time the medical, osteopathic,
| ||||||
19 | chiropractic, or clinical studies are completed, or the | ||||||
20 | state or national medical, osteopathic, or chiropractic | ||||||
21 | professional association or society conference or meeting | ||||||
22 | has concluded, whichever occurs first. The temporary | ||||||
23 | visiting physician permit may be issued multiple times to | ||||||
24 | a visiting physician under this paragraph (3) as long as | ||||||
25 | the total number of days it is active do not exceed 180 | ||||||
26 | days within a 365-day period.
|
| |||||||
| |||||||
1 | (4) The applicant for a temporary visiting physician | ||||||
2 | permit may be
required to appear before the Medical | ||||||
3 | Licensing Board for an interview
prior to, and as a | ||||||
4 | requirement for, the issuance of a temporary visiting
| ||||||
5 | physician permit.
| ||||||
6 | (5) A limited temporary visiting physician permit | ||||||
7 | shall be issued to a
physician licensed in another state | ||||||
8 | who has been requested to perform emergency
procedures in | ||||||
9 | Illinois if he or she meets the requirements as | ||||||
10 | established by
rule.
| ||||||
11 | (C) Visiting resident permit.
| ||||||
12 | (1) The Department may, in its discretion, issue a | ||||||
13 | temporary visiting
resident permit, without examination, | ||||||
14 | provided:
| ||||||
15 | (a) (blank);
| ||||||
16 | (b) that the person maintains an equivalent | ||||||
17 | authorization to practice
medicine in all of its | ||||||
18 | branches or to practice the treatment of human
| ||||||
19 | ailments without the use of drugs and without | ||||||
20 | operative surgery in good
standing in his or her | ||||||
21 | native licensing jurisdiction during the period of
the | ||||||
22 | temporary visiting resident permit;
| ||||||
23 | (c) that the applicant is enrolled in a | ||||||
24 | postgraduate clinical training
program outside the | ||||||
25 | State of Illinois that is approved by the Department;
|
| |||||||
| |||||||
1 | (d) that the individual has been invited or | ||||||
2 | appointed for a specific
period of time to perform a | ||||||
3 | portion of that post graduate clinical training
| ||||||
4 | program under the supervision of an Illinois licensed | ||||||
5 | physician in an
Illinois patient care clinic or | ||||||
6 | facility that is affiliated with the
out-of-State post | ||||||
7 | graduate training program; and
| ||||||
8 | (e) that the temporary visiting resident permit | ||||||
9 | shall only permit the
holder to practice medicine in | ||||||
10 | all of its branches or practice the
treatment of human | ||||||
11 | ailments without the use of drugs and without | ||||||
12 | operative
surgery within the scope of the medical, | ||||||
13 | osteopathic, chiropractic or
clinical studies for | ||||||
14 | which the holder was invited or appointed.
| ||||||
15 | (2) The application for the temporary visiting | ||||||
16 | resident permit shall be
made to the Department, in | ||||||
17 | writing, on forms prescribed by the Department,
and shall | ||||||
18 | be accompanied by the required fee established by rule. | ||||||
19 | The
application shall require information that, in the | ||||||
20 | judgment of the
Department, will enable the Department to | ||||||
21 | pass on the qualifications of
the applicant.
| ||||||
22 | (3) A temporary visiting resident permit shall be | ||||||
23 | valid for 180 days from
the date of issuance or until the | ||||||
24 | time the medical, osteopathic,
chiropractic, or clinical | ||||||
25 | studies are completed, whichever occurs first.
| ||||||
26 | (4) The applicant for a temporary visiting resident |
| |||||||
| |||||||
1 | permit may be
required to appear before the Medical | ||||||
2 | Licensing Board for an interview
prior to, and as a | ||||||
3 | requirement for, the issuance of a temporary visiting
| ||||||
4 | resident permit.
| ||||||
5 | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
| ||||||
6 | (225 ILCS 60/19) (from Ch. 111, par. 4400-19)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
8 | Sec. 19. Licensure by endorsement. The Department may, in | ||||||
9 | its
discretion,
issue a license by endorsement to any person | ||||||
10 | who is currently licensed
to practice medicine in all of its | ||||||
11 | branches,
or a chiropractic physician, in any other state,
| ||||||
12 | territory, country or province, upon the following
conditions | ||||||
13 | and submitting evidence satisfactory to the Department of the | ||||||
14 | following:
| ||||||
15 | (A) (Blank);
| ||||||
16 | (B) That the applicant is of good moral character. In
| ||||||
17 | determining moral character under this Section, the
| ||||||
18 | Department may take into consideration whether the | ||||||
19 | applicant
has engaged in conduct or activities which would | ||||||
20 | constitute
grounds for discipline under this Act. The | ||||||
21 | Department may
also request the applicant to submit, and | ||||||
22 | may consider as
evidence of moral character, endorsements | ||||||
23 | from 2 or 3
individuals licensed under this Act;
| ||||||
24 | (C) That the applicant is physically, mentally and
| ||||||
25 | professionally capable of practicing medicine with
|
| |||||||
| |||||||
1 | reasonable judgment, skill and safety. In determining
| ||||||
2 | physical, mental and professional capacity under this
| ||||||
3 | Section the Medical Licensing Board may, upon a showing of
| ||||||
4 | a possible incapacity, compel an applicant to submit to a
| ||||||
5 | mental or physical examination and evaluation, or both, in | ||||||
6 | the same manner as provided in Section 22 and may | ||||||
7 | condition
or restrict any license, subject to the same | ||||||
8 | terms and
conditions as are provided for the Medical | ||||||
9 | Disciplinary
Board under Section 22 of this Act.
| ||||||
10 | (D) That if the applicant seeks to practice medicine
| ||||||
11 | in all of its branches:
| ||||||
12 | (1) if the applicant was licensed in another | ||||||
13 | jurisdiction prior to
January
1,
1988, that the | ||||||
14 | applicant has satisfied the educational
requirements | ||||||
15 | of paragraph (1) of subsection (A) or paragraph (2) of
| ||||||
16 | subsection (A) of Section 11 of
this Act; or
| ||||||
17 | (2) if the applicant was licensed in another | ||||||
18 | jurisdiction after December
31,
1987, that the | ||||||
19 | applicant has
satisfied the educational requirements | ||||||
20 | of paragraph (A)(2)
of Section 11 of this Act; and
| ||||||
21 | (3) the requirements for a license to practice
| ||||||
22 | medicine in all of its branches in the particular | ||||||
23 | state,
territory, country or province in which the | ||||||
24 | applicant is
licensed are deemed by the Department to | ||||||
25 | have been
substantially equivalent to the requirements | ||||||
26 | for a license
to practice medicine in all of its |
| |||||||
| |||||||
1 | branches in force in this
State at the date of the | ||||||
2 | applicant's license;
| ||||||
3 | (E) That if the applicant seeks to treat human
| ||||||
4 | ailments without the use of drugs and without operative
| ||||||
5 | surgery:
| ||||||
6 | (1) the applicant is a graduate of a chiropractic
| ||||||
7 | school or college approved by the Department at the | ||||||
8 | time of
their graduation;
| ||||||
9 | (2) the requirements for the applicant's license | ||||||
10 | to
practice the treatment of human ailments without | ||||||
11 | the use of
drugs are deemed by the Department to have | ||||||
12 | been
substantially equivalent to the requirements for | ||||||
13 | a license
to practice in this State at the date of the | ||||||
14 | applicant's
license;
| ||||||
15 | (F) That the Department may, in its discretion, issue | ||||||
16 | a
license by endorsement to any graduate of a
medical or | ||||||
17 | osteopathic college, reputable and
in good standing in the
| ||||||
18 | judgment of the Department, who has passed an examination
| ||||||
19 | for admission to the United States Public Health Service, | ||||||
20 | or
who has passed any other examination deemed by the
| ||||||
21 | Department to have been at least equal in all substantial
| ||||||
22 | respects to the examination required for admission to any
| ||||||
23 | such medical corps;
| ||||||
24 | (G) That applications for licenses by endorsement
| ||||||
25 | shall be filed with the Department, under oath, on forms
| ||||||
26 | prepared and furnished by the Department, and shall set
|
| |||||||
| |||||||
1 | forth, and applicants therefor shall supply such | ||||||
2 | information
respecting the life, education, professional | ||||||
3 | practice, and
moral character of applicants as the | ||||||
4 | Department may require
to be filed for its use;
| ||||||
5 | (H) That the applicant undergo
the criminal background | ||||||
6 | check established under Section 9.7 of this Act.
| ||||||
7 | In the exercise of its discretion under this Section,
the | ||||||
8 | Department is empowered to consider and evaluate each
| ||||||
9 | applicant on an individual basis. It may take into account,
| ||||||
10 | among other things: the extent to which the applicant will | ||||||
11 | bring unique experience and skills to the State of Illinois or | ||||||
12 | the extent to which there is or is not
available to the | ||||||
13 | Department authentic and definitive
information concerning the | ||||||
14 | quality of medical education and
clinical training which the | ||||||
15 | applicant has had. Under no
circumstances shall a license be | ||||||
16 | issued under the provisions
of this Section to any person who | ||||||
17 | has previously taken and
failed the written examination | ||||||
18 | conducted by the Department
for such license. In the exercise | ||||||
19 | of its discretion under this Section, the Department may | ||||||
20 | require an applicant to successfully complete an examination | ||||||
21 | as recommended by the Medical Licensing Board. The Department | ||||||
22 | may
also request the applicant to submit, and may consider as
| ||||||
23 | evidence of moral character, evidence from 2 or 3
individuals | ||||||
24 | licensed under this Act.
Applicants have 3 years from the date | ||||||
25 | of application to complete the
application process. If the | ||||||
26 | process has not been completed within 3 years, the
application |
| |||||||
| |||||||
1 | shall be denied, the fees shall be forfeited, and the | ||||||
2 | applicant
must reapply and meet the requirements in effect at | ||||||
3 | the time of
reapplication.
| ||||||
4 | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
| ||||||
5 | (225 ILCS 60/21) (from Ch. 111, par. 4400-21)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
7 | Sec. 21. License renewal; reinstatement; inactive status; | ||||||
8 | disposition and
collection of fees. | ||||||
9 | (A) Renewal. The expiration date and renewal period for | ||||||
10 | each
license issued under this Act shall be set by rule. The | ||||||
11 | holder of a
license may renew the license by paying the | ||||||
12 | required fee. The
holder of a
license may also renew the | ||||||
13 | license within 90 days after its expiration by
complying with | ||||||
14 | the requirements for renewal and payment of an additional
fee. | ||||||
15 | A license renewal within 90 days after expiration shall be | ||||||
16 | effective
retroactively to the expiration date.
| ||||||
17 | The Department shall attempt to provide through electronic | ||||||
18 | means to each licensee under this Act, at least 60 days in | ||||||
19 | advance of the expiration date of his or her license, a renewal | ||||||
20 | notice. No such license shall be deemed to have lapsed until 90 | ||||||
21 | days after the expiration date and after the Department has | ||||||
22 | attempted to provide such notice as herein provided. | ||||||
23 | (B) Reinstatement. Any licensee who has permitted his or | ||||||
24 | her
license to lapse or who has had his or her license on | ||||||
25 | inactive
status may have his or her license reinstated by |
| |||||||
| |||||||
1 | making application
to the Department and filing proof | ||||||
2 | acceptable to the
Department of his or her fitness to have the
| ||||||
3 | license reinstated,
including evidence certifying to active | ||||||
4 | practice in another
jurisdiction satisfactory to the | ||||||
5 | Department, proof of meeting the continuing
education | ||||||
6 | requirements for one renewal period, and by paying
the | ||||||
7 | required reinstatement fee.
| ||||||
8 | If the licensee has not maintained an active practice
in | ||||||
9 | another jurisdiction satisfactory to the Department, the | ||||||
10 | Medical
Licensing Board shall determine, by an evaluation | ||||||
11 | program
established by rule, the applicant's fitness to resume | ||||||
12 | active
status
and may require the licensee to complete a | ||||||
13 | period of
evaluated clinical experience and may require | ||||||
14 | successful
completion of a practical examination specified by | ||||||
15 | the Medical Licensing Board.
| ||||||
16 | However, any registrant whose license has expired while
he | ||||||
17 | or she has been engaged (a) in Federal Service on active
duty
| ||||||
18 | with the Army of the United States, the United States Navy,
the | ||||||
19 | Marine Corps, the Air Force, the Coast Guard, the Public
| ||||||
20 | Health Service or the State Militia called into the service
or | ||||||
21 | training of the United States of America, or (b) in
training or | ||||||
22 | education under the supervision of the United
States | ||||||
23 | preliminary to induction into the military service,
may have | ||||||
24 | his or her license reinstated without paying
any lapsed | ||||||
25 | renewal fees, if within 2 years after honorable
termination of | ||||||
26 | such service, training, or education, he or she
furnishes to |
| |||||||
| |||||||
1 | the Department with satisfactory evidence to the
effect that | ||||||
2 | he or she has been so engaged and that his or
her
service, | ||||||
3 | training, or education has been so terminated.
| ||||||
4 | (C) Inactive licenses. Any licensee who notifies the
| ||||||
5 | Department, in writing on forms prescribed by the
Department, | ||||||
6 | may elect to place his or her license on an inactive
status and | ||||||
7 | shall, subject to rules of the Department, be
excused from | ||||||
8 | payment of renewal fees until he or she notifies the
| ||||||
9 | Department in writing of his or her desire to resume active
| ||||||
10 | status.
| ||||||
11 | Any licensee requesting reinstatement from inactive
status | ||||||
12 | shall be required to pay the current renewal fee, provide | ||||||
13 | proof of
meeting the continuing education requirements for the | ||||||
14 | period of time the
license is inactive not to exceed one | ||||||
15 | renewal period, and
shall be required to reinstate his or her | ||||||
16 | license as provided
in
subsection (B).
| ||||||
17 | Any licensee whose license is in an inactive status
shall | ||||||
18 | not practice in the State of Illinois.
| ||||||
19 | (D) Disposition of monies collected. All monies
collected | ||||||
20 | under this Act by the Department shall be
deposited in the | ||||||
21 | Illinois State Medical Disciplinary Fund in
the State | ||||||
22 | Treasury, and used only for the following
purposes: (a) by the | ||||||
23 | Medical Disciplinary
Board and Licensing Board in the exercise | ||||||
24 | of its powers and performance of its
duties, as such use is | ||||||
25 | made by the Department with full
consideration of all | ||||||
26 | recommendations of the Medical
Disciplinary Board and |
| |||||||
| |||||||
1 | Licensing Board, (b) for costs directly related to
persons | ||||||
2 | licensed under this Act, and (c) for direct and allocable | ||||||
3 | indirect
costs related to the public purposes of the | ||||||
4 | Department.
| ||||||
5 | Moneys in the Fund may be transferred to the Professions | ||||||
6 | Indirect Cost Fund
as authorized under Section 2105-300 of the | ||||||
7 | Department of Professional
Regulation Law of the Civil | ||||||
8 | Administrative Code of Illinois.
| ||||||
9 | All earnings received from investment of monies in the
| ||||||
10 | Illinois State Medical Disciplinary Fund shall be deposited
in | ||||||
11 | the Illinois State Medical Disciplinary Fund and shall be
used | ||||||
12 | for the same purposes as fees deposited in such Fund.
| ||||||
13 | (E) Fees. The following fees are nonrefundable.
| ||||||
14 | (1) Applicants for any examination shall be required
| ||||||
15 | to pay, either to the Department or to the designated
| ||||||
16 | testing service, a fee covering the cost of determining | ||||||
17 | the
applicant's eligibility and providing the examination.
| ||||||
18 | Failure to appear for the examination on the scheduled | ||||||
19 | date,
at the time and place specified, after the | ||||||
20 | applicant's
application for examination has been received | ||||||
21 | and
acknowledged by the Department or the designated | ||||||
22 | testing
service, shall result in the forfeiture of the | ||||||
23 | examination
fee.
| ||||||
24 | (2) Before July 1, 2018, the fee for a license under | ||||||
25 | Section 9 of this Act
is $700. Beginning on July 1, 2018, | ||||||
26 | the fee for a license under Section 9 of this Act is $500.
|
| |||||||
| |||||||
1 | (3) Before July 1, 2018, the fee for a license under | ||||||
2 | Section 19 of this Act
is $700. Beginning on July 1, 2018, | ||||||
3 | the fee for a license under Section 19 of this Act is $500.
| ||||||
4 | (4) Before July 1, 2018, the fee for the renewal of a | ||||||
5 | license for a resident of Illinois
shall be calculated at | ||||||
6 | the rate of $230 per year, and beginning on July 1, 2018 | ||||||
7 | and until January 1, 2020, the fee for the renewal of a | ||||||
8 | license shall be $167, except for licensees
who were | ||||||
9 | issued a license within 12 months of the expiration date | ||||||
10 | of the
license, before July 1, 2018, the fee for the | ||||||
11 | renewal shall be $230, and beginning on July 1, 2018 and | ||||||
12 | until January 1, 2020 that fee will be $167. Before July 1, | ||||||
13 | 2018, the fee for the renewal
of a license for a | ||||||
14 | nonresident shall be calculated at the rate of $460 per
| ||||||
15 | year, and beginning on July 1, 2018 and until January 1, | ||||||
16 | 2020, the fee for the renewal of a license for a | ||||||
17 | nonresident shall be $250, except for licensees
who were | ||||||
18 | issued a license within 12 months of the expiration date | ||||||
19 | of the
license, before July 1, 2018, the fee for the | ||||||
20 | renewal shall be $460, and beginning on July 1, 2018 and | ||||||
21 | until January 1, 2020 that fee will be $250. Beginning on | ||||||
22 | January 1, 2020, the fee for renewal of a license for a | ||||||
23 | resident or nonresident is $181 per year.
| ||||||
24 | (5) The fee for the reinstatement of a license other
| ||||||
25 | than from inactive status, is $230. In addition, payment | ||||||
26 | of all
lapsed renewal fees not to exceed $1,400 is |
| |||||||
| |||||||
1 | required.
| ||||||
2 | (6) The fee for a 3-year temporary license under
| ||||||
3 | Section 17 is $230.
| ||||||
4 | (7) The fee for the issuance of a
license with a change | ||||||
5 | of name or address other than during
the renewal period is | ||||||
6 | $20. No fee is required for name and
address changes on | ||||||
7 | Department records when no updated
license is issued.
| ||||||
8 | (8) The fee to be paid for a license record for any
| ||||||
9 | purpose is $20.
| ||||||
10 | (9) The fee to be paid to have the scoring of an
| ||||||
11 | examination, administered by the Department, reviewed and
| ||||||
12 | verified, is $20 plus any fees charged by the applicable
| ||||||
13 | testing service.
| ||||||
14 | (F) Any person who delivers a check or other payment to the | ||||||
15 | Department that
is returned to the Department unpaid by the | ||||||
16 | financial institution upon
which it is drawn shall pay to the | ||||||
17 | Department, in addition to the amount
already owed to the | ||||||
18 | Department, a fine of $50. The fines imposed by this Section | ||||||
19 | are in addition
to any other discipline provided under this | ||||||
20 | Act for unlicensed
practice or practice on a nonrenewed | ||||||
21 | license. The Department shall notify
the person that payment | ||||||
22 | of fees and fines shall be paid to the Department
by certified | ||||||
23 | check or money order within 30 calendar days of the
| ||||||
24 | notification. If, after the expiration of 30 days from the | ||||||
25 | date of the
notification, the person has failed to submit the | ||||||
26 | necessary remittance, the
Department shall automatically |
| |||||||
| |||||||
1 | terminate the license or permit or deny
the application, | ||||||
2 | without hearing. If, after termination or denial, the
person | ||||||
3 | seeks a license or permit, he or she shall apply to the
| ||||||
4 | Department for reinstatement or issuance of the license or | ||||||
5 | permit and
pay all fees and fines due to the Department. The | ||||||
6 | Department may establish
a fee for the processing of an | ||||||
7 | application for reinstatement of a license or permit
to pay | ||||||
8 | all expenses of processing this application. The Secretary
may | ||||||
9 | waive the fines due under this Section in individual cases | ||||||
10 | where the
Secretary finds that the fines would be unreasonable | ||||||
11 | or unnecessarily
burdensome.
| ||||||
12 | (Source: P.A. 101-316, eff. 8-9-19; 101-603, eff. 1-1-20.)
| ||||||
13 | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
15 | Sec. 22. Disciplinary action.
| ||||||
16 | (A) The Department may revoke, suspend, place on | ||||||
17 | probation, reprimand, refuse to issue or renew, or take any | ||||||
18 | other disciplinary or non-disciplinary action as the | ||||||
19 | Department may deem proper
with regard to the license or | ||||||
20 | permit of any person issued
under this Act, including imposing | ||||||
21 | fines not to exceed $10,000 for each violation, upon any of the | ||||||
22 | following grounds:
| ||||||
23 | (1) (Blank).
| ||||||
24 | (2) (Blank).
| ||||||
25 | (3) A plea of guilty or nolo contendere, finding of |
| |||||||
| |||||||
1 | guilt, jury verdict, or entry of judgment or sentencing, | ||||||
2 | including, but not limited to, convictions, preceding | ||||||
3 | sentences of supervision, conditional discharge, or first | ||||||
4 | offender probation, under the laws of any jurisdiction of | ||||||
5 | the United States of any crime that is a felony.
| ||||||
6 | (4) Gross negligence in practice under this Act.
| ||||||
7 | (5) Engaging in dishonorable, unethical , or | ||||||
8 | unprofessional
conduct of a
character likely to deceive, | ||||||
9 | defraud or harm the public.
| ||||||
10 | (6) Obtaining any fee by fraud, deceit, or
| ||||||
11 | misrepresentation.
| ||||||
12 | (7) Habitual or excessive use or abuse of drugs | ||||||
13 | defined in law
as
controlled substances, of alcohol, or of | ||||||
14 | any other substances which results in
the inability to | ||||||
15 | practice with reasonable judgment, skill , or safety.
| ||||||
16 | (8) Practicing under a false or, except as provided by | ||||||
17 | law, an
assumed
name.
| ||||||
18 | (9) Fraud or misrepresentation in applying for, or | ||||||
19 | procuring, a
license
under this Act or in connection with | ||||||
20 | applying for renewal of a license under
this Act.
| ||||||
21 | (10) Making a false or misleading statement regarding | ||||||
22 | their
skill or the
efficacy or value of the medicine, | ||||||
23 | treatment, or remedy prescribed by them at
their direction | ||||||
24 | in the treatment of any disease or other condition of the | ||||||
25 | body
or mind.
| ||||||
26 | (11) Allowing another person or organization to use |
| |||||||
| |||||||
1 | their
license, procured
under this Act, to practice.
| ||||||
2 | (12) Adverse action taken by another state or | ||||||
3 | jurisdiction
against a license
or other authorization to | ||||||
4 | practice as a medical doctor, doctor of osteopathy,
doctor | ||||||
5 | of osteopathic medicine or
doctor of chiropractic, a | ||||||
6 | certified copy of the record of the action taken by
the | ||||||
7 | other state or jurisdiction being prima facie evidence | ||||||
8 | thereof. This includes any adverse action taken by a State | ||||||
9 | or federal agency that prohibits a medical doctor, doctor | ||||||
10 | of osteopathy, doctor of osteopathic medicine, or doctor | ||||||
11 | of chiropractic from providing services to the agency's | ||||||
12 | participants.
| ||||||
13 | (13) Violation of any provision of this Act or of the | ||||||
14 | Medical
Practice Act
prior to the repeal of that Act, or | ||||||
15 | violation of the rules, or a final
administrative action | ||||||
16 | of the Secretary, after consideration of the
| ||||||
17 | recommendation of the Medical Disciplinary Board.
| ||||||
18 | (14) Violation of the prohibition against fee | ||||||
19 | splitting in Section 22.2 of this Act.
| ||||||
20 | (15) A finding by the Medical Disciplinary Board that | ||||||
21 | the
registrant after
having his or her license placed on | ||||||
22 | probationary status or subjected to
conditions or | ||||||
23 | restrictions violated the terms of the probation or failed | ||||||
24 | to
comply with such terms or conditions.
| ||||||
25 | (16) Abandonment of a patient.
| ||||||
26 | (17) Prescribing, selling, administering, |
| |||||||
| |||||||
1 | distributing, giving ,
or
self-administering any drug | ||||||
2 | classified as a controlled substance (designated
product) | ||||||
3 | or narcotic for other than medically accepted therapeutic
| ||||||
4 | purposes.
| ||||||
5 | (18) Promotion of the sale of drugs, devices, | ||||||
6 | appliances , or
goods provided
for a patient in such manner | ||||||
7 | as to exploit the patient for financial gain of
the | ||||||
8 | physician.
| ||||||
9 | (19) Offering, undertaking , or agreeing to cure or | ||||||
10 | treat
disease by a secret
method, procedure, treatment , or | ||||||
11 | medicine, or the treating, operating , or
prescribing for | ||||||
12 | any human condition by a method, means , or procedure which | ||||||
13 | the
licensee refuses to divulge upon demand of the | ||||||
14 | Department.
| ||||||
15 | (20) Immoral conduct in the commission of any act | ||||||
16 | including,
but not limited to, commission of an act of | ||||||
17 | sexual misconduct related to the
licensee's
practice.
| ||||||
18 | (21) Willfully making or filing false records or | ||||||
19 | reports in his
or her
practice as a physician, including, | ||||||
20 | but not limited to, false records to
support claims | ||||||
21 | against the medical assistance program of the Department | ||||||
22 | of Healthcare and Family Services (formerly Department of
| ||||||
23 | Public Aid)
under the Illinois Public Aid Code.
| ||||||
24 | (22) Willful omission to file or record, or willfully | ||||||
25 | impeding
the filing or
recording, or inducing another | ||||||
26 | person to omit to file or record, medical
reports as |
| |||||||
| |||||||
1 | required by law, or willfully failing to report an | ||||||
2 | instance of
suspected abuse or neglect as required by law.
| ||||||
3 | (23) Being named as a perpetrator in an indicated | ||||||
4 | report by
the Department
of Children and Family Services | ||||||
5 | under the Abused and Neglected Child Reporting
Act, and | ||||||
6 | upon proof by clear and convincing evidence that the | ||||||
7 | licensee has
caused a child to be an abused child or | ||||||
8 | neglected child as defined in the
Abused and Neglected | ||||||
9 | Child Reporting Act.
| ||||||
10 | (24) Solicitation of professional patronage by any
| ||||||
11 | corporation, agents or
persons, or profiting from those | ||||||
12 | representing themselves to be agents of the
licensee.
| ||||||
13 | (25) Gross and willful and continued overcharging for
| ||||||
14 | professional services,
including filing false statements | ||||||
15 | for collection of fees for which services are
not | ||||||
16 | rendered, including, but not limited to, filing such false | ||||||
17 | statements for
collection of monies for services not | ||||||
18 | rendered from the medical assistance
program of the | ||||||
19 | Department of Healthcare and Family Services (formerly | ||||||
20 | Department of Public Aid)
under the Illinois Public Aid
| ||||||
21 | Code.
| ||||||
22 | (26) A pattern of practice or other behavior which
| ||||||
23 | demonstrates
incapacity
or incompetence to practice under | ||||||
24 | this Act.
| ||||||
25 | (27) Mental illness or disability which results in the
| ||||||
26 | inability to
practice under this Act with reasonable |
| |||||||
| |||||||
1 | judgment, skill , or safety.
| ||||||
2 | (28) Physical illness, including, but not limited to,
| ||||||
3 | deterioration through
the aging process, or loss of motor | ||||||
4 | skill which results in a physician's
inability to practice | ||||||
5 | under this Act with reasonable judgment, skill , or
safety.
| ||||||
6 | (29) Cheating on or attempt to subvert the licensing
| ||||||
7 | examinations
administered under this Act.
| ||||||
8 | (30) Willfully or negligently violating the | ||||||
9 | confidentiality
between
physician and patient except as | ||||||
10 | required by law.
| ||||||
11 | (31) The use of any false, fraudulent, or deceptive | ||||||
12 | statement
in any
document connected with practice under | ||||||
13 | this Act.
| ||||||
14 | (32) Aiding and abetting an individual not licensed | ||||||
15 | under this
Act in the
practice of a profession licensed | ||||||
16 | under this Act.
| ||||||
17 | (33) Violating state or federal laws or regulations | ||||||
18 | relating
to controlled
substances, legend
drugs, or | ||||||
19 | ephedra as defined in the Ephedra Prohibition Act.
| ||||||
20 | (34) Failure to report to the Department any adverse | ||||||
21 | final
action taken
against them by another licensing | ||||||
22 | jurisdiction (any other state or any
territory of the | ||||||
23 | United States or any foreign state or country), by any | ||||||
24 | peer
review body, by any health care institution, by any | ||||||
25 | professional society or
association related to practice | ||||||
26 | under this Act, by any governmental agency, by
any law |
| |||||||
| |||||||
1 | enforcement agency, or by any court for acts or conduct | ||||||
2 | similar to acts
or conduct which would constitute grounds | ||||||
3 | for action as defined in this
Section.
| ||||||
4 | (35) Failure to report to the Department surrender of | ||||||
5 | a
license or
authorization to practice as a medical | ||||||
6 | doctor, a doctor of osteopathy, a
doctor of osteopathic | ||||||
7 | medicine, or doctor
of chiropractic in another state or | ||||||
8 | jurisdiction, or surrender of membership on
any medical | ||||||
9 | staff or in any medical or professional association or | ||||||
10 | society,
while under disciplinary investigation by any of | ||||||
11 | those authorities or bodies,
for acts or conduct similar | ||||||
12 | to acts or conduct which would constitute grounds
for | ||||||
13 | action as defined in this Section.
| ||||||
14 | (36) Failure to report to the Department any adverse | ||||||
15 | judgment,
settlement,
or award arising from a liability | ||||||
16 | claim related to acts or conduct similar to
acts or | ||||||
17 | conduct which would constitute grounds for action as | ||||||
18 | defined in this
Section.
| ||||||
19 | (37) Failure to provide copies of medical records as | ||||||
20 | required
by law.
| ||||||
21 | (38) Failure to furnish the Department, its | ||||||
22 | investigators or
representatives, relevant information, | ||||||
23 | legally requested by the Department
after consultation | ||||||
24 | with the Chief Medical Coordinator or the Deputy Medical
| ||||||
25 | Coordinator.
| ||||||
26 | (39) Violating the Health Care Worker Self-Referral
|
| |||||||
| |||||||
1 | Act.
| ||||||
2 | (40) Willful failure to provide notice when notice is | ||||||
3 | required
under the
Parental Notice of Abortion Act of | ||||||
4 | 1995.
| ||||||
5 | (41) Failure to establish and maintain records of | ||||||
6 | patient care and
treatment as required by this law.
| ||||||
7 | (42) Entering into an excessive number of written | ||||||
8 | collaborative
agreements with licensed advanced practice | ||||||
9 | registered nurses resulting in an inability to
adequately | ||||||
10 | collaborate.
| ||||||
11 | (43) Repeated failure to adequately collaborate with a | ||||||
12 | licensed advanced practice registered nurse. | ||||||
13 | (44) Violating the Compassionate Use of Medical | ||||||
14 | Cannabis Program Act.
| ||||||
15 | (45) Entering into an excessive number of written | ||||||
16 | collaborative agreements with licensed prescribing | ||||||
17 | psychologists resulting in an inability to adequately | ||||||
18 | collaborate. | ||||||
19 | (46) Repeated failure to adequately collaborate with a | ||||||
20 | licensed prescribing psychologist. | ||||||
21 | (47) Willfully failing to report an instance of | ||||||
22 | suspected abuse, neglect, financial exploitation, or | ||||||
23 | self-neglect of an eligible adult as defined in and | ||||||
24 | required by the Adult Protective Services Act. | ||||||
25 | (48) Being named as an abuser in a verified report by | ||||||
26 | the Department on Aging under the Adult Protective |
| |||||||
| |||||||
1 | Services Act, and upon proof by clear and convincing | ||||||
2 | evidence that the licensee abused, neglected, or | ||||||
3 | financially exploited an eligible adult as defined in the | ||||||
4 | Adult Protective Services Act. | ||||||
5 | (49) Entering into an excessive number of written | ||||||
6 | collaborative agreements with licensed physician | ||||||
7 | assistants resulting in an inability to adequately | ||||||
8 | collaborate. | ||||||
9 | (50) Repeated failure to adequately collaborate with a | ||||||
10 | physician assistant. | ||||||
11 | Except
for actions involving the ground numbered (26), all | ||||||
12 | proceedings to suspend,
revoke, place on probationary status, | ||||||
13 | or take any
other disciplinary action as the Department may | ||||||
14 | deem proper, with regard to a
license on any of the foregoing | ||||||
15 | grounds, must be commenced within 5 years next
after receipt | ||||||
16 | by the Department of a complaint alleging the commission of or
| ||||||
17 | notice of the conviction order for any of the acts described | ||||||
18 | herein. Except
for the grounds numbered (8), (9), (26), and | ||||||
19 | (29), no action shall be commenced more
than 10 years after the | ||||||
20 | date of the incident or act alleged to have violated
this | ||||||
21 | Section. For actions involving the ground numbered (26), a | ||||||
22 | pattern of practice or other behavior includes all incidents | ||||||
23 | alleged to be part of the pattern of practice or other behavior | ||||||
24 | that occurred, or a report pursuant to Section 23 of this Act | ||||||
25 | received, within the 10-year period preceding the filing of | ||||||
26 | the complaint. In the event of the settlement of any claim or |
| |||||||
| |||||||
1 | cause of action
in favor of the claimant or the reduction to | ||||||
2 | final judgment of any civil action
in favor of the plaintiff, | ||||||
3 | such claim, cause of action , or civil action being
grounded on | ||||||
4 | the allegation that a person licensed under this Act was | ||||||
5 | negligent
in providing care, the Department shall have an | ||||||
6 | additional period of 2 years
from the date of notification to | ||||||
7 | the Department under Section 23 of this Act
of such settlement | ||||||
8 | or final judgment in which to investigate and
commence formal | ||||||
9 | disciplinary proceedings under Section 36 of this Act, except
| ||||||
10 | as otherwise provided by law. The time during which the holder | ||||||
11 | of the license
was outside the State of Illinois shall not be | ||||||
12 | included within any period of
time limiting the commencement | ||||||
13 | of disciplinary action by the Department.
| ||||||
14 | The entry of an order or judgment by any circuit court | ||||||
15 | establishing that any
person holding a license under this Act | ||||||
16 | is a person in need of mental treatment
operates as a | ||||||
17 | suspension of that license. That person may resume his or her | ||||||
18 | their
practice only upon the entry of a Departmental order | ||||||
19 | based upon a finding by
the Medical Disciplinary Board that | ||||||
20 | the person has they have been determined to be recovered
from | ||||||
21 | mental illness by the court and upon the Medical Disciplinary | ||||||
22 | Board's
recommendation that the person they be permitted to | ||||||
23 | resume his or her their practice.
| ||||||
24 | The Department may refuse to issue or take disciplinary | ||||||
25 | action concerning the license of any person
who fails to file a | ||||||
26 | return, or to pay the tax, penalty , or interest shown in a
|
| |||||||
| |||||||
1 | filed return, or to pay any final assessment of tax, penalty , | ||||||
2 | or interest, as
required by any tax Act administered by the | ||||||
3 | Illinois Department of Revenue,
until such time as the | ||||||
4 | requirements of any such tax Act are satisfied as
determined | ||||||
5 | by the Illinois Department of Revenue.
| ||||||
6 | The Department, upon the recommendation of the Medical | ||||||
7 | Disciplinary Board, shall
adopt rules which set forth | ||||||
8 | standards to be used in determining:
| ||||||
9 | (a) when a person will be deemed sufficiently | ||||||
10 | rehabilitated to warrant the
public trust;
| ||||||
11 | (b) what constitutes dishonorable, unethical , or | ||||||
12 | unprofessional conduct of
a character likely to deceive, | ||||||
13 | defraud, or harm the public;
| ||||||
14 | (c) what constitutes immoral conduct in the commission | ||||||
15 | of any act,
including, but not limited to, commission of | ||||||
16 | an act of sexual misconduct
related
to the licensee's | ||||||
17 | practice; and
| ||||||
18 | (d) what constitutes gross negligence in the practice | ||||||
19 | of medicine.
| ||||||
20 | However, no such rule shall be admissible into evidence in | ||||||
21 | any civil action
except for review of a licensing or other | ||||||
22 | disciplinary action under this Act.
| ||||||
23 | In enforcing this Section, the Medical Disciplinary Board | ||||||
24 | or the Licensing Board,
upon a showing of a possible | ||||||
25 | violation, may compel , in the case of the Disciplinary Board, | ||||||
26 | any individual who is licensed to
practice under this Act or |
| |||||||
| |||||||
1 | holds a permit to practice under this Act, or , in the case of | ||||||
2 | the Licensing Board, any individual who has applied for | ||||||
3 | licensure or a permit
pursuant to this Act, to submit to a | ||||||
4 | mental or physical examination and evaluation, or both,
which | ||||||
5 | may include a substance abuse or sexual offender evaluation, | ||||||
6 | as required by the Medical Licensing Board or Disciplinary | ||||||
7 | Board and at the expense of the Department. The Medical | ||||||
8 | Disciplinary Board or Licensing Board shall specifically | ||||||
9 | designate the examining physician licensed to practice | ||||||
10 | medicine in all of its branches or, if applicable, the | ||||||
11 | multidisciplinary team involved in providing the mental or | ||||||
12 | physical examination and evaluation, or both. The | ||||||
13 | multidisciplinary team shall be led by a physician licensed to | ||||||
14 | practice medicine in all of its branches and may consist of one | ||||||
15 | or more or a combination of physicians licensed to practice | ||||||
16 | medicine in all of its branches, licensed chiropractic | ||||||
17 | physicians, licensed clinical psychologists, licensed clinical | ||||||
18 | social workers, licensed clinical professional counselors, and | ||||||
19 | other professional and administrative staff. Any examining | ||||||
20 | physician or member of the multidisciplinary team may require | ||||||
21 | any person ordered to submit to an examination and evaluation | ||||||
22 | pursuant to this Section to submit to any additional | ||||||
23 | supplemental testing deemed necessary to complete any | ||||||
24 | examination or evaluation process, including, but not limited | ||||||
25 | to, blood testing, urinalysis, psychological testing, or | ||||||
26 | neuropsychological testing.
The Medical Disciplinary Board, |
| |||||||
| |||||||
1 | the Licensing Board , or the Department may order the examining
| ||||||
2 | physician or any member of the multidisciplinary team to | ||||||
3 | provide to the Department , the Disciplinary Board, or the | ||||||
4 | Medical Licensing Board any and all records, including | ||||||
5 | business records, that relate to the examination and | ||||||
6 | evaluation, including any supplemental testing performed. The | ||||||
7 | Medical Disciplinary Board, the Licensing Board , or the | ||||||
8 | Department may order the examining physician or any member of | ||||||
9 | the multidisciplinary team to present testimony concerning | ||||||
10 | this examination
and evaluation of the licensee, permit | ||||||
11 | holder, or applicant, including testimony concerning any | ||||||
12 | supplemental testing or documents relating to the examination | ||||||
13 | and evaluation. No information, report, record, or other | ||||||
14 | documents in any way related to the examination and evaluation | ||||||
15 | shall be excluded by reason of
any common
law or statutory | ||||||
16 | privilege relating to communication between the licensee, | ||||||
17 | permit holder, or
applicant and
the examining physician or any | ||||||
18 | member of the multidisciplinary team.
No authorization is | ||||||
19 | necessary from the licensee, permit holder, or applicant | ||||||
20 | ordered to undergo an evaluation and examination for the | ||||||
21 | examining physician or any member of the multidisciplinary | ||||||
22 | team to provide information, reports, records, or other | ||||||
23 | documents or to provide any testimony regarding the | ||||||
24 | examination and evaluation. The individual to be examined may | ||||||
25 | have, at his or her own expense, another
physician of his or | ||||||
26 | her choice present during all aspects of the examination.
|
| |||||||
| |||||||
1 | Failure of any individual to submit to mental or physical | ||||||
2 | examination and evaluation, or both, when
directed, shall | ||||||
3 | result in an automatic suspension, without hearing, until such | ||||||
4 | time
as the individual submits to the examination. If the | ||||||
5 | Medical Disciplinary Board or Licensing Board finds a | ||||||
6 | physician unable
to practice following an examination and | ||||||
7 | evaluation because of the reasons set forth in this Section, | ||||||
8 | the Medical Disciplinary
Board or Licensing Board shall | ||||||
9 | require such physician to submit to care, counseling, or | ||||||
10 | treatment
by physicians, or other health care professionals, | ||||||
11 | approved or designated by the Medical Disciplinary Board, as a | ||||||
12 | condition
for issued, continued, reinstated, or renewed | ||||||
13 | licensure to practice. Any physician,
whose license was | ||||||
14 | granted pursuant to Sections 9, 17, or 19 of this Act, or,
| ||||||
15 | continued, reinstated, renewed, disciplined or supervised, | ||||||
16 | subject to such
terms, conditions , or restrictions who shall | ||||||
17 | fail to comply with such terms,
conditions , or restrictions, | ||||||
18 | or to complete a required program of care,
counseling, or | ||||||
19 | treatment, as determined by the Chief Medical Coordinator or
| ||||||
20 | Deputy Medical Coordinators, shall be referred to the | ||||||
21 | Secretary for a
determination as to whether the licensee shall | ||||||
22 | have his or her their license suspended
immediately, pending a | ||||||
23 | hearing by the Medical Disciplinary Board. In instances in
| ||||||
24 | which the Secretary immediately suspends a license under this | ||||||
25 | Section, a hearing
upon such person's license must be convened | ||||||
26 | by the Medical Disciplinary Board within 15
days after such |
| |||||||
| |||||||
1 | suspension and completed without appreciable delay. The | ||||||
2 | Medical
Disciplinary Board shall have the authority to review | ||||||
3 | the subject physician's
record of treatment and counseling | ||||||
4 | regarding the impairment, to the extent
permitted by | ||||||
5 | applicable federal statutes and regulations safeguarding the
| ||||||
6 | confidentiality of medical records.
| ||||||
7 | An individual licensed under this Act, affected under this | ||||||
8 | Section, shall be
afforded an opportunity to demonstrate to | ||||||
9 | the Medical Disciplinary Board that he or she they can
resume | ||||||
10 | practice in compliance with acceptable and prevailing | ||||||
11 | standards under
the provisions of his or her their license.
| ||||||
12 | The Department may promulgate rules for the imposition of | ||||||
13 | fines in
disciplinary cases, not to exceed
$10,000 for each | ||||||
14 | violation of this Act. Fines
may be imposed in conjunction | ||||||
15 | with other forms of disciplinary action, but
shall not be the | ||||||
16 | exclusive disposition of any disciplinary action arising out
| ||||||
17 | of conduct resulting in death or injury to a patient. Any funds | ||||||
18 | collected from
such fines shall be deposited in the Illinois | ||||||
19 | State Medical Disciplinary Fund.
| ||||||
20 | All fines imposed under this Section shall be paid within | ||||||
21 | 60 days after the effective date of the order imposing the fine | ||||||
22 | or in accordance with the terms set forth in the order imposing | ||||||
23 | the fine. | ||||||
24 | (B) The Department shall revoke the license or
permit | ||||||
25 | issued under this Act to practice medicine or a chiropractic | ||||||
26 | physician who
has been convicted a second time of committing |
| |||||||
| |||||||
1 | any felony under the
Illinois Controlled Substances Act or the | ||||||
2 | Methamphetamine Control and Community Protection Act, or who | ||||||
3 | has been convicted a second time of
committing a Class 1 felony | ||||||
4 | under Sections 8A-3 and 8A-6 of the Illinois Public
Aid Code. A | ||||||
5 | person whose license or permit is revoked
under
this | ||||||
6 | subsection B shall be prohibited from practicing
medicine or | ||||||
7 | treating human ailments without the use of drugs and without
| ||||||
8 | operative surgery.
| ||||||
9 | (C) The Department shall not revoke, suspend, place on | ||||||
10 | probation, reprimand, refuse to issue or renew, or take any | ||||||
11 | other disciplinary or non-disciplinary action against the | ||||||
12 | license or permit issued under this Act to practice medicine | ||||||
13 | to a physician: | ||||||
14 | (1) based solely upon the recommendation of the | ||||||
15 | physician to an eligible patient regarding, or | ||||||
16 | prescription for, or treatment with, an investigational | ||||||
17 | drug, biological product, or device; or | ||||||
18 | (2) for experimental treatment for Lyme disease or | ||||||
19 | other tick-borne diseases, including, but not limited to, | ||||||
20 | the prescription of or treatment with long-term | ||||||
21 | antibiotics. | ||||||
22 | (D) The Medical Disciplinary Board shall recommend to the
| ||||||
23 | Department civil
penalties and any other appropriate | ||||||
24 | discipline in disciplinary cases when the Medical
Board finds | ||||||
25 | that a physician willfully performed an abortion with actual
| ||||||
26 | knowledge that the person upon whom the abortion has been |
| |||||||
| |||||||
1 | performed is a minor
or an incompetent person without notice | ||||||
2 | as required under the Parental Notice
of Abortion Act of 1995. | ||||||
3 | Upon the Medical Board's recommendation, the Department shall
| ||||||
4 | impose, for the first violation, a civil penalty of $1,000 and | ||||||
5 | for a second or
subsequent violation, a civil penalty of | ||||||
6 | $5,000.
| ||||||
7 | (Source: P.A. 100-429, eff. 8-25-17; 100-513, eff. 1-1-18; | ||||||
8 | 100-605, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1137, eff. | ||||||
9 | 1-1-19; 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; 101-363, | ||||||
10 | eff. 8-9-19; revised 9-20-19.)
| ||||||
11 | (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
13 | Sec. 23. Reports relating to professional conduct
and | ||||||
14 | capacity. | ||||||
15 | (A) Entities required to report.
| ||||||
16 | (1) Health care institutions. The chief administrator
| ||||||
17 | or executive officer of any health care institution | ||||||
18 | licensed
by the Illinois Department of Public Health shall | ||||||
19 | report to
the Medical Disciplinary Board when any person's | ||||||
20 | clinical privileges
are terminated or are restricted based | ||||||
21 | on a final
determination made in accordance with that | ||||||
22 | institution's by-laws
or rules and regulations that a | ||||||
23 | person has either committed
an act or acts which may | ||||||
24 | directly threaten patient care or that a person may have a | ||||||
25 | mental or physical disability that may endanger patients
|
| |||||||
| |||||||
1 | under that person's care. Such officer also shall report | ||||||
2 | if
a person accepts voluntary termination or restriction | ||||||
3 | of
clinical privileges in lieu of formal action based upon | ||||||
4 | conduct related
directly to patient care or in lieu of | ||||||
5 | formal action
seeking to determine whether a person may | ||||||
6 | have a mental or physical disability that may endanger | ||||||
7 | patients
under that person's care. The Medical | ||||||
8 | Disciplinary Board
shall, by rule, provide for the | ||||||
9 | reporting to it by health care institutions of all
| ||||||
10 | instances in which a person, licensed under this Act, who | ||||||
11 | is
impaired by reason of age, drug or alcohol abuse or | ||||||
12 | physical
or mental impairment, is under supervision and, | ||||||
13 | where
appropriate, is in a program of rehabilitation. Such
| ||||||
14 | reports shall be strictly confidential and may be reviewed
| ||||||
15 | and considered only by the members of the Medical | ||||||
16 | Disciplinary
Board, or by authorized staff as provided by | ||||||
17 | rules of the Medical
Disciplinary Board. Provisions shall | ||||||
18 | be made for the
periodic report of the status of any such | ||||||
19 | person not less
than twice annually in order that the | ||||||
20 | Medical Disciplinary Board
shall have current information | ||||||
21 | upon which to determine the
status of any such person. | ||||||
22 | Such initial and periodic
reports of impaired physicians | ||||||
23 | shall not be considered
records within the meaning of The | ||||||
24 | State Records Act and
shall be disposed of, following a | ||||||
25 | determination by the Medical
Disciplinary Board that such | ||||||
26 | reports are no longer required,
in a manner and at such |
| |||||||
| |||||||
1 | time as the Medical Disciplinary Board shall
determine by | ||||||
2 | rule. The filing of such reports shall be
construed as the | ||||||
3 | filing of a report for purposes of
subsection (C) of this | ||||||
4 | Section.
| ||||||
5 | (1.5) Clinical training programs. The program director | ||||||
6 | of any post-graduate clinical training program shall | ||||||
7 | report to the Medical Disciplinary Board if a person | ||||||
8 | engaged in a post-graduate clinical training program at | ||||||
9 | the institution, including, but not limited to, a | ||||||
10 | residency or fellowship, separates from the program for | ||||||
11 | any reason prior to its conclusion. The program director | ||||||
12 | shall provide all documentation relating to the separation | ||||||
13 | if, after review of the report, the Medical Disciplinary | ||||||
14 | Board determines that a review of those documents is | ||||||
15 | necessary to determine whether a violation of this Act | ||||||
16 | occurred. | ||||||
17 | (2) Professional associations. The President or chief
| ||||||
18 | executive officer of any association or society, of | ||||||
19 | persons
licensed under this Act, operating within this | ||||||
20 | State shall
report to the Medical Disciplinary Board when | ||||||
21 | the association or
society renders a final determination | ||||||
22 | that a person has
committed unprofessional conduct related | ||||||
23 | directly to patient
care or that a person may have a mental | ||||||
24 | or physical disability that may endanger patients under | ||||||
25 | that person's
care.
| ||||||
26 | (3) Professional liability insurers. Every insurance
|
| |||||||
| |||||||
1 | company which offers policies of professional liability
| ||||||
2 | insurance to persons licensed under this Act, or any other
| ||||||
3 | entity which seeks to indemnify the professional liability
| ||||||
4 | of a person licensed under this Act, shall report to the | ||||||
5 | Medical
Disciplinary Board the settlement of any claim or | ||||||
6 | cause of
action, or final judgment rendered in any cause | ||||||
7 | of action,
which alleged negligence in the furnishing of | ||||||
8 | medical care
by such licensed person when such settlement | ||||||
9 | or final
judgment is in favor of the plaintiff.
| ||||||
10 | (4) State's Attorneys. The State's Attorney of each
| ||||||
11 | county shall report to the Medical Disciplinary Board, | ||||||
12 | within 5 days, any instances
in which a person licensed | ||||||
13 | under this Act is convicted of any felony or Class A | ||||||
14 | misdemeanor. The State's Attorney
of each county may | ||||||
15 | report to the Medical Disciplinary Board through a | ||||||
16 | verified
complaint any instance in which the State's | ||||||
17 | Attorney believes that a physician
has willfully violated | ||||||
18 | the notice requirements of the Parental Notice of
Abortion | ||||||
19 | Act of 1995.
| ||||||
20 | (5) State agencies. All agencies, boards,
commissions, | ||||||
21 | departments, or other instrumentalities of the
government | ||||||
22 | of the State of Illinois shall report to the Medical
| ||||||
23 | Disciplinary Board any instance arising in connection with
| ||||||
24 | the operations of such agency, including the | ||||||
25 | administration
of any law by such agency, in which a | ||||||
26 | person licensed under
this Act has either committed an act |
| |||||||
| |||||||
1 | or acts which may be a
violation of this Act or which may | ||||||
2 | constitute unprofessional
conduct related directly to | ||||||
3 | patient care or which indicates
that a person licensed | ||||||
4 | under this Act may have a mental or physical disability | ||||||
5 | that may endanger patients
under that person's care.
| ||||||
6 | (B) Mandatory reporting. All reports required by items | ||||||
7 | (34), (35), and
(36) of subsection (A) of Section 22 and by | ||||||
8 | Section 23 shall be submitted to the Medical Disciplinary | ||||||
9 | Board in a timely
fashion. Unless otherwise provided in this | ||||||
10 | Section, the reports shall be filed in writing within 60
days | ||||||
11 | after a determination that a report is required under
this | ||||||
12 | Act. All reports shall contain the following
information:
| ||||||
13 | (1) The name, address and telephone number of the
| ||||||
14 | person making the report.
| ||||||
15 | (2) The name, address and telephone number of the
| ||||||
16 | person who is the subject of the report.
| ||||||
17 | (3) The name and date of birth of any
patient or | ||||||
18 | patients whose treatment is a subject of the
report, if | ||||||
19 | available, or other means of identification if such | ||||||
20 | information is not available, identification of the | ||||||
21 | hospital or other
healthcare facility where the care at | ||||||
22 | issue in the report was rendered,
provided, however, no | ||||||
23 | medical records may be
revealed.
| ||||||
24 | (4) A brief description of the facts which gave rise
| ||||||
25 | to the issuance of the report, including the dates of any
| ||||||
26 | occurrences deemed to necessitate the filing of the |
| |||||||
| |||||||
1 | report.
| ||||||
2 | (5) If court action is involved, the identity of the
| ||||||
3 | court in which the action is filed, along with the docket
| ||||||
4 | number and date of filing of the action.
| ||||||
5 | (6) Any further pertinent information which the
| ||||||
6 | reporting party deems to be an aid in the evaluation of the
| ||||||
7 | report.
| ||||||
8 | The Medical Disciplinary Board or Department may also | ||||||
9 | exercise the power under Section
38 of this Act to subpoena | ||||||
10 | copies of hospital or medical records in mandatory
report | ||||||
11 | cases alleging death or permanent bodily injury. Appropriate
| ||||||
12 | rules shall be adopted by the Department with the approval of | ||||||
13 | the Medical Disciplinary
Board.
| ||||||
14 | When the Department has received written reports | ||||||
15 | concerning incidents
required to be reported in items (34), | ||||||
16 | (35), and (36) of subsection (A) of
Section 22, the licensee's | ||||||
17 | failure to report the incident to the Department
under those | ||||||
18 | items shall not be the sole grounds for disciplinary action.
| ||||||
19 | Nothing contained in this Section shall act to in any
way, | ||||||
20 | waive or modify the confidentiality of medical reports
and | ||||||
21 | committee reports to the extent provided by law. Any
| ||||||
22 | information reported or disclosed shall be kept for the
| ||||||
23 | confidential use of the Medical Disciplinary Board, the | ||||||
24 | Medical
Coordinators, the Medical Disciplinary Board's | ||||||
25 | attorneys, the
medical investigative staff, and authorized | ||||||
26 | clerical staff,
as provided in this Act, and shall be afforded |
| |||||||
| |||||||
1 | the same
status as is provided information concerning medical | ||||||
2 | studies
in Part 21 of Article VIII of the Code of Civil | ||||||
3 | Procedure, except that the Department may disclose information | ||||||
4 | and documents to a federal, State, or local law enforcement | ||||||
5 | agency pursuant to a subpoena in an ongoing criminal | ||||||
6 | investigation or to a health care licensing body or medical | ||||||
7 | licensing authority of this State or another state or | ||||||
8 | jurisdiction pursuant to an official request made by that | ||||||
9 | licensing body or medical licensing authority. Furthermore, | ||||||
10 | information and documents disclosed to a federal, State, or | ||||||
11 | local law enforcement agency may be used by that agency only | ||||||
12 | for the investigation and prosecution of a criminal offense, | ||||||
13 | or, in the case of disclosure to a health care licensing body | ||||||
14 | or medical licensing authority, only for investigations and | ||||||
15 | disciplinary action proceedings with regard to a license. | ||||||
16 | Information and documents disclosed to the Department of | ||||||
17 | Public Health may be used by that Department only for | ||||||
18 | investigation and disciplinary action regarding the license of | ||||||
19 | a health care institution licensed by the Department of Public | ||||||
20 | Health.
| ||||||
21 | (C) Immunity from prosecution. Any individual or
| ||||||
22 | organization acting in good faith, and not in a wilful and
| ||||||
23 | wanton manner, in complying with this Act by providing any
| ||||||
24 | report or other information to the Medical Disciplinary Board | ||||||
25 | or a peer review committee, or
assisting in the investigation | ||||||
26 | or preparation of such
information, or by voluntarily |
| |||||||
| |||||||
1 | reporting to the Medical Disciplinary Board
or a peer review | ||||||
2 | committee information regarding alleged errors or negligence | ||||||
3 | by a person licensed under this Act, or by participating in | ||||||
4 | proceedings of the Medical
Disciplinary Board or a peer review | ||||||
5 | committee, or by serving as a member of the Medical
| ||||||
6 | Disciplinary Board or a peer review committee, shall not, as a | ||||||
7 | result of such actions,
be subject to criminal prosecution or | ||||||
8 | civil damages.
| ||||||
9 | (D) Indemnification. Members of the Medical Disciplinary
| ||||||
10 | Board, the Licensing Board, the Medical Coordinators, the | ||||||
11 | Medical Disciplinary Board's
attorneys, the medical | ||||||
12 | investigative staff, physicians
retained under contract to | ||||||
13 | assist and advise the medical
coordinators in the | ||||||
14 | investigation, and authorized clerical
staff shall be | ||||||
15 | indemnified by the State for any actions
occurring within the | ||||||
16 | scope of services on the Medical Disciplinary
Board or | ||||||
17 | Licensing Board, done in good faith and not wilful and wanton | ||||||
18 | in
nature. The Attorney General shall defend all such actions
| ||||||
19 | unless he or she determines either that there would be a
| ||||||
20 | conflict of interest in such representation or that the
| ||||||
21 | actions complained of were not in good faith or were wilful
and | ||||||
22 | wanton.
| ||||||
23 | Should the Attorney General decline representation, the
| ||||||
24 | member shall have the right to employ counsel of his or her
| ||||||
25 | choice, whose fees shall be provided by the State, after
| ||||||
26 | approval by the Attorney General, unless there is a
|
| |||||||
| |||||||
1 | determination by a court that the member's actions were not
in | ||||||
2 | good faith or were wilful and wanton.
| ||||||
3 | The member must notify the Attorney General within 7
days | ||||||
4 | of receipt of notice of the initiation of any action
involving | ||||||
5 | services of the Medical Disciplinary Board. Failure to so
| ||||||
6 | notify the Attorney General shall constitute an absolute
| ||||||
7 | waiver of the right to a defense and indemnification.
| ||||||
8 | The Attorney General shall determine within 7 days
after | ||||||
9 | receiving such notice, whether he or she will
undertake to | ||||||
10 | represent the member.
| ||||||
11 | (E) Deliberations of Medical Disciplinary Board. Upon the
| ||||||
12 | receipt of any report called for by this Act, other than
those | ||||||
13 | reports of impaired persons licensed under this Act
required | ||||||
14 | pursuant to the rules of the Medical Disciplinary Board,
the | ||||||
15 | Medical Disciplinary Board shall notify in writing, by | ||||||
16 | certified
mail or email , the person who is the subject of the | ||||||
17 | report. Such
notification shall be made within 30 days of | ||||||
18 | receipt by the Medical
Disciplinary Board of the report.
| ||||||
19 | The notification shall include a written notice setting
| ||||||
20 | forth the person's right to examine the report. Included in
| ||||||
21 | such notification shall be the address at which the file is
| ||||||
22 | maintained, the name of the custodian of the reports, and
the | ||||||
23 | telephone number at which the custodian may be reached.
The | ||||||
24 | person who is the subject of the report shall submit a written | ||||||
25 | statement responding,
clarifying, adding to, or proposing the | ||||||
26 | amending of the
report previously filed. The person who is the |
| |||||||
| |||||||
1 | subject of the report shall also submit with the written | ||||||
2 | statement any medical records related to the report. The | ||||||
3 | statement and accompanying medical records shall become a
| ||||||
4 | permanent part of the file and must be received by the Medical
| ||||||
5 | Disciplinary Board no more than
30 days after the date on
which | ||||||
6 | the person was notified by the Medical Disciplinary Board of | ||||||
7 | the existence of
the
original report.
| ||||||
8 | The Medical Disciplinary Board shall review all reports
| ||||||
9 | received by it, together with any supporting information and
| ||||||
10 | responding statements submitted by persons who are the
subject | ||||||
11 | of reports. The review by the Medical Disciplinary Board
shall | ||||||
12 | be in a timely manner but in no event, shall the Medical
| ||||||
13 | Disciplinary Board's initial review of the material
contained | ||||||
14 | in each disciplinary file be less than 61 days nor
more than | ||||||
15 | 180 days after the receipt of the initial report
by the Medical | ||||||
16 | Disciplinary Board.
| ||||||
17 | When the Medical Disciplinary Board makes its initial | ||||||
18 | review of
the materials contained within its disciplinary | ||||||
19 | files, the Medical
Disciplinary Board shall, in writing, make | ||||||
20 | a determination
as to whether there are sufficient facts to | ||||||
21 | warrant further
investigation or action. Failure to make such | ||||||
22 | determination
within the time provided shall be deemed to be a
| ||||||
23 | determination that there are not sufficient facts to warrant
| ||||||
24 | further investigation or action.
| ||||||
25 | Should the Medical Disciplinary Board find that there are | ||||||
26 | not
sufficient facts to warrant further investigation, or
|
| |||||||
| |||||||
1 | action, the report shall be accepted for filing and the
matter | ||||||
2 | shall be deemed closed and so reported to the Secretary. The | ||||||
3 | Secretary
shall then have 30 days to accept the Medical | ||||||
4 | Disciplinary Board's decision or
request further | ||||||
5 | investigation. The Secretary shall inform the Medical Board
of | ||||||
6 | the decision to request further investigation, including the | ||||||
7 | specific
reasons for the decision. The
individual or entity | ||||||
8 | filing the original report or complaint
and the person who is | ||||||
9 | the subject of the report or complaint
shall be notified in | ||||||
10 | writing by the Secretary of
any final action on their report or | ||||||
11 | complaint. The Department shall disclose to the individual or | ||||||
12 | entity who filed the original report or complaint, on request, | ||||||
13 | the status of the Medical Disciplinary Board's review of a | ||||||
14 | specific report or complaint. Such request may be made at any | ||||||
15 | time, including prior to the Medical Disciplinary Board's | ||||||
16 | determination as to whether there are sufficient facts to | ||||||
17 | warrant further investigation or action.
| ||||||
18 | (F) Summary reports. The Medical Disciplinary Board shall
| ||||||
19 | prepare, on a timely basis, but in no event less than once
| ||||||
20 | every other month, a summary report of final disciplinary | ||||||
21 | actions taken
upon disciplinary files maintained by the | ||||||
22 | Medical Disciplinary Board.
The summary reports shall be made | ||||||
23 | available to the public upon request and payment of the fees | ||||||
24 | set by the Department. This publication may be made available | ||||||
25 | to the public on the Department's website. Information or | ||||||
26 | documentation relating to any disciplinary file that is closed |
| |||||||
| |||||||
1 | without disciplinary action taken shall not be disclosed and | ||||||
2 | shall be afforded the same status as is provided by Part 21 of | ||||||
3 | Article VIII of the Code of Civil Procedure.
| ||||||
4 | (G) Any violation of this Section shall be a Class A
| ||||||
5 | misdemeanor.
| ||||||
6 | (H) If any such person violates the provisions of this
| ||||||
7 | Section an action may be brought in the name of the People
of | ||||||
8 | the State of Illinois, through the Attorney General of
the | ||||||
9 | State of Illinois, for an order enjoining such violation
or | ||||||
10 | for an order enforcing compliance with this Section.
Upon | ||||||
11 | filing of a verified petition in such court, the court
may | ||||||
12 | issue a temporary restraining order without notice or
bond and | ||||||
13 | may preliminarily or permanently enjoin such
violation, and if | ||||||
14 | it is established that such person has
violated or is | ||||||
15 | violating the injunction, the court may
punish the offender | ||||||
16 | for contempt of court. Proceedings
under this paragraph shall | ||||||
17 | be in addition to, and not in
lieu of, all other remedies and | ||||||
18 | penalties provided for by
this Section.
| ||||||
19 | (Source: P.A. 98-601, eff. 12-30-13; 99-143, eff. 7-27-15 .)
| ||||||
20 | (225 ILCS 60/24) (from Ch. 111, par. 4400-24)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
22 | Sec. 24. Report of violations; medical associations. | ||||||
23 | (a) Any physician
licensed under this Act, the
Illinois | ||||||
24 | State Medical Society, the Illinois Association of
Osteopathic | ||||||
25 | Physicians and Surgeons, the Illinois
Chiropractic Society, |
| |||||||
| |||||||
1 | the Illinois Prairie State Chiropractic Association,
or any | ||||||
2 | component societies of any of
these 4 groups, and any other | ||||||
3 | person, may report to the Medical
Disciplinary Board any | ||||||
4 | information the physician,
association, society, or person may | ||||||
5 | have that appears to
show that a physician is or may be in | ||||||
6 | violation of any of
the provisions of Section 22 of this Act.
| ||||||
7 | (b) The Department may enter into agreements with the
| ||||||
8 | Illinois State Medical Society, the Illinois Association of
| ||||||
9 | Osteopathic Physicians and Surgeons, the Illinois Prairie | ||||||
10 | State Chiropractic
Association, or the Illinois
Chiropractic | ||||||
11 | Society to allow these
organizations to assist the Medical | ||||||
12 | Disciplinary Board in the review
of alleged violations of this | ||||||
13 | Act. Subject to the approval
of the Department, any | ||||||
14 | organization party to such an
agreement may subcontract with | ||||||
15 | other individuals or
organizations to assist in review.
| ||||||
16 | (c) Any physician, association, society, or person
| ||||||
17 | participating in good faith in the making of a report under
| ||||||
18 | this Act or participating in or assisting with an
| ||||||
19 | investigation or review under this Act shall have
immunity | ||||||
20 | from any civil, criminal, or other liability that might result | ||||||
21 | by reason of those actions.
| ||||||
22 | (d) The medical information in the custody of an entity
| ||||||
23 | under contract with the Department participating in an
| ||||||
24 | investigation or review shall be privileged and confidential
| ||||||
25 | to the same extent as are information and reports under the
| ||||||
26 | provisions of Part 21 of Article VIII of the Code of Civil
|
| |||||||
| |||||||
1 | Procedure.
| ||||||
2 | (e) Upon request by the Department after a mandatory | ||||||
3 | report has been filed with the Department, an attorney for any | ||||||
4 | party seeking to recover damages for
injuries or death by | ||||||
5 | reason of medical, hospital, or other healing art
malpractice | ||||||
6 | shall provide patient records related to the physician | ||||||
7 | involved in the disciplinary proceeding to the Department | ||||||
8 | within 30 days of the Department's request for use by the | ||||||
9 | Department in any disciplinary matter under this Act. An | ||||||
10 | attorney who provides patient records to the Department in | ||||||
11 | accordance with this requirement shall not be deemed to have | ||||||
12 | violated any attorney-client privilege. Notwithstanding any | ||||||
13 | other provision of law, consent by a patient shall not be | ||||||
14 | required for the provision of patient records in accordance | ||||||
15 | with this requirement.
| ||||||
16 | (f) For the purpose of any civil or criminal proceedings,
| ||||||
17 | the good faith of any physician, association, society
or | ||||||
18 | person shall be presumed.
| ||||||
19 | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
| ||||||
20 | (225 ILCS 60/25) (from Ch. 111, par. 4400-25)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
22 | Sec. 25. The Secretary of the Department may, upon receipt | ||||||
23 | of a written
communication from the Secretary of Human | ||||||
24 | Services, the Director of Healthcare and Family Services | ||||||
25 | (formerly Director of
Public Aid), or the Director of Public |
| |||||||
| |||||||
1 | Health
that continuation of practice of a person licensed | ||||||
2 | under
this Act constitutes an immediate danger to the public, | ||||||
3 | and
after consultation with the Chief Medical Coordinator or
| ||||||
4 | Deputy Medical Coordinator, immediately suspend the license
of | ||||||
5 | such person without a hearing. In instances in which the
| ||||||
6 | Secretary immediately suspends a license under this Section,
a | ||||||
7 | hearing upon such person's license must be convened by the | ||||||
8 | Medical
Disciplinary Board within 15 days after such | ||||||
9 | suspension and
completed without appreciable delay. Such | ||||||
10 | hearing is to be
held to determine whether to recommend to the | ||||||
11 | Secretary that
the person's license be revoked, suspended, | ||||||
12 | placed on
probationary status or reinstated, or whether such | ||||||
13 | person
should be subject to other disciplinary action. In the
| ||||||
14 | hearing, the written communication and any other evidence
| ||||||
15 | submitted therewith may be introduced as evidence against
such | ||||||
16 | person; provided however, the person, or their
counsel, shall | ||||||
17 | have the opportunity to discredit, impeach
and submit evidence | ||||||
18 | rebutting such evidence.
| ||||||
19 | (Source: P.A. 97-622, eff. 11-23-11 .)
| ||||||
20 | (225 ILCS 60/35) (from Ch. 111, par. 4400-35)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
22 | Sec. 35.
The Secretary shall have the authority to
appoint | ||||||
23 | an attorney duly licensed to practice law in the
State of | ||||||
24 | Illinois to serve as the hearing officer in any
action to | ||||||
25 | suspend, revoke, place on probationary status, or
take any |
| |||||||
| |||||||
1 | other disciplinary action with regard to a license.
The | ||||||
2 | hearing officer shall have full authority to conduct the
| ||||||
3 | hearing. The hearing officer shall report his findings and
| ||||||
4 | recommendations to the Medical Disciplinary Board or Licensing | ||||||
5 | Board within 30 days of
the receipt of the record. The Medical | ||||||
6 | Disciplinary Board or Licensing Board shall
have 60 days from | ||||||
7 | receipt of the report to review the report
of the hearing | ||||||
8 | officer and present their findings of fact,
conclusions of law | ||||||
9 | and recommendations to the Secretary.
| ||||||
10 | (Source: P.A. 100-429, eff. 8-25-17 .)
| ||||||
11 | (225 ILCS 60/36) (from Ch. 111, par. 4400-36)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
13 | Sec. 36. Investigation; notice. | ||||||
14 | (a) Upon the motion of either the Department
or the | ||||||
15 | Medical Disciplinary Board or upon the verified complaint in
| ||||||
16 | writing of any person setting forth facts which, if proven,
| ||||||
17 | would constitute grounds for suspension or revocation under
| ||||||
18 | Section 22 of this Act, the Department shall investigate the
| ||||||
19 | actions of any person, so accused, who holds or represents
| ||||||
20 | that he or she holds a license. Such person is hereinafter | ||||||
21 | called
the accused.
| ||||||
22 | (b) The Department shall, before suspending, revoking,
| ||||||
23 | placing on probationary status, or taking any other
| ||||||
24 | disciplinary action as the Department may deem proper with
| ||||||
25 | regard to any license at least 30 days prior to the date set
|
| |||||||
| |||||||
1 | for the hearing, notify the accused in writing of any
charges | ||||||
2 | made and the time and place for a hearing of the
charges before | ||||||
3 | the Medical Disciplinary Board, direct him or her to file his | ||||||
4 | or her
written answer thereto to the Medical Disciplinary | ||||||
5 | Board under
oath within 20 days after the service on him or her | ||||||
6 | of such notice
and inform him or her that if he or she fails to | ||||||
7 | file such answer
default will be taken against him or her and | ||||||
8 | his or her license may be
suspended, revoked, placed on | ||||||
9 | probationary status, or have
other disciplinary action, | ||||||
10 | including limiting the scope,
nature or extent of his or her | ||||||
11 | practice, as the Department may
deem proper taken with regard | ||||||
12 | thereto. The Department shall, at least 14 days prior to the | ||||||
13 | date set for the hearing, notify in writing any person who | ||||||
14 | filed a complaint against the accused of the time and place for | ||||||
15 | the hearing of the charges against the accused before the | ||||||
16 | Medical Disciplinary Board and inform such person whether he | ||||||
17 | or she may provide testimony at the hearing.
| ||||||
18 | (c) (Blank).
| ||||||
19 | (d) Such written notice and any notice in such proceedings
| ||||||
20 | thereafter may be served by personal delivery, email to the | ||||||
21 | respondent's email address of record, or mail to the | ||||||
22 | respondent's address of record.
| ||||||
23 | (e) All information gathered by the Department during its | ||||||
24 | investigation
including information subpoenaed
under Section | ||||||
25 | 23 or 38 of this Act and the investigative file shall be kept | ||||||
26 | for
the confidential use of the Secretary, the Medical |
| |||||||
| |||||||
1 | Disciplinary Board, the Medical
Coordinators, persons employed | ||||||
2 | by contract to advise the Medical Coordinator or
the | ||||||
3 | Department, the Medical
Disciplinary Board's attorneys, the | ||||||
4 | medical investigative staff, and authorized
clerical staff, as | ||||||
5 | provided in this Act and shall be afforded the same status
as | ||||||
6 | is provided information concerning medical studies in Part 21 | ||||||
7 | of Article
VIII of the Code of Civil Procedure, except that the | ||||||
8 | Department may disclose information and documents to a | ||||||
9 | federal, State, or local law enforcement agency pursuant to a | ||||||
10 | subpoena in an ongoing criminal investigation to a health care | ||||||
11 | licensing body of this State or another state or jurisdiction | ||||||
12 | pursuant to an official request made by that licensing body. | ||||||
13 | Furthermore, information and documents disclosed to a federal, | ||||||
14 | State, or local law enforcement agency may be used by that | ||||||
15 | agency only for the investigation and prosecution of a | ||||||
16 | criminal offense or, in the case of disclosure to a health care | ||||||
17 | licensing body, only for investigations and disciplinary | ||||||
18 | action proceedings with regard to a license issued by that | ||||||
19 | licensing body.
| ||||||
20 | (Source: P.A. 101-13, eff. 6-12-19; 101-316, eff. 8-9-19; | ||||||
21 | revised 9-20-19.)
| ||||||
22 | (225 ILCS 60/37) (from Ch. 111, par. 4400-37)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
24 | Sec. 37. Disciplinary actions. | ||||||
25 | (a) At the time and place fixed in the
notice, the Medical |
| |||||||
| |||||||
1 | Disciplinary Board provided for in this Act
shall proceed to | ||||||
2 | hear the charges, and the accused
person shall be accorded | ||||||
3 | ample
opportunity to present in person, or by counsel, such
| ||||||
4 | statements, testimony, evidence and argument as may be
| ||||||
5 | pertinent to the charges or to any defense thereto. The | ||||||
6 | Medical
Disciplinary Board may continue such hearing from time | ||||||
7 | to
time. If the Medical Disciplinary Board is not sitting at | ||||||
8 | the time
and place fixed in the notice or at the time and place | ||||||
9 | to
which the hearing has been continued, the Department shall
| ||||||
10 | continue such hearing for a period not to exceed 30 days.
| ||||||
11 | (b) In case the accused person, after receiving notice,
| ||||||
12 | fails to file an answer, their license may, in the
discretion | ||||||
13 | of the Secretary, having received first the
recommendation of | ||||||
14 | the Medical Disciplinary Board, be suspended,
revoked or | ||||||
15 | placed on probationary status, or the Secretary
may take | ||||||
16 | whatever disciplinary action as he or she may deem
proper, | ||||||
17 | including limiting the scope, nature, or extent of
said | ||||||
18 | person's practice, without a hearing, if the act or
acts | ||||||
19 | charged constitute sufficient grounds for such action
under | ||||||
20 | this Act.
| ||||||
21 | (c) The Medical Disciplinary Board has the authority to | ||||||
22 | recommend
to the Secretary that probation be granted or that | ||||||
23 | other
disciplinary or non-disciplinary action, including the | ||||||
24 | limitation of the scope,
nature or extent of a person's | ||||||
25 | practice, be taken as it
deems proper. If disciplinary or | ||||||
26 | non-disciplinary action, other than suspension
or revocation, |
| |||||||
| |||||||
1 | is taken the Medical Disciplinary Board may recommend
that the | ||||||
2 | Secretary impose reasonable limitations and
requirements upon | ||||||
3 | the accused registrant to ensure insure
compliance with the | ||||||
4 | terms of the probation or other
disciplinary action including, | ||||||
5 | but not limited to, regular
reporting by the accused to the | ||||||
6 | Department of their actions,
placing themselves under the care | ||||||
7 | of a qualified physician
for treatment, or limiting their | ||||||
8 | practice in such manner as
the Secretary may require.
| ||||||
9 | (d) The Secretary, after consultation with the Chief | ||||||
10 | Medical
Coordinator or Deputy Medical Coordinator, may | ||||||
11 | temporarily
suspend the license of a physician without a | ||||||
12 | hearing,
simultaneously with the institution of proceedings | ||||||
13 | for a
hearing provided under this Section if the Secretary | ||||||
14 | finds
that evidence in his or her possession indicates that a
| ||||||
15 | physician's continuation in practice would constitute an
| ||||||
16 | immediate danger to the public. In the event that the
| ||||||
17 | Secretary suspends, temporarily, the license of a physician
| ||||||
18 | without a hearing, a hearing by the Medical Disciplinary Board | ||||||
19 | shall
be held within 15 days after such suspension has | ||||||
20 | occurred
and shall be concluded without appreciable delay.
| ||||||
21 | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
| ||||||
22 | (225 ILCS 60/38) (from Ch. 111, par. 4400-38)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
24 | Sec. 38. Subpoena; oaths. | ||||||
25 | (a) The Medical Disciplinary Board or Department has
power |
| |||||||
| |||||||
1 | to subpoena and bring before it any person in this
State and to | ||||||
2 | take testimony either orally or by deposition,
or both, with | ||||||
3 | the same fees and mileage and in the same
manner as is | ||||||
4 | prescribed by law for judicial procedure in
civil cases.
| ||||||
5 | (b) The Medical Disciplinary Board or Department , upon a | ||||||
6 | determination that
probable cause exists that a violation of | ||||||
7 | one or more of the
grounds for discipline listed in Section 22 | ||||||
8 | has occurred or
is occurring, may subpoena the medical and | ||||||
9 | hospital records
of individual patients of physicians licensed | ||||||
10 | under this
Act, provided, that prior to the submission of such | ||||||
11 | records
to the Medical Disciplinary Board, all information | ||||||
12 | indicating the
identity of the patient shall be removed and | ||||||
13 | deleted.
Notwithstanding the foregoing, the Medical | ||||||
14 | Disciplinary Board and Department shall
possess the power to | ||||||
15 | subpoena copies of hospital or medical records in
mandatory | ||||||
16 | report cases under Section 23 alleging death or permanent | ||||||
17 | bodily
injury when consent to obtain records is not provided | ||||||
18 | by a patient or legal
representative. Prior to submission of | ||||||
19 | the records to the Medical Disciplinary Board,
all
information | ||||||
20 | indicating the identity of the patient shall be removed and
| ||||||
21 | deleted. All
medical records and other information received | ||||||
22 | pursuant to subpoena shall
be
confidential and shall be | ||||||
23 | afforded the same status as is proved information
concerning | ||||||
24 | medical studies in Part 21 of Article VIII of the Code of Civil
| ||||||
25 | Procedure.
The
use of such records shall be restricted to | ||||||
26 | members of the Medical
Disciplinary Board, the medical |
| |||||||
| |||||||
1 | coordinators, and
appropriate staff of the Department | ||||||
2 | designated
by the Medical Disciplinary Board for the
purpose | ||||||
3 | of determining the existence of one or more grounds
for | ||||||
4 | discipline of the physician as provided for by Section
22 of | ||||||
5 | this Act. Any such review of individual patients'
records | ||||||
6 | shall be conducted by the Medical Disciplinary Board in
strict | ||||||
7 | confidentiality, provided that such patient records
shall be | ||||||
8 | admissible in a disciplinary hearing, before the Medical
| ||||||
9 | Disciplinary Board, when necessary to substantiate the
grounds | ||||||
10 | for discipline alleged against the physician
licensed under | ||||||
11 | this Act, and provided further, that nothing
herein shall be | ||||||
12 | deemed to supersede the provisions of Part
21 of Article VIII | ||||||
13 | of the " Code of Civil Procedure ", as now
or hereafter amended , | ||||||
14 | to the extent applicable.
| ||||||
15 | (c) The Secretary, hearing officer, and any member of the | ||||||
16 | Medical Disciplinary Board
each have power to administer oaths | ||||||
17 | at any hearing which the
Medical Disciplinary Board or | ||||||
18 | Department is authorized by law to
conduct.
| ||||||
19 | (d) The Medical Disciplinary Board, upon a determination | ||||||
20 | that
probable cause exists that a violation of one or more of | ||||||
21 | the
grounds for discipline listed in Section 22 has occurred | ||||||
22 | or
is occurring on the business premises of a physician
| ||||||
23 | licensed under this Act, may issue an order authorizing an
| ||||||
24 | appropriately qualified investigator employed by the
| ||||||
25 | Department to enter upon the business premises with due
| ||||||
26 | consideration for patient care of the subject of the
|
| |||||||
| |||||||
1 | investigation so as to inspect the physical premises and
| ||||||
2 | equipment and furnishings therein. No such order shall
include | ||||||
3 | the right of inspection of business, medical, or
personnel | ||||||
4 | records located on the premises. For purposes of
this Section, | ||||||
5 | "business premises" is defined as the office
or offices where | ||||||
6 | the physician conducts the practice of
medicine. Any such | ||||||
7 | order shall expire and become void five
business days after | ||||||
8 | its issuance by the Medical Disciplinary Board.
The execution | ||||||
9 | of any such order shall be valid only during
the normal | ||||||
10 | business hours of the facility or office to be
inspected.
| ||||||
11 | (Source: P.A. 101-316, eff. 8-9-19.)
| ||||||
12 | (225 ILCS 60/39) (from Ch. 111, par. 4400-39)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
14 | Sec. 39. Certified shorthand reporter; record. The | ||||||
15 | Department, at its expense, shall
provide a certified | ||||||
16 | shorthand reporter to take down the testimony and
preserve a | ||||||
17 | record of all proceedings at the hearing of any
case wherein a | ||||||
18 | license may be revoked, suspended, placed on
probationary | ||||||
19 | status, or other disciplinary action taken with
regard thereto | ||||||
20 | in accordance with Section 2105-115 of the Department of | ||||||
21 | Professional Regulation Law of the Civil Administrative Code | ||||||
22 | of Illinois. The notice of hearing, complaint and all
other | ||||||
23 | documents in the nature of pleadings and written
motions filed | ||||||
24 | in the proceedings, the transcript of
testimony, the report of | ||||||
25 | the hearing officer, exhibits, the report of the Medical |
| |||||||
| |||||||
1 | Board, and the orders
of the Department constitute the record | ||||||
2 | of the proceedings.
| ||||||
3 | (Source: P.A. 100-429, eff. 8-25-17; 101-316, eff. 8-9-19.)
| ||||||
4 | (225 ILCS 60/40) (from Ch. 111, par. 4400-40)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
6 | Sec. 40. Findings and recommendations; rehearing. | ||||||
7 | (a) The Medical Disciplinary Board shall present to
the | ||||||
8 | Secretary a written report of its findings and
| ||||||
9 | recommendations. A copy of such report shall be served upon
| ||||||
10 | the accused person, either personally or by mail or email. | ||||||
11 | Within 20 days after such service, the
accused person may | ||||||
12 | present to the Department his or her motion,
in writing, for a | ||||||
13 | rehearing, which written motion shall
specify the particular | ||||||
14 | ground therefor. If the accused
person orders and pays for a | ||||||
15 | transcript of the record as
provided in Section 39, the time | ||||||
16 | elapsing thereafter and
before such transcript is ready for | ||||||
17 | delivery to them shall
not be counted as part of such 20 days.
| ||||||
18 | (b) At the expiration of the time allowed for filing a
| ||||||
19 | motion for rehearing, the Secretary may take the action
| ||||||
20 | recommended by the Medical Disciplinary Board. Upon the | ||||||
21 | suspension,
revocation, placement on probationary status, or | ||||||
22 | the taking
of any other disciplinary action, including the | ||||||
23 | limiting of
the scope, nature, or extent of one's practice, | ||||||
24 | deemed
proper by the Department, with regard to the license or | ||||||
25 | permit, the accused shall
surrender his or her license or |
| |||||||
| |||||||
1 | permit to the Department, if ordered to do
so by the | ||||||
2 | Department, and upon his or her failure or refusal so
to do, | ||||||
3 | the Department may seize the same.
| ||||||
4 | (c) Each order of revocation, suspension, or
other | ||||||
5 | disciplinary action shall contain a brief, concise
statement | ||||||
6 | of the ground or grounds upon which the
Department's action is | ||||||
7 | based, as well as the specific terms
and conditions of such | ||||||
8 | action. This document shall be
retained as a permanent record | ||||||
9 | by the Department Disciplinary Board and
the Secretary .
| ||||||
10 | (d) (Blank). The Department shall at least annually | ||||||
11 | publish a list
of the names of all persons disciplined under | ||||||
12 | this Act in
the preceding 12 months. Such lists shall be | ||||||
13 | available by the
Department on its website.
| ||||||
14 | (e) In those instances where an order of revocation,
| ||||||
15 | suspension, or other disciplinary action has been rendered
by | ||||||
16 | virtue of a physician's physical illness, including, but
not | ||||||
17 | limited to, deterioration through the aging process, or
loss | ||||||
18 | of motor skill which results in a physician's inability
to | ||||||
19 | practice medicine with reasonable judgment, skill, or
safety, | ||||||
20 | the Department shall only permit this document, and
the record | ||||||
21 | of the hearing incident thereto, to be observed,
inspected, | ||||||
22 | viewed, or copied pursuant to court order.
| ||||||
23 | (Source: P.A. 101-316, eff. 8-9-19.)
| ||||||
24 | (225 ILCS 60/41) (from Ch. 111, par. 4400-41)
| ||||||
25 | (Section scheduled to be repealed on January 1, 2022)
|
| |||||||
| |||||||
1 | Sec. 41. Administrative review; certification of record. | ||||||
2 | (a) All final
administrative decisions of the Department | ||||||
3 | are subject to judicial review
pursuant to the Administrative | ||||||
4 | Review Law and its rules. The term
"administrative decision" | ||||||
5 | is defined as in Section 3-101 of the Code of Civil
Procedure.
| ||||||
6 | (b) Proceedings for judicial review shall be commenced in | ||||||
7 | the circuit court of
the county in which the party applying for | ||||||
8 | review resides; but if the party is
not a resident of this | ||||||
9 | State, the venue shall be in Sangamon County.
| ||||||
10 | (c) The Department shall not be required to certify any | ||||||
11 | record to the court, to
file an answer in court, or to | ||||||
12 | otherwise appear in any court in a judicial review
proceeding | ||||||
13 | unless and until the Department has received from the | ||||||
14 | plaintiff payment of the costs of furnishing and
certifying | ||||||
15 | the record, which costs shall be determined by the Department. | ||||||
16 | Exhibits shall be certified without cost. Failure
on the part | ||||||
17 | of the plaintiff to file a receipt in court shall be grounds | ||||||
18 | for
dismissal of the action. During the pendency and hearing | ||||||
19 | of any and all
judicial proceedings incident to the | ||||||
20 | disciplinary action the sanctions imposed
upon the accused by | ||||||
21 | the Department because of acts or omissions related to
the | ||||||
22 | delivery of direct patient care as specified in the | ||||||
23 | Department's final
administrative decision, shall as a matter | ||||||
24 | of public policy remain in full
force and effect in order to | ||||||
25 | protect the public pending final resolution of
any of the | ||||||
26 | proceedings.
|
| |||||||
| |||||||
1 | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
| ||||||
2 | (225 ILCS 60/42) (from Ch. 111, par. 4400-42)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
4 | Sec. 42.
An order of revocation, suspension,
placing the | ||||||
5 | license on probationary status, or other formal
disciplinary | ||||||
6 | action as the Department may deem proper, or a
certified copy | ||||||
7 | thereof, over the seal of the Department and
purporting to be | ||||||
8 | signed by the Secretary, is prima facie
proof that:
| ||||||
9 | (a) Such signature is the genuine signature of the
| ||||||
10 | Secretary;
| ||||||
11 | (b) The Secretary is duly appointed and qualified; and
| ||||||
12 | (c) The Medical Disciplinary Board and the members | ||||||
13 | thereof are
qualified.
| ||||||
14 | Such proof may be rebutted.
| ||||||
15 | (Source: P.A. 97-622, eff. 11-23-11 .)
| ||||||
16 | (225 ILCS 60/44) (from Ch. 111, par. 4400-44)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
18 | Sec. 44.
None of the disciplinary functions, powers
and | ||||||
19 | duties enumerated in this Act shall be exercised by the
| ||||||
20 | Department except upon the action and report in writing of
the | ||||||
21 | Medical Disciplinary Board.
| ||||||
22 | In all instances, under this Act, in which the Medical
| ||||||
23 | Disciplinary Board has rendered a recommendation to the
| ||||||
24 | Secretary with respect to a particular physician, the
|
| |||||||
| |||||||
1 | Secretary may take action contrary to the recommendation of | ||||||
2 | the Medical Board. In shall, in the event that the Secretary he | ||||||
3 | or she disagrees with
or takes action contrary to the | ||||||
4 | recommendation of the Medical
Disciplinary Board, file with | ||||||
5 | the Medical Disciplinary Board his or her specific written | ||||||
6 | reasons of
disagreement with the Medical Disciplinary Board. | ||||||
7 | Such reasons
shall be filed within 30 days of the occurrence of | ||||||
8 | the
Secretary's contrary position having been taken.
| ||||||
9 | The action and report in writing of a majority of the | ||||||
10 | Medical
Disciplinary Board designated is sufficient authority | ||||||
11 | upon
which the Secretary may act.
| ||||||
12 | Whenever the Secretary is satisfied that substantial
| ||||||
13 | justice has not been done either in an examination, or in a
| ||||||
14 | formal disciplinary action, or refusal to restore a license,
| ||||||
15 | he or she may order a reexamination or rehearing by the
same or | ||||||
16 | other examiners .
| ||||||
17 | (Source: P.A. 97-622, eff. 11-23-11 .)
| ||||||
18 | (225 ILCS 60/47) (from Ch. 111, par. 4400-47)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
20 | Sec. 47. Administrative Procedure Act. The Illinois | ||||||
21 | Administrative
Procedure Act is hereby expressly adopted and | ||||||
22 | incorporated herein as if all of
the provisions of that Act | ||||||
23 | were included in this Act, except that the provision
of | ||||||
24 | subsection (d) of Section 10-65 of the Illinois Administrative | ||||||
25 | Procedure Act
that provides that at hearings the licensee has |
| |||||||
| |||||||
1 | the right to show compliance
with all lawful requirements for | ||||||
2 | retention, continuation or renewal of the
license is | ||||||
3 | specifically excluded. For the purposes of this Act the notice
| ||||||
4 | required under Section 10-25 of the Illinois Administrative | ||||||
5 | Procedure Act is
deemed sufficient when mailed or emailed to | ||||||
6 | the address of record of a party.
| ||||||
7 | (Source: P.A. 97-622, eff. 11-23-11 .)
| ||||||
8 | Section 25. The Boxing and Full-contact Martial Arts Act | ||||||
9 | is amended by changing Sections 1, 2, 5, 6, 7, 8, 10, 11, 12, | ||||||
10 | 13, 15, 16, 17, 17.7, 17.8, 17.9, 18, 19, 19.1, 19.5, 20, 21, | ||||||
11 | 22, 23, 23.1, 24, 24.5, and 25.1 and by adding Sections 1.4 and | ||||||
12 | 2.5 as follows:
| ||||||
13 | (225 ILCS 105/1) (from Ch. 111, par. 5001)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
15 | Sec. 1. Short title and definitions.
| ||||||
16 | (a) This Act may be cited as the Boxing and Full-contact | ||||||
17 | Martial Arts Act.
| ||||||
18 | (b) As used in this Act:
| ||||||
19 | "Department" means the Department of Financial and
| ||||||
20 | Professional Regulation.
| ||||||
21 | "Secretary" means the Secretary
of Financial and | ||||||
22 | Professional Regulation or a person authorized by the | ||||||
23 | Secretary to act in the Secretary's stead .
| ||||||
24 | "Board" means the State of Illinois Athletic Board
|
| |||||||
| |||||||
1 | established pursuant to this Act .
| ||||||
2 | "License" means the license issued for
promoters,
| ||||||
3 | professionals, amateurs, or officials
in accordance with | ||||||
4 | this Act.
| ||||||
5 | " Contest Professional contest " means a
boxing or | ||||||
6 | full-contact martial arts competition in which all of the | ||||||
7 | participants competing against one another are | ||||||
8 | professionals or amateurs and where the public is able to | ||||||
9 | attend or a fee is charged.
| ||||||
10 | "Permit" means the authorization from the Department | ||||||
11 | to a
promoter
to conduct professional or amateur contests, | ||||||
12 | or a combination of both.
| ||||||
13 | "Promoter" means a person who is licensed and
who
| ||||||
14 | holds a permit to conduct professional or amateur | ||||||
15 | contests, or a combination of both.
| ||||||
16 | Unless the context indicates otherwise, "person" | ||||||
17 | includes, but is not limited to, an individual,
| ||||||
18 | association, organization, business entity, gymnasium, or | ||||||
19 | club.
| ||||||
20 | "Judge" means a person licensed by the Department who | ||||||
21 | is
located at ringside or adjacent to the fighting area
| ||||||
22 | during a professional contest
and who has the | ||||||
23 | responsibility of scoring the performance of the
| ||||||
24 | participants in that professional or amateur contest.
| ||||||
25 | "Referee" means a person licensed by the Department | ||||||
26 | who
has the
general
supervision of
and is present inside |
| |||||||
| |||||||
1 | of the ring or fighting area during a professional or | ||||||
2 | amateur contest.
| ||||||
3 | "Amateur" means a person licensed registered by the | ||||||
4 | Department who is not competing for, and has never | ||||||
5 | received or
competed for, any
purse or other
article of | ||||||
6 | value, directly or indirectly, either for participating in | ||||||
7 | any contest or for the
expenses of training therefor,
| ||||||
8 | other than a non-monetary prize that does not exceed $50 | ||||||
9 | in value.
| ||||||
10 | "Professional" means a person licensed by the
| ||||||
11 | Department who
competes for a
money prize, purse, or other | ||||||
12 | type of compensation in a professional contest held in
| ||||||
13 | Illinois.
| ||||||
14 | "Second" means a person licensed by the Department who | ||||||
15 | is
present at any professional or amateur
contest to | ||||||
16 | provide assistance or advice to a professional during the | ||||||
17 | contest.
| ||||||
18 | "Matchmaker" means a person licensed by the Department | ||||||
19 | who
brings
together professionals or amateurs to compete | ||||||
20 | in
contests.
| ||||||
21 | "Manager" means a person licensed by the Department | ||||||
22 | who is
not a
promoter and
who, under contract, agreement, | ||||||
23 | or other arrangement, undertakes
to, directly or
| ||||||
24 | indirectly, control or administer the affairs of | ||||||
25 | contestants professionals .
| ||||||
26 | "Timekeeper" means a person licensed by the Department |
| |||||||
| |||||||
1 | who
is the
official timer of
the length of rounds and the | ||||||
2 | intervals between the rounds.
| ||||||
3 | "Purse" means the financial guarantee or any other
| ||||||
4 | remuneration for
which contestants
are participating in a | ||||||
5 | professional contest.
| ||||||
6 | "Physician" means a person licensed to practice | ||||||
7 | medicine
in all its
branches under the Medical Practice | ||||||
8 | Act of 1987.
| ||||||
9 | "Martial arts" means a discipline or combination of | ||||||
10 | different disciplines that utilizes sparring techniques | ||||||
11 | without the intent to injure, disable, or incapacitate | ||||||
12 | one's opponent, such as, but not limited to, Karate, Kung | ||||||
13 | Fu, Judo, Jujutsu, and Tae Kwon Do , and Kyuki-Do . | ||||||
14 | "Full-contact martial arts" means the use of a | ||||||
15 | singular discipline or a combination of techniques from | ||||||
16 | different disciplines of the martial arts, including, | ||||||
17 | without limitation, full-force grappling, kicking, and | ||||||
18 | striking with the intent to injure, disable, or | ||||||
19 | incapacitate one's opponent.
| ||||||
20 | "Amateur contest" means a boxing or full-contact | ||||||
21 | martial arts competition in which all of the participants | ||||||
22 | competing against one another are amateurs and where the | ||||||
23 | public is able to attend or a fee is charged. | ||||||
24 | "Contestant" means a person who competes in either a | ||||||
25 | boxing or full-contact martial arts contest. | ||||||
26 | "Address of record" means the designated address |
| |||||||
| |||||||
1 | recorded by the Department in the applicant's or | ||||||
2 | licensee's application file or , license file , or | ||||||
3 | registration file as maintained by the Department's | ||||||
4 | licensure maintenance unit. It is the duty of the | ||||||
5 | applicant or licensee to inform the Department of any | ||||||
6 | change of address and those changes must be made either | ||||||
7 | through the Department's website or by contacting the | ||||||
8 | Department. | ||||||
9 | "Bout" means one match between 2 contestants. | ||||||
10 | "Sanctioning body" means an organization approved by | ||||||
11 | the Department under the requirements and standards stated | ||||||
12 | in this Act and the rules adopted under this Act to act as | ||||||
13 | a governing body that sanctions professional or amateur | ||||||
14 | full-contact martial arts contests. | ||||||
15 | "Email address of record" means the designated email | ||||||
16 | address recorded by the Department in the applicant's | ||||||
17 | application file or the licensee's license file as | ||||||
18 | maintained by the Department's licensure maintenance unit. | ||||||
19 | (Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11; | ||||||
20 | 97-1123, eff. 8-27-12.)
| ||||||
21 | (225 ILCS 105/1.4 new) | ||||||
22 | Sec. 1.4. Address of record; email address of record. All | ||||||
23 | applicants and licensees shall: | ||||||
24 | (1) provide a valid address and email address to the | ||||||
25 | Department, which shall serve as the address of record and |
| |||||||
| |||||||
1 | email address of record, respectively, at the time of | ||||||
2 | application for licensure or renewal of a license; and | ||||||
3 | (2) inform the Department of any change of address of | ||||||
4 | record or email address of record within 14 days after | ||||||
5 | such change either through the Department's website or by | ||||||
6 | contacting the Department's licensure maintenance unit.
| ||||||
7 | (225 ILCS 105/2) (from Ch. 111, par. 5002)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
9 | Sec. 2. State of Illinois Athletic Board. | ||||||
10 | (a) The Secretary shall appoint members to the State of | ||||||
11 | Illinois Athletic Board. The Board shall consist of 7 members | ||||||
12 | who shall serve in an advisory capacity to the Secretary. | ||||||
13 | There is
created the State of Illinois Athletic Board | ||||||
14 | consisting
of 6 persons who shall be appointed by and shall | ||||||
15 | serve in an advisory
capacity
to the Secretary, and the State | ||||||
16 | Professional Boxing Board shall be disbanded. One member of | ||||||
17 | the Board shall be a physician licensed to
practice medicine | ||||||
18 | in all of its branches. One member of the Board shall be a | ||||||
19 | member of the full-contact martial arts community . One and one | ||||||
20 | member of the Board shall be a member of either the | ||||||
21 | full-contact martial arts community or the boxing community. | ||||||
22 | The Secretary shall appoint
each member to serve for a term of | ||||||
23 | 3 years and until
his or her successor is appointed and | ||||||
24 | qualified.
One member of the board shall
be designated as the | ||||||
25 | Chairperson and one member shall be designated as the
|
| |||||||
| |||||||
1 | Vice-chairperson.
No member shall be appointed to the Board | ||||||
2 | for a term which would cause
continuous service to be
more than | ||||||
3 | 9 years.
Each member of the board shall receive compensation | ||||||
4 | for each day he or she is
engaged in transacting the business | ||||||
5 | of
the board
and, in addition, shall be reimbursed for his or | ||||||
6 | her authorized and
approved expenses necessarily incurred
in | ||||||
7 | relation to such service in accordance with the travel | ||||||
8 | regulations
applicable
to the Department at the time the | ||||||
9 | expenses are incurred.
| ||||||
10 | (b) Board members shall serve 5-year terms and until their | ||||||
11 | successors are appointed and qualified. | ||||||
12 | (c) In appointing members to the Board, the Secretary | ||||||
13 | shall give due consideration to recommendations by members and | ||||||
14 | organizations of the martial arts and boxing industry. | ||||||
15 | (d) The membership of the Board should reasonably reflect | ||||||
16 | representation from the geographic areas in this State. | ||||||
17 | (e) No member shall be appointed to the Board for a term | ||||||
18 | that would cause his or her continuous service on the Board to | ||||||
19 | be longer than 2 consecutive 5-year terms. | ||||||
20 | (f) The Secretary may terminate the appointment of any | ||||||
21 | member for cause that in the opinion of the Secretary | ||||||
22 | reasonably justified such termination, which may include, but | ||||||
23 | is not limited to, a Board member who does not attend 2 | ||||||
24 | consecutive meetings. | ||||||
25 | (g) Appointments to fill vacancies shall be made in the | ||||||
26 | same manner as original appointments, for the unexpired |
| |||||||
| |||||||
1 | portion of the vacated term. | ||||||
2 | (h) Four members of the Board shall constitute a quorum. A | ||||||
3 | quorum is required for Board decisions. | ||||||
4 | (i) Members of the Board shall have no liability in any | ||||||
5 | action based upon activity performed in good faith as members | ||||||
6 | of the Board. | ||||||
7 | (j) Members of the Board may be reimbursed for all | ||||||
8 | legitimate, necessary, and authorized expenses. | ||||||
9 | Four members shall constitute a quorum.
| ||||||
10 | The members of the Board shall be immune from suit in any | ||||||
11 | action based upon
any disciplinary proceedings or other acts | ||||||
12 | performed in good faith as members
of the Board.
| ||||||
13 | The Secretary may remove any member of the Board for | ||||||
14 | misconduct, incapacity,
or neglect of duty. The Secretary | ||||||
15 | shall reduce to writing any causes for
removal.
| ||||||
16 | (Source: P.A. 97-119, eff. 7-14-11.)
| ||||||
17 | (225 ILCS 105/2.5 new) | ||||||
18 | Sec. 2.5. Powers and duties of the Board. | ||||||
19 | (a) Subject to the provisions of this Act, the Board shall | ||||||
20 | exercise the following functions, powers, and duties: | ||||||
21 | (1) The Board shall hold at least one meeting each | ||||||
22 | year. | ||||||
23 | (2) The Board shall elect a chairperson and a vice | ||||||
24 | chairperson. | ||||||
25 | (b) The Department may, at any time, seek the expert |
| |||||||
| |||||||
1 | advice and knowledge of the Board on any matter relating to the | ||||||
2 | enforcement of this Act.
| ||||||
3 | (225 ILCS 105/5) (from Ch. 111, par. 5005)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
5 | Sec. 5. Powers and duties of the Department. The | ||||||
6 | Department shall, subject to the provisions of this Act, | ||||||
7 | exercise the following functions, powers, and duties: | ||||||
8 | (1) Ascertain the qualifications and fitness of | ||||||
9 | applicants for license and permits. | ||||||
10 | (2) Adopt rules required for the administration of | ||||||
11 | this Act. | ||||||
12 | (3) Conduct hearings on proceedings to refuse to | ||||||
13 | issue, renew, or restore licenses and revoke, suspend, | ||||||
14 | place on probation, or reprimand those licensed under the | ||||||
15 | provisions of this Act. | ||||||
16 | (4) Issue licenses to those who meet the | ||||||
17 | qualifications of this Act and its rules. | ||||||
18 | (5) Conduct investigations related to possible | ||||||
19 | violations of this Act. | ||||||
20 | The Department shall exercise, but subject to the provisions
| ||||||
21 | of this Act, the following functions, powers, and duties: (a) | ||||||
22 | to
ascertain the
qualifications and fitness of applicants for | ||||||
23 | licenses and
permits; (b) to prescribe rules and regulations | ||||||
24 | for the administration of
the
Act; (c) to conduct hearings on | ||||||
25 | proceedings to refuse to issue, refuse to
renew,
revoke, |
| |||||||
| |||||||
1 | suspend, or subject to reprimand licenses or permits
under | ||||||
2 | this Act; and (d) to revoke, suspend, or refuse issuance or
| ||||||
3 | renewal
of such
licenses or permits.
| ||||||
4 | (Source: P.A. 92-499, eff. 1-1-02 .)
| ||||||
5 | (225 ILCS 105/6) (from Ch. 111, par. 5006)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
7 | Sec. 6. Restricted contests and events. | ||||||
8 | (a) All professional and amateur contests, or a | ||||||
9 | combination of both, in which
physical contact is made are | ||||||
10 | prohibited in Illinois unless authorized by the Department | ||||||
11 | pursuant to the requirements and standards stated in this Act | ||||||
12 | and the rules adopted pursuant to this Act. This subsection | ||||||
13 | (a) does not apply to any of the following: | ||||||
14 | (1) Amateur boxing or full-contact martial arts | ||||||
15 | contests conducted by accredited secondary schools, | ||||||
16 | colleges, or universities, although a fee may be charged. | ||||||
17 | (2) Amateur boxing contests that are sanctioned by USA | ||||||
18 | Boxing or any other sanctioning organization approved by | ||||||
19 | the Department as determined by rule Association of Boxing | ||||||
20 | Commissions . | ||||||
21 | (3) Amateur boxing or full-contact martial arts | ||||||
22 | contests conducted by a State, county, or municipal | ||||||
23 | entity , including those events held by any agency | ||||||
24 | organized under these entities . | ||||||
25 | (4) Amateur martial arts contests that are not defined |
| |||||||
| |||||||
1 | as full-contact martial arts contests under this Act , | ||||||
2 | including, but not limited to, Karate, Kung Fu, Judo, | ||||||
3 | Jujutsu, Tae Kwon Do, and Kyuki-Do . | ||||||
4 | (5) Full-contact martial arts
contests, as defined by | ||||||
5 | this Act, that are recognized by
the International Olympic | ||||||
6 | Committee or are contested in
the Olympic Games and are | ||||||
7 | not conducted in an enclosed
fighting area or ring. | ||||||
8 | No other amateur boxing or full-contact martial arts | ||||||
9 | contests shall be permitted unless authorized by the | ||||||
10 | Department. | ||||||
11 | (b) The Department shall have the authority to determine | ||||||
12 | whether a professional or amateur contest is exempt for | ||||||
13 | purposes of this Section.
| ||||||
14 | (Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11; | ||||||
15 | 97-1123, eff. 8-27-12.)
| ||||||
16 | (225 ILCS 105/7) (from Ch. 111, par. 5007)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
18 | Sec. 7. Authorization to conduct contests; sanctioning | ||||||
19 | bodies. | ||||||
20 | (a) In order to conduct a professional contest or, | ||||||
21 | beginning 6 months after the adoption of rules pertaining to | ||||||
22 | an amateur contest , an amateur contest, or a combination of | ||||||
23 | both,
in this State, a promoter shall obtain a permit issued by | ||||||
24 | the Department
in accordance with this Act and the rules and | ||||||
25 | regulations adopted pursuant
thereto. This permit shall |
| |||||||
| |||||||
1 | authorize one or more professional or amateur contests, or a | ||||||
2 | combination of both. | ||||||
3 | (b) Before January 1, 2023, amateur Amateur full-contact | ||||||
4 | martial arts contests must be registered and sanctioned by a | ||||||
5 | sanctioning body approved by the Department for that purpose | ||||||
6 | under the requirements and standards stated in this Act and | ||||||
7 | the rules adopted under this Act. | ||||||
8 | (c) On and after January 1, 2023, a promoter for an amateur | ||||||
9 | full-contact martial arts contest shall obtain a permit issued | ||||||
10 | by the Department under the requirements and standards set | ||||||
11 | forth in this Act and the rules adopted under this Act. | ||||||
12 | (d) On and after January 1, 2023, the Department shall not | ||||||
13 | approve any sanctioning body. A sanctioning body's approval by | ||||||
14 | the Department that was received before January 1, 2023 is | ||||||
15 | withdrawn on January 1, 2023. | ||||||
16 | (e) A permit issued under this Act is not transferable.
| ||||||
17 | (Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
| ||||||
18 | (225 ILCS 105/8) (from Ch. 111, par. 5008)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
20 | Sec. 8. Permits.
| ||||||
21 | (a) A promoter who desires to obtain a permit to conduct a | ||||||
22 | professional or amateur
contest, or a combination of both, | ||||||
23 | shall apply to the Department at least 30 calendar 20 days | ||||||
24 | prior to the
event,
in writing or electronically , on forms | ||||||
25 | prescribed furnished by the Department. The application shall
|
| |||||||
| |||||||
1 | be accompanied by the required fee and shall
contain, but not | ||||||
2 | be limited to, the following information to be submitted at | ||||||
3 | times specified by rule:
| ||||||
4 | (1) the legal names and addresses of the promoter;
| ||||||
5 | (2) the name of the matchmaker;
| ||||||
6 | (3) the time and exact location of the professional or | ||||||
7 | amateur
contest, or a combination of both. It is the | ||||||
8 | responsibility of the promoter to ensure that the building | ||||||
9 | to be used for the event complies with all laws, | ||||||
10 | ordinances, and regulations in the city, town, village, or | ||||||
11 | county where the contest is to be held;
| ||||||
12 | (4) the signed and executed copy of the event venue | ||||||
13 | lease agreement; and proof of adequate security measures, | ||||||
14 | as determined by Department rule, to ensure the protection | ||||||
15 | of the
safety of contestants and the general public while | ||||||
16 | attending professional or amateur contests, or a | ||||||
17 | combination of both;
| ||||||
18 | (5) proof of adequate medical supervision, as | ||||||
19 | determined by Department rule, to ensure the protection of | ||||||
20 | the health and safety of professionals' or amateurs' while | ||||||
21 | participating in the contest;
| ||||||
22 | (5) (6) the initial list of names of the professionals | ||||||
23 | or amateurs competing subject to Department approval . ;
| ||||||
24 | (7) proof of insurance for not less than $50,000 as | ||||||
25 | further defined by rule for each professional or amateur
| ||||||
26 | participating in a professional or amateur
contest, or a |
| |||||||
| |||||||
1 | combination of both; insurance required under this | ||||||
2 | paragraph (7) shall cover (i)
hospital, medication, | ||||||
3 | physician, and other such expenses as would
accrue in the | ||||||
4 | treatment of an injury as a result of the professional or | ||||||
5 | amateur contest; (ii) payment to the estate of the | ||||||
6 | professional or amateur in the event of
his or her death as | ||||||
7 | a result
of his or her participation in the professional | ||||||
8 | or amateur contest; and (iii) accidental death and | ||||||
9 | dismemberment; the terms of the insurance coverage must | ||||||
10 | not require the contestant to pay a deductible. The | ||||||
11 | promoter may not carry an insurance policy with a | ||||||
12 | deductible in an amount greater than $500 for the medical, | ||||||
13 | surgical, or hospital care for injuries a contestant | ||||||
14 | sustains while engaged in a contest, and if a licensed or | ||||||
15 | registered contestant pays for the medical, surgical, or | ||||||
16 | hospital care, the insurance proceeds must be paid to the | ||||||
17 | contestant or his or her beneficiaries as reimbursement | ||||||
18 | for such payment;
| ||||||
19 | (8) the amount of the purses to be paid to the | ||||||
20 | professionals for the event; the Department shall adopt | ||||||
21 | rules for payment of the purses;
| ||||||
22 | (9) organizational or internationally accepted rules, | ||||||
23 | per discipline, for professional or amateur full-contact | ||||||
24 | martial arts contests where the Department does not | ||||||
25 | provide the rules; | ||||||
26 | (10) proof of contract indicating the requisite |
| |||||||
| |||||||
1 | registration and sanctioning by a Department approved | ||||||
2 | sanctioning body for any full-contact martial arts contest | ||||||
3 | with scheduled amateur bouts; and | ||||||
4 | (11) any other information that the Department may | ||||||
5 | require to determine whether a permit shall be issued. | ||||||
6 | (b)
The Department may issue a permit to any promoter who | ||||||
7 | meets the requirements of
this Act
and the rules. The permit | ||||||
8 | shall only be issued for a specific date and location
of a | ||||||
9 | professional or amateur contest, or a combination of both, and
| ||||||
10 | shall not be transferable. The
Department may allow a promoter | ||||||
11 | to amend a permit
application to hold a professional or | ||||||
12 | amateur contest, or a combination of both, in a different
| ||||||
13 | location other than the
application specifies if all | ||||||
14 | requirements of this Section are met, waiving the 30-day | ||||||
15 | provision of subsection (a) and may allow the promoter to | ||||||
16 | substitute professionals or amateurs, respectively .
| ||||||
17 | (c) The Department shall be responsible for assigning the | ||||||
18 | judges,
timekeepers, referees, and physicians , for a | ||||||
19 | professional contest , an amateur contest, or a combination of | ||||||
20 | both . Compensation shall be determined by the Department, and | ||||||
21 | it
shall be the responsibility of the promoter to pay the
| ||||||
22 | individuals utilized.
| ||||||
23 | (d) The promoter shall submit the following documents to | ||||||
24 | the Department at times specified by rule: | ||||||
25 | (1) proof of adequate security measures, as determined | ||||||
26 | by rule, to ensure the protection of the safety of |
| |||||||
| |||||||
1 | contestants and the general public while attending | ||||||
2 | professional contests, amateur contests, or a combination | ||||||
3 | of both; | ||||||
4 | (2) proof of adequate medical supervision, as | ||||||
5 | determined by rule, to ensure the protection of the health | ||||||
6 | and safety of professionals or amateurs while | ||||||
7 | participating in contests; | ||||||
8 | (3) the complete and final list of names of the | ||||||
9 | professionals or amateurs competing, subject to Department | ||||||
10 | approval, which shall be submitted up to 48 hours prior to | ||||||
11 | the event date specified in the permit; | ||||||
12 | (4) proof of insurance for not less than $50,000 as | ||||||
13 | further defined by rule for each professional or amateur | ||||||
14 | participating in a professional or amateur contest, or a | ||||||
15 | combination of both; insurance required under this | ||||||
16 | paragraph shall cover: (i) hospital, medication, | ||||||
17 | physician, and other such expenses as would accrue in the | ||||||
18 | treatment of an injury as a result of the professional or | ||||||
19 | amateur contest; (ii) payment to the estate of the | ||||||
20 | professional or amateur in the event of his or her death as | ||||||
21 | a result of his or her participation in the professional | ||||||
22 | or amateur contest; and (iii) accidental death and | ||||||
23 | dismemberment; the terms of the insurance coverage shall | ||||||
24 | require the promoter, not the licensed contestant, to pay | ||||||
25 | the policy deductible for the medical, surgical, or | ||||||
26 | hospital care of a contestant for injuries a contestant |
| |||||||
| |||||||
1 | sustained while engaged in a contest; if a licensed | ||||||
2 | contestant pays for the medical, surgical, or hospital | ||||||
3 | care, the insurance proceeds shall be paid to the | ||||||
4 | contestant or his or her beneficiaries as reimbursement | ||||||
5 | for such payment; | ||||||
6 | (5) the amount of the purses to be paid to the | ||||||
7 | professionals for the event as determined by rule; | ||||||
8 | (6) organizational or internationally accepted rules, | ||||||
9 | per discipline, for professional or amateur full-contact | ||||||
10 | martial arts contests if the Department does not provide | ||||||
11 | the rules for Department approval; and | ||||||
12 | (7) any other information the Department may require, | ||||||
13 | as determined by rule, to issue a permit. | ||||||
14 | (e) If the accuracy, relevance, or sufficiency of any | ||||||
15 | submitted documentation is questioned by the Department | ||||||
16 | because of lack of information, discrepancies, or conflicts in | ||||||
17 | information given or a need for clarification, the promoter | ||||||
18 | seeking a permit may be required to provide additional | ||||||
19 | information. | ||||||
20 | (Source: P.A. 97-119, eff. 7-14-11; 98-756, eff. 7-16-14.)
| ||||||
21 | (225 ILCS 105/10) (from Ch. 111, par. 5010)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
23 | Sec. 10. Who must be licensed. | ||||||
24 | (a) In order to participate in professional
contests the | ||||||
25 | following persons
must each be licensed and in good standing |
| |||||||
| |||||||
1 | with the Department: (a) professionals and amateurs ,
(b) | ||||||
2 | seconds, (c) referees, (d) judges, (e) managers, (f)
| ||||||
3 | matchmakers, and (g) timekeepers.
| ||||||
4 | (b) In order to participate in professional or amateur | ||||||
5 | contests or a combination of both, promoters must be licensed | ||||||
6 | and in good standing with the Department. | ||||||
7 | (c) Announcers may participate in professional or amateur | ||||||
8 | contests, or a combination of both, without being licensed | ||||||
9 | under this Act. It shall be the responsibility of
the promoter | ||||||
10 | to ensure that announcers comply
with the Act, and all rules | ||||||
11 | and regulations promulgated pursuant to this
Act.
| ||||||
12 | (d) A licensed promoter may not act as, and cannot be | ||||||
13 | licensed as, a second, professional, referee, timekeeper, | ||||||
14 | judge, or manager. If he or she is so licensed, he
or she must | ||||||
15 | relinquish any of these licenses to the Department for
| ||||||
16 | cancellation.
A person possessing a valid
promoter's license | ||||||
17 | may act as a matchmaker.
| ||||||
18 | (e) Participants in amateur full-contact martial arts | ||||||
19 | contests taking place before January 1, 2023 are not required | ||||||
20 | to obtain licenses by the Department, except for promoters of | ||||||
21 | amateur contests. | ||||||
22 | (Source: P.A. 97-119, eff. 7-14-11.)
| ||||||
23 | (225 ILCS 105/11) (from Ch. 111, par. 5011)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
25 | Sec. 11. Qualifications for license. The Department shall |
| |||||||
| |||||||
1 | grant
licenses to the following persons
if the following | ||||||
2 | qualifications are met:
| ||||||
3 | (1) An applicant for licensure as a professional or | ||||||
4 | amateur must:
(1) be 18 years old, (2) be of good moral | ||||||
5 | character, (3) file an application
stating
the applicant's | ||||||
6 | legal name (and no assumed or ring name may be used
unless | ||||||
7 | such name is registered with the Department along with the | ||||||
8 | applicant's
legal name), date and place of birth, place of | ||||||
9 | current residence, and a
sworn statement that he or she is | ||||||
10 | not currently in violation of any federal, State or
local | ||||||
11 | laws or rules governing
boxing or full-contact martial | ||||||
12 | arts, (4) file a certificate from a physician licensed to | ||||||
13 | practice medicine
in all of its branches which attests | ||||||
14 | that the applicant is physically fit
and qualified to | ||||||
15 | participate in professional or amateur contests, and (5) | ||||||
16 | pay
the required fee
and meet any other requirements as | ||||||
17 | determined by rule .
Applicants over age 35 who have not | ||||||
18 | competed in a professional or amateur contest within the
| ||||||
19 | 12 last 36
months preceding their application for | ||||||
20 | licensure or have insufficient experience to participate | ||||||
21 | in a professional or amateur contest may be required to | ||||||
22 | appear before the Department to determine their fitness to
| ||||||
23 | participate in a professional or amateur contest. A | ||||||
24 | picture identification card shall be issued to
all | ||||||
25 | professionals
licensed by the Department
who are residents | ||||||
26 | of
Illinois or who are residents of any jurisdiction, |
| |||||||
| |||||||
1 | state, or country that does
not regulate professional | ||||||
2 | boxing or full-contact martial arts. The identification | ||||||
3 | card shall be
presented to the
Department or its | ||||||
4 | representative upon request at weigh-ins.
| ||||||
5 | (2) An applicant for licensure as a referee, judge,
| ||||||
6 | manager, second, matchmaker, or timekeeper must: (1) be of | ||||||
7 | good
moral character, (2) file
an application stating the | ||||||
8 | applicant's name, date and place of birth, and
place of | ||||||
9 | current residence along with a certifying statement that
| ||||||
10 | he or she is not
currently in violation of any federal, | ||||||
11 | State, or local laws or rules
governing
boxing, or | ||||||
12 | full-contact martial arts, (3) have had satisfactory | ||||||
13 | experience in his or her field as defined by rule , (4) pay | ||||||
14 | the
required fee, and (5) meet any other requirements as | ||||||
15 | determined by rule.
| ||||||
16 | (3) An applicant for licensure as a promoter must: (1) | ||||||
17 | be of good
moral character, (2) file an application with | ||||||
18 | the Department stating the
applicant's name, date and | ||||||
19 | place of birth, place of current residence along
with
a | ||||||
20 | certifying statement that he or she is not currently in | ||||||
21 | violation of any federal,
State, or local laws or rules | ||||||
22 | governing boxing or full-contact martial arts, (3) pay the | ||||||
23 | required fee and meet any other requirements as | ||||||
24 | established by rule,
and (4) in addition to the foregoing, | ||||||
25 | an applicant for licensure as a promoter of professional | ||||||
26 | or amateur contests or a combination of both professional |
| |||||||
| |||||||
1 | and amateur bouts in one contest shall also provide (i) | ||||||
2 | proof of a surety bond of no less than $5,000 to cover | ||||||
3 | financial obligations under this Act, payable to the | ||||||
4 | Department and conditioned for the payment of the tax | ||||||
5 | imposed by this Act and compliance with this Act, and the | ||||||
6 | rules adopted under this Act, and (ii) a financial | ||||||
7 | statement, prepared by a certified public accountant,
| ||||||
8 | showing
liquid working capital of $10,000 or more, or a | ||||||
9 | $10,000 performance bond
guaranteeing payment of all | ||||||
10 | obligations relating to the promotional activities payable | ||||||
11 | to the Department and conditioned for the payment of the | ||||||
12 | tax imposed by this Act and its rules .
| ||||||
13 | (4) All applicants shall submit an application to the | ||||||
14 | Department, in writing or electronically , on forms | ||||||
15 | prescribed provided by the Department, containing such | ||||||
16 | information as determined by rule. | ||||||
17 | In determining good moral character, the Department may | ||||||
18 | take into
consideration any violation of any of the provisions | ||||||
19 | of Section 16 of this
Act as to referees, judges, managers, | ||||||
20 | matchmakers, timekeepers, or promoters and any felony | ||||||
21 | conviction of the applicant, but such a conviction shall
not
| ||||||
22 | operate as a bar to licensure. No license issued under this Act | ||||||
23 | is
transferable.
| ||||||
24 | The Department may issue temporary licenses as provided
by | ||||||
25 | rule.
| ||||||
26 | (Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
|
| |||||||
| |||||||
1 | (225 ILCS 105/12) (from Ch. 111, par. 5012)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
3 | Sec. 12. Professional or amateur contests. | ||||||
4 | (a) The professional or amateur contest, or a combination | ||||||
5 | of both,
shall be held in an area where adequate neurosurgical
| ||||||
6 | facilities are immediately available for skilled emergency
| ||||||
7 | treatment of an injured professional or amateur. | ||||||
8 | (b) Each professional or amateur shall be examined before | ||||||
9 | the contest
and promptly after each bout by a physician. The | ||||||
10 | physician
shall determine, prior to
the contest, if each | ||||||
11 | professional or amateur is physically fit to compete in the | ||||||
12 | contest.
After the bout the physician shall examine the | ||||||
13 | professional or amateur to
determine
possible injury. If the | ||||||
14 | professional's or amateur's physical condition so indicates, | ||||||
15 | the
physician shall recommend to the Department immediate | ||||||
16 | medical suspension. The physician or a licensed paramedic must | ||||||
17 | check the vital signs of all contestants as established by | ||||||
18 | rule. | ||||||
19 | (c)
The physician may, at any time during the professional | ||||||
20 | or amateur bout, stop the professional or amateur bout to
| ||||||
21 | examine a professional or amateur contestant and may direct | ||||||
22 | the referee to terminate the bout when, in the physician's | ||||||
23 | opinion,
continuing the bout could result in serious injury to | ||||||
24 | the professional or amateur. If the professional's or | ||||||
25 | amateur's physical condition so indicates, the physician shall |
| |||||||
| |||||||
1 | recommend to the Department immediate medical suspension. The
| ||||||
2 | physician shall certify to the condition of the professional | ||||||
3 | or amateur in writing, over
his or her signature on forms | ||||||
4 | prescribed provided by the Department. Such reports shall
be | ||||||
5 | submitted to the Department in a timely manner.
| ||||||
6 | (d) No professional or amateur contest, or a combination | ||||||
7 | of
both, shall be allowed to begin or be held unless
at least | ||||||
8 | one physician, at least one EMT and one paramedic, and one | ||||||
9 | ambulance have been contracted
with solely for the care of | ||||||
10 | professionals or amateurs who are competing as defined by | ||||||
11 | rule.
| ||||||
12 | (e) No professional boxing bout shall be more than 12 | ||||||
13 | rounds in length. The rounds
shall not
be more than 3 minutes | ||||||
14 | each with a minimum one-minute one minute interval between | ||||||
15 | them, and
no professional boxer shall be allowed to | ||||||
16 | participate in more than one contest within a 7-day period. | ||||||
17 | The number and length of rounds for all other professional | ||||||
18 | or amateur boxing or full-contact martial
arts contests, or a | ||||||
19 | combination of both, shall be determined by rule. | ||||||
20 | (f) The number and types of officials required for each | ||||||
21 | professional or amateur contest, or a combination of both, | ||||||
22 | shall be determined by rule.
| ||||||
23 | (g) The Department or its representative shall have
| ||||||
24 | discretion to declare
a price, remuneration,
or purse or any | ||||||
25 | part of it belonging to the professional withheld if in the
| ||||||
26 | judgment of the Department or its representative the |
| |||||||
| |||||||
1 | professional
is not honestly competing. | ||||||
2 | (h)
The Department shall have the authority to prevent a | ||||||
3 | professional or amateur contest, or a combination of
both,
| ||||||
4 | from being held and shall have the authority to stop a | ||||||
5 | professional or amateur contest, or a combination of
both, for | ||||||
6 | noncompliance
with any part of this Act or rules or when, in | ||||||
7 | the judgment of the Department,
or its representative, | ||||||
8 | continuation of the event would endanger the health,
safety, | ||||||
9 | and welfare of the professionals or amateurs or spectators. | ||||||
10 | The Department's authority to stop a contest on the basis that | ||||||
11 | the professional or amateur contest, or a combination of
both, | ||||||
12 | would endanger the health, safety, and welfare of the | ||||||
13 | professionals or amateurs or spectators shall extend to any | ||||||
14 | professional or amateur contest, or a combination of
both, | ||||||
15 | regardless of whether that amateur contest is exempted from | ||||||
16 | the prohibition in Section 6 of this Act. Department staff, or | ||||||
17 | its representative, may be present at any full-contact martial | ||||||
18 | arts contest with scheduled amateur bouts. | ||||||
19 | (i) A professional shall only compete against another | ||||||
20 | professional. An amateur shall only compete against another | ||||||
21 | amateur.
| ||||||
22 | (Source: P.A. 97-119, eff. 7-14-11; 98-973, eff. 8-15-14.)
| ||||||
23 | (225 ILCS 105/13) (from Ch. 111, par. 5013)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
25 | Sec. 13. Tickets; tax. Tickets to professional or amateur |
| |||||||
| |||||||
1 | contests, or a combination of
both, shall be printed in such | ||||||
2 | form as
the Department shall prescribe. A certified inventory | ||||||
3 | of all
tickets printed
for any professional or amateur | ||||||
4 | contest, or a combination of
both, shall be mailed to the | ||||||
5 | Department by the
promoter
not less
than 7 days before the | ||||||
6 | contest. The total number of
tickets sold
printed shall not | ||||||
7 | exceed the total seating capacity of the premises in which
the | ||||||
8 | professional or amateur contest, or a combination of
both, is | ||||||
9 | to be held. No tickets of admission to any professional or | ||||||
10 | amateur
contest, or a combination of
both,
shall be sold | ||||||
11 | except those declared on an
official ticket inventory as | ||||||
12 | described in this Section.
| ||||||
13 | A promoter who conducts a professional contest, an amateur | ||||||
14 | contest, or a combination of both a professional and amateur | ||||||
15 | contest under this
Act shall, within 7 business days 24 hours | ||||||
16 | after such a contest: | ||||||
17 | (1)
furnish to the Department a written or electronic | ||||||
18 | report verified by the promoter or his
or her authorized | ||||||
19 | designee showing the number of tickets sold for such a
| ||||||
20 | contest or the
actual ticket stubs of tickets sold and the
| ||||||
21 | amount of the gross proceeds thereof; and | ||||||
22 | (2) pay to the Department a tax
of 5% of gross receipts
| ||||||
23 | from the sale of admission tickets, not to exceed $75,000 | ||||||
24 | $52,500 , to be collected by the Department and placed in | ||||||
25 | the General Professions Dedicated Athletics Supervision | ||||||
26 | and Regulation Fund , a special fund created in the State |
| |||||||
| |||||||
1 | Treasury to be administered by the Department . | ||||||
2 | Moneys in the General Professions Dedicated Athletics | ||||||
3 | Supervision and Regulation Fund shall be used by the | ||||||
4 | Department, subject to appropriation, for expenses incurred in | ||||||
5 | administering this Act. Moneys in the Fund may be transferred | ||||||
6 | to the Professions Indirect Cost Fund, as authorized under | ||||||
7 | Section 2105-300 of the Department of Professional Regulation | ||||||
8 | Law.
| ||||||
9 | In addition to the payment of any other taxes and money due
| ||||||
10 | under this Section, every promoter of a professional or a | ||||||
11 | combination of a professional and amateur contest shall pay to | ||||||
12 | the Department
3% of the first $500,000 and 4% thereafter, | ||||||
13 | which shall not exceed $50,000 $35,000 in total from the
total | ||||||
14 | gross receipts from the sale, lease, or other exploitation of | ||||||
15 | broadcasting, including, but not limited to,
Internet, cable, | ||||||
16 | television, and motion picture rights for that
professional | ||||||
17 | contest, amateur contest, or professional and amateur | ||||||
18 | combination of both, contest or exhibition without any
| ||||||
19 | deductions for commissions, brokerage fees, distribution fees, | ||||||
20 | advertising, professional contestants' purses, or any other
| ||||||
21 | expenses or charges. These fees shall be paid to the
| ||||||
22 | Department within 7 business days 72 hours after the | ||||||
23 | conclusion of the broadcast of the contest and placed in the | ||||||
24 | General Professions Dedicated Athletics Supervision and | ||||||
25 | Regulation Fund. | ||||||
26 | (Source: P.A. 97-119, eff. 7-14-11; 97-813, eff. 7-13-12.)
|
| |||||||
| |||||||
1 | (225 ILCS 105/15) (from Ch. 111, par. 5015)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
3 | Sec. 15. Inspectors. The Secretary may appoint
inspectors | ||||||
4 | to
assist the Department staff in the administration of the | ||||||
5 | Act.
Each inspector appointed
by the
Secretary shall receive
| ||||||
6 | compensation
for each day he or she is engaged in the | ||||||
7 | transacting of
business of the Department.
Each inspector | ||||||
8 | shall carry a card issued by the Department to authorize
him or | ||||||
9 | her to act in such capacity. The inspector or inspectors shall
| ||||||
10 | supervise
each professional contest , amateur contest, or | ||||||
11 | combination of both and, at the
Department's discretion, may | ||||||
12 | supervise any contest to ensure that the provisions of the Act | ||||||
13 | are
strictly enforced.
| ||||||
14 | (Source: P.A. 97-119, eff. 7-14-11.)
| ||||||
15 | (225 ILCS 105/16) (from Ch. 111, par. 5016)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
17 | Sec. 16. Discipline and sanctions.
| ||||||
18 | (a) The Department may refuse to issue a
permit or , | ||||||
19 | license , or registration, refuse to renew, suspend, revoke,
| ||||||
20 | reprimand, place on
probation, or take such other disciplinary | ||||||
21 | or non-disciplinary action as the Department may
deem proper, | ||||||
22 | including the imposition of fines not to exceed $10,000 for
| ||||||
23 | each violation, with regard to any permit or , license , or | ||||||
24 | registration for one
or
any combination of the following |
| |||||||
| |||||||
1 | reasons:
| ||||||
2 | (1) gambling, betting, or wagering on the result of or | ||||||
3 | a
contingency connected
with a professional or amateur | ||||||
4 | contest, or a combination of
both, or permitting such | ||||||
5 | activity to
take place;
| ||||||
6 | (2) participating in or permitting a sham or fake | ||||||
7 | professional or amateur
contest, or a combination of
both;
| ||||||
8 | (3) holding the professional or amateur contest, or a | ||||||
9 | combination of
both, at any other time or
place than
is | ||||||
10 | stated
on the permit application;
| ||||||
11 | (4) permitting any professional or amateur other than | ||||||
12 | those
stated on the
permit application to participate in a | ||||||
13 | professional or amateur
contest, or a combination of
both, | ||||||
14 | except as provided
in Section 9;
| ||||||
15 | (5) violation or aiding in the violation of any of the
| ||||||
16 | provisions of this
Act or any rules or regulations | ||||||
17 | promulgated thereto;
| ||||||
18 | (6) violation of any federal, State or local laws of | ||||||
19 | the
United States or other jurisdiction governing | ||||||
20 | professional or amateur
contests or any regulation
| ||||||
21 | promulgated pursuant thereto;
| ||||||
22 | (7) charging a greater rate or rates of admission than | ||||||
23 | is
specified on the permit application;
| ||||||
24 | (8) failure to obtain all the necessary permits ,
| ||||||
25 | registrations, or licenses as required under this Act;
| ||||||
26 | (9) failure to file the necessary bond or to pay the |
| |||||||
| |||||||
1 | gross
receipts or broadcast
tax as required by this Act;
| ||||||
2 | (10) engaging in dishonorable, unethical or | ||||||
3 | unprofessional
conduct
of a character likely to deceive, | ||||||
4 | defraud or harm the public, or which
is detrimental to | ||||||
5 | honestly conducted contests;
| ||||||
6 | (11) employment of fraud, deception or any unlawful | ||||||
7 | means in
applying
for or securing a permit or license | ||||||
8 | under this
Act;
| ||||||
9 | (12) permitting a physician making the physical | ||||||
10 | examination
to
knowingly certify falsely to the physical | ||||||
11 | condition of a professional or amateur;
| ||||||
12 | (13) permitting professionals or amateurs of widely | ||||||
13 | disparate weights or
abilities
to engage in professional | ||||||
14 | or amateur contests, respectively;
| ||||||
15 | (14) participating in a professional contest as a | ||||||
16 | professional
while under medical suspension in this State | ||||||
17 | or
in
any other
state, territory or country;
| ||||||
18 | (15) physical illness, including, but not limited to,
| ||||||
19 | deterioration
through the aging process, or loss of motor | ||||||
20 | skills which results in the
inability to participate in | ||||||
21 | contests with
reasonable judgment,
skill, or safety;
| ||||||
22 | (16) allowing one's license or permit issued
under
| ||||||
23 | this Act to be used by another person;
| ||||||
24 | (17) failing, within a reasonable time, to provide any
| ||||||
25 | information
requested by the Department as a result of a | ||||||
26 | formal or informal
complaint;
|
| |||||||
| |||||||
1 | (18) professional incompetence;
| ||||||
2 | (19) failure to file a return, or to pay the tax, | ||||||
3 | penalty or
interest
shown in a filed return, or to pay any | ||||||
4 | final assessment of tax, penalty or
interest, as required | ||||||
5 | by any tax Act administered by the Illinois
Department of | ||||||
6 | Revenue, until such time as the requirements of any such | ||||||
7 | tax
Act are satisfied;
| ||||||
8 | (20) (blank);
| ||||||
9 | (21) habitual or excessive use or addiction to | ||||||
10 | alcohol, narcotics,
stimulants, or any other
chemical | ||||||
11 | agent or drug that results in an inability to participate | ||||||
12 | in an
event;
| ||||||
13 | (22) failure to stop a professional or amateur | ||||||
14 | contest, or a combination of
both, when requested to do so | ||||||
15 | by
the Department;
| ||||||
16 | (23) failure of a promoter to adequately supervise and
| ||||||
17 | enforce this Act and its rules as applicable to amateur
| ||||||
18 | contests, as set forth in rule; or | ||||||
19 | (24) a finding by the Department that the licensee, | ||||||
20 | after
having his or her license placed on probationary | ||||||
21 | status,
has violated the terms of probation. | ||||||
22 | (b) The determination by a circuit court that a licensee | ||||||
23 | is subject to
involuntary admission or
judicial admission as | ||||||
24 | provided in the Mental Health and Developmental
Disabilities | ||||||
25 | Code operates as
an automatic suspension. The suspension will | ||||||
26 | end only upon a finding by a court
that the licensee is no
|
| |||||||
| |||||||
1 | longer subject to involuntary admission or judicial admission, | ||||||
2 | issuance of an
order so finding and
discharging the licensee.
| ||||||
3 | (c) In enforcing this Section, the Department, upon a | ||||||
4 | showing of a possible
violation,
may compel any
individual | ||||||
5 | licensed to practice under this Act, or who has
applied for | ||||||
6 | licensure pursuant to this Act, to submit to a mental or | ||||||
7 | physical
examination, or both, as required
by and at the | ||||||
8 | expense of the Department. The examining physicians or | ||||||
9 | clinical
psychologists shall be
those specifically designated | ||||||
10 | by the Department. The Department may
order the examining
| ||||||
11 | physician or clinical psychologist to present testimony | ||||||
12 | concerning this mental
or physical examination
of the licensee | ||||||
13 | or applicant. No information shall be excluded
by
reason of | ||||||
14 | any common
law or statutory privilege relating to | ||||||
15 | communications between the licensee or applicant
and the | ||||||
16 | examining physician or clinical psychologist. Eye examinations | ||||||
17 | may be
provided by a physician licensed to practice medicine | ||||||
18 | in all of its branches or a
licensed and certified therapeutic | ||||||
19 | optometrist. The individual to be examined
may have, at his or | ||||||
20 | her
own expense, another physician of his or her choice | ||||||
21 | present during all aspects
of the examination.
Failure of any | ||||||
22 | individual to submit to a mental or physical examination, when
| ||||||
23 | directed, shall be
grounds for suspension or revocation of a | ||||||
24 | license.
| ||||||
25 | (d) A contestant who tests positive for a banned | ||||||
26 | substance, as defined by rule, shall have his or her license |
| |||||||
| |||||||
1 | immediately suspended. The license shall be subject to other | ||||||
2 | discipline as authorized in this Section. | ||||||
3 | (Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
| ||||||
4 | (225 ILCS 105/17) (from Ch. 111, par. 5017)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
6 | Sec. 17. Administrative Procedure Act. The Illinois | ||||||
7 | Administrative
Procedure Act is hereby expressly adopted and | ||||||
8 | incorporated herein as if all of
the provisions of that Act | ||||||
9 | were included in this Act. The Department shall not be | ||||||
10 | required to annually verify email addresses as specified in | ||||||
11 | paragraph (2) subsection (a) of Section 10-75 of the Illinois | ||||||
12 | Administrative Procedure Act. For the purposes of this
Act the | ||||||
13 | notice required under Section 10-25 of the Illinois | ||||||
14 | Administrative Procedure Act
is deemed sufficient when mailed | ||||||
15 | to the last known address of record or emailed to the email | ||||||
16 | address of record a party .
| ||||||
17 | (Source: P.A. 88-45 .)
| ||||||
18 | (225 ILCS 105/17.7)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
20 | Sec. 17.7. Restoration of license from discipline. | ||||||
21 | (a) At any time after the successful completion of a term | ||||||
22 | of indefinite probation, suspension, or revocation of a | ||||||
23 | license under this Act, the Department may restore the license | ||||||
24 | to the licensee unless, after an investigation and a hearing, |
| |||||||
| |||||||
1 | the Secretary determines that restoration is not in the public | ||||||
2 | interest. | ||||||
3 | (b) If circumstances of suspension or revocation so | ||||||
4 | indicate, the Department may require an examination of the | ||||||
5 | licensee prior to restoring his or her license. | ||||||
6 | (c) No person whose license has been revoked as authorized | ||||||
7 | in this Act may apply for restoration of that license until | ||||||
8 | allowed under the Civil Administrative Code of Illinois. | ||||||
9 | (d) A license that has been suspended or revoked shall be | ||||||
10 | considered nonrenewed for purposes of restoration under this | ||||||
11 | Section and a licensee restoring his or her license from | ||||||
12 | suspension or revocation must comply with the requirements for | ||||||
13 | renewal as set forth in this Act and its rules. | ||||||
14 | At any time after the
successful completion of a term of | ||||||
15 | indefinite probation,
suspension, or revocation of a license, | ||||||
16 | the Department may
restore the license to the licensee, unless | ||||||
17 | after an
investigation and hearing the Secretary determines | ||||||
18 | that
restoration is not in the public interest. No person or
| ||||||
19 | entity whose license, certificate, or authority has been
| ||||||
20 | revoked as authorized in this Act may apply for restoration of
| ||||||
21 | that license, certification, or authority until such time as
| ||||||
22 | provided for in the Civil Administrative Code of Illinois.
| ||||||
23 | (Source: P.A. 97-119, eff. 7-14-11.)
| ||||||
24 | (225 ILCS 105/17.8)
| ||||||
25 | (Section scheduled to be repealed on January 1, 2022)
|
| |||||||
| |||||||
1 | Sec. 17.8. Surrender of license. Upon the revocation or
| ||||||
2 | suspension of a
license or registration , the licensee
shall | ||||||
3 | immediately surrender his or her license to the
Department. If | ||||||
4 | the
licensee fails to do so, the
Department has the right to | ||||||
5 | seize the license.
| ||||||
6 | (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02 .)
| ||||||
7 | (225 ILCS 105/17.9)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
9 | Sec. 17.9. Summary suspension of a license or | ||||||
10 | registration . The Secretary
may summarily
suspend a license or | ||||||
11 | registration without a hearing if the Secretary finds that | ||||||
12 | evidence in
the
Secretary's possession
indicates that the | ||||||
13 | continuation of practice would constitute an imminent
danger | ||||||
14 | to the public, participants, including any professional | ||||||
15 | contest officials, or the
individual involved or cause harm to | ||||||
16 | the profession. If the Secretary summarily suspends the
| ||||||
17 | license
without a hearing, a hearing must be commenced within | ||||||
18 | 30 days after the
suspension has occurred
and concluded as | ||||||
19 | expeditiously as practical.
| ||||||
20 | (Source: P.A. 97-119, eff. 7-14-11.)
| ||||||
21 | (225 ILCS 105/18) (from Ch. 111, par. 5018)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
23 | Sec. 18. Investigations; notice and hearing. | ||||||
24 | (a) The Department may investigate the actions of any |
| |||||||
| |||||||
1 | applicant or of any person or entity holding or claiming to | ||||||
2 | hold a license under this Act. | ||||||
3 | (b) The Department shall, before disciplining an applicant | ||||||
4 | or licensee, at least 30 days prior to the date set for the | ||||||
5 | hearing: (i) notify, in writing, the accused of the charges | ||||||
6 | made and the time and place for the hearing on the charges; | ||||||
7 | (ii) direct him or her to file a written answer to the charges, | ||||||
8 | under oath, within 20 days after service of the notice; and | ||||||
9 | (iii) inform the applicant or licensee that failure to file an | ||||||
10 | answer will result in a default being entered against the | ||||||
11 | applicant or licensee. | ||||||
12 | (c) Written or electronic notice, and any notice in the | ||||||
13 | subsequent proceedings, may be served by personal delivery, by | ||||||
14 | email, or by mail to the applicant or licensee at his or her | ||||||
15 | address of record or email address of record. | ||||||
16 | (d) At the time and place fixed in the notice, the hearing | ||||||
17 | officer appointed by the Secretary shall proceed to hear the | ||||||
18 | charges, and the parties or their counsel shall be accorded | ||||||
19 | ample opportunity to present any statement, testimony, | ||||||
20 | evidence, and argument as may be pertinent to the charges or to | ||||||
21 | their defense. The hearing officer may continue the hearing | ||||||
22 | from time to time. | ||||||
23 | (e) If the licensee or applicant, after receiving the | ||||||
24 | notice, fails to file an answer, his or her license may, in the | ||||||
25 | discretion of the Secretary, be suspended, revoked, or placed | ||||||
26 | on probationary status or be subject to whatever disciplinary |
| |||||||
| |||||||
1 | action the Secretary considers proper, including limiting the | ||||||
2 | scope, nature, or extent of the person's practice or | ||||||
3 | imposition of a fine, without hearing, if the act or acts | ||||||
4 | charged constitute sufficient grounds for the action under | ||||||
5 | this Act. | ||||||
6 | The Department may investigate the
actions
of any applicant or | ||||||
7 | of
any person or persons promoting or participating in a | ||||||
8 | professional or amateur contest
or
any person holding or
| ||||||
9 | claiming to hold a license. The Department shall, before
| ||||||
10 | revoking, suspending,
placing on probation,
reprimanding, or | ||||||
11 | taking any other disciplinary action under this Act, at least
| ||||||
12 | 30 days before the date
set for the hearing, (i) notify the | ||||||
13 | accused in writing of the charges made and
the time and place | ||||||
14 | for
the hearing on the charges, (ii) direct him or her to file | ||||||
15 | a written answer to
the charges with the Department
under oath | ||||||
16 | within 20 days after the service on him or her of the notice, | ||||||
17 | and
(iii) inform the accused
that, if he or she fails to | ||||||
18 | answer, default will be taken against him or her or
that his or | ||||||
19 | her license may
be suspended, revoked, or placed on | ||||||
20 | probationary status or that other
disciplinary action may be | ||||||
21 | taken with regard
to the license, including limiting the | ||||||
22 | scope, nature, or
extent
of his or her
practice, as the | ||||||
23 | Department
may consider proper. At the time and place fixed in | ||||||
24 | the notice, the hearing officer shall
proceed to hear the
| ||||||
25 | charges, and the parties or their counsel shall be accorded | ||||||
26 | ample opportunity
to present any pertinent
statements, |
| |||||||
| |||||||
1 | testimony, evidence, and arguments. The hearing officer may | ||||||
2 | continue the
hearing from time to
time. In case the person, | ||||||
3 | after receiving the notice, fails to file an answer,
his or her | ||||||
4 | license may, in
the discretion of the Department, be | ||||||
5 | suspended, revoked, or placed on
probationary status or the
| ||||||
6 | Department may take whatever disciplinary action considered | ||||||
7 | proper, including
limiting the scope,
nature, or extent of the | ||||||
8 | person's practice or the imposition of a fine, without
a | ||||||
9 | hearing, if the act or
acts charged constitute sufficient | ||||||
10 | grounds for that action under this Act. The
written notice may | ||||||
11 | be
served by personal delivery or by certified mail to the | ||||||
12 | person's address of record.
| ||||||
13 | (Source: P.A. 97-119, eff. 7-14-11.)
| ||||||
14 | (225 ILCS 105/19) (from Ch. 111, par. 5019)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
16 | Sec. 19. Hearing; Motion for rehearing Findings and | ||||||
17 | recommendations . | ||||||
18 | (a) The hearing officer appointed by the Secretary shall | ||||||
19 | hear evidence in support of the formal charges and evidence | ||||||
20 | produced by the applicant or licensee. At the conclusion of | ||||||
21 | the hearing, the hearing officer shall present to the | ||||||
22 | Secretary a written report of his or her findings of fact, | ||||||
23 | conclusions of law, and recommendations. | ||||||
24 | (b) A copy of the hearing officer's report shall be served | ||||||
25 | upon the applicant or licensee, either personally or as |
| |||||||
| |||||||
1 | provided in this Act for the service of the notice of hearing. | ||||||
2 | Within 20 calendar days after such service, the applicant or | ||||||
3 | licensee may present to the Department a motion, in writing, | ||||||
4 | for a rehearing that shall specify the particular grounds for | ||||||
5 | rehearing. The Department may respond to the motion for | ||||||
6 | rehearing within 20 calendar days after its service on the | ||||||
7 | Department. If no motion for rehearing is filed, then upon the | ||||||
8 | expiration of the time specified for filing such a motion, or | ||||||
9 | upon denial of a motion for rehearing, the Secretary may enter | ||||||
10 | an order in accordance with the recommendations of the hearing | ||||||
11 | officer. If the applicant or licensee orders from the | ||||||
12 | reporting service and pays for a transcript of the record | ||||||
13 | within the time for filing a motion for rehearing, the 20 | ||||||
14 | calendar day period within which a motion may be filed shall | ||||||
15 | commence upon delivery of the transcript to the applicant or | ||||||
16 | licensee. | ||||||
17 | (c) If the Secretary disagrees in any regard with the | ||||||
18 | report of the hearing officer, the Secretary may issue an | ||||||
19 | order contrary to the report. | ||||||
20 | (d) Whenever the Secretary is not satisfied that | ||||||
21 | substantial justice has been done, the Secretary may order a | ||||||
22 | hearing by the same or another hearing officer. | ||||||
23 | (e) At any point in any investigation or disciplinary | ||||||
24 | proceeding provided for in this Act, both parties may agree to | ||||||
25 | a negotiated consent order. The consent order shall be final | ||||||
26 | upon signature of the Secretary. |
| |||||||
| |||||||
1 | At the conclusion of the hearing, the hearing officer
shall | ||||||
2 | present to the
Secretary a written report of its findings, | ||||||
3 | conclusions of law, and
recommendations. The report shall
| ||||||
4 | contain a finding of whether the accused person violated this | ||||||
5 | Act or its
rules or failed to comply
with the conditions | ||||||
6 | required in this Act or its rules. The hearing officer shall | ||||||
7 | specify
the nature of any
violations or failure to comply and | ||||||
8 | shall make its recommendations to the
Secretary. In making
| ||||||
9 | recommendations for any disciplinary actions, the hearing | ||||||
10 | officer may take into
consideration all facts and
| ||||||
11 | circumstances bearing upon the reasonableness of the conduct | ||||||
12 | of the accused and
the potential for future harm to the public | ||||||
13 | including, but not limited to,
previous discipline of the | ||||||
14 | accused by the Department, intent, degree of harm to
the | ||||||
15 | public and likelihood of harm in the future, any restitution | ||||||
16 | made by the
accused, and whether the incident or incidents | ||||||
17 | contained in the complaint
appear to be isolated or represent | ||||||
18 | a continuing pattern of conduct. In making
its recommendations | ||||||
19 | for discipline,
the hearing officer shall endeavor to ensure | ||||||
20 | that the severity of the discipline
recommended is reasonably | ||||||
21 | related to the severity of the violation.
| ||||||
22 | The report of findings of fact, conclusions of law, and | ||||||
23 | recommendation of the hearing officer
shall be
the basis for | ||||||
24 | the Department's order refusing to issue, restore, or renew a
| ||||||
25 | license, or otherwise
disciplining a licensee. If the | ||||||
26 | Secretary disagrees with the
recommendations of the hearing |
| |||||||
| |||||||
1 | officer, the Secretary
may issue an order in contravention of | ||||||
2 | the hearing officer's recommendations. The finding is not | ||||||
3 | admissible in evidence against the person in a
criminal | ||||||
4 | prosecution
brought for a violation of this Act, but the | ||||||
5 | hearing and finding are not a bar
to a criminal prosecution
| ||||||
6 | brought for a violation of this Act.
| ||||||
7 | (Source: P.A. 97-119, eff. 7-14-11.)
| ||||||
8 | (225 ILCS 105/19.1) (from Ch. 111, par. 5019.1)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
10 | Sec. 19.1. Hearing officer Appointment of a hearing | ||||||
11 | officer . Notwithstanding any provision of this Act, the | ||||||
12 | Secretary has the authority to appoint an attorney duly | ||||||
13 | licensed to practice law in the State of Illinois to serve as | ||||||
14 | the hearing officer in any action for refusal to issue or renew | ||||||
15 | a license or discipline a license. The hearing officer shall | ||||||
16 | have full authority to conduct the hearing. The hearing | ||||||
17 | officer shall report his or her findings of fact, conclusions | ||||||
18 | of law, and recommendations to the Secretary The Secretary has
| ||||||
19 | the authority to appoint any attorney duly licensed to | ||||||
20 | practice law in the
State of Illinois to serve as the hearing | ||||||
21 | officer in any action for refusal
to issue, restore, or renew a | ||||||
22 | license or
discipline of
a licensee. The hearing officer has
| ||||||
23 | full authority to
conduct the hearing. The hearing officer | ||||||
24 | shall report his or her findings
of fact,
conclusions of law, | ||||||
25 | and
recommendations to the Secretary. If the Secretary |
| |||||||
| |||||||
1 | determines that the hearing officer's report is
contrary to | ||||||
2 | the manifest weight of the evidence, he may issue an order in
| ||||||
3 | contravention of the recommendation .
| ||||||
4 | (Source: P.A. 97-119, eff. 7-14-11.)
| ||||||
5 | (225 ILCS 105/19.5)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
7 | Sec. 19.5. Order or certified copy; prima facie proof. An | ||||||
8 | order or
certified copy thereof, over
the seal of the | ||||||
9 | Department and purporting to be signed by the Secretary, is
| ||||||
10 | prima facie proof that:
| ||||||
11 | (1) the signature is the genuine signature of the | ||||||
12 | Secretary; and
| ||||||
13 | (2) the Secretary is duly appointed and qualified ; | ||||||
14 | and .
| ||||||
15 | (3) the hearing officer is qualified to act. | ||||||
16 | (Source: P.A. 97-119, eff. 7-14-11.)
| ||||||
17 | (225 ILCS 105/20) (from Ch. 111, par. 5020)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
19 | Sec. 20. Record of proceeding Stenographer; transcript . | ||||||
20 | (a) The Department, at its expense, shall provide a | ||||||
21 | certified shorthand reporter to take down the testimony and | ||||||
22 | preserve a record of all proceedings at the hearing of any case | ||||||
23 | in which a licensee may be revoked, suspended, placed on | ||||||
24 | probationary status, reprimanded, fined, or subjected to other |
| |||||||
| |||||||
1 | disciplinary action with reference to the license when a | ||||||
2 | disciplinary action is authorized under this Act and rules. | ||||||
3 | The notice of hearing, complaint, and all other documents in | ||||||
4 | the nature of pleadings and written portions filed in the | ||||||
5 | proceedings, the transcript of the testimony, the report of | ||||||
6 | the hearing officer, and the orders of the Department shall be | ||||||
7 | the record of the proceedings. The record may be made | ||||||
8 | available to any person interested in the hearing upon payment | ||||||
9 | of the fee required by Section 2105-115 of the Department of | ||||||
10 | Professional Regulation Law of the Civil Administrative Code | ||||||
11 | of Illinois. | ||||||
12 | (b) The Department may contract for court reporting | ||||||
13 | services, and, if it does so, the Department shall provide the | ||||||
14 | name and contact information for the certified shorthand | ||||||
15 | reporter who transcribed the testimony at a hearing to any | ||||||
16 | person interested, who may obtain a copy of the transcript of | ||||||
17 | any proceedings at a hearing upon payment of the fee specified | ||||||
18 | by the certified shorthand reporter. | ||||||
19 | The Department, at its expense,
shall provide a stenographer
| ||||||
20 | to take down the testimony and preserve a record of all | ||||||
21 | proceedings at
the hearing of any case wherein a license or | ||||||
22 | permit is subjected to
disciplinary action. The notice of | ||||||
23 | hearing, complaint and all other
documents in the nature of | ||||||
24 | pleadings and written motions filed in the
proceedings, the | ||||||
25 | transcript of testimony, the report of the hearing officer and | ||||||
26 | the
orders of the Department shall be the record of the |
| |||||||
| |||||||
1 | proceedings.
The
Department shall furnish a transcript of the | ||||||
2 | record to any person
interested in the hearing upon payment of | ||||||
3 | the fee required under
Section
2105-115 of the Department of | ||||||
4 | Professional Regulation Law (20 ILCS
2105/2105-115).
| ||||||
5 | (Source: P.A. 97-119, eff. 7-14-11.)
| ||||||
6 | (225 ILCS 105/21) (from Ch. 111, par. 5021)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
8 | Sec. 21. Injunctive action; cease and desist order.
| ||||||
9 | (a) If a person violates the provisions of this Act, the | ||||||
10 | Secretary Director , in the
name of the People of
the State of | ||||||
11 | Illinois, through the Attorney General or the State's Attorney | ||||||
12 | of
the county in which the
violation is alleged to have | ||||||
13 | occurred, may petition for an order enjoining the
violation or | ||||||
14 | for an order
enforcing compliance with this Act. Upon the | ||||||
15 | filing of a verified petition, the
court with appropriate
| ||||||
16 | jurisdiction may issue a temporary restraining order, without | ||||||
17 | notice or bond,
and may preliminarily
and permanently enjoin | ||||||
18 | the violation. If it is established that the person has
| ||||||
19 | violated or is violating the
injunction, the court may punish | ||||||
20 | the offender for contempt of court.
Proceedings under this | ||||||
21 | Section
are in addition to, and not in lieu of, all other | ||||||
22 | remedies and penalties
provided by this Act.
| ||||||
23 | (b) Whenever, in the opinion of the Department, a person | ||||||
24 | violates any
provision of this Act, the
Department may issue a | ||||||
25 | rule to show cause why an order to cease and desist
should not |
| |||||||
| |||||||
1 | be entered
against that person. The rule shall clearly set | ||||||
2 | forth the grounds relied upon
by the Department and
shall | ||||||
3 | allow at least 7 days from the date of the rule to file an | ||||||
4 | answer
satisfactory to the Department.
Failure to answer to | ||||||
5 | the satisfaction of the Department shall cause an order to
| ||||||
6 | cease and desist to be
issued.
| ||||||
7 | (Source: P.A. 91-408, eff. 1-1-00 .)
| ||||||
8 | (225 ILCS 105/22) (from Ch. 111, par. 5022)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
10 | Sec. 22.
The expiration date and renewal period for each | ||||||
11 | license
issued under this Act shall be set by rule. The holder | ||||||
12 | of a license
may renew such license during the month preceding | ||||||
13 | the expiration date
thereof by paying the required fee and | ||||||
14 | meeting additional requirements as determined by rule .
| ||||||
15 | (Source: P.A. 82-522 .)
| ||||||
16 | (225 ILCS 105/23) (from Ch. 111, par. 5023)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
18 | Sec. 23. Fees. | ||||||
19 | (a) The fees for the administration and enforcement of
| ||||||
20 | this Act including, but not limited to, original licensure, | ||||||
21 | renewal, and
restoration shall be set by rule. The fees shall | ||||||
22 | not be refundable. All
Beginning July 1, 2003, all of the fees, | ||||||
23 | taxes, and fines collected under
this Act shall be deposited | ||||||
24 | into the General Professions Dedicated Fund.
|
| |||||||
| |||||||
1 | (b) Before January 1, 2023, there shall be no fees for | ||||||
2 | amateur full-contact martial arts events; except that until | ||||||
3 | January 1, 2023, the applicant fees for promoters of amateur | ||||||
4 | events where only amateur bouts are held shall be $300. | ||||||
5 | (Source: P.A. 92-16, eff. 6-28-01;
92-499, eff. 1-1-02; 93-32, | ||||||
6 | eff. 7-1-03 .)
| ||||||
7 | (225 ILCS 105/23.1) (from Ch. 111, par. 5023.1)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
9 | Sec. 23.1. Returned checks; fines. Any person who delivers | ||||||
10 | a check or other
payment to the Department that is returned to | ||||||
11 | the Department unpaid by the
financial institution upon which | ||||||
12 | it is drawn shall pay to the Department, in
addition to the | ||||||
13 | amount already owed to the Department, a fine of $50. The
fines | ||||||
14 | imposed by this Section are in addition to any other | ||||||
15 | discipline provided
under this Act for unlicensed practice or | ||||||
16 | practice on a nonrenewed license.
The Department shall notify | ||||||
17 | the person that payment of fees and fines shall be
paid to the | ||||||
18 | Department by certified check or money order within 30 | ||||||
19 | calendar
days of the notification. If, after the expiration of | ||||||
20 | 30 days from the date of
the notification, the person has | ||||||
21 | failed to submit the necessary remittance,
the Department | ||||||
22 | shall automatically terminate the license or deny the
| ||||||
23 | application, without hearing. If, after termination or denial, | ||||||
24 | the person
seeks a license, he or she shall apply to the | ||||||
25 | Department for restoration or
issuance of the license and pay |
| |||||||
| |||||||
1 | all fees and fines due to the Department.
The Department may | ||||||
2 | establish a fee for the processing of an application for
| ||||||
3 | restoration of a license to pay all expenses of processing | ||||||
4 | this application.
The Secretary Director may waive the fines | ||||||
5 | due under this Section in individual cases
where the Secretary | ||||||
6 | Director finds that the fines would be unreasonable or | ||||||
7 | unnecessarily
burdensome.
| ||||||
8 | (Source: P.A. 92-146, eff. 1-1-02; 92-499, eff. 1-1-02 .)
| ||||||
9 | (225 ILCS 105/24) (from Ch. 111, par. 5024)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
11 | Sec. 24. Unlicensed practice; violations; civil penalty. | ||||||
12 | (a) Any person who practices, offers to practice, attempts | ||||||
13 | to practice, or holds himself or herself out as being able to | ||||||
14 | engage in practices requiring a license under this Act without | ||||||
15 | being licensed or exempt under this Act shall, in addition to | ||||||
16 | any other penalty provided by law, pay a civil penalty to the | ||||||
17 | Department in an amount not to exceed $10,000 for each | ||||||
18 | offense, as determined by the Department. The civil penalty | ||||||
19 | shall be assessed by the Department after a hearing is held in | ||||||
20 | accordance with the provision set forth in this Act regarding | ||||||
21 | the provision of a hearing for the discipline of a licensee. | ||||||
22 | (b) The Department may investigate any actual, alleged, or | ||||||
23 | suspected unlicensed activity. | ||||||
24 | (c) The civil penalty shall be paid within 60 days after | ||||||
25 | the effective date of the order imposing the civil penalty. |
| |||||||
| |||||||
1 | The order shall constitute a judgment and may be filed and | ||||||
2 | executed thereon in the same manner as any judgment from any | ||||||
3 | court of record. | ||||||
4 | (d) A person or entity not licensed under this Act who has | ||||||
5 | violated any provision of this Act or its rules is guilty of a | ||||||
6 | Class A misdemeanor for the first offense and a Class 4 felony | ||||||
7 | for a second and subsequent offenses. | ||||||
8 | A person who violates a provision of this Act is guilty
of a | ||||||
9 | Class A Misdemeanor. On conviction of a second or subsequent | ||||||
10 | offense
the violator shall be guilty of a Class 4 felony.
| ||||||
11 | (Source: P.A. 86-615 .)
| ||||||
12 | (225 ILCS 105/24.5) | ||||||
13 | (Section scheduled to be repealed on January 1, 2022) | ||||||
14 | Sec. 24.5. Confidentiality. All information collected by | ||||||
15 | the Department in the course of an examination or | ||||||
16 | investigation of a licensee , registrant, or applicant, | ||||||
17 | including, but not limited to, any complaint against a | ||||||
18 | licensee or registrant filed with the Department and | ||||||
19 | information collected to investigate any such complaint, shall | ||||||
20 | be maintained for the confidential use of the Department and | ||||||
21 | shall not be disclosed. The Department may not disclose such | ||||||
22 | information to anyone other than law enforcement officials, | ||||||
23 | other regulatory agencies that have an appropriate regulatory | ||||||
24 | interest as determined by the Secretary, or a party presenting | ||||||
25 | a lawful subpoena to the Department. Information and documents |
| |||||||
| |||||||
1 | disclosed to a federal, State, county, or local law | ||||||
2 | enforcement agency shall not be disclosed by the agency for | ||||||
3 | any purpose to any other agency or person. A formal complaint | ||||||
4 | filed against a licensee or registrant by the Department or | ||||||
5 | any order issued by the Department against a licensee , | ||||||
6 | registrant, or applicant shall be a public record, except as | ||||||
7 | otherwise prohibited by law.
| ||||||
8 | (Source: P.A. 97-119, eff. 7-14-11.)
| ||||||
9 | (225 ILCS 105/25.1)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
11 | Sec. 25.1. Medical Suspension. | ||||||
12 | (a) A licensee or registrant who is determined by the
| ||||||
13 | examining
physician or Department to
be unfit to compete or | ||||||
14 | officiate shall be prohibited from participating in a contest | ||||||
15 | in Illinois and, if actively licensed, shall be medically | ||||||
16 | suspended immediately suspended until it is
shown that he or | ||||||
17 | she is fit for
further competition or officiating. If the | ||||||
18 | licensee or registrant disagrees with a medical
suspension set | ||||||
19 | at the
discretion of the ringside physician, he or she may | ||||||
20 | request a hearing to show
proof of fitness. The
hearing shall | ||||||
21 | be provided at the earliest opportunity after the Department
| ||||||
22 | receives a written request
from the licensee.
| ||||||
23 | (b) If the referee has stopped the bout or rendered a | ||||||
24 | decision of technical knockout against a professional or | ||||||
25 | amateur
or if
the professional or amateur is knocked out other |
| |||||||
| |||||||
1 | than by a blow to the head , the professional or amateur
shall | ||||||
2 | be medically
immediately suspended immediately for a period of | ||||||
3 | not less than 30 days. | ||||||
4 | (c) In a full-contact martial arts contest, if the | ||||||
5 | professional or amateur has tapped out , or has submitted, or | ||||||
6 | the referee has stopped the bout, shall stop the professional | ||||||
7 | or amateur contest and the ringside physician shall determine | ||||||
8 | the length of suspension.
| ||||||
9 | (d) If the professional or amateur has been knocked | ||||||
10 | unconscious out by a blow to the head , he or
she shall be | ||||||
11 | medically
suspended immediately for a period of not less than | ||||||
12 | 45 days.
| ||||||
13 | (e) A licensee may receive a medical suspension for any | ||||||
14 | injury sustained as a result of a bout that shall not be less | ||||||
15 | than 7 days. | ||||||
16 | (f) A licensee may receive additional terms and conditions | ||||||
17 | for a medical suspension beyond a prescribed passage of time | ||||||
18 | as authorized under this Section. | ||||||
19 | (g) If a licensee receives a medical suspension that | ||||||
20 | includes terms and conditions in addition to the prescribed | ||||||
21 | passage of time as authorized under this Section, before the | ||||||
22 | removal of the medical suspension, a licensee shall: | ||||||
23 | (1) satisfactorily pass a medical examination; | ||||||
24 | (2) provide those examination results to the | ||||||
25 | Department; | ||||||
26 | (3) provide any additional requested documentation as |
| |||||||
| |||||||
1 | directed by the licensee's examining physician or | ||||||
2 | Department where applicable; and | ||||||
3 | (4) if the licensee's examining physician requires any | ||||||
4 | necessary additional medical procedures during the | ||||||
5 | examination related to the injury that resulted in the | ||||||
6 | medical suspension, those results shall be provided to the | ||||||
7 | Department. | ||||||
8 | (h) Any medical suspension imposed as authorized under | ||||||
9 | this Act against a licensee shall be reported to the | ||||||
10 | Department's record keeper as determined by rule. | ||||||
11 | (i) A medical suspension as authorized under this Section | ||||||
12 | shall not be considered a suspension under Section 16 of this | ||||||
13 | Act. A violation of the terms of a medical suspension | ||||||
14 | authorized under this Section shall subject a licensee to | ||||||
15 | discipline under Section 16 of this Act. | ||||||
16 | (j) A professional or amateur contestant who has been | ||||||
17 | placed on medical suspension under the laws of another state, | ||||||
18 | the District of Columbia, or a territory of the United States | ||||||
19 | for substantially similar reasons as this Section shall be | ||||||
20 | prohibited from participating in a contest as authorized under | ||||||
21 | this Act until the requirements of subsection (g) of this | ||||||
22 | Section have been met or the medical suspension has been | ||||||
23 | removed by that jurisdiction. | ||||||
24 | (k) A medical suspension authorized under this Section | ||||||
25 | shall begin the day after the bout a licensee participated in. | ||||||
26 | Prior to reinstatement, any professional or amateur |
| |||||||
| |||||||
1 | suspended for his or her
medical protection shall
| ||||||
2 | satisfactorily pass a medical examination upon the direction | ||||||
3 | of the
Department. The examining
physician may require any | ||||||
4 | necessary medical procedures during the
examination.
| ||||||
5 | (Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
| ||||||
6 | (225 ILCS 105/0.10 rep.) | ||||||
7 | (225 ILCS 105/10.1 rep.) | ||||||
8 | (225 ILCS 105/10.5 rep.) | ||||||
9 | (225 ILCS 105/11.5 rep.) | ||||||
10 | (225 ILCS 105/17.11 rep.) | ||||||
11 | (225 ILCS 105/17.12 rep.) | ||||||
12 | (225 ILCS 105/19.4 rep.) | ||||||
13 | Section 30. The Boxing and Full-contact Martial Arts Act | ||||||
14 | is amended by repealing Sections 0.10, 10.1, 10.5, 11.5, | ||||||
15 | 17.11, 17.12, and 19.4.
| ||||||
16 | Section 35. The Registered Interior Designers Act is | ||||||
17 | amended by changing Section 3, 4, 4.5, 6, 7, 11, 14, 20, 23, | ||||||
18 | 29, 30 and by adding Section 3.1 as follows:
| ||||||
19 | (225 ILCS 310/3) (from Ch. 111, par. 8203)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2022) | ||||||
21 | Sec. 3. Definitions. As used in this Act:
| ||||||
22 | "Address of record" means the designated address recorded | ||||||
23 | by the Department in the applicant's application file or the |
| |||||||
| |||||||
1 | registrant's registration file as maintained by the | ||||||
2 | Department's licensure maintenance unit. | ||||||
3 | "Board" means the Board of Registered Interior Design | ||||||
4 | Professionals established
under Section 6 of this Act.
| ||||||
5 | "Department" means the Department of Financial and | ||||||
6 | Professional Regulation. | ||||||
7 | "Email address of record" means the designated email | ||||||
8 | address recorded by the Department in the applicant's | ||||||
9 | application file or the registrant's registration file as | ||||||
10 | maintained by the Department's licensure maintenance unit. | ||||||
11 | "The profession of interior design", within the meaning | ||||||
12 | and intent
of this Act, refers to persons qualified by | ||||||
13 | education, experience, and
examination, who administer | ||||||
14 | contracts for fabrication, procurement, or
installation in the | ||||||
15 | implementation of designs, drawings, and specifications
for | ||||||
16 | any interior design project and offer or furnish professional | ||||||
17 | services,
such as consultations, studies, drawings, and | ||||||
18 | specifications in connection
with the location of lighting | ||||||
19 | fixtures, lamps and specifications of ceiling
finishes as | ||||||
20 | shown in reflected ceiling plans, space planning, furnishings,
| ||||||
21 | or the fabrication of non-loadbearing structural elements | ||||||
22 | within and
surrounding interior spaces of buildings but | ||||||
23 | specifically excluding
mechanical and electrical systems, | ||||||
24 | except for specifications of fixtures
and their location | ||||||
25 | within interior spaces. | ||||||
26 | "Public member" means a person who is not an interior |
| |||||||
| |||||||
1 | designer,
educator in the field, architect, structural | ||||||
2 | engineer, or professional
engineer. For purposes of board | ||||||
3 | membership, any person with a significant
financial interest | ||||||
4 | in the design or construction service or profession is
not a | ||||||
5 | public member.
| ||||||
6 | "Registered interior designer" means a person who has | ||||||
7 | received registration
under Section 8 of this Act. A person | ||||||
8 | represents himself or herself to be a "registered interior | ||||||
9 | designer" within the meaning of this Act if he or she holds | ||||||
10 | himself or herself out to the public by any title | ||||||
11 | incorporating the words "registered interior designer" or any | ||||||
12 | title that includes the words "registered interior design".
| ||||||
13 | "Secretary" means the Secretary of Financial and | ||||||
14 | Professional Regulation.
| ||||||
15 | (Source: P.A. 100-920, eff. 8-17-18.)
| ||||||
16 | (225 ILCS 310/3.1 new) | ||||||
17 | Sec. 3.1. Address of record; email address of record. All | ||||||
18 | applicants and registrants shall: | ||||||
19 | (1) provide a valid address and email address to
the | ||||||
20 | Department, which shall serve as the address of record and | ||||||
21 | email address of record, respectively, at the time of | ||||||
22 | application for registration or renewal of a registration; | ||||||
23 | and | ||||||
24 | (2) inform the Department of any change of address
of | ||||||
25 | record or email address of record within 14 days after |
| |||||||
| |||||||
1 | such change either through the Department's website or by | ||||||
2 | contacting the Department's licensure maintenance unit.
| ||||||
3 | (225 ILCS 310/4) (from Ch. 111, par. 8204)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2022) | ||||||
5 | Sec. 4. Title; application of Act. | ||||||
6 | (a) No individual shall, without a valid registration as | ||||||
7 | an
interior designer issued by the Department, in any manner | ||||||
8 | hold himself or herself out
to the public as a registered | ||||||
9 | interior designer or attach the title "registered interior
| ||||||
10 | designer" or any other name or designation which would in any | ||||||
11 | way imply
that he or she is able to use the title "registered | ||||||
12 | interior designer" as defined in this Act.
| ||||||
13 | (a-5) Nothing in this Act shall be construed as preventing | ||||||
14 | or restricting
the services offered or advertised by an | ||||||
15 | interior designer who is registered
under this Act.
| ||||||
16 | (b) Nothing in this Act shall prevent the employment, by a | ||||||
17 | registered interior
designer association, partnership, or a
| ||||||
18 | corporation furnishing interior design services
for | ||||||
19 | remuneration, of persons not registered as interior designers | ||||||
20 | to perform services in various capacities as
needed, provided | ||||||
21 | that the persons do not represent themselves as, or use the
| ||||||
22 | title of, "registered interior designer".
| ||||||
23 | (c) Nothing in this Act shall be construed to limit the | ||||||
24 | activities and
use of the title "interior designer" on
the | ||||||
25 | part of a person not registered under this Act who is a |
| |||||||
| |||||||
1 | graduate of an
interior design program and a full-time | ||||||
2 | employee of a duly chartered
institution of higher education | ||||||
3 | insofar as such person engages in public
speaking, with or | ||||||
4 | without remuneration, provided that such person does not
| ||||||
5 | represent himself or herself to be a registered interior | ||||||
6 | designer or use the title "registered
interior designer".
| ||||||
7 | (d) Nothing contained in this Act shall restrict any | ||||||
8 | person not
registered under this Act from carrying out any of | ||||||
9 | the activities
listed in the definition of "the profession of | ||||||
10 | interior design" in
Section 3 if such person does not | ||||||
11 | represent himself or herself or
his or her services in any | ||||||
12 | manner prohibited by this Act.
| ||||||
13 | (e) Nothing in this Act shall be construed as preventing | ||||||
14 | or restricting
the practice, services, or activities of any | ||||||
15 | person licensed in this State
under any other law from | ||||||
16 | engaging in the profession or occupation for which
he or she is | ||||||
17 | licensed.
| ||||||
18 | (f) Nothing in this Act shall be construed as preventing | ||||||
19 | or restricting
the practice, services, or activities of | ||||||
20 | engineers licensed under the
Professional Engineering Practice | ||||||
21 | Act of 1989 or the Structural
Engineering Practice Act of | ||||||
22 | 1989; architects licensed
pursuant to the
Illinois | ||||||
23 | Architectural Practice Act of 1989; any interior decorator or
| ||||||
24 | individual offering interior decorating services including, | ||||||
25 | but not limited
to, the selection of surface materials, window | ||||||
26 | treatments, wall coverings,
furniture, accessories, paint, |
| |||||||
| |||||||
1 | floor coverings, and lighting fixtures; or
builders, home | ||||||
2 | furnishings salespersons, and similar purveyors of goods and
| ||||||
3 | services relating to homemaking.
| ||||||
4 | (g) Nothing in this Act or any other Act shall prevent a | ||||||
5 | licensed
architect from practicing interior design services. | ||||||
6 | Nothing in this
Act shall be construed as requiring the | ||||||
7 | services of a registered interior designer for the interior | ||||||
8 | designing of a single family
residence.
| ||||||
9 | (h) Nothing in this Act shall authorize registered | ||||||
10 | interior designers to perform services, including life safety | ||||||
11 | services that
they are prohibited from performing, or any | ||||||
12 | practice (i) that is restricted in
the Illinois Architecture | ||||||
13 | Practice Act of 1989, the Professional Engineering
Practice | ||||||
14 | Act of 1989, or the Structural Engineering Practice
Act of | ||||||
15 | 1989, or (ii) that they are not authorized to perform under the
| ||||||
16 | Environmental Barriers Act.
| ||||||
17 | (i) Nothing in this Act shall authorize registered | ||||||
18 | interior designers to advertise services that they are | ||||||
19 | prohibited to perform, including architecture or engineering | ||||||
20 | services, nor to use the title "architect" in any form. | ||||||
21 | (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10 .)
| ||||||
22 | (225 ILCS 310/4.5)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2022) | ||||||
24 | Sec. 4.5. Unregistered practice; violation; civil penalty.
| ||||||
25 | (a) Any person who holds himself or herself out to be
a |
| |||||||
| |||||||
1 | registered interior designer without being registered under | ||||||
2 | this Act shall, in
addition to any other penalty provided by | ||||||
3 | law, pay a civil penalty to the
Department in an amount not to | ||||||
4 | exceed $5,000 for each offense as determined
by the | ||||||
5 | Department. The civil penalty shall be assessed by the | ||||||
6 | Department
after a hearing is held in accordance with the | ||||||
7 | provisions set forth in this
Act regarding the provision of a | ||||||
8 | hearing for the discipline of a registrant licensee .
| ||||||
9 | (b) The Department has the authority and power to | ||||||
10 | investigate any
illegal use of the title of registered | ||||||
11 | interior designer.
| ||||||
12 | (c) The civil penalty shall be paid within 60 days after | ||||||
13 | the effective date
of the order imposing the civil penalty. | ||||||
14 | The order shall constitute a judgment
and may be filed and | ||||||
15 | execution had thereon in the same manner as any judgment
from | ||||||
16 | any court of record.
| ||||||
17 | (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10 .)
| ||||||
18 | (225 ILCS 310/6) (from Ch. 111, par. 8206)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2022) | ||||||
20 | Sec. 6. Board of Registered Interior Design Professionals. | ||||||
21 | The Secretary shall appoint a Board of Registered Interior | ||||||
22 | Design Professionals consisting of 5 members who shall serve | ||||||
23 | in an advisory capacity to the Secretary. All members of the | ||||||
24 | Board shall be residents of Illinois. Four members shall (i) | ||||||
25 | hold a valid registration as an interior designer in Illinois |
| |||||||
| |||||||
1 | and have held the registration under this Act for the | ||||||
2 | preceding 10 years; and (ii) not have been disciplined within | ||||||
3 | the preceding 10 years under this Act. In addition to the 4 | ||||||
4 | registered interior designer members, there shall be one | ||||||
5 | public member. The public member shall be a voting member and | ||||||
6 | shall not be licensed or registered under this Act or any other | ||||||
7 | design profession licensing Act that the Department | ||||||
8 | administers. | ||||||
9 | Board members shall serve 5-year terms and until their | ||||||
10 | successors are appointed and qualified. In appointing members | ||||||
11 | to the Board, the Secretary shall give due consideration to | ||||||
12 | recommendations by members and organizations of the interior | ||||||
13 | design profession. | ||||||
14 | The membership of the Board should reasonably reflect | ||||||
15 | representation from the geographic areas in this State. | ||||||
16 | No member shall be reappointed to the Board for a term that | ||||||
17 | would cause his or her continuous service on the Board to be | ||||||
18 | longer than 2 consecutive 5-year terms. | ||||||
19 | Appointments to fill vacancies shall be made in the same | ||||||
20 | manner as original appointments for the unexpired portion of | ||||||
21 | the vacated term. | ||||||
22 | Three members of the Board shall constitute a quorum. A | ||||||
23 | quorum is required for Board decisions. | ||||||
24 | The Secretary may remove any member of the Board for | ||||||
25 | misconduct, incompetence, or neglect of duty or for reasons | ||||||
26 | prescribed by law for removal of State officials. |
| |||||||
| |||||||
1 | The Secretary may remove a member of the Board who does not | ||||||
2 | attend 2 consecutive meetings. | ||||||
3 | Notice of proposed rulemaking may be transmitted to the | ||||||
4 | Board and the Department may review the response of the Board | ||||||
5 | and any recommendations made therein. The Department may, at | ||||||
6 | any time, seek the expert advice and knowledge of the Board on | ||||||
7 | any matter relating to the administration or enforcement of | ||||||
8 | this Act. | ||||||
9 | Members of the Board are not liable for damages in any | ||||||
10 | action or proceeding as a result of activities performed as | ||||||
11 | members of the Board, except upon proof of actual malice. | ||||||
12 | Members of the Board shall be reimbursed for all | ||||||
13 | legitimate, necessary, and authorized expenses. | ||||||
14 | There is created a
Board of Registered Interior Design | ||||||
15 | Professionals to be composed of persons designated
from time | ||||||
16 | to time by the Director, as follows:
| ||||||
17 | (a) For the first year, 5 persons, 4 of whom have been | ||||||
18 | interior
designers for a period of 5 years or more who | ||||||
19 | would qualify upon
application to the Department under | ||||||
20 | this Act to be
registered interior designers, and one | ||||||
21 | public member. After the initial
appointments, each | ||||||
22 | interior design member shall hold a valid registration as | ||||||
23 | a registered interior designer. The Board shall annually | ||||||
24 | elect a chairman.
| ||||||
25 | (b) Terms for all members shall be 3 years. For | ||||||
26 | initial
appointments, one member shall be appointed to |
| |||||||
| |||||||
1 | serve for one year, 2
shall be appointed to serve for 2 | ||||||
2 | years, and the remaining shall be
appointed to serve for 3 | ||||||
3 | years and until their successors are appointed
and | ||||||
4 | qualified. Initial terms shall begin on the effective date | ||||||
5 | of this
Act. Partial terms over 2 years in length shall be | ||||||
6 | considered as full
terms. A member may be reappointed for | ||||||
7 | a successive term, but no member shall
serve more than 2 | ||||||
8 | full terms.
| ||||||
9 | (c) The membership of the Board should reasonably | ||||||
10 | reflect representation
from the various geographic areas | ||||||
11 | of the State.
| ||||||
12 | (d) In making appointments to the Board, the Director | ||||||
13 | shall give due
consideration to recommendations by | ||||||
14 | national and state organizations of the
interior design | ||||||
15 | profession
and shall promptly give due notice to such | ||||||
16 | organizations of any vacancy in the
membership of the | ||||||
17 | Board. The Director may terminate the appointment of any
| ||||||
18 | member for any cause, which in the opinion of the | ||||||
19 | Director, reasonably
justifies such termination.
| ||||||
20 | (e) Three members shall constitute a quorum. A quorum | ||||||
21 | is required for all Board decisions.
| ||||||
22 | (f) The members of the Board shall each receive as | ||||||
23 | compensation a
reasonable sum as determined by the | ||||||
24 | Director for each day actually engaged
in the duties of | ||||||
25 | the office, and all legitimate and necessary expenses
| ||||||
26 | incurred in attending the meeting of the Board.
|
| |||||||
| |||||||
1 | (g) Members of the Board shall be immune from suit in | ||||||
2 | any action based
upon any disciplinary proceedings or | ||||||
3 | other activities performed in good
faith as members of the | ||||||
4 | Board.
| ||||||
5 | (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10 .)
| ||||||
6 | (225 ILCS 310/7) (from Ch. 111, par. 8207)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
8 | Sec. 7. Board recommendations. The Secretary Director | ||||||
9 | shall consider the
recommendations of the Board in | ||||||
10 | establishing guidelines for professional
conduct, for the | ||||||
11 | conduct of formal disciplinary proceedings brought under
this | ||||||
12 | Act, and for establishing guidelines for qualifications of | ||||||
13 | applicants.
Notice of proposed rulemaking may shall be | ||||||
14 | transmitted to the Board and the
Department shall review the | ||||||
15 | response of the Board and any recommendations
made in their | ||||||
16 | response. The Department, at any time, may seek the expert
| ||||||
17 | advice and knowledge of the Board on any matter relating to the
| ||||||
18 | administration or enforcement of this Act.
| ||||||
19 | (Source: P.A. 86-1404 .)
| ||||||
20 | (225 ILCS 310/11) (from Ch. 111, par. 8211)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
22 | Sec. 11. Fees. The Department shall provide by rule for a | ||||||
23 | schedule of
fees for the administration and enforcement of | ||||||
24 | this Act, including but not
limited to original registration |
| |||||||
| |||||||
1 | licensure , renewal, and restoration. The fees shall be
| ||||||
2 | nonrefundable.
| ||||||
3 | All fees collected under this Act shall be deposited into | ||||||
4 | the
General Professions Dedicated Fund and shall be | ||||||
5 | appropriated to the Department
for the ordinary and contingent | ||||||
6 | expenses of the Department in the
administration of this Act.
| ||||||
7 | (Source: P.A. 91-454, eff. 1-1-00 .)
| ||||||
8 | (225 ILCS 310/14) (from Ch. 111, par. 8214)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
10 | Sec. 14. Investigations; Notice of hearing. Upon the | ||||||
11 | motion of
either the Department or the Board, or upon the | ||||||
12 | verified complaint in
writing of any person setting forth | ||||||
13 | facts which, if proven, would
constitute grounds for refusal, | ||||||
14 | suspension, or revocation of registration
under this Act, the | ||||||
15 | Board shall investigate the actions of any person,
hereinafter | ||||||
16 | called the "registrant", who holds or represents that he holds
| ||||||
17 | a certificate of registration. All such motions or complaints | ||||||
18 | shall be
brought to the Board.
| ||||||
19 | The Director shall, before suspending, revoking, placing | ||||||
20 | on probationary
status, or taking any other disciplinary | ||||||
21 | action as the Director may deem
proper with regard to any | ||||||
22 | registration, at least 30 days prior to the date
set for the | ||||||
23 | hearing, notify the registrant in writing of any charges made
| ||||||
24 | and the time and place for a hearing on the charges before the | ||||||
25 | Board. The
Board shall also direct the registrant to file his |
| |||||||
| |||||||
1 | written answer to the
charges with the Board under oath within | ||||||
2 | 20 days after the service on him
of such notice, and inform him | ||||||
3 | that if he fails to file such answer, his
certificate of | ||||||
4 | registration may be suspended, revoked, placed on
probationary | ||||||
5 | status or other disciplinary action may be taken with regard
| ||||||
6 | thereto, as the Director may deem proper.
| ||||||
7 | The written notice and any notice in such proceeding may | ||||||
8 | be
served by delivery personally to the registrant, by email, | ||||||
9 | or by registered or
certified mail to the address specified by | ||||||
10 | the registrant in his last
notification to the Director.
| ||||||
11 | The Department, at its expense, shall preserve a record of | ||||||
12 | all
proceedings at the formal hearing of any case involving | ||||||
13 | the refusal to
issue or renew a registration, or discipline of | ||||||
14 | a registrant. The notice
of hearing, complaint, and all other | ||||||
15 | documents in the nature of pleadings
and written motions filed | ||||||
16 | in the proceedings, the transcript of testimony,
the report of | ||||||
17 | the Board, and the orders of the Department shall be the
record | ||||||
18 | of such proceedings.
| ||||||
19 | (Source: P.A. 86-1404 .)
| ||||||
20 | (225 ILCS 310/20) (from Ch. 111, par. 8220)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
22 | Sec. 20. Restoration. At any time after suspension, | ||||||
23 | revocation,
placement on probationary status, or the taking of | ||||||
24 | any other disciplinary
action with regard to any registration, | ||||||
25 | the Department may restore the
certificate of registration, or |
| |||||||
| |||||||
1 | take any other action to reinstate the
registration to good | ||||||
2 | standing, without further examination , upon the written
| ||||||
3 | recommendation of the Board .
| ||||||
4 | (Source: P.A. 86-1404 .)
| ||||||
5 | (225 ILCS 310/23) (from Ch. 111, par. 8223)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
7 | Sec. 23. Confidentiality. Confidential information; | ||||||
8 | Disclosure. All information collected by the Department in the | ||||||
9 | course of an examination or investigation of a registrant or | ||||||
10 | applicant, including, but not limited to, any complaint | ||||||
11 | against a registrant filed with the Department and information | ||||||
12 | collected to investigate any such complaint, shall be | ||||||
13 | maintained for the confidential use of the Department and may | ||||||
14 | not be disclosed. The Department may not disclose the | ||||||
15 | information to anyone other than law enforcement officials, | ||||||
16 | other regulatory agencies that have an appropriate regulatory | ||||||
17 | interest as determined by the Secretary, or a party presenting | ||||||
18 | a lawful subpoena to the Department. Information and documents | ||||||
19 | disclosed to a federal, State, county, or local law | ||||||
20 | enforcement agency may not be disclosed by the agency for any | ||||||
21 | purpose to any other agency or person. A formal complaint | ||||||
22 | filed by the Department against a registrant or applicant is a | ||||||
23 | public record, except as otherwise prohibited by law. In | ||||||
24 | hearings conducted
under this Act, information presented into | ||||||
25 | evidence that was acquired by an
interior designer in serving |
| |||||||
| |||||||
1 | any individual in a professional capacity, and
necessary to | ||||||
2 | professionally serve such individual, shall be deemed strictly
| ||||||
3 | confidential and shall only be made available either as part | ||||||
4 | of the record
of a hearing hereunder or otherwise:
| ||||||
5 | (a) when the record is required, in its entirety, for | ||||||
6 | purposes of judicial
review;
| ||||||
7 | (b) upon the express written consent of the individual | ||||||
8 | served, or in the
case of his or her death or disability, the | ||||||
9 | consent of his or her personal
representative.
| ||||||
10 | (Source: P.A. 86-1404 .)
| ||||||
11 | (225 ILCS 310/29) (from Ch. 111, par. 8229)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
13 | Sec. 29. Illinois Administrative Procedure Act. The | ||||||
14 | Illinois
Administrative
Procedure Act is hereby expressly | ||||||
15 | adopted and incorporated herein as if all of
the provisions of | ||||||
16 | that Act were included in this Act, except that the provision
| ||||||
17 | of subsection (d) of Section 10-65 of the Illinois | ||||||
18 | Administrative Procedure Act
that provides that at hearings | ||||||
19 | the registrant has the right to show compliance
with all | ||||||
20 | lawful requirements for retention, continuation, or renewal of | ||||||
21 | the
registration is specifically excluded. For the purposes of | ||||||
22 | this Act, the
notice required under Section 10-25 of the | ||||||
23 | Illinois Administrative
Procedure Act is
deemed sufficient | ||||||
24 | when mailed or emailed to the last known address of a party.
| ||||||
25 | (Source: P.A. 91-357, eff. 7-29-99 .)
|
| |||||||
| |||||||
1 | (225 ILCS 310/30) (from Ch. 111, par. 8230)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
3 | Sec. 30. Fund; appropriations; investments; audits | ||||||
4 | Interior Design Administration and Investigation Fund . All of | ||||||
5 | the fees collected pursuant to this Act shall be deposited | ||||||
6 | into the
General Professions Dedicated Fund.
| ||||||
7 | On January 1, 2000 the State Comptroller shall transfer | ||||||
8 | the balance of the
monies in the Interior Design | ||||||
9 | Administration and Investigation Fund into the
General | ||||||
10 | Professions Dedicated Fund. Amounts appropriated for fiscal | ||||||
11 | year 2000
out of the Interior Design Administration and | ||||||
12 | Investigation Fund may be paid
out of the General Professions | ||||||
13 | Dedicated Fund.
| ||||||
14 | The moneys monies deposited in the General Professions | ||||||
15 | Dedicated Fund may be used
for the expenses of the Department | ||||||
16 | in the administration of this Act.
| ||||||
17 | Moneys from the Fund may also be used for direct and | ||||||
18 | allocable indirect
costs related to the public purposes of the | ||||||
19 | Department of Professional
Regulation. Moneys in the Fund may | ||||||
20 | be transferred to the Professions
Indirect Cost Fund as | ||||||
21 | authorized by Section 2105-300 of the Department
of | ||||||
22 | Professional Regulation Law (20 ILCS 2105/2105-300) .
| ||||||
23 | Upon the completion of any audit of the Department as | ||||||
24 | prescribed by the
Illinois State Auditing Act that includes an | ||||||
25 | audit of the General Professions Dedicated Fund Interior
|
| |||||||
| |||||||
1 | Design Administration and Investigation Fund , the Department | ||||||
2 | shall make the
audit open to inspection by any interested | ||||||
3 | person. The copy of the audit
report required to be submitted | ||||||
4 | to the Department by this Section is in
addition to copies of | ||||||
5 | audit reports required to be submitted to other State
officers | ||||||
6 | and agencies by Section 3-14 of the Illinois State Auditing | ||||||
7 | Act.
| ||||||
8 | (Source: P.A. 91-239, eff. 1-1-00; 91-454, eff. 1-1-00; 92-16, | ||||||
9 | eff.
6-28-01 .)
| ||||||
10 | Section 40. The Cemetery Oversight Act is amended by | ||||||
11 | changing Sections 5-15, 5-20, 5-25, 10-20, 10-21, 10-25, | ||||||
12 | 10-40, 10-55, 20-10, 25-3, 25-5, 25-10, 25-15, 25-25, 25-30, | ||||||
13 | 25-35, 25-90, 25-95, 25-105, 25-115, 35-5, 35-15, and 75-45 | ||||||
14 | and by adding Sections 5-16, 5-26, and 25-26 as follows:
| ||||||
15 | (225 ILCS 411/5-15) | ||||||
16 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
17 | Sec. 5-15. Definitions. In this Act: | ||||||
18 | "Address of record" means the designated address recorded | ||||||
19 | by the Department in the applicant's or licensee's application | ||||||
20 | file or license file. It is the duty of the applicant or | ||||||
21 | licensee to inform the Department of any change of address | ||||||
22 | within 14 days either through the Department's website or by | ||||||
23 | contacting the Department's licensure maintenance unit. The | ||||||
24 | address of record for a cemetery authority shall be the |
| |||||||
| |||||||
1 | permanent street address of the cemetery. | ||||||
2 | "Applicant" means a person applying for licensure under | ||||||
3 | this Act as a cemetery authority, cemetery manager, or | ||||||
4 | customer service employee. Any applicant or any person who | ||||||
5 | holds himself or herself out as an applicant is considered a | ||||||
6 | licensee for purposes of enforcement, investigation, hearings, | ||||||
7 | and the Illinois Administrative Procedure Act. | ||||||
8 | "Burial permit" means a permit provided by a licensed | ||||||
9 | funeral director for the disposition of a dead human body. | ||||||
10 | "Care" means the maintenance of a cemetery and of the | ||||||
11 | lots, graves, crypts, niches, family mausoleums, memorials, | ||||||
12 | and markers therein, including: (i) the cutting and trimming | ||||||
13 | of lawn, shrubs, and trees at reasonable intervals; (ii) | ||||||
14 | keeping in repair the drains, water lines, roads, buildings, | ||||||
15 | fences, and other structures, in keeping with a | ||||||
16 | well-maintained cemetery as provided for in Section 20-5 of | ||||||
17 | this Act and otherwise as required by rule; (iii) maintenance | ||||||
18 | of machinery, tools, and equipment for such care; (iv) | ||||||
19 | compensation of cemetery workers, any discretionary payment of | ||||||
20 | insurance premiums, and any reasonable payments for workers' | ||||||
21 | pension and other benefits plans; and (v) the payment of | ||||||
22 | expenses necessary for such purposes and for maintaining | ||||||
23 | necessary records of lot ownership, transfers, and burials. | ||||||
24 | "Cemetery" means any land or structure in this State | ||||||
25 | dedicated to and used, or intended to be used, for the | ||||||
26 | interment, inurnment, or entombment of human remains. |
| |||||||
| |||||||
1 | "Cemetery authority" means any individual or legal entity | ||||||
2 | that owns or controls cemetery lands or property. | ||||||
3 | "Cemetery manager" means an individual directly | ||||||
4 | responsible or holding himself or herself directly responsible | ||||||
5 | for the operation, maintenance, development, or improvement of | ||||||
6 | a cemetery that is or shall be licensed under this Act or shall | ||||||
7 | be licensed pursuant to Section 10-39 of this Act , | ||||||
8 | irrespective of whether the individual is paid by the licensed | ||||||
9 | cemetery authority or a third party. This definition does not | ||||||
10 | include a volunteer who receives no compensation, either | ||||||
11 | directly or indirectly, for his or her work as a cemetery | ||||||
12 | manager. | ||||||
13 | "Cemetery merchandise" means items of personal property | ||||||
14 | normally sold by a cemetery authority not covered under the | ||||||
15 | Illinois Funeral or Burial Funds Act, including, but not | ||||||
16 | limited to: (1) memorials, (2) markers, (3) monuments, (4) | ||||||
17 | foundations and installations, and (5) outer burial | ||||||
18 | containers. | ||||||
19 | "Cemetery operation" means to engage in any or all of the | ||||||
20 | following, whether on behalf of, or in the absence of, a | ||||||
21 | cemetery authority: (i) the interment, entombment, or | ||||||
22 | inurnment of human remains, (ii) the sale of interment, | ||||||
23 | entombment, or inurnment rights, cemetery merchandise, or | ||||||
24 | cemetery services, (iii) the maintenance of interment rights | ||||||
25 | ownership records, (iv) the maintenance of or reporting of | ||||||
26 | interment, entombment, or inurnment records, (v) the |
| |||||||
| |||||||
1 | maintenance of cemetery property, (vi) the development or | ||||||
2 | improvement of cemetery grounds, or (vii) the maintenance and | ||||||
3 | execution of business documents, including State and federal | ||||||
4 | government reporting and the payment of taxes, for a cemetery | ||||||
5 | business entity. | ||||||
6 | "Cemetery Oversight Database" means a database certified | ||||||
7 | by the Department as effective in tracking the interment, | ||||||
8 | entombment, or inurnment of human remains.
| ||||||
9 | "Cemetery services" means those services customarily | ||||||
10 | performed by cemetery personnel in connection with the | ||||||
11 | interment, entombment, or inurnment of a dead human body. | ||||||
12 | "Certificate of organization" means the document received | ||||||
13 | by a cemetery association from the Secretary of State that | ||||||
14 | indicates that the cemetery association shall be deemed fully | ||||||
15 | organized as a body corporate under the name adopted and in its | ||||||
16 | corporate name may sue and be sued. | ||||||
17 | "Comptroller" means the Comptroller of the State of | ||||||
18 | Illinois. | ||||||
19 | "Confidential information" means unique identifiers, | ||||||
20 | including a person's Social Security number, home address, | ||||||
21 | home phone number, personal phone number, personal email | ||||||
22 | address, personal financial information, and any other | ||||||
23 | information protected by law. | ||||||
24 | "Consumer" means an individual who purchases or who is | ||||||
25 | considering purchasing cemetery, burial, or cremation products | ||||||
26 | or services from a cemetery authority, whether for themselves |
| |||||||
| |||||||
1 | or for another person. | ||||||
2 | "Customer service employee" means an individual who has | ||||||
3 | direct contact with consumers to explain cemetery merchandise, | ||||||
4 | services, and interment rights and to execute the sale of | ||||||
5 | those items to consumers, whether at the cemetery or an | ||||||
6 | off-site location, irrespective of whether compensation is | ||||||
7 | paid by the cemetery authority or a third party. This | ||||||
8 | definition does not include a volunteer who receives no | ||||||
9 | compensation, either directly or indirectly, for his or her | ||||||
10 | work as a customer service employee. | ||||||
11 | "Department" means the Department of Financial and | ||||||
12 | Professional Regulation. | ||||||
13 | "Email address of record" means the designated email | ||||||
14 | address recorded by the Department in the applicant's | ||||||
15 | application file or the licensee's license file as maintained | ||||||
16 | by the Department's licensure maintenance unit. | ||||||
17 | "Employee" means an individual who works for a cemetery | ||||||
18 | authority where the cemetery authority has the right to | ||||||
19 | control what work is performed and the details of how the work | ||||||
20 | is performed regardless of whether federal or State payroll | ||||||
21 | taxes are withheld. | ||||||
22 | "Entombment right" means the right to place individual | ||||||
23 | human remains or individual cremated human remains in a | ||||||
24 | specific mausoleum crypt or lawn crypt selected by a consumer | ||||||
25 | for use as a final resting place. | ||||||
26 | "Family burying ground" means a cemetery in which no lots, |
| |||||||
| |||||||
1 | crypts, or niches are sold to the public and in which | ||||||
2 | interments, inurnments, and entombments are restricted to the | ||||||
3 | immediate family or a group of individuals related to each | ||||||
4 | other by blood or marriage. | ||||||
5 | "Full exemption" means an exemption granted to a cemetery | ||||||
6 | authority pursuant to subsection (a) of Section 5-20. | ||||||
7 | "Funeral director" means a funeral director as defined by | ||||||
8 | the Funeral Directors and Embalmers Licensing Code. | ||||||
9 | "Grave" means a space of ground in a cemetery used or | ||||||
10 | intended to be used for burial. | ||||||
11 | "Green burial or cremation disposition" means burial or | ||||||
12 | cremation practices that reduce the greenhouse gas emissions, | ||||||
13 | waste, and toxic chemicals ordinarily created in burial or | ||||||
14 | cremation or, in the case of greenhouse gas emissions, | ||||||
15 | mitigate or offset emissions. Such practices include any | ||||||
16 | standards or method for burial or cremation that the | ||||||
17 | Department may name by rule. | ||||||
18 | "Immediate family" means the designated agent of a person | ||||||
19 | or the persons given priority for the disposition of a | ||||||
20 | person's remains under the Disposition of Remains Act and | ||||||
21 | shall include a person's spouse, parents, grandparents, | ||||||
22 | children, grandchildren and siblings. | ||||||
23 | "Individual" means a natural person. | ||||||
24 | "Interment right" means the right to place individual | ||||||
25 | human remains or cremated human remains in a specific | ||||||
26 | underground location selected by a consumer for use as a final |
| |||||||
| |||||||
1 | resting place. | ||||||
2 | "Inurnment right" means the right to place individual | ||||||
3 | cremated human remains in a specific niche selected by the | ||||||
4 | consumer for use as a final resting place. | ||||||
5 | "Lawn crypt" means a permanent underground crypt installed | ||||||
6 | in multiple units for the entombment of human remains. | ||||||
7 | "Licensee" means a person licensed under this Act as a | ||||||
8 | cemetery authority, cemetery manager, or customer service | ||||||
9 | employee. Anyone who holds himself or herself out as a | ||||||
10 | licensee or who is accused of unlicensed practice is | ||||||
11 | considered a licensee for purposes of enforcement, | ||||||
12 | investigation, hearings, and the Illinois Administrative | ||||||
13 | Procedure Act. | ||||||
14 | "Mausoleum crypt" means a grouping of spaces constructed | ||||||
15 | of reinforced concrete or similar material constructed or | ||||||
16 | assembled above the ground for entombing remains. | ||||||
17 | "Niche" means a space in a columbarium or mausoleum used, | ||||||
18 | or intended to be used, for inurnment of cremated human | ||||||
19 | remains. | ||||||
20 | "Partial exemption" means an exemption granted to a | ||||||
21 | cemetery authority pursuant to subsection (b) of Section 5-20. | ||||||
22 | "Parcel identification number" means a unique number | ||||||
23 | assigned by the Cemetery Oversight Database to a grave, plot, | ||||||
24 | crypt, or niche that enables the Department to ascertain the | ||||||
25 | precise location of a decedent's remains interred, entombed, | ||||||
26 | or inurned after the effective date of this Act. |
| |||||||
| |||||||
1 | "Person" means any individual, firm, partnership, | ||||||
2 | association, corporation, limited liability company, trustee, | ||||||
3 | government or political subdivision, or other entity. | ||||||
4 | "Public cemetery" means a cemetery owned, operated, | ||||||
5 | controlled, or managed by the federal government, by any | ||||||
6 | state, county, city, village, incorporated town, township, | ||||||
7 | multi-township, public cemetery district, or other municipal | ||||||
8 | corporation, political subdivision, or instrumentality thereof | ||||||
9 | authorized by law to own, operate, or manage a cemetery. | ||||||
10 | "Religious burying ground" means a cemetery in which no | ||||||
11 | lots, crypts, or niches are sold and in which interments, | ||||||
12 | inurnments, and entombments are restricted to a group of | ||||||
13 | individuals all belonging to a religious order or granted | ||||||
14 | burial rights by special consideration of the religious order. | ||||||
15 | "Religious cemetery" means a cemetery owned, operated, | ||||||
16 | controlled, and managed by any recognized church, religious | ||||||
17 | society, association, or denomination, or by any cemetery | ||||||
18 | authority or any corporation administering, or through which | ||||||
19 | is administered, the temporalities of any recognized church, | ||||||
20 | religious society, association, or denomination. | ||||||
21 | "Secretary" means the Secretary of Financial and | ||||||
22 | Professional Regulation or a person authorized by the | ||||||
23 | Secretary to act in the Secretary's stead . | ||||||
24 | "Term burial" means a right of interment sold to a | ||||||
25 | consumer in which the cemetery authority retains the right to | ||||||
26 | disinter and relocate the remains, subject to the provisions |
| |||||||
| |||||||
1 | of subsection (d) of Section 35-15 of this Act. | ||||||
2 | "Trustee" means any person authorized to hold funds under | ||||||
3 | this Act. | ||||||
4 | "Unique personal identifier" means the parcel | ||||||
5 | identification number in addition to the term of burial in | ||||||
6 | years; the numbered level or depth in the grave, plot, crypt, | ||||||
7 | or niche; and the year of death for human remains interred, | ||||||
8 | entombed, or inurned after the effective date of this Act. The | ||||||
9 | unique personal identifier is assigned by the Cemetery | ||||||
10 | Oversight Database.
| ||||||
11 | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .)
| ||||||
12 | (225 ILCS 411/5-16 new) | ||||||
13 | Sec. 5-16. Address of record; email address of record. All | ||||||
14 | applicants and licensees shall: | ||||||
15 | (1) provide a valid address and email address to the | ||||||
16 | Department, which shall serve as the address of record and | ||||||
17 | email address of record, respectively, at the time of | ||||||
18 | application for licensure or renewal of a license; and | ||||||
19 | (2) inform the Department of any change of address of | ||||||
20 | record or email address of record within 14 days after | ||||||
21 | such change either through the Department's website or by | ||||||
22 | contacting the Department's licensure maintenance unit.
| ||||||
23 | (225 ILCS 411/5-20) | ||||||
24 | (Section scheduled to be repealed on January 1, 2022)
|
| |||||||
| |||||||
1 | Sec. 5-20. Exemptions.
| ||||||
2 | (a) Full exemption. Except as provided in this subsection, | ||||||
3 | this Act does not apply to (1) any cemetery authority | ||||||
4 | operating as a family burying ground or religious burying | ||||||
5 | ground, (2) any cemetery authority that has not engaged in an | ||||||
6 | interment, inurnment, or entombment of human remains within | ||||||
7 | the last 10 years, or (3) any cemetery authority that is less | ||||||
8 | than 3 acres. For purposes of determining the applicability of | ||||||
9 | this subsection, the number of interments, inurnments, and | ||||||
10 | entombments shall be aggregated for each calendar year. A | ||||||
11 | cemetery authority claiming a full exemption shall apply for | ||||||
12 | exempt status as provided for in Section 10-20 of this Act. A | ||||||
13 | cemetery authority claiming a full exemption shall be subject | ||||||
14 | to Sections 10-40, 10-55, and 10-60 of this Act. A cemetery | ||||||
15 | authority that performs activities that would disqualify it | ||||||
16 | from a full exemption is required to apply for licensure | ||||||
17 | within one year following the date on which its activities | ||||||
18 | would disqualify it for a full exemption. A cemetery authority | ||||||
19 | that previously qualified for and maintained a full exemption | ||||||
20 | that fails to timely apply for licensure shall be deemed to | ||||||
21 | have engaged in unlicensed practice and shall be subject to | ||||||
22 | discipline in accordance with Article 25 of this Act. | ||||||
23 | (b) Partial exemption. If a cemetery authority does not | ||||||
24 | qualify for a full exemption and (1) engages in 25 or fewer | ||||||
25 | interments, inurnments, or entombments of human remains for | ||||||
26 | each of the preceding 2 calendar years, (2) operates as a |
| |||||||
| |||||||
1 | public cemetery, or (3) operates as a religious cemetery, then | ||||||
2 | the cemetery authority is partially exempt from this Act but | ||||||
3 | shall be required to comply with Sections 10-23, 10-40, 10-55, | ||||||
4 | 10-60, subsections (a), (b), (b-5), (c), (d), (f), (g), and | ||||||
5 | (h) of Section 20-5, Sections 20-6, 20-8, 20-10, 20-12, 20-30, | ||||||
6 | 20-35, 20-40, 25-3, and 25-120, and Article 35 of this Act. | ||||||
7 | Cemetery authorities claiming a partial exemption shall apply | ||||||
8 | for the partial exemption as provided in Section 10-20 of this | ||||||
9 | Act. A cemetery authority that changes to a status that would | ||||||
10 | disqualify it from a partial exemption is required to apply | ||||||
11 | for licensure within one year following the date on which it | ||||||
12 | changes its status. A cemetery authority that maintains a | ||||||
13 | partial exemption that fails to timely apply for licensure | ||||||
14 | shall be deemed to have engaged in unlicensed practice and | ||||||
15 | shall be subject to discipline in accordance with Article 25 | ||||||
16 | of this Act.
| ||||||
17 | (c) Nothing in this Act applies to the City of Chicago in | ||||||
18 | its exercise of its powers under the O'Hare Modernization Act | ||||||
19 | or limits the authority of the City of Chicago to acquire | ||||||
20 | property or otherwise exercise its powers under the O'Hare | ||||||
21 | Modernization Act, or requires the City of Chicago, or any | ||||||
22 | person acting on behalf of the City of Chicago, to comply with | ||||||
23 | the licensing, regulation, or investigation , or mediation | ||||||
24 | requirements of this Act in exercising its powers under the | ||||||
25 | O'Hare Modernization Act.
| ||||||
26 | (d) A cemetery manager and customer service employee |
| |||||||
| |||||||
1 | license may be in active status only during the period that | ||||||
2 | such a licensee is employed by a cemetery authority that is | ||||||
3 | licensed under this Act. In the event that a cemetery manager | ||||||
4 | or customer service employee commences work for a cemetery | ||||||
5 | granted an exemption under this Section, it shall be a duty of | ||||||
6 | both the cemetery authority and the individual licensee to | ||||||
7 | immediately notify the Department so that the license may be | ||||||
8 | placed on inactive status. During the period that a license is | ||||||
9 | in inactive status, the involved person may not hold himself | ||||||
10 | or herself out as licensed. Upon returning to employment by a | ||||||
11 | cemetery licensed under this Act, such a cemetery manager or | ||||||
12 | customer service employee may reinstate the license to active | ||||||
13 | status simply by notifying the Department and paying the | ||||||
14 | applicable fee. | ||||||
15 | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .)
| ||||||
16 | (225 ILCS 411/5-25) | ||||||
17 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
18 | Sec. 5-25. Powers and duties of the Department. The | ||||||
19 | Department shall, subject Subject to the provisions of this | ||||||
20 | Act, the Department may exercise the following functions, | ||||||
21 | powers , and duties : | ||||||
22 | (1) Authorize certification programs to ascertain the | ||||||
23 | qualifications and fitness of applicants for licensing as | ||||||
24 | a licensed cemetery manager or as a customer service | ||||||
25 | employee to ascertain whether they possess the requisite |
| |||||||
| |||||||
1 | level of knowledge for such position. | ||||||
2 | (2) Examine a licensed cemetery authority's records | ||||||
3 | from any year or any other aspects of cemetery operation | ||||||
4 | as the Department deems appropriate. | ||||||
5 | (3) Investigate any and all cemetery operations. | ||||||
6 | (4) Conduct hearings on proceedings to refuse to | ||||||
7 | issue , or renew , or restore licenses or to revoke, | ||||||
8 | suspend, place on probation, or reprimand , or otherwise | ||||||
9 | discipline a licensee license under this Act or take other | ||||||
10 | non-disciplinary action . | ||||||
11 | (5) Adopt reasonable rules required for the | ||||||
12 | administration of this Act. | ||||||
13 | (6) Prescribe forms to be issued for the | ||||||
14 | administration and enforcement of this Act. | ||||||
15 | (7) (Blank). Maintain rosters of the names and | ||||||
16 | addresses of all licensees and all persons whose licenses | ||||||
17 | have been suspended, revoked, denied renewal, or otherwise | ||||||
18 | disciplined within the previous calendar year. These | ||||||
19 | rosters shall be available upon written request and | ||||||
20 | payment of the required fee as established by rule. | ||||||
21 | (8) Work with the Office of the Comptroller and the | ||||||
22 | Department of Public Health, Division of Vital Records to | ||||||
23 | exchange information and request additional information | ||||||
24 | relating to a licensed cemetery authority. | ||||||
25 | (9) Investigate cemetery contracts, grounds, or | ||||||
26 | employee records. |
| |||||||
| |||||||
1 | (10) Issue licenses to those who meet the requirements | ||||||
2 | of this Act. | ||||||
3 | (11) Conduct investigations related to possible | ||||||
4 | violations of this Act. | ||||||
5 | If the Department exercises its authority to conduct | ||||||
6 | investigations under this Section, the Department shall | ||||||
7 | provide the cemetery authority with information sufficient to | ||||||
8 | challenge the allegation. If the complainant consents, then | ||||||
9 | the Department shall provide the cemetery authority with the | ||||||
10 | identity of and contact information for the complainant so as | ||||||
11 | to allow the cemetery authority and the complainant to resolve | ||||||
12 | the complaint directly. Except as otherwise provided in this | ||||||
13 | Act, any complaint received by the Department and any | ||||||
14 | information collected to investigate the complaint shall be | ||||||
15 | maintained by the Department for the confidential use of the | ||||||
16 | Department and shall not be disclosed. The Department may not | ||||||
17 | disclose the information to anyone other than law enforcement | ||||||
18 | officials or other regulatory agencies or persons that have an | ||||||
19 | appropriate regulatory interest, as determined by the | ||||||
20 | Secretary, or to a party presenting a lawful subpoena to the | ||||||
21 | Department. Information and documents disclosed to a federal, | ||||||
22 | state, county, or local law enforcement agency shall not be | ||||||
23 | disclosed by the agency for any purpose to any other agency or | ||||||
24 | person. A formal complaint filed against a licensee by the | ||||||
25 | Department or any order issued by the Department against a | ||||||
26 | licensee or applicant shall be a public record, except as |
| |||||||
| |||||||
1 | otherwise prohibited by law.
| ||||||
2 | (Source: P.A. 99-78, eff. 7-20-15 .)
| ||||||
3 | (225 ILCS 411/5-26 new) | ||||||
4 | Sec. 5-26. Confidentiality. All information collected by | ||||||
5 | the Department in the course of an examination or | ||||||
6 | investigation of a licensee or applicant, including, but not | ||||||
7 | limited to, any complaint against a licensee filed with the | ||||||
8 | Department and information collected to investigate any such | ||||||
9 | complaint, shall be maintained for the confidential use of the | ||||||
10 | Department and shall not be disclosed. The Department may not | ||||||
11 | disclose the information to anyone other than law enforcement | ||||||
12 | officials, other regulatory agencies that have an appropriate | ||||||
13 | regulatory interest as determined by the Secretary, or a party | ||||||
14 | presenting a lawful subpoena to the Department. Information | ||||||
15 | and documents disclosed to a federal, State, county, or local | ||||||
16 | law enforcement agency shall not be disclosed by the agency | ||||||
17 | for any purpose to any other agency or person. A formal | ||||||
18 | complaint filed against a licensee by the Department or any | ||||||
19 | order issued by the Department against a licensee or applicant | ||||||
20 | shall be a public record, except as otherwise prohibited by | ||||||
21 | law.
| ||||||
22 | (225 ILCS 411/10-20) | ||||||
23 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
24 | Sec. 10-20. Application for original license or exemption. |
| |||||||
| |||||||
1 | (a) Applications for original licensure as a cemetery | ||||||
2 | authority, cemetery manager, or customer service employee | ||||||
3 | authorized by this Act, or application for exemption from | ||||||
4 | licensure as a cemetery authority, shall be made to the | ||||||
5 | Department in writing on forms or electronically as prescribed | ||||||
6 | by the Department, which shall include the applicant's Social | ||||||
7 | Security number or FEIN number, or both, and shall be | ||||||
8 | accompanied by the required fee that shall not be refundable. | ||||||
9 | as set by Section 10-55 of this Act and further refined by | ||||||
10 | rule. Applications for partial or full exemption from | ||||||
11 | licensure as a cemetery authority shall be submitted to the | ||||||
12 | Department within 6 months after the Department adopts rules | ||||||
13 | under this Act. If the person fails to submit the application | ||||||
14 | for partial or full exemption within this period, the person | ||||||
15 | shall be subject to discipline in accordance with Article 25 | ||||||
16 | of this Act. The process for renewing a full or partial | ||||||
17 | exemption shall be set by rule. If a cemetery authority seeks | ||||||
18 | to practice at more than one location, it shall meet all | ||||||
19 | licensure requirements at each location as required by this | ||||||
20 | Act and by rule, including submission of an application and | ||||||
21 | fee. All applications shall contain information that, in the | ||||||
22 | judgment of the Department, will enable the Department to pass | ||||||
23 | on the qualifications of the applicant for a license under | ||||||
24 | this Act. | ||||||
25 | (b) (Blank). | ||||||
26 | (c) After initial licensure, if any person comes to obtain |
| |||||||
| |||||||
1 | at least 51% of the ownership over the licensed cemetery | ||||||
2 | authority, then the cemetery authority shall have to apply for | ||||||
3 | a new license and receive licensure in the required time as set | ||||||
4 | by rule. The current license remains in effect until the | ||||||
5 | Department takes action on the application for a new license. | ||||||
6 | (d) (Blank). All applications shall contain the | ||||||
7 | information that, in the judgment of the Department, will | ||||||
8 | enable the Department to pass on the qualifications of the | ||||||
9 | applicant for an exemption from licensure or for a license to | ||||||
10 | practice as a cemetery authority, cemetery manager, or | ||||||
11 | customer service employee as set by rule.
| ||||||
12 | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .)
| ||||||
13 | (225 ILCS 411/10-21) | ||||||
14 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
15 | Sec. 10-21. Qualifications for licensure. | ||||||
16 | (a) A cemetery authority shall apply for licensure on | ||||||
17 | forms prescribed by the Department and pay the required fee. | ||||||
18 | An applicant is qualified for licensure as a cemetery | ||||||
19 | authority if the applicant meets all of the following | ||||||
20 | qualifications: | ||||||
21 | (1) The applicant has not committed any act or offense | ||||||
22 | in any jurisdiction that would constitute the basis for | ||||||
23 | discipline under this Act. When considering such license, | ||||||
24 | the Department shall take into consideration the | ||||||
25 | following: |
| |||||||
| |||||||
1 | (A) the applicant's record of compliance with the | ||||||
2 | Code of Professional Conduct and Ethics, and whether | ||||||
3 | the applicant has been found to have engaged in any | ||||||
4 | unethical or dishonest practices in the cemetery | ||||||
5 | business; | ||||||
6 | (B) whether the applicant has been adjudicated, | ||||||
7 | civilly or criminally, to have committed fraud or to | ||||||
8 | have violated any law of any state involving unfair | ||||||
9 | trade or business practices, has been convicted of a | ||||||
10 | misdemeanor of which fraud is an essential element or | ||||||
11 | which involves any aspect of the cemetery business, or | ||||||
12 | has been convicted of any felony; | ||||||
13 | (C) whether the applicant has willfully violated | ||||||
14 | any provision of this Act or a predecessor law or any | ||||||
15 | regulations relating thereto; | ||||||
16 | (D) whether the applicant has been permanently or | ||||||
17 | temporarily suspended, enjoined, or barred by any | ||||||
18 | court of competent jurisdiction in any state from | ||||||
19 | engaging in or continuing any conduct or practice | ||||||
20 | involving any aspect of the cemetery or funeral | ||||||
21 | business; and | ||||||
22 | (E) whether the applicant has ever had any license | ||||||
23 | to practice any profession or occupation suspended, | ||||||
24 | denied, fined, or otherwise acted against or | ||||||
25 | disciplined by the applicable licensing authority. | ||||||
26 | If the applicant is a corporation, limited liability |
| |||||||
| |||||||
1 | company, partnership, or other entity permitted by law, | ||||||
2 | then the Department shall determine whether each | ||||||
3 | principal, owner, member, officer, and shareholder holding | ||||||
4 | 25% or more of corporate stock has met the requirements of | ||||||
5 | this item (1) of subsection (a) of this Section. | ||||||
6 | (2) The applicant must provide a statement of its | ||||||
7 | assets and liabilities to the Department. | ||||||
8 | (3) The applicant has not, within the preceding 10 | ||||||
9 | years, been convicted of or entered a plea of guilty or | ||||||
10 | nolo contendere to (i) a Class X felony or (ii) a felony, | ||||||
11 | an essential element of which was fraud or dishonesty | ||||||
12 | under the laws of this State, another state, the United | ||||||
13 | States, or a foreign jurisdiction that is directly related | ||||||
14 | to the practice of cemetery operations . If the applicant | ||||||
15 | is a corporation, limited liability company, partnership, | ||||||
16 | or other entity permitted by law, then each principal, | ||||||
17 | owner, member, officer, and shareholder holding 25% or | ||||||
18 | more of corporate stock has not, within the preceding 10 | ||||||
19 | years, been convicted of or entered a plea of guilty or | ||||||
20 | nolo contendere to (i) a Class X felony or (ii) a felony, | ||||||
21 | an essential element of which was fraud or dishonesty | ||||||
22 | under the laws of this State, another state, the United | ||||||
23 | States, or a foreign jurisdiction that is directly related | ||||||
24 | to the practice of cemetery operations . | ||||||
25 | (4) The applicant shall authorize the Department to | ||||||
26 | conduct a criminal background check that does not involve |
| |||||||
| |||||||
1 | fingerprinting. | ||||||
2 | (5) In the case of a person or entity applying for | ||||||
3 | renewal of his, her, or its license, the applicant has | ||||||
4 | complied with all other requirements of this Act and the | ||||||
5 | rules adopted for the implementation of this Act. | ||||||
6 | (b) The cemetery manager and customer service employees of | ||||||
7 | a licensed cemetery authority shall apply for licensure as a | ||||||
8 | cemetery manager or customer service employee on forms | ||||||
9 | prescribed by the Department and pay the required fee. A | ||||||
10 | person is qualified for licensure as a cemetery manager or | ||||||
11 | customer service employee if he or she meets all of the | ||||||
12 | following requirements: | ||||||
13 | (1) Is at least 18 years of age. | ||||||
14 | (2) Has acted in an ethical manner as set forth in | ||||||
15 | Section 10-23 of this Act. In determining qualifications | ||||||
16 | of licensure, the Department shall take into consideration | ||||||
17 | the factors outlined in item (1) of subsection (a) of this | ||||||
18 | Section. | ||||||
19 | (3) Submits proof of successful completion of a high | ||||||
20 | school education or its equivalent as established by rule. | ||||||
21 | (4) The applicant shall authorize the Department to | ||||||
22 | conduct a criminal background check that does not involve | ||||||
23 | fingerprinting. | ||||||
24 | (5) Has not committed a violation of this Act or any | ||||||
25 | rules adopted under this Act that, in the opinion of the | ||||||
26 | Department, renders the applicant unqualified to be a |
| |||||||
| |||||||
1 | cemetery manager. | ||||||
2 | (6) Submits proof of successful completion of a | ||||||
3 | certification course recognized by the Department for a | ||||||
4 | cemetery manager or customer service employee, whichever | ||||||
5 | the case may be. | ||||||
6 | (7) Has not, within the preceding 10 years, been | ||||||
7 | convicted of or entered a plea of guilty or nolo | ||||||
8 | contendere to (i) a Class X felony or (ii) a felony, an | ||||||
9 | essential element of which was fraud or dishonesty under | ||||||
10 | the laws of this State, another state, the United States, | ||||||
11 | or a foreign jurisdiction that is directly related to the | ||||||
12 | practice of cemetery operations . | ||||||
13 | (8) (Blank). | ||||||
14 | (9) In the case of a person applying for renewal of his | ||||||
15 | or her license, has complied with all other requirements | ||||||
16 | of this Act and the rules adopted for implementation of | ||||||
17 | this Act. | ||||||
18 | (c) Each applicant for a cemetery authority, cemetery | ||||||
19 | manager, or customer service employee license shall authorize | ||||||
20 | the Department to conduct a criminal background check that | ||||||
21 | does not involve fingerprinting. The Department must, in turn, | ||||||
22 | conduct the criminal background check on each applicant. The | ||||||
23 | Department shall adopt rules to implement this subsection (c), | ||||||
24 | but in no event shall the Department impose a fee upon the | ||||||
25 | applicant for the background check.
| ||||||
26 | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .)
|
| |||||||
| |||||||
1 | (225 ILCS 411/10-25) | ||||||
2 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
3 | Sec. 10-25. Certification. | ||||||
4 | (a) The Department shall authorize certification programs | ||||||
5 | for cemetery manager and customer service employee applicants. | ||||||
6 | The certification programs must consist of education and | ||||||
7 | training in cemetery ethics, cemetery law, and cemetery | ||||||
8 | practices. Cemetery ethics shall include, without limitation, | ||||||
9 | the Code of Professional Conduct and Ethics as set forth in | ||||||
10 | Section 10-23 of this Act. Cemetery law shall include, without | ||||||
11 | limitation, the Cemetery Oversight Act, the Cemetery Care Act, | ||||||
12 | the Disposition of Remains Act, and the Cemetery Protection | ||||||
13 | Act. Cemetery practices shall include, without limitation, | ||||||
14 | treating the dead and their family members with dignity and | ||||||
15 | respect. The certification program shall include an | ||||||
16 | examination administered by the entity providing the | ||||||
17 | certification. | ||||||
18 | (a-5) An entity seeking to offer a certification program | ||||||
19 | to cemetery manager applicants and customer service employee | ||||||
20 | applicants must receive approval of its program from the | ||||||
21 | Department in a manner and form prescribed by the Department | ||||||
22 | by rule. As part of this process, the entity must submit to the | ||||||
23 | Department the examination it offers or intends to offer as | ||||||
24 | part of its certification program. | ||||||
25 | (a-10) A cemetery manager applicant or customer service |
| |||||||
| |||||||
1 | employee applicant may choose any entity that has been | ||||||
2 | approved by the Department from which to obtain certification. | ||||||
3 | (b) Cemetery manager applicants and customer service | ||||||
4 | employee applicants shall pay the fee for the certification | ||||||
5 | program directly to the entity offering the program. | ||||||
6 | (c) If the cemetery manager applicant or customer service | ||||||
7 | employee applicant neglects, fails, or refuses to become | ||||||
8 | certified within one year after filing an application, then | ||||||
9 | the application shall be denied. However, the applicant may | ||||||
10 | thereafter submit a new application accompanied by the | ||||||
11 | required fee. The applicant shall meet the requirements in | ||||||
12 | force at the time of making the new application. | ||||||
13 | (d) A cemetery manager applicant or customer service | ||||||
14 | employee applicant who has completed a certification program | ||||||
15 | offered by an entity that has not received the Department's | ||||||
16 | approval as required by this Section has not met the | ||||||
17 | qualifications for licensure as set forth in Section 10-21 of | ||||||
18 | this Act. | ||||||
19 | (e) The Department may approve shall recognize any | ||||||
20 | certification program that is conducted by a death care trade | ||||||
21 | association in Illinois that has been in existence for more | ||||||
22 | than 5 years that, in the determination of the Department, | ||||||
23 | provides adequate education and training in cemetery law, | ||||||
24 | cemetery ethics, and cemetery practices and administers an | ||||||
25 | examination covering the same. | ||||||
26 | (f) The Department may, without a hearing, summarily |
| |||||||
| |||||||
1 | withdraw its approval of a certification program that, in the | ||||||
2 | judgment of the Department, fails to meet the requirements of | ||||||
3 | this Act or the rules adopted under this Act. A certification | ||||||
4 | program that has had its approval withdrawn by the Department | ||||||
5 | may reapply for approval, but shall provide such additional | ||||||
6 | information as may be required by the Department, including, | ||||||
7 | but not limited to, evidence to the Department's satisfaction | ||||||
8 | that the program is in compliance with this Act and the rules | ||||||
9 | adopted under this Act.
| ||||||
10 | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .)
| ||||||
11 | (225 ILCS 411/10-40) | ||||||
12 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
13 | Sec. 10-40. Renewal, reinstatement, or restoration of | ||||||
14 | license Expiration and renewal of license . | ||||||
15 | (a) The expiration date and renewal period for each | ||||||
16 | license issued under this Act shall be set by rule. The holder | ||||||
17 | of a license may renew such license during the month preceding | ||||||
18 | the expiration date thereof by paying the required fee. | ||||||
19 | (b) A licensee under this Act who has permitted his or her | ||||||
20 | license to expire or has had his or her license placed on | ||||||
21 | inactive status may have his or her license restored by making | ||||||
22 | application to the Department and filing proof acceptable to | ||||||
23 | the Department of his or her fitness of having his or her | ||||||
24 | license restored, including, but not limited to, sworn | ||||||
25 | evidence certifying to active practice in another jurisdiction |
| |||||||
| |||||||
1 | satisfactory to the Department, and by paying the required fee | ||||||
2 | as determined by rule. Every cemetery authority, cemetery | ||||||
3 | manager, and customer service employee license shall expire | ||||||
4 | every 2 years. Every registration as a fully exempt cemetery | ||||||
5 | authority or partially exempt cemetery authority shall expire | ||||||
6 | every 4 years. The expiration date, renewal period, and other | ||||||
7 | requirements for each license and registration shall be | ||||||
8 | further refined by rule.
| ||||||
9 | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .)
| ||||||
10 | (225 ILCS 411/10-55) | ||||||
11 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
12 | Sec. 10-55. Fees. | ||||||
13 | (a) Except as provided in this Section, the fees for the | ||||||
14 | administration and enforcement of this Act shall be set by the | ||||||
15 | Department by rule. The fees shall be reasonable and shall not | ||||||
16 | be refundable. | ||||||
17 | (b) Cemetery manager applicants and customer service | ||||||
18 | employee applicants shall pay any certification program or | ||||||
19 | continuing education program fee directly to the entity | ||||||
20 | offering the program. | ||||||
21 | (c) The Department may waive fees based upon hardship. | ||||||
22 | (d) Nothing shall prohibit a cemetery authority from | ||||||
23 | paying, on behalf of its cemetery managers or customer service | ||||||
24 | employees, their application, renewal, or restoration fees. | ||||||
25 | (e) All fees and other moneys collected under this Act |
| |||||||
| |||||||
1 | shall be deposited in the Cemetery Oversight Licensing and | ||||||
2 | Disciplinary Fund.
| ||||||
3 | (f) The fee for application as a cemetery authority | ||||||
4 | seeking a full exemption is $0. | ||||||
5 | (g) The fee to renew registration as a fully exempt | ||||||
6 | cemetery authority is $0. As provided in Section 10-40 of this | ||||||
7 | Act and as further refined by rule, each registration as a | ||||||
8 | fully exempt cemetery authority shall expire every 4 years. | ||||||
9 | (h) The fee for application as a cemetery authority | ||||||
10 | seeking a partial exemption is $150. | ||||||
11 | (i) The fee to renew registration as a partially exempt | ||||||
12 | cemetery authority is $150. As provided in Section 10-40 of | ||||||
13 | this Act and as further refined by rule, each registration as a | ||||||
14 | partially exempt cemetery authority shall expire every 4 | ||||||
15 | years. | ||||||
16 | (j) The fee for original licensure, renewal, and | ||||||
17 | restoration as a cemetery authority not seeking a full or | ||||||
18 | partial exemption is $75. As provided in Section 10-40 of this | ||||||
19 | Act and as further refined by rule, each cemetery authority | ||||||
20 | license shall expire every 2 years. | ||||||
21 | (k) The fee for original licensure, renewal, and | ||||||
22 | restoration as a cemetery manager is $25. As provided in | ||||||
23 | Section 10-40 of this Act and as further refined by rule, each | ||||||
24 | cemetery manager license shall expire every 2 years. | ||||||
25 | (l) The fee for original licensure, renewal, and | ||||||
26 | restoration as a customer service employee is $25. As provided |
| |||||||
| |||||||
1 | in Section 10-40 of this Act and as further refined by rule, | ||||||
2 | each customer service employee license shall expire every 2 | ||||||
3 | years. | ||||||
4 | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .)
| ||||||
5 | (225 ILCS 411/20-10) | ||||||
6 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
7 | Sec. 20-10. Contract. At the time cemetery arrangements | ||||||
8 | are made and prior to rendering the cemetery services, a | ||||||
9 | cemetery authority shall create a completed written contract | ||||||
10 | to be provided to the consumer, signed by both parties by their | ||||||
11 | actual written signatures on either paper or electronic form , | ||||||
12 | that shall contain: (i) the date on which the arrangements | ||||||
13 | were made; (ii) the price of the service selected and the | ||||||
14 | services and merchandise included for that price; (iii) the | ||||||
15 | supplemental items of service and merchandise requested and | ||||||
16 | the price of each item; (iv) the terms or method of payment | ||||||
17 | agreed upon; and (v) a statement as to any monetary advances | ||||||
18 | made on behalf of the family. The cemetery authority shall | ||||||
19 | maintain a copy of such written contract in its permanent | ||||||
20 | records.
| ||||||
21 | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .)
| ||||||
22 | (225 ILCS 411/25-3) | ||||||
23 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
24 | Sec. 25-3. Exemption , investigation, mediation . All |
| |||||||
| |||||||
1 | cemetery authorities maintaining a partial exemption must | ||||||
2 | submit to the following investigation and mediation procedure | ||||||
3 | by the Department in the event of a consumer complaint: | ||||||
4 | (a) Complaints to cemetery: | ||||||
5 | (1) the cemetery authority shall make every effort | ||||||
6 | to first resolve a consumer complaint; and
| ||||||
7 | (2) if the complaint is not resolved, then the | ||||||
8 | cemetery authority shall advise the consumer of his or | ||||||
9 | her right to file a complaint with seek investigation | ||||||
10 | and mediation by the Department. | ||||||
11 | (b) Complaints to the Department: | ||||||
12 | (1) if the Department receives a complaint, the | ||||||
13 | Department shall make an initial determination as to | ||||||
14 | whether the complaint has a reasonable basis and | ||||||
15 | pertains to this Act;
| ||||||
16 | (2) if the Department determines that the | ||||||
17 | complaint has a reasonable basis and pertains to this | ||||||
18 | Act, it shall inform the cemetery authority of the | ||||||
19 | complaint and give it 30 days to tender a response;
| ||||||
20 | (3) upon receiving the cemetery authority's | ||||||
21 | response, or after the 30 days provided in subsection | ||||||
22 | (2) of this subsection, whichever comes first, the | ||||||
23 | Department shall attempt to resolve the complaint | ||||||
24 | telephonically with the parties involved;
| ||||||
25 | (4) if the complaint still is not resolved, then | ||||||
26 | the Department shall conduct an investigation and |
| |||||||
| |||||||
1 | mediate the complaint as provided for by rule;
| ||||||
2 | (5) if the Department conducts an on-site | ||||||
3 | investigation and face-to-face mediation with the | ||||||
4 | parties, then it may charge the cemetery authority a | ||||||
5 | single investigation and mediation fee, which fee | ||||||
6 | shall be set by rule and shall be calculated on an | ||||||
7 | hourly basis; and
| ||||||
8 | (6) if all attempts to resolve the consumer | ||||||
9 | complaint as provided for in paragraphs (1) through | ||||||
10 | (5) fail, then the cemetery authority may be subject | ||||||
11 | to proceedings for penalties and discipline under this | ||||||
12 | Article when it is determined by the Department that | ||||||
13 | the cemetery authority may have engaged in any of the | ||||||
14 | following: (i) gross malpractice; (ii) dishonorable, | ||||||
15 | unethical, or unprofessional conduct of a character | ||||||
16 | likely to deceive, defraud, or harm the public; (iii) | ||||||
17 | gross, willful, or continued overcharging for | ||||||
18 | services; (iv) incompetence; (v) unjustified failure | ||||||
19 | to honor its contracts; or (vi) failure to adequately | ||||||
20 | maintain its premises. The Department may issue a | ||||||
21 | citation or institute disciplinary action and cause | ||||||
22 | the matter to be prosecuted and may thereafter issue | ||||||
23 | and enforce its final order as provided in this Act.
| ||||||
24 | (Source: P.A. 96-863, eff. 3-1-10 .)
| ||||||
25 | (225 ILCS 411/25-5) |
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
2 | Sec. 25-5. Citations. | ||||||
3 | (a) The Department may adopt rules to permit the issuance | ||||||
4 | of citations for non-frivolous complaints. The citation shall | ||||||
5 | be issued to the licensee and shall contain the licensee's | ||||||
6 | name and address, the licensee's license number, a brief | ||||||
7 | factual statement, the Sections of the law allegedly violated, | ||||||
8 | and the penalty imposed. The citation must clearly state that | ||||||
9 | the licensee may choose, in lieu of accepting the citation, to | ||||||
10 | request a hearing. If the licensee does not dispute the matter | ||||||
11 | in the citation with the Department within 30 days after the | ||||||
12 | citation is served, then the citation shall become a final | ||||||
13 | order and shall constitute discipline. The penalty shall be a | ||||||
14 | fine or other conditions as established by rule. | ||||||
15 | (b) The Department shall adopt rules designating | ||||||
16 | violations for which a citation may be issued. Such rules | ||||||
17 | shall designate as citation violations those violations for | ||||||
18 | which there is no substantial threat to the public health, | ||||||
19 | safety, and welfare. Citations shall not be utilized if there | ||||||
20 | was any significant consumer harm resulting from the | ||||||
21 | violation. | ||||||
22 | (c) A citation must be issued within 6 months after the | ||||||
23 | reporting of a violation that is the basis for the citation. | ||||||
24 | (d) Service of a citation may be made by personal service , | ||||||
25 | regular mail, or email or certified mail to the licensee at the | ||||||
26 | licensee's address of record.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-863, eff. 3-1-10 .)
| ||||||
2 | (225 ILCS 411/25-10) | ||||||
3 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
4 | Sec. 25-10. Grounds for disciplinary action. | ||||||
5 | (a) The Department may refuse to issue or renew a license | ||||||
6 | or may revoke, suspend, place on probation, reprimand, or take | ||||||
7 | other disciplinary or non-disciplinary action as the | ||||||
8 | Department may deem appropriate, including imposing fines not | ||||||
9 | to exceed $10,000 $8,000 for each violation, with regard to | ||||||
10 | any license under this Act, for any one or combination of the | ||||||
11 | following: | ||||||
12 | (1) Material misstatement in furnishing information to | ||||||
13 | the Department. | ||||||
14 | (2) Violations of this Act, except for Section 20-8 , | ||||||
15 | or of the rules adopted under this Act . | ||||||
16 | (3) Conviction of or entry of a plea of guilty or nolo | ||||||
17 | contendere, finding of guilt, jury verdict, or entry of | ||||||
18 | judgment or sentencing, including, but not limited to, | ||||||
19 | convictions, preceding sentences of supervision, | ||||||
20 | conditional discharge, or first offender probation under | ||||||
21 | the law of any jurisdiction of the United States that is | ||||||
22 | (i) a Class X felony or (ii) a felony, an essential element | ||||||
23 | of which is fraud or dishonesty that is directly related | ||||||
24 | to the practice of cemetery operations. Conviction of, or | ||||||
25 | entry of a plea of guilty or nolo contendere to, any crime |
| |||||||
| |||||||
1 | within the last 10 years that is a Class X felony or higher | ||||||
2 | or is a felony involving fraud and dishonesty under the | ||||||
3 | laws of the United States or any state or territory | ||||||
4 | thereof. | ||||||
5 | (4) Fraud or any misrepresentation in applying for or | ||||||
6 | procuring a license under this Act or in connection with | ||||||
7 | applying for renewal. Making any misrepresentation for the | ||||||
8 | purpose of obtaining licensure or violating any provision | ||||||
9 | of this Act or the rules adopted under this Act. | ||||||
10 | (5) Incompetence or misconduct in the practice of | ||||||
11 | cemetery operations. Professional incompetence. | ||||||
12 | (6) Gross malpractice.
| ||||||
13 | (7) Aiding or assisting another person in violating | ||||||
14 | any provision of this Act or rules adopted under this Act. | ||||||
15 | (8) Failing, within 10 business days, to provide | ||||||
16 | information in response to a written request made by the | ||||||
17 | Department.
| ||||||
18 | (9) Engaging in dishonorable, unethical, or | ||||||
19 | unprofessional conduct of a character likely to deceive, | ||||||
20 | defraud, or harm the public. | ||||||
21 | (10) Habitual or excessive use or abuse of drugs | ||||||
22 | defined in law as controlled substances, alcohol, | ||||||
23 | narcotics, stimulants, or any other substances that | ||||||
24 | results in the inability to practice pursuant to the | ||||||
25 | provisions of this Act with reasonable judgment, skill, or | ||||||
26 | safety while acting under the provisions of this Act. |
| |||||||
| |||||||
1 | Inability to practice with reasonable judgment, skill, or | ||||||
2 | safety as a result of habitual or excessive use of | ||||||
3 | alcohol, narcotics, stimulants, or any other chemical | ||||||
4 | agent or drug. | ||||||
5 | (11) Discipline by another agency, state, territory, | ||||||
6 | foreign country, the District of Columbia, the United | ||||||
7 | States government territory , or any other government | ||||||
8 | agency foreign nation , if at least one of the grounds for | ||||||
9 | the discipline is the same or substantially equivalent to | ||||||
10 | those set forth in this Act Section . | ||||||
11 | (12) Directly or indirectly giving to or receiving | ||||||
12 | from any person, firm, corporation, partnership, or | ||||||
13 | association any fee, commission, rebate, or other form of | ||||||
14 | compensation for professional services not actually or | ||||||
15 | personally rendered. | ||||||
16 | (13) A finding by the Department that the licensee, | ||||||
17 | after having his or her license placed on probationary | ||||||
18 | status, has violated the terms of probation or failed to | ||||||
19 | comply with such terms . | ||||||
20 | (14) Willfully making or filing false records or | ||||||
21 | reports in his or her practice, including, but not limited | ||||||
22 | to, false records filed with any governmental agency or | ||||||
23 | department. | ||||||
24 | (15) Inability to practice the profession with | ||||||
25 | reasonable judgment, skill, or safety as a result of | ||||||
26 | physical illness, including, but not limited to, loss of |
| |||||||
| |||||||
1 | motor skill, mental illness, or disability . | ||||||
2 | (16) Failure to comply with an order, decision, or | ||||||
3 | finding of the Department made pursuant to this Act. | ||||||
4 | (17) Directly or indirectly receiving compensation for | ||||||
5 | any professional services not actually performed. | ||||||
6 | (18) Practicing under a false or, except as provided | ||||||
7 | by law, an assumed name.
| ||||||
8 | (19) Using or attempting to use an expired, inactive, | ||||||
9 | suspended, or revoked license or impersonating another | ||||||
10 | licensee. Fraud or misrepresentation in applying for, or | ||||||
11 | procuring, a license under this Act or in connection with | ||||||
12 | applying for renewal of a license under this Act. | ||||||
13 | (20) A finding by the Department that an applicant or | ||||||
14 | licensee has failed to pay a fine imposed by the | ||||||
15 | Department. Cheating on or attempting to subvert the | ||||||
16 | licensing examination administered under this Act. | ||||||
17 | (21) Unjustified failure to honor its contracts.
| ||||||
18 | (22) Negligent supervision of a cemetery manager, | ||||||
19 | customer service employee, employee, or independent | ||||||
20 | contractor.
| ||||||
21 | (23) (Blank). A pattern of practice or other behavior | ||||||
22 | which demonstrates incapacity or incompetence to practice | ||||||
23 | under this Act. | ||||||
24 | (24) (Blank). Allowing an individual who is not, but | ||||||
25 | is required to be, licensed under this Act to perform work | ||||||
26 | for the cemetery authority. |
| |||||||
| |||||||
1 | (25) (Blank). | ||||||
2 | (b) No action may be taken under this Act against a person | ||||||
3 | licensed under this Act for an occurrence or alleged | ||||||
4 | occurrence that predates the enactment of this Act unless the | ||||||
5 | action is commenced within 5 years after the occurrence of the | ||||||
6 | alleged violations, except for a violation of item (3) of | ||||||
7 | subsection (a) of this Section. If a person licensed under | ||||||
8 | this Act violates item (3) of subsection (a) of this Section, | ||||||
9 | then the action may commence within 10 years after the | ||||||
10 | occurrence of the alleged violation. A continuing violation | ||||||
11 | shall be deemed to have occurred on the date when the | ||||||
12 | circumstances last existed that give rise to the alleged | ||||||
13 | violation .
| ||||||
14 | (c) In enforcing this Section, the Department, upon a | ||||||
15 | showing of a possible violation, may order a licensee or | ||||||
16 | applicant to submit to a mental or physical examination, or | ||||||
17 | both, at the expense of the Department. The Department may | ||||||
18 | order the examining physician to present testimony concerning | ||||||
19 | his or her examination of the licensee or applicant. No | ||||||
20 | information shall be excluded by reason of any common law or | ||||||
21 | statutory privilege relating to communications between the | ||||||
22 | licensee or applicant and the examining physician. The | ||||||
23 | examining physicians shall be specifically designated by the | ||||||
24 | Department. The licensee or applicant may have, at his or her | ||||||
25 | own expense, another physician of his or her choice present | ||||||
26 | during all aspects of the examination. Failure of a licensee |
| |||||||
| |||||||
1 | or applicant to submit to any such examination when directed, | ||||||
2 | without reasonable cause, shall be grounds for either | ||||||
3 | immediate suspending of his or her license or immediate denial | ||||||
4 | of his or her application. | ||||||
5 | (1) If the Secretary immediately suspends the license | ||||||
6 | of a licensee for his or her failure to submit to a mental | ||||||
7 | or physical examination when directed, a hearing must be | ||||||
8 | convened by the Department within 15 days after the | ||||||
9 | suspension and completed without appreciable delay. | ||||||
10 | (2) If the Secretary otherwise suspends a license | ||||||
11 | pursuant to the results of the licensee's mental or | ||||||
12 | physical examination, a hearing must be convened by the | ||||||
13 | Department within 15 days after the suspension and | ||||||
14 | completed without appreciable delay. The Department shall | ||||||
15 | have the authority to review the licensee's record of | ||||||
16 | treatment and counseling regarding the relevant impairment | ||||||
17 | or impairments to the extent permitted by applicable | ||||||
18 | federal statutes and regulations safeguarding the | ||||||
19 | confidentiality of medical records. | ||||||
20 | (3) Any licensee suspended under this subsection shall | ||||||
21 | be afforded an opportunity to demonstrate to the | ||||||
22 | Department that he or she can resume practice in | ||||||
23 | compliance with the acceptable and prevailing standards | ||||||
24 | under the provisions of his or her license. | ||||||
25 | (d) The determination by a circuit court that a licensee | ||||||
26 | is subject to involuntary admission or judicial admission, as |
| |||||||
| |||||||
1 | provided in the Mental Health and Developmental Disabilities | ||||||
2 | Code, operates as an automatic suspension. Such suspension may | ||||||
3 | end only upon a finding by a court that the patient is no | ||||||
4 | longer subject to involuntary admission or judicial admission, | ||||||
5 | the issuance of an order so finding and discharging the | ||||||
6 | patient, and the filing of a petition for restoration | ||||||
7 | demonstrating fitness to practice. | ||||||
8 | (e) In cases where the Department of Healthcare and Family | ||||||
9 | Services has previously determined that a licensee or a | ||||||
10 | potential licensee is more than 30 days delinquent in the | ||||||
11 | payment of child support and has subsequently certified the | ||||||
12 | delinquency to the Department, the Department shall refuse to | ||||||
13 | issue or renew or shall revoke or suspend that person's | ||||||
14 | license or shall take other disciplinary action against that | ||||||
15 | person based solely upon the certification of delinquency made | ||||||
16 | by the Department of Healthcare and Family Services under | ||||||
17 | paragraph (5) of subsection (a) of Section 2105-15 of the | ||||||
18 | Department of Professional Regulation Law of the Civil | ||||||
19 | Administrative Code of Illinois. | ||||||
20 | (f) The Department shall refuse to issue or renew or shall | ||||||
21 | revoke or suspend a person's license or shall take other | ||||||
22 | disciplinary action against that person for his or her failure | ||||||
23 | to file a return, to pay the tax, penalty, or interest shown in | ||||||
24 | a filed return, or to pay any final assessment of tax, penalty, | ||||||
25 | or interest as required by any tax Act administered by the | ||||||
26 | Department of Revenue, until the requirements of the tax Act |
| |||||||
| |||||||
1 | are satisfied in accordance with subsection (g) of Section | ||||||
2 | 2105-15 of the Department of Professional Regulation Law of | ||||||
3 | the Civil Administrative Code of Illinois. | ||||||
4 | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .)
| ||||||
5 | (225 ILCS 411/25-15) | ||||||
6 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
7 | Sec. 25-15. Injunction; cease Cease and desist order . | ||||||
8 | (a) If any person or entity violates a provision of this | ||||||
9 | Act, the Secretary may, in the name of the People of the State | ||||||
10 | of Illinois, through the Attorney General of the State of | ||||||
11 | Illinois, petition for an order enjoining such violation or | ||||||
12 | for an order enforcing compliance with this Act. Upon the | ||||||
13 | filing of a verified petition in such court, the court may | ||||||
14 | issue a temporary restraining order, without notice or bond, | ||||||
15 | and may preliminarily and permanently enjoin such violation. | ||||||
16 | If it is established that such person or entity has violated or | ||||||
17 | is violating the injunction, the court may punish the offender | ||||||
18 | for contempt of court. Proceedings under this Section are in | ||||||
19 | addition to, and not in lieu of, all other remedies and | ||||||
20 | penalties provided by this Act. The Secretary may issue an | ||||||
21 | order to cease and desist to any licensee or other person doing | ||||||
22 | business without the required license when, in the opinion of | ||||||
23 | the Secretary, the licensee or other person is violating or is | ||||||
24 | about to violate any provision of this Act or any rule or | ||||||
25 | requirement imposed in writing by the Department. |
| |||||||
| |||||||
1 | (b) Whenever in the opinion of the Department any person | ||||||
2 | or entity violates any provision of this Act, the Department | ||||||
3 | may issue a rule to show cause why an order to cease and desist | ||||||
4 | should not be entered against them. The rule shall clearly set | ||||||
5 | forth the grounds relied upon by the Department and shall | ||||||
6 | provide a period of 7 days from the date of the rule to file an | ||||||
7 | answer to the satisfaction of the Department. Failure to | ||||||
8 | answer to the satisfaction of the Department shall cause an | ||||||
9 | order to cease and desist to be issued immediately. The | ||||||
10 | Secretary may issue an order to cease and desist prior to a | ||||||
11 | hearing and such order shall be in full force and effect until | ||||||
12 | a final administrative order is entered.
| ||||||
13 | (c) The Secretary shall serve notice of his or her action, | ||||||
14 | designated as an order to cease and desist made pursuant to | ||||||
15 | this Section, including a statement of the reasons for the | ||||||
16 | action, either personally or by certified mail, return receipt | ||||||
17 | requested. Service by certified mail shall be deemed completed | ||||||
18 | when the notice is deposited in the United States mail and sent | ||||||
19 | to the address of record or, in the case of unlicensed | ||||||
20 | activity, the address known to the Department. | ||||||
21 | (d) Within 15 days after service of the order to cease and | ||||||
22 | desist, the licensee or other person may request, in writing, | ||||||
23 | a hearing. | ||||||
24 | (e) The Secretary shall schedule a hearing within 30 days | ||||||
25 | after the request for a hearing unless otherwise agreed to by | ||||||
26 | the parties. |
| |||||||
| |||||||
1 | (f) The Secretary shall have the authority to prescribe | ||||||
2 | rules for the administration of this Section. | ||||||
3 | (g) If, after hearing, it is determined that the Secretary | ||||||
4 | has the authority to issue the order to cease and desist, he or | ||||||
5 | she may issue such orders as may be reasonably necessary to | ||||||
6 | correct, eliminate, or remedy such conduct. | ||||||
7 | (h) The powers vested in the Secretary by this Section are | ||||||
8 | additional to any and all other powers and remedies vested in | ||||||
9 | the Secretary by law and nothing in this Section shall be | ||||||
10 | construed as requiring that the Secretary shall employ the | ||||||
11 | power conferred in this Section instead of or as a condition | ||||||
12 | precedent to the exercise of any other power or remedy vested | ||||||
13 | in the Secretary.
| ||||||
14 | (Source: P.A. 96-863, eff. 3-1-10 .)
| ||||||
15 | (225 ILCS 411/25-25) | ||||||
16 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
17 | Sec. 25-25. Investigations, notice, hearings. | ||||||
18 | (a) The Department may investigate the actions of any | ||||||
19 | applicant or of any person or entity holding or claiming to | ||||||
20 | hold a license under this Act. The Department may at any time | ||||||
21 | investigate the actions of any applicant or of any person or | ||||||
22 | persons rendering or offering to render services as a cemetery | ||||||
23 | authority, cemetery manager, or customer service employee of | ||||||
24 | or any person holding or claiming to hold a license as a | ||||||
25 | licensed cemetery authority, cemetery manager, or customer |
| |||||||
| |||||||
1 | service employee. If it appears to the Department that a | ||||||
2 | person has engaged in, is engaging in, or is about to engage in | ||||||
3 | any practice declared to be unlawful by this Act, then the | ||||||
4 | Department may: (1) require that person to file on such terms | ||||||
5 | as the Department prescribes a statement or report in writing, | ||||||
6 | under oath or otherwise, containing all information the | ||||||
7 | Department may consider necessary to ascertain whether a | ||||||
8 | licensee is in compliance with this Act, or whether an | ||||||
9 | unlicensed person is engaging in activities for which a | ||||||
10 | license is required; (2) examine under oath any individual in | ||||||
11 | connection with the books and records pertaining to or having | ||||||
12 | an impact upon the operation of a cemetery; (3) examine any | ||||||
13 | books and records of the licensee that the Department may | ||||||
14 | consider necessary to ascertain compliance with this Act; and | ||||||
15 | (4) require the production of a copy of any record, book, | ||||||
16 | document, account, or paper that is produced in accordance | ||||||
17 | with this Act and retain it in his or her possession until the | ||||||
18 | completion of all proceedings in connection with which it is | ||||||
19 | produced. | ||||||
20 | (b) The Department shall, before disciplining an applicant | ||||||
21 | or licensee, at least 30 days prior to the date set for the | ||||||
22 | hearing: (i) notify, in writing, the accused of the charges | ||||||
23 | made and the time and place for the hearing on the charges, | ||||||
24 | (ii) direct him or her to file a written answer to the charges | ||||||
25 | under oath within 20 days after service of the notice, and | ||||||
26 | (iii) inform the applicant or licensee that failure to file an |
| |||||||
| |||||||
1 | answer will result in a default being entered against the | ||||||
2 | applicant or licensee. The Secretary may, after 10 days notice | ||||||
3 | by certified mail with return receipt requested to the | ||||||
4 | licensee at the address of record or to the last known address | ||||||
5 | of any other person stating the contemplated action and in | ||||||
6 | general the grounds therefor, fine such licensee an amount not | ||||||
7 | exceeding $10,000 per violation or revoke, suspend, refuse to | ||||||
8 | renew, place on probation, or reprimand any license issued | ||||||
9 | under this Act if he or she finds that:
| ||||||
10 | (1) the licensee has failed to comply with any | ||||||
11 | provision of this Act or any order, decision, finding, | ||||||
12 | rule, regulation, or direction of the Secretary lawfully | ||||||
13 | made pursuant to the authority of this Act; or
| ||||||
14 | (2) any fact or condition exists which, if it had | ||||||
15 | existed at the time of the original application for the | ||||||
16 | license, clearly would have warranted the Secretary in | ||||||
17 | refusing to issue the license.
| ||||||
18 | (c) Written or electronic notice, and any notice in the | ||||||
19 | subsequent proceedings, may be served by personal delivery, by | ||||||
20 | email, or by mail to the applicant or licensee at his or her | ||||||
21 | address of record or email address of record. The Secretary | ||||||
22 | may fine, revoke, suspend, refuse to renew, place on | ||||||
23 | probation, reprimand, or take any other disciplinary action as | ||||||
24 | to the particular license with respect to which grounds for | ||||||
25 | the fine, revocation, suspension, refuse to renew, probation, | ||||||
26 | or reprimand, or other disciplinary action occur or exist, but |
| |||||||
| |||||||
1 | if the Secretary finds that grounds for revocation are of | ||||||
2 | general application to all offices or to more than one office | ||||||
3 | of the licensee, the Secretary shall fine, revoke, suspend, | ||||||
4 | refuse to renew, place on probation, reprimand, or otherwise | ||||||
5 | discipline every license to which such grounds apply. | ||||||
6 | (d) At the time and place fixed in the notice, the hearing | ||||||
7 | officer appointed by the Secretary shall proceed to hear the | ||||||
8 | charges and the parties or their counsel shall be accorded | ||||||
9 | ample opportunity to present any statement, testimony, | ||||||
10 | evidence, and argument as may be pertinent to the charges or to | ||||||
11 | their defense. The hearing officer may continue the hearing | ||||||
12 | from time to time. In every case in which a license is revoked, | ||||||
13 | suspended, placed on probation, reprimanded, or otherwise | ||||||
14 | disciplined, the Secretary shall serve the licensee with | ||||||
15 | notice of his or her action, including a statement of the | ||||||
16 | reasons for his or her actions, either personally or by | ||||||
17 | certified mail, return receipt requested. Service by certified | ||||||
18 | mail shall be deemed completed when the notice is deposited in | ||||||
19 | the United States mail and sent to the address of record. | ||||||
20 | (e) In case the licensee or applicant, after receiving the | ||||||
21 | notice, fails to file an answer, his or her license may, in the | ||||||
22 | discretion of the Secretary, be suspended, revoked, or placed | ||||||
23 | on probationary status, or be subject to whatever disciplinary | ||||||
24 | action the Secretary considers proper, including limiting the | ||||||
25 | scope, nature, or extent of the person's practice or | ||||||
26 | imposition of a fine, without hearing, if the act or acts |
| |||||||
| |||||||
1 | charged constitute sufficient grounds for the action under | ||||||
2 | this Act. An order assessing a fine, an order revoking, | ||||||
3 | suspending, placing on probation, or reprimanding a license | ||||||
4 | or, an order denying renewal of a license shall take effect | ||||||
5 | upon service of the order unless the licensee requests, in | ||||||
6 | writing, within 20 days after the date of service, a hearing. | ||||||
7 | In the event a hearing is requested, an order issued under this | ||||||
8 | Section shall be stayed until a final administrative order is | ||||||
9 | entered. | ||||||
10 | (f) If the licensee requests a hearing, then the Secretary | ||||||
11 | shall schedule a hearing within 30 days after the request for a | ||||||
12 | hearing unless otherwise agreed to by the parties. The | ||||||
13 | Secretary shall have the authority to appoint an attorney duly | ||||||
14 | licensed to practice law in the State of Illinois to serve as | ||||||
15 | the hearing officer in any disciplinary action with regard to | ||||||
16 | a license. The hearing officer shall have full authority to | ||||||
17 | conduct the hearing. | ||||||
18 | (g) The hearing shall be held at the time and place | ||||||
19 | designated by the Secretary. | ||||||
20 | (h) The Secretary shall have the authority to prescribe | ||||||
21 | rules for the administration of this Section. | ||||||
22 | (i) Fines imposed and any costs assessed shall be paid | ||||||
23 | within 60 days.
| ||||||
24 | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .)
| ||||||
25 | (225 ILCS 411/25-26 new) |
| |||||||
| |||||||
1 | Sec. 25-26. Hearing officer. Notwithstanding any provision | ||||||
2 | of this Act, the Secretary has the authority to appoint an | ||||||
3 | attorney licensed to practice law in the State of Illinois to | ||||||
4 | serve as the hearing officer in any action for refusal to issue | ||||||
5 | or renew a license or discipline a license. The hearing | ||||||
6 | officer shall have full authority to conduct the hearing. The | ||||||
7 | hearing officer shall report his or her findings of fact, | ||||||
8 | conclusions of law, and recommendations to the Secretary.
| ||||||
9 | (225 ILCS 411/25-30) | ||||||
10 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
11 | Sec. 25-30. Hearing; motion for rehearing Consent order . | ||||||
12 | (a) The hearing officer appointed by the Secretary shall | ||||||
13 | hear evidence in support of the formal charges and evidence | ||||||
14 | produced by the licensee. At the conclusion of the hearing, | ||||||
15 | the hearing officer shall present to the Secretary a written | ||||||
16 | report of his or her findings of fact, conclusions of law, and | ||||||
17 | recommendations. | ||||||
18 | (b) At the conclusion of the hearing, a copy of the hearing | ||||||
19 | officer's report shall be served upon the applicant or | ||||||
20 | licensee, either personally or as provided in this Act for the | ||||||
21 | service of the notice of hearing. Within 20 calendar days | ||||||
22 | after such service, the applicant or licensee may present to | ||||||
23 | the Department a motion, in writing, for a rehearing which | ||||||
24 | shall specify the particular grounds for rehearing. The | ||||||
25 | Department may respond to the motion for rehearing within 20 |
| |||||||
| |||||||
1 | calendar days after its service on the Department. If no | ||||||
2 | motion for rehearing is filed, then upon the expiration of the | ||||||
3 | time specified for filing such a motion, or upon denial of a | ||||||
4 | motion for rehearing, the Secretary may enter an order in | ||||||
5 | accordance with the recommendations of the hearing officer. If | ||||||
6 | the applicant or licensee orders from the reporting service | ||||||
7 | and pays for a transcript of the record within the time for | ||||||
8 | filing a motion for rehearing, the 20 calendar day period | ||||||
9 | within which a motion may be filed shall commence upon | ||||||
10 | delivery of the transcript to the applicant or licensee. | ||||||
11 | (c) If the Secretary disagrees in any regard with the | ||||||
12 | report of the hearing officer, the Secretary may issue an | ||||||
13 | order contrary to the report. | ||||||
14 | (d) Whenever the Secretary is not satisfied that | ||||||
15 | substantial justice has been done, the Secretary may order a | ||||||
16 | hearing by the same or another hearing officer. | ||||||
17 | (e) At any point in any investigation or disciplinary | ||||||
18 | proceeding provided for in this Act, both parties may agree to | ||||||
19 | a negotiated consent order. The consent order shall be final | ||||||
20 | upon signature of the Secretary. | ||||||
21 | At any point in any investigation or disciplinary proceeding | ||||||
22 | provided for in this Act, both parties may agree to a | ||||||
23 | negotiated consent order. The consent order shall be final | ||||||
24 | upon signature of the Secretary.
| ||||||
25 | (Source: P.A. 96-863, eff. 3-1-10 .)
|
| |||||||
| |||||||
1 | (225 ILCS 411/25-35) | ||||||
2 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
3 | Sec. 25-35. Record of proceedings ; transcript . | ||||||
4 | (a) The Department, at its expense, shall provide a | ||||||
5 | certified shorthand reporter to take down the testimony and | ||||||
6 | preserve a record of all proceedings at the hearing of any case | ||||||
7 | in which a licensee may be revoked, suspended, placed on | ||||||
8 | probationary status, reprimanded, fined, or subjected to other | ||||||
9 | disciplinary action with reference to the license when a | ||||||
10 | disciplinary action is authorized under this Act and rules. | ||||||
11 | The notice of hearing, complaint, and all other documents in | ||||||
12 | the nature of pleadings and written portions filed in the | ||||||
13 | proceedings, the transcript of the testimony, the report of | ||||||
14 | the hearing officer, and the orders of the Department shall be | ||||||
15 | the record of the proceedings. The record may be made | ||||||
16 | available to any person interested in the hearing upon payment | ||||||
17 | of the fee required by Section 2105-115 of the Department of | ||||||
18 | Professional Regulation Law shall preserve a record of all | ||||||
19 | proceedings at the formal hearing of any case. Any notice, all | ||||||
20 | documents in the nature of pleadings, written motions filed in | ||||||
21 | the proceedings, the transcripts of testimony, and orders of | ||||||
22 | the Department shall be in the record of the proceeding .
| ||||||
23 | (b) The Department may contract for court reporting | ||||||
24 | services, and, if it does so, the Department shall provide the | ||||||
25 | name and contact information for the certified shorthand | ||||||
26 | reporter who transcribed the testimony at a hearing to any |
| |||||||
| |||||||
1 | person interested, who may obtain a copy of the transcript of | ||||||
2 | any proceedings at a hearing upon payment of the fee specified | ||||||
3 | by the certified shorthand reporter. | ||||||
4 | (Source: P.A. 96-863, eff. 3-1-10 .)
| ||||||
5 | (225 ILCS 411/25-90) | ||||||
6 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
7 | Sec. 25-90. Restoration of license from discipline. | ||||||
8 | (a) At any time after the successful completion of a term | ||||||
9 | of indefinite probation, suspension, or revocation of a | ||||||
10 | license under this Act , the Department may restore the license | ||||||
11 | to the licensee, unless after an investigation and a hearing | ||||||
12 | the Secretary determines that restoration is not in the public | ||||||
13 | interest.
| ||||||
14 | (b) Where circumstances of suspension or revocation so | ||||||
15 | indicate, the Department may require an examination of the | ||||||
16 | licensee prior to restoring his or her license. | ||||||
17 | (c) No person whose license has been revoked as authorized | ||||||
18 | in this Act may apply for restoration of that license until | ||||||
19 | such time as provided for in the Civil Administrative Code of | ||||||
20 | Illinois. | ||||||
21 | (d) A license that has been suspended or revoked shall be | ||||||
22 | considered non-renewed for purposes of restoration and a | ||||||
23 | licensee restoring his or her license from suspension or | ||||||
24 | revocation must comply with the requirements for restoration | ||||||
25 | as set forth in Section 10-40. |
| |||||||
| |||||||
1 | (Source: P.A. 96-863, eff. 3-1-10 .)
| ||||||
2 | (225 ILCS 411/25-95) | ||||||
3 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
4 | Sec. 25-95. Administrative review; venue. | ||||||
5 | (a) All final administrative decisions of the Department | ||||||
6 | are subject to judicial review under the Administrative Review | ||||||
7 | Law and its rules. The term "administrative decision" is | ||||||
8 | defined as in Section 3-101 of the Code of Civil Procedure. | ||||||
9 | (b) Proceedings for judicial review shall be commenced in | ||||||
10 | the circuit court of the county in which the party applying for | ||||||
11 | review resides, but if the party is not a resident of Illinois, | ||||||
12 | the venue shall be in Sangamon County.
| ||||||
13 | (c) The Department shall not be required to certify any | ||||||
14 | record to the court or file any answer in court, or to | ||||||
15 | otherwise appear in any court in a judicial review proceeding, | ||||||
16 | unless and until the Department has received from the | ||||||
17 | plaintiff payment of the costs of furnishing and certifying | ||||||
18 | the record, which costs shall be determined by the Department. | ||||||
19 | (d) Failure on the part of the plaintiff to file a receipt | ||||||
20 | in court shall be grounds for dismissal of the action. | ||||||
21 | (Source: P.A. 96-863, eff. 3-1-10 .)
| ||||||
22 | (225 ILCS 411/25-105) | ||||||
23 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
24 | Sec. 25-105. Unlicensed practice; violations; civil |
| |||||||
| |||||||
1 | penalty Violations . | ||||||
2 | (a) Any person who practices, offers to practice, attempts | ||||||
3 | to practice, or hold himself or herself out as a cemetery | ||||||
4 | manager or customer service employee as provided in this Act | ||||||
5 | without being licensed or exempt under this Act shall, in | ||||||
6 | addition to any other penalty provided by law, pay a civil | ||||||
7 | penalty to the Department in an amount not to exceed $10,000 | ||||||
8 | for each offense, as determined by the Department. The civil | ||||||
9 | penalty shall be assessed by the Department after a hearing is | ||||||
10 | held in accordance with the provision set forth in this Act | ||||||
11 | regarding the provision of a hearing for the discipline of a | ||||||
12 | licensee. | ||||||
13 | (b) The Department may investigate any actual, alleged, or | ||||||
14 | suspected unlicensed activity. | ||||||
15 | (c) The civil penalty shall be paid within 60 days after | ||||||
16 | the effective date of the order imposing the civil penalty. | ||||||
17 | The order shall constitute a judgment and may be filed and | ||||||
18 | execution had thereon in the same manner as any judgment from | ||||||
19 | any court of record. | ||||||
20 | (d) A person or entity not licensed under this Act who has | ||||||
21 | violated any provision of this Act or its rules is guilty of a | ||||||
22 | Class A misdemeanor for the first offense and a Class 4 felony | ||||||
23 | for a second and subsequent offenses. | ||||||
24 | Each of the following acts is a Class A misdemeanor for the | ||||||
25 | first offense and a Class 4 felony for each subsequent | ||||||
26 | offense: |
| |||||||
| |||||||
1 | (1) the practice of or attempted practice of or | ||||||
2 | holding out as available to practice as a cemetery | ||||||
3 | authority, cemetery manager, or customer service employee | ||||||
4 | without a license; or | ||||||
5 | (2) the obtaining of or the attempt to obtain any | ||||||
6 | license or authorization under this Act by fraud or | ||||||
7 | misrepresentation.
| ||||||
8 | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .)
| ||||||
9 | (225 ILCS 411/25-115) | ||||||
10 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
11 | Sec. 25-115. Illinois Administrative Procedure Act; | ||||||
12 | application. The Illinois Administrative Procedure Act is | ||||||
13 | expressly adopted and incorporated in this Act as if all of the | ||||||
14 | provisions of that Act were included in this Act, except that | ||||||
15 | the provision of paragraph (d) of Section 10-65 of the | ||||||
16 | Illinois Administrative Procedure Act, which provides that at | ||||||
17 | hearings the licensee has the right to show compliance with | ||||||
18 | all lawful requirements for retention or continuation or | ||||||
19 | renewal of the license, is specifically excluded. The | ||||||
20 | Department shall not be required to annually verify email | ||||||
21 | addresses as specified in paragraph (a) of subsection (2) of | ||||||
22 | Section 10-75 of the Illinois Administrative Procedure Act. | ||||||
23 | For the purpose of this Act, the notice required under Section | ||||||
24 | 10-25 of the Illinois Administrative Procedure Act is | ||||||
25 | considered sufficient when mailed to the address of record or |
| |||||||
| |||||||
1 | emailed to the email address of record .
| ||||||
2 | (Source: P.A. 96-863, eff. 3-1-10 .)
| ||||||
3 | (225 ILCS 411/35-5) | ||||||
4 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
5 | Sec. 35-5. Penalties. Cemetery authorities shall respect | ||||||
6 | the rights of consumers of cemetery products and services as | ||||||
7 | put forth in this Article. Failure to abide by the cemetery | ||||||
8 | duties listed in this Article or to comply with a request by a | ||||||
9 | consumer based on a consumer's privileges under this Article | ||||||
10 | may activate the mediation, citation, or disciplinary | ||||||
11 | processes in Article 25 of this Act.
| ||||||
12 | (Source: P.A. 96-863, eff. 3-1-10 .)
| ||||||
13 | (225 ILCS 411/35-15) | ||||||
14 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
15 | Sec. 35-15. Cemetery duties.
| ||||||
16 | (a) Prices for all cemetery-related products offered for | ||||||
17 | sale by the cemetery authority must be disclosed to the | ||||||
18 | consumer in writing on a standardized price list. | ||||||
19 | Memorialization pricing may be disclosed in price ranges. The | ||||||
20 | price list shall include the effective dates of the prices. | ||||||
21 | The price list shall include not only the range of interment, | ||||||
22 | inurnment, and entombment rights, and the cost of extending | ||||||
23 | the term of any term burial, but also any related merchandise | ||||||
24 | or services offered by the cemetery authority. Charges for |
| |||||||
| |||||||
1 | installation of markers, monuments, and vaults in cemeteries | ||||||
2 | must be the same without regard to where the item is purchased. | ||||||
3 | (b) A contract for the interment, inurnment, or entombment | ||||||
4 | of human remains must be signed by both parties: the consumer | ||||||
5 | and the cemetery authority or its representative. Such | ||||||
6 | signature shall be personally signed by the signor on either | ||||||
7 | paper or electronic format and shall not include a stamp or | ||||||
8 | electronic facsimile of the signature. Before a contract is | ||||||
9 | signed, the prices for the purchased services and merchandise | ||||||
10 | must be disclosed on the contract and in plain language. If a | ||||||
11 | contract is for a term burial, the term, the option to extend | ||||||
12 | the term, and the subsequent disposition of the human remains | ||||||
13 | post-term must be in bold print and discussed with the | ||||||
14 | consumer. Any contract for the sale of a burial plot, when | ||||||
15 | designated, must disclose the exact location of the burial | ||||||
16 | plot based on the survey of the cemetery map or plat on file | ||||||
17 | with the cemetery authority. | ||||||
18 | (c) A cemetery authority that has the legal right to | ||||||
19 | extend a term burial shall, prior to disinterment, provide the | ||||||
20 | family or other authorized agent under the Disposition of | ||||||
21 | Remains Act the opportunity to extend the term of a term burial | ||||||
22 | for the cost as stated on the cemetery authority's current | ||||||
23 | price list. Regardless of whether the family or other | ||||||
24 | authorized agent chooses to extend the term burial, the | ||||||
25 | cemetery authority shall, prior to disinterment, provide | ||||||
26 | notice to the family or other authorized agent under the |
| |||||||
| |||||||
1 | Disposition of Remains Act of the cemetery authority's | ||||||
2 | intention to disinter the remains and to inter different human | ||||||
3 | remains in that space. | ||||||
4 | (d) If any rules or regulations, including the operational | ||||||
5 | or maintenance requirements, of a cemetery change after the | ||||||
6 | date a contract is signed for the purchase of cemetery-related | ||||||
7 | or funeral-related products or services, the cemetery may not | ||||||
8 | require the consumer, purchaser, or such individual's relative | ||||||
9 | or representative to purchase any merchandise or service not | ||||||
10 | included in the original contract or in the rules and | ||||||
11 | regulations in existence when the contract was entered unless | ||||||
12 | the purchase is reasonable or required to make the cemetery | ||||||
13 | authority compliant with applicable law. | ||||||
14 | (e) No cemetery authority or its agent may engage in | ||||||
15 | deceptive or unfair practices. The cemetery authority and its | ||||||
16 | agents may not misrepresent legal or cemetery requirements. | ||||||
17 | (f) The Department may adopt rules regarding green burial | ||||||
18 | certification, green cremation products and methods, and | ||||||
19 | consumer education. | ||||||
20 | (g) The contractual requirements contained in this Section | ||||||
21 | only apply to contracts executed after the effective date of | ||||||
22 | this Act.
| ||||||
23 | (Source: P.A. 96-863, eff. 3-1-10 .)
| ||||||
24 | (225 ILCS 411/75-45) | ||||||
25 | (Section scheduled to be repealed on January 1, 2022)
|
| |||||||
| |||||||
1 | Sec. 75-45. Fees. The Department shall by rule provide for | ||||||
2 | fees for the administration and enforcement of this Act, and | ||||||
3 | those fees are nonrefundable. All of the fees , and fines , and | ||||||
4 | all other moneys collected under this Act and fees collected | ||||||
5 | on behalf of the Department under subsection (1) of Section 25 | ||||||
6 | of the Vital Records Act shall be deposited into the Cemetery | ||||||
7 | Oversight Licensing and Disciplinary Fund and be appropriated | ||||||
8 | to the Department for the ordinary and contingent expenses of | ||||||
9 | the Department in the administration and enforcement of this | ||||||
10 | Act.
| ||||||
11 | (Source: P.A. 96-863, eff. 3-1-10 .)
| ||||||
12 | (225 ILCS 411/25-1 rep.) | ||||||
13 | (225 ILCS 411/25-50 rep.) | ||||||
14 | (225 ILCS 411/25-55 rep.) | ||||||
15 | (225 ILCS 411/25-60 rep.) | ||||||
16 | (225 ILCS 411/25-100 rep.) | ||||||
17 | (225 ILCS 411/25-110 rep.) | ||||||
18 | (225 ILCS 411/25-120 rep.) | ||||||
19 | (225 ILCS 411/25-125 rep.) | ||||||
20 | (225 ILCS 411/75-20 rep.) | ||||||
21 | (225 ILCS 411/75-35 rep.) | ||||||
22 | Section 45. The Cemetery Oversight Act is amended by | ||||||
23 | repealing Sections 25-1, 25-50, 25-55, 25-60, 25-100, 25-110, | ||||||
24 | 25-120, 25-125, 75-20, and 75-35.
|
| |||||||
| |||||||
1 | Section 50. The Community Association Manager Licensing | ||||||
2 | and Disciplinary Act is amended by changing Sections 10, 15, | ||||||
3 | 20, 25, 27, 30, 40, 45, 50, 55, 60, 65, 70, 75, 85, 90, 92, 95, | ||||||
4 | 115, 120, 140, 145, 155, and 165 and by adding Sections 12, 41, | ||||||
5 | 85.1, 86, 161, and 162 as follows:
| ||||||
6 | (225 ILCS 427/10)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2022) | ||||||
8 | Sec. 10. Definitions. As used in this Act: | ||||||
9 | "Address of record" means the designated street address , | ||||||
10 | which may not be a post office box, recorded by the Department | ||||||
11 | in the applicant's or licensee's application file or license | ||||||
12 | file maintained by the Department Department's licensure | ||||||
13 | maintenance unit. It is the duty of the applicant or licensee | ||||||
14 | to inform the Department of any change of address, and such | ||||||
15 | changes must be made either through the Department's website | ||||||
16 | or by contacting the Department's licensure maintenance unit . | ||||||
17 | "Advertise" means, but is not limited to, issuing or | ||||||
18 | causing to be distributed any card, sign or device to any | ||||||
19 | person; or causing, permitting or allowing any sign or marking | ||||||
20 | on or in any building, structure, newspaper, magazine or | ||||||
21 | directory, or on radio or television; or advertising by any | ||||||
22 | other means designed to secure public attention , including, | ||||||
23 | but not limited to, print, electronic, social media, and | ||||||
24 | digital forums . | ||||||
25 | "Board" means the Community Association Manager Licensing |
| |||||||
| |||||||
1 | and Disciplinary Board. | ||||||
2 | "Community association" means an association in which | ||||||
3 | membership is a condition of ownership or shareholder interest | ||||||
4 | of a unit in a condominium, cooperative, townhouse, villa, or | ||||||
5 | other residential unit which is part of a residential | ||||||
6 | development plan and that is authorized to impose an | ||||||
7 | assessment, rents, or other costs that may become a lien on the | ||||||
8 | unit or lot. | ||||||
9 | "Community association funds" means any assessments, fees, | ||||||
10 | fines, or other funds collected by the community association | ||||||
11 | manager from the community association, or its members, other | ||||||
12 | than the compensation paid to the community association | ||||||
13 | manager for performance of community association management | ||||||
14 | services. | ||||||
15 | "Community association management firm" means a company, | ||||||
16 | corporation, limited liability company , partnership , or other | ||||||
17 | entity that engages in community association management | ||||||
18 | services. | ||||||
19 | "Community association management services" means those | ||||||
20 | services listed in the definition of community association | ||||||
21 | manager in this Section. | ||||||
22 | "Community association manager" means an individual who : | ||||||
23 | (1) has an ownership interest in or is employed by a | ||||||
24 | community association management firm, or is directly | ||||||
25 | employed by or provides services as an independent | ||||||
26 | contractor to a community association; and |
| |||||||
| |||||||
1 | (2) administers for remuneration the financial, | ||||||
2 | administrative, maintenance, or other duties for the | ||||||
3 | community association, including the following services: | ||||||
4 | (A) collecting, controlling or disbursing funds of | ||||||
5 | the community association or having the authority to | ||||||
6 | do so; | ||||||
7 | (B) preparing budgets or other financial documents | ||||||
8 | for the community association; | ||||||
9 | (C) assisting in the conduct of community | ||||||
10 | association meetings; | ||||||
11 | (D) maintaining association records; and | ||||||
12 | (E) administering administrating association | ||||||
13 | contracts or procuring goods and services in | ||||||
14 | accordance with , as stated in the declaration, bylaws, | ||||||
15 | proprietary lease, declaration of covenants, or other | ||||||
16 | governing document of the community association or at | ||||||
17 | the direction of the board of managers; and | ||||||
18 | (F) coordinating financial, administrative, | ||||||
19 | maintenance, or other duties called for in the | ||||||
20 | management contract, including individuals who are | ||||||
21 | direct employees of the community association . | ||||||
22 | "Community association manager" does not mean support | ||||||
23 | staff, including, but not limited to bookkeepers, | ||||||
24 | administrative assistants, secretaries, property inspectors, | ||||||
25 | or customer service representatives. | ||||||
26 | "Department" means the Department of Financial and |
| |||||||
| |||||||
1 | Professional Regulation. | ||||||
2 | "Designated community association manager" means a | ||||||
3 | licensed community association
manager who: (1) has an | ||||||
4 | ownership interest in or is employed by a community | ||||||
5 | association
management firm to act as a controlling person; | ||||||
6 | and (2) is the authorized signatory or has delegated
signing | ||||||
7 | authority for the firm on community association accounts; and | ||||||
8 | (3) supervises, manages,
and is responsible for the firm's | ||||||
9 | community association manager activities pursuant to Section
| ||||||
10 | 50 of this Act. | ||||||
11 | "Email address of record" means the designated email | ||||||
12 | address recorded by the Department in the applicant's | ||||||
13 | application file or the licensee's license file, as maintained | ||||||
14 | by the Department. | ||||||
15 | "License" means the privilege conferred by the Department
| ||||||
16 | to a person that has fulfilled all requirements prerequisite | ||||||
17 | to any type of licensure under this Act license issued to a | ||||||
18 | person, corporation, partnership, limited liability company, | ||||||
19 | or other legal entity under this Act to provide community | ||||||
20 | association management services . | ||||||
21 | "Licensee" means a community association manager or a | ||||||
22 | community association management firm. | ||||||
23 | "Person" means any individual, corporation, partnership, | ||||||
24 | limited liability company, or other legal entity. | ||||||
25 | "Secretary" means the Secretary of Financial and | ||||||
26 | Professional Regulation or the Secretary's designee .
|
| |||||||
| |||||||
1 | "Supervising community association manager" means an | ||||||
2 | individual licensed as a community association manager who | ||||||
3 | manages and supervises a firm. | ||||||
4 | (Source: P.A. 100-201, eff. 8-18-17 .)
| ||||||
5 | (225 ILCS 427/12 new) | ||||||
6 | Sec. 12. Address of record; email address of record. All | ||||||
7 | applicants and licensees shall: | ||||||
8 | (1) provide a valid address and email address to the | ||||||
9 | Department, which shall serve as the address of record and | ||||||
10 | email address of record, respectively, at the time of | ||||||
11 | application for licensure or renewal of a license; and | ||||||
12 | (2) inform the Department of any change of address of | ||||||
13 | record or email address of record within 14 days after | ||||||
14 | such change through the Department's website or in a | ||||||
15 | manner prescribed by the Department.
| ||||||
16 | (225 ILCS 427/15)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2022) | ||||||
18 | Sec. 15. License required. It shall be unlawful for any | ||||||
19 | person , corporation, partnership, limited liability company, | ||||||
20 | or other entity to provide community association management | ||||||
21 | services, provide services as a community association manager, | ||||||
22 | or hold the person himself, herself, or itself out as a | ||||||
23 | community association manager or community association | ||||||
24 | management firm to any community association in this State, |
| |||||||
| |||||||
1 | unless the person holds he, she, or it holds a current and | ||||||
2 | valid license issued licensed by the Department or the person | ||||||
3 | is otherwise exempt from licensure under this Act.
| ||||||
4 | (Source: P.A. 98-365, eff. 1-1-14 .)
| ||||||
5 | (225 ILCS 427/20)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2022) | ||||||
7 | Sec. 20. Exemptions. | ||||||
8 | (a) The requirement for holding a license under this Act | ||||||
9 | shall not apply to any of the following: | ||||||
10 | (1) Any director or , officer , or member of a community | ||||||
11 | association providing one or more of the services of a | ||||||
12 | community association manager to a community association | ||||||
13 | without compensation for such services to the association. | ||||||
14 | (2) Any person , corporation, partnership, or limited | ||||||
15 | liability company providing one or more of the services of | ||||||
16 | a community association manager to a community association | ||||||
17 | of 10 units or less. | ||||||
18 | (3) A licensed attorney acting solely as an incident | ||||||
19 | to
the practice of law. | ||||||
20 | (4) An individual A person acting as a receiver, | ||||||
21 | trustee in bankruptcy, administrator, executor, or | ||||||
22 | guardian acting under a court order or under the authority | ||||||
23 | of a court will or of a trust instrument . | ||||||
24 | (5) A person licensed in this State under any other | ||||||
25 | Act who engages in practices or activities specifically |
| |||||||
| |||||||
1 | authorized by the Act pursuant to which the license was | ||||||
2 | granted from engaging the practice for which he or she is | ||||||
3 | licensed . | ||||||
4 | (b) A licensed community association manager may not | ||||||
5 | perform or engage in any activities for which a real estate | ||||||
6 | managing broker , or real estate broker, or residential leasing | ||||||
7 | agent broker's license is required under
the Real Estate | ||||||
8 | License Act of 2000, unless the licensee he or she also | ||||||
9 | possesses a current and valid license under the Real Estate | ||||||
10 | License Act of 2000 and is providing those services as | ||||||
11 | provided for in the Real Estate License Act of 2000 and the | ||||||
12 | applicable rules.
| ||||||
13 | (c) (Blank). A person may temporarily act as, or provide | ||||||
14 | services as, a community association manager without being | ||||||
15 | licensed under this Act if the person (i) is a community | ||||||
16 | association manager regulated under the laws of another state | ||||||
17 | or territory of the United States or another country and (ii) | ||||||
18 | has applied in writing to the Department, on forms prepared | ||||||
19 | and furnished by the Department, for licensure under this Act. | ||||||
20 | This temporary right to act as a community association manager | ||||||
21 | shall expire 6 months after the filing of his or her written | ||||||
22 | application to the Department; upon the withdrawal of the | ||||||
23 | application for licensure under this Act; or upon delivery of | ||||||
24 | a notice of intent to deny the application from the | ||||||
25 | Department; or upon the denial of the application by the | ||||||
26 | Department, whichever occurs first.
|
| |||||||
| |||||||
1 | (Source: P.A. 98-365, eff. 1-1-14 .)
| ||||||
2 | (225 ILCS 427/25)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2022) | ||||||
4 | Sec. 25. Community Association Manager Licensing and | ||||||
5 | Disciplinary Board. | ||||||
6 | (a) There is hereby created the Community Association | ||||||
7 | Manager Licensing and Disciplinary Board, which shall consist | ||||||
8 | of 7 members appointed by the Secretary. All members must be | ||||||
9 | residents of the State and must have resided in the State for | ||||||
10 | at least 5 years immediately preceding the date of | ||||||
11 | appointment. Five members of the Board must be licensees under | ||||||
12 | this Act , at least two members of which shall be supervising | ||||||
13 | community association managers . Two members of the Board shall | ||||||
14 | be owners of, or hold a shareholder's interest in, a unit in a | ||||||
15 | community association at the time of appointment who are not | ||||||
16 | licensees under this Act and have no direct affiliation or | ||||||
17 | work experience with the community association's community | ||||||
18 | association manager. This Board shall act in an advisory | ||||||
19 | capacity to the Department. | ||||||
20 | (b) The term of each member Members serving on the Board on | ||||||
21 | the effective date of this amendatory Act of the 100th General | ||||||
22 | Assembly may serve the remainder of their unexpired terms. | ||||||
23 | Thereafter, the members' terms shall be for 4 years or until | ||||||
24 | that member's successor is appointed and expire upon | ||||||
25 | completion of the term . No member shall be reappointed to the |
| |||||||
| |||||||
1 | Board for a term that would cause the member's his or her | ||||||
2 | cumulative service to the Board to exceed 10 years. | ||||||
3 | Appointments to fill vacancies shall be made by the Secretary | ||||||
4 | for the unexpired portion of the term. The Secretary shall | ||||||
5 | remove from the Board any member whose license has become void | ||||||
6 | or has been revoked or suspended and may remove any member of | ||||||
7 | the Board for neglect of duty, misconduct, or incompetence. A | ||||||
8 | member who is subject to formal disciplinary proceedings shall | ||||||
9 | be disqualified disqualify himself or herself from all Board | ||||||
10 | business until the charge is resolved. A member also shall be | ||||||
11 | disqualified disqualify himself or herself from any matter on | ||||||
12 | which the member cannot act objectively. | ||||||
13 | (c) Four Board members shall constitute a quorum. A quorum | ||||||
14 | is required for all Board decisions. | ||||||
15 | (d) The Board shall elect annually , at its first meeting | ||||||
16 | of the fiscal year, a chairperson and vice chairperson. | ||||||
17 | (e) Each member shall receive reimbursement as set by the | ||||||
18 | Governor's Travel Control Board for expenses incurred in | ||||||
19 | carrying out the duties as a Board member. The Board shall be | ||||||
20 | compensated as determined by the Secretary. | ||||||
21 | (f) The Board may recommend policies, procedures, and | ||||||
22 | rules relevant to the administration and enforcement of this | ||||||
23 | Act.
| ||||||
24 | (Source: P.A. 100-886, eff. 8-14-18 .)
| ||||||
25 | (225 ILCS 427/27)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2022) | ||||||
2 | Sec. 27. Immunity from liability. Any member of the Board, | ||||||
3 | any attorney providing
advice to the Board or Department, any | ||||||
4 | person acting as a consultant to the Board or Department, and | ||||||
5 | any witness testifying in a proceeding authorized under this | ||||||
6 | Act, excluding the party making the complaint, shall be immune | ||||||
7 | from liability in any civil action brought against him or her | ||||||
8 | for acts occurring while acting in one's his or her capacity as | ||||||
9 | a Board member, attorney, consultant, or witness, | ||||||
10 | respectively, unless the conduct that gave rise to the action | ||||||
11 | was willful or wanton misconduct.
| ||||||
12 | (Source: P.A. 98-365, eff. 1-1-14 .)
| ||||||
13 | (225 ILCS 427/30)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2022) | ||||||
15 | Sec. 30. Powers and duties of the Department. The | ||||||
16 | Department may exercise the following functions, powers and | ||||||
17 | duties: | ||||||
18 | (a) formulate rules for the administration and | ||||||
19 | enforcement of this Act; | ||||||
20 | (b) prescribe forms to be issued for the | ||||||
21 | administration and enforcement of this Act and utilize | ||||||
22 | regular or electronic mail, at the discretion of the | ||||||
23 | Department, to send notices and other information to | ||||||
24 | applicants and licensees ; | ||||||
25 | (c) conduct hearings or proceedings to refuse to issue |
| |||||||
| |||||||
1 | or , renew, or to suspend, revoke, place on probation, | ||||||
2 | reprimand, or take disciplinary or non-disciplinary action | ||||||
3 | as the Department may deem appropriate under this Act; | ||||||
4 | (d) (blank); maintain a roster of the names and | ||||||
5 | addresses of all licensees in a manner as deemed | ||||||
6 | appropriate by the Department; and | ||||||
7 | (e) seek the advice and expert knowledge of the Board | ||||||
8 | on any matter relating to the
administration and | ||||||
9 | enforcement of this Act ; and . | ||||||
10 | (f) exercise any and all general powers and duties set | ||||||
11 | forth in Section 2105-15 of the Department of Professional | ||||||
12 | Regulation Law of the Civil Administrative Code of | ||||||
13 | Illinois.
| ||||||
14 | (Source: P.A. 96-726, eff. 7-1-10 .)
| ||||||
15 | (225 ILCS 427/40)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2022) | ||||||
17 | Sec. 40. Qualifications for licensure as a community | ||||||
18 | association manager. | ||||||
19 | (a) No person shall be qualified for licensure as a | ||||||
20 | community association manager under this Act , unless the | ||||||
21 | person he or she has applied in writing on the prescribed forms | ||||||
22 | and has paid the required, nonrefundable fees and has met | ||||||
23 | meets all of the following qualifications: | ||||||
24 | (1) Is He or she is at least 18 years of age. | ||||||
25 | (1.5) Successfully completed a 4-year course of study |
| |||||||
| |||||||
1 | in a high school, secondary school, or an equivalent | ||||||
2 | course of study approved by the state in which the school | ||||||
3 | is located, or possess a high school equivalency | ||||||
4 | certificate, which shall be verified under oath by the | ||||||
5 | applicant. | ||||||
6 | (2) Provided He or she provides satisfactory evidence | ||||||
7 | of having completed at least 20 classroom hours in | ||||||
8 | community association management courses approved by the | ||||||
9 | Board. | ||||||
10 | (3) Passed He or she has passed an examination | ||||||
11 | authorized by the Department.
| ||||||
12 | (4) Has He or she has not committed an act or acts, in | ||||||
13 | this or any other jurisdiction, that would be a violation | ||||||
14 | of this Act. | ||||||
15 | (5) Is He or she is of good moral character. In | ||||||
16 | determining moral character under this Section, the | ||||||
17 | Department may take into consideration whether the | ||||||
18 | applicant has engaged in conduct or activities that would | ||||||
19 | constitute grounds for discipline under this Act. Good | ||||||
20 | moral character is a continuing requirement of licensure. | ||||||
21 | Conviction of crimes may be used in determining moral | ||||||
22 | character, but shall not constitute an absolute bar to | ||||||
23 | licensure. | ||||||
24 | (6) Has He or she has not been declared by any court of | ||||||
25 | competent jurisdiction to be incompetent by reason of | ||||||
26 | mental or physical defect or disease, unless a court has |
| |||||||
| |||||||
1 | subsequently declared by a court him or her to be | ||||||
2 | competent. | ||||||
3 | (7) Complies He or she complies with any additional | ||||||
4 | qualifications for licensure as determined by rule of the | ||||||
5 | Department. | ||||||
6 | (b) (Blank). The education requirement set forth in item | ||||||
7 | (2) of subsection (a) of this Section shall not apply to | ||||||
8 | persons holding a real estate managing broker or real estate | ||||||
9 | broker license in good standing issued under the Real Estate | ||||||
10 | License Act of 2000. | ||||||
11 | (c) (Blank). The examination and initial education | ||||||
12 | requirement of items (2) and (3) of subsection (a) of this | ||||||
13 | Section shall not apply to any person who within 6 months from | ||||||
14 | the effective date of the requirement for licensure, as set | ||||||
15 | forth in Section 170 of this Act, applies for a license by | ||||||
16 | providing satisfactory evidence to the Department of | ||||||
17 | qualifying experience or education, as may be set forth by | ||||||
18 | rule, including without limitation evidence that he or she has | ||||||
19 | practiced community association management for a period of 5 | ||||||
20 | years. | ||||||
21 | (d) Applicants have 3 years from the date of application | ||||||
22 | to complete the application process. If the process has not | ||||||
23 | been completed within the 3 years, the application shall be | ||||||
24 | denied, the fee shall be forfeited, and the applicant must | ||||||
25 | reapply and meet the requirements in effect at the time of | ||||||
26 | re-application. |
| |||||||
| |||||||
1 | (e) The Department shall not require applicants to report | ||||||
2 | the following information and shall not consider the following | ||||||
3 | criminal history records in connection with an application for | ||||||
4 | licensure: | ||||||
5 | (1) juvenile adjudications of delinquent minors as | ||||||
6 | defined in Section 5-105 of the Juvenile Court Act of 1987 | ||||||
7 | subject to the restrictions set forth in Section 5-130 of | ||||||
8 | that Act; | ||||||
9 | (2) law enforcement records, court records, and | ||||||
10 | conviction records of an individual who was 17 years old | ||||||
11 | at the time of the offense and before January 1, 2014, | ||||||
12 | unless the nature of the offense required the individual | ||||||
13 | to be tried as an adult; | ||||||
14 | (3) records of arrest not followed by a charge or | ||||||
15 | conviction; | ||||||
16 | (4) records of arrest in which the charges were | ||||||
17 | dismissed unless related to the practice of the | ||||||
18 | profession; however, applicants shall not be asked to | ||||||
19 | report any arrests, and an arrest not followed by a | ||||||
20 | conviction shall not be the basis of a denial and may be | ||||||
21 | used only to assess an applicant's rehabilitation; | ||||||
22 | (5) convictions overturned by a higher court; or | ||||||
23 | (6) convictions or arrests that have been sealed or | ||||||
24 | expunged. | ||||||
25 | (f) An applicant or licensee shall report to the | ||||||
26 | Department, in a manner prescribed by the Department, and |
| |||||||
| |||||||
1 | within 30 days after the occurrence if during the term of | ||||||
2 | licensure: (i) any conviction of or plea of guilty or nolo | ||||||
3 | contendere to forgery, embezzlement, obtaining money under | ||||||
4 | false pretenses, larceny, extortion, conspiracy to defraud, or | ||||||
5 | any similar offense or offenses or any conviction of a felony | ||||||
6 | involving moral turpitude; (ii) the entry of an administrative | ||||||
7 | sanction by a government agency in this State or any other | ||||||
8 | jurisdiction that has as an essential element dishonesty or | ||||||
9 | fraud or involves larceny, embezzlement, or obtaining money, | ||||||
10 | property, or credit by false pretenses; or (iii) any | ||||||
11 | conviction of or plea of guilty or nolo contendere to a crime | ||||||
12 | that subjects the licensee to compliance with the requirements | ||||||
13 | of the Sex Offender Registration Act.
| ||||||
14 | (Source: P.A. 100-892, eff. 8-14-18 .)
| ||||||
15 | (225 ILCS 427/41 new) | ||||||
16 | Sec. 41. Qualifications for licensure as a community | ||||||
17 | association management firm. Any person who desires to obtain | ||||||
18 | a community association management firm license must: | ||||||
19 | (1) apply to the Department on forms prescribed by the | ||||||
20 | Department and pay the required fee; | ||||||
21 | (2) provide evidence to the Department that the | ||||||
22 | community association management firm has a licensed and | ||||||
23 | designated community association manager; | ||||||
24 | (3) be authorized to conduct business in the State of | ||||||
25 | Illinois and provide proof of such authorization to the |
| |||||||
| |||||||
1 | Department; and | ||||||
2 | (4) comply with all requirements as may be set forth | ||||||
3 | by rule.
| ||||||
4 | (225 ILCS 427/45)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2022) | ||||||
6 | Sec. 45. Examinations. | ||||||
7 | (a) The Department shall authorize examinations of | ||||||
8 | applicants for licensure as a community association manager at | ||||||
9 | such times and places as it may determine. The examination of | ||||||
10 | applicants shall be of a character to give a fair test of the | ||||||
11 | qualifications of the applicant to practice as a community | ||||||
12 | association manager. | ||||||
13 | (b) Applicants for examination shall be required to pay, | ||||||
14 | either to the Department or the designated testing service, a | ||||||
15 | fee covering the cost of providing the examination. | ||||||
16 | (c) The Department may employ consultants to prepare and | ||||||
17 | conduct for the purpose of preparing and conducting | ||||||
18 | examinations. | ||||||
19 | (d) An applicant shall be eligible to take the examination | ||||||
20 | only after successfully completing the education requirements | ||||||
21 | set forth in this Act and attaining the minimum education and | ||||||
22 | age required
under this Act. | ||||||
23 | (e) (Blank). The examination approved by the Department | ||||||
24 | should utilize the basic principles of professional testing | ||||||
25 | standards utilizing psychometric measurement. The examination |
| |||||||
| |||||||
1 | shall use standards set forth by the National Organization for | ||||||
2 | Competency Assurances and shall be approved by the Department.
| ||||||
3 | (Source: P.A. 96-726, eff. 7-1-10 .)
| ||||||
4 | (225 ILCS 427/50)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2022) | ||||||
6 | Sec. 50. Community association management firm.
| ||||||
7 | (a) No corporation, partnership, limited liability | ||||||
8 | company, or other legal entity shall provide or offer to | ||||||
9 | provide community association management services, unless it | ||||||
10 | has applied in writing on the prescribed forms and has paid the | ||||||
11 | required nonrefundable fees and provided evidence to the | ||||||
12 | Department that the firm has designated a licensed supervising | ||||||
13 | community association manager to supervise and manage the | ||||||
14 | firm. Having a A designated supervising community association | ||||||
15 | manager shall be a continuing requirement of firm licensure. | ||||||
16 | No supervising community association manager may be the | ||||||
17 | supervising community association manager for more than one | ||||||
18 | firm. | ||||||
19 | (b) Any corporation, partnership, limited liability | ||||||
20 | company, or other legal entity that is providing, or offering | ||||||
21 | to provide, community association management services and is | ||||||
22 | not in compliance with this Section 50 and other provisions of | ||||||
23 | this Act shall be subject to the civil penalties fines , | ||||||
24 | injunctions, cease and desist provisions, and penalties | ||||||
25 | provided for in Sections 90, 92, and 155 of this Act. |
| |||||||
| |||||||
1 | (c) No community association manager may be the designated | ||||||
2 | community association manager licensee-in-charge for more than | ||||||
3 | one firm, corporation, limited liability company, partnership, | ||||||
4 | or other legal entity. The designated community association | ||||||
5 | manager shall supervise and manage all licensed and unlicensed | ||||||
6 | employees acting on behalf of the community association | ||||||
7 | management firm. The designated community association manager | ||||||
8 | shall supervise and manage all independent contractors | ||||||
9 | providing community association management services on behalf | ||||||
10 | of the community association management firm. The community | ||||||
11 | association management firm and the designated community | ||||||
12 | association manager shall be responsible for all actions of | ||||||
13 | which they had knowledge taken on behalf of the community | ||||||
14 | association management firm. | ||||||
15 | (d) The Department may adopt rules and set all necessary | ||||||
16 | requirements for the implementation of this Section.
| ||||||
17 | (Source: P.A. 98-365, eff. 1-1-14 .)
| ||||||
18 | (225 ILCS 427/55)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2022) | ||||||
20 | Sec. 55. Fidelity insurance; segregation of accounts. | ||||||
21 | (a) The designated supervising community association | ||||||
22 | manager or the community association management firm that | ||||||
23 | employs the designated community association manager with | ||||||
24 | which he or she is employed shall not have access to and | ||||||
25 | disburse community association funds unless each of the |
| |||||||
| |||||||
1 | following conditions occur: | ||||||
2 | (1) There is fidelity insurance in place to insure | ||||||
3 | against loss or for theft of community association funds. | ||||||
4 | (2) The fidelity insurance is in the maximum amount of | ||||||
5 | coverage available to protect funds in the custody or not | ||||||
6 | less than all moneys under the control of the designated | ||||||
7 | supervising community association manager or the employing | ||||||
8 | community association management firm providing service to | ||||||
9 | for the association. | ||||||
10 | (3) During the term and coverage period of the | ||||||
11 | insurance, the The fidelity insurance shall cover covers | ||||||
12 | the : | ||||||
13 | (A) the designated community association manager ; , | ||||||
14 | supervising community association manager, and | ||||||
15 | (B) the community association management firm; | ||||||
16 | (C) all community association managers; | ||||||
17 | (D) all all partners, officers, and employees of | ||||||
18 | the community association management firm ; and during | ||||||
19 | the term of the insurance coverage, which shall be at | ||||||
20 | least for the same term as the service agreement | ||||||
21 | between the community association management firm or | ||||||
22 | supervising community association manager as well as | ||||||
23 | (E) the community association officers, directors, | ||||||
24 | and employees. | ||||||
25 | (4) The insurance company issuing the fidelity | ||||||
26 | insurance may not cancel or refuse to renew the bond |
| |||||||
| |||||||
1 | without giving at least 10 days' prior written notice. | ||||||
2 | (5) Unless an agreement between the community | ||||||
3 | association and the designated supervising community | ||||||
4 | association manager or the community association | ||||||
5 | management firm provides to the contrary, a community | ||||||
6 | association may secure and pay for the fidelity insurance | ||||||
7 | required by this Section. The designated supervising | ||||||
8 | community association manager , all other licensees, and or | ||||||
9 | the community association management firm must be named as | ||||||
10 | additional insured parties on the community association | ||||||
11 | policy. | ||||||
12 | (b) A community association management firm that provides | ||||||
13 | community association management services for more than one | ||||||
14 | community association shall maintain separate, segregated | ||||||
15 | accounts for each community association or, with the consent | ||||||
16 | of the community association, combine the accounts of one or | ||||||
17 | more community associations, but in that event, separately | ||||||
18 | account for the funds of each community association . The funds | ||||||
19 | shall not, in any event, be commingled with the supervising | ||||||
20 | community association manager's or community association | ||||||
21 | management firm's funds. The funds shall not, in any event, be | ||||||
22 | commingled with the funds of the community association | ||||||
23 | manager, the community association management firm, or any | ||||||
24 | other community association. The maintenance of such accounts | ||||||
25 | shall be custodial, and such accounts shall be in the name of | ||||||
26 | the respective community association or community association |
| |||||||
| |||||||
1 | manager or Community Association Management Agency as the | ||||||
2 | agent for the association . | ||||||
3 | (c) The designated supervising community association | ||||||
4 | manager or community association management firm shall obtain | ||||||
5 | the appropriate general liability and errors and omissions | ||||||
6 | insurance, as determined by the Department, to cover any | ||||||
7 | losses or claims against a the supervising community | ||||||
8 | association manager , the designated community association | ||||||
9 | manager, or the community association management firm. | ||||||
10 | (d) The Department shall have authority to promulgate | ||||||
11 | additional rules regarding insurance, fidelity insurance and | ||||||
12 | all accounts maintained and to be maintained by a community | ||||||
13 | association manager, designated supervising community | ||||||
14 | association manager , or community association management firm.
| ||||||
15 | (Source: P.A. 98-365, eff. 1-1-14 .)
| ||||||
16 | (225 ILCS 427/60)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2022) | ||||||
18 | Sec. 60. Licenses; renewals; restoration; person in | ||||||
19 | military service. | ||||||
20 | (a) The expiration date , fees, and renewal period for each | ||||||
21 | license issued under this Act shall be set by rule. The | ||||||
22 | Department may promulgate rules requiring continuing education | ||||||
23 | and set all necessary requirements for such, including but not | ||||||
24 | limited to fees, approved coursework, number of hours, and | ||||||
25 | waivers of continuing education. |
| |||||||
| |||||||
1 | (b) Any licensee who has an expired permitted his, her, or | ||||||
2 | its license to expire may have the license restored by | ||||||
3 | applying making application to the Department and filing proof | ||||||
4 | acceptable to the Department of fitness to have the expired | ||||||
5 | his, her, or its license restored, by which may include sworn | ||||||
6 | evidence certifying to active practice in another jurisdiction | ||||||
7 | satisfactory to the Department, complying with any continuing | ||||||
8 | education requirements, and paying the required restoration | ||||||
9 | fee. | ||||||
10 | (c) Any If the person has not maintained an active | ||||||
11 | practice in another jurisdiction satisfactory to the | ||||||
12 | Department, the Department shall determine, by an evaluation | ||||||
13 | program established by rule, the person's fitness to resume | ||||||
14 | active status and may require the person to complete a period | ||||||
15 | of evaluated clinical experience and successful completion of | ||||||
16 | a practical examination.
However, any person whose license | ||||||
17 | expired while (i) in federal service on active duty with the | ||||||
18 | Armed Forces of the United States or called into service or | ||||||
19 | training with the State Militia or (ii) in training or | ||||||
20 | education under the supervision of the United States | ||||||
21 | preliminary to induction into the military service may have | ||||||
22 | the his or her license renewed or restored without paying any | ||||||
23 | lapsed renewal fees if, within 2 years after honorable | ||||||
24 | termination of the service, training or education, except | ||||||
25 | under condition other than honorable, the licensee he or she | ||||||
26 | furnishes the Department with satisfactory evidence of |
| |||||||
| |||||||
1 | engagement to the effect that he or she has been so engaged and | ||||||
2 | that the service, training, or education has been so honorably | ||||||
3 | terminated. | ||||||
4 | (d) A community association manager or , community | ||||||
5 | association management firm that or supervising community | ||||||
6 | association manager who notifies the Department, in a manner | ||||||
7 | writing on forms prescribed by the Department, may place the | ||||||
8 | his, her, or its license on inactive status for a period not to | ||||||
9 | exceed 2 years and shall be excused from the payment of renewal | ||||||
10 | fees until the person notifies the Department in writing of | ||||||
11 | the intention to resume active practice. | ||||||
12 | (e) A community association manager, community association | ||||||
13 | management firm , or supervising community association manager | ||||||
14 | requesting that the his, her, or its license be changed from | ||||||
15 | inactive to active status shall be required to pay the current | ||||||
16 | renewal fee and shall also demonstrate compliance with the | ||||||
17 | continuing education requirements. | ||||||
18 | (f) No Any licensee with a nonrenewed or on inactive | ||||||
19 | license status or community association management firm | ||||||
20 | operation without a designated community association manager | ||||||
21 | shall not provide community association management services as | ||||||
22 | set forth in this Act. | ||||||
23 | (g) Any person violating subsection (f) of this Section | ||||||
24 | shall be considered to be practicing without a license and | ||||||
25 | will be subject to the disciplinary provisions of this Act. | ||||||
26 | (h) The Department shall not renew a license if the |
| |||||||
| |||||||
1 | licensee has an unpaid fine from a disciplinary matter or an | ||||||
2 | unpaid fee from a non-disciplinary action imposed by the | ||||||
3 | Department until the fine or fee is paid to the Department or | ||||||
4 | the licensee has entered into a payment plan and is current on | ||||||
5 | the required payments. | ||||||
6 | (i) The Department shall not issue a license if the | ||||||
7 | applicant has an unpaid fine imposed by the Department for | ||||||
8 | unlicensed practice until the fine is paid to the Department | ||||||
9 | or the applicant has entered into a payment plan and is current | ||||||
10 | on the required payments.
| ||||||
11 | (Source: P.A. 98-365, eff. 1-1-14 .)
| ||||||
12 | (225 ILCS 427/65)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2022) | ||||||
14 | Sec. 65. Fees; Community Association Manager Licensing and | ||||||
15 | Disciplinary Fund. | ||||||
16 | (a) The fees for the administration and enforcement of | ||||||
17 | this Act, including, but not limited to, initial licensure, | ||||||
18 | renewal, and restoration, shall be set by rule of the | ||||||
19 | Department. The fees shall be nonrefundable. | ||||||
20 | (b) In addition to the application fee, applicants for the | ||||||
21 | examination are required to pay, either to the Department or | ||||||
22 | the designated testing service, a fee covering the cost of | ||||||
23 | determining an applicant's eligibility and providing the | ||||||
24 | examination. Failure to appear for the examination on the | ||||||
25 | scheduled date, at the time and place specified, after the |
| |||||||
| |||||||
1 | applicant's application and fee for examination have been | ||||||
2 | received and acknowledged by the Department or the designated | ||||||
3 | testing service, shall result in the forfeiture of the fee. | ||||||
4 | (c) All fees, fines, penalties, or other monies received | ||||||
5 | or collected pursuant to this Act shall be deposited in the | ||||||
6 | Community Association Manager Licensing and Disciplinary Fund.
| ||||||
7 | (d) Moneys in the Community Association Manager Licensing | ||||||
8 | and Disciplinary Fund may be transferred to the Professions | ||||||
9 | Indirect Cost Fund, as authorized under Section 2105-300 of | ||||||
10 | the Department of Professional Regulation Law of the Civil | ||||||
11 | Administrative Code of Illinois. | ||||||
12 | (Source: P.A. 97-1021, eff. 8-17-12; 98-365, eff. 1-1-14 .)
| ||||||
13 | (225 ILCS 427/70)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2022) | ||||||
15 | Sec. 70. Penalty for insufficient funds; payments. Any | ||||||
16 | person who : | ||||||
17 | (1) delivers a check or other payment to the | ||||||
18 | Department that is returned to the Department unpaid by | ||||||
19 | the financial institution upon which it is drawn ; or | ||||||
20 | (2) presents a credit or debit card for payment that | ||||||
21 | is invalid or expired or against which charges by the | ||||||
22 | Department are declined or dishonored; | ||||||
23 | shall pay to the Department, in addition to the amount already | ||||||
24 | owed to the Department, a fine of $50. The Department shall | ||||||
25 | notify the person that payment of fees and fines shall be paid |
| |||||||
| |||||||
1 | to the Department by certified check or money order within 30 | ||||||
2 | calendar days after notification. If, after the expiration of | ||||||
3 | 30 days from the date of the notification, the person has | ||||||
4 | failed to submit the necessary remittance, the Department | ||||||
5 | shall automatically terminate the license or deny the | ||||||
6 | application, without hearing. After If, after termination or | ||||||
7 | denial, the person seeking seeks a license , he, she, or it | ||||||
8 | shall apply to the Department for restoration or issuance of | ||||||
9 | the license and pay all fees and fines due to the Department. | ||||||
10 | The Department may establish a fee for the processing of an | ||||||
11 | application for restoration of a license to pay all expenses | ||||||
12 | of processing this application. The Secretary may waive the | ||||||
13 | fines due under this Section in individual cases where the | ||||||
14 | Secretary finds that the fines would be unreasonable or | ||||||
15 | unnecessarily burdensome.
| ||||||
16 | (Source: P.A. 98-365, eff. 1-1-14 .)
| ||||||
17 | (225 ILCS 427/75)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2022) | ||||||
19 | Sec. 75. Endorsement. The Department may issue a | ||||||
20 | community association manager or supervising community | ||||||
21 | association manager license , without the required examination, | ||||||
22 | to an applicant licensed under the laws of another state if the | ||||||
23 | requirements for licensure in that state are, on the date of | ||||||
24 | licensure, substantially equal to the requirements of this Act | ||||||
25 | or to a person who, at the time of his or her application for |
| |||||||
| |||||||
1 | licensure, possessed individual qualifications that were | ||||||
2 | substantially equivalent to the requirements then in force in | ||||||
3 | this State. An applicant under this Section shall pay all of | ||||||
4 | the required fees. | ||||||
5 | All applicants under this Act Applicants have 3 years from | ||||||
6 | the date of application to complete the application process. | ||||||
7 | If the process has not been completed within the 3 years, the | ||||||
8 | application shall be denied, the fee shall be forfeited, and | ||||||
9 | the applicant must reapply and meet the requirements in effect | ||||||
10 | at the time of reapplication.
| ||||||
11 | (Source: P.A. 98-365, eff. 1-1-14 .)
| ||||||
12 | (225 ILCS 427/85)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2022) | ||||||
14 | Sec. 85. Grounds for discipline; refusal, revocation, or | ||||||
15 | suspension. | ||||||
16 | (a) The Department may refuse to issue or renew a license, | ||||||
17 | or may place on probation, reprimand, suspend, or revoke any | ||||||
18 | license, or take any other disciplinary or non-disciplinary | ||||||
19 | action as the Department may deem proper and impose a fine not | ||||||
20 | to exceed $10,000 for each violation upon any licensee or | ||||||
21 | applicant under this Act or any person or entity who holds | ||||||
22 | oneself himself, herself, or itself out as an applicant or | ||||||
23 | licensee for any one or combination of the following causes: | ||||||
24 | (1) Material misstatement in furnishing information to | ||||||
25 | the Department. |
| |||||||
| |||||||
1 | (2) Violations of this Act or its rules. | ||||||
2 | (3) Conviction of or entry of a plea of guilty or plea | ||||||
3 | of nolo contendere , as set forth in subsection (f) of | ||||||
4 | Section 40, to (i) a felony or a misdemeanor under the laws | ||||||
5 | of the United States, any state, or any other jurisdiction | ||||||
6 | or entry of an administrative sanction by a government | ||||||
7 | agency in this State or any other jurisdiction or (ii) a | ||||||
8 | crime that subjects the licensee to compliance with the | ||||||
9 | requirements of the Sex Offender Registration Act; or the | ||||||
10 | entry of an administrative sanction by a government agency | ||||||
11 | in this State or any other jurisdiction . Action taken | ||||||
12 | under this paragraph (3) for a misdemeanor or an | ||||||
13 | administrative sanction is limited to a misdemeanor or | ||||||
14 | administrative sanction that has as an essential element | ||||||
15 | dishonesty or fraud, that involves larceny, embezzlement, | ||||||
16 | or obtaining money, property, or credit by false pretenses | ||||||
17 | or by means of a confidence game, or that is directly | ||||||
18 | related to the practice of the profession. | ||||||
19 | (4) Making any misrepresentation for the purpose of | ||||||
20 | obtaining a license or violating any provision of this Act | ||||||
21 | or its rules. | ||||||
22 | (5) Professional incompetence. | ||||||
23 | (6) Gross negligence. | ||||||
24 | (7) Aiding or assisting another person in violating | ||||||
25 | any provision of this Act or its rules. | ||||||
26 | (8) Failing, within 30 days, to provide information in |
| |||||||
| |||||||
1 | response to a request made by the Department. | ||||||
2 | (9) Engaging in dishonorable, unethical, or | ||||||
3 | unprofessional conduct of a character likely to deceive, | ||||||
4 | defraud or harm the public as defined by the rules of the | ||||||
5 | Department, or violating the rules of professional conduct | ||||||
6 | adopted by the Department. | ||||||
7 | (10) Habitual or excessive use or addiction to | ||||||
8 | alcohol, narcotics, stimulants, or any other chemical | ||||||
9 | agent or drug that results in the inability to practice | ||||||
10 | with reasonable judgment, skill, or safety. | ||||||
11 | (11) Having been disciplined by another state, the | ||||||
12 | District of Columbia, a territory, a foreign nation, or a | ||||||
13 | governmental agency authorized to impose discipline if at | ||||||
14 | least one of the grounds for the discipline is the same or | ||||||
15 | substantially equivalent of one of the grounds for which a | ||||||
16 | licensee may be disciplined under this Act. A certified | ||||||
17 | copy of the record of the action by the other state or | ||||||
18 | jurisdiction shall be prima facie evidence thereof. | ||||||
19 | (12) Directly or indirectly giving to or receiving | ||||||
20 | from any person, firm, corporation, partnership or | ||||||
21 | association any fee, commission, rebate, or other form of | ||||||
22 | compensation for any professional services not actually or | ||||||
23 | personally rendered. | ||||||
24 | (13) A finding by the Department that the licensee, | ||||||
25 | after having the his, her, or its license placed on | ||||||
26 | probationary status, has violated the terms of probation. |
| |||||||
| |||||||
1 | (14) Willfully making or filing false records or | ||||||
2 | reports relating to a licensee's practice, including but | ||||||
3 | not limited to false records filed with any State or | ||||||
4 | federal agencies or departments. | ||||||
5 | (15) Being named as a perpetrator in an indicated | ||||||
6 | report by the Department of Children and Family Services | ||||||
7 | under the Abused and Neglected Child Reporting Act and | ||||||
8 | upon proof by clear and convincing evidence that the | ||||||
9 | licensee has caused a child to be an abused child or | ||||||
10 | neglected child as defined in the Abused and Neglected | ||||||
11 | Child Reporting Act. | ||||||
12 | (16) Physical illness or mental illness or impairment , | ||||||
13 | including, but not limited to, deterioration through the | ||||||
14 | aging process or loss of motor skill that results in the | ||||||
15 | inability to practice the profession with reasonable | ||||||
16 | judgment, skill, or safety. | ||||||
17 | (17) Solicitation of professional services by using | ||||||
18 | false or misleading advertising. | ||||||
19 | (18) A finding that licensure has been applied for or | ||||||
20 | obtained by fraudulent means. | ||||||
21 | (19) Practicing or attempting to practice under a name | ||||||
22 | other than the full name as shown on the license or any | ||||||
23 | other legally authorized name unless approved by the | ||||||
24 | Department . | ||||||
25 | (20) Gross overcharging for professional services | ||||||
26 | including, but not limited to, (i) collection of fees or |
| |||||||
| |||||||
1 | moneys for services that are not rendered; and (ii) | ||||||
2 | charging for services that are not in accordance with the | ||||||
3 | contract between the licensee and the community | ||||||
4 | association. | ||||||
5 | (21) Improper commingling of personal and client funds | ||||||
6 | in violation of this Act or any rules promulgated thereto. | ||||||
7 | (22) Failing to account for or remit any moneys or | ||||||
8 | documents coming into the licensee's possession that | ||||||
9 | belong to another person or entity. | ||||||
10 | (23) Giving differential treatment to a person that is | ||||||
11 | to that person's detriment on the basis because of race, | ||||||
12 | color, creed, sex, ancestry, age, order of protection | ||||||
13 | status, marital status, physical or mental disability, | ||||||
14 | military status, unfavorable discharge from military | ||||||
15 | status, sexual orientation, pregnancy, religion, or | ||||||
16 | national origin. | ||||||
17 | (24) Performing and charging for services without | ||||||
18 | reasonable authorization to do so from the person or | ||||||
19 | entity for whom service is being provided. | ||||||
20 | (25) Failing to make available to the Department, upon | ||||||
21 | request, any books, records, or forms required by this | ||||||
22 | Act. | ||||||
23 | (26) Purporting to be a designated supervising | ||||||
24 | community association manager of a firm without active | ||||||
25 | participation in the firm and having been designated as | ||||||
26 | such . |
| |||||||
| |||||||
1 | (27) Failing to make available to the Department at | ||||||
2 | the time of the request any indicia of licensure or | ||||||
3 | registration issued under this Act. | ||||||
4 | (28) Failing to maintain and deposit funds belonging | ||||||
5 | to a community association in accordance with subsection | ||||||
6 | (b) of Section 55 of this Act. | ||||||
7 | (29) Violating the terms of a disciplinary order | ||||||
8 | issued by the Department. | ||||||
9 | (30) Operating a community association management firm | ||||||
10 | without a designated community association manager who | ||||||
11 | holds an active community association manager license. | ||||||
12 | (31) For a designated community association manager, | ||||||
13 | failing to meet the requirements for acting as a | ||||||
14 | designated community association manager. | ||||||
15 | (32) Failing to disclose to a community association | ||||||
16 | any compensation received by a licensee from a third party | ||||||
17 | in connection with or related to a transaction entered | ||||||
18 | into by the licensee on behalf of the community | ||||||
19 | association. | ||||||
20 | (33) Failing to disclose to a community association, | ||||||
21 | at the time of making the referral, that a licensee (A) has | ||||||
22 | greater than a 1% ownership interest in a third party to | ||||||
23 | which it refers the community association; or (B) receives | ||||||
24 | or may receive dividends or other profit sharing | ||||||
25 | distributions from a third party, other than a publicly | ||||||
26 | held or traded company, to which it refers the community |
| |||||||
| |||||||
1 | association. | ||||||
2 | (b) (Blank). | ||||||
3 | (c) The determination by a circuit court that a licensee | ||||||
4 | is subject to involuntary admission or judicial admission, as | ||||||
5 | provided in the Mental Health and Developmental Disabilities | ||||||
6 | Code, operates as an automatic suspension. The suspension will | ||||||
7 | terminate only upon a finding by a court that the patient is no | ||||||
8 | longer subject to involuntary admission or judicial admission | ||||||
9 | and the issuance of an order so finding and discharging the | ||||||
10 | patient, and upon the recommendation of the Board to the | ||||||
11 | Secretary that the licensee be allowed to resume his or her | ||||||
12 | practice as a licensed community association manager. | ||||||
13 | (d) In accordance with subsection (g) of Section 2105-15 | ||||||
14 | of the Department of Professional Regulation Law of the Civil | ||||||
15 | Administrative Code of Illinois (20 ILCS 2105/2105-15), the | ||||||
16 | Department may refuse to issue or renew or may suspend the | ||||||
17 | license of any person who fails to file a return, to pay the | ||||||
18 | tax, penalty, or interest shown in a filed return, or to pay | ||||||
19 | any final assessment of tax, penalty, or interest, as required | ||||||
20 | by any tax Act administered by the Department of Revenue, | ||||||
21 | until such time as the requirements of that tax Act are | ||||||
22 | satisfied.
| ||||||
23 | (e) In accordance with subdivision (a)(5) of Section | ||||||
24 | 2105-15 of the Department of Professional Regulation Law of | ||||||
25 | the Civil Administrative Code of Illinois (20 ILCS | ||||||
26 | 2105/2105-15) and in cases where the Department of Healthcare |
| |||||||
| |||||||
1 | and Family Services (formerly Department of Public Aid) has | ||||||
2 | previously determined that a licensee or a potential licensee | ||||||
3 | is more than 30 days delinquent in the payment of child support | ||||||
4 | and has subsequently certified the delinquency to the | ||||||
5 | Department , the Department may refuse to issue or renew or may | ||||||
6 | revoke or suspend that person's license or may take other | ||||||
7 | disciplinary action against that person based solely upon the | ||||||
8 | certification of delinquency made by the Department of | ||||||
9 | Healthcare and Family Services. | ||||||
10 | (f) (Blank). In enforcing this Section, the Department or | ||||||
11 | Board upon a showing of a possible violation may compel a | ||||||
12 | licensee or an individual licensed to practice under this Act, | ||||||
13 | or who has applied for licensure under this Act, to submit to a | ||||||
14 | mental or physical examination, or both, as required by and at | ||||||
15 | the expense of the Department. The Department or Board may | ||||||
16 | order the examining physician to present testimony concerning | ||||||
17 | the mental or physical examination of the licensee or | ||||||
18 | applicant. No information shall be excluded by reason of any | ||||||
19 | common law or statutory privilege relating to communications | ||||||
20 | between the licensee or applicant and the examining physician. | ||||||
21 | The examining physicians shall be specifically designated by | ||||||
22 | the Board or Department. The individual to be examined may | ||||||
23 | have, at his or her own expense, another physician of his or | ||||||
24 | her choice present during all aspects of this examination. | ||||||
25 | Failure of an individual to submit to a mental or physical | ||||||
26 | examination, when directed, shall be grounds for suspension of |
| |||||||
| |||||||
1 | his or her license or denial of his or her application or | ||||||
2 | renewal until the individual submits to the examination if the | ||||||
3 | Department finds, after notice and hearing, that the refusal | ||||||
4 | to submit to the examination was without reasonable cause.
| ||||||
5 | If the Department or Board finds an individual unable to | ||||||
6 | practice because of the reasons set forth in this Section, the | ||||||
7 | Department or Board may require that individual to submit to | ||||||
8 | care, counseling, or treatment by physicians approved or | ||||||
9 | designated by the Department or Board, as a condition, term, | ||||||
10 | or restriction for continued, reinstated, or renewed licensure | ||||||
11 | to practice; or, in lieu of care, counseling, or treatment, | ||||||
12 | the Department may file, or the Board may recommend to the | ||||||
13 | Department to file, a complaint to immediately suspend, | ||||||
14 | revoke, deny, or otherwise discipline the license of the | ||||||
15 | individual. An individual whose license was granted, | ||||||
16 | continued, reinstated, renewed, disciplined or supervised | ||||||
17 | subject to such terms, conditions, or restrictions, and who | ||||||
18 | fails to comply with such terms, conditions, or restrictions, | ||||||
19 | shall be referred to the Secretary for a determination as to | ||||||
20 | whether the individual shall have his or her license suspended | ||||||
21 | immediately, pending a hearing by the Department. | ||||||
22 | In instances in which the Secretary immediately suspends a | ||||||
23 | person's license under this Section, a hearing on that | ||||||
24 | person's license must be convened by the Department within 30 | ||||||
25 | days after the suspension and completed without appreciable | ||||||
26 | delay. The Department and Board shall have the authority to |
| |||||||
| |||||||
1 | review the subject individual's record of treatment and | ||||||
2 | counseling regarding the impairment to the extent permitted by | ||||||
3 | applicable federal statutes and regulations safeguarding the | ||||||
4 | confidentiality of medical records. | ||||||
5 | An individual licensed under this Act and affected under | ||||||
6 | this Section shall be afforded an opportunity to demonstrate | ||||||
7 | to the Department or Board that he or she can resume practice | ||||||
8 | in compliance with acceptable and prevailing standards under | ||||||
9 | the provisions of his or her license.
| ||||||
10 | (Source: P.A. 100-872, eff. 8-14-18 .)
| ||||||
11 | (225 ILCS 427/85.1 new) | ||||||
12 | Sec. 85.1. Citations. | ||||||
13 | (a) The Department may adopt rules to permit the issuance | ||||||
14 | of citations to any licensee for failure to comply with the | ||||||
15 | continuing education requirements set forth in this Act or as | ||||||
16 | established by rule. The citation shall be issued to the | ||||||
17 | licensee and a copy sent to the licensee's designated | ||||||
18 | community association manager, and shall contain the | ||||||
19 | licensee's name, the licensee's address, the licensee's | ||||||
20 | license number, the number of required hours of continuing | ||||||
21 | education that have not been successfully completed by the | ||||||
22 | licensee within the renewal period, and the penalty imposed, | ||||||
23 | which shall not exceed $2,000. The issuance of any such | ||||||
24 | citation shall not excuse the licensee from completing all | ||||||
25 | continuing education required for that renewal period. |
| |||||||
| |||||||
1 | (b) Service of a citation shall be made in person, | ||||||
2 | electronically, or by mail to the licensee at the licensee's | ||||||
3 | address of record or email address of record, and the citation | ||||||
4 | must clearly state that if the cited licensee wishes to | ||||||
5 | dispute the citation, the cited licensee may make a written | ||||||
6 | request, within 30 days after the citation is served, for a | ||||||
7 | hearing before the Department. If the cited licensee does not | ||||||
8 | request a hearing within 30 days after the citation is served, | ||||||
9 | then the citation shall become a final, non-disciplinary | ||||||
10 | order, and any fine imposed is due and payable within 60 days | ||||||
11 | after that final order. If the cited licensee requests a | ||||||
12 | hearing within 30 days after the citation is served, the | ||||||
13 | Department shall afford the cited licensee a hearing conducted | ||||||
14 | in the same manner as a hearing provided for in this Act for | ||||||
15 | any violation of this Act and shall determine whether the | ||||||
16 | cited licensee committed the violation as charged and whether | ||||||
17 | the fine as levied is warranted. If the violation is found, any | ||||||
18 | fine shall constitute non-public discipline and be due and | ||||||
19 | payable within 30 days after the order of the Secretary, which | ||||||
20 | shall constitute a final order of the Department. No change in | ||||||
21 | license status may be made by the Department until a final | ||||||
22 | order of the Department has been issued. | ||||||
23 | (c) Payment of a fine that has been assessed pursuant to | ||||||
24 | this Section shall not constitute disciplinary action | ||||||
25 | reportable on the Department's website or elsewhere unless a | ||||||
26 | licensee has previously received 2 or more citations and been |
| |||||||
| |||||||
1 | assessed 2 or more fines. | ||||||
2 | (d) Nothing in this Section shall prohibit or limit the | ||||||
3 | Department from taking further action pursuant to this Act and | ||||||
4 | rules for additional, repeated, or continuing violations.
| ||||||
5 | (225 ILCS 427/86 new) | ||||||
6 | Sec. 86. Illegal discrimination.
When there has been an | ||||||
7 | adjudication in a civil or criminal proceeding that a | ||||||
8 | community association manager or community association | ||||||
9 | management firm has illegally discriminated while engaged in | ||||||
10 | any activity for which a license is required under this Act, | ||||||
11 | the Department, upon the recommendation of the Board as to the | ||||||
12 | extent of the suspension or revocation, shall suspend or | ||||||
13 | revoke the license of that licensee in a timely manner, unless | ||||||
14 | the adjudication is in the appeal process. When there has been | ||||||
15 | an order in an administrative proceeding finding that a | ||||||
16 | licensee has illegally discriminated while engaged in any | ||||||
17 | activity for which a license is required under this Act, the | ||||||
18 | Department, upon recommendation of the Board as to the nature | ||||||
19 | and extent of the discipline, shall take one or more of the | ||||||
20 | disciplinary actions provided for in Section 85 in a timely | ||||||
21 | manner, unless the administrative order is in the appeal | ||||||
22 | process.
| ||||||
23 | (225 ILCS 427/90)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2022) |
| |||||||
| |||||||
1 | Sec. 90. Violations; injunctions; cease and desist orders. | ||||||
2 | (a) If any person violates a provision of this Act, the | ||||||
3 | Secretary may, in the name of the People of the State of | ||||||
4 | Illinois, through the Attorney General of the State of | ||||||
5 | Illinois, petition for an order enjoining the violation or for | ||||||
6 | an order enforcing compliance with this Act. Upon the filing | ||||||
7 | of a verified petition in court, the court may issue a | ||||||
8 | temporary restraining order, without notice or bond, and may | ||||||
9 | preliminarily and permanently enjoin the violation. If it is | ||||||
10 | established that the person has violated or is violating the | ||||||
11 | injunction, the Court may punish the offender for contempt of | ||||||
12 | court. Proceedings under this Section are in addition to, and | ||||||
13 | not in lieu of, all other remedies and penalties provided by | ||||||
14 | this Act. | ||||||
15 | (b) If any person provides , entity or other business may | ||||||
16 | provide community association management services or provides | ||||||
17 | provide services as a community association manager to any | ||||||
18 | community association in this State without having a valid | ||||||
19 | license under this Act or, in the case of a community | ||||||
20 | association management firm, without a designated community | ||||||
21 | association manager , then any licensee, any interested party , | ||||||
22 | or any person injured thereby may, in addition to the | ||||||
23 | Secretary, petition for relief as provided in subsection (a) | ||||||
24 | of this Section. | ||||||
25 | (c) Whenever in the opinion of the Department any person, | ||||||
26 | entity or other business violates any provision of this Act, |
| |||||||
| |||||||
1 | the Department may issue a rule to show cause why an order to | ||||||
2 | cease and desist should not be entered against such person, | ||||||
3 | firm or other entity. The rule shall clearly set forth the | ||||||
4 | grounds relied upon by the Department and shall provide a | ||||||
5 | period of at least 7 days from the date of the rule to file an | ||||||
6 | answer to the satisfaction of the Department. If the person, | ||||||
7 | firm or other entity fails to file an answer satisfactory to | ||||||
8 | the Department, the matter shall be considered as a default | ||||||
9 | and the Department may cause an order to cease and desist to be | ||||||
10 | issued immediately.
| ||||||
11 | (Source: P.A. 96-726, eff. 7-1-10 .)
| ||||||
12 | (225 ILCS 427/92)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2022) | ||||||
14 | Sec. 92. Unlicensed practice; violation; civil penalty. | ||||||
15 | (a) Any person, entity or other business who practices, | ||||||
16 | offers to practice, attempts to practice, or holds oneself | ||||||
17 | himself, herself or itself out to practice as a community | ||||||
18 | association manager or community association management firm | ||||||
19 | or provides provide services as a community association | ||||||
20 | manager or community association management firm to any | ||||||
21 | community association in this State without being licensed | ||||||
22 | under this Act or, in the case of a community association | ||||||
23 | management firm, without a designated community association | ||||||
24 | manager shall, in addition to any other penalty provided by | ||||||
25 | law, pay a civil penalty to the Department in an amount not to |
| |||||||
| |||||||
1 | exceed $10,000 for each offense, as determined by the | ||||||
2 | Department. The civil penalty shall be assessed by the | ||||||
3 | Department after a hearing is held in accordance with the | ||||||
4 | provisions set forth in this Act regarding the provision of a | ||||||
5 | hearing for the discipline of a licensee. | ||||||
6 | (b) The Department may investigate any and all unlicensed | ||||||
7 | activity. | ||||||
8 | (c) The civil penalty shall be paid within 60 days after | ||||||
9 | the effective date of the order imposing the civil penalty. | ||||||
10 | The order shall constitute a judgment and may be filed and | ||||||
11 | execution had thereon in the same manner as any judgment from | ||||||
12 | any court of record.
| ||||||
13 | (Source: P.A. 98-365, eff. 1-1-14 .)
| ||||||
14 | (225 ILCS 427/95)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2022) | ||||||
16 | Sec. 95. Investigation; notice and hearing. The | ||||||
17 | Department may investigate the actions or qualifications of a | ||||||
18 | person, entity or other business applying for, holding or | ||||||
19 | claiming to hold , or holding oneself out as having a license or | ||||||
20 | rendering or offering to render services for which a license | ||||||
21 | is required by this Act and may notify their designated | ||||||
22 | community association manager, if any, of the pending | ||||||
23 | investigation . Before suspending, revoking, placing on | ||||||
24 | probationary status, or taking any other disciplinary action | ||||||
25 | as the Department may deem proper with regard to any license, |
| |||||||
| |||||||
1 | at least 30 days before the date set for the hearing, the | ||||||
2 | Department shall (i) notify the accused and their designated | ||||||
3 | community association manager, if any, in writing of any | ||||||
4 | charges made and the time and place for a hearing on the | ||||||
5 | charges before the Board, (ii) direct the accused individual | ||||||
6 | or entity to file a written answer to the charges with the | ||||||
7 | Board under oath within 20 days after the service on the | ||||||
8 | accused him or her of such notice, and (iii) inform the accused | ||||||
9 | person, entity or other business that if the accused the | ||||||
10 | person, entity, or other business fails to file an answer, | ||||||
11 | default will be taken against the accused such person, entity, | ||||||
12 | or other business and the license of the accused such person, | ||||||
13 | entity, or other business may be suspended, revoked, placed on | ||||||
14 | probationary status, or other disciplinary action taken with | ||||||
15 | regard to the license, including limiting the scope, nature, | ||||||
16 | or extent of related his or her practice, as the Department may | ||||||
17 | deem proper. The Department shall serve notice under this | ||||||
18 | Section by regular or electronic Written notice may be served | ||||||
19 | by personal delivery or by registered or certified mail to the | ||||||
20 | applicant's or licensee's applicant or licensee at his or her | ||||||
21 | last address of record or email address of record as provided | ||||||
22 | to with the Department. If the accused In case the person fails | ||||||
23 | to file an answer after receiving notice, the his or her | ||||||
24 | license may, in the discretion of the Department, be | ||||||
25 | suspended, revoked, or placed on probationary status, or the | ||||||
26 | Department may take whatever disciplinary action deemed |
| |||||||
| |||||||
1 | proper, including limiting the scope, nature, or extent of the | ||||||
2 | person's practice or the imposition of a fine, without a | ||||||
3 | hearing, if the act or acts charged constitute sufficient | ||||||
4 | grounds for such action under this Act. The written answer | ||||||
5 | shall be served by personal delivery or regular , certified | ||||||
6 | delivery, or certified or registered mail to the Department. | ||||||
7 | At the time and place fixed in the notice, the Department shall | ||||||
8 | proceed to hear the charges and the parties or their counsel | ||||||
9 | shall be accorded ample opportunity to present such | ||||||
10 | statements, testimony, evidence, and argument as may be | ||||||
11 | pertinent to the charges or to the defense thereto. The | ||||||
12 | Department may continue such hearing from time to time. At the | ||||||
13 | discretion of the Secretary after having first received the | ||||||
14 | recommendation of the Board, the accused person's license may | ||||||
15 | be suspended , or revoked , or placed on probationary status or | ||||||
16 | the Department may take whatever disciplinary action | ||||||
17 | considered proper, including limiting the scope, nature, or | ||||||
18 | extent of the person's practice or the imposition of a fine if | ||||||
19 | the act or acts charged constitute sufficient grounds for that | ||||||
20 | action under this Act. A copy of the Department's final order | ||||||
21 | shall be delivered to the accused's designated community | ||||||
22 | association manager or, if the accused is directly employed by | ||||||
23 | a community association, to the board of managers of that | ||||||
24 | association if known to the Department , if the evidence | ||||||
25 | constitutes sufficient grounds for such action under this Act .
| ||||||
26 | (Source: P.A. 96-726, eff. 7-1-10; 97-333, eff. 8-12-11 .)
|
| |||||||
| |||||||
1 | (225 ILCS 427/115)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2022) | ||||||
3 | Sec. 115. Rehearing. At the conclusion of a hearing and | ||||||
4 | following deliberation by the Board, a copy of the Board's | ||||||
5 | report shall be served upon the applicant, licensee, or | ||||||
6 | unlicensed person by the Department, either personally or as | ||||||
7 | provided in this Act for the service of a notice of hearing. In | ||||||
8 | any hearing involving disciplinary action against a licensee, | ||||||
9 | a copy of the Board's report shall be served upon the | ||||||
10 | respondent by the Department, either personally or as provided | ||||||
11 | in this Act for the service of the notice of hearing. Within 20 | ||||||
12 | calendar days after service, the respondent may present to the | ||||||
13 | Department a motion in writing for a rehearing that shall | ||||||
14 | specify the particular grounds for rehearing. If no motion for | ||||||
15 | rehearing is filed, then upon the expiration of the time | ||||||
16 | specified for filing a motion, or if a motion for rehearing is | ||||||
17 | denied, then upon denial, the Secretary may enter an order in | ||||||
18 | accordance with recommendations of the Board, except as | ||||||
19 | provided in this Act. If the respondent orders from the | ||||||
20 | reporting service, and pays for, a transcript of the record | ||||||
21 | within the time for filing a motion for rehearing, the 20 | ||||||
22 | calendar day period within which a motion may be filed shall | ||||||
23 | commence upon the delivery of the transcript to the | ||||||
24 | respondent.
| ||||||
25 | (Source: P.A. 96-726, eff. 7-1-10 .)
|
| |||||||
| |||||||
1 | (225 ILCS 427/120)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2022) | ||||||
3 | Sec. 120. Appointment of a hearing officer. The Secretary | ||||||
4 | has the authority to appoint any attorney duly licensed to | ||||||
5 | practice law in the State of Illinois to serve as the hearing | ||||||
6 | officer in any action for refusal to issue or renew a license, | ||||||
7 | or to discipline a licensee. The hearing officer has full | ||||||
8 | authority to conduct the hearing. The hearing officer shall | ||||||
9 | report the his findings and recommendations to the Board and | ||||||
10 | the Secretary. At its next meeting following The Board has 60 | ||||||
11 | calendar days from receipt of the report , the Board shall to | ||||||
12 | review the report of the hearing officer and present its | ||||||
13 | findings of fact, conclusions of law , and recommendations to | ||||||
14 | the Secretary. | ||||||
15 | If the Board fails to present its report within 30 | ||||||
16 | calendar days following its next meeting after receiving the | ||||||
17 | report within the 60 calendar day period , the respondent may | ||||||
18 | request in writing a direct appeal to the Secretary, in which | ||||||
19 | case the Secretary shall, within 7 calendar days after the | ||||||
20 | request, issue an order directing the Board to issue its | ||||||
21 | findings of fact, conclusions of law, and recommendations to | ||||||
22 | the Secretary within 30 calendar days after such order. | ||||||
23 | If the Board fails to issue its findings of fact, | ||||||
24 | conclusions of law, and recommendations within that time frame | ||||||
25 | to the Secretary after the entry of such order, the Secretary |
| |||||||
| |||||||
1 | shall, within 30 calendar days thereafter, issue an order | ||||||
2 | based upon the report of the hearing officer and the record of | ||||||
3 | the proceedings or issue an order remanding the matter back to | ||||||
4 | the hearing officer for additional proceedings in accordance | ||||||
5 | with the order. | ||||||
6 | If (i) a direct appeal is requested, (ii) the Board fails | ||||||
7 | to issue its findings of fact, conclusions of law, and | ||||||
8 | recommendations within the 30-day mandate from the Secretary | ||||||
9 | or the Secretary fails to order the Board to do so, and (iii) | ||||||
10 | the Secretary fails to issue an order within 30 calendar days | ||||||
11 | thereafter, then the hearing officer's report is deemed | ||||||
12 | accepted and a final decision of the Secretary. | ||||||
13 | Notwithstanding any other provision of this Section, if | ||||||
14 | the Secretary, upon review, determines that substantial | ||||||
15 | justice has not been done in the revocation, suspension, or | ||||||
16 | refusal to issue or renew a license or other disciplinary | ||||||
17 | action taken as the result of the entry of the hearing | ||||||
18 | officer's report, the Secretary may order a rehearing by the | ||||||
19 | same or other examiners. If the Secretary disagrees with the | ||||||
20 | recommendation of the Board or the hearing officer, the | ||||||
21 | Secretary may issue an order in contravention of either | ||||||
22 | recommendation.
| ||||||
23 | (Source: P.A. 96-726, eff. 7-1-10 .)
| ||||||
24 | (225 ILCS 427/140)
| ||||||
25 | (Section scheduled to be repealed on January 1, 2022) |
| |||||||
| |||||||
1 | Sec. 140. Summary suspension. The Secretary may summarily | ||||||
2 | suspend a license without a hearing, simultaneously with the | ||||||
3 | institution of proceedings for a hearing provided for in this | ||||||
4 | Act, if the Secretary finds that evidence indicating in his or | ||||||
5 | her possession indicates that a continuation in practice would | ||||||
6 | constitute an imminent danger to the public. In the event that | ||||||
7 | the Secretary summarily suspends a license without a hearing, | ||||||
8 | a hearing by the Department must be held within 30 calendar | ||||||
9 | days after the suspension has occurred.
| ||||||
10 | (Source: P.A. 96-726, eff. 7-1-10 .)
| ||||||
11 | (225 ILCS 427/145)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2022) | ||||||
13 | Sec. 145. Judicial review. All final administrative | ||||||
14 | decisions of the Department are subject to judicial review | ||||||
15 | under the Administrative Review Law and its rules. The term | ||||||
16 | "administrative decision" is defined as in Section 3-101 of | ||||||
17 | the Code of Civil Procedure. Proceedings for judicial review | ||||||
18 | shall be commenced in the circuit court of the county in which | ||||||
19 | the party applying for review resides; but if the party is not | ||||||
20 | a resident of this State, the venue shall be in Sangamon County | ||||||
21 | or Cook County .
| ||||||
22 | (Source: P.A. 96-726, eff. 7-1-10 .)
| ||||||
23 | (225 ILCS 427/155)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2022) |
| |||||||
| |||||||
1 | Sec. 155. Violations; penalties. | ||||||
2 | (a) A person who violates any of the following provisions | ||||||
3 | shall be guilty of a Class A misdemeanor; a person who commits | ||||||
4 | a second or subsequent violation of these provisions is guilty | ||||||
5 | of a Class 4 felony: | ||||||
6 | (1) Practicing or attempting to The practice of or | ||||||
7 | attempted practice of or holding oneself out as available | ||||||
8 | to practice as a community association manager or | ||||||
9 | supervising community association manager without a | ||||||
10 | license. | ||||||
11 | (2) Operating or attempting Operation of or attempt to | ||||||
12 | operate a community association management firm without a | ||||||
13 | firm license or a designated supervising community | ||||||
14 | association manager. | ||||||
15 | (3) Obtaining or attempting The obtaining of or the | ||||||
16 | attempt to obtain any license or authorization issued | ||||||
17 | under this Act by fraudulent misrepresentation. | ||||||
18 | (b) Whenever a licensee is convicted of a felony related | ||||||
19 | to the violations set forth in this Section, the clerk of the | ||||||
20 | court in any jurisdiction shall promptly report the conviction | ||||||
21 | to the Department and the Department shall immediately revoke | ||||||
22 | any license authorized under this Act held by that licensee. | ||||||
23 | The licensee shall not be eligible for licensure under this | ||||||
24 | Act until at least 5 years have elapsed since a felony | ||||||
25 | conviction or 3 years since release from confinement for the | ||||||
26 | conviction, whichever is later, without a subsequent 10 years |
| |||||||
| |||||||
1 | have elapsed since the time of full discharge from any | ||||||
2 | sentence imposed for a felony conviction. If any person in | ||||||
3 | making any oath or affidavit required by this Act swears | ||||||
4 | falsely, the person is guilty of perjury and may be punished | ||||||
5 | accordingly.
| ||||||
6 | (Source: P.A. 98-365, eff. 1-1-14; 99-78, eff. 7-20-15 .)
| ||||||
7 | (225 ILCS 427/161 new) | ||||||
8 | Sec. 161. Statute of limitations. No action may be taken | ||||||
9 | under this Act against a person or entity licensed under this | ||||||
10 | Act unless the action is commenced within 5 years after the | ||||||
11 | occurrence of the alleged violation. A continuing violation is | ||||||
12 | deemed to have occurred on the date when the circumstances | ||||||
13 | last existed that gave rise to the alleged continuing | ||||||
14 | violation.
| ||||||
15 | (225 ILCS 427/162 new) | ||||||
16 | Sec. 162. No private right of action. Except as otherwise | ||||||
17 | expressly provided for in this Act, nothing in this Act shall | ||||||
18 | be construed to grant to any person a private right of action | ||||||
19 | to enforce the provisions of this Act or the rules adopted | ||||||
20 | under this Act.
| ||||||
21 | (225 ILCS 427/165)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2022) | ||||||
23 | Sec. 165. Home rule. The regulation and licensing of |
| |||||||
| |||||||
1 | community association managers , supervising community | ||||||
2 | association managers, and community association management | ||||||
3 | firms are exclusive powers and functions of the State. A home | ||||||
4 | rule unit may not regulate or license community association | ||||||
5 | managers , supervising community association managers, or | ||||||
6 | community association management firms. This Section is a | ||||||
7 | denial and limitation of home rule powers and functions under | ||||||
8 | subsection (h) of Section 6 of Article VII of the Illinois | ||||||
9 | Constitution.
| ||||||
10 | (Source: P.A. 98-365, eff. 1-1-14 .)
| ||||||
11 | (225 ILCS 427/42 rep.) | ||||||
12 | (225 ILCS 427/80 rep.) | ||||||
13 | (225 ILCS 427/135 rep.) | ||||||
14 | (225 ILCS 427/170 rep.) | ||||||
15 | Section 55. The Community Association Manager Licensing | ||||||
16 | and Disciplinary Act is amended by repealing Sections 42, 80, | ||||||
17 | 135, and 170.
| ||||||
18 | Section 60. The Detection of Deception Examiners Act is | ||||||
19 | amended by changing Sections 1, 7.1, 7.3, 17, and 20 and by | ||||||
20 | adding Section 10.2 as follows:
| ||||||
21 | (225 ILCS 430/1) (from Ch. 111, par. 2401)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
23 | Sec. 1. Definitions. As used in this Act, unless the |
| |||||||
| |||||||
1 | context otherwise
requires:
| ||||||
2 | "Address of record Record " means the designated address | ||||||
3 | recorded by the Department in the applicant's or licensee's | ||||||
4 | application file or license file as maintained by the | ||||||
5 | Department's licensure maintenance unit. It is the duty of the | ||||||
6 | applicant or licensee to inform the Department of any change | ||||||
7 | of address and those changes must be made either through the | ||||||
8 | Department's website or by contacting the Department. | ||||||
9 | "Detection of Deception Examination", hereinafter referred
| ||||||
10 | to as "Examination" means any examination in which a device or | ||||||
11 | instrument
is used to test or question individuals for the | ||||||
12 | purpose of evaluating
truthfulness or untruthfulness.
| ||||||
13 | "Email address of record" means the designated email | ||||||
14 | address recorded by the Department in the applicant's | ||||||
15 | application file or the licensee's license file, as maintained | ||||||
16 | by the Department's licensure maintenance unit. | ||||||
17 | "Examiner" means any person licensed under this Act.
| ||||||
18 | "Person" includes any natural person, partnership, | ||||||
19 | association,
corporation or trust.
| ||||||
20 | "Department" means the Department of Financial and | ||||||
21 | Professional Regulation.
| ||||||
22 | "Law enforcement agency" means an agency of the State or a | ||||||
23 | unit of local
government that is vested by law or ordinance | ||||||
24 | with the power to maintain public
order and to
enforce | ||||||
25 | criminal laws and ordinances.
| ||||||
26 | "Secretary" means the Secretary of Financial and |
| |||||||
| |||||||
1 | Professional Regulation. | ||||||
2 | (Source: P.A. 97-168, eff. 7-22-11.)
| ||||||
3 | (225 ILCS 430/7.1) (from Ch. 111, par. 2408)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
5 | Sec. 7.1. Administrative Procedure Act. The Illinois | ||||||
6 | Administrative
Procedure Act is hereby expressly adopted and | ||||||
7 | incorporated herein as if all of
the provisions of that Act | ||||||
8 | were included in this Act, except that the provision
of | ||||||
9 | subsection (d) of Section 10-65 of the Illinois Administrative | ||||||
10 | Procedure Act
that provides that at hearings the licensee has | ||||||
11 | the right to show compliance
with all lawful requirements for | ||||||
12 | retention, continuation, or renewal of the
license is | ||||||
13 | specifically excluded. For the purposes of this Act, the | ||||||
14 | notice
required under Section 10-25 of the Illinois | ||||||
15 | Administrative Procedure Act is deemed
sufficient when mailed | ||||||
16 | or emailed to the last known address of a party.
| ||||||
17 | (Source: P.A. 100-201, eff. 8-18-17.)
| ||||||
18 | (225 ILCS 430/7.3)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
20 | Sec. 7.3. Appointment of a Hearing Officer. The Secretary | ||||||
21 | has the
authority to appoint an attorney, licensed to practice | ||||||
22 | law in the State of
Illinois, to serve as a Hearing Officer in | ||||||
23 | any action for refusal to issue or
renew a license or to | ||||||
24 | discipline a license. The Hearing Officer has full
authority |
| |||||||
| |||||||
1 | to conduct the hearing. The appointed Detection of Deception
| ||||||
2 | Coordinator may attend hearings and advise the Hearing Officer | ||||||
3 | on technical
matters involving Detection of Deception | ||||||
4 | examinations.
| ||||||
5 | (Source: P.A. 97-168, eff. 7-22-11.)
| ||||||
6 | (225 ILCS 430/10.2 new) | ||||||
7 | Sec. 10.2. Address of record; email address of record. | ||||||
8 | All applicants and licensees shall: | ||||||
9 | (1) provide a valid address and email address to
the | ||||||
10 | Department, which shall serve as the address of record and | ||||||
11 | email address of record, respectively, at the time of | ||||||
12 | application for licensure or renewal of a license; and | ||||||
13 | (2) inform the Department of any change of address
of | ||||||
14 | record or email address of record within 14 days after | ||||||
15 | such change either through the Department's website or by | ||||||
16 | contacting the Department's licensure maintenance unit.
| ||||||
17 | (225 ILCS 430/17) (from Ch. 111, par. 2418)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
19 | Sec. 17. Investigations; notice and hearing. The | ||||||
20 | Department may investigate the actions of any applicant or any
| ||||||
21 | person or
persons rendering or offering to render detection of | ||||||
22 | deception services or any person holding or claiming to hold a | ||||||
23 | license as a licensed examiner. The Department shall, before
| ||||||
24 | refusing to issue or renew a license or to discipline a |
| |||||||
| |||||||
1 | licensee under Section 14, at
least 30 days prior to the date | ||||||
2 | set for the hearing, (i) notify the accused in
writing of the | ||||||
3 | charges made and the time and place for the hearing on the | ||||||
4 | charges, (ii) direct him or her to file a written answer with | ||||||
5 | the
Department under
oath within 20 days after the service of | ||||||
6 | the notice, and (iii) inform the applicant
or licensee that | ||||||
7 | failure to file an answer will result in default being
taken | ||||||
8 | against the applicant or licensee. At the time and place fixed | ||||||
9 | in the notice, the Department shall proceed to hear the | ||||||
10 | charges and the parties or their counsel shall be accorded | ||||||
11 | ample opportunity to present any pertinent statements, | ||||||
12 | testimony, evidence, and arguments. The Department may | ||||||
13 | continue the hearing from time to time. In case the person, | ||||||
14 | after receiving the notice, fails to file an answer, his or her | ||||||
15 | license, may, in the discretion of the Department, be revoked, | ||||||
16 | suspended, placed on probationary status, or the Department | ||||||
17 | may take whatever disciplinary action considered proper, | ||||||
18 | including limiting the scope, nature, or extent of the | ||||||
19 | person's practice or the imposition of a fine, without a | ||||||
20 | hearing, if the act or acts charged constitute sufficient | ||||||
21 | grounds for that action under the Act. The written notice may | ||||||
22 | be served by email, by personal delivery , or by certified mail | ||||||
23 | to the accused's address of record.
| ||||||
24 | (Source: P.A. 97-168, eff. 7-22-11.)
| ||||||
25 | (225 ILCS 430/20) (from Ch. 111, par. 2421)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
2 | Sec. 20.
Any person affected by a final administrative | ||||||
3 | decision of the
Department may have such decision reviewed | ||||||
4 | judicially by the circuit court
of the county wherein such | ||||||
5 | person resides. If the plaintiff in the review
proceeding is | ||||||
6 | not a resident of this State, the venue shall be in Sangamon
| ||||||
7 | County. The provisions of the Administrative Review Law, and | ||||||
8 | all amendments
and modifications thereof, and the rules | ||||||
9 | adopted pursuant thereto, shall
apply to and govern all | ||||||
10 | proceedings for the judicial review of final administrative
| ||||||
11 | decisions of the Department hereunder. The term | ||||||
12 | "administrative decision"
is defined as in Section 3-101 of | ||||||
13 | the Code of Civil Procedure.
| ||||||
14 | The Department shall not be required to certify any record | ||||||
15 | to the court
or file any answer in court or otherwise appear in | ||||||
16 | any court in a judicial Judicial
review proceeding, unless and | ||||||
17 | until the Department has received from the plaintiff payment | ||||||
18 | of the costs of
furnishing and certifying the record which | ||||||
19 | costs shall be determined by the Department. Exhibits shall be | ||||||
20 | certified
without cost. Failure on the part of the plaintiff | ||||||
21 | to file a receipt in
court is grounds for dismissal of the | ||||||
22 | action.
| ||||||
23 | (Source: P.A. 97-168, eff. 7-22-11.)
| ||||||
24 | (225 ILCS 430/7.2 rep.) | ||||||
25 | (225 ILCS 430/16 rep.) |
| |||||||
| |||||||
1 | Section 65. The Detection of Deception Examiners Act is | ||||||
2 | amended by repealing Sections 7.2 and 16.
| ||||||
3 | Section 70. The Home Inspector License Act is amended by | ||||||
4 | changing Sections 1-10, 5-5, 5-10, 5-12, 5-16, 5-17, 5-20, | ||||||
5 | 5-25, 5-30, 10-10, 15-10, 15-15, 15-20, 15-55, 15-60, 20-5, | ||||||
6 | 25-15, and 25-27 and by adding Sections 1-12, 5-50, 15-10.1, | ||||||
7 | and 15-36 as follows:
| ||||||
8 | (225 ILCS 441/1-10)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
10 | Sec. 1-10. Definitions. As used in this Act, unless the | ||||||
11 | context
otherwise requires:
| ||||||
12 | "Address of record" means the designated street address , | ||||||
13 | which may not be a post office box, recorded by the Department | ||||||
14 | in the applicant's or licensee's application file or license | ||||||
15 | file as maintained by the Department's licensure maintenance | ||||||
16 | unit. It is the duty of the applicant or licensee to inform the | ||||||
17 | Department of any change of address and those changes must be | ||||||
18 | made either through the Department's website or by contacting | ||||||
19 | the Department. | ||||||
20 | "Applicant" means a person who applies to the Department | ||||||
21 | for a license under this
Act.
| ||||||
22 | "Client" means a person who engages or seeks to engage the | ||||||
23 | services of a
home inspector for an inspection assignment.
| ||||||
24 | "Department" means the Department of Financial and |
| |||||||
| |||||||
1 | Professional Regulation.
| ||||||
2 | "Email address of record" means the designated email | ||||||
3 | address recorded by the Department in the applicant's | ||||||
4 | application file or the licensee's license file, as maintained | ||||||
5 | by the Department. | ||||||
6 | "Home inspection" means the examination and evaluation of | ||||||
7 | the exterior and
interior components of residential real | ||||||
8 | property, which includes the inspection
of any 2 or more of the | ||||||
9 | following components of residential real property in
| ||||||
10 | connection with or to facilitate the sale, lease, or other | ||||||
11 | conveyance of, or
the proposed sale, lease or other conveyance | ||||||
12 | of, residential real property:
| ||||||
13 | (1) heating, ventilation, and air conditioning system;
| ||||||
14 | (2) plumbing system;
| ||||||
15 | (3) electrical system;
| ||||||
16 | (4) structural composition;
| ||||||
17 | (5) foundation;
| ||||||
18 | (6) roof;
| ||||||
19 | (7) masonry structure; or
| ||||||
20 | (8) any other residential real property component as | ||||||
21 | established by rule.
| ||||||
22 | "Home inspector" means a person or entity who, for another | ||||||
23 | and for compensation either
direct or indirect, performs home | ||||||
24 | inspections.
| ||||||
25 | "Home inspection report" or "inspection report" means a | ||||||
26 | written evaluation
prepared and issued by a home inspector |
| |||||||
| |||||||
1 | upon completion of a home inspection,
which meets the | ||||||
2 | standards of practice as established by the Department.
| ||||||
3 | "Inspection assignment" means an engagement for which a | ||||||
4 | home inspector is
employed or retained to conduct a home | ||||||
5 | inspection and prepare a home inspection
report.
| ||||||
6 | "License" means the privilege conferred by the Department | ||||||
7 | to a person who has fulfilled all requirements prerequisite to | ||||||
8 | any type of licensure under this Act. | ||||||
9 | "Licensee" means a home inspector, home inspector entity, | ||||||
10 | or home inspector education provider. | ||||||
11 | "Person" means individuals, entities, corporations, | ||||||
12 | limited liability
companies, registered limited liability | ||||||
13 | partnerships, and partnerships, foreign
or domestic, except | ||||||
14 | that when the context otherwise requires, the term may
refer | ||||||
15 | to a single individual or other described entity.
| ||||||
16 | "Residential real property" means real property that is | ||||||
17 | used or intended to
be used as a residence by one or more | ||||||
18 | individuals.
| ||||||
19 | "Secretary" means the Secretary of Financial and | ||||||
20 | Professional Regulation or the Secretary's designee . | ||||||
21 | "Standards of practice" means recognized standards and | ||||||
22 | codes to be used in a
home
inspection, as determined by the | ||||||
23 | Department and established by rule.
| ||||||
24 | (Source: P.A. 97-226, eff. 7-28-11.)
| ||||||
25 | (225 ILCS 441/1-12 new) |
| |||||||
| |||||||
1 | Sec. 1-12. Address of record; email address of record. All | ||||||
2 | applicants and licensees shall: | ||||||
3 | (1) provide a valid address and email address to the | ||||||
4 | Department, which shall serve as the address of record and | ||||||
5 | email address of record, respectively, at the time of | ||||||
6 | application for licensure or renewal of a license; and | ||||||
7 | (2) inform the Department of any change of address of | ||||||
8 | record or email address of record within 14 days after | ||||||
9 | such change through the Department's website or by | ||||||
10 | contacting the Department.
| ||||||
11 | (225 ILCS 441/5-5)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
13 | Sec. 5-5. Necessity of license; use of title; exemptions.
| ||||||
14 | (a) It is unlawful for any person, including any
entity, | ||||||
15 | to act or assume
to act as a home
inspector, to engage in the | ||||||
16 | business of home inspection, to develop a home
inspection | ||||||
17 | report, to practice as a home inspector, or to advertise or | ||||||
18 | hold oneself
himself, herself, or itself
out to be a home | ||||||
19 | inspector without a home inspector license issued under this
| ||||||
20 | Act. A person who violates this subsection is guilty of a Class | ||||||
21 | A misdemeanor for the first offense and a Class 4 felony for | ||||||
22 | the second and any subsequent offenses.
| ||||||
23 | (b) It is unlawful for any person, other than a
person who | ||||||
24 | holds a valid
home inspector license issued pursuant to this | ||||||
25 | Act, to use the title "home
inspector" or
any other title, |
| |||||||
| |||||||
1 | designation, or abbreviation likely to create the impression
| ||||||
2 | that the person is licensed as a home inspector pursuant to | ||||||
3 | this Act. A person
who violates this subsection is guilty of a | ||||||
4 | Class A misdemeanor.
| ||||||
5 | (c) The licensing requirements of this Article do not | ||||||
6 | apply to:
| ||||||
7 | (1) any person who is employed as a code enforcement | ||||||
8 | official by the State
of Illinois or any unit of local | ||||||
9 | government, while acting within the scope of
that | ||||||
10 | government employment;
| ||||||
11 | (2) any person licensed in this State by any other law | ||||||
12 | who is engaging in the profession or occupation for which | ||||||
13 | the person is licensed by the State of Illinois while
| ||||||
14 | acting within the scope of his or her license ; or
| ||||||
15 | (3) any person engaged by the owner or lessor of | ||||||
16 | residential real
property for the purpose of preparing a | ||||||
17 | bid or estimate as to the work
necessary or the costs | ||||||
18 | associated with performing home construction, home
| ||||||
19 | remodeling, or home repair work on the residential real | ||||||
20 | property, provided
such person does not hold himself or | ||||||
21 | herself out, or advertise or hold oneself out as himself | ||||||
22 | or
herself, as being engaged in business as a home | ||||||
23 | inspector.
| ||||||
24 | (d) The licensing of home inspector entities required | ||||||
25 | under this Act does not apply to an entity whose ownership | ||||||
26 | structure is one licensed home inspector operating a sole |
| |||||||
| |||||||
1 | proprietorship, a single member limited liability company, or | ||||||
2 | a single shareholder corporation, and that home inspector is | ||||||
3 | the only licensed home inspector performing inspections on the | ||||||
4 | entity's behalf. The licensed home inspector who is the sole | ||||||
5 | proprietor, sole shareholder, or single member of the company | ||||||
6 | or entity shall comply with all other provisions of this Act. | ||||||
7 | (Source: P.A. 97-226, eff. 7-28-11.)
| ||||||
8 | (225 ILCS 441/5-10)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
10 | Sec. 5-10. Application for home inspector license. | ||||||
11 | (a) Every natural person
who
desires to obtain a home | ||||||
12 | inspector license shall:
| ||||||
13 | (1) apply to the Department in a manner on forms | ||||||
14 | prescribed by the Department and accompanied by the | ||||||
15 | required
fee; all applications shall contain the | ||||||
16 | information that, in the judgment of the Department, | ||||||
17 | enables the Department to pass on the qualifications of | ||||||
18 | the applicant for a license to practice as a home | ||||||
19 | inspector as set by rule;
| ||||||
20 | (2) be at least 18 years of age;
| ||||||
21 | (3) successfully complete a 4-year course of study in | ||||||
22 | a high school or secondary school or an equivalent course | ||||||
23 | of study approved by the state in which the school is | ||||||
24 | located, or possess a high school equivalency certificate, | ||||||
25 | which shall be verified under oath by the applicant |
| |||||||
| |||||||
1 | provide evidence of having attained a high school diploma | ||||||
2 | or completed
an
equivalent course of study as determined | ||||||
3 | by an examination conducted by the
Illinois State Board of | ||||||
4 | Education ;
| ||||||
5 | (4) personally take and pass a written examination and | ||||||
6 | a field an examination authorized by the Department; and
| ||||||
7 | (5) prior to taking the examination, provide evidence
| ||||||
8 | to the Department that the applicant he or she has
| ||||||
9 | successfully completed the prerequisite classroom hours of | ||||||
10 | instruction in home
inspection, as established by rule.
| ||||||
11 | (b) The Department shall not require applicants to report | ||||||
12 | the following information and shall not consider the following | ||||||
13 | criminal history records in connection with an application for | ||||||
14 | licensure or registration: | ||||||
15 | (1) juvenile adjudications of delinquent minors as | ||||||
16 | defined in Section 5-105 of the Juvenile Court Act of 1987 | ||||||
17 | subject to the restrictions set forth in Section 5-130 of | ||||||
18 | that Act; | ||||||
19 | (2) law enforcement records, court records, and | ||||||
20 | conviction records of an individual who was 17 years old | ||||||
21 | at the time of the offense and before January 1, 2014, | ||||||
22 | unless the nature of the offense required the individual | ||||||
23 | to be tried as an adult; | ||||||
24 | (3) records of arrest not followed by a charge or | ||||||
25 | conviction; | ||||||
26 | (4) records of arrest where the charges were dismissed |
| |||||||
| |||||||
1 | unless related to the practice of the profession; however, | ||||||
2 | applicants shall not be asked to report any arrests, and | ||||||
3 | an arrest not followed by a conviction shall not be the | ||||||
4 | basis of denial and may be used only to assess an | ||||||
5 | applicant's rehabilitation; | ||||||
6 | (5) convictions overturned by a higher court; or | ||||||
7 | (6) convictions or arrests that have been sealed or | ||||||
8 | expunged. | ||||||
9 | (c) An applicant or licensee shall report to the | ||||||
10 | Department, in a manner prescribed by the Department, upon | ||||||
11 | application and within 30 days after the occurrence, if during | ||||||
12 | the term of licensure, (i) any conviction of or plea of guilty | ||||||
13 | or nolo contendere to forgery, embezzlement, obtaining money | ||||||
14 | under false pretenses, larceny, extortion, conspiracy to | ||||||
15 | defraud, or any similar offense or offenses or any conviction | ||||||
16 | of a felony involving moral turpitude, (ii) the entry of an | ||||||
17 | administrative sanction by a government agency in this State | ||||||
18 | or any other jurisdiction that has as an essential element | ||||||
19 | dishonesty or fraud or involves larceny, embezzlement, or | ||||||
20 | obtaining money, property, or credit by false pretenses, or | ||||||
21 | (iii) a crime that subjects the licensee to compliance with | ||||||
22 | the requirements of the Sex Offender Registration Act. | ||||||
23 | (d) Applicants have 3 years after the date of the | ||||||
24 | application to complete the application process. If the | ||||||
25 | process has not been completed within 3 years, the application | ||||||
26 | shall be denied, the fee forfeited, and the applicant must |
| |||||||
| |||||||
1 | reapply and meet the requirements in effect at the time of | ||||||
2 | reapplication. | ||||||
3 | (Source: P.A. 100-892, eff. 8-14-18.)
| ||||||
4 | (225 ILCS 441/5-12)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
6 | Sec. 5-12. Application for home inspector license; entity. | ||||||
7 | Every
entity that is not a natural person that desires to | ||||||
8 | obtain a home inspector
license shall apply to the Department | ||||||
9 | in a manner prescribed on forms provided by the Department and
| ||||||
10 | accompanied by the required fee.
| ||||||
11 | Applicants have 3 years after the date of the application | ||||||
12 | to complete the application process. If the process has not | ||||||
13 | been completed within 3 years, the application shall be | ||||||
14 | denied, the fee forfeited, and the applicant must reapply and | ||||||
15 | meet the requirements in effect at the time of reapplication. | ||||||
16 | A corporation, limited liability company, partnership, or | ||||||
17 | entity shall, as a condition of licensure, designate a | ||||||
18 | managing licensed home inspector. The managing home inspector | ||||||
19 | of any home inspector entity shall be responsible for the | ||||||
20 | actions of all licensed and unlicensed employees, agents, and | ||||||
21 | representatives of that home inspector entity while it is | ||||||
22 | providing a home inspection or home inspection service. All | ||||||
23 | other requirements for home inspector entities shall be | ||||||
24 | established by rule. | ||||||
25 | (Source: P.A. 97-226, eff. 7-28-11.)
|
| |||||||
| |||||||
1 | (225 ILCS 441/5-16)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
3 | Sec. 5-16. Renewal of license.
| ||||||
4 | (a) The expiration date and renewal period for a home | ||||||
5 | inspector license
issued under this Act shall be set by rule. | ||||||
6 | Except as otherwise provided in
subsections (b) and (c) of | ||||||
7 | this Section, the holder of a license may renew the
license | ||||||
8 | within 90 days preceding the expiration date by:
| ||||||
9 | (1) completing and submitting to the Department a | ||||||
10 | renewal application in a manner prescribed form as
| ||||||
11 | provided by the Department;
| ||||||
12 | (2) paying the required fees; and
| ||||||
13 | (3) providing evidence of successful completion of the | ||||||
14 | continuing
education requirements through courses approved | ||||||
15 | by the Department given by
education providers licensed by | ||||||
16 | the Department, as established by rule.
| ||||||
17 | (b) A home inspector whose license under this Act has | ||||||
18 | expired may
renew the license for a period of 2 years following | ||||||
19 | the expiration
date by complying with the requirements of | ||||||
20 | subparagraphs (1), (2), and (3) of
subsection (a) of
this
| ||||||
21 | Section and paying any late penalties established by rule.
| ||||||
22 | (c) Notwithstanding subsection (b), a
home inspector whose | ||||||
23 | license under this Act has expired may renew
the license | ||||||
24 | without paying any lapsed
renewal fees or late penalties if | ||||||
25 | (i) the license expired while the home
inspector was on
active |
| |||||||
| |||||||
1 | duty with the United States Armed Services, (ii) application | ||||||
2 | for renewal
is made within
2 years following the termination | ||||||
3 | of the military service or related education,
training, or
| ||||||
4 | employment, and (iii) the applicant furnishes to the | ||||||
5 | Department an affidavit that the applicant he or
she was so | ||||||
6 | engaged.
| ||||||
7 | (d) The Department shall provide reasonable care and due | ||||||
8 | diligence to ensure that each
licensee under this Act is | ||||||
9 | provided a renewal application at least 90 days
prior to the
| ||||||
10 | expiration date, but it is the responsibility of each licensee | ||||||
11 | to renew the
his or her license prior to its expiration date.
| ||||||
12 | (Source: P.A. 97-226, eff. 7-28-11.)
| ||||||
13 | (225 ILCS 441/5-17)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
15 | Sec. 5-17. Renewal of home inspector license; entity.
| ||||||
16 | (a) The expiration date and renewal period for a home | ||||||
17 | inspector
license for an entity that is not a natural person | ||||||
18 | shall be set by rule. The
holder of
a license may renew the | ||||||
19 | license within 90 days preceding the
expiration date by | ||||||
20 | completing and submitting to the Department a renewal
| ||||||
21 | application in a manner prescribed form as provided by the | ||||||
22 | Department and paying the required fees.
| ||||||
23 | (b) An entity that is not a natural person whose license | ||||||
24 | under this Act has
expired may renew the license for a period | ||||||
25 | of 2 years following
the expiration date by complying with the |
| |||||||
| |||||||
1 | requirements of subsection
(a) of this Section and paying any | ||||||
2 | late penalties established
by rule.
| ||||||
3 | (Source: P.A. 97-226, eff. 7-28-11.)
| ||||||
4 | (225 ILCS 441/5-20)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
6 | Sec. 5-20. Endorsement. The Department may, in its | ||||||
7 | discretion, license as a home inspector, by endorsement, on | ||||||
8 | payment of the required fee, an applicant who is a home | ||||||
9 | inspector licensed under the laws of another state or | ||||||
10 | territory, if (i) the requirements for licensure in the state | ||||||
11 | or territory in which the applicant was licensed were, at the | ||||||
12 | date of his or her licensure, substantially equivalent to the | ||||||
13 | requirements in force in this State on that date or (ii) there | ||||||
14 | were no requirements in force in this State on the date of his | ||||||
15 | or her licensure and the applicant possessed individual | ||||||
16 | qualifications on that date that are substantially similar to | ||||||
17 | the requirements under this Act. The Department may adopt any | ||||||
18 | rules necessary to implement this Section. | ||||||
19 | Applicants have 3 years after the date of application to | ||||||
20 | complete the application process. If the process has not been | ||||||
21 | completed within 3 years, the application shall be denied, the | ||||||
22 | fee forfeited, and the applicant must reapply and meet the | ||||||
23 | requirements in effect at the time of reapplication.
| ||||||
24 | (Source: P.A. 97-226, eff. 7-28-11.)
|
| |||||||
| |||||||
1 | (225 ILCS 441/5-25)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
3 | Sec. 5-25. Pre-license education requirements. The | ||||||
4 | prerequisite curriculum and
classroom hours necessary for a | ||||||
5 | person to be approved to sit for the
examination for a home | ||||||
6 | inspector shall be established by rule. Approved education, as | ||||||
7 | prescribed by this Act and its associated administrative rules | ||||||
8 | for licensure as a home inspector, shall be valid for 2 years | ||||||
9 | after the date of satisfactory completion of the education.
| ||||||
10 | (Source: P.A. 92-239, eff. 8-3-01 .)
| ||||||
11 | (225 ILCS 441/5-30)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
13 | Sec. 5-30. Continuing education renewal requirements. The | ||||||
14 | continuing
education requirements for a person to renew a | ||||||
15 | license as a home inspector
shall be established by rule. The | ||||||
16 | Department shall establish a continuing education completion | ||||||
17 | deadline for home inspector licensees and require evidence of | ||||||
18 | compliance with continuing education requirements in a manner | ||||||
19 | established by rule before the renewal of a license.
| ||||||
20 | (Source: P.A. 100-831, eff. 1-1-19 .)
| ||||||
21 | (225 ILCS 441/5-50 new) | ||||||
22 | Sec. 5-50. Insurance. | ||||||
23 | (a) All applicants for a home inspector license and all | ||||||
24 | licensees shall maintain general liability insurance in an |
| |||||||
| |||||||
1 | amount of not less than $100,000. | ||||||
2 | (b) Failure of an applicant or a licensee to carry and | ||||||
3 | maintain the insurance required by this Section, to timely | ||||||
4 | submit proof of coverage upon the Department's request, or to | ||||||
5 | timely report any claims made against such policies of | ||||||
6 | insurance shall be grounds for the denial of an application to | ||||||
7 | renew a license, or the suspension or revocation of the | ||||||
8 | license. | ||||||
9 | (c) The policies of insurance submitted by an applicant | ||||||
10 | for a new license or an applicant for renewal of a license must | ||||||
11 | include the name of the applicant as it appears or will appear | ||||||
12 | on the license. | ||||||
13 | (d) A home inspector shall maintain the insurance required | ||||||
14 | by this Section for at least one year after the latest home | ||||||
15 | inspection report the home inspector delivered. | ||||||
16 | (e) The Department may adopt rules to implement this | ||||||
17 | Section.
| ||||||
18 | (225 ILCS 441/10-10)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
20 | Sec. 10-10. Retention of records. A person licensed under | ||||||
21 | this Act shall
retain the original or a true and exact copy of | ||||||
22 | all written contracts that engage the licensee's engaging
his | ||||||
23 | or her services as a home inspector and all home inspection | ||||||
24 | reports,
including any supporting data used to develop the | ||||||
25 | home inspection report, for a
period of 5 years or 2 years |
| |||||||
| |||||||
1 | after the final disposition of any judicial
proceeding, which | ||||||
2 | includes any appeal, in which testimony was given, whichever | ||||||
3 | is longer.
| ||||||
4 | (Source: P.A. 97-226, eff. 7-28-11.)
| ||||||
5 | (225 ILCS 441/15-10)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
7 | Sec. 15-10. Grounds for disciplinary action.
| ||||||
8 | (a) The Department may refuse to issue or renew, or may | ||||||
9 | revoke, suspend, place on probation, reprimand, or take other | ||||||
10 | disciplinary or non-disciplinary action as the Department may | ||||||
11 | deem appropriate, including imposing fines not to exceed | ||||||
12 | $25,000 for each violation, with regard to any license for any | ||||||
13 | one or combination of the following:
| ||||||
14 | (1) Fraud or misrepresentation in applying for, or | ||||||
15 | procuring a license under this Act or in connection with | ||||||
16 | applying for renewal of a license under this Act.
| ||||||
17 | (2) Failing to meet the minimum qualifications for | ||||||
18 | licensure as a home
inspector established by this Act.
| ||||||
19 | (3) Paying money, other than for the fees provided for | ||||||
20 | by this Act, or
anything of value to an employee of the | ||||||
21 | Department to procure licensure under this Act.
| ||||||
22 | (4) Conviction of, or by plea of guilty or nolo | ||||||
23 | contendere, or finding as enumerated in subsection (c) of | ||||||
24 | Section 5-10, of guilt, jury verdict, or entry of judgment | ||||||
25 | or by sentencing of any crime, including, but not limited |
| |||||||
| |||||||
1 | to, convictions, preceding sentences of supervision, | ||||||
2 | conditional discharge, or first offender probation, under | ||||||
3 | the laws of any jurisdiction of the United States: (i) | ||||||
4 | that is a felony , ; (ii) that is a misdemeanor, or | ||||||
5 | administrative sanction, or (ii) an essential element of | ||||||
6 | which is dishonesty, or that is directly related to the | ||||||
7 | practice of the profession; or (iii) that is a crime that | ||||||
8 | subjects the licensee to compliance with the requirements | ||||||
9 | of the Sex Offender Registration Act.
| ||||||
10 | (5) Committing an act or omission involving | ||||||
11 | dishonesty, fraud, or
misrepresentation
with the intent to | ||||||
12 | substantially benefit the licensee or another person or | ||||||
13 | with
the intent to substantially injure another person.
| ||||||
14 | (6) Violating a provision or standard for the | ||||||
15 | development or
communication of home inspections as | ||||||
16 | provided in Section 10-5 of this Act or as
defined in the | ||||||
17 | rules.
| ||||||
18 | (7) Failing or refusing to exercise reasonable
| ||||||
19 | diligence
in the development, reporting, or communication | ||||||
20 | of a home inspection report, as
defined
by this Act or the | ||||||
21 | rules.
| ||||||
22 | (8) Violating a provision of this Act or the rules.
| ||||||
23 | (9) Having been disciplined by another state, the | ||||||
24 | District of Columbia, a
territory, a foreign nation, a | ||||||
25 | governmental agency, or any other entity
authorized to | ||||||
26 | impose discipline if at least one of the grounds for
that
|
| |||||||
| |||||||
1 | discipline is the same as or substantially equivalent to | ||||||
2 | one of the grounds
for which a licensee may be disciplined | ||||||
3 | under this Act.
| ||||||
4 | (10) Engaging in dishonorable, unethical, or | ||||||
5 | unprofessional conduct of a
character likely to deceive, | ||||||
6 | defraud, or harm the public.
| ||||||
7 | (11) Accepting an inspection assignment when the | ||||||
8 | employment itself is
contingent upon the home inspector | ||||||
9 | reporting a predetermined analysis or
opinion, or when the | ||||||
10 | fee to be paid is contingent upon the analysis, opinion,
| ||||||
11 | or conclusion reached or upon the consequences resulting | ||||||
12 | from the home
inspection assignment.
| ||||||
13 | (12) Developing home inspection opinions or | ||||||
14 | conclusions based on the race,
color, religion, sex, | ||||||
15 | national origin, ancestry, age, marital status, family
| ||||||
16 | status, physical or mental disability, military status, or | ||||||
17 | unfavorable discharge from military status discharge , | ||||||
18 | sexual orientation, order of protection status, or | ||||||
19 | pregnancy, as
defined under the Illinois Human Rights Act, | ||||||
20 | of the prospective or present
owners or occupants of the | ||||||
21 | area or property under home inspection.
| ||||||
22 | (13) Being adjudicated liable in a civil proceeding on | ||||||
23 | grounds of
fraud,
misrepresentation, or deceit. In a | ||||||
24 | disciplinary proceeding based upon a
finding of civil | ||||||
25 | liability, the home inspector shall be
afforded an | ||||||
26 | opportunity to present mitigating and extenuating |
| |||||||
| |||||||
1 | circumstances,
but may not collaterally attack the civil | ||||||
2 | adjudication.
| ||||||
3 | (14) Being adjudicated liable in a civil proceeding | ||||||
4 | for violation of
a
State or federal fair housing law.
| ||||||
5 | (15) Engaging in misleading or untruthful advertising | ||||||
6 | or using a trade
name or insignia of membership in a home | ||||||
7 | inspection organization of
which the licensee is not a | ||||||
8 | member.
| ||||||
9 | (16) Failing, within 30 days, to provide information | ||||||
10 | in response to a written request made by the Department.
| ||||||
11 | (17) Failing to include within the home inspection | ||||||
12 | report the home
inspector's license number and the date of | ||||||
13 | expiration of the license. The names of (i) all persons | ||||||
14 | who conducted the home inspection; and (ii) all persons | ||||||
15 | who prepared the subsequent written evaluation or any part | ||||||
16 | thereof must be disclosed in the report. All
home | ||||||
17 | inspectors providing significant contribution to the | ||||||
18 | development and
reporting of a home inspection must be | ||||||
19 | disclosed in the home inspection report.
It is a violation | ||||||
20 | of this Act for a home inspector to sign a home inspection
| ||||||
21 | report knowing that the names of all such persons have a | ||||||
22 | person providing a significant contribution to the report
| ||||||
23 | has not been disclosed in the home inspection report.
| ||||||
24 | (18) Advising a client as to whether the client should | ||||||
25 | or should not
engage in a transaction regarding the | ||||||
26 | residential real property that is the
subject of the home |
| |||||||
| |||||||
1 | inspection.
| ||||||
2 | (19) Performing a home inspection in a manner that | ||||||
3 | damages or alters the
residential real property that is | ||||||
4 | the subject of the home inspection without
the consent of | ||||||
5 | the owner.
| ||||||
6 | (20) Performing a home inspection when the home | ||||||
7 | inspector is providing
or may also provide other services | ||||||
8 | in connection with the residential real
property or | ||||||
9 | transaction, or has an interest in the residential real | ||||||
10 | property,
without providing prior written notice of the | ||||||
11 | potential or actual conflict and
obtaining the prior | ||||||
12 | consent of the client as provided by rule.
| ||||||
13 | (21) Aiding or assisting another person in violating | ||||||
14 | any provision of this Act or rules adopted under this Act. | ||||||
15 | (22) Inability to practice with reasonable judgment, | ||||||
16 | skill, or safety as a result of habitual or excessive use | ||||||
17 | or addiction to alcohol, narcotics, stimulants, or any | ||||||
18 | other chemical agent or drug. | ||||||
19 | (23) A finding by the Department that the licensee, | ||||||
20 | after having the his or her license placed on probationary | ||||||
21 | status, has violated the terms of probation. | ||||||
22 | (24) Willfully making or filing false records or | ||||||
23 | reports related to the in his or her practice of home | ||||||
24 | inspection , including, but not limited to, false records | ||||||
25 | filed with State agencies or departments. | ||||||
26 | (25) Charging for professional services not rendered, |
| |||||||
| |||||||
1 | including filing false statements for the collection of | ||||||
2 | fees for which services are not rendered. | ||||||
3 | (26) Practicing under a false or, except as provided | ||||||
4 | by law, an assumed name. | ||||||
5 | (27) Cheating on or attempting to subvert the | ||||||
6 | licensing examination administered under this Act. | ||||||
7 | (28) Engaging in any of the following prohibited | ||||||
8 | fraudulent, false, deceptive, or misleading advertising | ||||||
9 | practices: | ||||||
10 | (i) advertising as a home inspector or operating a | ||||||
11 | home inspection business entity unless there is a duly | ||||||
12 | licensed home inspector responsible for all inspection | ||||||
13 | activities and all inspections; | ||||||
14 | (ii) advertising that contains a misrepresentation | ||||||
15 | of facts or false statements regarding the licensee's | ||||||
16 | professional achievements, degrees, training, skills, | ||||||
17 | or qualifications in the home inspection profession or | ||||||
18 | any other profession requiring licensure; | ||||||
19 | (iii) advertising that makes only a partial | ||||||
20 | disclosure of relevant facts related to pricing or | ||||||
21 | home inspection services; and | ||||||
22 | (iv) advertising that claims this State or any of | ||||||
23 | its political subdivisions endorse the home inspection | ||||||
24 | report or its contents. | ||||||
25 | (29) Disclosing, except as otherwise required by law, | ||||||
26 | inspection results or client information obtained without |
| |||||||
| |||||||
1 | the client's written consent. A home inspector shall not | ||||||
2 | deliver a home inspection report to any person other than | ||||||
3 | the client of the home inspector without the client's | ||||||
4 | written consent. | ||||||
5 | (30) Providing fees, gifts, waivers of liability, or | ||||||
6 | other forms of compensation or gratuities to persons | ||||||
7 | licensed under any real estate professional licensing act | ||||||
8 | in this State as consideration or inducement for the | ||||||
9 | referral of business. | ||||||
10 | (b) The Department may suspend, revoke,
or refuse to issue
| ||||||
11 | or renew an education provider's license, may reprimand, place | ||||||
12 | on probation, or
otherwise discipline
an education provider
| ||||||
13 | licensee, and may suspend or revoke the course approval of any | ||||||
14 | course offered
by an education provider, for any of the | ||||||
15 | following:
| ||||||
16 | (1) Procuring or attempting to procure licensure by | ||||||
17 | knowingly making a
false statement, submitting false | ||||||
18 | information, making any form of fraud or
| ||||||
19 | misrepresentation, or refusing to provide complete | ||||||
20 | information in response to a
question in an application | ||||||
21 | for licensure.
| ||||||
22 | (2) Failing to comply with the covenants certified to | ||||||
23 | on the application
for licensure as an education provider.
| ||||||
24 | (3) Committing an act or omission involving | ||||||
25 | dishonesty, fraud, or
misrepresentation
or allowing any | ||||||
26 | such act or omission by any employee or contractor under |
| |||||||
| |||||||
1 | the
control of the education provider.
| ||||||
2 | (4) Engaging in misleading or untruthful advertising.
| ||||||
3 | (5) Failing to retain competent instructors in | ||||||
4 | accordance with rules
adopted under this Act.
| ||||||
5 | (6) Failing to meet the topic or time requirements for | ||||||
6 | course approval as
the provider of a pre-license | ||||||
7 | curriculum course or a continuing education
course.
| ||||||
8 | (7) Failing to administer an approved course using the | ||||||
9 | course materials,
syllabus, and examinations submitted as | ||||||
10 | the basis of the course approval.
| ||||||
11 | (8) Failing to provide an appropriate classroom | ||||||
12 | environment for
presentation of courses, with | ||||||
13 | consideration for student comfort, acoustics,
lighting, | ||||||
14 | seating, workspace, and visual aid material.
| ||||||
15 | (9) Failing to maintain student records in compliance | ||||||
16 | with the rules
adopted
under this Act.
| ||||||
17 | (10) Failing to provide a certificate, transcript, or | ||||||
18 | other student
record to the Department or to a student as | ||||||
19 | may be required by rule.
| ||||||
20 | (11) Failing to fully cooperate with a Department | ||||||
21 | investigation by knowingly
making a false statement, | ||||||
22 | submitting false or misleading information, or
refusing to | ||||||
23 | provide complete information in
response to written | ||||||
24 | interrogatories or a written request for
documentation | ||||||
25 | within 30 days of the request.
| ||||||
26 | (c) (Blank). In appropriate cases, the Department may |
| |||||||
| |||||||
1 | resolve a complaint against a licensee
through the issuance of | ||||||
2 | a Consent to Administrative Supervision order. A
licensee | ||||||
3 | subject to a Consent to Administrative Supervision order
shall | ||||||
4 | be considered by the Department as an active licensee in good | ||||||
5 | standing.
This order shall not be reported as or considered by | ||||||
6 | the Department to be a discipline of
the licensee.
The records | ||||||
7 | regarding an investigation and a Consent to Administrative
| ||||||
8 | Supervision order shall be considered confidential and shall | ||||||
9 | not be released by
the Department except as
mandated by law. | ||||||
10 | The complainant shall be notified that his or her
complaint | ||||||
11 | has been resolved by a Consent to Administrative Supervision | ||||||
12 | order.
| ||||||
13 | (d) The Department may refuse to issue or may suspend | ||||||
14 | without hearing, as provided for in the Code of Civil | ||||||
15 | Procedure, the license of any person who fails to file a tax | ||||||
16 | return, to pay the tax, penalty, or interest shown in a filed | ||||||
17 | tax return, or to pay any final assessment of tax, penalty, or | ||||||
18 | interest, as required by any tax Act administered by the | ||||||
19 | Illinois Department of Revenue, until such time as the | ||||||
20 | requirements of the tax Act are satisfied in accordance with | ||||||
21 | subsection (g) of Section 2105-15 of the Civil Administrative | ||||||
22 | Code of Illinois. | ||||||
23 | (e) (Blank). | ||||||
24 | (f) In cases where the Department of Healthcare and Family | ||||||
25 | Services has previously determined that a licensee or a | ||||||
26 | potential licensee is more than 30 days delinquent in the |
| |||||||
| |||||||
1 | payment of child support and has subsequently certified the | ||||||
2 | delinquency to the Department, the Department may refuse to | ||||||
3 | issue or renew or may revoke or suspend that person's license | ||||||
4 | or may take other disciplinary action against that person | ||||||
5 | based solely upon the certification of delinquency made by the | ||||||
6 | Department of Healthcare and Family Services in accordance | ||||||
7 | with item (5) of subsection (a) of Section 2105-15 of the Civil | ||||||
8 | Administrative Code of Illinois. | ||||||
9 | (g) The determination by a circuit court that a licensee | ||||||
10 | is subject to involuntary admission or judicial admission, as | ||||||
11 | provided in the Mental Health and Developmental Disabilities | ||||||
12 | Code, operates as an automatic suspension. The suspension will | ||||||
13 | end only upon a finding by a court that the patient is no | ||||||
14 | longer subject to involuntary admission or judicial admission | ||||||
15 | and the issuance of a court order so finding and discharging | ||||||
16 | the patient. | ||||||
17 | (h) (Blank). In enforcing this Act, the Department, upon a | ||||||
18 | showing of a possible violation, may compel an individual | ||||||
19 | licensed to practice under this Act, or who has applied for | ||||||
20 | licensure under this Act, to submit to a mental or physical | ||||||
21 | examination, or both, as required by and at the expense of the | ||||||
22 | Department. The Department may order the examining physician | ||||||
23 | to present testimony concerning the mental or physical | ||||||
24 | examination of the licensee or applicant. No information shall | ||||||
25 | be excluded by reason of any common law or statutory privilege | ||||||
26 | relating to communications between the licensee or applicant |
| |||||||
| |||||||
1 | and the examining physician. The examining physician shall be | ||||||
2 | specifically designated by the Department. The individual to | ||||||
3 | be examined may have, at his or her own expense, another | ||||||
4 | physician of his or her choice present during all aspects of | ||||||
5 | this examination. The examination shall be performed by a | ||||||
6 | physician licensed to practice medicine in all its branches. | ||||||
7 | Failure of an individual to submit to a mental or physical | ||||||
8 | examination, when directed, shall result in an automatic | ||||||
9 | suspension without hearing. | ||||||
10 | A person holding a license under this Act or who has | ||||||
11 | applied for a license under this Act, who, because of a | ||||||
12 | physical or mental illness or disability, including, but not | ||||||
13 | limited to, deterioration through the aging process or loss of | ||||||
14 | motor skill, is unable to practice the profession with | ||||||
15 | reasonable judgment, skill, or safety, may be required by the | ||||||
16 | Department to submit to care, counseling, or treatment by | ||||||
17 | physicians approved or designated by the Department as a | ||||||
18 | condition, term, or restriction for continued, reinstated, or | ||||||
19 | renewed licensure to practice. Submission to care, counseling, | ||||||
20 | or treatment as required by the Department shall not be | ||||||
21 | considered discipline of a license. If the licensee refuses to | ||||||
22 | enter into a care, counseling, or treatment agreement or fails | ||||||
23 | to abide by the terms of the agreement, the Department may file | ||||||
24 | a complaint to revoke, suspend, or otherwise discipline the | ||||||
25 | license of the individual. The Secretary may order the license | ||||||
26 | suspended immediately, pending a hearing by the Department. |
| |||||||
| |||||||
1 | Fines shall not be assessed in disciplinary actions involving | ||||||
2 | physical or mental illness or impairment. | ||||||
3 | In instances in which the Secretary immediately suspends a | ||||||
4 | person's license under this Section, a hearing on that | ||||||
5 | person's license must be convened by the Department within 15 | ||||||
6 | days after the suspension and completed without appreciable | ||||||
7 | delay. The Department shall have the authority to review the | ||||||
8 | subject individual's record of treatment and counseling | ||||||
9 | regarding the impairment to the extent permitted by applicable | ||||||
10 | federal statutes and regulations safeguarding the | ||||||
11 | confidentiality of medical records. | ||||||
12 | An individual licensed under this Act and affected under | ||||||
13 | this Section shall be afforded an opportunity to demonstrate | ||||||
14 | to the Department that he or she can resume practice in | ||||||
15 | compliance with acceptable and prevailing standards under the | ||||||
16 | provisions of his or her license. | ||||||
17 | (Source: P.A. 100-872, eff. 8-14-18.)
| ||||||
18 | (225 ILCS 441/15-10.1 new) | ||||||
19 | Sec. 15-10.1. Citations. | ||||||
20 | (a) The Department may adopt rules to permit the issuance | ||||||
21 | of citations to any licensee for failure to comply with the | ||||||
22 | continuing education requirements set forth in this Act or as | ||||||
23 | established by rule. The citation shall be issued to the | ||||||
24 | licensee and shall contain the licensee's name, the licensee's | ||||||
25 | address, the licensee's license number, the number of required |
| |||||||
| |||||||
1 | hours of continuing education that have not been successfully | ||||||
2 | completed by the licensee within the renewal period, and the | ||||||
3 | penalty imposed, which shall not exceed $2,000. The issuance | ||||||
4 | of a citation shall not excuse the licensee from completing | ||||||
5 | all continuing education required for that renewal period. | ||||||
6 | (b) Service of a citation shall be made in person, | ||||||
7 | electronically, or by mail to the licensee at the licensee's | ||||||
8 | address of record or email address of record, and the citation | ||||||
9 | must clearly state that if the cited licensee wishes to | ||||||
10 | dispute the citation, the cited licensee may make a written | ||||||
11 | request, within 30 days after the citation is served, for a | ||||||
12 | hearing before the Department. If the cited licensee does not | ||||||
13 | request a hearing within 30 days after the citation is served, | ||||||
14 | then the citation shall become a final, non-disciplinary | ||||||
15 | order, and any fine imposed is due and payable within 60 days | ||||||
16 | after that final order. If the cited licensee requests a | ||||||
17 | hearing within 30 days after the citation is served, the | ||||||
18 | Department shall afford the cited licensee a hearing conducted | ||||||
19 | in the same manner as a hearing provided for in this Act for | ||||||
20 | any violation of this Act and shall determine whether the | ||||||
21 | cited licensee committed the violation as charged and whether | ||||||
22 | the fine as levied is warranted. If the violation is found, any | ||||||
23 | fine shall constitute non-public discipline and be due and | ||||||
24 | payable within 30 days after the order of the Secretary, which | ||||||
25 | shall constitute a final order of the Department. No change in | ||||||
26 | license status may be made by the Department until a final |
| |||||||
| |||||||
1 | order of the Department has been issued. | ||||||
2 | (c) Payment of a fine that has been assessed pursuant to | ||||||
3 | this Section shall not constitute disciplinary action | ||||||
4 | reportable on the Department's website or elsewhere unless a | ||||||
5 | licensee has previously received 2 or more citations and been | ||||||
6 | assessed 2 or more fines. | ||||||
7 | (d) Nothing in this Section shall prohibit or limit the | ||||||
8 | Department from taking further action pursuant to this Act and | ||||||
9 | rules for additional, repeated, or continuing violations.
| ||||||
10 | (225 ILCS 441/15-15)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
12 | Sec. 15-15. Investigation; notice; hearing. The Department | ||||||
13 | may investigate the actions of any applicant or licensee or of | ||||||
14 | any person or persons rendering or offering to render home | ||||||
15 | inspection services or any person holding or claiming to hold | ||||||
16 | a license as a home inspector. The Department shall, before | ||||||
17 | refusing to issue or renew a license or to discipline a | ||||||
18 | licensee pursuant to Section 15-10, at least 30 days prior to | ||||||
19 | the date set for the hearing, (i) notify the accused in | ||||||
20 | writing, of the charges made and the time and place for the | ||||||
21 | hearing on the charges, (ii) direct the licensee or applicant | ||||||
22 | him or her to file a written answer with the Department under | ||||||
23 | oath within 20 days after the service of the notice, and (iii) | ||||||
24 | inform the applicant or licensee that failure to file an | ||||||
25 | answer will result in a default judgment being entered against |
| |||||||
| |||||||
1 | the applicant or licensee. At the time and place fixed in the | ||||||
2 | notice, the Department shall proceed to hear the charges and | ||||||
3 | the parties of their counsel shall be accorded ample | ||||||
4 | opportunity to present any pertinent statements, testimony, | ||||||
5 | evidence, and arguments. The Department may continue the | ||||||
6 | hearing from time to time. In case the person, after receiving | ||||||
7 | the notice, fails to file an answer, the his or her license, | ||||||
8 | may, in the discretion of the Department, be revoked, | ||||||
9 | suspended, placed on probationary status, or the Department | ||||||
10 | may take whatever disciplinary actions considered proper, | ||||||
11 | including limiting the scope, nature, or extent of the | ||||||
12 | person's practice or the imposition of a fine, without a | ||||||
13 | hearing, if the act or acts charged constitute sufficient | ||||||
14 | grounds for that action under the Act. The notice may be served | ||||||
15 | by personal delivery, by mail, or, at the discretion of the | ||||||
16 | Department, by electronic means to the address of record or | ||||||
17 | email address of record specified by the accused as last | ||||||
18 | updated with the Department. The written notice may be served | ||||||
19 | by personal delivery or by certified mail to the accused's | ||||||
20 | address of record.
| ||||||
21 | A copy of the hearing officer's report or any Order of | ||||||
22 | Default, along with a copy of the original complaint giving | ||||||
23 | rise to the action, shall be served upon the applicant, | ||||||
24 | licensee, or unlicensed person by the Department to the | ||||||
25 | applicant, licensee, or unlicensed individual in the manner | ||||||
26 | provided in this Act for the service of a notice of hearing. |
| |||||||
| |||||||
1 | Within 20 days after service, the applicant or licensee may | ||||||
2 | present to the Department a motion in writing for a rehearing, | ||||||
3 | which shall specify the particular grounds for rehearing. The | ||||||
4 | Department may respond to the motion, or if a motion for | ||||||
5 | rehearing is denied, then upon denial, the Secretary may enter | ||||||
6 | an order in accordance with the recommendations of the hearing | ||||||
7 | officer. If the applicant or licensee orders from the | ||||||
8 | reporting service and pays for a transcript of the record | ||||||
9 | within the time for filing a motion for rehearing, then the | ||||||
10 | 20-day period during which a motion may be filed shall | ||||||
11 | commence upon the delivery of the transcript to the applicant | ||||||
12 | or licensee. | ||||||
13 | (Source: P.A. 97-226, eff. 7-28-11.)
| ||||||
14 | (225 ILCS 441/15-20)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
16 | Sec. 15-20. Administrative Review Law; certification fees;
| ||||||
17 | Illinois Administrative Procedure Act. | ||||||
18 | (a) All final administrative decisions of the Department | ||||||
19 | under this Act
are subject to
judicial review pursuant to the | ||||||
20 | provisions of the Administrative Review Law and
the rules | ||||||
21 | adopted pursuant thereto. The term "administrative decision" | ||||||
22 | has the
meaning ascribed to it in Section 3-101 of the | ||||||
23 | Administrative
Review Law.
| ||||||
24 | (b) The Department shall not be required to certify any | ||||||
25 | record to the court or file any answer in court or otherwise |
| |||||||
| |||||||
1 | appear in any court in a judicial review proceeding, unless | ||||||
2 | and until the Department has received from the plaintiff | ||||||
3 | payment of the costs of furnishing and certifying the record, | ||||||
4 | which costs shall be determined by the Department. Exhibits | ||||||
5 | shall be certified without cost. Failure on the part of the | ||||||
6 | plaintiff to file a receipt in court is grounds for dismissal | ||||||
7 | of the action.
| ||||||
8 | (c) The Illinois Administrative Procedure Act is hereby | ||||||
9 | expressly
adopted
and incorporated herein. In the event of a | ||||||
10 | conflict between this
Act and the Illinois Administrative | ||||||
11 | Procedure Act, this Act shall
control.
| ||||||
12 | (d) Proceedings for judicial review shall be commenced in | ||||||
13 | the circuit court of the county in which the party applying for | ||||||
14 | review resides, but if the party is not a resident of Illinois, | ||||||
15 | the venue shall be in Sangamon County or Cook County. | ||||||
16 | (Source: P.A. 97-226, eff. 7-28-11.)
| ||||||
17 | (225 ILCS 441/15-36 new) | ||||||
18 | Sec. 15-36. No private right of action. Except as | ||||||
19 | otherwise expressly provided for in this Act, nothing in this | ||||||
20 | Act shall be construed to grant to any person a private right | ||||||
21 | of action to enforce the provisions of this Act or the rules | ||||||
22 | adopted under this Act.
| ||||||
23 | (225 ILCS 441/15-55)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2022)
|
| |||||||
| |||||||
1 | Sec. 15-55. Returned checks and dishonored credit card | ||||||
2 | charges ; penalty fee; revocation termination . A person who
(1) | ||||||
3 | delivers a check or other payment to the Department that is | ||||||
4 | returned to the Department unpaid by
the financial institution | ||||||
5 | upon which it was drawn shall pay to the Department ; or (2) | ||||||
6 | presents a credit or debit card for payment that is invalid or | ||||||
7 | expired or against which charges by the Department are | ||||||
8 | declined or dishonored , in
addition to the amount already | ||||||
9 | owed, a penalty fee of $50. The Department shall notify
the | ||||||
10 | person , by certified mail return receipt requested, that the
| ||||||
11 | his or her
check or
payment was returned or that the credit | ||||||
12 | card charge was dishonored and
that the person shall pay to the | ||||||
13 | Department by certified check or money order the amount
of the | ||||||
14 | returned check plus a $50 penalty fee within 30 calendar days | ||||||
15 | after the
date of the notification. If, after the expiration | ||||||
16 | of 30 calendar days of the
notification, the person has failed | ||||||
17 | to remit the necessary funds and penalty,
the Department shall | ||||||
18 | automatically revoke terminate the license or deny the | ||||||
19 | application without
hearing. If the returned check or other | ||||||
20 | payment was for issuance of a license
under this Act and that | ||||||
21 | person practices as a home inspector, that person may
be | ||||||
22 | subject to discipline for unlicensed practice as provided in | ||||||
23 | this Act. If,
after revocation termination or denial, the | ||||||
24 | person seeks a license, the applicant or licensee he or she | ||||||
25 | shall
petition
the Department for restoration or issuance of | ||||||
26 | the license and he or she may be subject to additional |
| |||||||
| |||||||
1 | discipline or
fines. The Secretary may waive the penalties or | ||||||
2 | fines due under this
Section in individual cases where the | ||||||
3 | Secretary finds that the penalties or
fines would be | ||||||
4 | unreasonable or unnecessarily burdensome.
| ||||||
5 | (Source: P.A. 97-226, eff. 7-28-11.)
| ||||||
6 | (225 ILCS 441/15-60)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
8 | Sec. 15-60. Violations; injunction; cease and desist | ||||||
9 | orders. | ||||||
10 | (a) If any person violates a provision of this Act, the | ||||||
11 | Secretary may, in the name of the People of the State of | ||||||
12 | Illinois, through the Attorney General of the State of | ||||||
13 | Illinois or the State's Attorney in the county in which the | ||||||
14 | offense occurs, petition for an order enjoining the violation | ||||||
15 | or for an order enforcing compliance with this Act. Upon the | ||||||
16 | filing of a verified petition in court, the court may issue a | ||||||
17 | temporary restraining order, without notice or bond, and may | ||||||
18 | preliminarily and permanently enjoin the violation. If it is | ||||||
19 | established that the person has violated or is violating the | ||||||
20 | injunction, the court may punish the offender for contempt of | ||||||
21 | court. Proceedings under this Section shall be in addition to, | ||||||
22 | and not in lieu of, all other remedies and penalties provided | ||||||
23 | by this Act. | ||||||
24 | (b) If any person practices as a home inspector or holds | ||||||
25 | oneself himself or herself out as a home inspector without |
| |||||||
| |||||||
1 | being licensed under the provisions of this Act, then the | ||||||
2 | Secretary, any licensed home inspector, any interested party, | ||||||
3 | or any person injured thereby may petition for relief as | ||||||
4 | provided in subsection (a) of this Section or may apply to the | ||||||
5 | circuit court of the county in which the violation or some part | ||||||
6 | thereof occurred, or in which the person complained of resides | ||||||
7 | or has a his or her principal place of business or resides , to | ||||||
8 | prevent the violation. The court has jurisdiction to enforce | ||||||
9 | obedience by injunction or by other process restricting the | ||||||
10 | person complained of from further violation and may enjoin | ||||||
11 | enjoining upon the person him or her obedience. | ||||||
12 | (c) Whoever knowingly practices or offers to practice home | ||||||
13 | inspection in this State without a license for that purpose | ||||||
14 | shall be guilty of a Class A misdemeanor for the first offense | ||||||
15 | and shall be guilty of a Class 4 felony for the second and any | ||||||
16 | subsequent offense. | ||||||
17 | (d) Whenever, in the opinion of the Department, a person | ||||||
18 | violates any provision of this Act, the Department may issue a | ||||||
19 | rule to show cause why an order to cease and desist should not | ||||||
20 | be entered against that person. The rule shall clearly set | ||||||
21 | forth the grounds relied upon by the Department and shall | ||||||
22 | provide a period of 7 days from the date of the rule to file an | ||||||
23 | answer to the satisfaction of the Department. Failure to | ||||||
24 | answer to the satisfaction of the Department shall cause an | ||||||
25 | order to cease and desist to be issued.
| ||||||
26 | (Source: P.A. 97-226, eff. 7-28-11.)
|
| |||||||
| |||||||
1 | (225 ILCS 441/20-5)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
3 | Sec. 20-5. Education provider.
| ||||||
4 | (a) Only education providers licensed by the Department | ||||||
5 | may
provide
the pre-license and continuing education courses | ||||||
6 | required for licensure
under this Act.
| ||||||
7 | (b) A person or entity seeking to be licensed as an | ||||||
8 | education
provider under this Act shall provide satisfactory | ||||||
9 | evidence of the following:
| ||||||
10 | (1) a sound financial base for establishing, | ||||||
11 | promoting, and delivering the
necessary courses;
| ||||||
12 | (2) a sufficient number of qualified instructors;
| ||||||
13 | (3) adequate support personnel to assist with | ||||||
14 | administrative matters and
technical assistance;
| ||||||
15 | (4) a written policy dealing with procedures for | ||||||
16 | management of grievances
and fee refunds;
| ||||||
17 | (5) a qualified school administrator, who is | ||||||
18 | responsible for the
administration of the school, courses, | ||||||
19 | and the actions of the instructors; and
| ||||||
20 | (6) any other requirements provided by rule.
| ||||||
21 | (c) All applicants for an education provider's license | ||||||
22 | shall make initial
application to the Department in a manner | ||||||
23 | prescribed on forms
provided by the Department and pay the | ||||||
24 | appropriate fee as provided by rule. In addition to any other | ||||||
25 | information required to be contained in the application as |
| |||||||
| |||||||
1 | prescribed by rule, every application for an original or | ||||||
2 | renewed license shall include the applicant's tax | ||||||
3 | identification number.
The term, expiration date, and renewal | ||||||
4 | of an education provider's
license shall be established by | ||||||
5 | rule.
| ||||||
6 | (d) An education provider shall provide each successful | ||||||
7 | course participant
with a certificate of completion signed by | ||||||
8 | the school administrator.
The format and content of the | ||||||
9 | certificate shall be specified by rule.
| ||||||
10 | (e) All education providers shall provide to the | ||||||
11 | Department a monthly roster of all
successful course | ||||||
12 | participants as
provided by rule.
| ||||||
13 | (Source: P.A. 97-226, eff. 7-28-11.)
| ||||||
14 | (225 ILCS 441/25-15)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
16 | Sec. 25-15. Liaison; duties. The Secretary shall appoint | ||||||
17 | an employee
of the Department to:
| ||||||
18 | (1) (blank);
| ||||||
19 | (2) be the direct liaison between the Department, peer | ||||||
20 | review advisors, the profession, home inspectors,
and | ||||||
21 | related industry organizations and associations; and
| ||||||
22 | (3) prepare and circulate to licensees such | ||||||
23 | educational and informational
material as the Department | ||||||
24 | deems necessary for providing guidance or assistance to
| ||||||
25 | licensees.
|
| |||||||
| |||||||
1 | (Source: P.A. 97-226, eff. 7-28-11.)
| ||||||
2 | (225 ILCS 441/25-27) | ||||||
3 | (Section scheduled to be repealed on January 1, 2022) | ||||||
4 | Sec. 25-27. Subpoenas; depositions; oaths. | ||||||
5 | (a) The Department may subpoena and bring before it any | ||||||
6 | person to take oral or written testimony or compel the | ||||||
7 | production of any books, papers, records, or any other | ||||||
8 | documents the Secretary or the Secretary's his or her designee | ||||||
9 | deems relevant or material to any investigation or hearing | ||||||
10 | conducted by the Department with the same fees and in the same | ||||||
11 | manner as prescribed in civil cases in the courts of this | ||||||
12 | State. | ||||||
13 | (b) Any circuit court, upon the application of the | ||||||
14 | licensee or the Department, may order the attendance and | ||||||
15 | testimony of witnesses and the production of relevant | ||||||
16 | documents, files, records, books, and papers in connection | ||||||
17 | with any hearing or investigation. The circuit court may | ||||||
18 | compel obedience to its order by proceedings for contempt. | ||||||
19 | (c) The Secretary, the hearing officer, any member of the | ||||||
20 | Board, or a certified shorthand court reporter may administer | ||||||
21 | oaths at any hearing the Department conducts. Notwithstanding | ||||||
22 | any other statute or Department rule to the contrary, all | ||||||
23 | requests for testimony, production of documents, or records | ||||||
24 | shall be in accordance with this Act.
| ||||||
25 | (Source: P.A. 97-226, eff. 7-28-11.)
|
| |||||||
| |||||||
1 | (225 ILCS 441/25-17 rep.) | ||||||
2 | Section 75. The Home Inspector License Act is amended by | ||||||
3 | repealing Section 25-17.
| ||||||
4 | Section 80. The Real Estate Appraiser Licensing Act of | ||||||
5 | 2002 is amended by changing Sections 1-10, 5-5, 5-10, 5-15, | ||||||
6 | 5-20, 5-20.5, 5-22, 5-25, 5-30, 5-35, 10-5, 10-10, 15-5, | ||||||
7 | 15-10, 15-15, 15-55, 20-5, 20-10, 25-10, 25-15, 25-16, 25-20, | ||||||
8 | 25-25, and 30-5 and by adding Sections 1-12, 5-26, 15-10.1, | ||||||
9 | 15-11, and 25-35 as follows:
| ||||||
10 | (225 ILCS 458/1-10)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
12 | Sec. 1-10. Definitions. As used in this Act, unless the | ||||||
13 | context
otherwise requires:
| ||||||
14 | "Accredited college or university, junior college, or | ||||||
15 | community college" means a college or university, junior | ||||||
16 | college, or community college that is approved or accredited | ||||||
17 | by the Board of Higher Education, a regional or national | ||||||
18 | accreditation association, or by an accrediting agency that is | ||||||
19 | recognized by the U.S. Secretary of Education.
| ||||||
20 | "Address of record" means the designated street address , | ||||||
21 | which may not be a post office box, recorded by the Department | ||||||
22 | in the applicant's or licensee's application file or license | ||||||
23 | file as maintained by the Department's licensure maintenance |
| |||||||
| |||||||
1 | unit. It is the duty of the applicant or licensee to inform the | ||||||
2 | Department of any change of address and those changes must be | ||||||
3 | made either through the Department's website or by contacting | ||||||
4 | the Department. | ||||||
5 | "Applicant" means person who applies to the Department
for | ||||||
6 | a license under this Act.
| ||||||
7 | "Appraisal" means
(noun) the act or process of developing | ||||||
8 | an opinion
of value; an
opinion of value (adjective) of or | ||||||
9 | pertaining to appraising
and related functions, such as | ||||||
10 | appraisal practice or appraisal services. | ||||||
11 | "Appraisal assignment" means a valuation service provided | ||||||
12 | pursuant to as a consequence of an agreement between an | ||||||
13 | appraiser and a client. | ||||||
14 | "Appraisal consulting" means the act or process of | ||||||
15 | developing an analysis, recommendation, or opinion to solve a | ||||||
16 | problem, where an opinion of value is a component of the | ||||||
17 | analysis leading to the assignment results. | ||||||
18 | "Appraisal firm" means an appraisal entity that is 100% | ||||||
19 | owned and controlled by a person or persons licensed in | ||||||
20 | Illinois as a certified general real estate appraiser or a | ||||||
21 | certified residential real estate appraiser. "Appraisal firm" | ||||||
22 | does not include an appraisal management company. | ||||||
23 | "Appraisal management company" means any corporation, | ||||||
24 | limited liability company, partnership, sole proprietorship, | ||||||
25 | subsidiary, unit, or other business entity that directly or | ||||||
26 | indirectly: (1) provides appraisal management services to |
| |||||||
| |||||||
1 | creditors or secondary mortgage market participants , including | ||||||
2 | affiliates ; (2) provides appraisal management services in | ||||||
3 | connection with valuing the consumer's principal dwelling as | ||||||
4 | security for a consumer credit transaction (including consumer | ||||||
5 | credit transactions incorporated into securitizations); and | ||||||
6 | (3) within a given year, oversees an appraiser panel of any | ||||||
7 | size of State-certified appraisers in Illinois; and (4) any | ||||||
8 | appraisal management company that, within a given 12-month | ||||||
9 | period year , oversees an appraiser panel of 16 or more | ||||||
10 | State-certified appraisers in Illinois or 25 or more | ||||||
11 | State-certified or State-licensed appraisers in 2 or more | ||||||
12 | jurisdictions shall be subject to the appraisal management | ||||||
13 | company national registry fee in addition to the appraiser | ||||||
14 | panel fee . "Appraisal management company" includes a hybrid | ||||||
15 | entity. | ||||||
16 | "Appraisal practice" means valuation services performed by | ||||||
17 | an individual acting as an appraiser, including, but not | ||||||
18 | limited to, appraisal or , appraisal review , or appraisal | ||||||
19 | consulting .
| ||||||
20 | "Appraisal report" means any communication, written or | ||||||
21 | oral, of an appraisal or appraisal review that is transmitted | ||||||
22 | to a client upon completion of an assignment.
| ||||||
23 | "Appraisal review" means the act or process of developing | ||||||
24 | and communicating an opinion about the quality of another | ||||||
25 | appraiser's work that was performed as part of an appraisal, | ||||||
26 | appraisal review, or appraisal assignment.
|
| |||||||
| |||||||
1 | "Appraisal Subcommittee" means the Appraisal Subcommittee | ||||||
2 | of the Federal
Financial Institutions
Examination Council as | ||||||
3 | established by Title XI.
| ||||||
4 | "Appraiser" means a person who performs
real estate or | ||||||
5 | real property
appraisals competently and in a manner that is | ||||||
6 | independent, impartial, and objective . | ||||||
7 | "Appraiser panel" means a network, list, or roster of | ||||||
8 | licensed or certified appraisers approved by the appraisal | ||||||
9 | management company or by the end-user client to perform | ||||||
10 | appraisals as independent contractors for the appraisal | ||||||
11 | management company. "Appraiser panel" includes both appraisers | ||||||
12 | accepted by an appraisal management company for consideration | ||||||
13 | for future appraisal assignments and appraisers engaged by an | ||||||
14 | appraisal management company to perform one or more | ||||||
15 | appraisals. For
the purposes of determining the size of an | ||||||
16 | appraiser panel,
only independent contractors of hybrid | ||||||
17 | entities shall be
counted towards the appraiser panel.
| ||||||
18 | "AQB" means the Appraisal Qualifications Board of the | ||||||
19 | Appraisal Foundation.
| ||||||
20 | "Associate real estate trainee appraiser" means an | ||||||
21 | entry-level appraiser who holds
a license of this | ||||||
22 | classification under this Act with restrictions as to the | ||||||
23 | scope of practice
in
accordance with this Act.
| ||||||
24 | "Automated valuation model" means an automated system that | ||||||
25 | is used to derive a property value through the use of available | ||||||
26 | property records and various analytic methodologies such as |
| |||||||
| |||||||
1 | comparable sales prices, home characteristics, and price | ||||||
2 | changes. | ||||||
3 | "Board" means the Real Estate Appraisal Administration and | ||||||
4 | Disciplinary Board.
| ||||||
5 | "Broker price opinion" means an estimate or analysis of | ||||||
6 | the probable selling price of a particular interest in real | ||||||
7 | estate, which may provide a varying level of detail about the | ||||||
8 | property's condition, market, and neighborhood and information | ||||||
9 | on comparable sales. The activities of a real estate broker or | ||||||
10 | managing broker engaging in the ordinary course of business as | ||||||
11 | a broker, as defined in this Section, shall not be considered a | ||||||
12 | broker price opinion if no compensation is paid to the broker | ||||||
13 | or managing broker, other than compensation based upon the | ||||||
14 | sale or rental of real estate. | ||||||
15 | "Classroom hour" means 50 minutes of instruction out of | ||||||
16 | each 60 minute
segment of coursework.
| ||||||
17 | "Client" means the party or parties who engage an | ||||||
18 | appraiser by employment or contract in a specific appraisal | ||||||
19 | assignment.
| ||||||
20 | "Comparative market analysis" is an analysis or opinion | ||||||
21 | regarding pricing, marketing, or financial aspects relating to | ||||||
22 | a specified interest or interests in real estate that may be | ||||||
23 | based upon an analysis of comparative market data, the | ||||||
24 | expertise of the real estate broker or managing broker, and | ||||||
25 | such other factors as the broker or managing broker may deem | ||||||
26 | appropriate in developing or preparing such analysis or |
| |||||||
| |||||||
1 | opinion. The activities of a real estate broker or managing | ||||||
2 | broker engaging in the ordinary course of business as a | ||||||
3 | broker, as defined in this Section, shall not be considered a | ||||||
4 | comparative market analysis if no compensation is paid to the | ||||||
5 | broker or managing broker, other than compensation based upon | ||||||
6 | the sale or rental of real estate. | ||||||
7 | "Coordinator" means the Coordinator of Real Estate | ||||||
8 | Appraisal Coordinator created in Section 25-15 of the Division | ||||||
9 | of Professional Regulation of the Department of Financial and | ||||||
10 | Professional Regulation .
| ||||||
11 | "Department" means the Department of Financial and | ||||||
12 | Professional Regulation.
| ||||||
13 | "Email address of record" means the designated email | ||||||
14 | address recorded by the Department in the applicant's | ||||||
15 | application file or the licensee's license file maintained by | ||||||
16 | the Department. | ||||||
17 | "Evaluation" means a valuation permitted by the appraisal | ||||||
18 | regulations of the Federal Financial Institutions Examination | ||||||
19 | Council and its federal agencies for transactions that qualify | ||||||
20 | for the appraisal threshold exemption, business loan | ||||||
21 | exemption, or subsequent transaction exemption. | ||||||
22 | "Federal financial institutions regulatory agencies" means | ||||||
23 | the Board of
Governors of the Federal Reserve
System, the | ||||||
24 | Federal Deposit Insurance Corporation, the Office of the
| ||||||
25 | Comptroller of the Currency, the
Consumer Financial Protection | ||||||
26 | Bureau, and the National Credit Union Administration.
|
| |||||||
| |||||||
1 | "Federally related transaction" means any real | ||||||
2 | estate-related financial
transaction in which a federal
| ||||||
3 | financial institutions regulatory agency
engages in, contracts | ||||||
4 | for, or
regulates and requires the services
of an appraiser.
| ||||||
5 | "Financial institution" means any bank, savings bank, | ||||||
6 | savings and loan
association, credit union,
mortgage broker, | ||||||
7 | mortgage banker, licensee under the Consumer Installment Loan
| ||||||
8 | Act or the Sales
Finance Agency Act, or a corporate fiduciary, | ||||||
9 | subsidiary, affiliate, parent
company, or holding company
of | ||||||
10 | any such licensee, or any institution involved in real estate | ||||||
11 | financing that
is regulated by state or
federal law.
| ||||||
12 | "Hybrid entity" means an appraisal management company that | ||||||
13 | hires an appraiser as an employee to perform an appraisal and | ||||||
14 | engages an independent contractor to perform an appraisal. | ||||||
15 | "License" means the privilege conferred by the Department | ||||||
16 | to a person that has fulfilled all requirements prerequisite | ||||||
17 | to any type of licensure under this Act. | ||||||
18 | "Licensee" means any person, as defined in this Section, | ||||||
19 | who holds a valid unexpired license. | ||||||
20 | "Multi-state licensing system" means a web-based platform | ||||||
21 | that allows an applicant to submit the his or her application | ||||||
22 | or license renewal application to the Department online. | ||||||
23 | "Person" means an individual, entity, sole proprietorship, | ||||||
24 | corporation, limited liability company, partnership, and joint | ||||||
25 | venture, foreign or domestic, except that when the context | ||||||
26 | otherwise requires, the term may refer to more than one |
| |||||||
| |||||||
1 | individual or other described entity. | ||||||
2 | "Real estate" means an identified parcel or tract of land, | ||||||
3 | including any
improvements.
| ||||||
4 | "Real estate related financial transaction" means any | ||||||
5 | transaction involving:
| ||||||
6 | (1) the sale, lease, purchase, investment in, or | ||||||
7 | exchange of real
property,
including interests
in property | ||||||
8 | or the financing thereof;
| ||||||
9 | (2) the refinancing of real property or interests in | ||||||
10 | real property; and
| ||||||
11 | (3) the use of real property or interest in property | ||||||
12 | as security for a
loan or
investment,
including mortgage | ||||||
13 | backed securities.
| ||||||
14 | "Real property" means the interests, benefits, and rights | ||||||
15 | inherent in the
ownership of real estate.
| ||||||
16 | "Secretary" means the Secretary of Financial and | ||||||
17 | Professional Regulation or the Secretary's designee .
| ||||||
18 | "State certified general real estate
appraiser" means an | ||||||
19 | appraiser who holds a
license of this classification under | ||||||
20 | this Act
and such classification applies to
the appraisal of | ||||||
21 | all types of real property without restrictions as to
the | ||||||
22 | scope of practice.
| ||||||
23 | "State certified residential real estate
appraiser" means | ||||||
24 | an appraiser who
holds a
license of this classification
under | ||||||
25 | this Act
and such classification applies to
the appraisal of
| ||||||
26 | one to 4 units of
residential real property without regard to |
| |||||||
| |||||||
1 | transaction value or complexity,
but with restrictions as to | ||||||
2 | the
scope of practice
in a federally related transaction in | ||||||
3 | accordance with Title
XI, the provisions of USPAP,
criteria | ||||||
4 | established by the AQB, and further defined by rule.
| ||||||
5 | "Supervising appraiser" means either (i) an appraiser who | ||||||
6 | holds a valid license under this Act as either a State | ||||||
7 | certified general real estate appraiser or a State certified | ||||||
8 | residential real estate appraiser, who co-signs an appraisal | ||||||
9 | report for an associate real estate trainee appraiser or (ii) | ||||||
10 | a State certified general real estate appraiser who holds a | ||||||
11 | valid license under this Act who co-signs an appraisal report | ||||||
12 | for a State certified residential real estate appraiser on | ||||||
13 | properties other than one to 4 units of residential real | ||||||
14 | property without regard to transaction value or complexity.
| ||||||
15 | "Title XI" means Title XI of the federal Financial | ||||||
16 | Institutions Reform,
Recovery and
Enforcement Act of 1989.
| ||||||
17 | "USPAP" means the Uniform Standards of Professional | ||||||
18 | Appraisal Practice as
promulgated by the
Appraisal Standards | ||||||
19 | Board pursuant to Title XI and by rule.
| ||||||
20 | "Valuation services" means services pertaining to aspects | ||||||
21 | of property value. | ||||||
22 | (Source: P.A. 100-604, eff. 7-13-18.)
| ||||||
23 | (225 ILCS 458/1-12 new) | ||||||
24 | Sec. 1-12. Address of record; email address of record. All | ||||||
25 | applicants and licensees shall: |
| |||||||
| |||||||
1 | (1) provide a valid address and email address to the | ||||||
2 | Department, which shall serve as the address of record and | ||||||
3 | email address of record, respectively, at the time of | ||||||
4 | application for licensure or renewal of a license; and | ||||||
5 | (2) inform the Department of any change of address of | ||||||
6 | record or email address of record within 14 days after | ||||||
7 | such change through the Department's website.
| ||||||
8 | (225 ILCS 458/5-5)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
10 | Sec. 5-5. Necessity of license; use of title; exemptions.
| ||||||
11 | (a) It
is unlawful for a person to (i) act, offer services, | ||||||
12 | or advertise services
as a State certified general real estate
| ||||||
13 | appraiser, State certified residential real estate appraiser, | ||||||
14 | or associate real estate trainee appraiser, (ii)
develop a | ||||||
15 | real estate appraisal,
(iii)
practice as a real estate
| ||||||
16 | appraiser, or (iv)
advertise as or hold himself or herself out | ||||||
17 | to be a real estate
appraiser
without a license issued under | ||||||
18 | this Act. A person who
violates this subsection is
guilty of a | ||||||
19 | Class A misdemeanor for a first offense and a Class 4 felony | ||||||
20 | for any subsequent offense.
| ||||||
21 | (a-5) It is unlawful for a person, unless registered as an | ||||||
22 | appraisal management company, to solicit clients or enter into | ||||||
23 | an appraisal engagement with clients without either a | ||||||
24 | certified residential real estate appraiser license or a | ||||||
25 | certified general real estate appraiser license issued under |
| |||||||
| |||||||
1 | this Act. A person who violates this subsection is guilty of a | ||||||
2 | Class A misdemeanor for a first offense and a Class 4 felony | ||||||
3 | for any subsequent offense. | ||||||
4 | (b) It
is unlawful for a person, other than a
person who | ||||||
5 | holds a valid license issued pursuant to this
Act as a State | ||||||
6 | certified general real estate appraiser, a
State
certified
| ||||||
7 | residential real estate appraiser,
or an associate real estate | ||||||
8 | trainee appraiser to use these titles or any other title, | ||||||
9 | designation, or
abbreviation likely to create the
impression | ||||||
10 | that the person is licensed as a real estate appraiser | ||||||
11 | pursuant to
this Act. A person who
violates this subsection is | ||||||
12 | guilty of a Class A misdemeanor for a first offense and a Class | ||||||
13 | 4 felony for any subsequent offense.
| ||||||
14 | (c)
This Act does not apply to a person who holds a valid | ||||||
15 | license as a real estate broker or managing broker pursuant to | ||||||
16 | the Real Estate License Act of 2000 who prepares or provides a | ||||||
17 | broker price opinion or comparative market analysis in | ||||||
18 | compliance with Section 10-45 of the Real Estate License Act | ||||||
19 | of 2000. | ||||||
20 | (d) Nothing in this Act shall preclude a State certified | ||||||
21 | general real estate appraiser, a State certified residential | ||||||
22 | real estate appraiser, or an associate real estate trainee | ||||||
23 | appraiser from rendering appraisals for or on behalf of a | ||||||
24 | partnership, association, corporation, firm, or group. | ||||||
25 | However, no State appraisal license or certification shall be | ||||||
26 | issued under this Act to a partnership, association, |
| |||||||
| |||||||
1 | corporation, firm, or group.
| ||||||
2 | (e) This Act does not apply to a county assessor, township | ||||||
3 | assessor, multi-township assessor, county supervisor of | ||||||
4 | assessments, or any deputy or employee of any county assessor, | ||||||
5 | township assessor, multi-township assessor, or county | ||||||
6 | supervisor of assessments in performance of who is performing | ||||||
7 | his or her respective duties in accordance with the provisions | ||||||
8 | of the Property Tax Code.
| ||||||
9 | (e-5) For the purposes of this Act, valuation waivers may | ||||||
10 | be prepared by a licensed appraiser notwithstanding any other | ||||||
11 | provision of this Act, and the following types of valuations | ||||||
12 | are not appraisals and may not be represented to be | ||||||
13 | appraisals, and a license is not required under this Act to
| ||||||
14 | perform such valuations if the valuations are performed by (1) | ||||||
15 | an employee of the Illinois Department of Transportation who | ||||||
16 | has completed a minimum of 45 hours of course work in real | ||||||
17 | estate appraisal, including the principles principals of real | ||||||
18 | estate appraisals, appraisal of partial acquisitions, easement | ||||||
19 | valuation, reviewing appraisals in eminent domain, appraisal | ||||||
20 | for federal aid highway programs, and appraisal review for | ||||||
21 | federal aid highway programs and has at least 2 years' | ||||||
22 | experience in a field closely related to real estate; (2) a | ||||||
23 | county engineer who is a registered professional engineer | ||||||
24 | under the Professional Engineering Practice Act of 1989; (3) | ||||||
25 | an employee of a municipality who has (i) completed a minimum | ||||||
26 | of 45 hours of coursework in real estate appraisal, including |
| |||||||
| |||||||
1 | the principles principals of real estate appraisals, appraisal | ||||||
2 | of partial acquisitions, easement valuation, reviewing | ||||||
3 | appraisals in eminent domain, appraisal for federal aid | ||||||
4 | highway programs, and appraisal review for federal aid highway | ||||||
5 | programs and (ii) has either 2 years' experience in a field | ||||||
6 | clearly related to real estate or has completed 20 hours of | ||||||
7 | additional coursework that is sufficient for a person to | ||||||
8 | complete waiver valuations as approved by the Federal Highway | ||||||
9 | Administration; or (4) a municipal engineer who has completed | ||||||
10 | coursework that is sufficient for his or her waiver valuations | ||||||
11 | to be approved by the Federal Highway Administration and who | ||||||
12 | is a registered professional engineer under the Professional | ||||||
13 | Engineering Act of 1989, under the following circumstances: | ||||||
14 | (A) a valuation waiver in an amount not to exceed | ||||||
15 | $20,000 $10,000 prepared pursuant to the federal Uniform | ||||||
16 | Relocation Assistance and Real Property Acquisition | ||||||
17 | Policies Act of 1970, or prepared pursuant to the federal | ||||||
18 | Uniform Relocation Assistance and Real Property | ||||||
19 | Acquisition for Federal and Federally-Assisted Programs | ||||||
20 | regulations and which is performed by (1) an employee of | ||||||
21 | the Illinois Department of Transportation and co-signed, | ||||||
22 | with a license number affixed, by another employee of the | ||||||
23 | Illinois Department of Transportation who is a registered | ||||||
24 | professional engineer under the Professional Engineering | ||||||
25 | Practice Act of 1989 or (2) an employee of a municipality | ||||||
26 | and co-signed with a license number affixed by a county or |
| |||||||
| |||||||
1 | municipal engineer who is a registered professional | ||||||
2 | engineer under the Professional Engineering Practice Act | ||||||
3 | of 1989; and | ||||||
4 | (B) a valuation waiver in an amount not to exceed | ||||||
5 | $20,000 $10,000 prepared pursuant to the federal Uniform | ||||||
6 | Relocation Assistance and Real Property Acquisition | ||||||
7 | Policies Act of 1970, or prepared pursuant to the federal | ||||||
8 | Uniform Relocation Assistance and Real Property | ||||||
9 | Acquisition for Federal and Federally-Assisted Programs | ||||||
10 | regulations and which is performed by a county or | ||||||
11 | municipal engineer who is employed by a county or | ||||||
12 | municipality and is a registered professional engineer | ||||||
13 | under the Professional Engineering Practice Act of 1989. | ||||||
14 | The valuation shall include In addition to his or her | ||||||
15 | signature, the county or municipal engineer's signature | ||||||
16 | and engineer shall affix his or her license number to the | ||||||
17 | valuation . | ||||||
18 | Nothing in this subsection (e-5) shall be construed to | ||||||
19 | allow the State of Illinois, a political subdivision thereof, | ||||||
20 | or any public body to acquire real estate by eminent domain in | ||||||
21 | any manner
other than provided for in the Eminent Domain Act. | ||||||
22 | (f) A State real estate appraisal certification or license | ||||||
23 | is not required under this Act for any of the following: (1) A | ||||||
24 | person, partnership, association, or corporation that performs | ||||||
25 | appraisals of property owned by that person, partnership, | ||||||
26 | association, or corporation for the sole use of that person, |
| |||||||
| |||||||
1 | partnership, association, or corporation. | ||||||
2 | (2) A court-appointed commissioner who conducts an | ||||||
3 | appraisal pursuant to a judicially ordered evaluation of | ||||||
4 | property. | ||||||
5 | Any However, any person who is certified or licensed under | ||||||
6 | this Act and who performs any of the activities set forth in | ||||||
7 | this subsection (f) must comply with the provisions of this | ||||||
8 | Act. A person who violates this subsection (f) is guilty of a | ||||||
9 | Class A misdemeanor for a first offense and a Class 4 felony | ||||||
10 | for any subsequent offense. | ||||||
11 | (g) This Act does not apply to an employee, officer, | ||||||
12 | director, or member of a credit or loan committee of a | ||||||
13 | financial institution or any other person engaged by a | ||||||
14 | financial institution when performing an evaluation of real | ||||||
15 | property for the sole use of the financial institution in a | ||||||
16 | transaction for which the financial institution would not be | ||||||
17 | required to use the services of a State licensed or State | ||||||
18 | certified appraiser pursuant to federal regulations adopted | ||||||
19 | under Title XI of the federal Financial Institutions Reform, | ||||||
20 | Recovery, and Enforcement Act of 1989 , nor does this Act apply | ||||||
21 | to the procurement of an automated valuation model . | ||||||
22 | (h) This Act does not apply to the procurement of an | ||||||
23 | automated valuation model. | ||||||
24 | "Automated valuation model" means an automated system that | ||||||
25 | is used to derive a property value through the use of publicly | ||||||
26 | available property records and various analytic methodologies |
| |||||||
| |||||||
1 | such as comparable sales prices, home characteristics, and | ||||||
2 | historical home price appreciations.
| ||||||
3 | (Source: P.A. 98-444, eff. 8-16-13; 98-933, eff. 1-1-15; | ||||||
4 | 98-1109, eff. 1-1-15; 99-78, eff. 7-20-15.)
| ||||||
5 | (225 ILCS 458/5-10)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
7 | Sec. 5-10. Application for State
certified general real | ||||||
8 | estate appraiser.
| ||||||
9 | (a) Every person who
desires to obtain a State certified | ||||||
10 | general real estate appraiser license
shall:
| ||||||
11 | (1) apply to the Department
on forms provided by the | ||||||
12 | Department, or through a multi-state licensing system as | ||||||
13 | designated by the Secretary,
accompanied by the required | ||||||
14 | fee;
| ||||||
15 | (2) be at least 18 years of age;
| ||||||
16 | (3) (blank);
| ||||||
17 | (4) personally take and pass an examination authorized | ||||||
18 | by the Department
and endorsed
by the AQB;
| ||||||
19 | (5) prior to taking the examination, provide evidence | ||||||
20 | to the Department, or through a multi-state licensing | ||||||
21 | system as designated by the Secretary, of successful | ||||||
22 | completion of in Modular Course format, with each module | ||||||
23 | conforming to the Required Core Curriculum established and | ||||||
24 | adopted by the AQB,
that he or she
has successfully | ||||||
25 | completed the prerequisite
classroom hours of instruction |
| |||||||
| |||||||
1 | in appraising as established by the AQB and by
rule ; | ||||||
2 | evidence shall be in a Modular Course format with each | ||||||
3 | module conforming to the Required Core Curriculum | ||||||
4 | established and adopted by the AQB ; and
| ||||||
5 | (6) prior to taking the examination, provide evidence
| ||||||
6 | to the Department, or through a multi-state licensing | ||||||
7 | system as designated by the Secretary, of successful | ||||||
8 | completion of
that he or she has successfully completed | ||||||
9 | the prerequisite
experience and educational requirements | ||||||
10 | in appraising as established by AQB and by rule.
| ||||||
11 | (b) Applicants must provide evidence to the Department, or | ||||||
12 | through a multi-state licensing system as designated by the | ||||||
13 | Secretary, of holding a Bachelor's degree or higher from an | ||||||
14 | accredited college or university. | ||||||
15 | (Source: P.A. 100-604, eff. 7-13-18.)
| ||||||
16 | (225 ILCS 458/5-15)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
18 | Sec. 5-15. Application for State certified residential | ||||||
19 | real estate
appraiser. Every person who
desires to obtain a | ||||||
20 | State certified residential real estate appraiser license
| ||||||
21 | shall:
| ||||||
22 | (1) apply to the Department
on forms provided by the | ||||||
23 | Department, or through a multi-state licensing system as | ||||||
24 | designated by the Secretary,
accompanied by the required | ||||||
25 | fee;
|
| |||||||
| |||||||
1 | (2) be at least 18 years of age;
| ||||||
2 | (3) (blank);
| ||||||
3 | (4) personally take and pass an examination authorized | ||||||
4 | by the Department
and endorsed
by
the AQB;
| ||||||
5 | (5) prior to taking the examination, provide evidence
| ||||||
6 | to the Department, or through a multi-state licensing | ||||||
7 | system as designated by the Secretary, of successful | ||||||
8 | completion of in Modular Course format, with each module | ||||||
9 | conforming to the Required Core Curriculum established and | ||||||
10 | adopted by the AQB,
that he or she has successfully | ||||||
11 | completed the prerequisite
classroom hours of instruction | ||||||
12 | in appraising as established by the AQB and by
rule ; | ||||||
13 | evidence shall be in a Modular Course format with each | ||||||
14 | module conforming to the Required Core Curriculum | ||||||
15 | established and adopted by the AQB ; and
| ||||||
16 | (6) prior to taking the examination, provide evidence
| ||||||
17 | to the Department, or through a multi-state licensing | ||||||
18 | system as designated by the Secretary, of successful | ||||||
19 | completion of
that he or she has successfully completed | ||||||
20 | the prerequisite
experience and educational requirements | ||||||
21 | as established by AQB and by rule.
| ||||||
22 | (Source: P.A. 100-201, eff. 8-18-17; 100-604, eff. 7-13-18.)
| ||||||
23 | (225 ILCS 458/5-20)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
25 | Sec. 5-20. Application for associate real estate trainee
|
| |||||||
| |||||||
1 | appraiser. Every person who desires to obtain an associate | ||||||
2 | real estate trainee appraiser
license shall:
| ||||||
3 | (1) apply to the Department
on forms provided by the | ||||||
4 | Department, or through a multi-state licensing system as | ||||||
5 | designated by the Secretary,
accompanied by the required
| ||||||
6 | fee;
| ||||||
7 | (2) be at least 18 years of age;
| ||||||
8 | (3) provide evidence of having attained a high school | ||||||
9 | diploma or completed
an
equivalent course of
study as | ||||||
10 | determined by an examination conducted
or accepted
by the | ||||||
11 | Illinois State Board of
Education;
| ||||||
12 | (4) (blank); and
| ||||||
13 | (5) provide evidence
to the Department, or through a | ||||||
14 | multi-state licensing system as designated by the | ||||||
15 | Secretary, of successful completion of
that he or she has | ||||||
16 | successfully
completed
the prerequisite qualifying and any | ||||||
17 | conditional education requirements as established by
rule.
| ||||||
18 | (Source: P.A. 100-604, eff. 7-13-18; 100-832, eff. 1-1-19; | ||||||
19 | 101-81, eff. 7-12-19.)
| ||||||
20 | (225 ILCS 458/5-20.5)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2022) | ||||||
22 | Sec. 5-20.5. Duration of application. Applicants have 3 | ||||||
23 | years from the date of application to complete the application | ||||||
24 | process. If the process has not been completed within 3 years, | ||||||
25 | the application shall expire be denied , the fee shall be |
| |||||||
| |||||||
1 | forfeited, and the applicant must reapply and meet the | ||||||
2 | requirements in effect at the time of reapplication.
| ||||||
3 | (Source: P.A. 96-844, eff. 12-23-09 .)
| ||||||
4 | (225 ILCS 458/5-22) | ||||||
5 | (Section scheduled to be repealed on January 1, 2022) | ||||||
6 | Sec. 5-22. Criminal history records check. | ||||||
7 | (a) An application Each applicant for licensure by | ||||||
8 | examination or restoration shall include the applicant's have | ||||||
9 | his or her fingerprints submitted to the Department of State | ||||||
10 | Police in an electronic format that complies with the form and | ||||||
11 | manner for requesting and furnishing criminal history record | ||||||
12 | information as prescribed by the Department of State Police. | ||||||
13 | These fingerprints shall be checked against the Department of | ||||||
14 | State Police and Federal Bureau of Investigation criminal | ||||||
15 | history record databases now and hereafter filed. The | ||||||
16 | Department of State Police shall charge applicants a fee for | ||||||
17 | conducting the criminal history records check, which shall be | ||||||
18 | deposited into the State Police Services Fund and shall not | ||||||
19 | exceed the actual cost of the records check. The Department of | ||||||
20 | State Police shall
furnish, pursuant to positive | ||||||
21 | identification, records of Illinois convictions to the | ||||||
22 | Department. The Department may require applicants to pay a | ||||||
23 | separate fingerprinting fee, either to the Department or to a | ||||||
24 | vendor. The Department may adopt any rules necessary to | ||||||
25 | implement this Section.
|
| |||||||
| |||||||
1 | (b) The Secretary may designate a multi-state licensing | ||||||
2 | system to perform the functions described in subsection (a). | ||||||
3 | The Department may require applicants to pay a separate | ||||||
4 | fingerprinting fee, either to the Department or to the | ||||||
5 | multi-state licensing system. The Department may adopt any | ||||||
6 | rules necessary to implement this subsection. | ||||||
7 | (c) The Department shall not consider the following | ||||||
8 | criminal history records in connection with an application for | ||||||
9 | licensure: | ||||||
10 | (1) juvenile adjudications of delinquent minors as | ||||||
11 | defined in Section 5-105 of the Juvenile Court Act of 1987 | ||||||
12 | subject to the restrictions set forth in Section 5-130 of | ||||||
13 | that Act; | ||||||
14 | (2) law enforcement records, court records, and | ||||||
15 | conviction records of an individual who was 17 years old | ||||||
16 | at the time of the offense and before January 1, 2014, | ||||||
17 | unless the nature of the offense required the individual | ||||||
18 | to be tried as an adult; | ||||||
19 | (3) records of arrest not followed by a charge or | ||||||
20 | conviction; | ||||||
21 | (4) records of arrest in which the charges were | ||||||
22 | dismissed unless related to the practice of the | ||||||
23 | profession; however, applicants shall not be asked to | ||||||
24 | report any arrests, and an arrest not followed by a | ||||||
25 | conviction shall not be the basis of a denial and may be | ||||||
26 | used only to assess an applicant's rehabilitation; |
| |||||||
| |||||||
1 | (5) convictions overturned by a higher court; or | ||||||
2 | (6) convictions or arrests that have been sealed or | ||||||
3 | expunged. | ||||||
4 | (d) If an applicant makes a false statement of material | ||||||
5 | fact on the application, the false statement may in itself be | ||||||
6 | sufficient grounds to revoke or refuse to issue a license. | ||||||
7 | (e) An applicant or licensee shall report to the | ||||||
8 | Department, in a manner prescribed by the Department, upon | ||||||
9 | application and within 30 days after the occurrence, if during | ||||||
10 | the term of licensure, (i) any conviction of or plea of guilty | ||||||
11 | or nolo contendere to forgery, embezzlement, obtaining money | ||||||
12 | under false pretenses, larceny, extortion, conspiracy to | ||||||
13 | defraud, or any similar offense or offenses or any conviction | ||||||
14 | of a felony involving moral turpitude, (ii) the entry of an | ||||||
15 | administrative sanction by a government agency in this State | ||||||
16 | or any other jurisdiction that has as an essential element | ||||||
17 | dishonesty or fraud or involves larceny, embezzlement, or | ||||||
18 | obtaining money, property, or credit by false pretenses, or | ||||||
19 | (iii) a crime that subjects the licensee to compliance with | ||||||
20 | the requirements of the Sex Offender Registration Act. | ||||||
21 | (Source: P.A. 100-604, eff. 7-13-18.)
| ||||||
22 | (225 ILCS 458/5-25)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
24 | Sec. 5-25. Renewal of license.
| ||||||
25 | (a) The expiration date and renewal period
for a State |
| |||||||
| |||||||
1 | certified general
real estate appraiser license
or a State | ||||||
2 | certified residential
real estate appraiser license issued | ||||||
3 | under
this Act shall be set by rule.
Except as otherwise | ||||||
4 | provided in subsections (b) and (f) of this Section, the
| ||||||
5 | holder of a license may renew
the license within 90 days | ||||||
6 | preceding the expiration date by:
| ||||||
7 | (1) completing and submitting to the Department, or | ||||||
8 | through a multi-state licensing system as designated by | ||||||
9 | the Secretary,
a renewal application form as
provided by
| ||||||
10 | the Department;
| ||||||
11 | (2) paying the required fees; and
| ||||||
12 | (3) providing evidence to the Department, or through a | ||||||
13 | multi-state licensing system as designated by the | ||||||
14 | Secretary, of successful completion of the continuing
| ||||||
15 | education requirements through courses approved by the | ||||||
16 | Department
from
education providers licensed by the | ||||||
17 | Department, as established by the AQB
and by rule.
| ||||||
18 | (b) A State certified general real estate appraiser
or | ||||||
19 | State certified
residential real estate
appraiser whose | ||||||
20 | license under this Act has expired may renew
the license for a | ||||||
21 | period of
2 years following the expiration date by complying | ||||||
22 | with the requirements of
paragraphs (1), (2),
and (3) of | ||||||
23 | subsection (a)
of this Section and paying any late penalties | ||||||
24 | established by rule.
| ||||||
25 | (c) (Blank).
| ||||||
26 | (d) The expiration date and renewal period for an |
| |||||||
| |||||||
1 | associate real estate
trainee appraiser license issued under | ||||||
2 | this
Act shall be set by rule. Except as otherwise provided in | ||||||
3 | subsections (e) and
(f) of this Section, the holder
of an | ||||||
4 | associate real estate trainee appraiser license may renew the | ||||||
5 | license within 90
days preceding the expiration date by:
| ||||||
6 | (1) completing and submitting to the Department, or | ||||||
7 | through a multi-state licensing system as designated by | ||||||
8 | the Secretary,
a renewal application form as
provided by | ||||||
9 | the Department;
| ||||||
10 | (2) paying the required fees; and
| ||||||
11 | (3) providing evidence to the Department, or through a | ||||||
12 | multi-state licensing system as designated by the | ||||||
13 | Secretary, of successful completion of the continuing
| ||||||
14 | education requirements through
courses approved by the | ||||||
15 | Department
from education providers approved
by the | ||||||
16 | Department, as established by rule.
| ||||||
17 | (e) Any associate real estate trainee appraiser trainee | ||||||
18 | whose license under this Act has
expired may
renew the license | ||||||
19 | for a period of 2 years following the expiration date
by | ||||||
20 | complying with the requirements of paragraphs
(1), (2), and | ||||||
21 | (3) of subsection (d) of this Section and paying any late
| ||||||
22 | penalties
as established by rule.
| ||||||
23 | (f) Notwithstanding subsections (c) and (e), an
appraiser | ||||||
24 | whose license
under this Act has expired may renew or convert | ||||||
25 | the license without
paying any lapsed renewal
fees or late | ||||||
26 | penalties if the license expired while the appraiser was:
|
| |||||||
| |||||||
1 | (1) on active duty with the United States Armed | ||||||
2 | Services;
| ||||||
3 | (2) serving as the Coordinator
of Real Estate | ||||||
4 | Appraisal or an employee of
the Department
who was | ||||||
5 | required to surrender the his or her license during the | ||||||
6 | term of
employment.
| ||||||
7 | Application for renewal must be made within 2 years | ||||||
8 | following
the termination of the military service or related | ||||||
9 | education, training, or
employment and shall include an | ||||||
10 | affidavit from the licensee of engagement . The
licensee shall | ||||||
11 | furnish the Department
with an affidavit that he or she was so | ||||||
12 | engaged.
| ||||||
13 | (g) The Department
shall provide reasonable care and due | ||||||
14 | diligence to ensure that each
licensee under this Act
is | ||||||
15 | provided with a renewal application at least 90 days prior to | ||||||
16 | the expiration
date, but
each licensee is responsible to
| ||||||
17 | timely renewal or conversion of the renew or convert his or her | ||||||
18 | license prior to its expiration date is the responsibility of | ||||||
19 | the licensee . | ||||||
20 | (h) The Department shall not renew a license if the | ||||||
21 | licensee has an unpaid fine from a disciplinary matter or an | ||||||
22 | unpaid fee from a non-disciplinary action imposed by the | ||||||
23 | Department until the fine or fee is paid to the Department or | ||||||
24 | the licensee has entered into a payment plan and is current on | ||||||
25 | the required payments. | ||||||
26 | (i) The Department shall not issue a license if the |
| |||||||
| |||||||
1 | applicant has an unpaid fine imposed by the Department for | ||||||
2 | unlicensed practice until the fine is paid to the Department | ||||||
3 | or the applicant has entered into a payment plan and is current | ||||||
4 | on the required payments.
| ||||||
5 | (Source: P.A. 100-604, eff. 7-13-18; 100-832, eff. 1-1-19; | ||||||
6 | 101-81, eff. 7-12-19.)
| ||||||
7 | (225 ILCS 458/5-26 new) | ||||||
8 | Sec. 5-26. Inactive licenses. Any licensee who notifies | ||||||
9 | the Department, in writing on forms prescribed by the | ||||||
10 | Department, may elect to place the license on an inactive | ||||||
11 | status and shall, subject to the rules of the Department, be | ||||||
12 | excused from payment of renewal fees until notification in | ||||||
13 | writing to the Department of the desire to resume active | ||||||
14 | status. Any licensee requesting reinstatement from inactive | ||||||
15 | status shall pay the current renewal fee, provide proof of | ||||||
16 | meeting the continuing education requirements for the period | ||||||
17 | of time the license is inactive (not to exceed 2 renewal | ||||||
18 | periods), and follow the requirements for reinstatement as | ||||||
19 | provided by rule. Any licensee whose license is in an inactive | ||||||
20 | status shall not practice in the State of Illinois. The | ||||||
21 | Department will update the licensee's record in the National | ||||||
22 | Registry to show that the license is inactive.
| ||||||
23 | (225 ILCS 458/5-30)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2022)
|
| |||||||
| |||||||
1 | Sec. 5-30. Endorsement. The Department may issue an | ||||||
2 | appraiser license, without the required examination, to an | ||||||
3 | applicant licensed by another state, territory, possession of | ||||||
4 | the United States, or the District of
Columbia, if (i) the | ||||||
5 | licensing
requirements of that licensing authority are, on the | ||||||
6 | date of licensure, substantially equal to the requirements set | ||||||
7 | forth under this Act or to a person who, at the time of the his | ||||||
8 | or her application, possessed individual qualifications that | ||||||
9 | were substantially equivalent to the requirements of this Act | ||||||
10 | or (ii) the applicant provides the Department
with evidence of | ||||||
11 | good standing from
the Appraisal Subcommittee National | ||||||
12 | Registry
report and a criminal history records check in | ||||||
13 | accordance with Section 5-22. An applicant under this Section | ||||||
14 | shall pay all of the required fees.
| ||||||
15 | (Source: P.A. 98-1109, eff. 1-1-15 .)
| ||||||
16 | (225 ILCS 458/5-35)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
18 | Sec. 5-35. Qualifying education requirements. (a) The | ||||||
19 | prerequisite
classroom hours necessary for a person to be
| ||||||
20 | approved to sit for the examination for licensure as a
State
| ||||||
21 | certified general real
estate
appraiser
or
a State certified | ||||||
22 | residential
real estate appraiser
shall be in accordance with | ||||||
23 | AQB criteria and established
by rule.
| ||||||
24 | (b) The prerequisite classroom hours necessary for a | ||||||
25 | person
to sit for the examination for licensure as an |
| |||||||
| |||||||
1 | associate real
estate trainee appraiser shall be established | ||||||
2 | by rule.
| ||||||
3 | (Source: P.A. 98-1109, eff. 1-1-15 .)
| ||||||
4 | (225 ILCS 458/10-5)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
6 | Sec. 10-5. Scope of practice.
| ||||||
7 | (a) This Act does not limit a
State
certified general real | ||||||
8 | estate appraiser's appraiser
in his or
her scope of practice | ||||||
9 | in
a federally related transaction. A State certified general | ||||||
10 | real estate appraiser
may independently provide
appraisal
| ||||||
11 | services, review, or consult related consulting
relating to | ||||||
12 | any type of property for which there is related he or she has | ||||||
13 | experience or
competency by the appraiser is
competent . All | ||||||
14 | such appraisal
practice must be made in accordance with the | ||||||
15 | provisions of USPAP, criteria
established by the AQB, and | ||||||
16 | rules adopted pursuant to this Act.
| ||||||
17 | (b) A State certified residential real estate appraiser is | ||||||
18 | limited in his or
her scope of practice
to
the provisions of | ||||||
19 | USPAP, criteria established by the AQB, and the
rules adopted | ||||||
20 | pursuant to this Act.
| ||||||
21 | (c) A State certified residential real estate appraiser | ||||||
22 | must have a State certified general real estate appraiser who | ||||||
23 | holds a valid license under this Act co-sign all appraisal | ||||||
24 | reports on properties other than one to 4 units of residential | ||||||
25 | real property without regard to transaction value or |
| |||||||
| |||||||
1 | complexity.
| ||||||
2 | (d) An associate real estate trainee appraiser is limited | ||||||
3 | in his or her scope of
practice in all transactions in | ||||||
4 | accordance with the provisions of
USPAP, this
Act, and the | ||||||
5 | rules adopted pursuant to this Act. In addition,
an associate | ||||||
6 | real estate trainee appraiser shall be required to have
a | ||||||
7 | State certified
general real estate
appraiser or State | ||||||
8 | certified residential real estate appraiser who holds a
valid | ||||||
9 | license under this Act
to co-sign all appraisal reports. A | ||||||
10 | supervising appraiser may not supervise more than 3 associate | ||||||
11 | real estate trainee appraisers at one time. Associate real | ||||||
12 | estate trainee appraisers shall not be limited in the number | ||||||
13 | of concurrent supervising appraisers. A chronological | ||||||
14 | appraisal log on an approved log form shall be maintained by | ||||||
15 | the associate real estate trainee appraiser and shall be made | ||||||
16 | available to the Department upon request.
| ||||||
17 | (Source: P.A. 97-602, eff. 8-26-11; 98-1109, eff. 1-1-15 .)
| ||||||
18 | (225 ILCS 458/10-10)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
20 | Sec. 10-10. Standards of practice. All persons licensed | ||||||
21 | under this Act
must comply with standards
of professional | ||||||
22 | appraisal practice adopted by the Department. The Department
| ||||||
23 | must adopt, as part
of
its rules, the Uniform
Standards of | ||||||
24 | Professional Appraisal Practice (USPAP) as published from time | ||||||
25 | to time by
the Appraisal Standards
Board of the Appraisal |
| |||||||
| |||||||
1 | Foundation. The Department
shall consider federal laws and
| ||||||
2 | regulations regarding the
licensure of real estate appraisers | ||||||
3 | prior to adopting its rules for the
administration of this | ||||||
4 | Act. When an appraisal obtained through an appraisal | ||||||
5 | management company is used for loan purposes, the borrower or | ||||||
6 | loan applicant shall be provided with a written disclosure of | ||||||
7 | the total compensation to the appraiser or appraisal firm | ||||||
8 | within the body certification of the appraisal report and it | ||||||
9 | shall not be redacted or otherwise obscured.
| ||||||
10 | (Source: P.A. 96-844, eff. 12-23-09; 97-602, eff. 8-26-11.)
| ||||||
11 | (225 ILCS 458/15-5)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
13 | Sec. 15-5. Unlicensed practice; civil penalty; injunctive | ||||||
14 | relief; unlawful influence.
| ||||||
15 | (a) A person who violates Section 5-5 of this Act
shall, in | ||||||
16 | addition to any other penalty provided by law, pay a civil | ||||||
17 | penalty
to the Department
in an amount not
to exceed $25,000
| ||||||
18 | for each violation as determined by the Secretary. The
civil | ||||||
19 | penalty shall
be assessed by the Secretary
after a hearing in | ||||||
20 | accordance with the provisions of this Act regarding the | ||||||
21 | provision of a hearing for the discipline of a license.
| ||||||
22 | (b) The Department
has the authority to investigate any | ||||||
23 | activity that may violate
this Act.
| ||||||
24 | (c) A civil penalty imposed pursuant to subsection (a) | ||||||
25 | shall be paid within
60 days after the effective date
of the |
| |||||||
| |||||||
1 | order imposing the
civil penalty. The order shall constitute a | ||||||
2 | judgment and may be filed and executed in the same manner as | ||||||
3 | any judgment from any court of record.
Any civil penalty | ||||||
4 | collected under this Act shall be made payable to the | ||||||
5 | Department of Financial and Professional Regulation
and
| ||||||
6 | deposited into the Appraisal Administration Fund. In addition | ||||||
7 | to or in lieu of
the imposition of a civil
penalty, the | ||||||
8 | Department
may report a violation of this Act or the failure or | ||||||
9 | refusal to
comply with an order of the Department
to the | ||||||
10 | Attorney General or to the appropriate State's Attorney.
| ||||||
11 | (d) Practicing as an appraiser without holding an active a | ||||||
12 | valid license as required
under this Act
is declared
to be | ||||||
13 | adverse to the public welfare, to constitute a public | ||||||
14 | nuisance, and to
cause irreparable harm to the
public welfare. | ||||||
15 | The Secretary, the Attorney General, or the State's
Attorney
| ||||||
16 | of any county in the State
may maintain an action for | ||||||
17 | injunctive relief in any circuit court to enjoin any
person | ||||||
18 | from
engaging in such practice.
| ||||||
19 | Upon the filing of a verified petition in a circuit court, | ||||||
20 | the court, if
satisfied by affidavit or otherwise that
a | ||||||
21 | person has been engaged in the practice of real estate | ||||||
22 | appraisal without an active a
valid license,
may enter a | ||||||
23 | temporary restraining order without notice or bond
enjoining | ||||||
24 | the defendant
from further practice. The showing of | ||||||
25 | non-licensure, by affidavit or
otherwise, is sufficient
for | ||||||
26 | the issuance of a temporary injunction.
If it is established |
| |||||||
| |||||||
1 | that the defendant has been or is engaged
in unlawful | ||||||
2 | practice, the court
may enter an order or judgment perpetually | ||||||
3 | enjoining the defendant from further
unlawful practice. In all
| ||||||
4 | proceedings under this Section, the court, in its discretion, | ||||||
5 | may apportion the
costs among the parties interested
in the | ||||||
6 | action, including the cost of filing the complaint, service of | ||||||
7 | process,
witness fees and expenses, court
reporter charges, | ||||||
8 | and reasonable attorneys' fees.
These injunction proceedings | ||||||
9 | shall be in addition to, and not in lieu of, all
penalties and | ||||||
10 | other remedies
provided in this Act.
| ||||||
11 | (e) No person shall influence or attempt to influence | ||||||
12 | through coercion, extortion, or bribery the independent | ||||||
13 | judgment of an appraiser licensed or certified under this Act | ||||||
14 | in the development, reporting, result, or review of a real | ||||||
15 | estate appraisal. A person who violates this subsection (e) is | ||||||
16 | guilty of a Class A misdemeanor for the first offense and a | ||||||
17 | Class 4 felony for any subsequent offense.
| ||||||
18 | (Source: P.A. 96-844, eff. 12-23-09 .)
| ||||||
19 | (225 ILCS 458/15-10)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
21 | Sec. 15-10. Grounds for disciplinary action.
| ||||||
22 | (a) The Department
may suspend, revoke,
refuse to issue,
| ||||||
23 | renew, or restore a license and may reprimand place on | ||||||
24 | probation or administrative
supervision,
or take any | ||||||
25 | disciplinary or non-disciplinary action, including
imposing
|
| |||||||
| |||||||
1 | conditions limiting the scope, nature, or extent of the real | ||||||
2 | estate appraisal
practice of a
licensee or reducing the | ||||||
3 | appraisal rank of a licensee,
and may impose an administrative | ||||||
4 | fine
not to exceed $25,000 for each violation upon a licensee
| ||||||
5 | for any one or combination of the following:
| ||||||
6 | (1) Procuring or attempting to procure a license by | ||||||
7 | knowingly making a
false statement,
submitting false | ||||||
8 | information, engaging in any form of fraud or
| ||||||
9 | misrepresentation,
or refusing
to provide complete | ||||||
10 | information in response to a question in an application | ||||||
11 | for
licensure.
| ||||||
12 | (2) Failing to meet the minimum qualifications for | ||||||
13 | licensure as an
appraiser established by this
Act.
| ||||||
14 | (3) Paying money, other than for the fees provided for | ||||||
15 | by this Act, or
anything of value to a
member or employee | ||||||
16 | of the Board or the Department
to procure
licensure
under | ||||||
17 | this Act.
| ||||||
18 | (4) Conviction of, or by plea of guilty or nolo | ||||||
19 | contendere, as enumerated in subsection (e) of Section | ||||||
20 | 5-22 finding of guilt, jury verdict, or entry of judgment | ||||||
21 | or by sentencing of any crime, including, but not limited | ||||||
22 | to, convictions, preceding sentences of supervision, | ||||||
23 | conditional discharge, or first offender probation , under | ||||||
24 | the laws of any jurisdiction of the United States: (i) | ||||||
25 | that is a felony , ; or (ii) that is a misdemeanor, or | ||||||
26 | administrative sanction or (ii) that is a crime that |
| |||||||
| |||||||
1 | subjects the licensee to compliance with the requirements | ||||||
2 | of the Sex Offender Registration Act an essential element | ||||||
3 | of which is dishonesty, or that is directly related to the | ||||||
4 | practice of the profession .
| ||||||
5 | (5) Committing an act or omission involving | ||||||
6 | dishonesty, fraud, or
misrepresentation with the intent to
| ||||||
7 | substantially benefit the licensee or another person or | ||||||
8 | with intent to
substantially injure
another person as | ||||||
9 | defined by rule.
| ||||||
10 | (6) Violating a provision or standard for the | ||||||
11 | development or
communication of real estate
appraisals as | ||||||
12 | provided in Section 10-10 of this Act or as defined by | ||||||
13 | rule.
| ||||||
14 | (7) Failing or refusing without good cause to exercise | ||||||
15 | reasonable
diligence in developing, reporting,
or | ||||||
16 | communicating an appraisal, as defined by this Act or by | ||||||
17 | rule.
| ||||||
18 | (8) Violating a provision of this Act or the rules | ||||||
19 | adopted pursuant to
this Act.
| ||||||
20 | (9) Having been disciplined by another state, the | ||||||
21 | District of Columbia, a
territory, a foreign nation,
a | ||||||
22 | governmental agency, or any other entity authorized to | ||||||
23 | impose discipline if
at least one of
the grounds for that | ||||||
24 | discipline is the same as or the equivalent of one of the
| ||||||
25 | grounds for
which a licensee may be disciplined under this | ||||||
26 | Act.
|
| |||||||
| |||||||
1 | (10) Engaging in dishonorable, unethical, or | ||||||
2 | unprofessional conduct of a
character likely to
deceive, | ||||||
3 | defraud, or harm the public.
| ||||||
4 | (11) Accepting an appraisal assignment when the | ||||||
5 | employment
itself is contingent
upon the appraiser | ||||||
6 | reporting a predetermined estimate, analysis, or opinion | ||||||
7 | or
when the fee
to be paid is contingent upon the opinion, | ||||||
8 | conclusion, or valuation reached or
upon the
consequences | ||||||
9 | resulting from the appraisal assignment.
| ||||||
10 | (12) Developing valuation conclusions based on the | ||||||
11 | race, color, religion,
sex, national origin,
ancestry, | ||||||
12 | age, marital status, family status, physical or mental | ||||||
13 | disability, sexual orientation, pregnancy, order of | ||||||
14 | protection status, military status, or
unfavorable
| ||||||
15 | military discharge, as defined under the Illinois Human | ||||||
16 | Rights Act, of the
prospective or
present owners or | ||||||
17 | occupants of the area or property under appraisal.
| ||||||
18 | (13) Violating the confidential nature of government | ||||||
19 | records to which
the licensee gained
access through | ||||||
20 | employment or engagement as an appraiser by a government | ||||||
21 | agency.
| ||||||
22 | (14) Being adjudicated liable in a civil proceeding on | ||||||
23 | grounds of
fraud, misrepresentation, or
deceit. In a | ||||||
24 | disciplinary proceeding based upon a finding of civil | ||||||
25 | liability,
the appraiser shall
be afforded an opportunity | ||||||
26 | to present mitigating and extenuating circumstances,
but |
| |||||||
| |||||||
1 | may not
collaterally attack the civil adjudication.
| ||||||
2 | (15) Being adjudicated liable in a civil proceeding | ||||||
3 | for violation of
a state or federal fair
housing law.
| ||||||
4 | (16) Engaging in misleading or untruthful advertising | ||||||
5 | or using a trade
name or insignia of
membership in a real | ||||||
6 | estate appraisal or real estate organization of
which the | ||||||
7 | licensee is
not a member.
| ||||||
8 | (17) Failing to fully cooperate with a Department | ||||||
9 | investigation by knowingly
making a false
statement, | ||||||
10 | submitting false or misleading information, or refusing to | ||||||
11 | provide
complete information in response to written
| ||||||
12 | interrogatories or a written
request for documentation | ||||||
13 | within 30 days of the request.
| ||||||
14 | (18) Failing to include within the certificate of | ||||||
15 | appraisal for all
written appraisal reports the | ||||||
16 | appraiser's license number and licensure title.
All | ||||||
17 | appraisers providing significant contribution to the | ||||||
18 | development and
reporting of an appraisal must be | ||||||
19 | disclosed in the appraisal report. It is a
violation of | ||||||
20 | this Act for an
appraiser to sign a report,
transmittal | ||||||
21 | letter, or appraisal certification knowing that a person | ||||||
22 | providing
a significant
contribution to the report has not | ||||||
23 | been disclosed in the appraisal report.
| ||||||
24 | (19) Violating the terms of a disciplinary order or | ||||||
25 | consent to administrative supervision order. | ||||||
26 | (20) Habitual or excessive use or addiction to |
| |||||||
| |||||||
1 | alcohol, narcotics, stimulants, or any other chemical | ||||||
2 | agent or drug that results in a licensee's inability to | ||||||
3 | practice with reasonable judgment, skill, or safety. | ||||||
4 | (21) A physical or mental illness or disability which | ||||||
5 | results in the inability to practice under this Act with | ||||||
6 | reasonable judgment, skill, or safety.
| ||||||
7 | (22) Gross negligence in developing an appraisal or in | ||||||
8 | communicating an appraisal or failing to observe one or | ||||||
9 | more of the Uniform Standards of Professional Appraisal | ||||||
10 | Practice. | ||||||
11 | (23) A pattern of practice or other behavior that | ||||||
12 | demonstrates incapacity or incompetence to practice under | ||||||
13 | this Act. | ||||||
14 | (24) Using or attempting to use the seal, certificate, | ||||||
15 | or license of another as one's his or her own; falsely | ||||||
16 | impersonating any duly licensed appraiser; using or | ||||||
17 | attempting to use an inactive, expired, suspended, or | ||||||
18 | revoked license; or aiding or abetting any of the | ||||||
19 | foregoing. | ||||||
20 | (25) Solicitation of professional services by using | ||||||
21 | false, misleading, or deceptive advertising. | ||||||
22 | (26) Making a material misstatement in furnishing | ||||||
23 | information to the Department. | ||||||
24 | (27) Failure to furnish information to the Department | ||||||
25 | upon written request. | ||||||
26 | (b) The Department
may reprimand suspend, revoke,
or |
| |||||||
| |||||||
1 | refuse to issue or renew an education provider's
license, may | ||||||
2 | reprimand, place on probation, or otherwise discipline
an | ||||||
3 | education provider
and may suspend or revoke the course | ||||||
4 | approval of any course offered by
an education provider and | ||||||
5 | may impose an administrative fine
not to exceed $25,000 upon
| ||||||
6 | an education provider,
for any of the following:
| ||||||
7 | (1) Procuring or attempting to procure licensure by | ||||||
8 | knowingly making a
false statement,
submitting false | ||||||
9 | information, engaging in any form of fraud or
| ||||||
10 | misrepresentation, or
refusing to
provide complete | ||||||
11 | information in response to a question in an application | ||||||
12 | for
licensure.
| ||||||
13 | (2) Failing to comply with the covenants certified to | ||||||
14 | on the application
for licensure as an education provider.
| ||||||
15 | (3) Committing an act or omission involving | ||||||
16 | dishonesty, fraud, or
misrepresentation or allowing any | ||||||
17 | such act or omission by
any employee or contractor under | ||||||
18 | the control of the provider.
| ||||||
19 | (4) Engaging in misleading or untruthful advertising.
| ||||||
20 | (5) Failing to retain competent instructors in | ||||||
21 | accordance with rules
adopted
under this Act.
| ||||||
22 | (6) Failing to meet the topic or time requirements for | ||||||
23 | course approval as
the provider of a qualifying
curriculum | ||||||
24 | course or a continuing education course.
| ||||||
25 | (7) Failing to administer an approved course using the | ||||||
26 | course materials,
syllabus, and examinations
submitted as |
| |||||||
| |||||||
1 | the basis of the course approval.
| ||||||
2 | (8) Failing to provide an appropriate classroom | ||||||
3 | environment for
presentation of courses, with
| ||||||
4 | consideration for student comfort, acoustics, lighting, | ||||||
5 | seating, workspace, and
visual aid material.
| ||||||
6 | (9) Failing to maintain student records in compliance | ||||||
7 | with the rules
adopted under this Act.
| ||||||
8 | (10) Failing to provide a certificate, transcript, or | ||||||
9 | other student
record to the Department
or to a student
as | ||||||
10 | may be required by rule.
| ||||||
11 | (11) Failing to fully cooperate with an
investigation | ||||||
12 | by the Department by knowingly
making a false
statement, | ||||||
13 | submitting false or misleading information, or refusing to | ||||||
14 | provide
complete information in response to written | ||||||
15 | interrogatories or a written
request for documentation | ||||||
16 | within 30 days of the request.
| ||||||
17 | (c) In appropriate cases, the Department
may resolve a | ||||||
18 | complaint against a licensee
through the issuance of a Consent | ||||||
19 | to Administrative Supervision order.
A licensee subject to a | ||||||
20 | Consent to Administrative Supervision order
shall be | ||||||
21 | considered by the Department
as an active licensee in good | ||||||
22 | standing. This order shall not be reported or
considered by | ||||||
23 | the Department
to be a discipline
of the licensee. The records | ||||||
24 | regarding an investigation and a Consent to
Administrative | ||||||
25 | Supervision order
shall be considered confidential and shall | ||||||
26 | not be released by the Department
except
as mandated by law.
A |
| |||||||
| |||||||
1 | complainant shall be notified if the his or her complaint has | ||||||
2 | been resolved
by a Consent to
Administrative Supervision | ||||||
3 | order.
| ||||||
4 | (Source: P.A. 97-602, eff. 8-26-11; 97-877, eff. 8-2-12; | ||||||
5 | 98-1109, eff. 1-1-15 .)
| ||||||
6 | (225 ILCS 458/15-10.1 new) | ||||||
7 | Sec. 15-10.1. Citations. | ||||||
8 | (a) The Department may adopt rules to permit the issuance | ||||||
9 | of citations to any licensee for failure to comply with the | ||||||
10 | continuing education requirements set forth in this Act or as | ||||||
11 | established by rule. The citation shall be issued to the | ||||||
12 | licensee. For associate real estate trainee appraisers, a copy | ||||||
13 | shall also be sent to the licensee's supervising appraiser of | ||||||
14 | record. The citation shall contain the licensee's name, the | ||||||
15 | licensee's address, the licensee's license number, the number | ||||||
16 | of required hours of continuing education that have not been | ||||||
17 | successfully completed by the licensee within the renewal | ||||||
18 | period, and the penalty imposed, which shall not exceed | ||||||
19 | $2,000. The issuance of a citation shall not excuse the | ||||||
20 | licensee from completing all continuing education required for | ||||||
21 | that renewal period. | ||||||
22 | (b) Service of a citation shall be made in person, | ||||||
23 | electronically, or by mail to the licensee at the licensee's | ||||||
24 | address of record or email address of record. Service of a | ||||||
25 | citation must clearly state that if the cited licensee wishes |
| |||||||
| |||||||
1 | to dispute the citation, the cited licensee may make a written | ||||||
2 | request, within 30 days after the citation is served, for a | ||||||
3 | hearing before the Department. If the cited licensee does not | ||||||
4 | request a hearing within 30 days after the citation is served, | ||||||
5 | then the citation shall become a final, non-disciplinary | ||||||
6 | order, and any fine imposed is due and payable within 60 days | ||||||
7 | after that final order. If the cited licensee requests a | ||||||
8 | hearing within 30 days after the citation is served, the | ||||||
9 | Department shall afford the cited licensee a hearing conducted | ||||||
10 | in the same manner as a hearing provided for in this Act for | ||||||
11 | any violation of this Act and shall determine whether the | ||||||
12 | cited licensee committed the violation as charged and whether | ||||||
13 | the fine as levied is warranted. If the violation is found, any | ||||||
14 | fine shall constitute non-public discipline and be due and | ||||||
15 | payable within 30 days after the order of the Secretary, which | ||||||
16 | shall constitute a final order of the Department. No change in | ||||||
17 | license status may be made by the Department until a final | ||||||
18 | order of the Department has been issued. | ||||||
19 | (c) Payment of a fine that has been assessed pursuant to | ||||||
20 | this Section shall not constitute disciplinary action | ||||||
21 | reportable on the Department's website or elsewhere unless a | ||||||
22 | licensee has previously received 2 or more citations and been | ||||||
23 | assessed 2 or more fines. | ||||||
24 | (d) Nothing in this Section shall prohibit or limit the | ||||||
25 | Department from taking further action pursuant to this Act and | ||||||
26 | rules for additional, repeated, or continuing violations.
|
| |||||||
| |||||||
1 | (225 ILCS 458/15-11 new) | ||||||
2 | Sec. 15-11. Illegal discrimination. When there has been | ||||||
3 | an adjudication in a civil or criminal proceeding that a | ||||||
4 | licensee has illegally discriminated while engaged in any | ||||||
5 | activity for which a license is required under this Act, the | ||||||
6 | Department, upon the recommendation of the Board as to the | ||||||
7 | extent of the suspension or revocation, shall suspend or | ||||||
8 | revoke the license of that licensee in a timely manner, unless | ||||||
9 | the adjudication is in the appeal process. When there has been | ||||||
10 | an order in an administrative proceeding finding that a | ||||||
11 | licensee has illegally discriminated while engaged in any | ||||||
12 | activity for which a license is required under this Act, the | ||||||
13 | Department, upon recommendation of the Board as to the nature | ||||||
14 | and extent of the discipline, shall take one or more of the | ||||||
15 | disciplinary actions provided for in Section 15-10 in a timely | ||||||
16 | manner, unless the administrative order is in the appeal | ||||||
17 | process.
| ||||||
18 | (225 ILCS 458/15-15)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
20 | Sec. 15-15. Investigation; notice; hearing.
| ||||||
21 | (a) Upon the motion of the Department
or the Board or
upon | ||||||
22 | a complaint in
writing of a person setting forth facts that, if | ||||||
23 | proven, would constitute
grounds for suspension, revocation,
| ||||||
24 | or other disciplinary action against a licensee or applicant |
| |||||||
| |||||||
1 | for licensure, the Department
shall investigate the actions of | ||||||
2 | the licensee or applicant. If, upon investigation, the | ||||||
3 | Department believes that there may be cause for suspension, | ||||||
4 | revocation, or other disciplinary action, the Department shall | ||||||
5 | use the services of a State certified general real estate | ||||||
6 | appraiser, a State certified residential real estate | ||||||
7 | appraiser, or the Real Estate Coordinator to assist in | ||||||
8 | determining whether grounds for disciplinary action exist | ||||||
9 | prior to commencing formal disciplinary proceedings.
| ||||||
10 | (b) Formal disciplinary proceedings shall commence upon | ||||||
11 | the issuance of a
written complaint
describing the charges | ||||||
12 | that are the basis of the disciplinary action and
delivery of | ||||||
13 | the detailed complaint to the address of
record of the | ||||||
14 | licensee or applicant. For an associate real estate trainee | ||||||
15 | appraiser, a copy shall also be sent to the licensee's | ||||||
16 | supervising appraiser of record. The Department
shall notify | ||||||
17 | the licensee or
applicant
to file a verified written
answer | ||||||
18 | within 20 days after the service of the notice and complaint.
| ||||||
19 | The
notification shall inform the licensee or applicant of the | ||||||
20 | his or her
right to be heard in person or by
legal counsel; | ||||||
21 | that the hearing will be afforded not sooner than 20 30 days | ||||||
22 | after
service
of the complaint; that failure to file an answer | ||||||
23 | will result in a default being
entered against the licensee or | ||||||
24 | applicant;
that the license may be suspended, revoked, or | ||||||
25 | placed on
probationary status; and that other
disciplinary | ||||||
26 | action may be taken pursuant to this Act, including limiting |
| |||||||
| |||||||
1 | the
scope, nature, or extent of the licensee's
practice. If | ||||||
2 | the licensee or applicant fails to file an answer after | ||||||
3 | service of
notice, the respective his or her license may,
at | ||||||
4 | the discretion of the Department, be suspended,
revoked, or | ||||||
5 | placed on probationary
status and the Department
may take | ||||||
6 | whatever disciplinary
action it deems proper,
including | ||||||
7 | limiting the scope, nature, or extent of the person's | ||||||
8 | practice,
without a hearing.
| ||||||
9 | (c) At the time and place fixed in the notice, the Board | ||||||
10 | shall conduct
hearing of the charges, providing
both the | ||||||
11 | accused person and the complainant ample opportunity to | ||||||
12 | present in
person
or by counsel such statements, testimony, | ||||||
13 | evidence, and argument as may be
pertinent to the charges or
to | ||||||
14 | a defense thereto.
| ||||||
15 | (d) The Board shall present to the Secretary
a written | ||||||
16 | report of its
findings of fact and
recommendations. A copy of | ||||||
17 | the report shall be served upon the licensee or
applicant,
| ||||||
18 | either personally , or by certified
mail , or, at the discretion | ||||||
19 | of the Department, by electronic means . For associate real | ||||||
20 | estate trainee appraisers, a copy shall also be sent to the | ||||||
21 | licensee's supervising appraiser of record. Within 20 days | ||||||
22 | after the service, the licensee or applicant may present
the | ||||||
23 | Secretary
with a motion in writing
for either a rehearing , a | ||||||
24 | proposed finding of fact, a conclusion of law, or an
| ||||||
25 | alternative sanction, and shall
specify the particular grounds | ||||||
26 | for the request. If the accused orders a
transcript of the |
| |||||||
| |||||||
1 | record
as provided in this Act, the time elapsing thereafter | ||||||
2 | and before the transcript
is ready for delivery to the
accused | ||||||
3 | shall not be counted as part of the 20 days. If the Secretary
| ||||||
4 | is
not satisfied that
substantial justice has been done, the | ||||||
5 | Secretary
may order a rehearing by
the Board or other
special | ||||||
6 | committee appointed by the Secretary, may remand the matter to | ||||||
7 | the
Board for its
reconsideration of the matter based on the | ||||||
8 | pleadings and evidence presented to
the Board, or may enter
a | ||||||
9 | final order in contravention of the Board's recommendation. | ||||||
10 | Notwithstanding a licensee's or applicant's failure to file a | ||||||
11 | motion for rehearing, the Secretary
shall have the right to | ||||||
12 | take any of
the actions specified in this
subsection (d). Upon | ||||||
13 | the suspension or revocation of a license, the licensee
shall
| ||||||
14 | be required to surrender the respective his
or her license to | ||||||
15 | the Department, and upon failure or refusal to do so, the | ||||||
16 | Department
shall have
the right to seize the
license.
| ||||||
17 | (e) The Department
has the power to issue subpoenas and
| ||||||
18 | subpoenas duces tecum
to bring before it any person in this | ||||||
19 | State, to take testimony, or to require
production of any | ||||||
20 | records
relevant to an inquiry or hearing by the Board in the | ||||||
21 | same manner as prescribed
by law in judicial
proceedings in | ||||||
22 | the courts of this State. In a case of refusal of a witness to
| ||||||
23 | attend, testify, or to produce
books or papers concerning a | ||||||
24 | matter upon which the witness he or she might be lawfully
| ||||||
25 | examined, the circuit court
of the county where the hearing is | ||||||
26 | held, upon application of the Department
or any
party to the |
| |||||||
| |||||||
1 | proceeding, may compel obedience by proceedings as for | ||||||
2 | contempt.
| ||||||
3 | (f) Any license that is suspended indefinitely or revoked | ||||||
4 | may not be
restored for a minimum period
of 3 2 years , or as | ||||||
5 | otherwise ordered by the Secretary .
| ||||||
6 | (g) In addition to the provisions of this Section | ||||||
7 | concerning the conduct of
hearings and the
recommendations for | ||||||
8 | discipline, the Department
has the authority to negotiate
| ||||||
9 | disciplinary and non-disciplinary
settlement agreements | ||||||
10 | concerning any license issued under this Act. All such
| ||||||
11 | agreements shall be
recorded as Consent Orders or Consent to | ||||||
12 | Administrative Supervision Orders.
| ||||||
13 | (h) The Secretary
shall have the authority to appoint an | ||||||
14 | attorney duly
licensed to practice law in the
State of | ||||||
15 | Illinois to serve as the hearing officer in any action to | ||||||
16 | suspend,
revoke, or otherwise discipline
any license issued by | ||||||
17 | the Department. The Hearing Officer
shall have full authority
| ||||||
18 | to conduct the hearing.
| ||||||
19 | (i) The Department, at its expense, shall preserve a | ||||||
20 | record of all formal hearings of
any contested case involving
| ||||||
21 | the discipline of a license. At all hearings or pre-hearing | ||||||
22 | conferences, the Department
and the licensee shall be
entitled | ||||||
23 | to have the proceedings transcribed by a certified shorthand | ||||||
24 | reporter.
A copy of the transcribed
proceedings shall be made | ||||||
25 | available to the licensee by the certified shorthand
reporter | ||||||
26 | upon payment of
the prevailing contract copy rate.
|
| |||||||
| |||||||
1 | (Source: P.A. 100-831, eff. 1-1-19 .)
| ||||||
2 | (225 ILCS 458/15-55)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
4 | Sec. 15-55. Checks , credit card charges, or orders to | ||||||
5 | Department dishonored because of insufficient funds. Any | ||||||
6 | person who : | ||||||
7 | (1)
delivers a check or other
payment to the | ||||||
8 | Department
that is returned to
the Department unpaid by | ||||||
9 | the financial institution
upon which it was drawn ; or | ||||||
10 | (2) presents a credit card or debit card for payment | ||||||
11 | that is invalid or expired or against which charges by the | ||||||
12 | Department are declined or dishonored;
| ||||||
13 | shall pay to the Department, in addition to the amount already | ||||||
14 | owed to the Department, a fine of
$50. The fines imposed by | ||||||
15 | this Section are in addition to any other discipline provided | ||||||
16 | under this Act for unlicensed practice or practice on a | ||||||
17 | non-renewed license. The Department shall notify the applicant | ||||||
18 | or licensee that payment of fees and fines shall be paid to the | ||||||
19 | Department by certified check or money order within 30 | ||||||
20 | calendar days after the notification.
If, after
the expiration | ||||||
21 | of 30 days from the date of the notification, the person has | ||||||
22 | failed to submit the necessary remittance, the Department | ||||||
23 | shall automatically terminate the license or deny the | ||||||
24 | application, without hearing. After If, after termination or | ||||||
25 | denial, the person seeking seeks a license , he or she must |
| |||||||
| |||||||
1 | apply to the Department for restoration or issuance of the | ||||||
2 | license and pay all fees and fines due to the Department. The | ||||||
3 | Department may establish a fee for the processing of an | ||||||
4 | application for restoration of a license to pay all of the | ||||||
5 | expenses of processing the application. The Secretary
may | ||||||
6 | waive
the fines due
under this Section in individual cases | ||||||
7 | where the Secretary
finds that the
penalties or fines would be
| ||||||
8 | unreasonable or unnecessarily burdensome.
| ||||||
9 | (Source: P.A. 96-844, eff. 12-23-09 .)
| ||||||
10 | (225 ILCS 458/20-5)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
12 | Sec. 20-5. Education providers.
| ||||||
13 | (a) No person shall operate an education provider entity | ||||||
14 | without possessing an active license issued by the Department. | ||||||
15 | Only Beginning July 1, 2002, only education providers licensed | ||||||
16 | or otherwise approved by the Department
may
provide the | ||||||
17 | qualifying and continuing education courses required for | ||||||
18 | licensure
under this Act. Every person that desires to obtain | ||||||
19 | an education provider license shall make application to the | ||||||
20 | Department in a manner prescribed by the Department and pay | ||||||
21 | the fee prescribed by rule.
| ||||||
22 | (b) A person or entity seeking to be licensed as an | ||||||
23 | education
provider under this Act
shall provide satisfactory | ||||||
24 | evidence of the following:
| ||||||
25 | (1) a sound financial base for establishing, |
| |||||||
| |||||||
1 | promoting, and delivering the
necessary
courses;
| ||||||
2 | (2) (blank); a sufficient number of qualified | ||||||
3 | instructors;
| ||||||
4 | (3) (blank); adequate support personnel to assist with | ||||||
5 | administrative matters and
technical
assistance;
| ||||||
6 | (4) (blank); a written policy dealing with procedures | ||||||
7 | for management of grievances
and fee refunds;
| ||||||
8 | (5) a qualified administrator, who is responsible for | ||||||
9 | the
administration of the
education provider, courses, and | ||||||
10 | the actions of the instructors; and
| ||||||
11 | (6) any other requirements as provided by rule ; and .
| ||||||
12 | (7) proof of good standing with the Secretary of State | ||||||
13 | and authority to conduct businesses in this State. | ||||||
14 | (c) All applicants for an education provider's license | ||||||
15 | shall make initial
application to the Department
on forms | ||||||
16 | provided by the Department, or through a multi-state licensing | ||||||
17 | system as designated by the Secretary,
and pay the appropriate | ||||||
18 | fee as
provided by rule. The term, expiration date, and | ||||||
19 | renewal of an education
provider's license shall be | ||||||
20 | established by rule.
| ||||||
21 | (d) An education provider shall provide each successful | ||||||
22 | course participant
with a certificate of
completion signed by | ||||||
23 | the school administrator. The format and content of the
| ||||||
24 | certificate shall be specified by rule.
| ||||||
25 | (e) All education providers shall provide to the | ||||||
26 | Department
a monthly roster of all
successful course
|
| |||||||
| |||||||
1 | participants as provided by rule.
| ||||||
2 | (Source: P.A. 100-604, eff. 7-13-18.)
| ||||||
3 | (225 ILCS 458/20-10)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
5 | Sec. 20-10. Course approval.
| ||||||
6 | (a) Only courses offered by licensed education providers | ||||||
7 | and approved
by the Department, courses approved by the AQB, | ||||||
8 | or courses approved by jurisdictions monitored regulated by | ||||||
9 | the Appraisal Subcommittee
shall be used to meet the | ||||||
10 | requirements of this Act and rules.
| ||||||
11 | (b) An education provider licensed under this Act may | ||||||
12 | submit courses to the Department, or through a multi-state | ||||||
13 | licensing system as designated by the Secretary,
for approval.
| ||||||
14 | The criteria, requirements, and fees for courses shall be | ||||||
15 | established
by rule in accordance with
this Act and the | ||||||
16 | criteria established by the AQB.
| ||||||
17 | (c) For each course approved, the Department
shall issue a | ||||||
18 | license to the education
provider. The term, expiration date, | ||||||
19 | and renewal of a course approval shall
be
established by rule.
| ||||||
20 | (d) An education provider must use an instructor for each | ||||||
21 | course approved by the Department who (i) holds a valid real | ||||||
22 | estate appraisal license in good standing as a State certified | ||||||
23 | general real estate appraiser or a State certified residential | ||||||
24 | real estate appraiser in Illinois or any other jurisdiction | ||||||
25 | monitored by the Appraisal Subcommittee, (ii) holds a valid |
| |||||||
| |||||||
1 | teaching certificate issued by the State of Illinois, (iii) is | ||||||
2 | a faculty member in good standing with an accredited college | ||||||
3 | or university or community college, or (iv) satisfies | ||||||
4 | requirements established by rule is an approved appraisal | ||||||
5 | instructor from an appraisal organization that is a member of | ||||||
6 | the Appraisal Foundation . | ||||||
7 | (Source: P.A. 100-604, eff. 7-13-18.)
| ||||||
8 | (225 ILCS 458/25-10)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
10 | Sec. 25-10. Real Estate Appraisal Administration and | ||||||
11 | Disciplinary Board; appointment.
| ||||||
12 | (a) There is hereby created the Real Estate Appraisal | ||||||
13 | Administration and Disciplinary Board. The Board
shall be | ||||||
14 | composed of the Coordinator and 10 persons appointed by the | ||||||
15 | Governor , plus the Coordinator
of
the Real Estate Appraisal | ||||||
16 | Division . Members shall be appointed to the Board
subject to | ||||||
17 | the following conditions:
| ||||||
18 | (1) All appointed members shall have been residents | ||||||
19 | and citizens of this
State for
at least 5 years prior
to | ||||||
20 | the date of appointment.
| ||||||
21 | (2) The appointed membership of the Board should | ||||||
22 | reasonably reflect the
geographic
distribution of the
| ||||||
23 | population of the State.
| ||||||
24 | (3) Four appointed members shall have been actively | ||||||
25 | engaged and currently
licensed as
State
certified general |
| |||||||
| |||||||
1 | real estate appraisers for a period of not less than 5
| ||||||
2 | years.
| ||||||
3 | (4) Three
Two appointed members shall have been | ||||||
4 | actively engaged and currently
licensed as
State
certified | ||||||
5 | residential real estate appraisers for a period of
not | ||||||
6 | less than 5 years.
| ||||||
7 | (5) One
Two appointed member members shall hold a | ||||||
8 | valid license as a
real estate
broker for at least 3 10 | ||||||
9 | years prior to the date of the appointment and , one of whom
| ||||||
10 | shall hold either a valid
State certified general real | ||||||
11 | estate appraiser license or a valid State certified | ||||||
12 | residential appraiser license issued under this Act or a | ||||||
13 | predecessor Act for a period of at
least 5 years prior to | ||||||
14 | the appointment and one of whom shall hold a valid State | ||||||
15 | certified residential real estate appraiser license issued | ||||||
16 | under this Act or a predecessor Act for a period of at
| ||||||
17 | least 5 years prior to the appointment .
| ||||||
18 | (6) One appointed member shall be a representative of | ||||||
19 | a financial
institution, as evidenced by proof of his or | ||||||
20 | her employment with a financial
institution.
| ||||||
21 | (7) One appointed member shall represent the interests | ||||||
22 | of the general
public. This member or the member's his or | ||||||
23 | her spouse shall not be licensed under this Act
nor be | ||||||
24 | employed by or have any financial interest in an appraisal | ||||||
25 | business, appraisal management company, real estate
| ||||||
26 | brokerage business, or a financial institution.
|
| |||||||
| |||||||
1 | In making appointments as
provided in paragraphs (3) and | ||||||
2 | (4) of this subsection, the Governor shall
give due | ||||||
3 | consideration to recommendations by members and organizations
| ||||||
4 | representing the profession.
| ||||||
5 | In making the appointments as
provided in paragraph (5) of | ||||||
6 | this subsection, the Governor shall give
due consideration to | ||||||
7 | the recommendations by members and organizations
representing | ||||||
8 | the real estate industry.
| ||||||
9 | In making the appointment as provided
in paragraph (6) of | ||||||
10 | this subsection, the Governor
shall give due consideration to | ||||||
11 | the recommendations by members and
organizations representing | ||||||
12 | financial institutions.
| ||||||
13 | (b) The members' terms shall be for 4 years or until a | ||||||
14 | successor is appointed and expire upon completion of the term . | ||||||
15 | No member shall be reappointed to the Board for a term that | ||||||
16 | would cause the member's his or her cumulative service to the | ||||||
17 | Board to exceed 10 years. Appointments to fill vacancies shall | ||||||
18 | be for the unexpired portion of the term.
| ||||||
19 | (c) The Governor may terminate the appointment of a member | ||||||
20 | for cause that,
in
the opinion of the Governor, reasonably | ||||||
21 | justifies the termination. Cause for
termination may include, | ||||||
22 | without limitation, misconduct, incapacity, neglect of
duty, | ||||||
23 | or missing 4 Board meetings during any one fiscal calendar | ||||||
24 | year.
| ||||||
25 | (d) A majority of the Board members shall constitute a
| ||||||
26 | quorum. A vacancy in the membership of the Board shall not |
| |||||||
| |||||||
1 | impair the right of
a quorum to exercise all of the rights and | ||||||
2 | perform all of the duties of the
Board.
| ||||||
3 | (e) The Board shall meet at least monthly quarterly and | ||||||
4 | may be convened
by the Chairperson, Vice-Chairperson, or 3 | ||||||
5 | members of the Board upon 10 days
written notice.
| ||||||
6 | (f) The Board shall, annually at the first meeting of the | ||||||
7 | fiscal year,
elect a Chairperson and Vice-Chairperson from its
| ||||||
8 | members. The Chairperson shall preside over the meetings and | ||||||
9 | shall coordinate
with the Coordinator
in developing and | ||||||
10 | distributing an agenda for each meeting. In the absence of
the | ||||||
11 | Chairperson, the Vice-Chairperson shall preside over the | ||||||
12 | meeting.
| ||||||
13 | (g) The Coordinator
of the Real Estate Appraisal Division | ||||||
14 | shall serve as
a member of the Board without vote.
| ||||||
15 | (h) The Board shall advise and make recommendations to
the | ||||||
16 | Department
on the education and experience qualifications of | ||||||
17 | any applicant for initial licensure as a State certified | ||||||
18 | general real estate appraiser or a State certified residential | ||||||
19 | real estate appraiser. The Department shall not make any | ||||||
20 | decisions concerning education or experience qualifications of | ||||||
21 | an applicant for initial licensure as a State certified | ||||||
22 | general real estate appraiser or a State certified residential | ||||||
23 | real estate appraiser without having first received the advice | ||||||
24 | and recommendation of the Board and
shall give due | ||||||
25 | consideration to all
such advice and recommendations; however, | ||||||
26 | if the Board does not render advice or make a recommendation |
| |||||||
| |||||||
1 | within a reasonable amount of time, then the Department may | ||||||
2 | render a decision.
| ||||||
3 | (i) Except as provided in Section 15-17 of this Act, the
| ||||||
4 | Board shall hear and make recommendations to the
Secretary
on
| ||||||
5 | disciplinary matters
that require a formal evidentiary | ||||||
6 | hearing. The Secretary
shall give due
consideration to the
| ||||||
7 | recommendations of the Board involving discipline and | ||||||
8 | questions involving
standards of professional
conduct of | ||||||
9 | licensees.
| ||||||
10 | (j) The Department shall seek and the Board shall provide
| ||||||
11 | recommendations to the Department
consistent with the
| ||||||
12 | provisions
of this Act and for the administration and | ||||||
13 | enforcement of all
rules adopted
pursuant to this Act. The | ||||||
14 | Department
shall give due consideration to
such
| ||||||
15 | recommendations
prior to adopting rules.
| ||||||
16 | (k) The Department shall seek and the Board shall provide
| ||||||
17 | recommendations to the Department
on the approval of all | ||||||
18 | courses
submitted to the Department
pursuant to this Act and | ||||||
19 | the rules adopted pursuant to this Act. The Department shall | ||||||
20 | not approve any courses without having first received the | ||||||
21 | recommendation of the Board and
shall
give due consideration | ||||||
22 | to such
recommendations
prior to approving and licensing | ||||||
23 | courses; however, if the Board does not make a recommendation | ||||||
24 | within a reasonable amount of time, then the Department may | ||||||
25 | approve courses.
| ||||||
26 | (l) Each voting member of the Board shall receive a per |
| |||||||
| |||||||
1 | diem stipend in an
amount
to be determined by the Secretary. | ||||||
2 | While engaged in the performance of duties, each Each member | ||||||
3 | shall be paid the his or her necessary expenses while
engaged | ||||||
4 | in the
performance of his or her duties .
| ||||||
5 | (m) Members of the Board shall be immune from suit in an | ||||||
6 | action based upon
any disciplinary
proceedings or other acts | ||||||
7 | performed in good faith as members of the Board.
| ||||||
8 | (n) If the Department disagrees with any advice or | ||||||
9 | recommendation provided by the Board under this Section to the | ||||||
10 | Secretary or the Department, then notice of such disagreement | ||||||
11 | must be provided to the Board by the Department.
| ||||||
12 | (o) (Blank). Upon resolution adopted at any Board meeting, | ||||||
13 | the exercise of any Board function, power, or duty enumerated | ||||||
14 | in this Section or in subsection (d) of Section 15-10 of this | ||||||
15 | Act may be suspended. The exercise of any suspended function, | ||||||
16 | power, or duty of the Board may be reinstated by a resolution | ||||||
17 | adopted at a subsequent Board meeting. Any resolution adopted | ||||||
18 | pursuant to this Section shall take effect immediately.
| ||||||
19 | (Source: P.A. 100-886, eff. 8-14-18.)
| ||||||
20 | (225 ILCS 458/25-15)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
22 | Sec. 25-15. Coordinator
of Real Estate Appraisal | ||||||
23 | Coordinator ; appointment;
duties. The Secretary shall appoint , | ||||||
24 | subject to the Personnel Code, a Coordinator of Real Estate | ||||||
25 | Appraisal . In appointing the Coordinator, the Secretary shall |
| |||||||
| |||||||
1 | give due consideration to recommendations made by members, | ||||||
2 | organizations, and associations of the real estate appraisal | ||||||
3 | industry. The On or after January 1, 2010, the Coordinator | ||||||
4 | must hold a current, valid State certified general real estate | ||||||
5 | appraiser license for a period of at least 5 years prior to | ||||||
6 | appointment . The Coordinator shall not practice during the | ||||||
7 | term of the his or her appointment. The Coordinator must take | ||||||
8 | the 30-hour National Instructors Course on Uniform Standards | ||||||
9 | of Professional Appraisal Practice. The Coordinator shall be | ||||||
10 | credited with all fees that came due during the Coordinator's | ||||||
11 | his or her employment.
The Coordinator
shall:
| ||||||
12 | (1) serve as a member of the Real Estate Appraisal | ||||||
13 | Administration and Disciplinary Board without vote;
| ||||||
14 | (2) be the direct liaison between the Department, the | ||||||
15 | profession, and the real
estate appraisal industry
| ||||||
16 | organizations and associations;
| ||||||
17 | (3) prepare and circulate to licensees such | ||||||
18 | educational and informational
material as the Department
| ||||||
19 | deems necessary for providing guidance or assistance to | ||||||
20 | licensees;
| ||||||
21 | (4) appoint necessary committees to assist in the | ||||||
22 | performance of the
functions and duties
of the Department
| ||||||
23 | under this Act;
| ||||||
24 | (5) (blank); and | ||||||
25 | (6) be authorized to investigate and determine the | ||||||
26 | facts of a complaint; the coordinator may interview |
| |||||||
| |||||||
1 | witnesses, the complainant, and any licensees involved in | ||||||
2 | the alleged matter and make a recommendation as to the | ||||||
3 | findings of fact.
| ||||||
4 | (Source: P.A. 97-602, eff. 8-26-11; 98-1109, eff. 1-1-15 .)
| ||||||
5 | (225 ILCS 458/25-16) | ||||||
6 | (Section scheduled to be repealed on January 1, 2022) | ||||||
7 | Sec. 25-16. Staff. The Department shall employ a minimum | ||||||
8 | of one investigator with an active certified appraiser license | ||||||
9 | per 2,000 licensees in order to have sufficient staff to | ||||||
10 | perform the Department's obligations under this Act.
| ||||||
11 | (Source: P.A. 100-832, eff. 1-1-19 .)
| ||||||
12 | (225 ILCS 458/25-20)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
14 | Sec. 25-20. Department; powers and duties. The Department | ||||||
15 | of Financial and Professional Regulation
shall exercise the | ||||||
16 | powers and duties prescribed by the Civil Administrative
Code | ||||||
17 | of Illinois for the administration of licensing Acts and shall | ||||||
18 | exercise
such other powers and duties as are prescribed by | ||||||
19 | this Act for the
administration of this Act. The Department
| ||||||
20 | may contract with third parties for services
necessary for the | ||||||
21 | proper
administration of this Act, including without | ||||||
22 | limitation, investigators with
the proper knowledge, training,
| ||||||
23 | and skills to properly investigate complaints against real | ||||||
24 | estate appraisers.
|
| |||||||
| |||||||
1 | The Department
shall maintain and update a registry of the | ||||||
2 | names and addresses of
all licensees and a listing of | ||||||
3 | disciplinary orders issued pursuant to this Act
and shall | ||||||
4 | transmit the registry, along with any national registry fees | ||||||
5 | that may
be required, to the entity specified by, and in a | ||||||
6 | manner consistent with, Title
XI of the federal Financial | ||||||
7 | Institutions Reform, Recovery and Enforcement Act
of 1989.
| ||||||
8 | (Source: P.A. 96-844, eff. 12-23-09 .)
| ||||||
9 | (225 ILCS 458/25-25)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
11 | Sec. 25-25. Rules. The Department, after notifying and | ||||||
12 | considering any recommendations of the
Board, if any, shall | ||||||
13 | adopt rules that may be necessary for
administration, | ||||||
14 | implementation, and enforcement of the Act.
| ||||||
15 | (Source: P.A. 96-844, eff. 12-23-09 .)
| ||||||
16 | (225 ILCS 458/25-35 new) | ||||||
17 | Sec. 25-35. No private right of action. Except as | ||||||
18 | otherwise expressly provided for in this Act, nothing in this | ||||||
19 | Act shall be construed to grant to any person a private right | ||||||
20 | of action to enforce the provisions of this Act or the rules | ||||||
21 | adopted under this Act.
| ||||||
22 | (225 ILCS 458/30-5)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2022)
|
| |||||||
| |||||||
1 | Sec. 30-5. Savings provisions.
| ||||||
2 | (a) This Act is intended to replace the Real Estate | ||||||
3 | Appraiser Licensing Act
in all respects.
| ||||||
4 | (b) Beginning July 1, 2002, the rights, powers, and duties | ||||||
5 | exercised by
the
Office of Banks and Real
Estate under the Real | ||||||
6 | Estate Appraiser Licensing Act shall continue to be
vested in, | ||||||
7 | to be the obligation of,
and to be exercised by the Division of | ||||||
8 | Real Estate of the Department of Financial and Professional | ||||||
9 | Regulation Office of Banks and Real Estate under the | ||||||
10 | provisions
of this Act.
| ||||||
11 | (c) This Act does not affect any act done, ratified, or | ||||||
12 | cancelled, any
right occurring or established,
or any action | ||||||
13 | or proceeding commenced in an administrative, civil, or | ||||||
14 | criminal
cause before July
1, 2002 by the Office of Banks and | ||||||
15 | Real Estate under the Real Estate Appraiser
Licensing Act. | ||||||
16 | Those
actions or proceedings may be prosecuted and continued | ||||||
17 | by the Division of Real Estate of the Department of Financial | ||||||
18 | and Professional Regulation Office of Banks
and Real Estate | ||||||
19 | under
this Act.
| ||||||
20 | (d) This Act does not affect any license, certificate, | ||||||
21 | permit, or other form
of licensure
issued by the Office of | ||||||
22 | Banks and Real Estate under the Real Estate Appraiser
| ||||||
23 | Licensing Act, except as provided is subsection (c) of Section | ||||||
24 | 5-25. All such
licenses, certificates, permits, or other form | ||||||
25 | of licensure
shall continue to be valid under
the terms and | ||||||
26 | conditions of this Act.
|
| |||||||
| |||||||
1 | (e) The rules adopted by the Office of Banks and Real | ||||||
2 | Estate relating to the
Real Estate Appraiser
Licensing Act, | ||||||
3 | unless inconsistent with the provisions of this Act, are not
| ||||||
4 | affected by this Act, and on
July 1, 2002, those rules become | ||||||
5 | rules under this Act. The Office of Banks
and
Real Estate | ||||||
6 | shall, as soon
as practicable, adopt new or amended rules | ||||||
7 | consistent with the provisions of
this Act.
| ||||||
8 | (f) This Act does not affect any discipline, suspension, | ||||||
9 | or termination
that has occurred under the
Real Estate | ||||||
10 | Appraiser Licensing Act or other predecessor Act. Any action | ||||||
11 | for
discipline, suspension, or
termination instituted under | ||||||
12 | the Real Estate Appraiser Licensing Act shall be
continued | ||||||
13 | under this Act.
| ||||||
14 | (Source: P.A. 92-180, eff. 7-1-02 .)
| ||||||
15 | (225 ILCS 458/10-17 rep.) | ||||||
16 | (225 ILCS 458/30-10 rep.) | ||||||
17 | Section 85. The Real Estate Appraiser Licensing Act of | ||||||
18 | 2002 is amended by repealing Sections 10-17 and 30-10.
| ||||||
19 | Section 90. The Appraisal Management Company Registration | ||||||
20 | Act is amended by changing Sections 10 and 15 as follows:
| ||||||
21 | (225 ILCS 459/10)
| ||||||
22 | Sec. 10. Definitions. In this Act: | ||||||
23 | "Address of record" means the principal address recorded |
| |||||||
| |||||||
1 | by the Department in the applicant's or registrant's | ||||||
2 | application file or registration file maintained by the | ||||||
3 | Department's registration maintenance unit. | ||||||
4 | "Applicant" means a person or entity who applies to the | ||||||
5 | Department for a registration under this Act. | ||||||
6 | "Appraisal" means (noun) the act or process of developing | ||||||
7 | an opinion of value; an opinion of value (adjective) of or | ||||||
8 | pertaining to appraising and related functions. | ||||||
9 | "Appraisal firm" means an appraisal entity that is 100% | ||||||
10 | owned and controlled by a person or persons licensed in | ||||||
11 | Illinois as a certified general real estate appraiser or a | ||||||
12 | certified residential real estate appraiser. An appraisal firm | ||||||
13 | does not include an appraisal management company. | ||||||
14 | "Appraisal management company" means any corporation, | ||||||
15 | limited liability company, partnership, sole proprietorship, | ||||||
16 | subsidiary, unit, or other business entity that directly or | ||||||
17 | indirectly: (1) provides appraisal management services to | ||||||
18 | creditors or secondary mortgage market participants , including | ||||||
19 | affiliates ; (2) provides appraisal management services in | ||||||
20 | connection with valuing the consumer's principal dwelling as | ||||||
21 | security for a consumer credit transaction (including consumer | ||||||
22 | credit transactions incorporated into securitizations); and | ||||||
23 | (3) within a given year, oversees an appraiser panel of any | ||||||
24 | size of State-certified appraisers in Illinois; and (4) any | ||||||
25 | appraisal management company that, within a given 12-month | ||||||
26 | period year , oversees an appraiser panel of 16 or more |
| |||||||
| |||||||
1 | State-certified appraisers in Illinois or 25 or more | ||||||
2 | State-certified or State-licensed appraisers in 2 or more | ||||||
3 | jurisdictions shall be subject to the appraisal management | ||||||
4 | company national registry fee in addition to the appraiser | ||||||
5 | panel fee . "Appraisal management company" includes a hybrid | ||||||
6 | entity. | ||||||
7 | "Appraisal management company national registry fee" means | ||||||
8 | the fee implemented pursuant to Title XI of the federal | ||||||
9 | Financial Institutions Reform, Recovery and Enforcement Act of | ||||||
10 | 1989 for an appraiser management company's national registry. | ||||||
11 | "Appraisal management services" means one or more of the | ||||||
12 | following: | ||||||
13 | (1) recruiting, selecting, and retaining appraisers; | ||||||
14 | (2) contracting with State-certified or State-licensed | ||||||
15 | appraisers to perform appraisal assignments; | ||||||
16 | (3) managing the process of having an appraisal | ||||||
17 | performed, including providing administrative services | ||||||
18 | such as receiving appraisal orders and appraisal reports; | ||||||
19 | submitting completed appraisal reports to creditors and | ||||||
20 | secondary market participants; collecting compensation | ||||||
21 | from creditors, underwriters, or secondary market | ||||||
22 | participants for services provided; or paying appraisers | ||||||
23 | for services performed; or | ||||||
24 | (4) reviewing and verifying the work of appraisers. | ||||||
25 | "Appraiser panel" means a network, list, or roster of | ||||||
26 | licensed or certified appraisers approved by the appraisal |
| |||||||
| |||||||
1 | management company or by the end-user client to perform | ||||||
2 | appraisals as independent contractors for the appraisal | ||||||
3 | management company. "Appraiser panel" includes both appraisers | ||||||
4 | accepted by an appraisal management company for consideration | ||||||
5 | for future appraisal assignments and appraisers engaged by an | ||||||
6 | appraisal management company to perform one or more | ||||||
7 | appraisals. For the purposes of determining the size of an | ||||||
8 | appraiser panel, only independent contractors of hybrid | ||||||
9 | entities shall be counted towards the appraiser panel. | ||||||
10 | "Appraiser panel fee" means the amount collected from a | ||||||
11 | registrant that, where applicable, includes an appraisal | ||||||
12 | management company's national registry fee. | ||||||
13 | "Appraisal report" means a written appraisal by an | ||||||
14 | appraiser to a client. | ||||||
15 | "Appraisal practice service" means valuation services | ||||||
16 | performed by an individual acting as an appraiser, including, | ||||||
17 | but not limited to, appraisal or appraisal review. | ||||||
18 | "Appraisal subcommittee" means the appraisal subcommittee | ||||||
19 | of the Federal Financial Institutions Examination Council as | ||||||
20 | established by Title XI. | ||||||
21 | "Appraiser" means a person who performs real estate or | ||||||
22 | real property appraisals. | ||||||
23 | "Assignment result" means an appraiser's opinions and | ||||||
24 | conclusions developed specific to an assignment. | ||||||
25 | "Audit" includes, but is not limited to, an annual or | ||||||
26 | special audit, visit, or review necessary under this Act or |
| |||||||
| |||||||
1 | required by the Secretary or the Secretary's authorized | ||||||
2 | representative in carrying out the duties and responsibilities | ||||||
3 | under this Act. | ||||||
4 | "Client" means the party or parties who engage an | ||||||
5 | appraiser by employment or contract in a specific appraisal | ||||||
6 | assignment. | ||||||
7 | "Controlling Person" means: | ||||||
8 | (1) an owner, officer, or director of an entity | ||||||
9 | seeking to offer appraisal management services; | ||||||
10 | (2) an individual employed, appointed, or authorized | ||||||
11 | by an appraisal management company who has the authority | ||||||
12 | to: | ||||||
13 | (A) enter into a contractual relationship with a | ||||||
14 | client for the performance of an appraisal management | ||||||
15 | service or appraisal practice service; and | ||||||
16 | (B) enter into an agreement with an appraiser for | ||||||
17 | the performance of a real estate appraisal activity; | ||||||
18 | (3) an individual who possesses, directly or | ||||||
19 | indirectly, the power to direct or cause the
direction of | ||||||
20 | the management or policies of an appraisal management | ||||||
21 | company; or
| ||||||
22 | (4) an individual who will act as the sole compliance | ||||||
23 | officer with regard to this Act and any rules adopted | ||||||
24 | under this Act. | ||||||
25 | "Coordinator" means the Coordinator of the Appraisal | ||||||
26 | Management Company Registration Unit of the Department or his |
| |||||||
| |||||||
1 | or her designee. | ||||||
2 | "Covered transaction" means a consumer credit transaction | ||||||
3 | secured by a consumer's principal dwelling. | ||||||
4 | "Department" means the Department of Financial and | ||||||
5 | Professional Regulation. | ||||||
6 | "Email address of record" means the designated email | ||||||
7 | address recorded by the Department in the applicant's | ||||||
8 | application file or the registrant's registration file | ||||||
9 | maintained by the Department's registration maintenance unit. | ||||||
10 | "Entity" means a corporation, a limited liability company, | ||||||
11 | partnership, a sole proprietorship, or other entity providing | ||||||
12 | services or holding itself out to provide services as an | ||||||
13 | appraisal management company or an appraisal management | ||||||
14 | service. | ||||||
15 | "End-user client" means any person who utilizes or engages | ||||||
16 | the services of an appraiser through an appraisal management | ||||||
17 | company. | ||||||
18 | "Federally regulated appraisal management company" means | ||||||
19 | an appraisal management company that is owned and controlled | ||||||
20 | by an insured depository institution, as defined in 12 U.S.C. | ||||||
21 | 1813, or an insured credit union, as defined in 12 U.S.C. 1752, | ||||||
22 | and regulated by the Office of the Comptroller of the | ||||||
23 | Currency, the Federal Reserve Board, the National Credit Union | ||||||
24 | Association, or the Federal Deposit Insurance Corporation. | ||||||
25 | "Financial institution" means any bank, savings bank, | ||||||
26 | savings and loan association, credit union, mortgage broker, |
| |||||||
| |||||||
1 | mortgage banker, registrant under the Consumer Installment | ||||||
2 | Loan Act or the Sales Finance Agency Act, or a corporate | ||||||
3 | fiduciary, subsidiary, affiliate, parent company, or holding | ||||||
4 | company of any registrant, or any institution involved in real | ||||||
5 | estate financing that is regulated by State or federal law. | ||||||
6 | "Foreign appraisal management company" means any appraisal | ||||||
7 | management company organized under the laws of any other state | ||||||
8 | of the United States, the District of Columbia, or any other | ||||||
9 | jurisdiction of the United States. | ||||||
10 | "Hybrid entity" means an appraisal management company that | ||||||
11 | hires an appraiser as an employee to perform an appraisal and | ||||||
12 | engages an independent contractor to perform an appraisal. | ||||||
13 | "Multi-state licensing system" means a web-based platform | ||||||
14 | that allows an applicant to submit the his or her application | ||||||
15 | or registration renewal to the Department online. | ||||||
16 | "Person" means individuals, entities, sole | ||||||
17 | proprietorships, corporations, limited liability companies, | ||||||
18 | and alien, foreign, or domestic partnerships, except that when | ||||||
19 | the context otherwise requires, the term may refer to a single | ||||||
20 | individual or other described entity.
| ||||||
21 | "Principal dwelling" means a residential structure that | ||||||
22 | contains one to 4 units, whether or not that structure is | ||||||
23 | attached to real property. "Principal dwelling" includes an | ||||||
24 | individual condominium unit, cooperative unit, manufactured | ||||||
25 | home, mobile home, and trailer, if it is used as a residence. | ||||||
26 | "Principal office" means the actual, physical business |
| |||||||
| |||||||
1 | address, which shall not be a post office box or a virtual | ||||||
2 | business address, of a registrant, at which (i) the Department | ||||||
3 | may contact the registrant and (ii) records required under | ||||||
4 | this Act are maintained. | ||||||
5 | "Qualified to transact business in this State" means being | ||||||
6 | in compliance with the requirements of the Business | ||||||
7 | Corporation Act of 1983. | ||||||
8 | "Quality control review" means a review of an appraisal | ||||||
9 | report for compliance and completeness, including grammatical, | ||||||
10 | typographical, or other similar errors, unrelated to | ||||||
11 | developing an opinion of value. | ||||||
12 | "Real estate" means an identified parcel or tract of land, | ||||||
13 | including any improvements. | ||||||
14 | "Real estate related financial transaction" means any | ||||||
15 | transaction involving: | ||||||
16 | (1) the sale, lease, purchase, investment in, or | ||||||
17 | exchange of real property,
including interests in property | ||||||
18 | or the financing thereof; | ||||||
19 | (2) the refinancing of real property or interests in | ||||||
20 | real property; and | ||||||
21 | (3) the use of real property or interest in property | ||||||
22 | as security for a loan or
investment, including mortgage | ||||||
23 | backed securities. | ||||||
24 | "Real property" means the interests, benefits, and rights | ||||||
25 | inherent in the ownership of real estate. | ||||||
26 | "Secretary" means the Secretary of Financial and |
| |||||||
| |||||||
1 | Professional Regulation. | ||||||
2 | "USPAP" means the Uniform Standards of Professional | ||||||
3 | Appraisal Practice as adopted by the Appraisal Standards Board | ||||||
4 | under Title XI. | ||||||
5 | "Valuation" means any estimate of the value of real | ||||||
6 | property in connection with a creditor's decision to provide | ||||||
7 | credit, including those values developed under a policy of a | ||||||
8 | government sponsored enterprise or by an automated valuation | ||||||
9 | model or other methodology or mechanism.
| ||||||
10 | "Written notice" means a communication transmitted by mail | ||||||
11 | or by electronic means that can be verified between an | ||||||
12 | appraisal management company and a licensed or certified real | ||||||
13 | estate appraiser. | ||||||
14 | (Source: P.A. 100-604, eff. 7-13-18.)
| ||||||
15 | (225 ILCS 459/15)
| ||||||
16 | Sec. 15. Exemptions. | ||||||
17 | (a) Nothing in this Act shall apply to any of the | ||||||
18 | following: | ||||||
19 | (1) an agency of the federal, State, county, or | ||||||
20 | municipal government or an officer or employee of a | ||||||
21 | government agency, or person, described in this Section | ||||||
22 | when acting within the scope of employment of the officer | ||||||
23 | or employee; | ||||||
24 | (2) a corporate relocation company when the appraisal | ||||||
25 | is not used for mortgage purposes and the end user client |
| |||||||
| |||||||
1 | is an employer company; | ||||||
2 | (3) any person licensed in this State under any other | ||||||
3 | Act while engaged in the activities or practice for which | ||||||
4 | he or she is licensed; | ||||||
5 | (4) any person licensed to practice law in this State | ||||||
6 | who is working with or on behalf of a client of that person | ||||||
7 | in connection with one or more appraisals for that client; | ||||||
8 | (5) an appraiser that enters into an agreement, | ||||||
9 | whether written or otherwise, with another appraiser for | ||||||
10 | the performance of an appraisal, and upon the completion | ||||||
11 | of the appraisal, the report of the appraiser performing | ||||||
12 | the appraisal is signed by both the appraiser who | ||||||
13 | completed the appraisal and the appraiser who requested | ||||||
14 | the completion of the appraisal, except that an appraisal | ||||||
15 | management company may not avoid the requirement of | ||||||
16 | registration under this Act by requiring an employee of | ||||||
17 | the appraisal management company who is an appraiser to | ||||||
18 | sign an appraisal that was completed by another appraiser | ||||||
19 | who is part of the appraisal panel of the appraisal | ||||||
20 | management company; | ||||||
21 | (6) any person acting as an agent of the Illinois | ||||||
22 | Department of Transportation in the acquisition or | ||||||
23 | relinquishment of land for transportation issues to the | ||||||
24 | extent of their contract scope; | ||||||
25 | (7) a design professional entity when the appraisal is | ||||||
26 | not used for
mortgage purposes and the end user client is |
| |||||||
| |||||||
1 | an agency of State government or a unit of local | ||||||
2 | government; | ||||||
3 | (8) an appraiser firm whose ownership is appropriately | ||||||
4 | certified under the Real Estate Appraiser Licensing Act of | ||||||
5 | 2002; or | ||||||
6 | (9) an appraisal management company solely engaged in | ||||||
7 | non-residential appraisal management services ; or . | ||||||
8 | (10) a department or division of an entity that | ||||||
9 | provides appraisal management services only to that | ||||||
10 | entity. | ||||||
11 | (b) A federally regulated appraisal management company | ||||||
12 | shall register with the Department for the sole purpose of | ||||||
13 | collecting required information for, and to pay all fees | ||||||
14 | associated with, the State of Illinois' obligation to register | ||||||
15 | the federally regulated appraisal management company with the | ||||||
16 | Appraisal Management Companies National Registry, but the | ||||||
17 | federally regulated appraisal management company is otherwise | ||||||
18 | exempt from all other provisions in this Act. | ||||||
19 | (c) In the event that the Final Interim Rule of the federal | ||||||
20 | Dodd-Frank Wall Street Reform and Consumer Protection Act | ||||||
21 | provides that an appraisal management company is a subsidiary | ||||||
22 | owned and controlled by a financial institution regulated by a | ||||||
23 | federal financial institution's regulatory agency and is | ||||||
24 | exempt from State appraisal management company registration | ||||||
25 | requirements, the Department, shall, by rule, provide for the | ||||||
26 | implementation of such an exemption.
|
| |||||||
| |||||||
1 | (Source: P.A. 100-604, eff. 7-13-18.)
| ||||||
2 | Section 95. The Petroleum Equipment Contractors Licensing | ||||||
3 | Act is amended by changing Sections 35, 45, 60, and 65 and by | ||||||
4 | adding Section 73 as follows:
| ||||||
5 | (225 ILCS 729/35)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
7 | Sec. 35. Licensure qualifications and fees.
| ||||||
8 | (a) Applicants for a license must submit to the Office all | ||||||
9 | of the following:
| ||||||
10 | (1) fees as established by the Office;
| ||||||
11 | (2) evidence of current registration as an Illinois | ||||||
12 | corporation or other business entity and, when applicable, | ||||||
13 | evidence of
compliance with the Assumed Business Name Act ; | ||||||
14 | if the corporation or business entity does not have | ||||||
15 | evidence of current registration, such as a Secretary of | ||||||
16 | State issued Certificate of Good Standing, the Office has | ||||||
17 | the authority to deny or revoke the license of such a | ||||||
18 | corporation or business entity ;
| ||||||
19 | (3) evidence of financial responsibility in a minimum | ||||||
20 | amount of $1,000,000
through liability insurance, | ||||||
21 | self-insurance, group insurance, group
self-insurance, or | ||||||
22 | risk retention groups that must
include completed | ||||||
23 | operations and environmental impairment; and
| ||||||
24 | (4) evidence of compliance with the qualifications and |
| |||||||
| |||||||
1 | standards
established by the Office.
| ||||||
2 | (b) The contractor must possess a license
from the Office | ||||||
3 | to perform the following
types of activity:
| ||||||
4 | (1) installation of underground storage tanks;
| ||||||
5 | (2) repair of USTs, which shall include retrofitting | ||||||
6 | and installation of
cathodic protection systems;
| ||||||
7 | (3) decommissioning of USTs including abandonment in | ||||||
8 | place;
| ||||||
9 | (4) relining of USTs;
| ||||||
10 | (5) tank and piping tightness testing;
| ||||||
11 | (6) testing of cathodic protection systems; and
| ||||||
12 | (7) any other category established by the Office of | ||||||
13 | the State Fire
Marshal.
| ||||||
14 | (c) (Blank).
| ||||||
15 | (Source: P.A. 97-428, eff. 8-16-11.)
| ||||||
16 | (225 ILCS 729/45)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
18 | Sec. 45. Issuance of license; renewal.
| ||||||
19 | (a) The State Fire Marshal shall, upon the applicant's | ||||||
20 | satisfactory
completion
of
the requirements authorized under | ||||||
21 | this Act, and upon receipt of the requisite
fees, issue
the | ||||||
22 | appropriate license showing the name and business location
of | ||||||
23 | the
licensee and the dates of issuance and expiration.
| ||||||
24 | (b) Each licensee may apply for renewal of his or her | ||||||
25 | license upon payment
of the
requisite
fee. The expiration date |
| |||||||
| |||||||
1 | and renewal period for each license issued under this
Act | ||||||
2 | shall
be set by rule. Failure to renew by the expiration date | ||||||
3 | shall cause the
license to lapse.
A lapsed license may not be | ||||||
4 | reinstated until an a written application is filed,
the | ||||||
5 | renewal fee
is paid, and a $50 reinstatement fee is paid. The | ||||||
6 | renewal and reinstatement
fees shall be
waived for persons who | ||||||
7 | did not renew while on active duty in the military and
who file
| ||||||
8 | for renewal or restoration within one year after discharge | ||||||
9 | from the active duty
service.
| ||||||
10 | (c) All fees paid pursuant to this Act are non-refundable. | ||||||
11 | This shall not preclude the State Fire Marshal from refunding | ||||||
12 | accidental overpayment of fees.
| ||||||
13 | (Source: P.A. 97-428, eff. 8-16-11.)
| ||||||
14 | (225 ILCS 729/60)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
16 | Sec. 60. License renewal; display of license; inspection.
| ||||||
17 | (a) As a condition of renewal of a license, the State Fire | ||||||
18 | Marshal may
require
the
licensee to report information | ||||||
19 | pertaining to his or her practice that the State
Fire
Marshal
| ||||||
20 | determines to be in the interest of public safety.
| ||||||
21 | (b) A licensee shall report a change in home or office | ||||||
22 | address within 10
days.
| ||||||
23 | (c) Each licensee shall prominently display his or her | ||||||
24 | license to practice
at
each
place from which the practice is | ||||||
25 | being performed. If more than one location is
used,
branch |
| |||||||
| |||||||
1 | office certificates shall be issued upon payment of the fees | ||||||
2 | to be
established by
the State Fire Marshal.
| ||||||
3 | (d) If a license or certificate is lost, a duplicate shall | ||||||
4 | be issued upon
payment of
the required fee to be established by | ||||||
5 | the State Fire Marshal. If a licensee
wishes to
change his or | ||||||
6 | her name, the State Fire Marshal shall issue a license in the | ||||||
7 | new
name
upon
payment of the required fee and upon receipt of | ||||||
8 | satisfactory proof that the
change was
done in accordance with | ||||||
9 | law.
| ||||||
10 | (e) Each licensee shall permit his or her facilities to be | ||||||
11 | inspected by
representatives of
the Office of the State Fire | ||||||
12 | Marshal.
| ||||||
13 | (Source: P.A. 97-428, eff. 8-16-11.)
| ||||||
14 | (225 ILCS 729/65)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
16 | Sec. 65. Disciplinary actions. Licensees shall be subject | ||||||
17 | to
disciplinary
action for any of the following:
| ||||||
18 | (1) obtaining or renewing a license by the use of | ||||||
19 | fraud or material
deception;
| ||||||
20 | (2) being professionally incompetent as manifested by | ||||||
21 | poor standards of
service;
| ||||||
22 | (3) engaging in dishonorable, unethical, or | ||||||
23 | unprofessional conduct of a
character likely to deceive, | ||||||
24 | defraud, or harm the public in the course of
professional
| ||||||
25 | services or activities;
|
| |||||||
| |||||||
1 | (4) being convicted of a crime that has a substantial | ||||||
2 | relationship to his
or
her
practice
or an essential | ||||||
3 | element of which is misstatement, fraud, or dishonesty,
| ||||||
4 | being convicted in this
or another state of any crime that | ||||||
5 | is a felony under the laws of Illinois or of
that state, or | ||||||
6 | being convicted
of
a felony in a federal court, unless the | ||||||
7 | licensee demonstrates that he or she
has been
sufficiently
| ||||||
8 | rehabilitated to warrant the public trust;
| ||||||
9 | (5) performing any service in a grossly negligent | ||||||
10 | manner or permitting
any licensed employee to perform | ||||||
11 | services in a grossly negligent manner,
regardless of
| ||||||
12 | whether actual damage or damage to the public is | ||||||
13 | established;
| ||||||
14 | (6) (blank); being a habitual drunk or having a | ||||||
15 | habitual addiction to the use of
morphine,
cocaine, | ||||||
16 | controlled substances, or other habit-forming drugs;
| ||||||
17 | (7) willfully receiving compensation, directly or | ||||||
18 | indirectly, for any
professional service not actually | ||||||
19 | rendered;
| ||||||
20 | (8) having disciplinary action taken against his or | ||||||
21 | her license in another
State;
| ||||||
22 | (9) contracting or assisting unlicensed persons to | ||||||
23 | perform services for
which a license is required under | ||||||
24 | this Act;
| ||||||
25 | (10) permitting the use of his or her license to | ||||||
26 | enable an unlicensed
person or agency to operate as a |
| |||||||
| |||||||
1 | licensee;
| ||||||
2 | (11) performing and charging for services without | ||||||
3 | having authorization to
do so from the member of the | ||||||
4 | public being served; or
| ||||||
5 | (12) failing to comply with any provision of this Act | ||||||
6 | or the rules
adopted under this Act.
| ||||||
7 | (Source: P.A. 92-618, eff. 7-11-02 .)
| ||||||
8 | (225 ILCS 729/73 new) | ||||||
9 | Sec. 73. Citations. | ||||||
10 | (a) The Office of the State Fire Marshal may adopt rules to | ||||||
11 | permit the issuance of citations for certain violations of | ||||||
12 | this Act or the rules adopted under this Act. The citation | ||||||
13 | shall be issued to the licensee and shall contain the | ||||||
14 | licensee's name and address, the licensee's license number, a | ||||||
15 | brief factual statement, the Sections of the law or rules | ||||||
16 | allegedly violated, and the penalty imposed. The citation must | ||||||
17 | clearly state that the licensee may choose, in lieu of | ||||||
18 | accepting the citation, to request a hearing to appeal the | ||||||
19 | citation. If the licensee does not file a written appeal of the | ||||||
20 | citation with the Office of the State Fire Marshal within 15 | ||||||
21 | days after the citation is served, then the citation shall | ||||||
22 | become a final order imposing a monetary penalty. The penalty | ||||||
23 | shall be a monetary civil fine. In the event of a timely | ||||||
24 | written appeal, the Office of the State Fire Marshal shall | ||||||
25 | conduct an administrative hearing governed by the Illinois |
| |||||||
| |||||||
1 | Administrative Procedure Act and enter an order to sustain, | ||||||
2 | modify, or revoke such citation. Any appeal from such hearing | ||||||
3 | order shall be to the circuit court of the county in which the | ||||||
4 | violation took place and shall be governed by the | ||||||
5 | Administrative Review Law. | ||||||
6 | (b) The Office of the State Fire Marshal shall adopt rules | ||||||
7 | designating violations for which a citation may be issued, | ||||||
8 | which may specify separate hearing procedures for appeals of | ||||||
9 | such citations so long as the hearing procedures are not | ||||||
10 | inconsistent with the Illinois Administrative Procedure Act. | ||||||
11 | (c) Service of a citation may be made by personal service | ||||||
12 | or certified mail to the licensee at the licensee's last known | ||||||
13 | address as listed with the Office of the State Fire Marshal.
| ||||||
14 | Section 100. The Mercury Thermostat Collection Act is | ||||||
15 | amended by changing Section 55 as follows:
| ||||||
16 | (415 ILCS 98/55) | ||||||
17 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
18 | Sec. 55. Repealer. This Act is repealed on January 1, 2023 | ||||||
19 | 2022 .
| ||||||
20 | (Source: P.A. 101-639, eff. 6-12-20.)
| ||||||
21 | Section 105. The Professional Service Corporation Act is | ||||||
22 | amended by changing Section 3.6 as follows:
|
| |||||||
| |||||||
1 | (805 ILCS 10/3.6) (from Ch. 32, par. 415-3.6)
| ||||||
2 | Sec. 3.6. "Related professions" and "related professional | ||||||
3 | services" mean
more than one personal service which requires | ||||||
4 | as a condition precedent to the
rendering thereof the | ||||||
5 | obtaining of a license and which prior to October 1,
1973 could | ||||||
6 | not be performed by a
corporation by reason of law; provided, | ||||||
7 | however, that these terms shall
be restricted to:
| ||||||
8 | (1) a combination of 2 or more of the following | ||||||
9 | personal services: (a)
"architecture" as defined in | ||||||
10 | Section 5 of the Illinois Architecture Practice
Act of | ||||||
11 | 1989, (b) "professional engineering" as defined in Section | ||||||
12 | 4 of the
Professional Engineering Practice Act of 1989, | ||||||
13 | (c) "structural engineering" as
defined in Section 5 of | ||||||
14 | the Structural Engineering
Practice Act of 1989, (d)
"land | ||||||
15 | surveying" as defined in Section 2 of the Illinois | ||||||
16 | Professional Land
Surveyor Act of 1989;
| ||||||
17 | (2) a combination of the following personal services: | ||||||
18 | (a) the practice of
medicine by persons licensed under the | ||||||
19 | Medical Practice Act of 1987, (b) the practice of podiatry | ||||||
20 | as defined in
the Podiatric Medical Practice Act of 1987, | ||||||
21 | (c) the practice of
dentistry as defined in the Illinois | ||||||
22 | Dental Practice Act, (d) the practice of
optometry as | ||||||
23 | defined in the Illinois Optometric Practice Act of 1987;
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24 | (3) a combination of 2 or more of the following | ||||||
25 | personal services:
(a) the practice of clinical psychology | ||||||
26 | by persons licensed under the Clinical Psychologist |
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1 | Licensing Act, (b) the practice of social work or clinical | ||||||
2 | social work by persons licensed under the Clinical Social | ||||||
3 | Work and Social Work Practice Act, (c) the practice of | ||||||
4 | marriage and family therapy by persons licensed under the | ||||||
5 | Marriage and Family Therapy Licensing Act, (d) the | ||||||
6 | practice of professional counseling or clinical | ||||||
7 | professional counseling by persons licensed under the | ||||||
8 | Professional Counselor and Clinical Professional Counselor | ||||||
9 | Licensing and Practice Act, or (e) the practice of sex | ||||||
10 | offender evaluations by persons licensed under the Sex | ||||||
11 | Offender Evaluation and Treatment Provider Act; or | ||||||
12 | (4) a combination of 2 or more of the following | ||||||
13 | personal services:
(a) the practice of acupuncture by | ||||||
14 | persons licensed under the Acupuncture Practice Act, (b) | ||||||
15 | the practice of massage by persons licensed under the | ||||||
16 | Massage Therapy Practice Licensing Act, (c) the practice | ||||||
17 | of naprapathy by persons licensed under the Naprapathic | ||||||
18 | Practice Act, (d) the practice of occupational therapy by | ||||||
19 | persons licensed under the Illinois Occupational Therapy | ||||||
20 | Practice Act, (e) the practice of physical therapy by | ||||||
21 | persons licensed under the Illinois Physical Therapy Act, | ||||||
22 | or (f) the practice of speech-language therapy by persons | ||||||
23 | licensed under the Illinois Speech-Language Pathology and | ||||||
24 | Audiology Practice Act. | ||||||
25 | (Source: P.A. 101-95, eff. 7-19-19.)
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1 | Section 999. Effective date. This Act takes effect January | ||||||
2 | 1, 2022, except that this Section and Sections 5, 10, 40, and | ||||||
3 | 45 take effect upon becoming law.".
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