Bill Amendment: IL HB1424 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: COSMETOLOGY ACT-SUNSET

Status: 2015-08-21 - Public Act . . . . . . . . . 99-0427 [HB1424 Detail]

Download: Illinois-2015-HB1424-Senate_Amendment_002.html

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Sen. Iris Y. Martinez

Filed: 5/12/2015

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AMENDMENT TO HOUSE BILL 1424
AMENDMENT NO. ______. Amend House Bill 1424 by replacing
everything after the enacting clause with the following:
"Section 5. The Regulatory Sunset Act is amended by
changing Sections 4.26 and 4.36 as follows:
(5 ILCS 80/4.26)
Sec. 4.26. Acts repealed on January 1, 2016. The following
Acts are repealed on January 1, 2016:
The Illinois Athletic Trainers Practice Act.
The Illinois Roofing Industry Licensing Act.
The Illinois Dental Practice Act.
The Collection Agency Act.
The Barber, Cosmetology, Esthetics, Hair Braiding, and
Nail Technology Act of 1985.
The Respiratory Care Practice Act.
The Hearing Instrument Consumer Protection Act.

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The Illinois Physical Therapy Act.
The Professional Geologist Licensing Act.
(Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08;
96-1246, eff. 1-1-11.)
(5 ILCS 80/4.36 new)
Sec. 4.36. Act repealed on January 1, 2026. The following
Act is repealed on January 1, 2026:
The Barber, Cosmetology, Esthetics, Hair Braiding, and
Nail Technology Act of 1985.
Section 10. The Barber, Cosmetology, Esthetics, Hair
Braiding, and Nail Technology Act of 1985 is amended by
changing Sections 1-4, 1-6, 1-7, 1-10, 1-11, 2-2, 2-3, 2-4,
2-7, 2-9, 3-2, 3-3, 3-4, 3-6, 3-7, 3A-6, 3B-2, 3B-10, 3B-11,
3B-12, 3B-13, 3C-8, 3D-5, 3E-5, 4-2, 4-5, 4-7, 4-9, 4-10, 4-13,
4-14, 4-15, 4-16, and 4-17 and by adding Sections 1-6.5, 1-12,
2-10, 2-11, 3-9, 3-10, 3A-8, 3B-17, 3B-18, 3C-10, 3E-7, 4-18.5,
and 4-25 as follows:
(225 ILCS 410/1-4)
(Section scheduled to be repealed on January 1, 2016)
Sec. 1-4. Definitions. In this Act the following words
shall have the following meanings:
"Address of record" means the designated address recorded
by the Department in the applicant's application file or the

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licensee's license file, as maintained by the Department's
licensure maintenance unit.
"Board" means the Barber, Cosmetology, Esthetics, Hair
Braiding, and Nail Technology Board.
"Department" means the Department of Financial and
Professional Regulation.
"Licensed barber" means an individual licensed by the
Department to practice barbering as defined in this Act and
whose license is in good standing.
"Licensed cosmetologist" means an individual licensed by
the Department to practice cosmetology, nail technology, hair
braiding, and esthetics as defined in this Act and whose
license is in good standing.
"Licensed esthetician" means an individual licensed by the
Department to practice esthetics as defined in this Act and
whose license is in good standing.
"Licensed nail technician" means an any individual
licensed by the Department to practice nail technology as
defined in this Act and whose license is in good standing.
"Licensed barber teacher" means an individual licensed by
the Department to practice barbering as defined in this Act and
to provide instruction in the theory and practice of barbering
to students in an approved barber school.
"Licensed cosmetology teacher" means an individual
licensed by the Department to practice cosmetology, esthetics,
hair braiding, and nail technology as defined in this Act and

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to provide instruction in the theory and practice of
cosmetology, esthetics, hair braiding, and nail technology to
students in an approved cosmetology, esthetics, hair braiding,
or nail technology school.
"Licensed cosmetology clinic teacher" means an individual
licensed by the Department to practice cosmetology, esthetics,
hair braiding, and nail technology as defined in this Act and
to provide clinical instruction in the practice of cosmetology,
esthetics, hair braiding, and nail technology in an approved
school of cosmetology, esthetics, hair braiding, or nail
technology.
"Licensed esthetics teacher" means an individual licensed
by the Department to practice esthetics as defined in this Act
and to provide instruction in the theory and practice of
esthetics to students in an approved cosmetology or esthetics
school.
"Licensed hair braider" means an any individual licensed by
the Department to practice hair braiding as defined in this Act
Section 3E-1 and whose license is in good standing.
"Licensed hair braiding teacher" means an individual
licensed by the Department to practice hair braiding and to
provide instruction in the theory and practice of hair braiding
to students in an approved cosmetology or hair braiding school.
"Licensed nail technology teacher" means an individual
licensed by the Department to practice nail technology and to
provide instruction in the theory and practice of nail

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technology to students in an approved nail technology school or
cosmetology school.
"Enrollment" is the date upon which the student signs an
enrollment agreement or student contract.
"Enrollment agreement" or "student contract" is any
agreement, instrument, or contract however named, which
creates or evidences an obligation binding a student to
purchase a course of instruction from a school.
"Enrollment time" means the maximum number of hours a
student could have attended class, whether or not the student
did in fact attend all those hours.
"Elapsed enrollment time" means the enrollment time
elapsed between the actual starting date and the date of the
student's last day of physical attendance in the school.
"Mobile shop or salon" means a self-contained facility that
may be moved, towed, or transported from one location to
another and in which barbering, cosmetology, esthetics, hair
braiding, or nail technology is practiced.
"Secretary" means the Secretary of the Department of
Financial and Professional Regulation.
"Threading" means any technique that results in the removal
of superfluous hair from the body by twisting thread around
unwanted hair and then pulling it from the skin; and may also
include the incidental trimming of eyebrow hair.
(Source: P.A. 97-333, eff. 8-12-11; 97-777, eff. 7-13-12;
98-238, eff. 1-1-14; 98-911, eff. 1-1-15.)

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(225 ILCS 410/1-6) (from Ch. 111, par. 1701-6)
(Section scheduled to be repealed on January 1, 2016)
Sec. 1-6. Administrative Procedure Act. The Illinois
Administrative Procedure Act is hereby expressly adopted and
incorporated herein as if all of the provisions of that Act
were included in this Act, except that the provision of
subsection (d) of Section 10-65 of the Illinois Administrative
Procedure Act that provides that at hearings the licensee has
the right to show compliance with all lawful requirements for
retention, continuation or renewal of the license is
specifically excluded. For the purpose of this Act the notice
required under Section 10-25 of the Administrative Procedure
Act is deemed sufficient when mailed to the address of record,
or, if not an applicant or licensee, to the last known address
of a party.
(Source: P.A. 88-45.)
(225 ILCS 410/1-6.5 new)
Sec. 1-6.5. Address of record. It is the duty of the
applicant or licensee to inform the Department of any change of
address within 14 days after such change either through the
Department's website or by contacting the Department's
licensure maintenance unit.
(225 ILCS 410/1-7) (from Ch. 111, par. 1701-7)

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(Section scheduled to be repealed on January 1, 2016)
Sec. 1-7. Licensure required; renewal; restoration.
(a) It is unlawful for any person to practice, or to hold
himself or herself out to be a cosmetologist, esthetician, nail
technician, hair braider, or barber without a license as a
cosmetologist, esthetician, nail technician, hair braider or
barber issued by the Department of Financial and Professional
Regulation pursuant to the provisions of this Act and of the
Civil Administrative Code of Illinois. It is also unlawful for
any person, firm, partnership, limited liability company, or
corporation to own, operate, or conduct a cosmetology,
esthetics, nail technology, hair braiding salon, or barber
school without a license issued by the Department or to own or
operate a cosmetology, esthetics, nail technology, or hair
braiding salon, or barber shop, or other business subject to
the registration requirements of this Act without a certificate
of registration issued by the Department. It is further
unlawful for any person to teach in any cosmetology, esthetics,
nail technology, hair braiding, or barber college or school
approved by the Department or hold himself or herself out as a
cosmetology, esthetics, hair braiding, nail technology, or
barber teacher without a license as a teacher, issued by the
Department or as a cosmetology clinic teacher without a license
as a cosmetology clinic teacher issued by the Department.
(b) Notwithstanding any other provision of this Act, a
person licensed as a cosmetologist may hold himself or herself

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out as an esthetician and may engage in the practice of
esthetics, as defined in this Act, without being licensed as an
esthetician. A person licensed as a cosmetology teacher may
teach esthetics or hold himself or herself out as an esthetics
teacher without being licensed as an esthetics teacher. A
person licensed as a cosmetologist may hold himself or herself
out as a nail technician and may engage in the practice of nail
technology, as defined in this Act, without being licensed as a
nail technician. A person licensed as a cosmetology teacher may
teach nail technology and hold himself or herself out as a nail
technology teacher without being licensed as a nail technology
teacher. A person licensed as a cosmetologist may hold himself
or herself out as a hair braider and may engage in the practice
of hair braiding, as defined in this Act, without being
licensed as a hair braider. A person licensed as a cosmetology
teacher may teach hair braiding and hold himself or herself out
as a hair braiding teacher without being licensed as a hair
braiding teacher.
(c) A person licensed as a barber teacher may hold himself
or herself out as a barber and may practice barbering without a
license as a barber. A person licensed as a cosmetology teacher
may hold himself or herself out as a cosmetologist,
esthetician, hair braider, and nail technologist and may
practice cosmetology, esthetics, hair braiding, and nail
technology without a license as a cosmetologist, esthetician,
hair braider, or nail technologist. A person licensed as an

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esthetics teacher may hold himself or herself out as an
esthetician without being licensed as an esthetician and may
practice esthetics. A person licensed as a nail technician
teacher may practice nail technology and may hold himself or
herself out as a nail technologist without being licensed as a
nail technologist. A person licensed as a hair braiding teacher
may practice hair braiding and may hold himself or herself out
as a hair braider without being licensed as a hair braider.
(d) The holder of a license issued under this Act may renew
that license during the month preceding the expiration date of
the license by paying the required fee.
(e) The expiration date, renewal period, and conditions for
renewal and restoration of each license shall be established by
rule.
(f) A license issued under the provisions of this Act as a
barber, barber teacher, cosmetologist, cosmetology teacher,
cosmetology clinic teacher, esthetician, esthetics teacher,
nail technician, nail technician teacher, hair braider, or hair
braiding teacher that has expired while the holder of the
license was engaged (1) in federal service on active duty with
the Army, Navy, Marine Corps, Air Force, or Coast Guard of the
United States of America, or any Women's Auxiliary thereof, or
the State Militia called into the service or training of the
United States of America or (2) in training or education under
the supervision of the United States preliminary to induction
into the military service, may be reinstated or restored

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without payment of any lapsed renewal fees, reinstatement fee,
or restoration fee if within 2 years after the termination of
such service, training, or education other than by dishonorable
discharge, the holder furnishes the Department with an
affidavit to the effect that he or she has been so engaged and
that his or her service, training, or education has been so
terminated.
(Source: P.A. 98-911, eff. 1-1-15.)
(225 ILCS 410/1-10) (from Ch. 111, par. 1701-10)
(Section scheduled to be repealed on January 1, 2016)
Sec. 1-10. Display. Every holder of a license shall display
it in a place in the holder's principal office, place of
business or place of employment. Whenever a licensed
cosmetologist, esthetician, nail technician, hair braider, or
barber practices cosmetology, esthetics, nail technology, hair
braiding, or barbering outside of or away from the
cosmetologist's, esthetician's, nail technician's, hair
braider's, or barber's principal office, place of business, or
place of employment, the cosmetologist, esthetician, nail
technician, hair braider, or barber shall provide any person so
requesting proof that he or she has a valid license issued
deliver to each person served a certificate of identification
in a form specified by the Department.
Every registered shop shall display its certificate of
registration at the location of the shop. Each shop where

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barber, cosmetology, esthetics, hair braiding, or nail
technology services are provided shall have a certificate of
registration.
(Source: P.A. 96-1246, eff. 1-1-11.)
(225 ILCS 410/1-11) (from Ch. 111, par. 1701-11)
(Section scheduled to be repealed on January 1, 2016)
Sec. 1-11. Exceptions to Act.
(a) Nothing in this Act shall be construed to apply to the
educational activities conducted in connection with any
monthly, annual or other special educational program of any
bona fide association of licensed cosmetologists,
estheticians, nail technicians, hair braiders, or barbers, or
licensed cosmetology, esthetics, nail technology, hair
braiding, or barber schools from which the general public is
excluded.
(b) Nothing in this Act shall be construed to apply to the
activities and services of registered nurses or licensed
practical nurses, as defined in the Nurse Practice Act, or to
personal care or health care services provided by individuals
in the performance of their duties as employed or authorized by
facilities or programs licensed or certified by State agencies.
As used in this subsection (b), "personal care" means
assistance with meals, dressing, movement, bathing, or other
personal needs or maintenance or general supervision and
oversight of the physical and mental well-being of an

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individual who is incapable of maintaining a private,
independent residence or who is incapable of managing his or
her person whether or not a guardian has been appointed for
that individual. The definition of "personal care" as used in
this subsection (b) shall not otherwise be construed to negate
the requirements of this Act or its rules.
(c) Nothing in this Act shall be deemed to require
licensure of individuals employed by the motion picture, film,
television, stage play or related industry for the purpose of
providing cosmetology or esthetics services to actors of that
industry while engaged in the practice of cosmetology or
esthetics as a part of that person's employment.
(d) Nothing in this Act shall be deemed to require
licensure of an inmate of the Department of Corrections who
performs barbering or cosmetology with the approval of the
Department of Corrections during the person's incarceration.
(Source: P.A. 95-639, eff. 10-5-07; 96-1246, eff. 1-1-11.)
(225 ILCS 410/1-12 new)
Sec. 1-12. Licensure by endorsement. The Department may,
without examination, grant a license under this Act to an
applicant who is licensed or registered for or authorized to
practice the same profession under the laws of another state or
jurisdiction of the United States or of a foreign country upon
filing of an application on forms provided by the Department,
paying the required fee, and meeting such requirements as are

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established by rule. The Department may prescribe rules
governing recognition of education and legal practice in
another jurisdiction, requiring additional education, and
determining when an examination may be required.
(225 ILCS 410/2-2) (from Ch. 111, par. 1702-2)
(Section scheduled to be repealed on January 1, 2016)
Sec. 2-2. Licensure as a barber; qualifications. A person
is qualified to receive a license as a barber if that person
has applied in writing on forms prescribed by the Department,
has paid the required fees, and:
a. Is at least 16 years of age; and
b. Has a certificate of graduation from a school
providing secondary education, or the recognized
equivalent of such a certificate, or persons who are beyond
the age of compulsory school attendance; and
c. Has graduated from a school of barbering or school
of cosmetology approved by the Department, having
completed a total of 1500 hours in the study of barbering
extending over a period of not less than 9 months nor more
than 3 years. A school of barbering may, at its discretion,
consistent with the rules of the Department, accept up to
1,000 500 hours of cosmetology school training at a
recognized cosmetology school toward the 1500 hour course
requirement of barbering. Time spent in such study under
the laws of another state or territory of the United States

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or of a foreign country or province shall be credited
toward the period of study required by the provisions of
this paragraph; and
d. Has passed an examination caused to be conducted by
the Department or its designated testing service to
determine fitness to receive a license as a barber; and
e. Has met all other requirements of this Act.
(Source: P.A. 97-777, eff. 7-13-12.)
(225 ILCS 410/2-3) (from Ch. 111, par. 1702-3)
(Section scheduled to be repealed on January 1, 2016)
Sec. 2-3. Licensure as a barber by a cosmetology school
graduate. A person is qualified to receive a license as a
barber if that person has applied in writing on forms provided
by the Department, paid the required fees, and:
a. Is at least 16 years of age; and
b. Has a certificate of graduation from a school providing
secondary education, or the recognized equivalent of such a
certificate, or persons who are beyond the age of compulsory
school attendance; and
c. Has graduated from a cosmetology school approved by the
Department having completed a minimum of 1500 hours in the
study of cosmetology; and
d. Has graduated from a school of barbering or cosmetology
approved by the Department having completed a minimum of 500
1000 additional hours in the study of barbering extending over

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a period of no less than 3 6 months nor more than one year 2
years. Time spent in such study under the laws of another state
or territory of the United States or of a foreign country or
province shall be credited toward the period of study required
by the provisions of this paragraph; and
e. Has passed an examination caused to be conducted by the
Department, or its designated testing service, to determine
fitness to receive a license as a barber; and
f. Has met any other requirements set forth in this Act.
(Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)
(225 ILCS 410/2-4) (from Ch. 111, par. 1702-4)
(Section scheduled to be repealed on January 1, 2016)
Sec. 2-4. Licensure as a barber teacher; qualifications. A
person is qualified to receive a license as a barber teacher if
that person files an application on forms provided by the
Department, pays the required fee, and:
a. Is at least 18 years of age;
b. Has graduated from high school or its equivalent;
c. Has a current license as a barber or cosmetologist;
d. Has graduated from a barber school or school of
cosmetology approved by the Department having:
(1) completed a total of 500 hours in barber
teacher training extending over a period of not less
than 3 months nor more than 2 years and has had 3 years
of practical experience as a licensed barber;

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(2) completed a total of 1,000 hours of barber
teacher training extending over a period of not less
than 6 months nor more than 2 years; or
(3) completed the cosmetology teacher training as
specified in paragraph (4) of subsection (a) of Section
3-4 of this Act and completed a supplemental barbering
course as established by rule; and
e. Has passed an examination authorized by the
Department to determine fitness to receive a license as a
barber teacher or a cosmetology teacher; and
f. Has met any other requirements set forth in this
Act.
An applicant who is issued a license as a barber teacher
Barber Teacher is not required to maintain a barber license in
order to practice barbering as defined in this Act.
(Source: P.A. 97-777, eff. 7-13-12; 98-911, eff. 1-1-15;
revised 11-25-14.)
(225 ILCS 410/2-7) (from Ch. 111, par. 1702-7)
(Section scheduled to be repealed on January 1, 2016)
Sec. 2-7. Examination of applicants. The Department shall
hold examinations of applicants for licensure as barbers and
teachers of barbering at such times and places as it may
determine. Upon request, the examinations shall be
administered in Spanish.
Each applicant shall be given a written examination testing

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both theoretical and practical knowledge of the following
subjects insofar as they are related and applicable to the
practice of barber science and art: (1) anatomy, (2)
physiology, (3) skin diseases, (4) hygiene and sanitation, (5)
barber history, (6) this Act and the rules for the
administration of this Act barber law, (7) hair cutting and
styling, (8) shaving, shampooing, and permanent waving, (9)
massaging, (10) bleaching, tinting, and coloring, and (11)
implements.
The examination of applicants for licensure as a barber
teacher shall include: (a) practice of barbering and styling,
(b) theory of barbering, (c) methods of teaching, and (d)
school management.
If an applicant for licensure as a barber fails to pass 3
examinations conducted by the Department, the applicant shall,
before taking a subsequent examination, furnish evidence of not
less than 250 hours of additional study of barbering in an
approved school of barbering or cosmetology since the applicant
last took the examination. If an applicant for licensure as a
barber teacher fails to pass 3 examinations conducted by the
Department, the applicant shall, before taking a subsequent
examination, furnish evidence of not less than 80 hours of
additional study in teaching methodology and educational
psychology in an approved school of barbering or cosmetology
since the applicant last took the examination. An applicant who
fails to pass the fourth examination shall not again be

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admitted to an examination unless: (i) in the case of an
applicant for licensure as a barber, the applicant again takes
and completes a program of 1,500 hours in the study of
barbering in an approved school of barbering or cosmetology
extending over a period that commences after the applicant
fails to pass the fourth examination and that is not less than
8 months nor more than 7 consecutive years in duration; or (ii)
in the case of an applicant for licensure as a barber teacher,
the applicant again takes and completes a program of 1,000
hours of teacher training in an approved school of barbering or
cosmetology, except that if the applicant had 2 years of
practical experience as a licensed barber within the 5 years
preceding the initial examination taken by the applicant, the
applicant must again take and complete a program of 500 hours
of teacher training in an approved school of barbering or
cosmetology. The requirements for remedial training set forth
in this Section may be waived in whole or in part by the
Department upon proof to the Department that the applicant has
demonstrated competence to again sit for the examination. The
Department shall adopt rules establishing standards by which
this determination shall be made.
This Act does not prohibit the practice as a barber or
barber teacher by one who has applied in writing to the
Department, in form and substance satisfactory to the
Department, for a license and has complied with all the
provisions of this Act in order to qualify for a license except

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the passing of an examination, until: (a) the expiration of 6
months after the filing of such written application, or (b) the
decision of the Department that the applicant has failed to
pass an examination within 6 months or failed without an
approved excuse to take an examination conducted within 6
months by the Department, or (c) the withdrawal of the
application.
(Source: P.A. 94-451, eff. 12-31-05.)
(225 ILCS 410/2-9)
(Section scheduled to be repealed on January 1, 2016)
Sec. 2-9. Certification Degree in barbering at a
cosmetology school. A school of cosmetology may offer a
certificate degree in barbering, as defined by this Act,
provided that the school of cosmetology complies with
subsections (c), (d), and (e) of Section 2-2 of this Act;
utilizes barber teachers properly licensed under Section 2-4 of
this Act; and complies with Sections 2A-7 and 3B-10 of this
Act.
(Source: P.A. 97-777, eff. 7-13-12; 98-911, eff. 1-1-15.)
(225 ILCS 410/2-10 new)
Sec. 2-10. Licensed cosmetologist seeking license as a
barber. A licensed cosmetologist who submits to the Department
an application for licensure as a barber must meet all
requirements of this Act for licensure as a barber, except that

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such applicant shall be given credit for hours of instruction
completed for his or her cosmetologist license in subjects that
are common to both barbering and cosmetology and shall complete
an additional 500 hours of instruction in subjects not within
the scope of practice of a cosmetologist. The Department shall
provide for the implementation of this provision by rule.
(225 ILCS 410/2-11 new)
Sec. 2-11. Inactive status. Any barber or barber teacher
who notifies the Department in writing on forms prescribed by
the Department may elect to place his or her license on
inactive status and shall, subject to rules of the Department,
be excused from payment of renewal fees until he or she
notifies the Department in writing of his or her desire to
resume active status. Any barber or barber teacher requesting
restoration from inactive status shall be required to pay the
current renewal fee and to qualify for the restoration of his
or her license, subject to rules of the Department. Any barber
or barber teacher whose license is in inactive status shall not
practice in the State of Illinois.
(225 ILCS 410/3-2) (from Ch. 111, par. 1703-2)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3-2. Licensure; qualifications.
(1) A person is qualified to receive a license as a
cosmetologist who has filed an application on forms provided by

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the Department, pays the required fees, and:
a. Is at least l6 years of age; and
b. Is beyond the age of compulsory school attendance or
has received a certificate of graduation from a school
providing secondary education, or the recognized
equivalent of that certificate; and
c. Has graduated from a school of cosmetology approved
by the Department, having completed a program of 1,500 l500
hours in the study of cosmetology extending over a period
of not less than 8 months nor more than 7 consecutive
years. A school of cosmetology may, at its discretion,
consistent with the rules of the Department, accept up to
1,000 500 hours of barber school training at a recognized
barber school toward the 1,500 l500 hour program
requirement of cosmetology. Time spent in such study under
the laws of another state or territory of the United States
or of a foreign country or province shall be credited
toward the period of study required by the provisions of
this paragraph; and
d. Has passed an examination authorized by the
Department to determine eligibility to receive a license as
a cosmetologist; and
e. Has met any other requirements of this Act.
(2) (Blank).
(Source: P.A. 93-253, eff. 7-22-03; 94-451, eff. 12-31-05.)

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(225 ILCS 410/3-3) (from Ch. 111, par. 1703-3)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3-3. Licensure as a cosmetologist by a barber school
graduate. A person is qualified to receive a license as a
cosmetologist if that person has filed an application on forms
provided by the Department, has paid the required fees, and:
a. Is at least 16 years of age; and
b. Has a certificate of graduation from a school providing
secondary education, or the recognized equivalent of such a
certificate, or is beyond the age of compulsory school
attendance; and
c. Has graduated from a school of barbering approved by the
Department having completed 1500 hours in the study of
barbering, and a minimum of 500 1000 additional hours in the
study of cosmetology extending over a period of no less than 3
6 months nor more than one year 2 years. Time spent in such
study under the laws of another state or territory of the
United States or of a foreign country or province shall be
credited toward the period of study required by the provisions
of this paragraph; and
d. Has passed an examination authorized by the Department
to determine fitness to receive a license as a cosmetologist;
and
e. Has met any other requirements of this Act.
(Source: P.A. 89-387, eff. 1-1-96.)

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(225 ILCS 410/3-4) (from Ch. 111, par. 1703-4)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3-4. Licensure as cosmetology teacher or cosmetology
clinic teacher; qualifications.
(a) A person is qualified to receive license as a
cosmetology teacher if that person has applied in writing on
forms provided by the Department, has paid the required fees,
and:
(1) is at least 18 years of age;
(2) has graduated from high school or its equivalent;
(3) has a current license as a cosmetologist;
(4) has either: (i) completed a program of 500 hours of
teacher training in a licensed school of cosmetology and
had 2 years of practical experience as a licensed
cosmetologist within 5 years preceding the examination; or
(ii) completed a program of 1,000 hours of teacher training
in a licensed school of cosmetology; or (iii) completed the
barber teacher training as specified in subsection (d) of
Section 2-4 of this Act and completed a supplemental
cosmetology course as established by rule;
(5) has passed an examination authorized by the
Department to determine eligibility to receive a license as
a cosmetology teacher or barber teacher; and
(6) has met any other requirements of this Act.
An individual who receives a license as a cosmetology
teacher shall not be required to maintain an active cosmetology

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license in order to practice cosmetology as defined in this
Act.
(b) A person is qualified to receive a license as a
cosmetology clinic teacher if he or she has applied in writing
on forms provided by the Department, has paid the required
fees, and:
(1) is at least 18 years of age;
(2) has graduated from high school or its equivalent;
(3) has a current license as a cosmetologist;
(4) has (i) completed a program of 250 hours of clinic
teacher training in a licensed school of cosmetology or
(ii) within 5 years preceding the examination, has obtained
a minimum of 2 years of practical experience working at
least 30 full-time hours per week as a licensed
cosmetologist and has completed an instructor's institute
of 20 hours, as prescribed by the Department, prior to
submitting an application for examination;
(5) has passed an examination authorized by the
Department to determine eligibility to receive a license as
a cosmetology teacher; and
(6) has met any other requirements of this Act.
The Department shall not issue any new cosmetology clinic
teacher licenses after January 1, 2009. Any person issued a
license as a cosmetology clinic teacher before January 1, 2009,
may renew the license after that date under this Act and that
person may continue to renew the license or have the license

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restored during his or her lifetime, subject only to the
renewal or restoration requirements for the license under this
Act; however, such licensee and license shall remain subject to
the provisions of this Act, including, but not limited to,
provisions concerning renewal, restoration, fees, continuing
education, discipline, administration, and enforcement.
(Source: P.A. 94-451, eff. 12-31-05.)
(225 ILCS 410/3-6) (from Ch. 111, par. 1703-6)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3-6. Examination. The Department shall authorize
examinations of applicants for licensure as cosmetologists and
teachers of cosmetology at the times and places it may
determine. The Department may provide by rule for the
administration of the examination prior to the completion of
the applicant's program of training as required in Sections
3-2, 3-3, or 3-4. If an applicant for licensure as a
cosmetologist fails to pass 3 examinations conducted by the
Department, the applicant shall, before taking a subsequent
examination, furnish evidence of not less than 250 hours of
additional study of cosmetology in an approved school of
cosmetology since the applicant last took the examination. If
an applicant for licensure as a cosmetology teacher fails to
pass 3 examinations conducted by the Department, the applicant
shall, before taking a subsequent examination, furnish
evidence of not less than 80 hours of additional study in

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teaching methodology and educational psychology in an approved
school of cosmetology since the applicant last took the
examination. An applicant who fails to pass the fourth
examination shall not again be admitted to an examination
unless: (i) in the case of an applicant for licensure as a
cosmetologist, the applicant again takes and completes a
program of 1500 hours in the study of cosmetology in an
approved school of cosmetology extending over a period that
commences after the applicant fails to pass the fourth
examination and that is not less than 8 months nor more than 7
consecutive years in duration; (ii) in the case of an applicant
for licensure as a cosmetology teacher, the applicant again
takes and completes a program of 1000 hours of teacher training
in an approved school of cosmetology, except that if the
applicant had 2 years of practical experience as a licensed
cosmetologist within the 5 years preceding the initial
examination taken by the applicant, the applicant must again
take and complete a program of 500 hours of teacher training in
an approved school of cosmetology, esthetics, or nail
technology; or (iii) in the case of an applicant for licensure
as a cosmetology clinic teacher, the applicant again takes and
completes a program of 250 hours of clinic teacher training in
a licensed school of cosmetology or an instructor's institute
of 20 hours. The requirements for remedial training set forth
in this Section may be waived in whole or in part by the
Department upon proof to the Department that the applicant has

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demonstrated competence to again sit for the examination. The
Department shall adopt rules establishing the standards by
which this determination shall be made. Each cosmetology
applicant shall be given a written examination testing both
theoretical and practical knowledge, which shall include, but
not be limited to, questions that determine the applicant's
knowledge of product chemistry, sanitary rules, sanitary
procedures, chemical service procedures, hazardous chemicals
and exposure minimization, knowledge of the anatomy of the
skin, scalp, hair, and nails as they relate to applicable
services under this Act and labor and compensation laws.
The examination of applicants for licensure as a
cosmetology, esthetics, or nail technology teacher may include
all of the elements of the exam for licensure as a
cosmetologist, esthetician, or nail technician and also
include teaching methodology, classroom management, record
keeping, and any other related subjects that the Department in
its discretion may deem necessary to insure competent
performance.
This Act does not prohibit the practice of cosmetology by
one who has applied in writing to the Department, in form and
substance satisfactory to the Department, for a license as a
cosmetologist, or the teaching of cosmetology by one who has
applied in writing to the Department, in form and substance
satisfactory to the Department, for a license as a cosmetology
teacher or cosmetology clinic teacher, if the person has

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complied with all the provisions of this Act in order to
qualify for a license, except the passing of an examination to
be eligible to receive a license, until: (a) the expiration of
6 months after the filing of the written application, (b) the
decision of the Department that the applicant has failed to
pass an examination within 6 months or failed without an
approved excuse to take an examination conducted within 6
months by the Department, or (c) the withdrawal of the
application.
(Source: P.A. 94-451, eff. 12-31-05.)
(225 ILCS 410/3-7) (from Ch. 111, par. 1703-7)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3-7. Licensure; renewal; continuing education;
military service. The holder of a license issued under this
Article III may renew that license during the month preceding
the expiration date thereof by paying the required fee, giving
such evidence as the Department may prescribe of completing not
less than 14 hours of continuing education for a cosmetologist,
and 24 hours of continuing education for a cosmetology teacher
or cosmetology clinic teacher, within the 2 years prior to
renewal. The training shall be in subjects approved by the
Department as prescribed by rule upon recommendation of the
Board and may include online instruction.
A license that has been expired for more than 5 years may
be restored by payment of the restoration fee and submitting

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evidence satisfactory to the Department of the current
qualifications and fitness of the licensee, which shall include
completion of continuing education hours for the period
subsequent to expiration.
The Department shall establish by rule a means for the
verification of completion of the continuing education
required by this Section. This verification may be accomplished
through audits of records maintained by registrants, by
requiring the filing of continuing education certificates with
the Department, or by other means established by the
Department.
A license issued under the provisions of this Act that has
expired while the holder of the license was engaged (1) in
federal service on active duty with the Army of the United
States, the United States Navy, the Marine Corps, the Air
Force, the Coast Guard, or any Women's Auxiliary thereof, or
the State Militia called into the service or training of the
United States of America, or (2) in training or education under
the supervision of the United States preliminary to induction
into the military service, may be reinstated or restored
without the payment of any lapsed renewal fees, reinstatement
fee, or restoration fee if within 2 years after the termination
of such service, training, or education other than by
dishonorable discharge, the holder furnishes the Department
with an affidavit to the effect that he or she has been so
engaged and that his or her service, training, or education has

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been so terminated.
The Department, in its discretion, may waive enforcement of
the continuing education requirement in this Section and shall
adopt rules defining the standards and criteria for that waiver
under the following circumstances:
(a) the licensee resides in a locality where it is
demonstrated that the absence of opportunities for such
education would interfere with the ability of the licensee
to provide service to the public;
(b) that to comply with the continuing education
requirements would cause a substantial financial hardship
on the licensee;
(c) that the licensee is serving in the United States
Armed Forces; or
(d) that the licensee is incapacitated due to illness.
The continuing education requirements of this Section do
not apply to a licensee who (i) is at least 62 years of age or
(ii) has been licensed as a cosmetologist, cosmetology teacher,
or cosmetology clinic teacher for at least 25 years.
(Source: P.A. 98-911, eff. 1-1-15.)
(225 ILCS 410/3-9 new)
Sec. 3-9. Licensed barber seeking license as
cosmetologist. A licensed barber who submits to the Department
an application for licensure as a cosmetologist must meet all
requirements of this Act for licensure as a cosmetologist,

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except that such applicant shall be given credit for hours of
instruction completed for his or her barber license in subjects
that are common to both barbering and cosmetology and shall
complete an additional 500 hours of instruction in subjects not
within the scope of practice of a barber. The Department shall
provide for the implementation of this provision by rule.
(225 ILCS 410/3-10 new)
Sec. 3-10. Licensed esthetician or licensed nail
technician seeking license as a cosmetologist. A licensed
esthetician or licensed nail technician who submits to the
Department an application for licensure as a cosmetologist must
meet all requirements of this Act for licensure as a
cosmetologist except that such applicant shall be given credit
for hours of instruction completed for his or her esthetician
or nail technician license in subjects that are common to both
esthetics or nail technology and cosmetology. The Department
shall provide for the implementation of this provision by rule.
(225 ILCS 410/3A-6) (from Ch. 111, par. 1703A-6)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3A-6. Licensure; renewal; continuing education;
examination; military service. The holder of a license issued
under this Article may renew such license during the month
preceding the expiration date thereof by paying the required
fee, giving evidence the Department may prescribe of completing

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not less than 10 hours for estheticians, and not less than 20
hours of continuing education for esthetics teachers, within
the 2 years prior to renewal. The training shall be in
subjects, approved by the Department as prescribed by rule upon
recommendation of the Board.
A license that has expired or been placed on inactive
status may be restored only by payment of the restoration fee
and submitting evidence satisfactory to the Department of the
current qualifications and fitness of the licensee including
the completion of continuing education hours for the period
following expiration.
A license issued under the provisions of this Act that has
expired while the holder of the license was engaged (1) in
federal service on active duty with the Army of the United
States, the United States Navy, the Marine Corps, the Air
Force, the Coast Guard, or any Women's Auxiliary thereof, or
the State Militia called into the service or training of the
United States of America, or (2) in training or education under
the supervision of the United States preliminary to induction
into the military service, may be reinstated or restored
without the payment of any lapsed renewal fees, reinstatement
fee, or restoration fee if within 2 years after the termination
of such service, training, or education other than by
dishonorable discharge, the holder furnishes the Department
with an affidavit to the effect that he or she has been so
engaged and that his or her service, training, or education has

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been so terminated.
The Department, in its discretion, may waive enforcement of
the continuing education requirement in this Section, and shall
adopt rules defining the standards and criteria for such
waiver, under the following circumstances:
(1) the licensee resides in a locality where it is
demonstrated that the absence of opportunities for such
education would interfere with the ability of the licensee
to provide service to the public;
(2) the licensee's compliance with the continuing
education requirements would cause a substantial financial
hardship on the licensee;
(3) the licensee is serving in the United States Armed
Forces; or
(4) the licensee is incapacitated due to illness.
(Source: P.A. 98-911, eff. 1-1-15.)
(225 ILCS 410/3A-8 new)
Sec. 3A-8. Inactive status. Any esthetician or esthetician
teacher who notifies the Department in writing on forms
prescribed by the Department may elect to place his or her
license on inactive status and shall, subject to rules of the
Department, be excused from payment of renewal fees until he or
she notifies the Department in writing of his or her desire to
resume active status.
Any esthetician or esthetician teacher requesting

09900HB1424sam002 - 34 - LRB099 06559 MLM 35504 a
restoration from inactive status shall be required to pay the
current renewal fee and to qualify for the restoration of his
or her license, subject to rules of the Department. A license
shall not be restored from inactive status unless the
esthetician or esthetician teacher requesting the restoration
completes the number of hours of continuing education required
for renewal of a license under Section 3A-6.
Any esthetician or esthetician teacher whose license is in
inactive status shall not practice in the State of Illinois.
(225 ILCS 410/3B-2) (from Ch. 111, par. 1703B-2)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3B-2. Investigations by Department upon its own motion
or upon verified complaint; opportunity for corrections. The
Department may upon its own motion and shall upon the verified
complaint in writing of any person setting forth facts which if
proved would constitute grounds for refusal or revocation under
this Act, investigate the actions of any applicant or any
person or persons holding or claiming to hold a license.
Any student or employee of a school approved by this Act
who believes he has been aggrieved by a violation of this Act
shall have the right to file a written complaint within one
year of the alleged violation. The Department shall acknowledge
receipt of such written complaint, commence an investigation of
the alleged violation, and forward to the Attorney General and
any appropriate State's Attorney's office copies of complaints

09900HB1424sam002 - 35 - LRB099 06559 MLM 35504 a
as required by Section 3B-3. The Department shall inform
forward a copy of the formal complaint and order to the person
who filed the complaint and to the chief operating officer of
the school cited in the complaint of the nature or substance of
the complaint and afford the school an opportunity to either
resolve the complaint to the satisfaction of the complainant or
submit a written response to the Department.
However, before proceeding to a hearing on the question of
whether a license shall be refused or revoked, the Department
may issue a letter granting the school in question 30 days to
correct the deficiency or deficiencies. The letter shall
enumerate the deficiencies and state the action on the part of
the school that will remediate the deficiency or deficiencies.
During the time designated to remedy deficiencies the
Department may order the school to cease and desist from all
marketing and student enrollment activities.
(Source: P.A. 89-387, eff. 1-1-96; 89-626, eff. 8-9-96.)
(225 ILCS 410/3B-10)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3B-10. Requisites for ownership or operation of
school. No person, firm, or corporation may own, operate, or
conduct a school of barbering, cosmetology, esthetics, hair
braiding, or nail technology for the purpose of teaching
barbering, cosmetology, esthetics, hair braiding, or nail
technology for compensation unless licensed by the Department.

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A licensed school is a postsecondary educational institution
authorized by the Department to provide a postsecondary
education program in compliance with the requirements of this
Act. An applicant shall apply to the Department on forms
provided by the Department, pay the required fees, and comply
with the following requirements:
1. The applicant must submit to the Department for
approval:
a. A floor plan, drawn to a scale specified on the
floor plan, showing every detail of the proposed
school; and
b. A lease commitment or proof of ownership for the
location of the proposed school; a lease commitment
must provide for execution of the lease upon the
Department's approval of the school's application and
the lease must be for a period of at least one year.
c. (Blank).
2. An application to own or operate a school shall
include the following:
a. If the owner is a corporation, a copy of the
Articles of Incorporation or, if the owner is a limited
liability company, a copy of the articles of
organization;
b. If the owner is a partnership, a listing of all
partners and their current addresses;
c. If the applicant is an owner, a completed

09900HB1424sam002 - 37 - LRB099 06559 MLM 35504 a
financial statement showing the owner's ability to
operate the school for at least 3 months;
d. A copy of the official enrollment agreement or
student contract to be used by the school, which shall
be consistent with the requirements of this Act and
rules;
e. A listing of all teachers who will be in the
school's employ, including their teacher license
numbers;
f. A copy of the curricula that will be followed;
g. The names, addresses, and current status of all
schools in which the applicant has previously owned any
interest, and a declaration as to whether any of these
schools were ever denied accreditation or licensing or
lost accreditation or licensing from any governmental
body or accrediting agency;
h. Each application for a certificate of approval
shall be signed and certified under oath by the
school's chief managing employee and also by its
individual owner or owners; if the applicant is a
partnership or a corporation, then the application
shall be signed and certified under oath by the
school's chief managing employee and also by each
member of the partnership or each officer of the
corporation, as the case may be;
i. A copy of the school's official transcript; and

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j. The required fee.
3. Each application for a license to operate a school
shall also contain the following commitments:
a. To conduct the school in accordance with this
Act and the standards, and rules from time to time
adopted under this Act and to meet standards and
requirements at least as stringent as those required by
Part H of the Federal Higher Education Act of 1965.
b. To permit the Department to inspect the school
or classes thereof from time to time with or without
notice; and to make available to the Department, at any
time when required to do so, information including
financial information pertaining to the activities of
the school required for the administration of this Act
and the standards and rules adopted under this Act;
c. To utilize only advertising and solicitation
which is free from misrepresentation, deception,
fraud, or other misleading or unfair trade practices;
d. To screen applicants to the school prior to
enrollment pursuant to the requirements of the
school's regional or national accrediting agency, if
any, and to maintain any and all records of such
screening. If the course of instruction is offered in a
language other than English, the screening shall also
be performed in that language;
e. To post in a conspicuous place a statement,

09900HB1424sam002 - 39 - LRB099 06559 MLM 35504 a
developed by the Department, of student's rights
provided under this Act.
4. The applicant shall establish to the satisfaction of
the Department that the owner possesses sufficient liquid
assets to meet the prospective expenses of the school for a
period of 3 months. In the discretion of the Department,
additional proof of financial ability may be required.
5. The applicant shall comply with all rules of the
Department determining the necessary curriculum and
equipment required for the conduct of the school.
6. The applicant must demonstrate employment of a
sufficient number of qualified teachers who are holders of
a current license issued by the Department.
7. A final inspection of the barber, cosmetology,
esthetics, hair braiding, or nail technology school shall
be made by the Department before the school may commence
classes.
8. A written inspection report must be made by the
State Fire Marshal or a local fire authority approving the
use of the proposed premises as a barber, cosmetology,
esthetics, hair braiding, or nail technology school.
(Source: P.A. 98-238, eff. 1-1-14; 98-911, eff. 1-1-15.)
(225 ILCS 410/3B-11)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3B-11. Periodic review of barber, cosmetology,

09900HB1424sam002 - 40 - LRB099 06559 MLM 35504 a
esthetics, hair braiding, and nail technology schools. The
Department shall review at least biennially all All approved
schools and courses of instruction are to subject to review by
the Department. The biennial review shall include
consideration of a comparison between the graduation or
completion rate for the school and the graduation or completion
rate for the schools within that classification of schools.
Consideration shall be given to complaints and information
forwarded to the Department by the Federal Trade Commission,
Better Business Bureaus, the Illinois Attorney General's
Office, a State's Attorney's Office, other State or official
approval agencies, local school officials, and interested
persons. The Department shall investigate all complaints filed
with the Department about a school or its sales
representatives.
A school shall retain the records, as defined by rule, of a
student who withdraws from or drops out of the school, by
written notice of cancellation or otherwise, for any period
longer than 7 years from the student's first day of attendance.
However, a school shall retain indefinitely the transcript of
each student who completes the program and graduates from the
school.
(Source: P.A. 98-911, eff. 1-1-15.)
(225 ILCS 410/3B-12)
(Section scheduled to be repealed on January 1, 2016)

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Sec. 3B-12. Enrollment agreements.
(a) Enrollment agreements shall be used by barber,
cosmetology, esthetics, hair braiding, and nail technology
schools licensed to operate by the Department and shall include
the following written disclosures:
(1) The name and address of the school and the
addresses where instruction will be given;
(2) The name and description of the course of
instruction, including the number of clock hours in each
course and an approximate number of weeks or months
required for completion;
(3) The scheduled starting date and calculated
completion date;
(4) The total cost of the course of instruction
including any charges made by the school for tuition,
books, materials, supplies, and other expenses;
(5) A clear and conspicuous statement that the contract
is a legally binding instrument when signed by the student
and accepted by the school;
(6) A clear and conspicuous caption, "BUYER'S RIGHT TO
CANCEL" under which it is explained that the student has
the right to cancel the initial enrollment agreement until
midnight of the fifth business day after the student has
been enrolled; and if notice of the right to cancel is not
given to any prospective student at the time the enrollment
agreement is signed, then the student has the right to

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cancel the agreement at any time and receive a refund of
all monies paid to date within 10 days of cancellation;
(7) A notice to the students that the cancellation must
be in writing and given to the registered agent, if any, or
managing employee of the school;
(8) The school's refund policy for unearned tuition,
fees, and other charges;
(9) The date of the student's signature and the date of
the student's admission;
(10) The name of the school employee or agent
responsible for procuring, soliciting, or enrolling the
student;
(11) A clear statement that the institution does not
guarantee employment and a statement describing the
school's placement assistance procedures;
(12) The graduation requirements of the school;
(13) The contents of the following notice, in at least
10 point bold type:
"NOTICE TO THE STUDENT"
"Do not sign this contract before you read it or if it
contains any blank space. You are entitled to an exact copy
of the contract you sign."
(14) A statement either in the enrollment agreement or
separately provided and acknowledged by the student
indicating the number of students who did not complete the
course of instruction for which they enrolled for the past

09900HB1424sam002 - 43 - LRB099 06559 MLM 35504 a
calendar year as compared to the number of students who
enrolled in school during the school's past calendar year;
(15) The following clear and conspicuous caption:
"COMPLAINTS AGAINST THIS SCHOOL MAY BE REGISTERED WITH THE
DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION", set
forth with the address and telephone number of the
Department's Complaint Intake Unit Chicago and Springfield
offices.
(b) If the enrollment is negotiated orally in a language
other than English, then copies of the above disclosures shall
be tendered in the language in which the contract was
negotiated prior to executing the enrollment agreement.
(c) The school shall comply with all applicable
requirements of the Retail Installment Sales Act in its
enrollment agreement or student contracts.
(d) No enrollment agreement or student contract shall
contain a wage assignment provision or a confession of judgment
clause.
(e) Any provision in an enrollment agreement or student
contract that purports to waive the student's right to assert
against the school, or any assignee, any claim or defense he or
she may have against the school arising under the contract
shall be void.
(f) Two copies of the enrollment agreement shall be signed
by the student. One copy shall be given to the student and the
school shall retain the other copy as part of the student's

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permanent record.
(Source: P.A. 98-911, eff. 1-1-15.)
(225 ILCS 410/3B-13)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3B-13. Rules; refunds. Schools regulated under this
Section shall issue refunds based on the following schedule.
The refund policy shall provide that:
(1) Schools shall, when a student gives written notice
of cancellation, provide a refund in the amount of at least
the following:
(a) When notice of cancellation is given within 5
days after the date of enrollment, all application and
registration fees, tuition, and any other charges
shall be refunded to the student.
(b) When notice of cancellation is given after the
fifth day following enrollment but before the
completion of the student's first day of class
attendance, the school may retain no more than the
application and registration fee, plus the cost of any
books or materials which have been provided by the
school and retained by the student.
(c) When notice of cancellation is given after the
student's completion of the first day of class
attendance but prior to the student's completion of 5%
of the course of instruction, the school may retain the

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application and registration fee and an amount not to
exceed 10% of the tuition and other instructional
charges or $300, whichever is less, plus the cost of
any books or materials which have been provided by the
school.
(d) When a student has completed 5% or more of the
course of instruction, the school may retain the
application and registration fee and the cost of any
books or materials which have been provided by the
school but shall refund a part of the tuition and other
instructional charges in accordance with the
requirements of the school's regional or national
accrediting agency, if any, or rules that the
Department shall promulgate for purposes of this
Section.
(2) Applicants not accepted by the school shall receive
a refund of all tuition and fees paid.
(3) Application and registration fees shall be
chargeable at initial enrollment and shall not exceed $100.
All fees must be disclosed in the student contract.
(4) Deposits or down payments shall become part of the
tuition.
(5) The school shall mail a written acknowledgement of
a student's cancellation or written withdrawal to the
student within 15 calendar days of the date of
notification. Written acknowledgement is not necessary if

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a refund has been mailed to the student within the 15
calendar days.
(6) If the school cancels or discontinues a course, the
student shall be entitled to receive from the school such
refund or partial refund of the tuition, fees, and other
charges paid by the student or on behalf of the student as
is provided under rules promulgated by the Department.
(7) Except as otherwise provided by this Act, all
student refunds shall be made by the school within 45
calendar days after the date of notice of the student's
cancellation or the date that the school determines that
the student has officially or unofficially withdrawn.
(8) A student shall give notice of cancellation to the
school in writing. The unexplained absence of a student
from a school for more than 30 consecutive calendar days
shall constitute constructive notice of cancellation to
the school. For purposes of cancellation, the cancellation
date shall be the last day of attendance.
(9) A school may make refunds which exceed those
required by this Section.
(10) Each student and former student shall be entitled
to receive from the school that the student attends or
attended an official transcript of all hours completed by
the student at that school for which the applicable
tuition, fees, and other charges have been paid, together
with the grades earned by the student for those hours,

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provided that a student who withdraws from or drops out of
a school, by written notice of cancellation or otherwise,
shall not be entitled to any transcript of completed hours
following the expiration of the 7-year period that began on
the student's first day of attendance at the school. A
reasonable fee, not exceeding $2, may be charged by the
school for each transcript after the first free transcript
that the school is required to provide to a student or
former student under this Section.
(Source: P.A. 95-343, eff. 1-1-08; 96-506, eff. 8-14-09.)
(225 ILCS 410/3B-17 new)
Sec. 3B-17. Sale of school. Any school licensed under this
Act that is subsequently sold to another party shall notify the
Department in writing of the sale at least 30 days in advance
of the effective date of the transfer of ownership. Upon filing
of this notice with the Department, the new owner may continue
to operate the school under the previously issued license
provided that the new owner submits an application for
licensure to the Department in accordance with the requirements
of this Act within 30 days after the effective date of the
transfer of ownership. The new owner may continue to operate
the school under the previous license after submitting such
application until the Department issues a new license or denies
issuance of a license, whichever occurs first. The Department
shall provide for administration of this Section by rule.

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(225 ILCS 410/3B-18 new)
Sec. 3B-18. Internship. A school may offer an internship
program as part of its curriculum subject to the rules of the
Department.
(225 ILCS 410/3C-8) (from Ch. 111, par. 1703C-8)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3C-8. License renewal; expiration; continuing
education; persons in military service. The holder of a license
issued under this Article may renew that license during the
month preceding the expiration date of the license by paying
the required fee and giving evidence, as the Department may
prescribe, of completing not less than 10 hours of continuing
education for a nail technician and 20 hours of continuing
education for a nail technology teacher, within the 2 years
prior to renewal. The continuing education shall be in subjects
approved by the Department upon recommendation of the Barber,
Cosmetology, Esthetics, Hair Braiding, and Nail Technology
Board relating to the practice of nail technology, including,
but not limited to, review of sanitary procedures, review of
chemical service procedures, review of this Act, and review of
the Workers' Compensation Act. However, at least 10 of the
hours of continuing education required for a nail technology
teacher shall be in subjects relating to teaching methodology,
educational psychology, and classroom management or in other

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subjects related to teaching.
A license that has been expired or placed on inactive
status may be restored only by payment of the restoration fee
and submitting evidence satisfactory to the Department of the
meeting of current qualifications and fitness of the licensee,
including the completion of continuing education hours for the
period subsequent to expiration.
A license issued under this Article that has expired while
the holder of the license was engaged (1) in federal service on
active duty with the Army of the United States, the United
States Navy, the Marine Corps, the Air Force, the Coast Guard,
or any Women's Auxiliary thereof, or the State Militia called
into the service or training of the United States of America,
or (2) in training or education under the supervision of the
United States preliminary to induction into the military
service, may be reinstated or restored without the payment of
any lapsed renewal fees, reinstatement fee or restoration fee
if, within 2 years after the termination of the service,
training, or education other than by dishonorable discharge,
the holder furnishes the Department with an affidavit to the
effect that the certificate holder has been so engaged and that
the service, training, or education has been so terminated.
The Department, in its discretion, may waive enforcement of
the continuing education requirement in this Section, and shall
adopt rules defining the standards and criteria for such
waiver, under the following circumstances:

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(a) the licensee resides in a locality where it is
demonstrated that the absence of opportunities for such
education would interfere with the ability of the licensee to
provide service to the public;
(b) the licensee's compliance with the continuing
education requirements would cause a substantial financial
hardship on the licensee;
(c) the licensee is serving in the United States Armed
Forces; or
(d) the licensee is incapacitated due to illness.
(Source: P.A. 98-911, eff. 1-1-15.)
(225 ILCS 410/3C-10 new)
Sec. 3C-10. Inactive status. Any nail technician or nail
technology teacher who notifies the Department in writing on
forms prescribed by the Department may elect to place his or
her license on inactive status and shall, subject to rules of
the Department, be excused from payment of renewal fees until
he or she notifies the Department in writing of his or her
desire to resume active status.
Any nail technician or nail technology teacher requesting
restoration from inactive status shall be required to pay the
current renewal fee and to qualify for the restoration of his
or her license, subject to rules of the Department. A license
shall not be restored from inactive status unless the nail
technician or nail technology teacher requesting the

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restoration completes the number of hours of continuing
education required for renewal of a license under Section 3C-8.
Any nail technician or nail technology teacher whose
license is in inactive status shall not practice in the State
of Illinois.
(225 ILCS 410/3D-5)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3D-5. Requisites for ownership or operation of
cosmetology, esthetics, hair braiding, and nail technology
salons and barber shops.
(a) No person, firm, partnership, limited liability
company, or corporation shall own or operate a cosmetology,
esthetics, hair braiding, or nail technology salon or barber
shop or employ, rent space to, or independently contract with
any licensee under this Act without applying on forms provided
by the Department for a certificate of registration.
(b) The application for a certificate of registration under
this Section shall set forth the name, address, and telephone
number of the proposed cosmetology, esthetics, hair braiding,
or nail technology salon or barber shop; the name, address, and
telephone number of the person, firm, partnership, or
corporation that is to own or operate the salon or shop; and,
if the salon or shop is to be owned or operated by an entity
other than an individual, the name, address, and telephone
number of the managing partner or the chief executive officer

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of the corporation or other entity that owns or operates the
salon or shop.
(c) The Department shall be notified by the owner or
operator of a salon or shop that is moved to a new location. If
there is a change in the ownership or operation of a salon or
shop, the new owner or operator shall report that change to the
Department along with completion of any additional
requirements set forth by rule.
(d) If a person, firm, partnership, limited liability
company, or corporation owns or operates more than one shop or
salon, a separate certificate of registration must be obtained
for each salon or shop.
(e) A certificate of registration granted under this
Section may be revoked in accordance with the provisions of
Article IV and the holder of the certificate may be otherwise
disciplined by the Department in accordance with rules adopted
under this Act.
(f) The Department may promulgate rules to establish
additional requirements for owning or operating a salon or
shop.
(g) The requirement of a certificate of registration as set
forth in this Section shall also apply to any person, firm,
partnership, limited liability company, or corporation
providing barbering, cosmetology, esthetics, hair braiding, or
nail technology services at any location not owned or rented by
such person, firm, partnership, limited liability company, or

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corporation for these purposes or from a mobile shop or salon.
Notwithstanding any provision of this Section, applicants for a
certificate of registration under this subsection (g) shall
report in its application the address and telephone number of
its office and shall not be required to report the location
where services are or will be rendered. Nothing in this
subsection (g) shall apply to a sole proprietor who has no
employees or contractors and is not operating a mobile shop or
salon.
(Source: P.A. 96-1246, eff. 1-1-11.)
(225 ILCS 410/3E-5)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3E-5. License renewal. To renew a license issued under
this Article, an individual must produce proof of successful
completion of 10 hours of continuing education for a hair
braider license and 20 hours of continuing education for a hair
braiding teacher license.
A license that has been expired for more than 5 years may
be restored by payment of the restoration fee and submitting
evidence satisfactory to the Department of the current
qualifications and fitness of the licensee, which shall include
completion of continuing education hours for the period
subsequent to expiration. The Department may establish
additional rules for the administration of this Section and
other requirements for the renewal of a hair braider or hair

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braiding teacher license issued under this Act.
(Source: P.A. 96-1246, eff. 1-1-11.)
(225 ILCS 410/3E-7 new)
Sec. 3E-7. Inactive status. Any hair braider or hair
braiding teacher who notifies the Department in writing on
forms prescribed by the Department may elect to place his or
her license on inactive status and shall, subject to rules of
the Department, be excused from payment of renewal fees until
he or she notifies the Department in writing of his or her
desire to resume active status.
Any hair braider or hair braiding teacher requesting
restoration from inactive status shall be required to pay the
current renewal fee and to qualify for the restoration of his
or her license, subject to rules of the Department. A license
shall not be restored from inactive status unless the hair
braider or hair braiding teacher requesting the restoration
completes the number of hours of continuing education required
for renewal of a license under Section 3E-5.
Any hair braider or hair braiding teacher whose license is
in inactive status shall not practice in the State of Illinois.
(225 ILCS 410/4-2) (from Ch. 111, par. 1704-2)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4-2. The Barber, Cosmetology, Esthetics, Hair
Braiding, and Nail Technology Board. There is established

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within the Department the Barber, Cosmetology, Esthetics, Hair
Braiding, and Nail Technology Board, composed of 11 persons,
which shall serve in an advisory capacity to the Secretary in
all matters related to the practice of barbering, cosmetology,
esthetics, hair braiding, and nail technology.
The 11 members of the Board shall be appointed as follows:
6 licensed cosmetologists, all of whom hold a current license
as a cosmetologist or cosmetology teacher and, for appointments
made after the effective date of this amendatory Act of 1996,
at least 2 of whom shall be an owner of or a major stockholder
in a school of cosmetology, 2 of whom shall be representatives
of either a franchiser or an owner operating salons in 2 or
more locations within the State, one of whom shall be an
independent salon owner, and no one of the cosmetologist
members shall be a manufacturer, jobber, or stockholder in a
factory of cosmetology articles or an immediate family member
of any of the above; one of whom shall be a barber holding a
current license; one member who shall be a licensed esthetician
or esthetics teacher; one member who shall be a licensed nail
technician or nail technology teacher; one member who shall be
a licensed hair braider or hair braiding teacher; and one
public member who holds no licenses issued by the Department.
The Secretary shall give due consideration for membership to
recommendations by members of the professions and by their
professional organizations. Members shall serve 4 year terms
and until their successors are appointed and qualified. No

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member shall be reappointed to the Board for more than 2 terms.
Appointments to fill vacancies shall be made in the same manner
as original appointments for the unexpired portion of the
vacated term. Members of the Board in office on the effective
date of this amendatory Act of 1996 shall continue to serve for
the duration of the terms to which they have been appointed,
but beginning on that effective date all appointments of
licensed cosmetologists and barbers to serve as members of the
Board shall be made in a manner that will effect at the
earliest possible date the changes made by this amendatory Act
of 1996 in the representative composition of the Board.
For the initial appointment of a member who shall be a hair
braider or hair braiding teacher to the Board, such individual
shall not be required to possess a license at the time of
appointment, but shall have at least 5 years active practice in
the field of hair braiding and shall obtain a license as a hair
braider or a hair braiding teacher within 18 months after
appointment to the Board.
Six members of the Board shall constitute a quorum. A
majority is required for Board decisions.
The Board shall elect a chairperson and a vice chairperson
annually.
Board members are not liable for their acts, omissions,
decisions, or other conduct in connection with their duties on
the Board, except those determined to be willful, wanton, or
intentional misconduct.

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Whenever the Secretary is satisfied that substantial
justice has not been done in an examination, the Secretary may
order a reexamination by the same or other examiners.
(Source: P.A. 96-1246, eff. 1-1-11.)
(225 ILCS 410/4-5) (from Ch. 111, par. 1704-5)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4-5. Fees; time limitations.
(a) Except as provided in paragraph (b) below, the fees for
the administration and enforcement of this Act, including but
not limited to fees for original licensure, renewal, and
restoration shall be set by the Department by rule. The fees
shall not be refundable.
(b) Applicants for examination shall be required to pay,
either to the Department or the designated testing service, a
fee covering the cost of initial screening to determine
eligibility and providing the examination. Failure to appear
for the examination on the scheduled date at the time and place
specified, after the applicant's application for examination
has been received and acknowledged by the Department or the
designated testing service, shall result in the forfeiture of
the examination fee.
(c) If an applicant fails to pass an examination for
licensure under this Act within 3 years after filing his
application, the application shall be denied. However, such
applicant may thereafter make a new application for examination

09900HB1424sam002 - 58 - LRB099 06559 MLM 35504 a
accompanied by the required fee.
(d) An individual applying on the basis of endorsement or
restoration of licensure has 3 years from the date of
application to complete the application process. If the process
has not been completed in 3 years, the application shall be
denied, the fee forfeited. The applicant may reapply, but shall
meet the requirements in effect at the time of reapplication.
(e) An applicant has one year from the date of notification
of successful completion of the examination to apply to the
Department for a license. If an applicant fails to apply within
one year the applicant shall be required to take and pass the
examination again.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 410/4-7) (from Ch. 111, par. 1704-7)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4-7. Refusal, suspension and revocation of licenses;
causes; disciplinary action.
(1) The Department may refuse to issue or renew, and may
suspend, revoke, place on probation, reprimand or take any
other disciplinary or non-disciplinary action as the
Department may deem proper, including civil penalties not to
exceed $500 for each violation, with regard to any license for
any one, or any combination, of the following causes:
a. Conviction of any crime under the laws of the United
States or any state or territory thereof that is (i) a

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felony, (ii) a misdemeanor, an essential element of which
is dishonesty, or (iii) a crime which is related to the
practice of the profession.
b. Conviction of any of the violations listed in
Section 4-20.
c. Material misstatement in furnishing information to
the Department.
d. Making any misrepresentation for the purpose of
obtaining a license or violating any provision of this Act
or its rules.
e. Aiding or assisting another person in violating any
provision of this Act or its rules.
f. Failing, within 60 days, to provide information in
response to a written request made by the Department.
g. Discipline by another state, territory, or country
if at least one of the grounds for the discipline is the
same as or substantially equivalent to those set forth in
this Act.
h. Practice in the barber, nail technology, esthetics,
hair braiding, or cosmetology profession, or an attempt to
practice in those professions, by fraudulent
misrepresentation.
i. Gross malpractice or gross incompetency.
j. Continued practice by a person knowingly having an
infectious or contagious disease.
k. Solicitation of professional services by using

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false or misleading advertising.
l. A finding by the Department that the licensee, after
having his or her license placed on probationary status,
has violated the terms of probation.
m. Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership or association
any fee, commission, rebate, or other form of compensation
for any professional services not actually or personally
rendered.
n. Violating any of the provisions of this Act or rules
adopted pursuant to this Act.
o. Willfully making or filing false records or reports
relating to a licensee's practice, including but not
limited to, false records filed with State agencies or
departments.
p. Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in the inability to practice with reasonable
judgment, skill or safety.
q. Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public as may be defined by rules of
the Department, or violating the rules of professional
conduct which may be adopted by the Department.
r. Permitting any person to use for any unlawful or
fraudulent purpose one's diploma or license or certificate

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of registration as a cosmetologist, nail technician,
esthetician, hair braider, or barber or cosmetology, nail
technology, esthetics, hair braiding, or barber teacher or
salon or shop or cosmetology clinic teacher.
s. Being named as a perpetrator in an indicated report
by the Department of Children and Family Services under the
Abused and Neglected Child Reporting Act and upon proof by
clear and convincing evidence that the licensee has caused
a child to be an abused child or neglected child as defined
in the Abused and Neglected Child Reporting Act.
t. Operating a salon or shop without a valid
registration.
u. Failure to complete required continuing education
hours.
(2) In rendering an order, the Secretary shall take into
consideration the facts and circumstances involving the type of
acts or omissions in paragraph (1) of this Section including,
but not limited to:
(a) the extent to which public confidence in the
cosmetology, nail technology, esthetics, hair braiding, or
barbering profession was, might have been, or may be,
injured;
(b) the degree of trust and dependence among the
involved parties;
(c) the character and degree of harm which did result
or might have resulted;

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(d) the intent or mental state of the licensee at the
time of the acts or omissions.
(3) The Department may shall reissue the license or
registration upon certification by the Board that the
disciplined licensee or registrant has complied with all of the
terms and conditions set forth in the final order or has been
sufficiently rehabilitated to warrant the public trust.
(4) The Department shall refuse to issue or renew or
suspend without hearing the license or certificate of
registration of any person who fails to file a return, or to
pay the tax, penalty or interest shown in a filed return, or to
pay any final assessment of tax, penalty or interest, as
required by any tax Act administered by the Illinois Department
of Revenue, until such time as the requirements of any such tax
Act are satisfied as determined by the Department of Revenue.
(5) The Department shall deny without hearing any
application for a license or renewal of a license under this
Act by a person who has defaulted on an educational loan
guaranteed by the Illinois Student Assistance Commission;
however, the Department may issue or renew a license if the
person in default has established a satisfactory repayment
record as determined by the Illinois Student Assistance
Commission.
(6) All fines imposed under this Section shall be paid
within 60 days after the effective date of the order imposing
the fine or in accordance with the terms set forth in the order

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imposing the fine.
(Source: P.A. 98-911, eff. 1-1-15.)
(225 ILCS 410/4-9) (from Ch. 111, par. 1704-9)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4-9. Practice without a license or after suspension or
revocation thereof.
(a) If any person violates the provisions of this Act, the
Secretary may, in the name of the People of the State of
Illinois, through the Attorney General of the State of
Illinois, petition, for an order enjoining such violation or
for an order enforcing compliance with this Act. Upon the
filing of a verified petition in such court, the court may
issue a temporary restraining order, without notice or bond,
and may preliminarily and permanently enjoin such violation,
and if it is established that such person has violated or is
violating the injunction, the Court may punish the offender for
contempt of court. Proceedings under this Section shall be in
addition to, and not in lieu of, all other remedies and
penalties provided by this Act.
(b) If any person shall practice as a barber,
cosmetologist, nail technician, hair braider, or esthetician,
or teacher thereof or cosmetology clinic teacher or hold
himself or herself out as such without being licensed under the
provisions of this Act, any licensee, any interested party, or
any person injured thereby may, in addition to the Secretary,

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petition for relief as provided in subsection (a) of this
Section.
(c) Whenever in the opinion of the Department any person,
firm, corporation, or other legal entity has violated violates
any provision of Sections 1-7 or 3D-5 of this Act, the
Department may issue a rule to show cause why an order to cease
and desist should not be entered against that person, firm,
corporation, or legal entity him. The rule shall clearly set
forth the grounds relied upon by the Department and shall
provide a period of 7 days from the date of the rule to file an
answer to the satisfaction of the Department. Failure to answer
to the satisfaction of the Department shall cause an order to
cease and desist to be issued immediately.
(Source: P.A. 98-911, eff. 1-1-15.)
(225 ILCS 410/4-10) (from Ch. 111, par. 1704-10)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4-10. Refusal, suspension and revocation of licenses;
investigations and hearing. The Department may upon its own
motion and shall, upon the verified complaint in writing of any
person setting forth the facts which if proven would constitute
grounds for disciplinary action as set forth in Section 4-7,
investigate the actions of any person holding or claiming to
hold a license. The Department shall, at least 30 days prior to
the date set for the hearing, notify in writing the applicant
or the holder of that license of any charges made and shall

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afford the accused person an opportunity to be heard in person
or by counsel in reference thereto. The Department shall direct
the applicant or licensee to file a written answer to the Board
under oath within 20 days after the service of the notice and
inform the applicant or licensee that failure to file an answer
will result in default being taken against the applicant or
licensee and that the license may be suspended, revoked, placed
on probationary status, or other disciplinary action may be
taken, including limiting the scope, nature or extent of
practice, as the Secretary may deem proper. The written notice
may be served by the delivery of the notice personally to the
accused person, or by mailing the notice by registered or
certified mail to the address of record place of business last
specified by the accused person in his last notification to the
Department. In case the person fails to file an answer after
receiving notice, his or her license or certificate may, in the
discretion of the Department be suspended, revoked, or placed
on probationary status, or the Department, may take whatever
disciplinary action deemed proper, including limiting the
scope, nature, or extent of the person's practice or the
imposition of a fine, without a hearing, if the act or acts
charged constitute sufficient grounds for such action under
this Act. At the time and place fixed in the notice, the Board
shall proceed to hearing of the charges and the accused person
shall be accorded ample opportunity to present in person or by
counsel, any statements, testimony, evidence and arguments as

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may be pertinent to the charges or their defense. The Board may
continue a hearing from time to time.
(Source: P.A. 98-911, eff. 1-1-15.)
(225 ILCS 410/4-13) (from Ch. 111, par. 1704-13)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4-13. Attendance of witnesses and production of
documents. Any circuit court or any judge thereof, upon the
application of the accused person or complainant or of the
Department, may by order duly entered, require the attendance
of witnesses and the production of relevant books and papers
before the Department in any hearing relative to the
application for or refusal, recall, suspension or revocation of
license, and the court or judge may compel obedience to its or
his order by proceedings for contempt.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 410/4-14) (from Ch. 111, par. 1704-14)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4-14. Report of Board; rehearing. The Board shall
present to the Secretary its written report of its findings and
recommendations. A copy of such report shall be served upon the
accused person, either personally or by registered mail as
provided in this Section for the service of the notice
citation. Within 20 days after such service, said accused
person may present to the Department his or her motion in

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writing for rehearing, which written motion shall specify the
particular grounds therefor. If said accused person shall order
and pay for a transcript of the record as provided in this
Section, the time elapsing thereafter and before such
transcript is ready for delivery to him or her shall not be
counted as part of such 20 days. Whenever the Secretary is
satisfied that substantial justice has not been done, he or she
may order a re-hearing by the same or a special committee. At
the expiration of the time specified for filing a motion or a
rehearing the Secretary shall have the right to take the action
recommended by the Board. Upon the suspension or revocation of
his or her license a licensee shall be required to surrender
his or her license to the Department, and upon his or her
failure or refusal so to do, the Department shall have the
right to seize the same.
(Source: P.A. 98-911, eff. 1-1-15.)
(225 ILCS 410/4-15) (from Ch. 111, par. 1704-15)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4-15. Hearing officer. Notwithstanding the
provisions of Section 4-10, the Secretary shall have the
authority to appoint any attorney duly licensed to practice law
in the State of Illinois to serve as the hearing officer in any
action for refusal to issue or renew, or discipline of a
license. The hearing officer shall have full authority to
conduct the hearing. The hearing officer shall report his or

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her findings and recommendations to the Board and the
Secretary. The Board shall have 60 days from receipt of the
report to review the report of the hearing officer and present
their findings of fact, conclusions of law, and recommendations
to the Secretary. If the Board fails to present its report
within the 60 day period, then the Secretary shall issue an
order based on the report of the hearing officer. If the
Secretary disagrees in any regard with determines that the
Board's report is contrary to the manifest weight of the
evidence, then he or she may issue an order in contravention of
the Board's report.
(Source: P.A. 98-911, eff. 1-1-15.)
(225 ILCS 410/4-16) (from Ch. 111, par. 1704-16)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4-16. Order or certified copy; prima facie proof. An
order of revocation or suspension or placing a license on
probationary status or other disciplinary action as the
Department may consider proper or a certified copy thereof,
over the seal of the Department and purporting to be signed by
the Secretary, shall be prima facie proof that:
1. the signature is the genuine signature of the
Secretary;
2. the Secretary is duly appointed and qualified; and
3. the Board and the members thereof are qualified to
act.

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Such proof may be rebutted.
(Source: P.A. 98-911, eff. 1-1-15.)
(225 ILCS 410/4-17) (from Ch. 111, par. 1704-17)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4-17. Restoration of license. At any time after the
successful completion of a term of suspension or revocation of
a license, the Department may restore it to the licensee, upon
the written recommendation of the Board, unless the Board
determines after an investigation and a hearing that
restoration is not in the public interest.
(Source: P.A. 98-911, eff. 1-1-15.)
(225 ILCS 410/4-18.5 new)
Sec. 4-18.5. Citations.
(a) The Department shall adopt rules to permit the issuance
of citations for unlicensed practice, practice on an expired
license, failure to register a salon or shop, operating a salon
or shop on an expired registration, aiding and abetting
unlicensed practice, failure to display a license as required
by this Act, or any violation of sanitary rules. The citation
shall be issued to the licensee or other person alleged to have
committed one or more of the preceding violations and shall
contain the licensee's or other person's name and address, the
licensee's license number, if any, a brief factual statement,
the Sections of this Act or the rules allegedly violated, and

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the penalty imposed, which shall not exceed $500. The citation
must clearly state that if the cited person wishes to dispute
the citation, he or she may request in writing, within 30 days
after the citation is served, a hearing before the Department.
If the cited person does not request a hearing within 30 days
after the citation is served, then the citation shall become a
final order and shall constitute discipline and any fine
imposed is due and payable. If the cited person requests a
hearing within 30 days after the citation is served, the
Department shall afford the cited person a hearing conducted in
the same manner as a hearing provided in this Act for any
violation of this Act and shall determine whether the cited
person committed the violation as charged whether the fine as
levied is warranted. No fine shall be increased but may be
reduced. If the violation is found, any fine shall be due and
payable within 30 days of the order of the Secretary. Failure
to comply with any final order may subject the licensee or
unlicensed person to further discipline or other action by the
Department or a referral to the State's Attorney.
(b) A citation must be issued within 6 months after the
reporting of a violation that is the basis for the citation.
(c) Service of a citation shall be made by personal service
or certified mail to the licensee at the licensee's address of
record or to an unlicensed person at his or her last known
address.
(d) Nothing in this Section shall prohibit or limit the

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Department from taking further action pursuant to this Act and
rules for additional, repeated, or continuing violations.
(225 ILCS 410/4-25 new)
Sec. 4-25. Disposition by consent order. At any point in
any investigation or disciplinary proceeding provided for in
this Act, both parties may agree to a negotiated consent order.
The consent order shall be final upon signature of the
Secretary.
(225 ILCS 410/1-9 rep.)
(225 ILCS 410/2-4a rep.)
(225 ILCS 410/3-8 rep.)
(225 ILCS 410/3A-7 rep.)
(225 ILCS 410/3C-9 rep.)
(225 ILCS 410/3E-4 rep.)
(225 ILCS 410/4-4a rep.)
(225 ILCS 410/4-18 rep.)
(225 ILCS 410/4-23 rep.)
Section 15. The Barber, Cosmetology, Esthetics, Hair
Braiding, and Nail Technology Act of 1985 is amended by
repealing Sections 1-9, 2-4a, 3-8, 3A-7, 3C-9, 3E-4, 4-4a,
4-18, and 4-23.
Section 99. Effective date. This Act takes effect upon
becoming law.".