Bill Amendment: IL HB2538 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: GENERAL CONTRACTORS-TECH
Status: 2022-03-04 - House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB2538 Detail]
Download: Illinois-2021-HB2538-House_Amendment_001.html
Bill Title: GENERAL CONTRACTORS-TECH
Status: 2022-03-04 - House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB2538 Detail]
Download: Illinois-2021-HB2538-House_Amendment_001.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 2538
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 2538 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | General Contractors Licensing Act.
| ||||||
6 | Section 5. Legislative intent. The intent of the General | ||||||
7 | Assembly in enacting this Act is to evaluate the competency of | ||||||
8 | persons engaged in general contracting and to license and | ||||||
9 | regulate those persons for the protection of the public.
| ||||||
10 | Section 10. Definitions. As used in this Act: | ||||||
11 | "Address of record" means the designated address recorded | ||||||
12 | by the Department in the applicant's application file or | ||||||
13 | licensee's licensure file as maintained by the Department. | ||||||
14 | "Board" means the General Contractor Board. | ||||||
15 | "Department" means the Department of Financial and |
| |||||||
| |||||||
1 | Professional Regulation. | ||||||
2 | "Email address of record" means the designated email | ||||||
3 | address of record by the Department in the applicant's | ||||||
4 | application file or licensee's licensure file as maintained by | ||||||
5 | the Department. | ||||||
6 | "General contracting" means (i) any activity requiring a | ||||||
7 | license under this Act; (ii) any conduct regulated by this | ||||||
8 | Act; (iii) any activity requiring a county or municipal | ||||||
9 | building permit; or (iv) any duty or other requirement imposed | ||||||
10 | by this Act. | ||||||
11 | "General contractor" means any person who, as an | ||||||
12 | investment or for compensation or with the intent to sell or to | ||||||
13 | lease: (i) arranges or submits a bid or offers to undertake or | ||||||
14 | purports to have the capacity to undertake or undertakes, | ||||||
15 | through himself, herself, or others, to erect, construct, | ||||||
16 | alter, repair, move, install, replace, convert, remodel, | ||||||
17 | rehabilitate, modernize, improve, or make additions to any | ||||||
18 | building or to any appurtenance thereto attached to real | ||||||
19 | estate and located on the same lot as the building, including, | ||||||
20 | but not limited to, driveways, swimming pools, porches, decks, | ||||||
21 | garages, fences, fallout shelters, and other accessory objects | ||||||
22 | or uses; (ii) retains for himself or herself control over the | ||||||
23 | means, method, and manner of accomplishing the desired result; | ||||||
24 | and (iii) whose business operations, in whole or in part, | ||||||
25 | require the hiring or supervision of one or more persons from | ||||||
26 | any building trade or craft, including, but not limited to, |
| |||||||
| |||||||
1 | plumbing, masonry, electrical, heating, air conditioning, or | ||||||
2 | carpentry. "General contractor" includes developers of | ||||||
3 | conversion condominiums as defined in the Condominium Property | ||||||
4 | Act. | ||||||
5 | "Licensee" means any person licensed under this Act. | ||||||
6 | "Secretary" means the Secretary of Financial and | ||||||
7 | Professional Regulation or his or her designee, including, but | ||||||
8 | not limited to, the Director of Professional Regulation.
| ||||||
9 | Section 15. Title. | ||||||
10 | (a) No person shall use the title "general contractor" | ||||||
11 | without being so licensed by the Department. | ||||||
12 | (b) Nothing in this Act shall be construed as preventing | ||||||
13 | or restricting the offering, advertising, or providing of | ||||||
14 | services defined as general contracting under this Act by an | ||||||
15 | individual not licensed under this Act.
| ||||||
16 | Section 20. Display of license. Every holder of a general | ||||||
17 | contractor license shall display a copy of his or her license | ||||||
18 | in a conspicuous place in his or her principal office or place | ||||||
19 | of business and at each site at which the licensee is engaged | ||||||
20 | in general contracting.
| ||||||
21 | Section 25. Address of record; email address of record. | ||||||
22 | All applicants and licensees shall: | ||||||
23 | (1) provide a valid address and email address to the
|
| |||||||
| |||||||
1 | Department, which shall serve as the address of record and | ||||||
2 | email address of record, respectively, at the time of | ||||||
3 | application for licensure or renewal of licensure; and | ||||||
4 | (2) inform the Department of any change of address of
| ||||||
5 | record or email address of record within 14 days after such | ||||||
6 | change either through the Department's website or by | ||||||
7 | contacting the Department.
| ||||||
8 | Section 30. General Contractor Board.
| ||||||
9 | (a) Within 90 days after the effective date of this Act, | ||||||
10 | the Secretary shall appoint a General Contractor Board | ||||||
11 | consisting of 9 members. Seven members shall be licensed | ||||||
12 | general contractors, with initial appointees meeting the | ||||||
13 | qualifications for licensure set forth in this Act as | ||||||
14 | determined by the Department. Of the general contractors, 3 | ||||||
15 | shall be residents of Chicago and 4 shall be residents of other | ||||||
16 | parts of the State. In addition to the 7 general contractors, | ||||||
17 | there shall be 2 public members of the Board. The public | ||||||
18 | members shall be voting members and shall not be licensed | ||||||
19 | under this Act or any other design and construction profession | ||||||
20 | licensing Act that the Department administers.
| ||||||
21 | (b) Board members shall serve 4-year terms, except that in | ||||||
22 | the case of initial appointments, terms shall be staggered as | ||||||
23 | follows: 2 members shall serve for 4 years, 3 members shall | ||||||
24 | serve for 3 years, and 4 members shall serve for 2 years. The | ||||||
25 | Board shall annually elect a chairperson and vice chairperson. |
| |||||||
| |||||||
1 | All board members must be residents of this State.
| ||||||
2 | (c) Appointments to fill vacancies shall be made in the | ||||||
3 | same manner as initial appointments.
| ||||||
4 | (d) A majority of members of the Board shall constitute a | ||||||
5 | quorum. A quorum is required for Board decisions.
| ||||||
6 | (e) Members of the Board shall serve without compensation, | ||||||
7 | but may, at the discretion of the Department, be reimbursed | ||||||
8 | for expenses incurred in performing their duties.
| ||||||
9 | Section 35. Powers and duties of the Board. | ||||||
10 | (a) The Board shall hold at least one meeting each year, | ||||||
11 | conducted in accordance with the Open Meetings Act. | ||||||
12 | (b) The Board shall annually elect a chairperson and a | ||||||
13 | vice chairperson who shall be general contractors. | ||||||
14 | (c) The Department may, at any time, seek the expert | ||||||
15 | advice and knowledge of the Board on any matter relating to the | ||||||
16 | enforcement of this Act, including qualifications of | ||||||
17 | applicants for licensure.
| ||||||
18 | Section 40. Powers and duties of the Department. The | ||||||
19 | Department shall exercise, subject to the provisions of this | ||||||
20 | Act, the following functions, powers, and duties: | ||||||
21 | (1) Authorize examinations to ascertain the fitness | ||||||
22 | and qualifications of applicants for licensure and pass | ||||||
23 | upon the qualifications and fitness of applicants for | ||||||
24 | licensure by endorsement. |
| |||||||
| |||||||
1 | (2) Adopt rules and regulations required for the
| ||||||
2 | administration of this Act. | ||||||
3 | (3) Conduct hearings on proceedings to refuse to
| ||||||
4 | issue, renew, or restore licensure; to revoke or suspend | ||||||
5 | licensure; or to place on probation or reprimand persons | ||||||
6 | licensed under this Act. | ||||||
7 | (4) Adopt rules to establish what constitutes an
| ||||||
8 | approved general contractor education program. | ||||||
9 | (5) Issue licenses to those who meet the requirements | ||||||
10 | of this Act. | ||||||
11 | (6) Conduct investigations related to possible | ||||||
12 | violations of this Act.
| ||||||
13 | Section 45. Application for licensure. | ||||||
14 | (a) Applications for licensure shall be made to the | ||||||
15 | Department in writing on forms or electronically as prescribed | ||||||
16 | by the Department and shall be accompanied by the required | ||||||
17 | fee, which shall not be refundable. All applications shall | ||||||
18 | contain information that, in the judgment of the Department, | ||||||
19 | enables the Department to pass on the qualifications of the | ||||||
20 | applicant for licensure as a general contractor. | ||||||
21 | (b) Applicants have 3 years from the date of application | ||||||
22 | to complete the application process. If the process has not | ||||||
23 | been completed in 3 years, the application shall be denied, | ||||||
24 | the fee shall be forfeited, and the applicant must reapply and | ||||||
25 | meet the requirements in effect at the time of reapplication. |
| |||||||
| |||||||
1 | (c) Applicants must provide evidence that they have | ||||||
2 | completed at least 12 hours in an approved course in dwelling | ||||||
3 | construction within one year prior to the date of application. | ||||||
4 | The course shall include instruction in at least the following | ||||||
5 | subject matter and one or more tests on at least the following | ||||||
6 | subject matter:
| ||||||
7 | (1) construction laws;
| ||||||
8 | (2) construction codes; | ||||||
9 | (3) construction business practices;
| ||||||
10 | (4) prevention of wage theft; and | ||||||
11 | (5) selection of subcontractors.
| ||||||
12 | Section 50. License classifications.
| ||||||
13 | (a) General contractor licenses shall be divided into | ||||||
14 | classifications depending on the cost of the work as follows:
| ||||||
15 | (1) Class A. The holder of a Class A license is subject | ||||||
16 | to no limitation as to the value of any single contract | ||||||
17 | project. The license fee for a Class A license is $2,000 | ||||||
18 | annually.
| ||||||
19 | (2) Class B. The holder of a Class B license is not | ||||||
20 | entitled to engage in the construction of any single | ||||||
21 | contract project of a value in excess of $10,000,000. The | ||||||
22 | license fee for a Class B license is $1,000 annually.
| ||||||
23 | (3) Class C. The holder of a Class C license is not | ||||||
24 | entitled to engage in the construction of any single | ||||||
25 | contract project of a value in excess of $5,000,000. The |
| |||||||
| |||||||
1 | license fee for a Class C license is $750 annually.
| ||||||
2 | (4) Class D. The holder of a Class D license is not | ||||||
3 | entitled to engage in the construction of any single | ||||||
4 | contract project of a value in excess of $2,000,000. The | ||||||
5 | license fee for a Class D license is $500 annually.
| ||||||
6 | (5) Class E. The holder of a Class E license is not | ||||||
7 | entitled to engage in the construction of any single | ||||||
8 | contract project of a value in excess of $500,000. The | ||||||
9 | license fee for a Class E license is $300 annually.
| ||||||
10 | (b) General contractors must be licensed to perform work | ||||||
11 | for a third party on private and commercial structures. | ||||||
12 | Subcontractors working under the supervision of a licensed | ||||||
13 | general contractor are not required to be licensed under this | ||||||
14 | Act.
| ||||||
15 | Section 55. Licensure; renewal; and restoration. | ||||||
16 | (a) The expiration date and renewal period for each | ||||||
17 | license issued under this Act shall be established by rule. A | ||||||
18 | licensee may renew a license during the 2 months preceding its | ||||||
19 | expiration date by paying the required fee. | ||||||
20 | (b) A general contractor who has permitted his or her | ||||||
21 | license to expire or has had his or her license placed on | ||||||
22 | inactive status may have his or her license restored by making | ||||||
23 | application to the Department and filing proof acceptable to | ||||||
24 | the Department of his or her fitness to have his or her license | ||||||
25 | restored, including, but not limited to, sworn evidence |
| |||||||
| |||||||
1 | certifying active lawful practice in another jurisdiction | ||||||
2 | satisfactory to the Department and by paying the required fee | ||||||
3 | as determined by rule. | ||||||
4 | (c) A licensed general contractor whose license expired | ||||||
5 | while engaged (1) in federal service on active duty with the | ||||||
6 | Armed Forces of the United States or the State Militia called | ||||||
7 | into service or training or (2) in training or education under | ||||||
8 | the supervision of the United States preliminary to induction | ||||||
9 | into the military service, may have a license restored or | ||||||
10 | reinstated without paying any lapsed reinstatement, renewal, | ||||||
11 | or restoration fees if within 2 years after termination other | ||||||
12 | than by dishonorable discharge of such service, training, or | ||||||
13 | education, the Department is furnished with satisfactory | ||||||
14 | evidence that the licensee has been so engaged in the practice | ||||||
15 | of general contracting and that such service, training, or | ||||||
16 | education has been so terminated.
| ||||||
17 | Section 60. Inactive status. | ||||||
18 | (a) A person licensed under this Act who notifies the | ||||||
19 | Department in writing on forms or electronically as prescribed | ||||||
20 | by the Department may elect to place his or her license on | ||||||
21 | inactive status and shall, subject to rules of the Department, | ||||||
22 | be excused from payment of renewal fees until he or she | ||||||
23 | notifies the Department in writing on forms or electronically | ||||||
24 | as prescribed by the Department of his or her desire to resume | ||||||
25 | active status. |
| |||||||
| |||||||
1 | (b) Any licensee whose license is on inactive status shall | ||||||
2 | not use the title "licensed general contractor" or "general | ||||||
3 | contractor" in the State of Illinois. | ||||||
4 | (c) Any licensee who uses the title "licensed general | ||||||
5 | contractor" or "general contractor" while his or her license | ||||||
6 | is inactive shall be considered to be using the title without a | ||||||
7 | license, which shall be grounds for discipline under this Act.
| ||||||
8 | Section 65. Fees. The Department shall establish by rule a | ||||||
9 | schedule of fees for the administration and maintenance of | ||||||
10 | this Act. These fees are not refundable.
| ||||||
11 | Section 70. Disposition of funds. All of the fees | ||||||
12 | collected as authorized under this Act shall be deposited into | ||||||
13 | the General Professions Dedicated Fund. The moneys deposited | ||||||
14 | into the General Professions Dedicated Fund may be used for | ||||||
15 | the expenses of the Department in the administration of this | ||||||
16 | Act. Moneys from the Fund may also be used for direct and | ||||||
17 | allocable indirect costs related to the public purposes of the | ||||||
18 | Department of Financial and Professional Regulation. Moneys in | ||||||
19 | the Fund may be transferred to the Professions Indirect Cost | ||||||
20 | Fund as authorized by Section 2105-300 of the Department of | ||||||
21 | Professional Regulation Law.
| ||||||
22 | Section 75. Advertising. Any person licensed under this | ||||||
23 | Act may advertise the availability of professional services in |
| |||||||
| |||||||
1 | the public media or on the premises where such professional | ||||||
2 | services are rendered provided that the advertising is | ||||||
3 | truthful and not misleading.
| ||||||
4 | Section 80. Insurance. A licensee shall carry and provide | ||||||
5 | proof of a valid liability insurance policy insuring the | ||||||
6 | licensee against bodily injury and property damage arising out | ||||||
7 | of or in connection with general contracting. The Department | ||||||
8 | shall establish the required insurance policy amounts by rule.
| ||||||
9 | Section 85. Listing. The Secretary of State shall maintain | ||||||
10 | and make available to the public a list of licensed general | ||||||
11 | contractors, including their license type, company name, | ||||||
12 | address, phone number, license expiration date, primary | ||||||
13 | insurance expiration date, and secondary insurance expiration | ||||||
14 | date, if applicable.
| ||||||
15 | Section 90. Violation; injunction; cease and desist order. | ||||||
16 | (a) If any person violates this Act, the Secretary may, in | ||||||
17 | the name of the People of the State of Illinois, through the | ||||||
18 | Attorney General of the State of Illinois or the State's | ||||||
19 | Attorney of any county in which the action is brought, | ||||||
20 | petition for an order enjoining such violation and for an | ||||||
21 | order enforcing compliance with this Act. Upon the filing of a | ||||||
22 | verified petition in court, the court may issue a temporary | ||||||
23 | restraining order, without notice or bond, and may |
| |||||||
| |||||||
1 | preliminarily and permanently enjoin such violation. If it is | ||||||
2 | established that such person has violated or is violating the | ||||||
3 | injunction, the court may punish the offender for contempt of | ||||||
4 | court. Proceedings under this Section shall be in addition to, | ||||||
5 | and not in lieu of, all other remedies and penalties provided | ||||||
6 | by this Act. | ||||||
7 | (b) Whoever holds himself or herself out as a "licensed | ||||||
8 | general contractor", "general contractor", or any other name | ||||||
9 | or designation that would in any way imply that he or she is | ||||||
10 | able to use the title "licensed general contractor" or | ||||||
11 | "general contractor" without being licensed under this Act | ||||||
12 | shall be guilty of a Class A misdemeanor, and for each | ||||||
13 | subsequent conviction shall be guilty of a Class 4 felony.
| ||||||
14 | Section 95. Grounds for disciplinary action. | ||||||
15 | (a) The Department may refuse to issue or to renew a | ||||||
16 | license, or may revoke, suspend, place on probation, | ||||||
17 | reprimand, or take other disciplinary or nondisciplinary | ||||||
18 | action the Department may deem proper, including fines not to | ||||||
19 | exceed $10,000 for each violation, with regard to any license | ||||||
20 | issued under this Act, for any one or combination of the | ||||||
21 | following reasons: | ||||||
22 | (1) Material misstatement in furnishing information. | ||||||
23 | (2) Negligent or intentional disregard of this Act or
| ||||||
24 | rules adopted under this Act.
| ||||||
25 | (3) Conviction of or plea of guilty or nolo
|
| |||||||
| |||||||
1 | contendere, finding of guilt, jury verdict, or entry of | ||||||
2 | judgment or sentencing, including, but not limited to, | ||||||
3 | convictions, preceding sentences of supervision, | ||||||
4 | conditional discharge, or first offender probation under | ||||||
5 | the laws of any jurisdiction of the United States that is | ||||||
6 | (i) a felony, (ii) a misdemeanor, an essential element of | ||||||
7 | which is dishonesty, or (iii) any crime that is directly | ||||||
8 | related to the practice of general contracting. | ||||||
9 | (4) Making any misrepresentations for the purpose of
| ||||||
10 | obtaining a license. | ||||||
11 | (5) Professional incompetence or gross negligence in
| ||||||
12 | the rendering of general contracting services. | ||||||
13 | (6) Aiding or assisting another person in violating
| ||||||
14 | any provision of this Act or any rules issued pursuant to | ||||||
15 | this Act. | ||||||
16 | (7) Failing to provide information within 60 days in
| ||||||
17 | response to a written request made by the Department. | ||||||
18 | (8) Engaging in dishonorable, unethical, or
| ||||||
19 | unprofessional conduct of a character likely to deceive, | ||||||
20 | defraud, or harm the public. | ||||||
21 | (9) Habitual or excessive use or abuse of drugs
| ||||||
22 | defined by law as controlled substances, alcohol, | ||||||
23 | narcotics, stimulants, or any other substances that | ||||||
24 | results in the inability to practice with reasonable | ||||||
25 | judgment, skill, or safety. | ||||||
26 | (10) Discipline by another jurisdiction, if at least
|
| |||||||
| |||||||
1 | one of the grounds for the discipline is the same or | ||||||
2 | substantially equivalent to those set forth in this | ||||||
3 | Section. | ||||||
4 | (11) Directly or indirectly giving to or receiving
| ||||||
5 | from any person, firm, corporation, partnership, or | ||||||
6 | association any fee, commission, rebate, or other form of | ||||||
7 | compensation for any professional service not actually | ||||||
8 | rendered. | ||||||
9 | (12) A finding by the Department that the licensee,
| ||||||
10 | after having the license placed on probationary status, | ||||||
11 | has violated or failed to comply with the terms of | ||||||
12 | probation. | ||||||
13 | (13) A finding by the Department that the licensee
has | ||||||
14 | failed to pay a fine imposed by the Department. | ||||||
15 | (14) Being named as a perpetrator in an indicated
| ||||||
16 | report by the Department of Children and Family Services | ||||||
17 | under the Abused and Neglected Child Reporting Act, and | ||||||
18 | upon proof by clear and convincing evidence that the | ||||||
19 | licensee has caused a child to be an abused child or | ||||||
20 | neglected child as defined in the Abused and Neglected | ||||||
21 | Child Reporting Act. | ||||||
22 | (15) Solicitation of professional services by using
| ||||||
23 | false or misleading advertising. | ||||||
24 | (16) Inability to practice the profession with
| ||||||
25 | reasonable judgment, skill, or safety as a result of | ||||||
26 | physical illness, including, but not limited to, |
| |||||||
| |||||||
1 | deterioration through the aging process, loss of motor | ||||||
2 | skill, mental illness, or disability. | ||||||
3 | (17) Using or attempting to use an expired, inactive,
| ||||||
4 | suspended, or revoked license, or impersonating another | ||||||
5 | licensee. | ||||||
6 | (b) The Department may refuse to issue or may suspend the | ||||||
7 | license of any person who fails to file a return, fails to pay | ||||||
8 | the tax, penalty, or interest showing in a filed return, or | ||||||
9 | fails to pay any final assessment of tax, penalty, or | ||||||
10 | interest, as required by any tax Act administered by the | ||||||
11 | Department of Revenue, until the requirements of any such tax | ||||||
12 | Act are satisfied. | ||||||
13 | (c) The entry of a decree by any circuit court | ||||||
14 | establishing that any person holding a license under this Act | ||||||
15 | is a person subject to involuntary admission under the Mental | ||||||
16 | Health and Developmental Disabilities Code shall operate as a | ||||||
17 | suspension of that license. That person may resume using the | ||||||
18 | title "licensed general contractor" or "general contractor" | ||||||
19 | only upon a finding by the Department that he or she has been | ||||||
20 | determined to be no longer subject to involuntary admission by | ||||||
21 | the court and meeting the requirements for restoration as | ||||||
22 | required by this Act and its rules. | ||||||
23 | (d) The Department may temporarily suspend a license if | ||||||
24 | the licensee is found to be engaging in a pattern of | ||||||
25 | substantial code violations as determined by the Department. | ||||||
26 | (e) If the Department has cause to believe that a licensee |
| |||||||
| |||||||
1 | is insolvent, including on the basis of public complaints, the | ||||||
2 | Department may review the financial books and records of the | ||||||
3 | licensee.
| ||||||
4 | (f) The Department shall not issue a license to an | ||||||
5 | applicant whose license was revoked for any cause within the | ||||||
6 | preceding 4 years.
| ||||||
7 | Section 100. Investigation; notice and hearing. | ||||||
8 | (a) The Department may investigate the actions of any | ||||||
9 | applicant or of any person holding or claiming to hold a | ||||||
10 | license under this Act. | ||||||
11 | (b) The Department shall, before disciplining an applicant | ||||||
12 | or licensee, at least 30 days prior to the date set for the | ||||||
13 | hearing, (i) notify in writing the applicant or licensee of | ||||||
14 | the charges made and the time and place for the hearing on the | ||||||
15 | charges, (ii) direct the applicant or licensee to file a | ||||||
16 | written answer to the charges under oath within 20 days after | ||||||
17 | the service of the notice, and (iii) inform the licensee or | ||||||
18 | licensee that failure to file a written answer to the charges | ||||||
19 | will result in a default judgment being entered against the | ||||||
20 | applicant or licensee. | ||||||
21 | (c) Written or electronic notice, and any notice in the | ||||||
22 | subsequent proceeding, may be served by personal delivery, by | ||||||
23 | email, or by mail to the applicant or licensee at his or her | ||||||
24 | address of record or email address of record. | ||||||
25 | (d) At the time and place fixed in the notice, the hearing |
| |||||||
| |||||||
1 | officer appointed by the Secretary shall proceed to hear the | ||||||
2 | charges and the parties or their counsel shall be accorded | ||||||
3 | ample opportunity to present any statement, testimony, | ||||||
4 | evidence, and argument as may be pertinent to the charges or to | ||||||
5 | their defense. The hearing officer may continue the hearing | ||||||
6 | from time to time. | ||||||
7 | (e) If the licensee or applicant, after receiving the | ||||||
8 | notice, fails to file an answer, his or her license may, in the | ||||||
9 | discretion of the Secretary, be suspended, revoked, placed on | ||||||
10 | probationary status, or be subject to whatever disciplinary | ||||||
11 | action the Secretary considers proper, including limiting the | ||||||
12 | scope, nature, or extent of the person's practice or | ||||||
13 | imposition of a fine, without hearing, if the act or acts | ||||||
14 | charged constitute sufficient grounds for such action under | ||||||
15 | this Act.
| ||||||
16 | Section 105. Record of proceedings. | ||||||
17 | (a) The Department, at its expense, shall provide a | ||||||
18 | certified shorthand reporter to take down the testimony and | ||||||
19 | preserve a record of all proceedings in which a licensee may | ||||||
20 | have their license revoked or suspended or in which the | ||||||
21 | licensee may be placed on probationary status, reprimanded, | ||||||
22 | fined, or subjected to other disciplinary action with | ||||||
23 | reference to the license when a disciplinary action is | ||||||
24 | authorized under this Act and rules issued pursuant to this | ||||||
25 | Act. The notice of hearing, complaint, and all other documents |
| |||||||
| |||||||
1 | in the nature of pleadings and written motions filed in the | ||||||
2 | proceedings, the transcript of the testimony, and the orders | ||||||
3 | of the Department shall be the record of the proceedings. The | ||||||
4 | record may be made available to any person interested in the | ||||||
5 | hearing upon payment of the fee required by Section 2105-115 | ||||||
6 | of the Department of Professional Regulation Law. | ||||||
7 | (b) The Department may contract for court reporting | ||||||
8 | services, and, if it does so, the Department shall provide the | ||||||
9 | name and contact information for the certified shorthand | ||||||
10 | reporter who transcribed the testimony at a hearing to any | ||||||
11 | person interested, who may obtain a copy of the transcript of | ||||||
12 | any proceedings at a hearing upon payment of the fee specified | ||||||
13 | by the certified shorthand reporter.
| ||||||
14 | Section 110. Compelling testimony. Any court, upon the | ||||||
15 | application of the Department, designated hearing officer, or | ||||||
16 | the applicant or licensee against whom proceedings of this Act | ||||||
17 | are pending, may enter an order requiring the attendance of | ||||||
18 | witnesses and their testimony and the production of documents, | ||||||
19 | papers, files, books, and records in connection with any | ||||||
20 | hearing or investigation. The court may compel obedience to | ||||||
21 | its order by proceedings for contempt.
| ||||||
22 | Section 115. Hearing; motion for rehearing. | ||||||
23 | (a) The hearing officer appointed by the Secretary shall | ||||||
24 | hear evidence in support of the formal charges and evidence |
| |||||||
| |||||||
1 | produced by the licensee. At the conclusion of the hearing, | ||||||
2 | the hearing officer shall present to the Secretary a written | ||||||
3 | report of his or her findings of fact, conclusions of law, and | ||||||
4 | recommendations. | ||||||
5 | (b) At the conclusion of the hearing, a copy of the hearing | ||||||
6 | officer's report shall be served upon the applicant or | ||||||
7 | licensee, either personally or as provided in this Act for the | ||||||
8 | service of the notice of hearing. Within 20 days after such | ||||||
9 | service, the applicant or licensee may present to the | ||||||
10 | Department a motion, in writing, for a rehearing which shall | ||||||
11 | specify the particular grounds for rehearing. The Department | ||||||
12 | may respond to the motion for rehearing within 20 days after | ||||||
13 | its service on the Department. If no motion for rehearing is | ||||||
14 | filed, then upon the expiration of the time specified for | ||||||
15 | filing such a motion, or upon denial of a motion for rehearing, | ||||||
16 | the Secretary may enter an order in accordance with the | ||||||
17 | recommendations of the hearing officer. If the applicant or | ||||||
18 | licensee orders from the reporting service and pays for a | ||||||
19 | transcript of the record within the time for filing a motion | ||||||
20 | for rehearing, the 20-day period within which a motion may be | ||||||
21 | filed shall commence upon delivery of the transcript to the | ||||||
22 | applicant or licensee. | ||||||
23 | (c) If the Secretary disagrees in any regard with the | ||||||
24 | report of the hearing officer, the Secretary may issue an | ||||||
25 | order contrary to the hearing officer's report. | ||||||
26 | (d) If the Secretary is not satisfied that substantial |
| |||||||
| |||||||
1 | justice has been done, the Secretary may order a hearing by the | ||||||
2 | same or another hearing officer. | ||||||
3 | (e) At any point in any investigation or disciplinary | ||||||
4 | proceeding provided for in this Act, both parties may agree to | ||||||
5 | a negotiated consent order. The consent order shall be final | ||||||
6 | upon signature of the Secretary.
| ||||||
7 | Section 120. Appointment of a hearing officer. The | ||||||
8 | Secretary has the authority to appoint an attorney licensed to | ||||||
9 | practice law in the State of Illinois to serve as the hearing | ||||||
10 | officer in any action for refusal to issue, restore, or renew a | ||||||
11 | license or to discipline an applicant or licensee. The hearing | ||||||
12 | officer shall have full authority to conduct the hearing.
| ||||||
13 | Section 125. Order or certified copy; prima facie proof. | ||||||
14 | An order or a certified copy thereof, over the seal of the | ||||||
15 | Department and purporting to be signed by the Secretary, shall | ||||||
16 | be prima facie proof that: | ||||||
17 | (1) the signature is the genuine signature of the | ||||||
18 | Secretary; and | ||||||
19 | (2) the Secretary is appointed and qualified.
| ||||||
20 | Section 130. Restoration of suspended or revoked license. | ||||||
21 | (a) At any time after the successful completion of a term | ||||||
22 | of probation, suspension, or revocation of a license under | ||||||
23 | this Act, the Department may restore it to the licensee unless |
| |||||||
| |||||||
1 | after an investigation and hearing the Department determines | ||||||
2 | that restoration is not in the public interest. | ||||||
3 | (b) If the circumstances of suspension or revocation so | ||||||
4 | indicate, the Department may require an examination of the | ||||||
5 | licensee prior to restoring his or her licensee. | ||||||
6 | (c) No person whose license has been revoked as authorized | ||||||
7 | in this Act may apply for restoration of that license until the | ||||||
8 | time provided for in the Civil Administrative Code of | ||||||
9 | Illinois. | ||||||
10 | (d) A license that has been suspended or revoked shall be | ||||||
11 | considered nonrenewed for purposes of restoration, and a | ||||||
12 | restoration of the license from suspension or revocation must | ||||||
13 | comply with the requirements for restoration as set forth in | ||||||
14 | this Act and any rules adopted pursuant to this Act.
| ||||||
15 | Section 135. Surrender of license. Upon the revocation or | ||||||
16 | suspension of any licensure, the licensee shall immediately | ||||||
17 | surrender his or her license to the Department. If the | ||||||
18 | licensee fails to do so, the Department has the right to seize | ||||||
19 | the license.
| ||||||
20 | Section 140. Administrative Review Law; venue. | ||||||
21 | (a) All final administrative decisions of the Department | ||||||
22 | are subject to judicial review under the Administrative Review | ||||||
23 | Law and its rules. The term "administrative decision" is | ||||||
24 | defined as in Section 3-101 of the Code of Civil Procedure. |
| |||||||
| |||||||
1 | (b) Proceedings for judicial review shall be commenced in | ||||||
2 | the circuit court of the county in which the party applying for | ||||||
3 | review resides, but if the party is not a resident of this | ||||||
4 | State, the venue shall be in Sangamon County. | ||||||
5 | (c) The Department shall not be required to certify any | ||||||
6 | record to the court, file any answer in court, or to otherwise | ||||||
7 | appear in any court in a judicial review proceeding, unless | ||||||
8 | and until the Department has received from the plaintiff | ||||||
9 | payment of the costs of furnishing and certifying the record, | ||||||
10 | which costs shall be determined by the Department. | ||||||
11 | (d) Failure on the part of the plaintiff to file a receipt | ||||||
12 | of the plaintiff's payment to the Department as specified in | ||||||
13 | subsection (c) of this Section in court shall be grounds for | ||||||
14 | dismissal of the action. | ||||||
15 | (e) During the pendency and hearing of any and all | ||||||
16 | judicial proceedings incident to a disciplinary action, the | ||||||
17 | sanctions imposed upon the accused by the Department shall | ||||||
18 | remain in full force and effect.
| ||||||
19 | Section 145. Confidentiality. All information collected by | ||||||
20 | the Department in the course of an examination or | ||||||
21 | investigation of a licensee or applicant, including, but not | ||||||
22 | limited to, any complaint against a licensee filed with the | ||||||
23 | Department and information collected to investigate any such | ||||||
24 | complaint, shall be maintained for the confidential use of the | ||||||
25 | Department and shall not be disclosed. The Department may not |
| |||||||
| |||||||
1 | disclose the information to anyone other than law enforcement | ||||||
2 | officials, other regulatory agencies that have an appropriate | ||||||
3 | regulatory interest as determined by the Secretary, or a party | ||||||
4 | presenting a lawful subpoena to the Department. Information | ||||||
5 | and documents disclosed to a federal, State, county, or local | ||||||
6 | law enforcement agency shall not be disclosed by the agency | ||||||
7 | for any purpose to any other agency or person. A formal | ||||||
8 | complaint filed against a licensee by the Department or any | ||||||
9 | order issued by the Department against a licensee or applicant | ||||||
10 | shall be a public record, except as otherwise prohibited by | ||||||
11 | law.
| ||||||
12 | Section 150. Illinois Administrative Procedure Act. The | ||||||
13 | Illinois Administrative Procedure Act is hereby expressly | ||||||
14 | adopted and incorporated herein as if all of the provisions of | ||||||
15 | that Act were included in this Act, except that the provision | ||||||
16 | of subsection (d) of Section 10-65 of the Illinois | ||||||
17 | Administrative Procedure Act that provides that at hearings | ||||||
18 | the licensee has the right to show compliance with all lawful | ||||||
19 | requirements for retention, continuation, or renewal of the | ||||||
20 | license is specifically excluded. The Department shall not be | ||||||
21 | required to annually verify email addresses as specified in | ||||||
22 | paragraph (2) of subsection (a) of Section 10-75 of the | ||||||
23 | Illinois Administrative Procedure Act. For the purposes of | ||||||
24 | this Act, the notice required under Section 10-25 of the | ||||||
25 | Illinois Administrative Procedure Act is deemed sufficient |
| |||||||
| |||||||
1 | when mailed to the address of record or emailed to the email | ||||||
2 | address of record.
| ||||||
3 | Section 900. The Regulatory Sunset Act is amended by | ||||||
4 | changing Section 4.38 as follows:
| ||||||
5 | (5 ILCS 80/4.38) | ||||||
6 | Sec. 4.38. Acts repealed on January 1, 2028. The following | ||||||
7 | Acts are repealed on January 1, 2028: | ||||||
8 | The Acupuncture Practice Act. | ||||||
9 | The Clinical Social Work and Social Work Practice Act. | ||||||
10 | The Home Medical Equipment and Services Provider License | ||||||
11 | Act. | ||||||
12 | The General Contractors Licensing Act. | ||||||
13 | The Illinois Petroleum Education and Marketing Act. | ||||||
14 | The Illinois Speech-Language Pathology and Audiology | ||||||
15 | Practice Act. | ||||||
16 | The Interpreter for the Deaf Licensure Act of 2007. | ||||||
17 | The Nurse Practice Act. | ||||||
18 | The Nursing Home Administrators Licensing and Disciplinary | ||||||
19 | Act. | ||||||
20 | The Physician Assistant Practice Act of 1987. | ||||||
21 | The Podiatric Medical Practice Act of 1987.
| ||||||
22 | (Source: P.A. 100-220, eff. 8-18-17; 100-375, eff. 8-25-17; | ||||||
23 | 100-398, eff. 8-25-17; 100-414, eff. 8-25-17; 100-453, eff. | ||||||
24 | 8-25-17; 100-513, eff. 9-20-17; 100-525, eff. 9-22-17; |
| |||||||
| |||||||
1 | 100-530, eff. 9-22-17; 100-560, eff. 12-8-17.)
| ||||||
2 | Section 999. Effective date. This Act takes effect upon | ||||||
3 | becoming law.".
|