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| Public Act 098-0363
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| HB0532 Enrolled | LRB098 03349 MGM 33364 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Regulatory Sunset Act is amended by changing |
Section 4.24 and by adding Section 4.34 as follows:
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(5 ILCS 80/4.24)
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Sec. 4.24. Acts and Section repealed on January 1, 2014. |
The following
Acts and Section of an Act are repealed
on |
January 1, 2014:
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The Electrologist Licensing Act.
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The Illinois Certified Shorthand Reporters Act of 1984.
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The Illinois Occupational Therapy Practice Act.
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The Illinois Public Accounting Act.
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The Private Detective, Private Alarm, Private Security, |
Fingerprint Vendor, and Locksmith Act
of 2004.
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The Registered Surgical Assistant and Registered Surgical |
Technologist
Title Protection Act.
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Section 2.5 of the Illinois Plumbing License Law. |
The Veterinary Medicine and Surgery Practice Act of 2004.
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(Source: P.A. 97-1139, eff. 12-28-12.)
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(5 ILCS 80/4.34 new) |
Sec. 4.34. Act repealed on January 1, 2024. The following |
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Act is repealed on January 1, 2024: |
The Electrologist Licensing Act.
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Section 10. The Electrologist Licensing Act is amended by |
changing Sections 10, 25, 32, 40, 55, 60, 65, 70, 75, 85, 90, |
95, 100, 105, 110, 115, 120, 125, 130, 135, 145, 155, and 162 |
and by adding Section 157 as follows:
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(225 ILCS 412/10)
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(Section scheduled to be repealed on January 1, 2014)
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Sec. 10. Definitions. In this Act:
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"Address of Record" means the designated address recorded |
by the Department in the applicant's or licensee's application |
file or license file as maintained by the Department's |
licensure maintenance unit. It is the duty of the applicant or |
licensee to inform the Department of any change of address, and |
those changes must be made either through the Department's |
website or by contacting the Department. |
"Department" means the Department of Financial and |
Professional Regulation.
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"Director" means the Director of Professional Regulation.
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"Electrologist" means an individual licensed to practice |
electrology pursuant
to the provisions of this Act.
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"Electrology" means the practice or teaching of services |
for
permanent hair removal
utilizing only solid probe electrode |
type epilation, which may include
thermolysis (shortwave, high |
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frequency), electrolysis (galvanic), or a
combination of both |
(superimposed or sequential blend).
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"Secretary" means the Secretary of Financial and |
Professional Regulation. |
(Source: P.A. 92-750, eff. 1-1-03.)
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(225 ILCS 412/25)
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(Section scheduled to be repealed on January 1, 2014)
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Sec. 25. Application. Applications for original licenses |
shall be made
to the
Department in writing on forms prescribed |
by the Department and shall be
accompanied by the required fee, |
which is not refundable. The
application shall require any |
information as, in the judgment of the
Department, will enable |
the Department to pass on the qualifications of the
applicant |
for a license. The application shall include evidence of
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passage of an examination recognized by the Department.
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Applicants have 3 years after the date of application to |
complete the application process. If the process has not been |
completed within 3 years, the application shall be denied, the |
fee forfeited, and the applicant must reapply and meet the |
requirements in effect at the time of reapplication. |
(Source: P.A. 92-750, eff. 1-1-03.)
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(225 ILCS 412/32)
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(Section scheduled to be repealed on January 1, 2014)
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Sec. 32. Social Security number on license application. In |
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addition to any
other information required to be contained in |
the application, every
application for an
original license |
under this Act shall include the
applicant's social
security |
number, which shall be retained in the agency's records |
pertaining to the license. As soon as practical, the Department |
shall assign a customer's identification number to each |
applicant for a license. |
Every application for a renewed, reinstated, renewal or |
restored license shall require the applicant's customer |
identification number.
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(Source: P.A. 97-400, eff. 1-1-12.)
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(225 ILCS 412/40)
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(Section scheduled to be repealed on January 1, 2014)
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Sec. 40. Administrative Procedure Act. The Illinois |
Administrative
Procedure Act is hereby expressly
adopted and |
incorporated in this Act as if all of the provisions of
the |
Illinois Administrative Procedure Act
where included in this |
Act, except that the provision of paragraph (d) (c) of
Section |
10-65 of the Illinois Administrative Procedure Act, which |
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 purposes of this Act, the
notice required |
under Section 10-25 of the Illinois Administrative Procedure
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Act is considered to be sufficient when mailed to the |
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licensee's address of record last known address of the
party.
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(Source: P.A. 92-750, eff. 1-1-03.)
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(225 ILCS 412/55)
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(Section scheduled to be repealed on January 1, 2014)
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Sec. 55. Endorsement. Pursuant to the rules of the |
Department, upon
payment of the required fee, an applicant who |
has been licensed in another
state that has substantially the |
same requirements as those required for
licensure under the |
provisions of this Act may be granted a license as an
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electrologist.
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Applicants for licensure by endorsement have 3 years after |
the date of application to complete the application process. If |
the process has not been completed within 3 years, the |
application shall be denied, the fee forfeited, and the |
applicant must reapply and meet the requirements in effect at |
the time of reapplication. |
(Source: P.A. 92-750, eff. 1-1-03.)
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(225 ILCS 412/60)
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(Section scheduled to be repealed on January 1, 2014)
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Sec. 60. Renewal; armed service duty. The expiration date |
and
renewal period for each license
issued under this Act shall |
be set by rule. Renewal shall be conditioned
on paying the |
required fee and meeting other requirements as may be
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established by rule.
All renewal applicants shall provide proof |
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of having met the continuing
education
requirements in |
accordance with rules established by the Department, approved |
by the Department consisting of the equivalent of 30
hours of |
continuing education every 24 months. The continuing education
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requirement
may be waived in part or in whole for such good |
cause, including but not
limited to illness or hardship, as may |
be determined by
rule.
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Any electrologist who has permitted a license to expire or |
who has
a license on inactive status may have the license |
restored by submitting an
application to the Department, filing |
proof acceptable to the Department
of fitness to have the |
license restored, and paying the required
fees. Proof of |
fitness may include sworn evidence certifying to
active lawful |
practice in another jurisdiction.
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The Department shall determine, by an evaluation process |
established by
rule, a person's fitness for restoration of a |
license and shall establish
procedures and requirements for |
restoration.
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Any electrologist whose license expired while (i)
on active |
duty with the Armed Forces of the United States,
or the State |
Militia called into service or training, or (ii) in training or
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education under the supervision of the United States |
preliminary to
induction into the military service, may have |
the license restored without
paying any lapsed renewal fees if, |
within 2 years after honorable
termination of service, training |
or education, the licensee furnishes the
Department with |
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satisfactory evidence to the effect that the licensee has been
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so
engaged and that the service, training, or education has |
been so terminated.
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(Source: P.A. 92-750, eff. 1-1-03.)
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(225 ILCS 412/65)
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(Section scheduled to be repealed on January 1, 2014)
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Sec. 65. Inactive status; restoration. |
(a) Any electrologist who notifies the
Department in |
writing on
forms prescribed by the Department may elect to |
place a license
on inactive status and shall, subject to rules |
of the Department, be
excused from payment of renewal fees |
until the Department is notified in
writing of the intention to |
restore the license.
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(b) Any electrologist who has permitted a license to expire |
or who has a license on inactive status may have the license |
restored by submitting an application to the Department, filing |
proof acceptable to the Department of fitness to have the |
license restored, and paying the required fees. Proof of |
fitness may include sworn evidence certifying to active lawful |
practice in another jurisdiction. The Department shall |
determine, by an evaluation process established by rule, a |
person's fitness for restoration of a license and shall |
establish procedures and requirements for restoration. |
(c) Any electrologist whose license expired while (i) on |
active duty with the Armed Forces of the United States or the |
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State Militia called into service or training, or (ii) in |
training or education under the supervision of the United |
States preliminary to induction into the military service, may |
have the license restored without paying any lapsed renewal |
fees if, within 2 years after honorable termination of service, |
training, or education, the licensee furnishes the Department |
with satisfactory evidence that the licensee has been so |
engaged and that the service, training, or education has been |
so terminated. |
(d) An electrologist requesting restoration from inactive |
status shall be
required to pay the current renewal fee and |
shall be required to follow
procedures to restore the license |
as provided in this Section Section 60 of this Act.
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(e) An electrologist whose license is on inactive or |
non-renewed status shall not
practice in the State of Illinois.
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A licensee who engages in practice with an inactive or |
non-renewed a lapsed license or a license
on inactive status |
shall be considered to be practicing without a license,
which |
shall be grounds for discipline under Section 75 of this Act.
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(Source: P.A. 92-750, eff. 1-1-03.)
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(225 ILCS 412/70)
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(Section scheduled to be repealed on January 1, 2014)
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Sec. 70. Fees; returned checks.
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(a) The Department shall provide by rule for a schedule of |
fees for the
administration and enforcement of this Act, |
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including but not limited to
original
licensure, renewal, and |
restoration. The fees shall be nonrefundable.
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(b) All fees collected under this Act shall be deposited |
into the General
Professions Dedicated Fund and shall be |
appropriated to the Department for the
ordinary
and contingent |
expenses of the Department in the administration of this Act.
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(c) A person who delivers a check or other payment to the |
Department that is
returned to the Department unpaid by the |
financial institution upon which it is
drawn shall
pay to the |
Department, in addition to the amount already owed to the
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Department, a fine of
$50. The fines imposed by this Section |
are in addition to any other discipline
provided
under this Act |
for unlicensed practice or practice on a nonrenewed license. |
The
Department
shall notify the person that fees and fines |
shall be paid to the Department by
certified check
or money |
order within 30 calendar days of the notification. If, after |
the
expiration of
30 days from the date of the notification, |
the person has failed to submit the
necessary
remittance, the |
Department shall automatically terminate the license or deny
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the application
without a hearing. If the person seeks a |
license after termination or denial,
he or she shall
apply to |
the Department for restoration or issuance of the license and |
pay all
fees and fines
due to the Department. The Department |
may establish a fee for the processing of
an
application for |
restoration of a license to defray the expenses of processing
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the application.
The Secretary Director may waive the fines due |
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under this Section in individual cases
if
the Secretary |
Director
finds that the fines would be unreasonable or |
unnecessarily burdensome.
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(Source: P.A. 92-750, eff. 1-1-03.)
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(225 ILCS 412/75)
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(Section scheduled to be repealed on January 1, 2014)
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Sec. 75. Grounds for discipline.
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(a) The Department may refuse to issue or renew and may
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revoke or suspend a license under this Act, and may place on |
probation,
censure, reprimand, or take other
disciplinary or |
non-disciplinary action with regard to any licensee
under this |
Act, as the
Department may consider appropriate proper, |
including imposing the issuance of fines not to exceed $10,000
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$5,000 for each violation and assess costs as provided for |
under Section 95 of this Act, for one or any combination of the |
following causes:
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(1) Material misstatement in furnishing information to |
the Department.
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(2) Violation of this Act or its rules adopted under |
this Act.
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(3) Conviction by plea of guilty or nolo contendere, |
finding of guilt, jury verdict, or entry of judgment or |
sentencing, including, but not limited to, convictions, |
preceding sentences of supervision, conditional discharge, |
or first offender probation, under the laws of any |
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jurisdiction of the United States that is (i) a felony or |
(ii) a misdemeanor, an essential element of which is |
dishonesty, or that is directly related to the practice of |
electrology of any felony under the laws of any U.S. |
jurisdiction, any
misdemeanor an essential element
of |
which is dishonesty, or any crime that is directly related |
to the
practice of the profession.
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(4) Fraud or Making any misrepresentation in applying |
for or procuring a license under this Act, or in connection |
with applying for renewal of a license under this Act for |
the purpose of obtaining a license.
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(5) Aiding or assisting another person in violating any |
provision of
this Act or its rules.
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(6) Failing to provide information within 60 days in |
response to a
written request made by the Department.
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(7) Engaging in dishonorable, unethical, or |
unprofessional conduct of a
character likely to deceive, |
defraud, or harm the public.
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(8) Habitual or excessive use or abuse of drugs defined |
in law as controlled substances, addiction to alcohol, |
narcotics,
stimulants, or any other substance chemical |
agent or drug that results in an
electrologist's
inability |
to practice with reasonable judgment judgement, skill, or |
safety.
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(9) Discipline by another governmental agency, unit of |
government, U.S. jurisdiction, or foreign nation if at
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least one of the grounds for discipline is the same as or |
substantially
equivalent to any of those set forth in this |
Act.
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(10) 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. Nothing in this paragraph (10) affects any bona |
fide independent contractor or employment arrangements |
among health care professionals, health facilities, health |
care providers, or other entities, except as otherwise |
prohibited by law. Any employment arrangements with health |
care providers may include provisions for compensation, |
health insurance, pension, or other employment benefits |
for the provision of services within the scope of the |
licensee's practice under this Act. Nothing in this |
paragraph (10) shall be construed to require an employment |
arrangement to receive professional fees for services |
rendered.
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(11) A finding by the Department that the licensee, |
after having his or
her
license placed on probationary |
status, has violated the terms of probation.
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(12) Abandonment of a patient.
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(13) Willfully making or filing false records or |
reports in the
licensee's practice, including, but not |
limited to, false records filed
with State agencies or
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departments.
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(14) Mental or physical Physical illness or |
disability, including, but not limited to, deterioration
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through the aging process or loss of motor skill that |
results in the
inability to practice the profession with |
reasonable judgment, skill,
or safety.
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(15) Negligence Gross negligence in his or her practice |
under this Act.
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(16) Use of fraud, deception, or any unlawful means in |
applying for
and securing a license as an electrologist.
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(17) Immoral conduct in the commission of any act, such |
as sexual abuse,
sexual misconduct, or sexual |
exploitation, related to the licensee's practice.
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(18) Failure to comply with standards of sterilization |
and sanitation as
defined in the rules of the Department.
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(19) Charging for professional services not rendered, |
including filing false statements for the collection of |
fees for which services are not rendered. |
(20) Allowing one's license under this Act to be used |
by an unlicensed person in
violation of this Act. |
(b) The Department may refuse to issue or renew or may |
suspend without hearing the
license of any person who fails to |
file a return, to pay the tax, penalty or
interest
shown in a |
filed return, or to pay any final assessment of the tax, |
penalty, or
interest as required by any tax Act administered by |
the Illinois Department
of Revenue until the requirements of |
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the tax Act are satisfied in accordance with subsection (g) of |
Section 2105-15 of the Department of
Professional Regulation |
Law of the Civil Administrative Code of Illinois.
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(c) The determination by a circuit court that a licensee is |
subject to
involuntary admission or judicial admission as |
provided in the Mental
Health and Developmental Disabilities |
Code
operates as an automatic suspension. The
suspension will |
end only upon a finding by a court that the patient is no
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longer subject to involuntary admission or judicial admission, |
the issuance of
an
order so finding and discharging the |
patient, and the filing of a petition for restoration |
demonstrating fitness to practice the recommendation
of the |
Committee to the Director that the licensee be allowed to |
resume his or
her practice.
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(d) In enforcing this Section, the Department, upon a |
showing of a possible
violation, may compel any individual who |
is licensed to practice under this Act or any individual who |
has applied for licensure to submit to a mental or physical |
examination and evaluation, or both, that may include a |
substance abuse or sexual offender evaluation, at the expense |
of the Department. The Department shall specifically designate |
the examining physician licensed to practice medicine in all of |
its branches or, if applicable, the multidisciplinary team |
involved in providing the mental or physical examination and |
evaluation, or both. The multidisciplinary team shall be led by |
a physician licensed to practice medicine in all of its |
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branches and may consist of one or more or a combination of |
physicians licensed to practice medicine in all of its |
branches, licensed chiropractic physicians, licensed clinical |
psychologists, licensed clinical social workers, licensed |
clinical professional counselors, and other professional and |
administrative staff. Any examining physician or member of the |
multidisciplinary team may require any person ordered to submit |
to an examination and evaluation pursuant to this Section to |
submit to any additional supplemental testing deemed necessary |
to complete any examination or evaluation process, including, |
but not limited to, blood testing, urinalysis, psychological |
testing, or neuropsychological testing person licensed to |
practice under this Act or who has
applied
for licensure or |
certification pursuant to this Act to submit to a mental or
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physical
examination, or both, as required by and at the |
expense of the Department. The
examining physicians shall be |
those specifically designated by the Department.
The
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Department may order the examining physician to present |
testimony concerning
this
mental or physical examination of the |
licensee or applicant. No information
shall be
excluded by |
reason of any common law or statutory privilege relating to
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communications
between the licensee or applicant and the |
examining physician. The person to be
examined may have, at his |
or her own expense, another physician of his or her
choice
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present during all aspects of the examination. Failure of any |
person to submit
to a mental
or physical examination, when |
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directed, shall be grounds for suspension of a
license until
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the person submits to the examination if the Department finds, |
after notice and
hearing,
that the refusal to submit to the |
examination was without reasonable cause.
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The Department may order the examining physician or any |
member of the multidisciplinary team to provide to the |
Department any and all records, including business records, |
that relate to the examination and evaluation, including any |
supplemental testing performed. The Department may order the |
examining physician or any member of the multidisciplinary team |
to present testimony concerning this examination and |
evaluation of the licensee, permit holder, or applicant, |
including testimony concerning any supplemental testing or |
documents relating to the examination and evaluation. No |
information, report, record, or other documents in any way |
related to the examination and evaluation shall be excluded by |
reason of any common law or statutory privilege relating to |
communication between the licensee or applicant and the |
examining physician or any member of the multidisciplinary |
team. No authorization is necessary from the licensee or |
applicant ordered to undergo an evaluation and examination for |
the examining physician or any member of the multidisciplinary |
team to provide information, reports, records, or other |
documents or to provide any testimony regarding the examination |
and evaluation. The individual to be examined may have, at his |
or her own expense, another physician of his or her choice |
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present during all aspects of the examination. |
Failure of any individual to submit to mental or physical |
examination and evaluation, or both, when directed, shall |
result in an automatic suspension without hearing, until such |
time as the individual submits to the examination. If the |
Department finds a licensee unable to practice because of the |
reasons set forth in this Section, the Department shall require |
the licensee to submit to care, counseling, or treatment by |
physicians approved or designated by the Department as a |
condition for continued, reinstated, or renewed licensure to |
practice. |
When the Secretary immediately suspends a license under |
this Section, a hearing upon the person's license must be |
convened by the Department within 15 days after the suspension |
and completed without appreciable delay. The Department shall |
have the authority to review the licensee's record of treatment |
and counseling regarding the impairment to the extent permitted |
by applicable federal statutes and regulations safeguarding |
the confidentiality of medical records. |
Individuals licensed under this Act affected under this |
Section shall be afforded an opportunity to demonstrate to the |
Department that they can resume practice in compliance with |
acceptable and prevailing standards under the provisions of |
their license. |
(e) The Department shall deny a license or renewal |
authorized by this Act to a person who has defaulted on an |
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educational loan or scholarship provided or guaranteed by the |
Illinois Student Assistance Commission or any governmental |
agency of this State in accordance with item (5) of subsection |
(a) of Section 2105-15 of the Department of
Professional |
Regulation Law of the Civil Administrative Code of Illinois. |
(f) In cases where the Department of Healthcare and Family |
Services has previously determined a licensee or a potential |
licensee is more than 30 days delinquent in the payment of |
child support and has subsequently certified the delinquency to |
the Department, the Department may refuse to issue or renew or |
may revoke or suspend that person's license or may take other |
disciplinary action against that person based solely upon the |
certification of delinquency made by the Department of |
Healthcare and Family Services in accordance with item (5) of |
subsection (a) of Section 2105-15 of the Department of |
Professional Regulation Law of the Civil Administrative Code of |
Illinois. |
(g) All fines or costs imposed under this Section shall be |
paid within 60 days after the effective date of the order |
imposing the fine or costs or in accordance with the terms set |
forth in the order imposing the fine. |
If the Department finds an individual unable to practice |
because of the
reasons set
forth in this Section, the |
Department may require that individual to submit to
care,
|
counseling, or treatment by physicians approved or designated |
by the
Department, as a
condition, term, or restriction for |
|
continued, reinstated, or renewed licensure
to practice;
or, in |
lieu of care, counseling, or treatment, the Department may file |
a
complaint to
immediately suspend, revoke, or otherwise |
discipline the license of the
individual.
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Any person whose license was granted, continued, |
reinstated, renewed,
disciplined or supervised subject to such |
terms, conditions or restrictions,
and who fails
to comply with |
such terms, conditions or restrictions, shall be referred to |
the
Director for
a determination as to whether the person shall |
have his or her license
suspended
immediately, pending a |
hearing by the Department.
|
In instances in which the Director immediately suspends a |
person's license
under
this Section, a hearing on that person's |
license must be convened by the
Department
within 15 days after |
the suspension and completed without appreciable delay.
The
|
Department shall have the authority to review the subject |
person's record of
treatment and
counseling regarding the |
impairment, to the extent permitted by applicable
federal
|
statutes and regulations safeguarding the confidentiality of |
medical records.
|
A person licensed under this Act and affected under this |
Section shall be
afforded
an opportunity to demonstrate to the |
Department that he or she can resume
practice in
compliance |
with acceptable and prevailing standards under the provisions |
of his
or her
license.
|
(Source: P.A. 96-1482, eff. 11-29-10.)
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(225 ILCS 412/85)
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(Section scheduled to be repealed on January 1, 2014)
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Sec. 85. Violations; injunctions.
|
(a) If any person violates any provision of this Act, the |
Secretary
Director may, in the name of the People of the State |
of Illinois through
the Attorney General of the State of |
Illinois or the State's Attorney of
any county in which the |
violation is alleged to have occurred action is brought, |
petition for an order enjoining
the violation or for an order |
enforcing compliance with this Act. Upon
the filing of a |
verified petition in court, the court may issue a temporary
|
restraining order, without notice or bond, and may |
preliminarily and
permanently enjoin the violation. If it is |
established that the
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 a person practices as an electrologist or holds |
himself or herself
out
as an electrologist without being |
licensed under the provisions of this
Act, then any licensed |
electrologist, any interested party, or any person
injured |
thereby may, in addition to the Secretary Director, petition |
for relief as
provided in subsection (a) of this Section.
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(c) Whenever, in the opinion of the Department, a person |
|
violates any
provision 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. The
rule shall clearly set |
forth the grounds
relied upon by the Department and shall |
provide a period of 7 days after
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. 92-750, eff. 1-1-03.)
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(225 ILCS 412/90)
|
(Section scheduled to be repealed on January 1, 2014)
|
Sec. 90. Investigations; notice and hearing.
|
(a) The Department may investigate the actions of an |
applicant or a person
holding or claiming to hold a license.
|
(b) Before refusing to issue or renew a license or take any |
disciplinary or non-disciplinary action against disciplining
a |
licensed electrologist pursuant to Section 75 of this Act,
the |
Department shall notify in writing the applicant
or the |
licensee of the nature of the charges and that a hearing will |
be held on
the
date designated, which shall be at least 30 days
|
after
the date of the notice.
The Department shall direct the |
applicant or licensee
to
file a written answer to the |
Department 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 |
or non-disciplinary action may be taken, including limiting the |
scope, nature, or
extent of
business as the Secretary Director |
may deem proper. Written notice may be served by
personal |
delivery or certified or registered mail sent to the licensee's |
address of record respondent at the
most recent address on |
record with the Department.
|
If the applicant
or licensee fails to file
an
answer after |
receiving notice, the license may, in the
discretion of
the |
Department, be suspended, revoked, or placed on probationary |
status, or the
Department may take whatever disciplinary action |
considered it deems proper including limiting the scope, |
nature, or extent of the person's practice or the imposition of |
a fine
imposing a civil penalty, without a hearing if the act |
or acts charged
constitute
sufficient grounds
ground for such |
action under this Act.
|
At the time and place fixed in the
notice,
the Department |
shall proceed to hear the charges, and the parties or their
|
counsel
shall
be accorded ample opportunity to present any |
pertinent such statements, testimony, evidence,
and argument |
as may be pertinent to the charges or to their defense. The
|
Department
may continue a hearing from time to time.
|
(Source: P.A. 92-750, eff. 1-1-03.)
|
(225 ILCS 412/95)
|
|
(Section scheduled to be repealed on January 1, 2014)
|
Sec. 95. Record of proceedings Stenographer; transcript. |
The Department, at its expense,
shall
preserve a
record of all |
proceedings at the formal hearing of any case involving the
|
refusal to issue
or renew a license or the discipline of a |
licensed electrologist.
Any licensee who is found to have |
violated this Act or who fails to appear for a hearing to |
refuse to issue, restore, or renew a license or to discipline a |
licensee may be required by the Department to pay for the costs |
of the proceeding. These costs are limited to costs for court |
reporters, transcripts, and witness attendance and mileage |
fees. All costs imposed under this Section shall be paid within |
60 days after the effective date of the order imposing the |
fine. The notice of
hearing, complaint, and all other documents |
in the nature of pleadings, written
motions
filed in the |
proceedings, the transcript of testimony, the report of the
|
hearing officer,
and the order
of the Department shall be the |
record of the proceeding.
|
(Source: P.A. 92-750, eff. 1-1-03.)
|
(225 ILCS 412/100)
|
(Section scheduled to be repealed on January 1, 2014)
|
Sec. 100. Required testimony. Upon application
of the |
Department or
its designee, or of the person against whom |
proceedings
pursuant to Section 75 of this Act are pending, any |
circuit court may enter an
order
requiring
the attendance and |
|
testimony of witnesses and their testimony, and the production |
of relevant
documents, paper, files, books, and records in |
connection with any hearing
or investigation. The court may |
compel obedience to its order by proceedings
for contempt.
|
(Source: P.A. 92-750, eff. 1-1-03.)
|
(225 ILCS 412/105)
|
(Section scheduled to be repealed on January 1, 2014)
|
Sec. 105. Subpoena power; oaths. The Department may has |
power to
subpoena and bring before
it any person in this State |
and to take the oral or written testimony or compel the |
production of any books, papers, records, or any other |
documents that the Secretary or his or her designee deems |
relevant or material to any investigation or hearing conducted |
by the Department either orally, by
deposition, or both, with |
the same fees and mileage and in the same manner
as prescribed |
by law in judicial proceedings in civil cases in circuit
courts |
of this State.
|
The Secretary, the shorthand court reporter, Director and |
hearing officers
may administer oaths to witnesses at any |
hearing
that the Department conducts is authorized to conduct |
under this Act and any other
oaths required or authorized to be |
administered by the Department. Notwithstanding any other |
statute or Department rule to the contrary, all requests for |
testimony, production of documents, or records shall be in |
accordance with this Act.
|
|
(Source: P.A. 92-750, eff. 1-1-03.)
|
(225 ILCS 412/110)
|
(Section scheduled to be repealed on January 1, 2014)
|
Sec. 110. Findings and recommendations. At the conclusion |
of the
hearing,
the hearing officer
shall present to the |
Secretary Director a written report of its findings of fact, |
conclusions of law, and
recommendations. The
report shall |
contain a finding of whether or not the accused applicant
or |
licensee violated
this Act or failed to comply with the |
conditions required in this Act. The
hearing officer shall
|
specify the nature of the violation or failure to comply, and |
shall make its
recommendations to the Secretary Director.
|
The report of the findings and recommendations of the |
hearing officer shall
be the
basis
for
the Department's order |
for refusing to issue, restore, or renew a license, or |
otherwise disciplining a licensee if of refusal or for the |
granting of licensure unless
the Secretary Director
determines |
that the hearing officer's report is contrary to the manifest
|
weight of
the evidence,
in which case the Secretary Director |
may issue an order in contravention of the hearing
officer's
|
report. The
finding is not admissible in evidence against the |
applicant or
licensee in a criminal
prosecution brought
for the |
violation of this Act, but the hearing and finding are not a |
bar to a
criminal
prosecution brought for the violation of this |
Act.
|
|
(Source: P.A. 92-750, eff. 1-1-03.)
|
(225 ILCS 412/115)
|
(Section scheduled to be repealed on January 1, 2014)
|
Sec. 115. Hearing officer. The Secretary Director has the |
authority to appoint an
attorney duly
licensed to practice law |
in this State to serve as the hearing officer in an
action for |
refusal
to issue or renew a license or for the discipline of a
|
licensed electrologist. The
hearing officer
shall have full |
authority to conduct the hearing. The hearing officer shall
|
report his or her
findings and recommendations to the Secretary |
Director.
|
(Source: P.A. 92-750, eff. 1-1-03.)
|
(225 ILCS 412/120)
|
(Section scheduled to be repealed on January 1, 2014)
|
Sec. 120. Motion for rehearing. In any case involving the |
refusal to
issue or renew a license,
or the
discipline of a |
licensee, a copy of the hearing officer's report shall be
|
served
upon
the respondent by the Department, either personally |
or as provided in this
Act for the service of the notice of |
hearing. Within 20 days after
service, the respondent may |
present to the Department a motion in writing
for a rehearing |
which shall specify the particular grounds
for rehearing. If no |
motion for rehearing is filed, then upon the expiration
of
the |
time specified for filing a motion, or if a motion for |
|
rehearing
is denied, then upon denial, the Secretary Director |
may enter an order in
accordance with the recommendation of the |
hearing officer.
If the respondent orders from the reporting
|
service, and pays for a transcript of the record within the |
time for filing
a motion for rehearing, the 20-day period |
within which a motion may be
filed shall commence upon the |
delivery of the transcript to the respondent.
|
(Source: P.A. 92-750, eff. 1-1-03.)
|
(225 ILCS 412/125)
|
(Section scheduled to be repealed on January 1, 2014)
|
Sec. 125. Order for rehearing Rehearing on order of |
Director. Whenever the Secretary Director is not
satisfied that
|
substantial justice
has been done in the revocation, |
suspension, or refusal to issue or
renew a license, the |
Secretary Director may order a rehearing.
|
(Source: P.A. 92-750, eff. 1-1-03.)
|
(225 ILCS 412/130)
|
(Section scheduled to be repealed on January 1, 2014)
|
Sec. 130. Order or certified copy as prima facie proof. An |
order or a
certified copy
thereof, over the seal of the
|
Department and purporting to be signed by the Secretary |
Director, shall be prima
facie proof:
|
(1) that the signature is the genuine signature of the |
Secretary Director; and
|
|
(2) that the Secretary Director is duly appointed and |
qualified.
|
This proof may be rebutted.
|
(Source: P.A. 92-750, eff. 1-1-03.)
|
(225 ILCS 412/135)
|
(Section scheduled to be repealed on January 1, 2014)
|
Sec. 135. Restoration of license from discipline License |
restoration. At any time after the successful completion of a |
term of indefinite probation, suspension, or revocation of a |
license, the Department may restore the license to active |
status, unless, after an investigation and a hearing, the |
Secretary determines that restoration is not in the public |
interest. No person whose license has been revoked as |
authorized in this Act may apply for restoration of that |
license until such time as provided for in the Civil |
Administrative Code of Illinois. At any time after the |
suspension or
revocation of a
license the Department may |
restore it to the accused person, unless after
an investigation |
and a hearing the Department determines that restoration
is not |
in the public interest.
|
(Source: P.A. 92-750, eff. 1-1-03.)
|
(225 ILCS 412/145)
|
(Section scheduled to be repealed on January 1, 2014)
|
Sec. 145. Summary Temporary suspension. The Secretary |
|
Director may summarily temporarily suspend
the license of an
|
electrologist without a hearing, simultaneously with the |
institution of
proceedings for a hearing under Section 90 of |
this Act, if the Secretary
Director finds that the evidence in |
his or her possession indicates that
continuation
in practice |
would constitute an imminent danger to the public. In the
event |
that the Secretary summarily Director temporarily suspends a |
license without a
hearing, a hearing by the Department shall |
must be held within 30 days after the
suspension has occurred, |
and shall be concluded as expeditiously as possible concluded |
without appreciable delay.
|
(Source: P.A. 92-750, eff. 1-1-03.)
|
(225 ILCS 412/155)
|
(Section scheduled to be repealed on January 1, 2014)
|
Sec. 155. Certification of record. The Department shall not |
be
required to certify any record to the court, file any answer |
in court, or
otherwise appear in any court in a judicial review |
proceeding unless and until the Department has received from |
the plaintiff there
is filed in the court, with the
complaint, |
a receipt from the Department acknowledging payment of the |
costs
of furnishing and certifying the record, which costs |
shall be determined by the Department. Failure on the part of |
the
plaintiff to file a receipt in court is grounds for |
dismissal of the action.
|
(Source: P.A. 92-750, eff. 1-1-03.)
|
|
(225 ILCS 412/157 new) |
Sec. 157. Confidentiality. All information collected by |
the Department in the course of an examination or investigation |
of a licensee or applicant, including, but not limited to, any |
complaint against a licensee filed with the Department and |
information collected to investigate any such complaint, shall |
be maintained for the confidential use of the Department and |
shall not be disclosed. The Department shall not disclose the |
information to anyone other than law enforcement officials, |
regulatory agencies that have an appropriate regulatory |
interest as determined by the Secretary, or a party presenting |
a lawful subpoena to the Department. Information and documents |
disclosed to a federal, State, county, or local law enforcement |
agency shall not be disclosed by the agency for any purpose to |
any other agency or person. A formal complaint filed against a |
licensee or registrant by the Department or any order issued by |
the Department against a licensee, registrant, or applicant |
shall be a public record, except as otherwise prohibited by |
law.
|
(225 ILCS 412/162)
|
(Section scheduled to be repealed on January 1, 2014)
|
Sec. 162. Unlicensed practice; violation; civil penalty.
|
(a) Any person who practices, offers to practice, attempts |
to practice, or
holds
oneself out to practice electrology |
|
without being licensed under this Act
shall, in addition
to any |
other penalty provided by law, pay a civil penalty to the |
Department in
an amount
not to exceed $10,000 $5,000 for each |
offense as determined by the Department. The
civil penalty
|
shall be assessed by the Department after a hearing is held in |
accordance with
the
provisions set forth in this Act regarding |
the provision of a hearing for the
discipline of a
licensee.
|
(b) The Department has the authority and power to |
investigate any and all
unlicensed activity.
|
(c) The civil penalty shall be paid within 60 days after |
the effective date
of the
order imposing the civil penalty. The |
order shall constitute a judgment and may
be filed
and |
execution had thereon in the same manner as any judgment from |
any court of
record.
|
(Source: P.A. 92-750, eff. 1-1-03.)
|
(225 ILCS 412/33 rep.)
|
Section 15. The Electrologist Licensing Act is amended by |
repealing Section 33.
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|
