Bill Text: IL HB1356 | 2009-2010 | 96th General Assembly | Introduced
Bill Title: Amends the Professional Engineering Practice Act of 1989. In a provision concerning exemption from the Act for services performed by certain business organizations, provides that the exemption shall not extend to the design of infrastructure utility systems or manufacturing processes of the business organization. Removes the exemption for services, for private use, of contractors or owners in the construction of engineering works or the installation of equipment. Defines "address of record". Provides that the Department may further define "direct supervision/responsible charge" by rule. Changes the definition of "professional engineering practice" to include the recognition, measurement, evaluation and control of "control systems". Provides that the Secretary must simply notify the Board prior to the Department issuing any final decision or order that deviates from any report or recommendations of the Board relating to qualifications of applicants, disciplinary actions, or promulgation of rules (now, the Secretary is required to provide written notice and wait 30 days for the Board's written comments). Allows the Department to exercise the functions, powers, or duties enumerated to it by the Act without first requiring the action and report in writing of the Board. In a provision concerning the Board, limits term of service to 10 successive years(now, 15), prohibits public member from being an employee of an engineering related field (now, an employee of the State), and provides that members may receive compensation as determined by the Secretary (now, shall receive compensation when attending Board meetings or meetings approved by the Secretary). Provides that an engineer shall be responsible for his or her seal and signature as defined by rule (now, signatures generated by computer shall not be permitted). Provides that the Department may take disciplinary action against any person that commits certain tax violations. Provides that the Department shall deny a license or renewal to a person that has defaulted on an education loan or scholarship provided or guaranteed by the State. Provides that the Department or Board may order a licensee or applicant to submit to a mental or physical examination, or both, for certain violations of the Act. Makes other changes. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB1356 Detail]
Download: Illinois-2009-HB1356-Introduced.html
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1 | AN ACT concerning professional regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Professional Engineering Practice Act of | |||||||||||||||||||
5 | 1989 is amended by changing Sections 3, 4, 5, 6, 7, 8, 9, 11, | |||||||||||||||||||
6 | 14, 15, 16, 17, 19, 21, 24, 26, 29, 31, 32, 33, 34, 36, 42 and | |||||||||||||||||||
7 | 43 as follows:
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8 | (225 ILCS 325/3) (from Ch. 111, par. 5203)
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9 | (Section scheduled to be repealed on January 1, 2010)
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10 | Sec. 3. Application of the Act; Exemptions.
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11 | (a) Nothing in this Act shall be construed to prevent the | |||||||||||||||||||
12 | practice of
structural engineering as defined in the Structural
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13 | Engineering Practice Act of 1989 or the practice of
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14 | architecture
as defined in the Illinois Architecture Practice | |||||||||||||||||||
15 | Act of 1989 or the
regular and customary practice of | |||||||||||||||||||
16 | construction contracting and construction
management as | |||||||||||||||||||
17 | performed by construction contractors.
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18 | (b) Nothing in this Act shall prevent:
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19 | (1) Employees, including project representatives, of | |||||||||||||||||||
20 | professional
engineers lawfully practicing as sole owners, | |||||||||||||||||||
21 | partnerships or
corporations under this Act, from acting | |||||||||||||||||||
22 | under the direct supervision of
their employers.
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23 | (2) The employment of owner's representatives by the |
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1 | owner during the
constructing, adding to, or altering of a | ||||||
2 | project, or any parts thereof,
provided that such owner's | ||||||
3 | representative shall not have the authority
to deviate from | ||||||
4 | the technical submissions without the prior approval of
the | ||||||
5 | professional engineer for the project.
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6 | (3) The practice of officers and employees of the | ||||||
7 | Government of the
United States while engaged within this | ||||||
8 | State in the practice of the
profession of engineering for | ||||||
9 | the Government.
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10 | (4) Services performed by employees of a business | ||||||
11 | organization engaged
in utility, industrial or | ||||||
12 | manufacturing operations, or by employees of
laboratory | ||||||
13 | research affiliates of such business organization which | ||||||
14 | are
rendered in connection with the fabrication or | ||||||
15 | production, sale, and
installation of products, systems, | ||||||
16 | or nonengineering services of the
business organization or | ||||||
17 | its affiliates. This exemption shall not extend to the | ||||||
18 | design of infrastructure utility systems or manufacturing | ||||||
19 | processes of the business organization.
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20 | (5) Inspection, maintenance and service work done by | ||||||
21 | employees of the
State of Illinois, any political | ||||||
22 | subdivision thereof or any
municipality.
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23 | (6) The activities performed by those ordinarily | ||||||
24 | designated as chief
engineer of plant operation, chief | ||||||
25 | operating engineer, locomotive,
stationary, marine, power | ||||||
26 | plant or hoisting and portable engineers,
electrical |
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1 | maintenance or service engineers, personnel employed in
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2 | connection with construction, operation or maintenance of | ||||||
3 | street
lighting, traffic control signals, police and fire | ||||||
4 | alarm systems,
waterworks, steam, electric, and sewage | ||||||
5 | treatment and disposal plants,
or the services ordinarily | ||||||
6 | performed by any worker regularly employed as
a locomotive, | ||||||
7 | stationary, marine, power plant, or hoisting and portable
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8 | engineer or electrical maintenance or service engineer for | ||||||
9 | any
corporation, contractor or employer.
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10 | (7) The activities performed by a person ordinarily | ||||||
11 | designated as
a supervising engineer or supervising | ||||||
12 | electrical maintenance or service
engineer who supervises | ||||||
13 | the operation of, or who operates, machinery or
equipment, | ||||||
14 | or who supervises construction or the installation of
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15 | equipment within a plant which is under such person's | ||||||
16 | immediate
supervision.
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17 | (8) The services, for private use, of contractors or | ||||||
18 | owners in the
construction of engineering works or the | ||||||
19 | installation of equipment.
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20 | (c) No officer, board, commission, or other public entity | ||||||
21 | charged with
the enforcement of codes and ordinances involving | ||||||
22 | a professional
engineering project shall accept for filing or | ||||||
23 | approval any technical
submissions that do not bear the seal | ||||||
24 | and signature of a professional
engineer licensed under this | ||||||
25 | Act.
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26 | (d) Nothing contained in this Section imposes upon a person |
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1 | licensed
under this Act the responsibility for the performance | ||||||
2 | of any of the
foregoing functions unless such person | ||||||
3 | specifically contracts to provide it.
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4 | (Source: P.A. 91-91, eff. 1-1-00.)
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5 | (225 ILCS 325/4) (from Ch. 111, par. 5204)
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6 | (Section scheduled to be repealed on January 1, 2010)
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7 | Sec. 4. Definitions. As used in this Act:
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8 | (a) "Address of record" means the designated address | ||||||
9 | recorded by the Department in the applicant's or licensee's | ||||||
10 | application file or license file maintained by the Department's | ||||||
11 | licensure maintenance unit. It is the duty of the applicant or | ||||||
12 | licensee to inform the Department of any change of address, and | ||||||
13 | such changes must be made either through the Department's | ||||||
14 | website or by directly contacting the Department. | ||||||
15 | (a-5) (a) "Approved engineering curriculum" means
an | ||||||
16 | engineering curriculum or program
of 4 academic years or more | ||||||
17 | which meets the standards established by the
rules of the | ||||||
18 | Department.
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19 | (b) "Board" means the State Board of Professional Engineers | ||||||
20 | of the
Department of Professional Regulation , previously known | ||||||
21 | as the Examining
Committee.
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22 | (c) "Department" means the Department of Financial and | ||||||
23 | Professional Regulation.
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24 | (d) "Design professional" means an architect, structural | ||||||
25 | engineer or
professional engineer practicing in conformance |
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1 | with the Illinois
Architecture Practice Act of 1989, the | ||||||
2 | Structural
Engineering Practice Act of 1989 or the
Professional | ||||||
3 | Engineering Practice Act of 1989.
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4 | (e) (Blank). "Director" means the Director of Professional | ||||||
5 | Regulation.
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6 | (f) "Direct supervision/responsible charge" means work
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7 | prepared under the control of a licensed professional engineer | ||||||
8 | or that
work as to which that professional engineer has | ||||||
9 | detailed professional
knowledge. The Department may further | ||||||
10 | define this term by rule.
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11 | (g) "Engineering college" means a school, college, | ||||||
12 | university,
department of a university or other educational | ||||||
13 | institution, reputable
and in good standing in accordance with | ||||||
14 | rules prescribed by the
Department, and which grants | ||||||
15 | baccalaureate degrees in engineering.
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16 | (h) "Engineering system or facility" means a system or | ||||||
17 | facility whose
design is based upon the application of the | ||||||
18 | principles of science for
the purpose of modification of | ||||||
19 | natural states of being.
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20 | (i) "Engineer intern" means a person who is a candidate for
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21 | licensure as a professional engineer and who has been enrolled | ||||||
22 | as an
engineer intern.
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23 | (j) "Enrollment" means an action by the Department to | ||||||
24 | record those
individuals who have met the Board's requirements | ||||||
25 | for an engineer
intern.
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26 | (k) "License" means an official document issued by the |
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1 | Department to
an individual, a corporation, a partnership, a | ||||||
2 | professional
service corporation, a limited liability company, | ||||||
3 | or a sole proprietorship,
signifying authority to
practice.
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4 | (l) "Negligence in the practice of professional | ||||||
5 | engineering" means the
failure to exercise that degree of | ||||||
6 | reasonable professional skill, judgment
and diligence normally | ||||||
7 | rendered by professional engineers in the
practice of | ||||||
8 | professional engineering.
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9 | (m) "Professional engineer" means a person licensed under | ||||||
10 | the laws
of the State of Illinois to practice professional | ||||||
11 | engineering.
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12 | (n) "Professional engineering" means the application of | ||||||
13 | science to the
design of engineering systems and facilities | ||||||
14 | using the knowledge,
skills, ability and professional judgment | ||||||
15 | developed through professional
engineering education, training | ||||||
16 | and experience.
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17 | (o) "Professional engineering practice" means the | ||||||
18 | consultation on,
conception, investigation, evaluation, | ||||||
19 | planning, and design of, and
selection of materials to be used | ||||||
20 | in, administration of
construction contracts for, or site | ||||||
21 | observation of,
an engineering system
or facility, where such | ||||||
22 | consultation, conception, investigation,
evaluation, planning, | ||||||
23 | design, selection, administration, or observation
requires | ||||||
24 | extensive knowledge of engineering laws, formulae, materials,
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25 | practice, and construction methods. A person shall be construed | ||||||
26 | to
practice or offer to practice professional engineering, |
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1 | within the
meaning and intent of this Act, who practices, or | ||||||
2 | who, by verbal claim,
sign, advertisement, letterhead, card, or | ||||||
3 | any other way, is represented
to be a professional engineer, or | ||||||
4 | through the use of the initials "P.E."
or the title "engineer" | ||||||
5 | or any of its derivations or some other title
implies licensure | ||||||
6 | as a professional engineer, or holds himself out as able to
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7 | perform any service which is recognized as professional | ||||||
8 | engineering
practice.
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9 | Examples of the practice of professional engineering | ||||||
10 | include, but need
not be limited to, transportation facilities | ||||||
11 | and publicly owned
utilities for a region or community,
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12 | railroads, railways, highways, subways, canals, harbors, river
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13 | improvements; irrigation works; aircraft, airports and landing | ||||||
14 | fields;
waterworks, piping systems and appurtenances, sewers, | ||||||
15 | sewage disposal
works; plants for the generation of
power; | ||||||
16 | devices for the utilization of power; boilers; refrigeration
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17 | plants, air conditioning systems and plants; heating systems | ||||||
18 | and plants;
plants for the transmission or distribution of | ||||||
19 | power; electrical plants
which produce, transmit, distribute, | ||||||
20 | or utilize electrical energy; works
for the extraction of | ||||||
21 | minerals from the earth; plants for the refining,
alloying or | ||||||
22 | treating of metals; chemical works and industrial plants
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23 | involving the use of chemicals and chemical processes; plants | ||||||
24 | for the
production, conversion, or utilization of nuclear, | ||||||
25 | chemical, or radiant
energy; forensic engineering, | ||||||
26 | geotechnical engineering including,
subsurface investigations; |
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1 | soil classification, geology and geohydrology,
incidental to | ||||||
2 | the practice of professional engineering; energy
analysis, | ||||||
3 | environmental design, hazardous waste mitigation and control;
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4 | recognition, measurement, evaluation and control of | ||||||
5 | environmental systems and
emissions; control systems; | ||||||
6 | automated building management systems;
or the provision of | ||||||
7 | professional engineering site observation of the
construction | ||||||
8 | of works and engineering systems. Nothing contained in
this | ||||||
9 | Section imposes upon a person licensed under this Act the
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10 | responsibility for the performance of any of the foregoing | ||||||
11 | functions
unless such person specifically contracts to provide | ||||||
12 | it.
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13 | (p) "Project representative" means the professional | ||||||
14 | engineer's
representative at the project site who assists in | ||||||
15 | the administration of
the construction contract.
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16 | (q) "Registered" means the same as "licensed" for purposes | ||||||
17 | of this Act.
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18 | (r) "Related science curriculum" means a 4 year program of | ||||||
19 | study, the
satisfactory completion of which results in a | ||||||
20 | Bachelor of Science
degree, and which contains courses from | ||||||
21 | such areas as life, earth,
engineering and computer sciences, | ||||||
22 | including but not limited to, physics
and chemistry. In the | ||||||
23 | study of these sciences, the objective is to
acquire | ||||||
24 | fundamental knowledge about the nature of its phenomena,
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25 | including quantitative expression, appropriate to particular | ||||||
26 | fields of
engineering.
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1 | (s) "Rules" means those rules promulgated pursuant to this | ||||||
2 | Act.
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3 | (t) "Seal" means the seal in compliance with Section 14 of | ||||||
4 | this Act.
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5 | (t-5) "Secretary" means the Secretary of the Department of | ||||||
6 | Financial and Professional Regulation. | ||||||
7 | (u) "Site observation" is visitation of the construction | ||||||
8 | site for the
purpose of reviewing, as available, the quality | ||||||
9 | and conformance of the
work to the technical submissions as | ||||||
10 | they relate to design.
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11 | (v) "Support design professional" means a professional | ||||||
12 | engineer
practicing in conformance with the Professional | ||||||
13 | Engineering Practice Act
of 1989, who provides services to the | ||||||
14 | design professional who has
contract responsibility.
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15 | (w) "Technical submissions" means designs, drawings, and | ||||||
16 | specifications
which establish the standard of quality for | ||||||
17 | materials, workmanship,
equipment, and the construction | ||||||
18 | systems, studies, and other technical
reports prepared in the | ||||||
19 | course of a design professional's practice.
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20 | (Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; 92-16, | ||||||
21 | eff. 6-28-01;
92-145, eff. 1-1-02.)
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22 | (225 ILCS 325/5) (from Ch. 111, par. 5205)
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23 | (Section scheduled to be repealed on January 1, 2010)
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24 | Sec. 5. Powers and duties of the Department. Subject to the
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25 | provisions of this Act, the Department shall exercise the |
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1 | following
functions, powers and duties:
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2 | (a) To pass upon the qualifications and conduct | ||||||
3 | examinations of
applicants for licensure as professional | ||||||
4 | engineers or enrollment as
engineer interns and pass upon | ||||||
5 | the qualifications of applicants by
endorsement and issue a | ||||||
6 | license or enrollment to those who are found to
be fit and | ||||||
7 | qualified.
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8 | (b) To prescribe rules for the method, conduct and | ||||||
9 | grading of the
examination of applicants.
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10 | (c) To license corporations, partnerships, | ||||||
11 | professional service
corporations,
limited liability | ||||||
12 | companies, and sole proprietorships
for the practice of
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13 | professional engineering and issue a license to those who | ||||||
14 | qualify.
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15 | (d) To conduct investigations and
hearings regarding | ||||||
16 | violations of this Act and take
disciplinary or other | ||||||
17 | actions as provided in this Act as a result of the
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18 | proceedings.
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19 | (e) To prescribe rules as to what shall constitute an | ||||||
20 | engineering or
related science curriculum and to determine | ||||||
21 | if a specific engineering
curriculum is in compliance with | ||||||
22 | the rules, and to terminate the
approval of a specific | ||||||
23 | engineering curriculum for non-compliance with
such rules.
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24 | (f) To promulgate rules required for the | ||||||
25 | administration of this Act,
including rules of | ||||||
26 | professional conduct.
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1 | (g) To maintain membership in the National Council of
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2 | Examiners for Engineering and Surveying
and participate in | ||||||
3 | activities of the Council by designation of
individuals for | ||||||
4 | the various classifications of membership, the
appointment | ||||||
5 | of delegates for attendance at zone and national meetings | ||||||
6 | of
the Council, and the funding of the delegates for | ||||||
7 | attendance at the
meetings of the Council.
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8 | (h) To obtain written recommendations from the Board | ||||||
9 | regarding
qualifications of individuals for licensure and | ||||||
10 | enrollment, definitions
of curriculum content and approval | ||||||
11 | of engineering curricula, standards
of professional | ||||||
12 | conduct and formal disciplinary actions, and the
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13 | promulgation of the rules affecting these matters.
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14 | Prior to issuance of any final decision or order that | ||||||
15 | deviates from
any report or recommendations of the Board | ||||||
16 | relating to the qualification
of applicants, discipline of | ||||||
17 | licensees or registrants, or promulgation of
rules, the | ||||||
18 | Secretary Director shall notify the Board in writing with | ||||||
19 | an explanation of
any such deviation and provide a | ||||||
20 | reasonable time for the Board to submit
written comments to | ||||||
21 | the Director regarding the proposed action. In the
event | ||||||
22 | that the Board fails or declines to submit such written | ||||||
23 | comments within
30 days of said notification, the Director | ||||||
24 | may issue a final decision or orders
consistent with the | ||||||
25 | Director's original decision . The Department may at any
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26 | time seek the expert advice and knowledge of the Board on |
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1 | any matter relating
to the enforcement of this Act.
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2 | (i) To publish and distribute or to post on the | ||||||
3 | Department's website, at
least semi-annually, a
newsletter | ||||||
4 | to all persons licensed and registered under this
Act. The | ||||||
5 | newsletter shall describe the most recent changes in this | ||||||
6 | Act and the
rules adopted under this Act and shall contain | ||||||
7 | information of any final
disciplinary action that has been | ||||||
8 | ordered under this Act since the date of the
last | ||||||
9 | newsletter.
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10 | None of the functions, powers or duties enumerated in this | ||||||
11 | Section
shall be exercised by the Department except upon the | ||||||
12 | action and report
in writing of the Board.
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13 | (Source: P.A. 91-92, eff. 1-1-00; 92-145, eff. 1-1-02.)
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14 | (225 ILCS 325/6) (from Ch. 111, par. 5206)
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15 | (Section scheduled to be repealed on January 1, 2010)
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16 | Sec. 6. Composition, qualifications and terms of the Board.
| ||||||
17 | (a) The
Board shall be appointed by the Secretary Director | ||||||
18 | and shall consist of 10
members, one of whom shall be a public | ||||||
19 | member and 9 of whom shall be
professional engineers licensed | ||||||
20 | under this Act. In addition each member
who is a professional | ||||||
21 | engineer shall:
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22 | (1) be a citizen of the United States, and
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23 | (2) be a resident of this State.
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24 | (b) In addition, each member who is a professional engineer | ||||||
25 | shall:
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1 | (1) have not less than 12 years of experience in the | ||||||
2 | practice of
professional engineering, and shall hold an | ||||||
3 | active license as a
professional engineer in Illinois;
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4 | (2) have been in charge of professional engineering | ||||||
5 | work for at least
5 years. For the purposes of this | ||||||
6 | Section, any period in
which a person has been in charge of | ||||||
7 | teaching engineering in an
engineering college with the | ||||||
8 | rank of assistant professor or higher
shall be considered | ||||||
9 | as time in which such person was in charge of
professional | ||||||
10 | engineering work.
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11 | The terms for all members shall be for 5 years. On the | ||||||
12 | expiration of
the term of any member
or in the event of a | ||||||
13 | vacancy,
the Secretary Director shall appoint
a member who | ||||||
14 | shall hold office until the expiration of the term
for which | ||||||
15 | the member is appointed and until a successor has been
| ||||||
16 | appointed and qualified.
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17 | No member shall be reappointed to the Board for a term | ||||||
18 | which would
cause that individual's continuous service on the | ||||||
19 | Board to be longer
than 10 15 successive years.
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20 | In implementing the 5 year terms, the Secretary Director | ||||||
21 | shall vary the terms to
enable the Board to have no more than 2 | ||||||
22 | terms expire in any one year.
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23 | The public member shall not be an employee of an | ||||||
24 | engineering related field the State of Illinois .
The public | ||||||
25 | member shall be an Illinois resident and a citizen of the
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26 | United States.
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1 | In making appointments to the Board, the Secretary Director | ||||||
2 | shall give due
consideration to recommendations by members of | ||||||
3 | the profession and by
organizations therein.
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4 | The Secretary Director may remove any member of the Board | ||||||
5 | for misconduct,
incompetence, neglect of duty or for reasons | ||||||
6 | prescribed by law for
removal of State officials.
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7 | The Secretary Director may remove a member of the Board who | ||||||
8 | does not attend 2
consecutive meetings.
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9 | A quorum of the Board shall consist
of a majority of Board | ||||||
10 | members appointed.
Majority vote of the quorum is required for | ||||||
11 | Board decisions.
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12 | Each member of the Board may shall receive compensation as | ||||||
13 | determined by the Secretary when attending
Board meetings or | ||||||
14 | meetings approved by the Director and shall be
reimbursed for | ||||||
15 | all actual traveling expenses.
| ||||||
16 | Members of the Board shall be immune from suit in any | ||||||
17 | action based
upon any disciplinary proceedings or other | ||||||
18 | activities performed in good
faith as members of the Board.
| ||||||
19 | Persons holding office as members of the Board immediately | ||||||
20 | prior to
the effective date of this Act under the Act repealed | ||||||
21 | herein shall
continue as members of the Board until the | ||||||
22 | expiration of the term for
which they were appointed and until | ||||||
23 | their successors are appointed and
qualified.
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24 | (Source: P.A. 91-92, eff. 1-1-00.)
| ||||||
25 | (225 ILCS 325/7) (from Ch. 111, par. 5207)
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| |||||||
1 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
2 | Sec. 7. Powers and duties of the Board. Subject to the | ||||||
3 | provisions
of this Act, the Board may shall exercise the | ||||||
4 | following functions, powers
and duties:
| ||||||
5 | (a) Review education and experience qualifications of | ||||||
6 | applicants,
including conducting oral interviews as deemed | ||||||
7 | necessary by the Board,
to determine eligibility as an | ||||||
8 | engineer intern or professional engineer
and submit to the | ||||||
9 | Secretary Director written recommendations on applicant
| ||||||
10 | qualifications for enrollment and licensure;
| ||||||
11 | (b) The Board may appoint a subcommittee to serve as a | ||||||
12 | Complaint Committee
to recommend the disposition of case | ||||||
13 | files according to procedures established
by rule;
| ||||||
14 | (c) Conduct hearings regarding disciplinary actions | ||||||
15 | and submit a
written report and recommendations to the | ||||||
16 | Secretary Director as required by this
Act and to provide a | ||||||
17 | Board member at informal conferences;
| ||||||
18 | (d) Make visits to universities or colleges to evaluate
| ||||||
19 | engineering curricula or to otherwise evaluate engineering | ||||||
20 | curricula and
submit to the Secretary Director a written | ||||||
21 | recommendation of acceptability of a
curriculum;
| ||||||
22 | (e) Submit a written recommendation to the Secretary | ||||||
23 | Director concerning
promulgation of rules as required in | ||||||
24 | Section 5 and to recommend to the
Secretary Director any | ||||||
25 | rules or amendments thereto for the administration of this
| ||||||
26 | Act;
|
| |||||||
| |||||||
1 | (f) Hold at least 3 regular meetings each year;
| ||||||
2 | (g) Elect annually a chairperson and a | ||||||
3 | vice-chairperson who shall be
professional engineers; and
| ||||||
4 | (h) Submit written comments to the Secretary Director | ||||||
5 | within 30 days from
notification of any final decision or | ||||||
6 | order from the Secretary Director that deviates
from any
| ||||||
7 | report or recommendation of the Board relating to the | ||||||
8 | qualification of
applicants, discipline of licensees or | ||||||
9 | registrants, or promulgation of rules.
| ||||||
10 | (Source: P.A. 91-92, eff. 1-1-00.)
| ||||||
11 | (225 ILCS 325/8) (from Ch. 111, par. 5208)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
13 | Sec. 8. Applications for licensure.
| ||||||
14 | (a) Applications for licensure
shall (1) be on forms | ||||||
15 | prescribed and furnished by the Department, (2) contain
| ||||||
16 | statements made under oath showing the applicant's education | ||||||
17 | and
a detailed summary of the applicant's technical work, and | ||||||
18 | (3) contain
references as required by the Department.
| ||||||
19 | (b) Applicants shall have obtained the education and | ||||||
20 | experience as
required in Section 10 or Section 11 prior to | ||||||
21 | submittal of application
for examination, except as provided in | ||||||
22 | subsection (b) of Section 11.
Allowable experience shall | ||||||
23 | commence at the date of the baccalaureate
degree, except:
| ||||||
24 | (1) Credit for one year of experience shall be given | ||||||
25 | for a graduate of
a baccalaureate curriculum providing a |
| |||||||
| |||||||
1 | cooperative program, which is
supervised industrial or | ||||||
2 | field experience of at least one academic year
which | ||||||
3 | alternates with periods of full-time academic training, | ||||||
4 | when such
program is certified by the university, or
| ||||||
5 | (2) Partial credit may be given
for professional | ||||||
6 | engineering experience as
defined by rule for employment | ||||||
7 | prior to receipt of a baccalaureate
degree if the | ||||||
8 | employment is full-time while the applicant is a
part-time | ||||||
9 | student
taking fewer than 12 hours per semester or 8 hours | ||||||
10 | per quarter
to earn the degree concurrent with the
| ||||||
11 | full-time engineering experience.
| ||||||
12 | (3) If an applicant files an application and supporting | ||||||
13 | documents
containing a material misstatement of | ||||||
14 | information or a
misrepresentation for the purpose of | ||||||
15 | obtaining licensure or
enrollment or if an applicant | ||||||
16 | performs
any fraud or deceit in taking any examination to | ||||||
17 | qualify for
licensure or enrollment
under this Act, the | ||||||
18 | Department may issue a rule of intent to deny
licensure or | ||||||
19 | enrollment
and may conduct a hearing in accordance
with | ||||||
20 | Sections 26 through 33 and Sections 37 and 38 of this Act.
| ||||||
21 | The Board may conduct oral interviews of any applicant | ||||||
22 | under Sections
10, 11, or 19 to assist in the evaluation of the | ||||||
23 | qualifications of the
applicant.
| ||||||
24 | It is the responsibility of the applicant to supplement the
| ||||||
25 | application, when requested by the Board, by provision of | ||||||
26 | additional
documentation of education, including transcripts, |
| |||||||
| |||||||
1 | course content and
credentials of the engineering college or | ||||||
2 | college granting related
science degrees, or of work experience | ||||||
3 | to permit the Board to determine
the qualifications of the | ||||||
4 | applicant. The Department may require an
applicant, at the | ||||||
5 | applicant's expense, to have an evaluation of the applicant's
| ||||||
6 | education in a foreign country by a nationally recognized | ||||||
7 | evaluating service educational body
approved by the Board in | ||||||
8 | accordance with rules prescribed by the Department.
| ||||||
9 | An applicant who graduated from an engineering program | ||||||
10 | outside the United
States or its territories and whose first | ||||||
11 | language is not English shall submit
certification of passage | ||||||
12 | of the Test of English as a Foreign Language (TOEFL)
and a test | ||||||
13 | of spoken English the Test of Spoken English (TSE) as defined | ||||||
14 | by rule.
| ||||||
15 | (Source: P.A. 91-92, eff. 1-1-00; 92-145, eff. 1-1-02.)
| ||||||
16 | (225 ILCS 325/9) (from Ch. 111, par. 5209)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
18 | Sec. 9. Licensure qualifications; Examinations; Failure or | ||||||
19 | refusal
to take examinations. Examinations provided for by this | ||||||
20 | Act shall be
conducted under rules prescribed by the | ||||||
21 | Department. Examinations shall
be held not less frequently than | ||||||
22 | semi-annually, at times and places
prescribed by the | ||||||
23 | Department, of which applicants shall be notified by
the | ||||||
24 | Department in writing.
| ||||||
25 | Examinations of the applicants who seek to practice |
| |||||||
| |||||||
1 | professional
engineering shall ascertain: (a) if the applicant | ||||||
2 | has an adequate
understanding of the basic and engineering | ||||||
3 | sciences, which shall embrace
subjects required of candidates | ||||||
4 | for an approved baccalaureate degree in
engineering, and (b) if | ||||||
5 | the training and experience of the applicant
have provided a | ||||||
6 | background for the application of the basic and
engineering | ||||||
7 | sciences to the solution of engineering problems. The
| ||||||
8 | Department may by rule prescribe additional subjects for | ||||||
9 | examination.
If an applicant neglects, fails to take without an | ||||||
10 | approved excuse , or refuses
to take the next available | ||||||
11 | examination offered for licensure under this
Act within 3 years | ||||||
12 | after filing the application, the fee paid by the
applicant | ||||||
13 | shall be forfeited and the application denied. If an
applicant | ||||||
14 | fails to pass an examination for licensure under this Act
| ||||||
15 | within 3 years after filing the application, the application | ||||||
16 | shall be
denied. However, such applicant may thereafter make a | ||||||
17 | new application
for examination, accompanied by the required | ||||||
18 | fee.
| ||||||
19 | (Source: P.A. 94-452, eff. 1-1-06.)
| ||||||
20 | (225 ILCS 325/11) (from Ch. 111, par. 5211)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
22 | Sec. 11.
Minimum standards for examination for enrollment | ||||||
23 | as
engineer intern. Each of the following is considered a | ||||||
24 | minimum standard
that an applicant must satisfy to qualify for | ||||||
25 | enrollment as an engineer
intern.
|
| |||||||
| |||||||
1 | (a) A graduate of an approved engineering curriculum of at | ||||||
2 | least 4
years, who has passed a nominal 8-hour written | ||||||
3 | examination in the
fundamentals of engineering, shall be | ||||||
4 | enrolled as an engineer intern, if
the applicant is otherwise | ||||||
5 | qualified; or
| ||||||
6 | (b) An applicant in the last year of an approved | ||||||
7 | engineering
curriculum who passes a nominal 8-hour written | ||||||
8 | examination in the
fundamentals of engineering and furnishes | ||||||
9 | proof that the applicant graduated within of graduation within | ||||||
10 | a
12 month period following the examination shall be enrolled
| ||||||
11 | as an engineer intern, if the applicant is otherwise qualified; | ||||||
12 | or
| ||||||
13 | (c) A graduate of a non-approved engineering curriculum or | ||||||
14 | a related
science curriculum, of at least 4 years meeting the | ||||||
15 | requirements as set
forth by rule, who submits acceptable | ||||||
16 | evidence to the Board of an
additional 4 years or more of | ||||||
17 | progressive experience in engineering
work, and who then passes | ||||||
18 | a nominal 8-hour written examination in the
fundamentals of | ||||||
19 | engineering shall be enrolled as an engineer intern, if
the | ||||||
20 | applicant is otherwise qualified.
| ||||||
21 | The examination of applicants under subsection (b) of this | ||||||
22 | Section
who fail to furnish proof of graduation within the | ||||||
23 | specified 12 month
period after the examination shall be voided | ||||||
24 | by the Department.
| ||||||
25 | (Source: P.A. 89-61, eff. 6-30-95.)
|
| |||||||
| |||||||
1 | (225 ILCS 325/14) (from Ch. 111, par. 5214)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
3 | Sec. 14. Seal. Every professional engineer shall
have a | ||||||
4 | seal or
stamp, the print of which shall
be reproducible and
| ||||||
5 | contain the name of the
professional engineer, the professional | ||||||
6 | engineer's license number, and
the words "Licensed | ||||||
7 | Professional Engineer of Illinois".
Any
reproducible stamp | ||||||
8 | heretofore authorized under the laws of this
state for use by a
| ||||||
9 | professional engineer, including those with the words | ||||||
10 | "Registered
Professional Engineer of Illinois",
shall serve | ||||||
11 | the same purpose as the seal provided
for by this Act. The | ||||||
12 | engineer shall be responsible for his seal and signature as | ||||||
13 | defined by rule
When technical submissions are prepared | ||||||
14 | utilizing a computer or other
electronic means, the seal may be | ||||||
15 | generated by the computer. Signatures
generated by computer | ||||||
16 | shall not be permitted .
| ||||||
17 | The use of a professional engineer's seal on technical | ||||||
18 | submissions
constitutes a representation by the professional | ||||||
19 | engineer that the work
has been prepared by or under the | ||||||
20 | personal supervision of the professional
engineer or developed | ||||||
21 | in conjunction with the use of accepted engineering
standards. | ||||||
22 | The use of the seal further represents that the work has been
| ||||||
23 | prepared and administered in accordance with the
standards of | ||||||
24 | reasonable professional skill and diligence.
| ||||||
25 | It is unlawful to affix one's seal to technical submissions | ||||||
26 | if
it masks the true identity of the person who actually |
| |||||||
| |||||||
1 | exercised
direction, control and supervision of the | ||||||
2 | preparation of such work. A
professional engineer who seals and | ||||||
3 | signs technical submissions is not
responsible for damage | ||||||
4 | caused by subsequent changes to or uses of those
technical | ||||||
5 | submissions, where the subsequent changes or uses, including
| ||||||
6 | changes or uses made by State or local governmental agencies, | ||||||
7 | are not
authorized or approved by the professional engineer who | ||||||
8 | originally
sealed and signed the technical submissions.
| ||||||
9 | (Source: P.A. 91-92, eff. 1-1-00; 92-145, eff. 1-1-02.)
| ||||||
10 | (225 ILCS 325/15) (from Ch. 111, par. 5215)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
12 | Sec. 15. Technical submissions. All technical submissions
| ||||||
13 | prepared by or under the personal supervision of a professional | ||||||
14 | engineer
shall bear that professional engineer's seal, | ||||||
15 | signature, and license
expiration date. The licensee's written | ||||||
16 | signature and date of signing,
along with the date of license | ||||||
17 | expiration, shall be placed adjacent to
the seal.
Computer | ||||||
18 | generated signatures are not permitted.
| ||||||
19 | The professional engineer who has contract responsibility | ||||||
20 | shall
seal a cover sheet of the technical submissions, and | ||||||
21 | those individual
portions of the technical submissions for | ||||||
22 | which the professional
engineer is legally and professionally | ||||||
23 | responsible. The professional
engineer practicing as the | ||||||
24 | support design professional shall seal
those individual | ||||||
25 | portions of technical submissions for which the
professional |
| |||||||
| |||||||
1 | engineer is legally and professionally responsible.
| ||||||
2 | All technical submissions intended for use in construction | ||||||
3 | in the
State of Illinois shall be prepared and administered in | ||||||
4 | accordance with
standards of reasonable professional skill and | ||||||
5 | diligence. Care shall be
taken to reflect the requirements of | ||||||
6 | State statutes and, where
applicable, county and municipal | ||||||
7 | ordinances in such documents.
In recognition that professional | ||||||
8 | engineers are licensed for the
protection of the public health, | ||||||
9 | safety and welfare, documents shall be
of such quality and | ||||||
10 | scope, and be so administered as to conform to
professional | ||||||
11 | standards.
| ||||||
12 | (Source: P.A. 91-92, eff. 1-1-00; 92-145, eff. 1-1-02.)
| ||||||
13 | (225 ILCS 325/16) (from Ch. 111, par. 5216)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
15 | Sec. 16. Issuance of license. Whenever the provisions of | ||||||
16 | this
Act have been complied with the Department may shall issue | ||||||
17 | a license as a
professional engineer and enroll the engineer | ||||||
18 | intern.
| ||||||
19 | Every holder of a license as a professional engineer shall | ||||||
20 | display
the license in a conspicuous place in the professional | ||||||
21 | engineer's
principal office.
| ||||||
22 | It is the professional engineer's and engineer intern's
| ||||||
23 | responsibility to inform the Department of any change of | ||||||
24 | address.
| ||||||
25 | (Source: P.A. 86-667.)
|
| |||||||
| |||||||
1 | (225 ILCS 325/17) (from Ch. 111, par. 5217)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
3 | Sec. 17.
Licensure; Renewal; Restoration; Person in | ||||||
4 | military
service. The expiration date and renewal period for | ||||||
5 | each professional
engineer license issued under this Act shall | ||||||
6 | be set by the Department
by rule. The
enrollment of an engineer | ||||||
7 | intern shall not expire.
| ||||||
8 | Any person whose
license has expired or whose license is on | ||||||
9 | inactive status may have such
license restored by making | ||||||
10 | application to the Department and filing
proof acceptable to | ||||||
11 | the Department of that person's fitness to have such
license | ||||||
12 | restored, which may include sworn evidence certifying to active
| ||||||
13 | practice in another jurisdiction satisfactory to the | ||||||
14 | Department and by
paying the required restoration fee.
If the | ||||||
15 | person has not maintained an active practice in another
| ||||||
16 | jurisdiction satisfactory to the Department, the Department | ||||||
17 | Board shall determine,
by an evaluation program established by | ||||||
18 | rule, the person's fitness to
resume active status and may | ||||||
19 | require the person to complete a period of
evaluated experience | ||||||
20 | and may require successful completion of the
principles and | ||||||
21 | practice examination.
| ||||||
22 | However, any person whose license expired while that person | ||||||
23 | was (1) in
Federal Service on active duty with the Armed Forces | ||||||
24 | of the United
States, or the State Militia called into service | ||||||
25 | or training, or (2) in
training or education under the |
| |||||||
| |||||||
1 | supervision of the United States
preliminary to induction into | ||||||
2 | the military service, may have such
license renewed or restored | ||||||
3 | without paying any lapsed renewal fees if,
within 2 years after | ||||||
4 | honorable termination of such service, training,
or education, | ||||||
5 | except under conditions other than honorable, the
Department is | ||||||
6 | furnished with satisfactory evidence that the person has
been | ||||||
7 | so engaged and has maintained professional competence and that | ||||||
8 | such
service, training or education has been so terminated.
| ||||||
9 | Each application
for renewal shall contain the original | ||||||
10 | seal and signature of the
professional engineer. Applicants for | ||||||
11 | renewal or restoration shall
certify that all conditions of | ||||||
12 | their license meet the requirements of
the Illinois | ||||||
13 | Professional Engineering Practice Act of 1989.
| ||||||
14 | (Source: P.A. 89-61, eff. 6-30-95.)
| ||||||
15 | (225 ILCS 325/19) (from Ch. 111, par. 5219)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
17 | Sec. 19. Endorsement. The Department may, upon the | ||||||
18 | recommendation
of the Board, license as a professional | ||||||
19 | engineer,
on payment of the required fee, an applicant who is a | ||||||
20 | professional
engineer registered or licensed under the laws of | ||||||
21 | another state or
territory of the United States or the District | ||||||
22 | of Columbia or parties to the
North American Free Trade | ||||||
23 | Agreement
if the
applicant qualifies under Section 8 and | ||||||
24 | Section 10 of this Act, or if the
qualifications of the | ||||||
25 | applicant were at the time of registration or
licensure in |
| |||||||
| |||||||
1 | another jurisdiction substantially equal to the
requirements | ||||||
2 | in force in this State on that date.
| ||||||
3 | The Department may refuse to endorse by comity the | ||||||
4 | applicants from any
state, District of Columbia or territory if | ||||||
5 | the requirements for
registration or licensure in such | ||||||
6 | jurisdiction are not substantially
equal to the requirements of | ||||||
7 | this Act.
| ||||||
8 | Applicants have 3 years from the date of application to | ||||||
9 | complete the
application process. If the process has not been | ||||||
10 | completed during the 3
year time frame, the application shall | ||||||
11 | be denied, the fee forfeited and
the applicant must reapply and | ||||||
12 | meet the requirements in effect at the
time of reapplication.
| ||||||
13 | (Source: P.A. 88-595, eff. 8-26-94; 89-61, eff. 6-30-95.)
| ||||||
14 | (225 ILCS 325/21) (from Ch. 111, par. 5221)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
16 | Sec. 21. Rosters. The Department shall maintain a roster of | ||||||
17 | the names and
addresses of all professional engineers and | ||||||
18 | professional design firms,
partnerships, and corporations | ||||||
19 | licensed or registered under this Act. This
roster shall be | ||||||
20 | available upon written request and payment of the required fee.
| ||||||
21 | (Source: P.A. 88-428.)
| ||||||
22 | (225 ILCS 325/24) (from Ch. 111, par. 5224)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
24 | Sec. 24.
Rules of professional conduct; disciplinary or
|
| |||||||
| |||||||
1 | administrative
action.
| ||||||
2 | (a) The Department shall adopt rules setting standards of | ||||||
3 | professional
conduct and establish appropriate
penalty for the | ||||||
4 | breach of such rules.
| ||||||
5 | (a-1) The Department may, singularly or in combination,
| ||||||
6 | refuse to issue, restore, or renew a license or registration, | ||||||
7 | revoke or
suspend a license or registration, or place on | ||||||
8 | probation,
reprimand,
or
impose a civil penalty not to exceed | ||||||
9 | $10,000 upon any person, corporation,
partnership, or | ||||||
10 | professional design firm licensed or registered under
this Act | ||||||
11 | for any one or combination of the following:
| ||||||
12 | (1) Material misstatement in furnishing information to | ||||||
13 | the
Department.
| ||||||
14 | (2) Failure to comply with any provisions of this Act | ||||||
15 | or any of its
rules.
| ||||||
16 | (3) Conviction of any crime under the laws of the | ||||||
17 | United States, or
any state or territory thereof, which is | ||||||
18 | a felony, whether related to
practice or not, or conviction | ||||||
19 | of any crime, whether a felony,
misdemeanor, or otherwise, | ||||||
20 | an essential element of which is dishonesty
or which is | ||||||
21 | directly related to the practice of engineering.
| ||||||
22 | (4) Making any misrepresentation for the purpose of | ||||||
23 | obtaining
licensure, or in applying for restoration or | ||||||
24 | renewal; or practice of any
fraud or deceit in taking any | ||||||
25 | examination to qualify for licensure under
this Act.
| ||||||
26 | (5) Purposefully making false statements or signing |
| |||||||
| |||||||
1 | false statements,
certificates, or affidavits to induce | ||||||
2 | payment.
| ||||||
3 | (6) Negligence, incompetence or misconduct in the | ||||||
4 | practice of professional
engineering as a licensed | ||||||
5 | professional engineer or in working as an engineer
intern.
| ||||||
6 | (7) Aiding or assisting another person in violating any | ||||||
7 | provision of
this Act or its rules.
| ||||||
8 | (8) Failing to provide information in response to a | ||||||
9 | written request
made by the Department within 30 days after | ||||||
10 | receipt of such written
request.
| ||||||
11 | (9) Engaging in dishonorable, unethical or | ||||||
12 | unprofessional conduct of a
character likely to deceive, | ||||||
13 | defraud or harm the public.
| ||||||
14 | (10) Habitual intoxication or addiction to the use of | ||||||
15 | drugs.
| ||||||
16 | (11) Discipline by the United States Government, | ||||||
17 | another state,
District of Columbia, territory, foreign | ||||||
18 | nation or government agency, if
at least one of the grounds | ||||||
19 | for the discipline is the same or
substantially equivalent | ||||||
20 | to those set forth in this Act.
| ||||||
21 | (12) Directly or indirectly giving to or receiving from | ||||||
22 | any person,
firm, corporation, partnership or association | ||||||
23 | any fee, commission,
rebate or other form of compensation | ||||||
24 | for any professional services not
actually or personally | ||||||
25 | rendered.
| ||||||
26 | (13) A finding by the Board that
an applicant or |
| |||||||
| |||||||
1 | registrant has failed to pay a fine imposed
by the | ||||||
2 | Department, a registrant
whose license has been
placed on | ||||||
3 | probationary status has violated the terms of probation, or | ||||||
4 | a
registrant has practiced on an expired, inactive, | ||||||
5 | suspended, or
revoked license.
| ||||||
6 | (14) Signing, affixing the professional engineer's | ||||||
7 | seal or permitting
the professional engineer's seal to be | ||||||
8 | affixed to any technical
submissions not prepared as | ||||||
9 | required by Section 14 or completely reviewed by
the | ||||||
10 | professional engineer or under the professional engineer's | ||||||
11 | direct
supervision.
| ||||||
12 | (15) Physical illness, including but not limited to | ||||||
13 | deterioration
through the aging process or loss of motor | ||||||
14 | skill, which results in the
inability to practice the | ||||||
15 | profession with reasonable judgment, skill or
safety.
| ||||||
16 | (16) The making of a statement pursuant to the | ||||||
17 | Environmental Barriers
Act that a plan for construction or | ||||||
18 | alteration of a public facility or
for construction of a | ||||||
19 | multi-story housing unit is in compliance with the
| ||||||
20 | Environmental Barriers Act when such plan is not in | ||||||
21 | compliance.
| ||||||
22 | (17) (Blank). | ||||||
23 | Failing to file a return, or to pay the tax, penalty | ||||||
24 | or interest
shown in a filed return, or to pay any final | ||||||
25 | assessment of tax, penalty
or interest as required by a tax | ||||||
26 | Act administered by the Illinois
Department of Revenue, |
| |||||||
| |||||||
1 | until such time as the requirements of any such
tax Act are | ||||||
2 | satisfied.
| ||||||
3 | (18) Failure to file a return, pay the tax, penalty, or | ||||||
4 | interest shown in a filed return, or pay any final | ||||||
5 | assessment of tax, penalty, or interest as required by any | ||||||
6 | tax Act administered by the Department of Revenue, until | ||||||
7 | such time as the requirements of the tax Act are satisfied | ||||||
8 | in accordance with subsection (g) of Section 15 of the | ||||||
9 | Department of Professional Regulation Law of the Civil | ||||||
10 | Administrative Code of Illinois (20 ILCS 2105/2105-15). | ||||||
11 | (a-3) The Department shall deny a license or renewal | ||||||
12 | authorized by this Act to a person who has defaulted on an | ||||||
13 | educational loan or scholarship provided or guaranteed by the | ||||||
14 | Illinois Student Assistance Commission or any governmental | ||||||
15 | agency of this State in accordance with subdivision (a)(5) of | ||||||
16 | Section 15 of the Department of Professional Regulation Law of | ||||||
17 | the Civil Administrative Code of Illinois (20 ILCS | ||||||
18 | 2105/2105-15). In cases where the Department of Healthcare and | ||||||
19 | Family Services (formerly the Department of Public Aid) has | ||||||
20 | previously determined that a licensee or a potential licensee | ||||||
21 | is more than 30 days delinquent in the payment of child support | ||||||
22 | and has subsequently certified the delinquency to the | ||||||
23 | Department, the Department may refuse to issue or renew or may | ||||||
24 | revoke or suspend that person's license or may take other | ||||||
25 | disciplinary action against that person based solely upon the | ||||||
26 | certification of delinquency made by the Department of |
| |||||||
| |||||||
1 | Healthcare and Family Services in accordance with subdivision | ||||||
2 | (a)(5) of Section 15 of the Department of Professional | ||||||
3 | Regulation Law of the Civil Administrative Code of Illinois (20 | ||||||
4 | ILCS 2105/2105-15). | ||||||
5 | (a-5) In enforcing this Section, the Department or Board, | ||||||
6 | upon a showing of a possible violation, may order a licensee or | ||||||
7 | applicant to submit to a mental or physical examination, or | ||||||
8 | both, at the expense of the Department. The Department or Board | ||||||
9 | may order the examining physician to present testimony | ||||||
10 | concerning his or her examination of the licensee or applicant. | ||||||
11 | No information shall be excluded by reason of any common law or | ||||||
12 | statutory privilege relating to communications between the | ||||||
13 | licensee or applicant and the examining physician. The | ||||||
14 | examining physicians shall be specifically designated by the | ||||||
15 | Board or Department. The licensee or applicant may have, at his | ||||||
16 | or her own expense, another physician of his or her choice | ||||||
17 | present during all aspects of the examination. Failure of a | ||||||
18 | licensee or applicant to submit to any such examination when | ||||||
19 | directed, without reasonable cause as defined by rule, shall be | ||||||
20 | grounds for either the immediate suspension of his or her | ||||||
21 | license or immediate denial of his or her application. | ||||||
22 | If the Secretary immediately suspends the license of a | ||||||
23 | licensee for his or her failure to submit to a mental or | ||||||
24 | physical examination when directed, a hearing must be convened | ||||||
25 | by the Department within 15 days after the suspension and | ||||||
26 | completed without appreciable delay. |
| |||||||
| |||||||
1 | If the Secretary otherwise suspends a license pursuant to | ||||||
2 | the results of the licensee's mental or physical examination, a | ||||||
3 | hearing must be convened by the Department within 15 days after | ||||||
4 | the suspension and completed without appreciable delay. The | ||||||
5 | Department and Board shall have the authority to review the | ||||||
6 | licensee's record of treatment and counseling regarding the | ||||||
7 | relevant impairment or impairments to the extent permitted by | ||||||
8 | applicable federal statutes and regulations safeguarding the | ||||||
9 | confidentiality of medical records. | ||||||
10 | Any licensee suspended under this subsection (a-5) shall be | ||||||
11 | afforded an opportunity to demonstrate to the Department or | ||||||
12 | Board that he or she can resume practice in compliance with the | ||||||
13 | acceptable and prevailing standards under the provisions of his | ||||||
14 | or her license. | ||||||
15 | In enforcing this Section, the Board upon a showing of a | ||||||
16 | possible
violation may compel a person licensed to practice | ||||||
17 | under this Act, or who has
applied for licensure or | ||||||
18 | certification pursuant to this Act, to submit to a
mental or | ||||||
19 | physical examination, or both, as required by and at the | ||||||
20 | expense of
the Department. The examining physicians shall be | ||||||
21 | those specifically
designated by the Board. The Board or the | ||||||
22 | Department may order the examining
physician to present | ||||||
23 | testimony concerning this mental or physical examination
of the | ||||||
24 | licensee or applicant. No information shall be excluded by | ||||||
25 | reason of
any common law or statutory privilege relating to | ||||||
26 | communications between the
licensee or applicant and the |
| |||||||
| |||||||
1 | examining physician. The person to be examined
may have, at his | ||||||
2 | or her own expense, another physician of his or her choice
| ||||||
3 | present during all aspects of the examination. Failure of any | ||||||
4 | person to submit
to a mental or physical examination, when | ||||||
5 | directed, shall be grounds for
suspension of a license until | ||||||
6 | the person submits to the examination if the
Board
finds, after | ||||||
7 | notice and hearing, that the refusal to submit to the | ||||||
8 | examination
was
without reasonable cause.
| ||||||
9 | If the Board finds a person unable to practice because of | ||||||
10 | the reasons set
forth in this Section, the Board may require | ||||||
11 | that person to submit to care,
counseling, or treatment by | ||||||
12 | physicians approved or designated by the Board as
a condition, | ||||||
13 | term, or restriction for continued, reinstated, or renewed
| ||||||
14 | licensure to practice; or, in lieu of care, counseling, or | ||||||
15 | treatment, the Board
may recommend to the Department to file a | ||||||
16 | complaint to immediately suspend,
revoke, or otherwise | ||||||
17 | discipline the license of the person. Any person whose
license | ||||||
18 | was granted, continued, reinstated, renewed, disciplined, or | ||||||
19 | supervised
subject to such terms, conditions, or restrictions | ||||||
20 | and who fails to comply
with such terms, conditions, or | ||||||
21 | restrictions shall be referred to the Director
for a | ||||||
22 | determination as to whether the person shall have his or her | ||||||
23 | license
suspended immediately, pending a hearing by the Board.
| ||||||
24 | (b) (Blank). The determination by a circuit court that a | ||||||
25 | registrant is subject
to involuntary admission or judicial | ||||||
26 | admission as provided in the Mental
Health and Developmental |
| |||||||
| |||||||
1 | Disabilities Code, as now or hereafter amended,
operates as an | ||||||
2 | automatic suspension. Such suspension will end only upon
a | ||||||
3 | finding by a court that the patient is no longer subject to
| ||||||
4 | involuntary admission or judicial admission, the issuance of an | ||||||
5 | order
so finding and discharging the patient, and the | ||||||
6 | recommendation of the Board to
the Director that the registrant | ||||||
7 | be allowed to resume practice.
| ||||||
8 | (Source: P.A. 91-92, eff. 1-1-00; 92-145, eff. 1-1-02.)
| ||||||
9 | (225 ILCS 325/26) (from Ch. 111, par. 5226)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
11 | Sec. 26. Investigations; notice and hearing. The | ||||||
12 | Department may
investigate the actions of any applicant or of | ||||||
13 | any person or entity
holding or claiming to hold a license or | ||||||
14 | registration or offering professional
engineering services. | ||||||
15 | Before the initiation of an investigation, the matter
shall be | ||||||
16 | reviewed by a subcommittee of the Board according to procedure
| ||||||
17 | established by rule for the Complaint Committee. The Department | ||||||
18 | shall,
before refusing to issue, restore or renew a license or | ||||||
19 | registration or
otherwise discipline a licensee or registrant, | ||||||
20 | at least 30 days prior to the
date set for the hearing, notify | ||||||
21 | in writing the applicant for, or holder of, a
license or | ||||||
22 | registration of the nature of the charges, that a hearing will | ||||||
23 | be
held on the date designated, and direct the applicant or | ||||||
24 | entity or licensee or
registrant to file a written answer to | ||||||
25 | the Department Board under oath within 20 days
after the |
| |||||||
| |||||||
1 | service of the notice and inform the applicant or entity or | ||||||
2 | licensee
or registrant that failure to file an answer will | ||||||
3 | result in default being taken
against the applicant or entity | ||||||
4 | or licensee or registrant and that the license
or certificate | ||||||
5 | may be suspended, revoked, placed on probationary status, or
| ||||||
6 | other disciplinary action may be taken, including limiting the | ||||||
7 | scope, nature or
extent of practice, as the Secretary Director | ||||||
8 | may deem proper. Written notice may be
served by personal | ||||||
9 | delivery or certified or registered mail to the respondent
at | ||||||
10 | the address of record currently on file with the Department. In | ||||||
11 | case the person or
entity fails to file an answer after | ||||||
12 | receiving notice, his or her license or
certificate may, in the | ||||||
13 | discretion of the Department, be suspended, revoked, or
placed | ||||||
14 | on probationary status, or the Department may take whatever | ||||||
15 | disciplinary
action deemed proper, including limiting the | ||||||
16 | scope, nature, or extent of the
person's practice or the | ||||||
17 | imposition of a fine, without a hearing, if the act or
acts | ||||||
18 | charged constitute sufficient grounds for such action under | ||||||
19 | this Act. At
the time and place fixed in the notice, the Board | ||||||
20 | shall proceed to hear the
charges and the parties or their | ||||||
21 | counsel shall be accorded ample opportunity to
present such | ||||||
22 | statements, testimony, evidence and argument as may be | ||||||
23 | pertinent
to the charges or to their defense. The Board may | ||||||
24 | continue the hearing from
time to time.
| ||||||
25 | (Source: P.A. 87-1031; 88-428.)
|
| |||||||
| |||||||
1 | (225 ILCS 325/29) (from Ch. 111, par. 5229)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
3 | Sec. 29. Notice of hearing; Findings and recommendations. | ||||||
4 | At
the conclusion of the hearing, the Board shall present to | ||||||
5 | the Secretary Director a
written report of its finding and | ||||||
6 | recommendations. The report shall
contain a finding whether or | ||||||
7 | not the accused person violated this Act or
its rules or failed | ||||||
8 | to comply with the conditions required in this Act
or its | ||||||
9 | rules. The Board shall specify the nature of the violation or
| ||||||
10 | failure to comply, and shall make its recommendations to the | ||||||
11 | Secretary Director . The
Board may take into consideration in | ||||||
12 | making its recommendations for
discipline all facts and | ||||||
13 | circumstances bearing upon the reasonableness of
the conduct of | ||||||
14 | the respondent and the potential for future harm to the
public, | ||||||
15 | including but not limited to previous discipline by the | ||||||
16 | Department,
intent, degree of harm to the public and likelihood | ||||||
17 | of harm in the future,
any restitution made, and whether the | ||||||
18 | incident or incidents complained of
appear to be isolated or a | ||||||
19 | pattern of conduct. In making its
recommendations for | ||||||
20 | discipline, the Board shall endeavor to ensure that the
| ||||||
21 | severity of the discipline recommended bears some reasonable | ||||||
22 | relationship
to the severity of the violation. The report of | ||||||
23 | findings of fact,
conclusions of law and recommendation of the | ||||||
24 | Board shall be the basis for
the Department's order refusing to | ||||||
25 | issue, restore or renew a license, or
otherwise discipline a | ||||||
26 | registrant. If the Secretary Director disagrees in any regard
|
| |||||||
| |||||||
1 | with the report of the Board, the Secretary Director may issue | ||||||
2 | an order in
contravention thereof, following the procedures set | ||||||
3 | forth in Section 7.
The Secretary Director shall provide a | ||||||
4 | written report to the Board on any deviation,
and shall specify | ||||||
5 | with particularity the reasons for said action. The
finding is | ||||||
6 | not admissible in evidence against the person in a criminal
| ||||||
7 | prosecution brought for the violation of this Act, but the | ||||||
8 | hearing and
finding are not a bar to a criminal prosecution | ||||||
9 | brought for the violation
of this Act.
| ||||||
10 | (Source: P.A. 86-667.)
| ||||||
11 | (225 ILCS 325/31) (from Ch. 111, par. 5231)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
13 | Sec. 31. Secretary Director ; Rehearing. Whenever the | ||||||
14 | Secretary Director is not
satisfied that substantial justice | ||||||
15 | has been done in the refusal to
issue, restore or renew a | ||||||
16 | license, or otherwise discipline a registrant,
the Secretary | ||||||
17 | Director may order a rehearing by the same or other examiners.
| ||||||
18 | (Source: P.A. 86-667.)
| ||||||
19 | (225 ILCS 325/32) (from Ch. 111, par. 5232)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
21 | Sec. 32. Appointment of a hearing officer. Notwithstanding | ||||||
22 | the provisions
of Section 26, the Secretary Director has the | ||||||
23 | authority to appoint any attorney
duly registered to practice | ||||||
24 | law in the State of Illinois to serve as the
hearing officer in |
| |||||||
| |||||||
1 | any action for refusal to issue, restore or renew a
license or | ||||||
2 | to discipline a registrant. The hearing officer has full
| ||||||
3 | authority to conduct the hearing. The hearing officer shall | ||||||
4 | report the
findings and recommendations to the Board and the | ||||||
5 | Secretary Director . The Board
has 60 days from receipt of the | ||||||
6 | report to review the report of the
hearing officer and present | ||||||
7 | its findings of fact, conclusions of law and
recommendations to | ||||||
8 | the Secretary Director . If the Board fails to present its
| ||||||
9 | report within the 60 day period, the Secretary Director shall | ||||||
10 | issue an order based
on the report of the hearing officer | ||||||
11 | except as herein noted. However,
if the Secretary Director | ||||||
12 | disagrees in any regard with the report of the Board or
hearing | ||||||
13 | officer, the Secretary Director may issue an order in | ||||||
14 | contravention
thereof, following the procedures set forth in | ||||||
15 | Section 7. The Secretary
Director shall provide a written | ||||||
16 | report to the Board on any deviation,
and shall specify with | ||||||
17 | particularity the reasons for said action.
| ||||||
18 | (Source: P.A. 86-667.)
| ||||||
19 | (225 ILCS 325/33) (from Ch. 111, par. 5233)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
21 | Sec. 33. Order or certified copy; Prima facie proof. An | ||||||
22 | order
or a certified copy thereof, over the seal of the | ||||||
23 | Department and
purporting to be signed by the Secretary | ||||||
24 | Director , shall be prima facie proof:
| ||||||
25 | (a) That such signature is the genuine signature of the |
| |||||||
| |||||||
1 | Secretary Director ;
| ||||||
2 | (b) That such Secretary Director is duly appointed and | ||||||
3 | qualified; and
| ||||||
4 | (c) That the Board and the members thereof are qualified to | ||||||
5 | act.
| ||||||
6 | (Source: P.A. 86-667.)
| ||||||
7 | (225 ILCS 325/34) (from Ch. 111, par. 5234)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
9 | Sec. 34. Restoration of suspended or revoked license. At | ||||||
10 | any
time after the suspension or revocation of any license, the | ||||||
11 | Department
may restore it to the accused person, upon the | ||||||
12 | written recommendation of
the Board, unless after an | ||||||
13 | investigation and a hearing, the Department Board
determines | ||||||
14 | that restoration is not in the public interest.
| ||||||
15 | (Source: P.A. 86-667.)
| ||||||
16 | (225 ILCS 325/36) (from Ch. 111, par. 5236)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
18 | Sec. 36. Temporary suspension of a license. The Secretary | ||||||
19 | Director may
temporarily suspend the license of a professional | ||||||
20 | engineer without a
hearing, simultaneously with the | ||||||
21 | institution of proceedings for a
hearing provided for in | ||||||
22 | Section 26 of this Act, if the Secretary Director finds
that | ||||||
23 | evidence in the Secretary's Director's possession indicates | ||||||
24 | that a professional
engineer's continuation in practice would |
| |||||||
| |||||||
1 | constitute an imminent danger
to the public. In the event that | ||||||
2 | the Secretary Director temporarily suspends the
license of a | ||||||
3 | professional engineer without a hearing, a hearing by the
Board | ||||||
4 | must be held within 30 days after such suspension has occurred.
| ||||||
5 | (Source: P.A. 86-667.)
| ||||||
6 | (225 ILCS 325/42) (from Ch. 111, par. 5242)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
8 | Sec. 42. Civil penalties.
| ||||||
9 | (1) In addition to any other penalty provided by law, any | ||||||
10 | person, sole
proprietorship, professional service corporation, | ||||||
11 | limited liability company,
partnership, or other entity
who
| ||||||
12 | violates Section 40 of this Act shall forfeit and pay to the | ||||||
13 | Design
Professionals Administration and Investigation Fund a | ||||||
14 | civil penalty in an
amount determined by the Department of not | ||||||
15 | more than $10,000 $5,000 for
each offense. The penalty shall be | ||||||
16 | assessed in proceedings as provided in
Sections 26 through 33 | ||||||
17 | and Section 37 of this Act.
| ||||||
18 | (2) Unless the amount of the penalty is paid within 60 days | ||||||
19 | after the
order becomes final, the order shall constitute a | ||||||
20 | judgment and shall be
filed and execution issued thereon in the | ||||||
21 | same manner as the judgment of
a court of record.
| ||||||
22 | (Source: P.A. 88-595, eff. 8-26-94; 89-61, eff. 6-30-95.)
| ||||||
23 | (225 ILCS 325/43) (from Ch. 111, par. 5243)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2010)
|
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1 | Sec. 43. Consent order. At any point in the proceedings as
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | provided in Sections 25 through 33 and Section 37, both parties | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | may
agree to a negotiated consent order. The consent order | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | shall be final
upon signature of the Secretary Director .
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | (Source: P.A. 86-667.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | Section 99. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | becoming law.
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|