Bill Text: IL HB2145 | 2023-2024 | 103rd General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the introduced bill but with the following changes: Further amends the Department of Professional Regulation Law, the Asbestos Abatement Act, the Lead Poisoning Prevention Act, and the Illinois Plumbing License Law by adding cross-references to those provisions of the Workers' Compensation Act that concern an employer's obligation to annually file with the Illinois Workers' Compensation Commission an application for approval as a self-insurer and a current financial statement. In various provisions concerning licensing, provides that no license shall be suspended or revoked until after the licensee is afforded any due process protection guaranteed by statute or rule adopted by the Workers' Compensation Commission or the Department of Insurance. Effective January 1, 2024.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2023-06-09 - Public Act . . . . . . . . . 103-0026 [HB2145 Detail]
Download: Illinois-2023-HB2145-Engrossed.html
Bill Title: Reinserts the provisions of the introduced bill but with the following changes: Further amends the Department of Professional Regulation Law, the Asbestos Abatement Act, the Lead Poisoning Prevention Act, and the Illinois Plumbing License Law by adding cross-references to those provisions of the Workers' Compensation Act that concern an employer's obligation to annually file with the Illinois Workers' Compensation Commission an application for approval as a self-insurer and a current financial statement. In various provisions concerning licensing, provides that no license shall be suspended or revoked until after the licensee is afforded any due process protection guaranteed by statute or rule adopted by the Workers' Compensation Commission or the Department of Insurance. Effective January 1, 2024.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2023-06-09 - Public Act . . . . . . . . . 103-0026 [HB2145 Detail]
Download: Illinois-2023-HB2145-Engrossed.html
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1 | AN ACT concerning State government.
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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 Department of Professional Regulation Law | ||||||
5 | of the
Civil Administrative Code of Illinois is amended by | ||||||
6 | changing Sections 2105-15 and 2105-207 as follows:
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7 | (20 ILCS 2105/2105-15)
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8 | Sec. 2105-15. General powers and duties.
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9 | (a) The Department has, subject to the provisions of the | ||||||
10 | Civil
Administrative Code of Illinois, the following powers | ||||||
11 | and duties:
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12 | (1) To authorize examinations in English to ascertain | ||||||
13 | the qualifications
and fitness of applicants to exercise | ||||||
14 | the profession, trade, or occupation for
which the | ||||||
15 | examination is held.
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16 | (2) To prescribe rules and regulations for a fair and | ||||||
17 | wholly
impartial method of examination of candidates to | ||||||
18 | exercise the respective
professions, trades, or | ||||||
19 | occupations.
| ||||||
20 | (3) To pass upon the qualifications of applicants for | ||||||
21 | licenses,
certificates, and authorities, whether by | ||||||
22 | examination, by reciprocity, or by
endorsement.
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23 | (4) To prescribe rules and regulations defining, for |
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1 | the
respective
professions, trades, and occupations, what | ||||||
2 | shall constitute a school,
college, or university, or | ||||||
3 | department of a university, or other
institution, | ||||||
4 | reputable and in good standing, and to determine the
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5 | reputability and good standing of a school, college, or | ||||||
6 | university, or
department of a university, or other | ||||||
7 | institution, reputable and in good
standing, by reference | ||||||
8 | to a compliance with those rules and regulations;
| ||||||
9 | provided, that no school, college, or university, or | ||||||
10 | department of a
university, or other institution that | ||||||
11 | refuses admittance to applicants
solely on account of | ||||||
12 | race, color, creed, sex, sexual orientation, or national | ||||||
13 | origin shall be
considered reputable and in good standing.
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14 | (5) To conduct hearings on proceedings to revoke, | ||||||
15 | suspend, refuse to
renew, place on probationary status, or | ||||||
16 | take other disciplinary action
as authorized in any | ||||||
17 | licensing Act administered by the Department
with regard | ||||||
18 | to licenses, certificates, or authorities of persons
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19 | exercising the respective professions, trades, or | ||||||
20 | occupations and to
revoke, suspend, refuse to renew, place | ||||||
21 | on probationary status, or take
other disciplinary action | ||||||
22 | as authorized in any licensing Act
administered by the | ||||||
23 | Department with regard to those licenses,
certificates, or | ||||||
24 | authorities. | ||||||
25 | The Department shall issue a monthly
disciplinary | ||||||
26 | report. |
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1 | The Department shall refuse to issue or renew a | ||||||
2 | license to,
or shall suspend or revoke a license of, any | ||||||
3 | person who, after receiving
notice, fails to comply with a | ||||||
4 | subpoena or warrant relating to a paternity or
child | ||||||
5 | support proceeding. However, the Department may issue a | ||||||
6 | license or
renewal upon compliance with the subpoena or | ||||||
7 | warrant.
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8 | The Department, without further process or hearings, | ||||||
9 | shall revoke, suspend,
or deny any license or renewal | ||||||
10 | authorized by the Civil Administrative Code of
Illinois to | ||||||
11 | a person who is certified by the Department of Healthcare | ||||||
12 | and Family Services (formerly Illinois Department of | ||||||
13 | Public Aid)
as being more than 30 days delinquent in | ||||||
14 | complying with a child support order
or who is certified | ||||||
15 | by a court as being in violation of the Non-Support
| ||||||
16 | Punishment Act for more than 60 days. The Department may, | ||||||
17 | however, issue a
license or renewal if the person has | ||||||
18 | established a satisfactory repayment
record as determined | ||||||
19 | by the Department of Healthcare and Family Services | ||||||
20 | (formerly
Illinois Department of Public Aid) or if the | ||||||
21 | person
is determined by the court to be in compliance with | ||||||
22 | the Non-Support Punishment
Act. The Department may | ||||||
23 | implement this paragraph as added by Public Act 89-6
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24 | through the use of emergency rules in accordance with | ||||||
25 | Section 5-45 of the
Illinois Administrative Procedure Act. | ||||||
26 | For purposes of the Illinois
Administrative Procedure Act, |
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1 | the adoption of rules to implement this
paragraph shall be | ||||||
2 | considered an emergency and necessary for the public
| ||||||
3 | interest, safety, and welfare.
| ||||||
4 | (6) To transfer jurisdiction of any realty under the | ||||||
5 | control of the
Department to any other department of the | ||||||
6 | State Government or to acquire
or accept federal lands | ||||||
7 | when the transfer, acquisition, or acceptance is
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8 | advantageous to the State and is approved in writing by | ||||||
9 | the Governor.
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10 | (7) To formulate rules and regulations necessary for | ||||||
11 | the enforcement of
any Act administered by the Department.
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12 | (8) To exchange with the Department of Healthcare and | ||||||
13 | Family Services information
that may be necessary for the | ||||||
14 | enforcement of child support orders entered
pursuant to | ||||||
15 | the Illinois Public Aid Code, the Illinois Marriage and | ||||||
16 | Dissolution
of Marriage Act, the Non-Support of Spouse and | ||||||
17 | Children Act, the Non-Support
Punishment Act, the Revised | ||||||
18 | Uniform Reciprocal Enforcement of Support Act, the
Uniform | ||||||
19 | Interstate Family Support Act, the Illinois Parentage Act | ||||||
20 | of 1984, or the Illinois Parentage Act of 2015.
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21 | Notwithstanding any provisions in this Code to the | ||||||
22 | contrary, the Department of
Professional Regulation shall | ||||||
23 | not be liable under any federal or State law to
any person | ||||||
24 | for any disclosure of information to the Department of | ||||||
25 | Healthcare and Family Services (formerly Illinois | ||||||
26 | Department of
Public Aid)
under this paragraph (8) or for |
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1 | any other action taken in good faith
to comply with the | ||||||
2 | requirements of this paragraph (8).
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3 | (8.3) To exchange information with the Department of | ||||||
4 | Human Rights regarding recommendations received under | ||||||
5 | paragraph (B) of Section 8-109 of the Illinois Human | ||||||
6 | Rights Act regarding a licensee or candidate for licensure | ||||||
7 | who has committed a civil rights violation that may lead | ||||||
8 | to the refusal, suspension, or revocation of a license | ||||||
9 | from the Department. | ||||||
10 | (8.5) To accept continuing education credit for | ||||||
11 | mandated reporter training on how to recognize and report | ||||||
12 | child abuse offered by the Department of Children and | ||||||
13 | Family Services and completed by any person who holds a | ||||||
14 | professional license issued by the Department and who is a | ||||||
15 | mandated reporter under the Abused and Neglected Child | ||||||
16 | Reporting Act. The Department shall adopt any rules | ||||||
17 | necessary to implement this paragraph. | ||||||
18 | (9) To perform other duties prescribed
by law.
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19 | (a-5) Except in cases involving delinquency in complying | ||||||
20 | with a child support order or violation of the Non-Support | ||||||
21 | Punishment Act and notwithstanding anything that may appear in | ||||||
22 | any individual licensing Act or administrative rule, no person | ||||||
23 | or entity whose license, certificate, or authority has been | ||||||
24 | revoked as authorized in any licensing Act administered by the | ||||||
25 | Department may apply for restoration of that license, | ||||||
26 | certification, or authority until 3 years after the effective |
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1 | date of the revocation. | ||||||
2 | (b) (Blank).
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3 | (c) For the purpose of securing and preparing evidence, | ||||||
4 | and for the purchase
of controlled substances, professional | ||||||
5 | services, and equipment necessary for
enforcement activities, | ||||||
6 | recoupment of investigative costs, and other activities
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7 | directed at suppressing the misuse and abuse of controlled | ||||||
8 | substances,
including those activities set forth in Sections | ||||||
9 | 504 and 508 of the Illinois
Controlled Substances Act, the | ||||||
10 | Director and agents appointed and authorized by
the Director | ||||||
11 | may expend sums from the Professional Regulation Evidence Fund
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12 | that the Director deems necessary from the amounts | ||||||
13 | appropriated for that
purpose. Those sums may be advanced to | ||||||
14 | the agent when the Director deems that
procedure to be in the | ||||||
15 | public interest. Sums for the purchase of controlled
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16 | substances, professional services, and equipment necessary for | ||||||
17 | enforcement
activities and other activities as set forth in | ||||||
18 | this Section shall be advanced
to the agent who is to make the | ||||||
19 | purchase from the Professional Regulation
Evidence Fund on | ||||||
20 | vouchers signed by the Director. The Director and those
agents | ||||||
21 | are authorized to maintain one or more commercial checking | ||||||
22 | accounts with
any State banking corporation or corporations | ||||||
23 | organized under or subject to the
Illinois Banking Act for the | ||||||
24 | deposit and withdrawal of moneys to be used for
the purposes | ||||||
25 | set forth in this Section; provided, that no check may be | ||||||
26 | written
nor any withdrawal made from any such account except |
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1 | upon the written
signatures of 2 persons designated by the | ||||||
2 | Director to write those checks and
make those withdrawals. | ||||||
3 | Vouchers for those expenditures must be signed by the
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4 | Director. All such expenditures shall be audited by the | ||||||
5 | Director, and the
audit shall be submitted to the Department | ||||||
6 | of Central Management Services for
approval.
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7 | (d) Whenever the Department is authorized or required by | ||||||
8 | law to consider
some aspect of criminal history record | ||||||
9 | information for the purpose of carrying
out its statutory | ||||||
10 | powers and responsibilities, then, upon request and payment
of | ||||||
11 | fees in conformance with the requirements of Section 2605-400 | ||||||
12 | of the Illinois
State Police Law, the Illinois State
Police is | ||||||
13 | authorized to furnish, pursuant to positive identification, | ||||||
14 | the
information contained in State files that is necessary to | ||||||
15 | fulfill the request.
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16 | (e) The provisions of this Section do not apply to private | ||||||
17 | business and
vocational schools as defined by Section 15 of | ||||||
18 | the Private Business and
Vocational Schools Act of 2012.
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19 | (f) (Blank).
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20 | (f-5) Notwithstanding anything that may appear in any | ||||||
21 | individual licensing statute or administrative rule, the | ||||||
22 | Department shall allow an applicant to provide his or her | ||||||
23 | individual taxpayer identification number as an alternative to | ||||||
24 | providing a social security number when applying for a | ||||||
25 | license. | ||||||
26 | (g) Notwithstanding anything that may appear in any |
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1 | individual licensing statute or administrative rule, the | ||||||
2 | Department shall deny any license application or renewal | ||||||
3 | authorized under any licensing Act administered by the | ||||||
4 | Department to any person who has failed to file a return, or to | ||||||
5 | pay the tax, penalty, or interest shown in a filed return, or | ||||||
6 | to pay any final assessment of tax, penalty, or interest, as | ||||||
7 | required by any tax Act administered by the Illinois | ||||||
8 | Department of Revenue, until such time as the requirement of | ||||||
9 | any such tax Act are satisfied; however, the Department may | ||||||
10 | issue a license or renewal if the person has established a | ||||||
11 | satisfactory repayment record as determined by the Illinois | ||||||
12 | Department of Revenue. For the purpose of this Section, | ||||||
13 | "satisfactory repayment record" shall be defined by rule.
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14 | In addition, a complaint filed with the Department by the | ||||||
15 | Illinois Department of Revenue that includes a certification, | ||||||
16 | signed by its Director or designee, attesting to the amount of | ||||||
17 | the unpaid tax liability or the years for which a return was | ||||||
18 | not filed, or both, is prima facie evidence of the licensee's | ||||||
19 | failure to comply with the tax laws administered by the | ||||||
20 | Illinois Department of Revenue. Upon receipt of that | ||||||
21 | certification, the Department shall, without a hearing, | ||||||
22 | immediately suspend all licenses held by the licensee. | ||||||
23 | Enforcement of the Department's order shall be stayed for 60 | ||||||
24 | days. The Department shall provide notice of the suspension to | ||||||
25 | the licensee by mailing a copy of the Department's order to the | ||||||
26 | licensee's address of record or emailing a copy of the order to |
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1 | the licensee's email address of record. The notice shall | ||||||
2 | advise the licensee that the suspension shall be effective 60 | ||||||
3 | days after the issuance of the Department's order unless the | ||||||
4 | Department receives, from the licensee, a request for a | ||||||
5 | hearing before the Department to dispute the matters contained | ||||||
6 | in the order.
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7 | Any suspension imposed under this subsection (g) shall be | ||||||
8 | terminated by the Department upon notification from the | ||||||
9 | Illinois Department of Revenue that the licensee is in | ||||||
10 | compliance with all tax laws administered by the Illinois | ||||||
11 | Department of Revenue.
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12 | The Department may promulgate rules for the administration | ||||||
13 | of this subsection (g).
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14 | (g-5) Notwithstanding anything that may appear in any | ||||||
15 | individual licensing statute or administrative rule, the | ||||||
16 | Department shall refuse the issuance or renewal of a license | ||||||
17 | to, or suspend or revoke the license of, any individual, | ||||||
18 | corporation, partnership, or other business entity that has | ||||||
19 | been found by the Illinois Workers' Compensation Commission or | ||||||
20 | the Department of Insurance to have failed to (i) secure | ||||||
21 | workers' compensation obligations in the manner required by | ||||||
22 | subsections (a) and (b) of Section 4 of the Workers' | ||||||
23 | Compensation Act, (ii) pay in full a fine or penalty imposed | ||||||
24 | due to a failure to secure workers' compensation obligations | ||||||
25 | in the manner required by subsections (a) and (b) of Section 4 | ||||||
26 | of the Workers' Compensation Act, or (iii) fulfill all |
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1 | obligations assumed pursuant to a settlement reached with the | ||||||
2 | Illinois Workers' Compensation Commission or the Department of | ||||||
3 | Insurance relating to a failure to secure workers' | ||||||
4 | compensation obligations in the manner required by subsections | ||||||
5 | (a) and (b) of Section 4 of the Workers' Compensation Act. No | ||||||
6 | initial or renewal license shall be issued, and no suspended | ||||||
7 | license shall be reinstated, until such time that the | ||||||
8 | Department is notified by the Illinois Workers' Compensation | ||||||
9 | Commission or the Department of Insurance that the licensee's | ||||||
10 | or applicant's failure to comply with subsections (a) and (b) | ||||||
11 | of Section 4 of the Workers' Compensation Act has been | ||||||
12 | corrected or otherwise resolved to satisfaction of the | ||||||
13 | Illinois Workers' Compensation Commission or the Department of | ||||||
14 | Insurance. | ||||||
15 | In addition, a complaint filed with the Department by the | ||||||
16 | Illinois Workers' Compensation Commission or the Department of | ||||||
17 | Insurance that includes a certification, signed by its | ||||||
18 | Director or Chairman, or the Director or Chairman's designee, | ||||||
19 | attesting to a finding of the failure to secure workers' | ||||||
20 | compensation obligations in the manner required by subsections | ||||||
21 | (a) and (b) of Section 4 of the Workers' Compensation Act or | ||||||
22 | the failure to pay any fines or penalties or to discharge any | ||||||
23 | obligation under a settlement relating to the failure to | ||||||
24 | secure workers' compensation obligations in the manner | ||||||
25 | required by subsections (a) and (b) of Section 4 of the | ||||||
26 | Workers' Compensation Act is prima facie evidence of the |
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1 | licensee's or applicant's failure to comply with subsections | ||||||
2 | (a) and (b) of Section 4 of the Workers' Compensation Act. Upon | ||||||
3 | receipt of that certification, the Department shall, without a | ||||||
4 | hearing, immediately suspend all licenses held by the licensee | ||||||
5 | or the processing of any application from the applicant. | ||||||
6 | Enforcement of the Department's order shall be stayed for 60 | ||||||
7 | days. The Department shall provide notice of the suspension to | ||||||
8 | the licensee by mailing a copy of the Department's order to the | ||||||
9 | licensee's address of record or emailing a copy of the order to | ||||||
10 | the licensee's email address of record. The notice shall | ||||||
11 | advise the licensee that the suspension shall be effective 60 | ||||||
12 | days after the issuance of the Department's order unless the | ||||||
13 | Department receives from the licensee or applicant a request | ||||||
14 | for a hearing before the Department to dispute the matters | ||||||
15 | contained in the order. | ||||||
16 | Any suspension imposed under this subsection shall be | ||||||
17 | terminated by the Department upon notification from the | ||||||
18 | Illinois Workers' Compensation Commission or the Department of | ||||||
19 | Insurance that the licensee's or applicant's failure to comply | ||||||
20 | with subsections (a) and (b) of Section 4 of the Workers' | ||||||
21 | Compensation Act has been corrected or otherwise resolved to | ||||||
22 | the satisfaction of the Illinois Workers' Compensation | ||||||
23 | Commissions or the Department of Insurance. | ||||||
24 | No license shall be suspended or revoked until after the | ||||||
25 | licensee is afforded any due process protection guaranteed by | ||||||
26 | statute or rule adopted by the Workers' Compensation |
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1 | Commission or the Department of Insurance. | ||||||
2 | The Department may adopt rules for the administration of | ||||||
3 | this subsection. | ||||||
4 | (h) The Department may grant the title "Retired", to be | ||||||
5 | used immediately adjacent to the title of a profession | ||||||
6 | regulated by the Department, to eligible retirees. For | ||||||
7 | individuals licensed under the Medical Practice Act of 1987, | ||||||
8 | the title "Retired" may be used in the profile required by the | ||||||
9 | Patients' Right to Know Act. The use of the title "Retired" | ||||||
10 | shall not constitute representation of current licensure, | ||||||
11 | registration, or certification. Any person without an active | ||||||
12 | license, registration, or certificate in a profession that | ||||||
13 | requires licensure, registration, or certification shall not | ||||||
14 | be permitted to practice that profession. | ||||||
15 | (i) The Department shall make available on its website | ||||||
16 | general information explaining how the Department utilizes | ||||||
17 | criminal history information in making licensure application | ||||||
18 | decisions, including a list of enumerated offenses that serve | ||||||
19 | as a statutory bar to licensure. | ||||||
20 | (Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; | ||||||
21 | 102-538, eff. 8-20-21.)
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22 | (20 ILCS 2105/2105-207) | ||||||
23 | Sec. 2105-207. Records of Department actions. | ||||||
24 | (a) Any licensee subject to a licensing Act administered | ||||||
25 | by the Department Division of Professional Regulation and who |
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1 | has been subject to disciplinary action by the Department may | ||||||
2 | file an application with the Department on forms provided by | ||||||
3 | the Department, along with the required fee of $175, to have | ||||||
4 | the records classified as confidential, not for public | ||||||
5 | release, and considered expunged for reporting purposes if: | ||||||
6 | (1) the application is submitted more than 3 years | ||||||
7 | after the disciplinary offense or offenses occurred or | ||||||
8 | after restoration of the license, whichever is later; | ||||||
9 | (2) the licensee has had no incidents of discipline | ||||||
10 | under the licensing Act since the disciplinary offense or | ||||||
11 | offenses identified in the application occurred; | ||||||
12 | (3) the Department has no pending investigations | ||||||
13 | against the licensee; and | ||||||
14 | (4) the licensee is not currently in a disciplinary | ||||||
15 | status. | ||||||
16 | (b) An application to make disciplinary records | ||||||
17 | confidential shall only be considered by the Department for an | ||||||
18 | offense or action relating to: | ||||||
19 | (1) failure to pay taxes; | ||||||
20 | (2) continuing education; | ||||||
21 | (3) failure to renew a license on time; | ||||||
22 | (4) failure to obtain or renew a certificate of | ||||||
23 | registration or ancillary license; | ||||||
24 | (5) advertising; | ||||||
25 | (5.1) discipline based on criminal charges or | ||||||
26 | convictions: |
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1 | (A) that did not arise from the licensed activity | ||||||
2 | and was unrelated to the licensed activity; or | ||||||
3 | (B) that were dismissed or for which records have | ||||||
4 | been sealed or expunged; | ||||||
5 | (5.2) past probationary status of a license issued to | ||||||
6 | new applicants on the sole or partial basis of prior | ||||||
7 | convictions; or | ||||||
8 | (6) any grounds for discipline removed from the | ||||||
9 | licensing Act ; . | ||||||
10 | (7) failure to comply with workers' compensation | ||||||
11 | requirements; or | ||||||
12 | (8) reprimand of a licensee. | ||||||
13 | (c) An application shall be submitted to and considered by | ||||||
14 | the Director of the Division of Professional Regulation upon | ||||||
15 | submission of an application and the required non-refundable | ||||||
16 | fee. The Department may establish additional requirements by | ||||||
17 | rule. The Department is not required to report the removal of | ||||||
18 | any disciplinary record to any national database. Nothing in | ||||||
19 | this Section shall prohibit the Department from using a | ||||||
20 | previous discipline for any regulatory purpose or from | ||||||
21 | releasing records of a previous discipline upon request from | ||||||
22 | law enforcement, or other governmental body as permitted by | ||||||
23 | law. Classification of records as confidential shall result in | ||||||
24 | removal of records of discipline from records kept pursuant to | ||||||
25 | Sections 2105-200 and 2105-205 of this Act.
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26 | (d) Any applicant for licensure or a licensee whose |
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1 | petition for review is granted by the Department pursuant to | ||||||
2 | subsection (a-1) of Section 2105-165 of this Law may file an | ||||||
3 | application with the Department on forms provided by the | ||||||
4 | Department to have records relating to his or her permanent | ||||||
5 | denial or permanent revocation classified as confidential and | ||||||
6 | not for public release and considered expunged for reporting | ||||||
7 | purposes in the same manner and under the same terms as is | ||||||
8 | provided in this Section for the offenses listed in subsection | ||||||
9 | (b) of this Section, except that the requirements of a 3-year | ||||||
10 | 7-year waiting period and the $175 $200 application fee do not | ||||||
11 | apply. | ||||||
12 | (Source: P.A. 100-262, eff. 8-22-17; 100-286, eff. 1-1-18; | ||||||
13 | 100-863, eff. 8-14-18; 100-872, eff. 8-14-18.)
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14 | Section 10. The Asbestos Abatement Act is amended by | ||||||
15 | changing Section 10a as follows:
| ||||||
16 | (105 ILCS 105/10a) (from Ch. 122, par. 1410a)
| ||||||
17 | Sec. 10a. Licensing. No inspector, management
planner, | ||||||
18 | project designer, project manager, air sampling professional,
| ||||||
19 | asbestos abatement contractor, worker or project supervisor | ||||||
20 | may be employed
as a response action contractor unless that | ||||||
21 | individual or entity is
licensed by the Department. Those | ||||||
22 | individuals and entities wishing to be
licensed shall make | ||||||
23 | application on forms prescribed and furnished by the
| ||||||
24 | Department. A license shall expire annually according to a |
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1 | schedule
determined by the Department. Applications for | ||||||
2 | renewal of licenses shall
be filed with the Department at | ||||||
3 | least 30 days before the expiration date.
When a licensure | ||||||
4 | examination is required, the application for licensure
shall | ||||||
5 | be submitted to the Department at least 30 days prior to the | ||||||
6 | date of
the scheduled examination. The Department shall | ||||||
7 | evaluate each application
based on its minimum standards for | ||||||
8 | licensure, promulgated as rules, and
render a decision. Such | ||||||
9 | standards may include a requirement for the
successful | ||||||
10 | completion of a course of training approved by the Department.
| ||||||
11 | If the Department denies the application, the applicant may | ||||||
12 | appeal such
decision pursuant to the provisions of the | ||||||
13 | "Administrative Review Law".
| ||||||
14 | The Department, upon notification by the Illinois Workers' | ||||||
15 | Compensation Commission or the Department of Insurance, shall | ||||||
16 | refuse the issuance or renewal of a license to, or suspend or | ||||||
17 | revoke the license of, any individual, corporation, | ||||||
18 | partnership, or other business entity that has been found by | ||||||
19 | the Illinois Workers' Compensation Commission or the | ||||||
20 | Department of Insurance to have failed: | ||||||
21 | (a) to secure workers' compensation obligations in the | ||||||
22 | manner required by subsections (a) and (b) of Section 4 of | ||||||
23 | the Workers' Compensation Act; | ||||||
24 | (b) to pay in full a fine or penalty imposed by the | ||||||
25 | Illinois Workers' Compensation Commission or the | ||||||
26 | Department of Insurance due to a failure to secure |
| |||||||
| |||||||
1 | workers' compensation obligations in the manner required | ||||||
2 | by subsections (a) and (b) of Section 4 of the Workers' | ||||||
3 | Compensation Act; or | ||||||
4 | (c) to fulfill all obligations assumed pursuant to any | ||||||
5 | settlement reached with the Illinois Workers' Compensation | ||||||
6 | Commission or the Department of Insurance due to a failure | ||||||
7 | to secure workers' compensation obligations in the manner | ||||||
8 | required by subsections (a) and (b) of Section 4 of the | ||||||
9 | Workers' Compensation Act. | ||||||
10 | A complaint filed with the Department by the Illinois | ||||||
11 | Workers' Compensation Commission or the Department of | ||||||
12 | Insurance that includes a certification, signed by its | ||||||
13 | Director or Chairman, or the Director or Chairman's designee, | ||||||
14 | attesting to a finding of the failure to secure workers' | ||||||
15 | compensation obligations in the manner required by subsections | ||||||
16 | (a) and (b) of Section 4 of the Workers' Compensation Act or | ||||||
17 | the failure to pay any fines or penalties or to discharge any | ||||||
18 | obligation under a settlement relating to the failure to | ||||||
19 | secure workers' compensation obligations in the manner | ||||||
20 | required by subsections (a) and (b) of Section 4 of the | ||||||
21 | Workers' Compensation Act is prima facie evidence of the | ||||||
22 | licensee's or applicant's failure to comply with subsections | ||||||
23 | (a) and (b) of Section 4 of the Workers' Compensation Act. Upon | ||||||
24 | receipt of that certification, the Department shall, without a | ||||||
25 | hearing, immediately suspend all licenses held by the licensee | ||||||
26 | or the processing of any application from the applicant. |
| |||||||
| |||||||
1 | Enforcement of the Department's order shall be stayed for 60 | ||||||
2 | days. The Department shall provide notice of the suspension to | ||||||
3 | the licensee by mailing a copy of the Department's order to the | ||||||
4 | licensee's or applicant's address of record or emailing a copy | ||||||
5 | of the order to the licensee's or applicant's email address of | ||||||
6 | record. The notice shall advise the licensee or applicant that | ||||||
7 | the suspension shall be effective 60 days after the issuance | ||||||
8 | of the order unless the Department receives, from the licensee | ||||||
9 | or applicant, a request for a hearing before the Department to | ||||||
10 | dispute the matters contained in the order. | ||||||
11 | Upon receiving notice from the Illinois Workers' | ||||||
12 | Compensation Commission or the Department of Insurance that | ||||||
13 | the violation has been corrected or otherwise resolved, the | ||||||
14 | Department shall vacate the order suspending a licensee's | ||||||
15 | license or the processing of an applicant's application. | ||||||
16 | No license shall be suspended or revoked until after the | ||||||
17 | licensee is afforded any due process protection guaranteed by | ||||||
18 | statute or rule adopted by the Workers' Compensation | ||||||
19 | Commission or the Department of Insurance. | ||||||
20 | (Source: P.A. 86-416.)
| ||||||
21 | Section 15. The Lead Poisoning Prevention Act is amended | ||||||
22 | by changing Section 8.1 as follows:
| ||||||
23 | (410 ILCS 45/8.1) (from Ch. 111 1/2, par. 1308.1)
| ||||||
24 | Sec. 8.1. Licensing of lead inspectors and lead risk |
| |||||||
| |||||||
1 | assessors.
| ||||||
2 | (a) The Department shall establish standards and
licensing | ||||||
3 | procedures for lead inspectors and lead risk assessors. An | ||||||
4 | integral element of these
procedures shall be an education and | ||||||
5 | training program prescribed by the
Department which shall | ||||||
6 | include but not be limited to scientific sampling,
chemistry, | ||||||
7 | and construction techniques. No person shall make inspections | ||||||
8 | or risk assessments
without first being licensed by the | ||||||
9 | Department. The penalty for inspection or risk assessment
| ||||||
10 | without a license shall be a Class A misdemeanor and an | ||||||
11 | administrative fine.
| ||||||
12 | (b) The Department shall charge licensed lead inspectors | ||||||
13 | and lead risk assessors reasonable license
fees and the fees | ||||||
14 | shall be placed in the Lead Poisoning Screening,
Prevention, | ||||||
15 | and Abatement Fund and used to fund the Department's licensing
| ||||||
16 | of lead inspectors and lead risk assessors and any other | ||||||
17 | activities prescribed by this Act. A licensed lead
inspector | ||||||
18 | or lead risk assessor employed by the Department or its | ||||||
19 | delegate agency shall not be
charged a license fee.
| ||||||
20 | (c) The Department, upon notification by the Illinois | ||||||
21 | Workers' Compensation Commission or the Department of | ||||||
22 | Insurance, shall refuse the issuance or renewal of a license | ||||||
23 | to, or suspend or revoke the license of, any individual, | ||||||
24 | corporation, partnership, or other business entity that has | ||||||
25 | been found by the Illinois Workers' Compensation Commission or | ||||||
26 | the Department of Insurance to have failed: |
| |||||||
| |||||||
1 | (1) to secure workers' compensation obligations in the | ||||||
2 | manner required by subsections (a) and (b) of Section 4 of | ||||||
3 | the Workers' Compensation Act; | ||||||
4 | (2) to pay in full a fine or penalty imposed by the | ||||||
5 | Illinois Workers' Compensation Commission or the | ||||||
6 | Department of Insurance due to a failure to secure | ||||||
7 | workers' compensation obligations in the manner required | ||||||
8 | by subsections (a) and (b) of Section 4 of the Workers' | ||||||
9 | Compensation Act; or | ||||||
10 | (3) to fulfill all obligations assumed pursuant to any | ||||||
11 | settlement reached with the Illinois Workers' Compensation | ||||||
12 | Commission or the Department of Insurance due to a failure | ||||||
13 | to secure workers' compensation obligations in the manner | ||||||
14 | required by subsections (a) and (b) of Section 4 of the | ||||||
15 | Workers' Compensation Act. | ||||||
16 | A complaint filed with the Department by the Illinois | ||||||
17 | Workers' Compensation Commission or the Department of | ||||||
18 | Insurance that includes a certification, signed by its | ||||||
19 | Director or Chairman or designee, attesting to a finding of | ||||||
20 | the failure to secure workers' compensation obligations in the | ||||||
21 | manner required by subsections (a) and (b) of Section 4 of the | ||||||
22 | Workers' Compensation Act or the failure to pay any fines or | ||||||
23 | penalties or to discharge any obligation under a settlement | ||||||
24 | relating to the failure to secure workers' compensation | ||||||
25 | obligations in the manner required by subsections (a) and (b) | ||||||
26 | of Section 4 of the Workers' Compensation Act is prima facie |
| |||||||
| |||||||
1 | evidence of the licensee's or applicant's failure to comply | ||||||
2 | with subsections (a) and (b) of Section 4 of the Workers' | ||||||
3 | Compensation Act. Upon receipt of that certification, the | ||||||
4 | Department shall, without a hearing, immediately suspend all | ||||||
5 | licenses held by the licensee or the processing of any | ||||||
6 | application from the applicant. Enforcement of the | ||||||
7 | Department's order shall be stayed for 60 days. The Department | ||||||
8 | shall provide notice of the suspension to the licensee by | ||||||
9 | mailing a copy of the Department's order to the licensee's or | ||||||
10 | applicant's address of record or emailing a copy of the order | ||||||
11 | to the licensee's or applicant's email address of record. The | ||||||
12 | notice shall advise the licensee or applicant that the | ||||||
13 | suspension shall be effective 60 days after the issuance of | ||||||
14 | the order unless the Department receives, from the licensee or | ||||||
15 | applicant, a request for a hearing before the Department to | ||||||
16 | dispute the matters contained in the order. | ||||||
17 | Upon receiving notice from the Illinois Workers' | ||||||
18 | Compensation Commission or the Department of Insurance that | ||||||
19 | the violation has been corrected or otherwise resolved, the | ||||||
20 | Department shall vacate the order suspending a licensee's | ||||||
21 | license or the processing of an applicant's application. | ||||||
22 | No license shall be suspended or revoked until after the | ||||||
23 | licensee is afforded any due process protection guaranteed by | ||||||
24 | statute or rule adopted by the Workers' Compensation | ||||||
25 | Commission or the Department of Insurance. | ||||||
26 | (Source: P.A. 98-690, eff. 1-1-15 .)
|
| |||||||
| |||||||
1 | Section 20. The Illinois Plumbing License Law is amended | ||||||
2 | by changing Section 13.1 as follows:
| ||||||
3 | (225 ILCS 320/13.1)
| ||||||
4 | Sec. 13.1. Plumbing contractors; registration; | ||||||
5 | applications.
| ||||||
6 | (1) On and after May 1, 2002, all persons or corporations | ||||||
7 | desiring to
engage in
the
business of plumbing contractor, | ||||||
8 | other than any entity that maintains an
audited net worth of | ||||||
9 | shareholders' equity equal to or exceeding $100,000,000,
shall
| ||||||
10 | register in accordance with the
provisions of this
Act.
| ||||||
11 | (2) Application for registration shall be filed with the | ||||||
12 | Department each
year, on
or before the last day of
September, | ||||||
13 | in writing and on forms
prepared and
furnished by the | ||||||
14 | Department. All plumbing contractor registrations expire
on | ||||||
15 | the last
day of
September of each year.
| ||||||
16 | (3) Applications shall contain the name, address, and | ||||||
17 | telephone number of
the
person and the plumbing license of (i) | ||||||
18 | the individual, if a sole
proprietorship; (ii) the
partner, if | ||||||
19 | a partnership; or (iii) an officer, if a corporation. The
| ||||||
20 | application shall contain
the business name, address, and | ||||||
21 | telephone number, a current copy of the
plumbing
license, and | ||||||
22 | any other information the Department may require by rule.
| ||||||
23 | (4) Applicants shall submit an original certificate of | ||||||
24 | insurance
documenting that
the contractor carries general |
| |||||||
| |||||||
1 | liability insurance with a minimum of $100,000
per
occurrence, | ||||||
2 | a minimum of $300,000 aggregate
for bodily injury,
property | ||||||
3 | damage insurance with a minimum of $50,000 or a minimum of | ||||||
4 | $300,000
combined single limit, and workers compensation
| ||||||
5 | insurance with a minimum $500,000 employer's liability. No | ||||||
6 | registration
may be issued in the
absence of this
certificate. | ||||||
7 | Certificates must be in force at all times for registration to
| ||||||
8 | remain valid.
| ||||||
9 | (5) Applicants shall submit, on a form provided by the | ||||||
10 | Department, an
indemnification bond in the amount of $20,000 | ||||||
11 | or a letter of credit in the same
amount
for work performed in | ||||||
12 | accordance with this Act and the rules promulgated under
this | ||||||
13 | Act.
| ||||||
14 | (5.5) The Department, upon notification by the Illinois | ||||||
15 | Workers' Compensation Commission or the Department of | ||||||
16 | Insurance, shall refuse the issuance or renewal of a license | ||||||
17 | to, or suspend or revoke the license of, any individual, | ||||||
18 | corporation, partnership, or other business entity that has | ||||||
19 | been found by the Illinois Workers' Compensation Commission or | ||||||
20 | the Department of Insurance to have failed: | ||||||
21 | (a) to secure workers' compensation obligations in the | ||||||
22 | manner required by subsections (a) and (b) of Section 4 of | ||||||
23 | the Workers' Compensation Act; | ||||||
24 | (b) to pay in full a fine or penalty imposed by the | ||||||
25 | Illinois Workers' Compensation Commission or the | ||||||
26 | Department of Insurance due to a failure to secure |
| |||||||
| |||||||
1 | workers' compensation obligations in the manner required | ||||||
2 | by subsections (a) and (b) of Section 4 of the Workers' | ||||||
3 | Compensation Act; or | ||||||
4 | (c) to fulfill all obligations assumed pursuant to any | ||||||
5 | settlement reached with the Illinois Workers' Compensation | ||||||
6 | Commission or the Department of Insurance due to a failure | ||||||
7 | to secure workers' compensation obligations in the manner | ||||||
8 | required by subsections (a) and (b) of Section 4 of the | ||||||
9 | Workers' Compensation Act. | ||||||
10 | A complaint filed with the Department by the Illinois | ||||||
11 | Workers' Compensation Commission or the Department of | ||||||
12 | Insurance that includes a certification, signed by its | ||||||
13 | Director or Chairman or designee, attesting to a finding of | ||||||
14 | the failure to secure workers' compensation obligations in the | ||||||
15 | manner required by subsections (a) and (b) of Section 4 of the | ||||||
16 | Workers' Compensation Act or the failure to pay any fines or | ||||||
17 | penalties or to discharge any obligation under a settlement | ||||||
18 | relating to the failure to secure workers' compensation | ||||||
19 | obligations in the manner required by subsections (a) and (b) | ||||||
20 | of Section 4 of the Workers' Compensation Act is prima facie | ||||||
21 | evidence of the licensee's or applicant's failure to comply | ||||||
22 | with subsections (a) and (b) of Section 4 of the Workers' | ||||||
23 | Compensation Act. Upon receipt of that certification, the | ||||||
24 | Department shall, without a hearing, immediately suspend all | ||||||
25 | licenses held by the licensee or the processing of any | ||||||
26 | application from the applicant. Enforcement of the |
| |||||||
| |||||||
1 | Department's order shall be stayed for 60 days. The Department | ||||||
2 | shall provide notice of the suspension to the licensee by | ||||||
3 | mailing a copy of the Department's order to the licensee's or | ||||||
4 | applicant's address of record or emailing a copy of the order | ||||||
5 | to the licensee's or applicant's email address of record. The | ||||||
6 | notice shall advise the licensee or applicant that the | ||||||
7 | suspension shall be effective 60 days after the issuance of | ||||||
8 | the order unless the Department receives, from the licensee or | ||||||
9 | applicant, a request for a hearing before the Department to | ||||||
10 | dispute the matters contained in the order. | ||||||
11 | Upon receiving notice from the Illinois Workers' | ||||||
12 | Compensation Commission or the Department of Insurance that | ||||||
13 | the violation has been corrected or otherwise resolved, the | ||||||
14 | Department shall vacate the order suspending a licensee's | ||||||
15 | license or the processing of an applicant's application. | ||||||
16 | No license shall be suspended or revoked until after the | ||||||
17 | licensee is afforded any due process protection guaranteed by | ||||||
18 | statute or rule adopted by the Workers' Compensation | ||||||
19 | Commission or the Department of Insurance. | ||||||
20 | (6) All employees of a registered
plumbing
contractor who | ||||||
21 | engage in plumbing work shall be licensed plumbers or | ||||||
22 | apprentice
plumbers in accordance with this Act.
| ||||||
23 | (7) Plumbing contractors shall submit an annual | ||||||
24 | registration fee in an
amount to
be established by rule.
| ||||||
25 | (8) The Department shall be notified in advance of any | ||||||
26 | changes in the
business
structure, name, or location or of the |
| |||||||
| |||||||
1 | addition or deletion of the owner or
officer who is the
| ||||||
2 | licensed plumber listed on the application. Failure to notify | ||||||
3 | the Department
of this
information is grounds for suspension | ||||||
4 | or revocation of the plumbing
contractor's
registration.
| ||||||
5 | (9) In the event that the plumber's license on the | ||||||
6 | application for
registration of a
plumbing contractor is a | ||||||
7 | license issued by the City of Chicago, it shall be the
| ||||||
8 | responsibility of the
applicant to forward a copy of the | ||||||
9 | plumber's license to the Department, noting
the name of the
| ||||||
10 | registered
plumbing contractor, when it is renewed. In the | ||||||
11 | event that the plumbing contractor's registration is suspended | ||||||
12 | or revoked, the Department shall notify the City of Chicago | ||||||
13 | and any corresponding plumbing contractor's license issued by | ||||||
14 | the City of Chicago shall be suspended or revoked.
| ||||||
15 | (Source: P.A. 97-365, eff. 1-1-12.)
| ||||||
16 | Section 99. Effective date. This Act takes effect January | ||||||
17 | 1, 2024.
|