Public Act 103-0026

HB2145 Enrolled LRB103 28765 AMQ 55148 b

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Department of Professional Regulation Law

of the Civil Administrative Code of Illinois is amended by

changing Sections 2105-15 and 2105-207 as follows:

(20 ILCS 2105/2105-15)

Sec. 2105-15. General powers and duties.

(a) The Department has, subject to the provisions of the

Civil Administrative Code of Illinois, the following powers

and duties:

(1) To authorize examinations in English to ascertain

the qualifications and fitness of applicants to exercise

the profession, trade, or occupation for which the

examination is held.

(2) To prescribe rules and regulations for a fair and

wholly impartial method of examination of candidates to

exercise the respective professions, trades, or

occupations.

(3) To pass upon the qualifications of applicants for

licenses, certificates, and authorities, whether by

examination, by reciprocity, or by endorsement.

(4) To prescribe rules and regulations defining, for

the respective professions, trades, and occupations, what

shall constitute a school, college, or university, or

department of a university, or other institution,

reputable and in good standing, and to determine the

reputability and good standing of a school, college, or

university, or department of a university, or other

institution, reputable and in good standing, by reference

to a compliance with those rules and regulations;

provided, that no school, college, or university, or

department of a university, or other institution that

refuses admittance to applicants solely on account of

race, color, creed, sex, sexual orientation, or national

origin shall be considered reputable and in good standing.

(5) To conduct hearings on proceedings to revoke,

suspend, refuse to renew, place on probationary status, or

take other disciplinary action as authorized in any

licensing Act administered by the Department with regard

to licenses, certificates, or authorities of persons

exercising the respective professions, trades, or

occupations and to revoke, suspend, refuse to renew, place

on probationary status, or take other disciplinary action

as authorized in any licensing Act administered by the

Department with regard to those licenses, certificates, or

authorities.

The Department shall issue a monthly disciplinary

report.

The Department shall refuse to issue or renew a

license to, or shall suspend or revoke a license of, any

person who, after receiving notice, fails to comply with a

subpoena or warrant relating to a paternity or child

support proceeding. However, the Department may issue a

license or renewal upon compliance with the subpoena or

warrant.

The Department, without further process or hearings,

shall revoke, suspend, or deny any license or renewal

authorized by the Civil Administrative Code of Illinois to

a person who is certified by the Department of Healthcare

and Family Services (formerly Illinois Department of

Public Aid) as being more than 30 days delinquent in

complying with a child support order or who is certified

by a court as being in violation of the Non-Support

Punishment Act for more than 60 days. The Department may,

however, issue a license or renewal if the person has

established a satisfactory repayment record as determined

by the Department of Healthcare and Family Services

(formerly Illinois Department of Public Aid) or if the

person is determined by the court to be in compliance with

the Non-Support Punishment Act. The Department may

implement this paragraph as added by Public Act 89-6

through the use of emergency rules in accordance with

Section 5-45 of the Illinois Administrative Procedure Act.

For purposes of the Illinois Administrative Procedure Act,

the adoption of rules to implement this paragraph shall be

considered an emergency and necessary for the public

interest, safety, and welfare.

(6) To transfer jurisdiction of any realty under the

control of the Department to any other department of the

State Government or to acquire or accept federal lands

when the transfer, acquisition, or acceptance is

advantageous to the State and is approved in writing by

the Governor.

(7) To formulate rules and regulations necessary for

the enforcement of any Act administered by the Department.

(8) To exchange with the Department of Healthcare and

Family Services information that may be necessary for the

enforcement of child support orders entered pursuant to

the Illinois Public Aid Code, the Illinois Marriage and

Dissolution of Marriage Act, the Non-Support of Spouse and

Children Act, the Non-Support Punishment Act, the Revised

Uniform Reciprocal Enforcement of Support Act, the Uniform

Interstate Family Support Act, the Illinois Parentage Act

of 1984, or the Illinois Parentage Act of 2015.

Notwithstanding any provisions in this Code to the

contrary, the Department of Professional Regulation shall

not be liable under any federal or State law to any person

for any disclosure of information to the Department of

Healthcare and Family Services (formerly Illinois

Department of Public Aid) under this paragraph (8) or for

any other action taken in good faith to comply with the

requirements of this paragraph (8).

(8.3) To exchange information with the Department of

Human Rights regarding recommendations received under

paragraph (B) of Section 8-109 of the Illinois Human

Rights Act regarding a licensee or candidate for licensure

who has committed a civil rights violation that may lead

to the refusal, suspension, or revocation of a license

from the Department.

(8.5) To accept continuing education credit for

mandated reporter training on how to recognize and report

child abuse offered by the Department of Children and

Family Services and completed by any person who holds a

professional license issued by the Department and who is a

mandated reporter under the Abused and Neglected Child

Reporting Act. The Department shall adopt any rules

necessary to implement this paragraph.

(9) To perform other duties prescribed by law.

(a-5) Except in cases involving delinquency in complying

with a child support order or violation of the Non-Support

Punishment Act and notwithstanding anything that may appear in

any individual licensing Act or administrative rule, no person

or entity whose license, certificate, or authority has been

revoked as authorized in any licensing Act administered by the

Department may apply for restoration of that license,

certification, or authority until 3 years after the effective

date of the revocation.

(b) (Blank).

(c) For the purpose of securing and preparing evidence,

and for the purchase of controlled substances, professional

services, and equipment necessary for enforcement activities,

recoupment of investigative costs, and other activities

directed at suppressing the misuse and abuse of controlled

substances, including those activities set forth in Sections

504 and 508 of the Illinois Controlled Substances Act, the

Director and agents appointed and authorized by the Director

may expend sums from the Professional Regulation Evidence Fund

that the Director deems necessary from the amounts

appropriated for that purpose. Those sums may be advanced to

the agent when the Director deems that procedure to be in the

public interest. Sums for the purchase of controlled

substances, professional services, and equipment necessary for

enforcement activities and other activities as set forth in

this Section shall be advanced to the agent who is to make the

purchase from the Professional Regulation Evidence Fund on

vouchers signed by the Director. The Director and those agents

are authorized to maintain one or more commercial checking

accounts with any State banking corporation or corporations

organized under or subject to the Illinois Banking Act for the

deposit and withdrawal of moneys to be used for the purposes

set forth in this Section; provided, that no check may be

written nor any withdrawal made from any such account except

upon the written signatures of 2 persons designated by the

Director to write those checks and make those withdrawals.

Vouchers for those expenditures must be signed by the

Director. All such expenditures shall be audited by the

Director, and the audit shall be submitted to the Department

of Central Management Services for approval.

(d) Whenever the Department is authorized or required by

law to consider some aspect of criminal history record

information for the purpose of carrying out its statutory

powers and responsibilities, then, upon request and payment of

fees in conformance with the requirements of Section 2605-400

of the Illinois State Police Law, the Illinois State Police is

authorized to furnish, pursuant to positive identification,

the information contained in State files that is necessary to

fulfill the request.

(e) The provisions of this Section do not apply to private

business and vocational schools as defined by Section 15 of

the Private Business and Vocational Schools Act of 2012.

(f) (Blank).

(f-5) Notwithstanding anything that may appear in any

individual licensing statute or administrative rule, the

Department shall allow an applicant to provide his or her

individual taxpayer identification number as an alternative to

providing a social security number when applying for a

license.

(g) Notwithstanding anything that may appear in any

individual licensing statute or administrative rule, the

Department shall deny any license application or renewal

authorized under any licensing Act administered by the

Department to any person who has failed to file a return, or to

pay the tax, penalty, or interest shown in a filed return, or

to pay any final assessment of tax, penalty, or interest, as

required by any tax Act administered by the Illinois

Department of Revenue, until such time as the requirement of

any such tax Act are satisfied; however, the Department may

issue a license or renewal if the person has established a

satisfactory repayment record as determined by the Illinois

Department of Revenue. For the purpose of this Section,

"satisfactory repayment record" shall be defined by rule.

In addition, a complaint filed with the Department by the

Illinois Department of Revenue that includes a certification,

signed by its Director or designee, attesting to the amount of

the unpaid tax liability or the years for which a return was

not filed, or both, is prima facie evidence of the licensee's

failure to comply with the tax laws administered by the

Illinois Department of Revenue. Upon receipt of that

certification, the Department shall, without a hearing,

immediately suspend all licenses held by the licensee.

Enforcement of the Department's order shall be stayed for 60

days. The Department shall provide notice of the suspension to

the licensee by mailing a copy of the Department's order to the

licensee's address of record or emailing a copy of the order to

the licensee's email address of record. The notice shall

advise the licensee that the suspension shall be effective 60

days after the issuance of the Department's order unless the

Department receives, from the licensee, a request for a

hearing before the Department to dispute the matters contained

in the order.

Any suspension imposed under this subsection (g) shall be

terminated by the Department upon notification from the

Illinois Department of Revenue that the licensee is in

compliance with all tax laws administered by the Illinois

Department of Revenue.

The Department may promulgate rules for the administration

of this subsection (g).

(g-5) Notwithstanding anything that may appear in any

individual licensing statute or administrative rule, the

Department shall refuse the issuance or renewal of a license

to, or suspend or revoke the license of, any individual,

corporation, partnership, or other business entity that has

been found by the Illinois Workers' Compensation Commission or

the Department of Insurance to have failed to (i) secure

workers' compensation obligations in the manner required by

subsections (a) and (b) of Section 4 of the Workers'

Compensation Act, (ii) pay in full a fine or penalty imposed

due to a failure to secure workers' compensation obligations

in the manner required by subsections (a) and (b) of Section 4

of the Workers' Compensation Act, or (iii) fulfill all

obligations assumed pursuant to a settlement reached with the

Illinois Workers' Compensation Commission or the Department of

Insurance relating to a failure to secure workers'

compensation obligations in the manner required by subsections

(a) and (b) of Section 4 of the Workers' Compensation Act. No

initial or renewal license shall be issued, and no suspended

license shall be reinstated, until such time that the

Department is notified by the Illinois Workers' Compensation

Commission or the Department of Insurance that the licensee's

or applicant's failure to comply with subsections (a) and (b)

of Section 4 of the Workers' Compensation Act has been

corrected or otherwise resolved to satisfaction of the

Illinois Workers' Compensation Commission or the Department of

Insurance.

In addition, a complaint filed with the Department by the

Illinois Workers' Compensation Commission or the Department of

Insurance that includes a certification, signed by its

Director or Chairman, or the Director or Chairman's designee,

attesting to a finding of the failure to secure workers'

compensation obligations in the manner required by subsections

(a) and (b) of Section 4 of the Workers' Compensation Act or

the failure to pay any fines or penalties or to discharge any

obligation under a settlement relating to the failure to

secure workers' compensation obligations in the manner

required by subsections (a) and (b) of Section 4 of the

Workers' Compensation Act is prima facie evidence of the

licensee's or applicant's failure to comply with subsections

(a) and (b) of Section 4 of the Workers' Compensation Act. Upon

receipt of that certification, the Department shall, without a

hearing, immediately suspend all licenses held by the licensee

or the processing of any application from the applicant.

Enforcement of the Department's order shall be stayed for 60

days. The Department shall provide notice of the suspension to

the licensee by mailing a copy of the Department's order to the

licensee's address of record or emailing a copy of the order to

the licensee's email address of record. The notice shall

advise the licensee that the suspension shall be effective 60

days after the issuance of the Department's order unless the

Department receives from the licensee or applicant a request

for a hearing before the Department to dispute the matters

contained in the order.

Any suspension imposed under this subsection shall be

terminated by the Department upon notification from the

Illinois Workers' Compensation Commission or the Department of

Insurance that the licensee's or applicant's failure to comply

with subsections (a) and (b) of Section 4 of the Workers'

Compensation Act has been corrected or otherwise resolved to

the satisfaction of the Illinois Workers' Compensation

Commissions or the Department of Insurance.

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.

The Department may adopt rules for the administration of

this subsection.

(h) The Department may grant the title "Retired", to be

used immediately adjacent to the title of a profession

regulated by the Department, to eligible retirees. For

individuals licensed under the Medical Practice Act of 1987,

the title "Retired" may be used in the profile required by the

Patients' Right to Know Act. The use of the title "Retired"

shall not constitute representation of current licensure,

registration, or certification. Any person without an active

license, registration, or certificate in a profession that

requires licensure, registration, or certification shall not

be permitted to practice that profession.

(i) The Department shall make available on its website

general information explaining how the Department utilizes

criminal history information in making licensure application

decisions, including a list of enumerated offenses that serve

as a statutory bar to licensure.

(Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 1-1-20;

102-538, eff. 8-20-21.)

(20 ILCS 2105/2105-207)

Sec. 2105-207. Records of Department actions.

(a) Any licensee subject to a licensing Act administered

by the Department Division of Professional Regulation and who

has been subject to disciplinary action by the Department may

file an application with the Department on forms provided by

the Department, along with the required fee of $175, to have

the records classified as confidential, not for public

release, and considered expunged for reporting purposes if:

(1) the application is submitted more than 3 years

after the disciplinary offense or offenses occurred or

after restoration of the license, whichever is later;

(2) the licensee has had no incidents of discipline

under the licensing Act since the disciplinary offense or

offenses identified in the application occurred;

(3) the Department has no pending investigations

against the licensee; and

(4) the licensee is not currently in a disciplinary

status.

(b) An application to make disciplinary records

confidential shall only be considered by the Department for an

offense or action relating to:

(1) failure to pay taxes;

(2) continuing education;

(3) failure to renew a license on time;

(4) failure to obtain or renew a certificate of

registration or ancillary license;

(5) advertising;

(5.1) discipline based on criminal charges or

convictions:

(A) that did not arise from the licensed activity

and was unrelated to the licensed activity; or

(B) that were dismissed or for which records have

been sealed or expunged;

(5.2) past probationary status of a license issued to

new applicants on the sole or partial basis of prior

convictions; or

(6) any grounds for discipline removed from the

licensing Act; .

(7) failure to comply with workers' compensation

requirements; or

(8) reprimand of a licensee.

(c) An application shall be submitted to and considered by

the Director of the Division of Professional Regulation upon

submission of an application and the required non-refundable

fee. The Department may establish additional requirements by

rule. The Department is not required to report the removal of

any disciplinary record to any national database. Nothing in

this Section shall prohibit the Department from using a

previous discipline for any regulatory purpose or from

releasing records of a previous discipline upon request from

law enforcement, or other governmental body as permitted by

law. Classification of records as confidential shall result in

removal of records of discipline from records kept pursuant to

Sections 2105-200 and 2105-205 of this Act.

(d) Any applicant for licensure or a licensee whose

petition for review is granted by the Department pursuant to

subsection (a-1) of Section 2105-165 of this Law may file an

application with the Department on forms provided by the

Department to have records relating to his or her permanent

denial or permanent revocation classified as confidential and

not for public release and considered expunged for reporting

purposes in the same manner and under the same terms as is

provided in this Section for the offenses listed in subsection

(b) of this Section, except that the requirements of a 3-year

7-year waiting period and the $175 $200 application fee do not

apply.

(Source: P.A. 100-262, eff. 8-22-17; 100-286, eff. 1-1-18;

100-863, eff. 8-14-18; 100-872, eff. 8-14-18.)

Section 10. The Asbestos Abatement Act is amended by

changing Section 10a as follows:

(105 ILCS 105/10a) (from Ch. 122, par. 1410a)

Sec. 10a. Licensing. No inspector, management planner,

project designer, project manager, air sampling professional,

asbestos abatement contractor, worker or project supervisor

may be employed as a response action contractor unless that

individual or entity is licensed by the Department. Those

individuals and entities wishing to be licensed shall make

application on forms prescribed and furnished by the

Department. A license shall expire annually according to a

schedule determined by the Department. Applications for

renewal of licenses shall be filed with the Department at

least 30 days before the expiration date. When a licensure

examination is required, the application for licensure shall

be submitted to the Department at least 30 days prior to the

date of the scheduled examination. The Department shall

evaluate each application based on its minimum standards for

licensure, promulgated as rules, and render a decision. Such

standards may include a requirement for the successful

completion of a course of training approved by the Department.

If the Department denies the application, the applicant may

appeal such decision pursuant to the provisions of the

"Administrative Review Law".

The Department, upon notification by the Illinois Workers'

Compensation Commission or the Department of Insurance, shall

refuse the issuance or renewal of a license to, or suspend or

revoke the license of, any individual, corporation,

partnership, or other business entity that has been found by

the Illinois Workers' Compensation Commission or the

Department of Insurance to have failed:

(a) to secure workers' compensation obligations in the

manner required by subsections (a) and (b) of Section 4 of

the Workers' Compensation Act;

(b) to pay in full a fine or penalty imposed by the

Illinois Workers' Compensation Commission or the

Department of Insurance due to a failure to secure

workers' compensation obligations in the manner required

by subsections (a) and (b) of Section 4 of the Workers'

Compensation Act; or

(c) to fulfill all obligations assumed pursuant to any

settlement reached with the Illinois Workers' Compensation

Commission or the Department of Insurance due to a failure

to secure workers' compensation obligations in the manner

required by subsections (a) and (b) of Section 4 of the

Workers' Compensation Act.

A complaint filed with the Department by the Illinois

Workers' Compensation Commission or the Department of

Insurance that includes a certification, signed by its

Director or Chairman, or the Director or Chairman's designee,

attesting to a finding of the failure to secure workers'

compensation obligations in the manner required by subsections

(a) and (b) of Section 4 of the Workers' Compensation Act or

the failure to pay any fines or penalties or to discharge any

obligation under a settlement relating to the failure to

secure workers' compensation obligations in the manner

required by subsections (a) and (b) of Section 4 of the

Workers' Compensation Act is prima facie evidence of the

licensee's or applicant's failure to comply with subsections

(a) and (b) of Section 4 of the Workers' Compensation Act. Upon

receipt of that certification, the Department shall, without a

hearing, immediately suspend all licenses held by the licensee

or the processing of any application from the applicant.

Enforcement of the Department's order shall be stayed for 60

days. The Department shall provide notice of the suspension to

the licensee by mailing a copy of the Department's order to the

licensee's or applicant's address of record or emailing a copy

of the order to the licensee's or applicant's email address of

record. The notice shall advise the licensee or applicant that

the suspension shall be effective 60 days after the issuance

of the order unless the Department receives, from the licensee

or applicant, a request for a hearing before the Department to

dispute the matters contained in the order.

Upon receiving notice from the Illinois Workers'

Compensation Commission or the Department of Insurance that

the violation has been corrected or otherwise resolved, the

Department shall vacate the order suspending a licensee's

license or the processing of an applicant's application.

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.

(Source: P.A. 86-416.)

Section 15. The Lead Poisoning Prevention Act is amended

by changing Section 8.1 as follows:

(410 ILCS 45/8.1) (from Ch. 111 1/2, par. 1308.1)

Sec. 8.1. Licensing of lead inspectors and lead risk

assessors.

(a) The Department shall establish standards and licensing

procedures for lead inspectors and lead risk assessors. An

integral element of these procedures shall be an education and

training program prescribed by the Department which shall

include but not be limited to scientific sampling, chemistry,

and construction techniques. No person shall make inspections

or risk assessments without first being licensed by the

Department. The penalty for inspection or risk assessment

without a license shall be a Class A misdemeanor and an

administrative fine.

(b) The Department shall charge licensed lead inspectors

and lead risk assessors reasonable license fees and the fees

shall be placed in the Lead Poisoning Screening, Prevention,

and Abatement Fund and used to fund the Department's licensing

of lead inspectors and lead risk assessors and any other

activities prescribed by this Act. A licensed lead inspector

or lead risk assessor employed by the Department or its

delegate agency shall not be charged a license fee.

(c) The Department, upon notification by the Illinois

Workers' Compensation Commission or the Department of

Insurance, shall refuse the issuance or renewal of a license

to, or suspend or revoke the license of, any individual,

corporation, partnership, or other business entity that has

been found by the Illinois Workers' Compensation Commission or

the Department of Insurance to have failed:

(1) to secure workers' compensation obligations in the

manner required by subsections (a) and (b) of Section 4 of

the Workers' Compensation Act;

(2) to pay in full a fine or penalty imposed by the

Illinois Workers' Compensation Commission or the

Department of Insurance due to a failure to secure

workers' compensation obligations in the manner required

by subsections (a) and (b) of Section 4 of the Workers'

Compensation Act; or

(3) to fulfill all obligations assumed pursuant to any

settlement reached with the Illinois Workers' Compensation

Commission or the Department of Insurance due to a failure

to secure workers' compensation obligations in the manner

required by subsections (a) and (b) of Section 4 of the

Workers' Compensation Act.

A complaint filed with the Department by the Illinois

Workers' Compensation Commission or the Department of

Insurance that includes a certification, signed by its

Director or Chairman or designee, attesting to a finding of

the failure to secure workers' compensation obligations in the

manner required by subsections (a) and (b) of Section 4 of the

Workers' Compensation Act or the failure to pay any fines or

penalties or to discharge any obligation under a settlement

relating to the failure to secure workers' compensation

obligations in the manner required by subsections (a) and (b)

of Section 4 of the Workers' Compensation Act is prima facie

evidence of the licensee's or applicant's failure to comply

with subsections (a) and (b) of Section 4 of the Workers'

Compensation Act. Upon receipt of that certification, the

Department shall, without a hearing, immediately suspend all

licenses held by the licensee or the processing of any

application from the applicant. Enforcement of the

Department's order shall be stayed for 60 days. The Department

shall provide notice of the suspension to the licensee by

mailing a copy of the Department's order to the licensee's or

applicant's address of record or emailing a copy of the order

to the licensee's or applicant's email address of record. The

notice shall advise the licensee or applicant that the

suspension shall be effective 60 days after the issuance of

the order unless the Department receives, from the licensee or

applicant, a request for a hearing before the Department to

dispute the matters contained in the order.

Upon receiving notice from the Illinois Workers'

Compensation Commission or the Department of Insurance that

the violation has been corrected or otherwise resolved, the

Department shall vacate the order suspending a licensee's

license or the processing of an applicant's application.

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.

(Source: P.A. 98-690, eff. 1-1-15.)

Section 20. The Illinois Plumbing License Law is amended

by changing Section 13.1 as follows:

(225 ILCS 320/13.1)

Sec. 13.1. Plumbing contractors; registration;

applications.

(1) On and after May 1, 2002, all persons or corporations

desiring to engage in the business of plumbing contractor,

other than any entity that maintains an audited net worth of

shareholders' equity equal to or exceeding $100,000,000, shall

register in accordance with the provisions of this Act.

(2) Application for registration shall be filed with the

Department each year, on or before the last day of September,

in writing and on forms prepared and furnished by the

Department. All plumbing contractor registrations expire on

the last day of September of each year.

(3) Applications shall contain the name, address, and

telephone number of the person and the plumbing license of (i)

the individual, if a sole proprietorship; (ii) the partner, if

a partnership; or (iii) an officer, if a corporation. The

application shall contain the business name, address, and

telephone number, a current copy of the plumbing license, and

any other information the Department may require by rule.

(4) Applicants shall submit an original certificate of

insurance documenting that the contractor carries general

liability insurance with a minimum of $100,000 per occurrence,

a minimum of $300,000 aggregate for bodily injury, property

damage insurance with a minimum of $50,000 or a minimum of

$300,000 combined single limit, and workers compensation

insurance with a minimum $500,000 employer's liability. No

registration may be issued in the absence of this certificate.

Certificates must be in force at all times for registration to

remain valid.

(5) Applicants shall submit, on a form provided by the

Department, an indemnification bond in the amount of $20,000

or a letter of credit in the same amount for work performed in

accordance with this Act and the rules promulgated under this

Act.

(5.5) The Department, upon notification by the Illinois

Workers' Compensation Commission or the Department of

Insurance, shall refuse the issuance or renewal of a license

to, or suspend or revoke the license of, any individual,

corporation, partnership, or other business entity that has

been found by the Illinois Workers' Compensation Commission or

the Department of Insurance to have failed:

(a) to secure workers' compensation obligations in the

manner required by subsections (a) and (b) of Section 4 of

the Workers' Compensation Act;

(b) to pay in full a fine or penalty imposed by the

Illinois Workers' Compensation Commission or the

Department of Insurance due to a failure to secure

workers' compensation obligations in the manner required

by subsections (a) and (b) of Section 4 of the Workers'

Compensation Act; or

(c) to fulfill all obligations assumed pursuant to any

settlement reached with the Illinois Workers' Compensation

Commission or the Department of Insurance due to a failure

to secure workers' compensation obligations in the manner

required by subsections (a) and (b) of Section 4 of the

Workers' Compensation Act.

A complaint filed with the Department by the Illinois

Workers' Compensation Commission or the Department of

Insurance that includes a certification, signed by its

Director or Chairman or designee, attesting to a finding of

the failure to secure workers' compensation obligations in the

manner required by subsections (a) and (b) of Section 4 of the

Workers' Compensation Act or the failure to pay any fines or

penalties or to discharge any obligation under a settlement

relating to the failure to secure workers' compensation

obligations in the manner required by subsections (a) and (b)

of Section 4 of the Workers' Compensation Act is prima facie

evidence of the licensee's or applicant's failure to comply

with subsections (a) and (b) of Section 4 of the Workers'

Compensation Act. Upon receipt of that certification, the

Department shall, without a hearing, immediately suspend all

licenses held by the licensee or the processing of any

application from the applicant. Enforcement of the

Department's order shall be stayed for 60 days. The Department

shall provide notice of the suspension to the licensee by

mailing a copy of the Department's order to the licensee's or

applicant's address of record or emailing a copy of the order

to the licensee's or applicant's email address of record. The

notice shall advise the licensee or applicant that the

suspension shall be effective 60 days after the issuance of

the order unless the Department receives, from the licensee or

applicant, a request for a hearing before the Department to

dispute the matters contained in the order.

Upon receiving notice from the Illinois Workers'

Compensation Commission or the Department of Insurance that

the violation has been corrected or otherwise resolved, the

Department shall vacate the order suspending a licensee's

license or the processing of an applicant's application.

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.

(6) All employees of a registered plumbing contractor who

engage in plumbing work shall be licensed plumbers or

apprentice plumbers in accordance with this Act.

(7) Plumbing contractors shall submit an annual

registration fee in an amount to be established by rule.

(8) The Department shall be notified in advance of any

changes in the business structure, name, or location or of the

addition or deletion of the owner or officer who is the

licensed plumber listed on the application. Failure to notify

the Department of this information is grounds for suspension

or revocation of the plumbing contractor's registration.

(9) In the event that the plumber's license on the

application for registration of a plumbing contractor is a

license issued by the City of Chicago, it shall be the

responsibility of the applicant to forward a copy of the

plumber's license to the Department, noting the name of the

registered plumbing contractor, when it is renewed. In the

event that the plumbing contractor's registration is suspended

or revoked, the Department shall notify the City of Chicago

and any corresponding plumbing contractor's license issued by

the City of Chicago shall be suspended or revoked.

(Source: P.A. 97-365, eff. 1-1-12.)

Section 99. Effective date. This Act takes effect January

1, 2024.