Bill Text: IL HB2337 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends The Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that, with certain exceptions, no person or entity whose license, certificate, or authority has been revoked by the Department may apply for a restoration of the license, certificate, or authority for a 3-year period. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2009-08-14 - Public Act . . . . . . . . . 96-0459 [HB2337 Detail]

Download: Illinois-2009-HB2337-Enrolled.html

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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 Section 2105-15 as follows:
(20 ILCS 2105/2105-15) (was 20 ILCS 2105/60)
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

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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,
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 deny any license
or renewal authorized by the Civil Administrative Code of

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Illinois to any person who has defaulted on an educational
loan or scholarship provided by or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State; however, the Department may issue a
license or renewal if the aforementioned persons have
established a satisfactory repayment record as determined
by the Illinois Student Assistance Commission or other
appropriate governmental agency of this State.
Additionally, beginning June 1, 1996, any license issued by
the Department may be suspended or revoked if the
Department, after the opportunity for a hearing under the
appropriate licensing Act, finds that the licensee has
failed to make satisfactory repayment to the Illinois
Student Assistance Commission for a delinquent or
defaulted loan. For the purposes of this Section,
"satisfactory repayment record" shall be defined by rule.
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

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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

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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, or the Illinois Parentage
Act of 1984. 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).
(9) To perform other duties prescribed by law.
(a-5) Except in cases involving default on an educational
loan or scholarship provided by or guaranteed by the Illinois
Student Assistance Commission or any governmental agency of
this State or in cases involving delinquency in complying with
a child support order or violation of the Non-Support
Punishment Act, 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.

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(b) The Department may, when a fee is payable to the
Department for a wall certificate of registration provided by
the Department of Central Management Services, require that
portion of the payment for printing and distribution costs be
made directly or through the Department to the Department of
Central Management Services for deposit into the Paper and
Printing Revolving Fund. The remainder shall be deposited into
the General Revenue Fund.
(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

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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 Department of State Police Law (20 ILCS 2605/2605-400),
the Department of 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 1 of the
Private Business and Vocational Schools Act.
(f) Beginning July 1, 1995, this Section does not apply to
those professions, trades, and occupations licensed under the

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Real Estate License Act of 2000, nor does it apply to any
permits, certificates, or other authorizations to do business
provided for in the Land Sales Registration Act of 1989 or the
Illinois Real Estate Time-Share Act.
(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 facia 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,

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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 by
certified and regular mail to the licensee's last known address
as registered with the Department. 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 shall promulgate rules for the
administration of this subsection (g).
(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. 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.

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(Source: P.A. 94-452, eff. 1-1-06; 94-462, eff. 8-4-05; 95-331,
eff. 8-21-07.)
Section 99. Effective date. This Act takes effect upon
becoming law.