Bill Text: IL HB2394 | 2023-2024 | 103rd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that, if the Secretary of Professional Regulation finds that there is a significant operational need to do so or that it is necessary to do so to avoid undue hardship on a class of individuals whose professional licenses, registrations, or certificates are issued by the Department, then the Secretary shall extend the expiration date or renewal period of those licenses, registrations, or certificates of those individuals for a period not to exceed the standard renewal period of those licenses, registrations, or certificates. Provides that the Secretary may consider specified factors when determining whether to extend the expiration date or renewal period of the license, registration, or certificate of those individuals. Amends the Illinois Procurement Code. Provides that the Department of Financial and Professional Regulation shall identify a method of source selection that will make it possible to implement a software solution to support the Department's mandates to enforce the professional licensing Acts that it administers and rules adopted under those Acts. Provides that the software solution selected by the Department shall satisfy specified criteria. Provides for additional requirements concerning the source selection process. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 31-6)

Status: (Passed) 2023-12-08 - Public Act . . . . . . . . . 103-0568 [HB2394 Detail]

Download: Illinois-2023-HB2394-Engrossed.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Sunset Act is amended by
changing Sections 4.34 and 4.39 as follows:
(5 ILCS 80/4.34)
Sec. 4.34. Acts and Section repealed on January 1, 2024.
The following Acts and Section of an Act are repealed on
January 1, 2024:
The Crematory Regulation Act.
The Electrologist Licensing Act.
The Illinois Certified Shorthand Reporters Act of
1984.
The Illinois Occupational Therapy Practice Act.
The Illinois Public Accounting Act.
The Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004.
The Registered Surgical Assistant and Registered
Surgical Technologist Title Protection Act.
Section 2.5 of the Illinois Plumbing License Law.
The Veterinary Medicine and Surgery Practice Act of
2004.
(Source: P.A. 102-291, eff. 8-6-21.)

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(5 ILCS 80/4.39)
Sec. 4.39. Acts repealed on January 1, 2029 and December
31, 2029.
(a) The following Act is repealed on January 1, 2029:
The Environmental Health Practitioner Licensing Act.
The Illinois Certified Shorthand Reporters Act of
1984.
(b) The following Act is repealed on December 31, 2029:
The Structural Pest Control Act.
(Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18;
101-81, eff. 7-12-19.)
Section 10. The Illinois Certified Shorthand Reporters Act
of 1984 is amended by changing Sections 4, 5, 6, 8, 10, 12.1,
14, 15, 16, 17, 19, 23, 23.1, 23.2, 23.4, 23.6, 23.7, 23.9,
23.15, 24, 26, and 26.1 and by adding Section 4.1 as follows:
(225 ILCS 415/4) (from Ch. 111, par. 6204)
(Section scheduled to be repealed on January 1, 2024)
Sec. 4. In this Act:
(1) "Department" means the Department of Financial and
Professional Regulation.
(2) "Secretary" means the Secretary of Financial and
Professional Regulation.
(3) "Board" means the Certified Shorthand Reporters Board

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appointed by the Secretary.
(4) "The practice of shorthand reporting" means reporting,
by the use of any system of manual or mechanical shorthand
writing, of Grand Jury proceedings, court proceedings, court
related proceedings, pretrial examinations, depositions,
motions and related proceedings of like character, or
proceedings of an administrative agency when the final
decision of the agency with reference thereto is likely to be
subject to judicial review under the provisions of the
Administrative Review Law.
(5) "Shorthand reporter" means a person who is technically
qualified and certified under this Act to practice shorthand
reporting.
(6) "Stenographic notes" means the original notes by
manual or mechanical shorthand or shorthand writing taken by a
shorthand reporter of a proceeding while in attendance at such
proceeding for the purpose of reporting the same.
(7) "Address of record" means the designated address
recorded by the Department in the applicant's or licensee's
application file or license file as maintained by the
Department's licensure maintenance unit. It is the duty of the
applicant or licensee to inform the Department of any change
of address and those changes must be made either through the
Department's Internet website or by contacting the Department.
(8) "Email address of record" means the designated email
address recorded by the Department in the applicant's

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application file or the licensee's license file, as maintained
by the Department's licensure maintenance unit.
(Source: P.A. 98-445, eff. 12-31-13.)
(225 ILCS 415/4.1 new)
Sec. 4.1. Address of record; email address of record.
All applicants and registrants shall:
(1) provide a valid address and email address to the
Department, which shall serve as the address of record and
email address of record, respectively, at the time of
application for licensure or renewal of a license; and
(2) inform the Department of any change of address of
record or email address of record within 14 days after
such change either through the Department's website or by
contacting the Department's licensure maintenance unit.
(225 ILCS 415/5) (from Ch. 111, par. 6205)
(Section scheduled to be repealed on January 1, 2024)
Sec. 5. Title. Every person to whom a valid existing
certificate as a certified shorthand reporter has been issued
under this Act shall be designated as a Certified Shorthand
Reporter and not otherwise, and any such certified shorthand
reporter may, in connection with the reporter's his or her
practice of shorthand reporting, use the abbreviation "C.S.R."
or the title "Court Reporter". No person other than the holder
of a valid existing certificate under this Act shall use the

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title or designation of "Certified Shorthand Reporter", "Court
Reporter", or "C.S.R.", either directly or indirectly in
connection with that person's his or her profession or
business.
(Source: P.A. 90-49, eff. 7-3-97.)
(225 ILCS 415/6) (from Ch. 111, par. 6206)
(Section scheduled to be repealed on January 1, 2024)
Sec. 6. Restricted certificate. Upon receipt of a written
request from the Chief Judge of the reporter's circuit, the
Department shall, upon payment of the required fee, issue to
any reporter who has been appointed in counties of less than
1,000,000 in population, has been examined under the Court
Reporters Act, and has achieved an "A" proficiency rating, a
restricted certificate by which such official court reporter
may then lawfully engage in reporting only court proceedings
to which he may be assigned by the Chief Judge of the
reporter's his circuit may assign.
(Source: P.A. 98-445, eff. 12-31-13.)
(225 ILCS 415/8) (from Ch. 111, par. 6208)
(Section scheduled to be repealed on January 1, 2024)
Sec. 8. Certified Shorthand Reporters Board. The Secretary
shall appoint a Certified Shorthand Reporters Board as
follows: 7 persons who shall be appointed by and shall serve in
an advisory capacity to the Secretary. Six members must be

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certified shorthand reporters, in good standing, and actively
engaged in the practice of shorthand reporting in this State
for ten years, and one member must be a member of the public
who is not certified under this Act, or a similar Act of
another jurisdiction.
Members shall serve 4 year terms and until the member's
their successors are appointed and qualified. No member shall
be reappointed to the Board for a term that would cause the
member's his continuous service on the Board to be longer than
2 full consecutive terms. Appointments to fill vacancies shall
be made in the same manner as original appointments, for the
unexpired portion of the vacated term.
In making appointments to the Board, the Secretary shall
give consideration to recommendations by national and State
organizations of the shorthand reporter profession.
Four members of the Board shall constitute a quorum. A
quorum is required for all Board decisions.
The Secretary may remove or suspend any member of the
Board for cause at any time before the expiration of the
member's his or her term. The Secretary shall be the sole
arbiter of cause.
The Secretary shall consider the recommendations of the
Board on questions involving standards of professional
conduct, discipline and qualifications of candidates and
certificate holders under this Act.
Members of the Board shall be reimbursed for all

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legitimate, necessary, and authorized expenses incurred in
attending the meetings of the Board.
Members of the Board have no liability in any action based
upon any disciplinary proceedings or other activity performed
in good faith as members of the Board.
(Source: P.A. 98-445, eff. 12-31-13.)
(225 ILCS 415/10) (from Ch. 111, par. 6210)
(Section scheduled to be repealed on January 1, 2024)
Sec. 10. The Department shall authorize examinations at
such time and place as it may designate. The examination shall
be of a character to give a fair test of the qualifications of
the applicant to practice shorthand reporting.
Applicants for examination as certified shorthand
reporters shall be required to pay, either to the Department
or the designated testing service, a fee covering the cost of
providing the examination. Failure to appear for the
examination on the scheduled date, at the time and place
specified, after the applicant's application for examination
has been received and acknowledged by the Department or the
designated testing service, shall result in the forfeiture of
the examination fee.
If an applicant neglects, fails or refuses to take the
next available examination offered or fails to pass an
examination for certification under this Act, the application
shall be denied. If an applicant for examination for

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certification under this Act fails to pass the examination
within 3 years after filing an his application, the
application shall be denied. However, such applicant may
thereafter make a new application accompanied by the required
fee.
The Department may employ consultants for the purpose of
preparing and conducting examinations.
An applicant has one year from the date of notification of
successful completion of the examination to apply to the
Department for a license. If an applicant fails to apply
within one year, the applicant shall be required to take and
pass the examination again unless licensed in another
jurisdiction of the United States within one year of passing
the examination.
(Source: P.A. 98-445, eff. 12-31-13.)
(225 ILCS 415/12.1)
(Section scheduled to be repealed on January 1, 2024)
Sec. 12.1. Social Security Number or individual taxpayer
identification number on license application. In addition to
any other information required to be contained in the
application, every application for an original license under
this Act shall include the applicant's Social Security Number
or individual taxpayer identification number, which shall be
retained in the Department's records pertaining to the
license. As soon as practicable, the Department shall assign a

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customer's identification number to each applicant for a
license. Every application for a renewal or restored license
shall require the applicant's customer identification number.
(Source: P.A. 98-445, eff. 12-31-13.)
(225 ILCS 415/14) (from Ch. 111, par. 6214)
(Section scheduled to be repealed on January 1, 2024)
Sec. 14. Expiration, renewal, and military service. The
expiration date and renewal period for each certificate issued
under this Act shall be set by rule.
Any certified shorthand reporter who has permitted the
reporter's his certificate to expire or who has had the
reporter's his certificate on inactive status may have the his
certificate restored by making application to the Department,
filing proof acceptable to the Department of the reporter's
his fitness to have the his certificate restored and paying
the required restoration fee. The Department may consider a
certificate expired less than 5 years as prima facie evidence
that the applicant is fit. If a certificate has expired or has
been placed on inactive status and the applicant has practiced
in another jurisdiction during such period, satisfactory proof
of fitness may include sworn evidence certifying to active
practice in another jurisdiction.
If the certified shorthand reporter has not maintained an
active practice in another jurisdiction satisfactory to the
Department, the Department shall determine, by an evaluation

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program established by rule, the reporter's his fitness to
resume active status and shall, by rule, establish procedures
and requirements for restoration.
However, any certified shorthand reporter whose
certificate expired while he was (1) in Federal Service on
active duty with the Armed Forces of the United States, while
or the State Militia called into service or training in the
State Militia, or while (2) in training or education under the
supervision of the United States preliminary to induction into
the military service, may have the his certificate renewed or
restored without paying any lapsed renewal fees if, within 2
years after termination of such service, training or education
except under conditions other than honorable, the Department
is furnished with satisfactory evidence to the effect that the
certificate holder has been so engaged and that the service,
training, or education has been terminated he furnished the
Department with satisfactory evidence to the effect that he
has been so engaged and that his service, training or
education has been so terminated.
(Source: P.A. 98-445, eff. 12-31-13.)
(225 ILCS 415/15) (from Ch. 111, par. 6215)
(Section scheduled to be repealed on January 1, 2024)
Sec. 15. Inactive status. Any certified shorthand reporter
who notifies the Department in writing on forms prescribed by
the Department, may elect to place the reporter's his

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certificate on an inactive status and shall, subject to rules
of the Department, be excused from payment of renewal fees
until he notifies the Department has been notified in writing
of the certificate holder's his desire to resume active
status.
Any certified shorthand reporter requesting restoration
from inactive status shall be required to pay the current
renewal fee and shall be required to restore the reporter's
his certificate, as provided in Section 14.
Any certified shorthand reporter whose certificate is in
an inactive status shall not practice shorthand reporting in
the State of Illinois.
(Source: P.A. 98-445, eff. 12-31-13.)
(225 ILCS 415/16) (from Ch. 111, par. 6216)
(Section scheduled to be repealed on January 1, 2024)
Sec. 16. Endorsement; licensure without examination. The
Department may certify as a certified shorthand reporter,
without examination, on payment of the required fee, an
applicant who is a certified shorthand reporter registered
under the laws of another jurisdiction, if the requirements
for certification of certified shorthand reporters in that
jurisdiction were, at the date of his certification,
substantially equivalent to the requirements in force in this
State on that date.
Applicants have 3 years from the date of application to

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complete the application process. If the process has not been
completed in 3 years, the application shall be denied, the fee
forfeited and the applicant must reapply and meet the
requirements in effect at the time of reapplication.
(Source: P.A. 98-445, eff. 12-31-13.)
(225 ILCS 415/17) (from Ch. 111, par. 6217)
(Section scheduled to be repealed on January 1, 2024)
Sec. 17. Fees; returned checks.
(a) The fees for the administration and enforcement of
this Act, including but not limited to, original
certification, renewal and restoration of a license issued
under this Act, shall be set by rule. The fees shall be
nonrefundable.
(b) All fees, fines, and penalties collected under this
Act shall be deposited into the General Professions Dedicated
Fund and shall be appropriated to the Department for the
ordinary and contingent expenses of the Department in the
administration of this Act.
(c) Any person who delivers a check or other payment to the
Department that is returned to the Department unpaid by the
financial institution upon which it is drawn shall pay to the
Department, in addition to the amount already owed to the
Department, a fine of $50. The fines imposed by this Section
are in addition to any other discipline provided under this
Act prohibiting unlicensed practice or practice on a

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nonrenewed license. The Department shall notify the person
that payment of fees and fines shall be paid to the Department
by certified check or money order within 30 calendar days of
the notification. If, after the expiration of 30 days from the
date of the notification, the person has failed to submit the
necessary remittance, the Department shall automatically
terminate the license or certificate or deny the application,
without hearing. If, after termination or denial, the person
seeks a license or certificate, the person he or she shall
apply to the Department for restoration or issuance of the
license or certificate and pay all fees and fines due to the
Department. The Department may establish a fee for the
processing of an application for restoration of a license or
certificate to pay all expenses of processing this
application. The Secretary may waive the fines due under this
Section in individual cases where the Secretary finds that the
fines would be unreasonable or unnecessarily burdensome.
(Source: P.A. 98-445, eff. 12-31-13.)
(225 ILCS 415/19) (from Ch. 111, par. 6219)
(Section scheduled to be repealed on January 1, 2024)
Sec. 19. Advertising. Any person certified under this Act
may advertise the availability of professional services in the
public media or on the premises where such professional
services are rendered as permitted by law, on the condition
that such advertising is truthful and not misleading and is in

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conformity with rules promulgated by the Department.
Advertisements shall not include false, fraudulent, deceptive,
or misleading material or guarantees of success.
Advertisements shall also not include any offers of any gift
or item of value to attorneys or the attorneys' their staff or
any other persons or entities associated with any litigation.
(Source: P.A. 98-445, eff. 12-31-13.)
(225 ILCS 415/23) (from Ch. 111, par. 6223)
(Section scheduled to be repealed on January 1, 2024)
Sec. 23. Grounds for disciplinary action.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including imposing fines not to exceed
$10,000 for each violation and the assessment of costs as
provided for in Section 23.3 of this Act, with regard to any
license for any one or combination of the following:
(1) Material misstatement in furnishing information to
the Department;
(2) Violations of this Act, or of the rules
promulgated thereunder;
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,

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conditional discharge, or first offender probation under
the laws of any jurisdiction of the United States: (i)
that is a felony or (ii) that is a misdemeanor, an
essential element of which is dishonesty, or that is
directly related to the practice of the profession;
(4) Fraud or any misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal of a license under this Act;
(5) Professional incompetence;
(6) Aiding or assisting another person, firm,
partnership or corporation in violating any provision of
this Act or rules;
(7) Failing, within 60 days, to provide information in
response to a written request made by the Department;
(8) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public;
(9) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol, or any
other substances that results in the inability to practice
with reasonable judgment, skill, or safety;
(10) Discipline by another state, unit of government,
government agency, the District of Columbia, a territory,
or foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to
those set forth herein;

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(11) Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services were not rendered, or giving,
directly or indirectly, any gift or anything of value to
attorneys or the attorneys' their staff or any other
persons or entities associated with any litigation, that
exceeds $100 total per year; for the purposes of this
Section, pro bono services, as defined by State law, are
permissible in any amount;
(12) A finding by the Board that the certificate
holder, after having the his certificate placed on
probationary status, has violated the terms of probation;
(13) Willfully making or filing false records or
reports in the practice of shorthand reporting, including
but not limited to false records filed with State agencies
or departments;
(14) Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor
skill which results in the inability to practice under
this Act with reasonable judgment, skill or safety;
(15) Solicitation of professional services other than
by permitted advertising;
(16) Willful failure to take full and accurate
stenographic notes of any proceeding;
(17) Willful alteration of any stenographic notes
taken at any proceeding;

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(18) Willful failure to accurately transcribe verbatim
any stenographic notes taken at any proceeding;
(19) Willful alteration of a transcript of
stenographic notes taken at any proceeding;
(20) Affixing one's signature to any transcript of his
stenographic notes or certifying to its correctness unless
the transcript has been prepared by the stenographer him
or under the stenographer's his immediate supervision;
(21) Willful failure to systematically retain
stenographic notes or transcripts on paper or any
electronic media for 10 years from the date that the notes
or transcripts were taken;
(22) Failure to deliver transcripts in a timely manner
or in accordance with contractual agreements;
(23) Establishing contingent fees as a basis of
compensation;
(24) Mental illness or disability that results in the
inability to practice under this Act with reasonable
judgment, skill, or safety;
(25) Practicing under a false or assumed name, except
as provided by law;
(26) Cheating on or attempting to subvert the
licensing examination administered under this Act;
(27) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act.
All fines imposed under this Section shall be paid within

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60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
(b) The determination by a circuit court that a
certificate holder is subject to involuntary admission or
judicial admission as provided in the Mental Health and
Developmental Disabilities Code, operates as an automatic
suspension. Such suspension will end only upon a finding by a
court that the patient is no longer subject to involuntary
admission or judicial admission, an order by the court so
finding and discharging the patient. In any case where a
license is suspended under this Section, the licensee may file
a petition for restoration and shall include evidence
acceptable to the Department that the licensee can resume
practice in compliance with acceptable and prevailing
standards of the profession.
(c) In cases where the Department of Healthcare and Family
Services has previously determined a licensee or a potential
licensee is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency
to the Department, the Department may refuse to issue or renew
or may revoke or suspend that person's license or may take
other disciplinary action against that person based solely
upon the certification of delinquency made by the Department
of Healthcare and Family Services in accordance with item (5)
of subsection (a) of Section 2105-15 of the Civil

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Administrative Code of Illinois.
(d) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any individual who
is certified under this Act or any individual who has applied
for certification under this Act to submit to a mental or
physical examination and evaluation, or both, which may
include a substance abuse or sexual offender evaluation, at
the expense of the Department. The Department shall
specifically designate the examining physician licensed to
practice medicine in all of its branches or, if applicable,
the multidisciplinary team involved in providing the mental or
physical examination and evaluation, or both. The
multidisciplinary team shall be led by a physician licensed to
practice medicine in all of its branches and may consist of one
or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed chiropractic
physicians, licensed clinical psychologists, licensed clinical
social workers, licensed clinical professional counselors, and
other professional and administrative staff. Any examining
physician or member of the multidisciplinary team may require
any person ordered to submit to an examination and evaluation
pursuant to this Section to submit to any additional
supplemental testing deemed necessary to complete any
examination or evaluation process, including, but not limited
to, blood testing, urinalysis, psychological testing, or
neuropsychological testing.

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The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed. The Department may order the
examining physician or any member of the multidisciplinary
team to present testimony concerning this examination and
evaluation of the certified shorthand reporter or applicant,
including testimony concerning any supplemental testing or
documents relating to the examination and evaluation. No
information, report, record, or other documents in any way
related to the examination and evaluation shall be excluded by
reason of any common law or statutory privilege relating to
communication between the licensee or applicant and the
examining physician or any member of the multidisciplinary
team. No authorization is necessary from the certified
shorthand reporter or applicant ordered to undergo an
evaluation and examination for the examining physician or any
member of the multidisciplinary team to provide information,
reports, records, or other documents or to provide any
testimony regarding the examination and evaluation. The
individual to be examined may have, at that individual's his
or her own expense, another physician of the individual's his
or her choice present during all aspects of the examination.
Failure of any individual to submit to mental or physical
examination and evaluation, or both, when directed, shall

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result in an automatic suspension, without hearing, until such
time as the individual submits to the examination. If the
Department finds a certified shorthand reporter unable to
practice because of the reasons set forth in this Section, the
Department shall require the certified shorthand reporter to
submit to care, counseling, or treatment by physicians
approved or designated by the Department, as a condition for
continued, reinstated, or renewed certification.
When the Secretary immediately suspends a certificate
under this Section, a hearing upon the person's certificate
must be convened by the Department within 15 days after the
suspension and completed without appreciable delay. The
Department shall have the authority to review the certified
shorthand reporter's record of treatment and counseling
regarding the impairment, to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
Individuals certified under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to
the Department that they can resume practice in compliance
with acceptable and prevailing standards under the provisions
of the individual's their certification.
(e) (Blank).
(f) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, the license of any person who fails to file a

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return, 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
requirements of any such tax Act are satisfied in accordance
with subsection (g) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(Source: P.A. 100-872, eff. 8-14-18.)
(225 ILCS 415/23.1) (from Ch. 111, par. 6224)
(Section scheduled to be repealed on January 1, 2024)
Sec. 23.1. Injunctive actions; order to cease and desist.
(a) If any person violates the provisions of this Act, the
Secretary may, in the name of the People of the State of
Illinois, through the Attorney General of the State of
Illinois or the State's Attorney of the county in which the
violation is alleged to have occurred, petition for an order
enjoining such violation or for an order enforcing compliance
with this Act. Upon the filing of a verified petition in such
court, the court may issue a temporary restraining order,
without notice or bond, and may preliminarily and permanently
enjoin such violation. If it is established that such person
has violated or is violating the injunction, the court may
punish the offender for contempt of court. Proceedings under
this Section shall be in addition to, and not in lieu of, all
other remedies and penalties provided by this Act.

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(b) If any person practices as a certified shorthand
reporter or holds oneself himself or herself out as a
certified shorthand reporter without being licensed under the
provisions of this Act then any certified shorthand reporter,
any interested party or any person injured thereby may, in
addition to the Secretary, petition for relief as provided in
subsection (a).
(c) Whenever in the opinion of the Department any person
violates any provision of this Act, the Department may issue a
rule to show cause why an order to cease and desist should not
be entered against that individual. The rule shall clearly set
forth the grounds relied upon by the Department and shall
provide a period of 7 days from the date of the rule to file an
answer to the satisfaction of the Department. Failure to
answer to the satisfaction of the Department shall cause an
order to cease and desist to be issued forthwith.
(Source: P.A. 98-445, eff. 12-31-13.)
(225 ILCS 415/23.2) (from Ch. 111, par. 6225)
(Section scheduled to be repealed on January 1, 2024)
Sec. 23.2. Investigations; notice and hearing. The
Department may investigate the actions of any applicant or of
any person or persons holding or claiming to hold a
certificate. The Department shall, before refusing to issue or
renew, or taking disciplinary action against, a certificate,
at least 30 days prior to the date set for the hearing, notify

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in writing the applicant for, or holder of, a certificate of
the nature of the charges and the time and place for a hearing
on the charges. The Department shall direct the applicant or
licensee to file a written answer to the charges with the Board
under oath within 20 days after the service of the notice and
inform the applicant or licensee that failure to file an
answer will result in default being taken against the
applicant or licensee. At the time and place fixed in the
notice, the Department shall proceed to hear the charges and
the parties or the parties' their counsel shall be accorded
ample opportunity to present any pertinent statements,
testimony, evidence, and arguments. The Department may
continue the hearing from time to time. In case the person,
after receiving the notice, fails to file an answer, the his or
her license may, in the discretion of the Department, be
revoked, suspended, or placed on probationary status or the
Department may take whatever disciplinary action considered
proper, including limiting the scope, nature, or extent of the
person's practice or the imposition of a fine, without a
hearing, if the act or acts charged constitute sufficient
grounds for that action under this Act. The written notice and
any notice in the subsequent proceeding may be served by
regular registered or certified mail to the licensee's address
of record or by electronic mail to the licensee's email
address of record.
(Source: P.A. 98-445, eff. 12-31-13.)

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(225 ILCS 415/23.4) (from Ch. 111, par. 6227)
(Section scheduled to be repealed on January 1, 2024)
Sec. 23.4. Subpoenas; oaths. The Department may subpoena
and bring before it any person and to take the oral or written
testimony or compel the production of any books, papers,
records, or any other documents that the Secretary or the
Secretary's his or her designee deems relevant or material to
an investigation or hearing conducted by the Department with
the same fees and mileage and in the same manner as prescribed
by law in judicial procedure in civil cases in courts of this
State.
The Secretary, the designated hearing officer, any member
of the Board, or a certified shorthand court reporter may have
power to administer oaths at any hearing which the Department
conducts. Notwithstanding any other statute or Department rule
to the contrary, all requests for testimony and production of
documents or records shall be in accordance with this Act.
(Source: P.A. 98-445, eff. 12-31-13.)
(225 ILCS 415/23.6) (from Ch. 111, par. 6229)
(Section scheduled to be repealed on January 1, 2024)
Sec. 23.6. Board report. At the conclusion of the hearing
the Board shall present to the Secretary a written report of
its findings of fact, conclusions of law and recommendations.
The report shall contain a finding whether or not the accused

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person violated this Act or failed to comply with the
conditions required in this Act. The Board shall specify the
nature of the violation or failure to comply, and shall make
its recommendations to the Secretary. The report of findings
of fact, conclusions of law, and recommendations of the Board
shall be the basis for the Secretary's Department's action
regarding a certificate. If the Secretary disagrees in any
regard with the report of the Board he may issue an order in
contravention thereof. The finding is not admissible in
evidence against the person in a criminal prosecution brought
for the violation of this Act, but the hearing and findings are
not a bar to a criminal prosecution brought for the violation
of this Act.
(Source: P.A. 98-445, eff. 12-31-13.)
(225 ILCS 415/23.7) (from Ch. 111, par. 6230)
(Section scheduled to be repealed on January 1, 2024)
Sec. 23.7. Motion for rehearing. In any hearing involving
the refusal to issue or renew, or the taking of disciplinary
action against, a certificate, a copy of the Board's report
shall be served upon the respondent by the Department as
provided in this Act for the service of the notice of hearing.
Within 20 days after such service, the respondent may present
to the Secretary Department a motion in writing for a
rehearing, which motion shall specify the particular grounds
therefor. If no motion for rehearing is filed, then upon the

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expiration of the time specified for filing such a motion, or
if a motion for rehearing is denied, then upon such denial the
Secretary may enter an order in accordance with
recommendations of the Board except as provided in Section
23.6. If the respondent shall order from the reporting
service, and pay for a transcript of the record within the time
for filing a motion for rehearing, the 20 day period within
which such a motion may be filed shall commence upon the
delivery of the transcript to the respondent.
(Source: P.A. 98-445, eff. 12-31-13.)
(225 ILCS 415/23.9) (from Ch. 111, par. 6232)
(Section scheduled to be repealed on January 1, 2024)
Sec. 23.9. Hearing officers, reports, and review. The
Secretary shall have the authority to appoint any attorney
duly licensed to practice law in the State of Illinois to serve
as the hearing officer in any action involving a refusal to
issue or renew, or the taking of disciplinary action against a
certificate. The hearing officer shall have full authority to
conduct the hearing. The hearing officer shall report the
hearing officer's his or her findings of fact, conclusions of
law, and recommendations to the Board and the Secretary. The
Board shall have 60 days from receipt of the report to review
the report of the hearing officer and present the Board's
their findings of fact, conclusions of law, and
recommendations to the Secretary. If the Board fails to

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present its report within the 60 day period, the Secretary may
issue an order based on the report of the hearing officer. If
the Secretary disagrees with the report of the Board or
hearing officer, he may issue an order in contravention
thereof.
(Source: P.A. 98-445, eff. 12-31-13.)
(225 ILCS 415/23.15) (from Ch. 111, par. 6238)
(Section scheduled to be repealed on January 1, 2024)
Sec. 23.15. Certification of record; receipt. The
Department shall not be required to certify any record to the
court or file any answer in court or otherwise appear in any
court in a judicial review proceeding, unless and until the
Department has received from the plaintiff payment of the
costs of furnishing and certifying the record, which costs
shall be determined by the Department. Exhibits shall be
certified without cost. Failure on the part of the plaintiff
to file a receipt in court shall be grounds for dismissal of
the action.
(Source: P.A. 98-445, eff. 12-31-13.)
(225 ILCS 415/24) (from Ch. 111, par. 6240)
(Section scheduled to be repealed on January 1, 2024)
Sec. 24. Administrative Procedure Act. The Illinois
Administrative Procedure Act is hereby expressly adopted and
incorporated herein as if all of the provisions of that Act

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were included in this Act, except that the provision of
subsection (d) of Section 10-65 of the Illinois Administrative
Procedure Act that provides that at hearings the certificate
holder has the right to show compliance with all lawful
requirements for retention, continuation or renewal of
certification is specifically excluded. For the purpose of
this Act the notice required under Section 10-25 of the
Illinois Administrative Procedure Act is deemed sufficient
when mailed to the last known address of record or email
address of record.
(Source: P.A. 98-445, eff. 12-31-13.)
(225 ILCS 415/26) (from Ch. 111, par. 6242)
(Section scheduled to be repealed on January 1, 2024)
Sec. 26. Every shorthand reporter shall print the
reporter's his or her name and license or restricted license
number on each transcript reported.
(Source: P.A. 87-481; 87-576.)
(225 ILCS 415/26.1)
(Section scheduled to be repealed on January 1, 2024)
Sec. 26.1. Responsibility for notes. It is the licensee's
responsibility to preserve the licensee's his or her shorthand
notes for a period of no less than 10 years from the date that
the notes or transcripts were taken, except as otherwise
prescribed by law, through storage of the original paper notes

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or an electronic copy of either the shorthand notes or the
English transcript of the notes on computer disks, cassettes,
backup tape systems, optical or laser disk systems, or other
retrieval systems available at the time that the notes or
transcripts were taken.
(Source: P.A. 98-445, eff. 12-31-13.)
(225 ILCS 415/18 rep.)
Section 15. The Illinois Certified Shorthand Reporters Act
of 1984 is amended by repealing Section 18.
Section 99. Effective date. This Section and Section 5
take effect upon becoming law.
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INDEX
Statutes amended in order of appearance
5 ILCS 80/4.34
5 ILCS 80/4.39
225 ILCS 415/4 from Ch. 111, par. 6204
225 ILCS 415/4.1 new
225 ILCS 415/5 from Ch. 111, par. 6205
225 ILCS 415/6 from Ch. 111, par. 6206
225 ILCS 415/8 from Ch. 111, par. 6208
225 ILCS 415/10 from Ch. 111, par. 6210
225 ILCS 415/12.1
225 ILCS 415/14 from Ch. 111, par. 6214
225 ILCS 415/15 from Ch. 111, par. 6215
225 ILCS 415/16 from Ch. 111, par. 6216
225 ILCS 415/17 from Ch. 111, par. 6217
225 ILCS 415/19 from Ch. 111, par. 6219
225 ILCS 415/23 from Ch. 111, par. 6223
225 ILCS 415/23.1 from Ch. 111, par. 6224
225 ILCS 415/23.2 from Ch. 111, par. 6225
225 ILCS 415/23.4 from Ch. 111, par. 6227
225 ILCS 415/23.6 from Ch. 111, par. 6229
225 ILCS 415/23.7 from Ch. 111, par. 6230
225 ILCS 415/23.9 from Ch. 111, par. 6232
225 ILCS 415/23.15 from Ch. 111, par. 6238
225 ILCS 415/24 from Ch. 111, par. 6240
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