Bill Text: IL HB4058 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Regulatory Sunset Act. Extends the repeal of the Professional Geologist Licensing Act from January 1, 2016 to January 1, 2026. Amends the Professional Geologist Licensing Act. Makes changes in provisions regarding definitions, restrictions and limitations, the Board of Licensing for Professional Geologists, disciplinary actions, investigations, records of disciplinary proceedings, rehearings, hearing officer proceedings, restoration of suspended and revoked licenses, administrative review, and administrative procedure. Increases civil penalties for violations of the Act. Replaces references to the Director of Professional Regulation with references to the Secretary of Financial and Professional Regulation. Provides that all information collected by the Department of Financial and Professional Regulation in the course of examination or investigation of a licensee or applicant remain confidential. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-02-27 - Referred to Rules Committee [HB4058 Detail]

Download: Illinois-2015-HB4058-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB4058 Introduced , by Rep. Raymond Poe SYNOPSIS AS INTRODUCED:
See Index
Amends the Regulatory Sunset Act. Extends the repeal of the Professional Geologist Licensing Act from January 1, 2016 to January 1, 2026. Amends the Professional Geologist Licensing Act. Makes changes in provisions regarding definitions, restrictions and limitations, the Board of Licensing for Professional Geologists, disciplinary actions, investigations, records of disciplinary proceedings, rehearings, hearing officer proceedings, restoration of suspended and revoked licenses, administrative review, and administrative procedure. Increases civil penalties for violations of the Act. Replaces references to the Director of Professional Regulation with references to the Secretary of Financial and Professional Regulation. Provides that all information collected by the Department of Financial and Professional Regulation in the course of examination or investigation of a licensee or applicant remain confidential. Makes other changes. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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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
Section 4.26 and by adding Section 4.36 as follows:
(5 ILCS 80/4.26)
Sec. 4.26. Acts repealed on January 1, 2016. The following
Acts are repealed on January 1, 2016:
The Illinois Athletic Trainers Practice Act.
The Illinois Roofing Industry Licensing Act.
The Illinois Dental Practice Act.
The Collection Agency Act.
The Barber, Cosmetology, Esthetics, Hair Braiding, and
Nail Technology Act of 1985.
The Respiratory Care Practice Act.
The Hearing Instrument Consumer Protection Act.
The Illinois Physical Therapy Act.
The Professional Geologist Licensing Act.
(Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08;
96-1246, eff. 1-1-11.)
(5 ILCS 80/4.36 new)
Sec. 4.36. Act repealed on January 1, 2026. The following

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Act is repealed on January 1, 2026:
The Professional Geologist Licensing Act.
Section 10. The Professional Geologist Licensing Act is
amended by changing Sections 15, 25, 30, 35, 75, 80, 90, 95,
100, 110, 120, 125, 130, 135, 145, 155, 162, 165, and 170 and
by adding Section 180 as follows:
(225 ILCS 745/15)
(Section scheduled to be repealed on January 1, 2016)
Sec. 15. Definitions. In this Act:
"Address of record" means the designated address recorded
by the Department in the applicant's application file or the
licensee's license file, as maintained by the Department's
licensure maintenance unit.
"Board" means the Board of Licensing for Professional
Geologists.
"Department" means the Department of Financial and
Professional Regulation.
"Geologist" means an individual who, by reason of his or
her knowledge of geology, mathematics, and the physical and
life sciences, acquired by education and practical experience
as defined by this Act, is capable of practicing the science of
geology.
"Geology" means the science that includes the treatment of
the earth and its origin and history including, but not limited

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to, (i) the investigation of the earth's crust and interior and
the solids and fluids, including all surface and underground
waters, gases, and other materials that compose the earth as
they may relate to geologic processes; (ii) the study of the
natural agents, forces, and processes that cause changes in the
earth; and (iii) the utilization of this knowledge of the earth
and its solids, fluids, and gases, and their collective
properties and processes, for the benefit of humankind.
"Person" or "individual" means a natural person.
"Practice of professional geology" means the performance
of, or the offer to perform, the services of a geologist,
including consultation, investigation, evaluation, planning,
mapping, inspection of geologic work, and other services that
require extensive knowledge of geologic laws, formulas,
principles, practice, and methods of data interpretation.
A person shall be construed to practice or offer to
practice professional geology, within the meaning and intent of
this Act, if that person (i) by verbal claim, sign,
advertisement, letterhead, card, or any other means,
represents himself or herself to be a Licensed Professional
Geologist or through the use of some title implies that he or
she is a Licensed Professional Geologist or is licensed under
this Act or (ii) holds himself or herself out as able to
perform or does perform services or work defined in this Act as
the practice of professional geology.
Examples of the practice of professional geology include,

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but are not limited to, the conduct of, or responsible charge
for, the following types of activities: (i) mapping, sampling,
and analysis of earth materials, interpretation of data, and
the preparation of oral or written testimony regarding the
probable geological causes of events; (ii) planning, review,
and supervision of data gathering activities, interpretation
of geological data gathered by direct and indirect means,
preparation and interpretation of geological maps,
cross-sections, interpretive maps and reports for the purpose
of determining regional or site specific geological
conditions; (iii) the planning, review, and supervision of data
gathering activities and interpretation of data on regional or
site specific geological characteristics affecting
groundwater; (iv) the interpretation of geological conditions
on the surface of the Earth and at depth in the Earth for the
purpose of determining whether those conditions correspond to a
geologic map of the site or a legally specified geological
requirement for the site; and (v) the conducting of
environmental property audits.
"Licensed Professional Geologist" means an individual who
is licensed under this Act to engage in the practice of
professional geology in Illinois.
"Responsible charge" means the independent control and
direction, by use of initiative, skill, and independent
judgment, of geological work or the supervision of that work.
"Secretary" means the Secretary of Financial and

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Professional Regulation.
(Source: P.A. 96-666, eff. 8-25-09; 96-1327, eff. 7-27-10.)
(225 ILCS 745/25)
(Section scheduled to be repealed on January 1, 2016)
Sec. 25. Restrictions and limitations. No person shall,
without a valid license issued by the Department (i) in any
manner hold himself or herself out to the public as a Licensed
Professional Geologist; (ii) attach the title "Licensed
Professional Geologist" to his or her name; or (iii) render or
offer to render to individuals, corporations, or public
agencies services constituting the practice of professional
geology.
Individuals practicing geology in Illinois as of the
effective date of this amendatory Act of 1997 may continue to
practice as provided in this Act until the Department has
adopted rules implementing this Act. To continue practicing
geology after the adoption of rules, individuals shall apply
for licensure within 180 days after the effective date of the
rules. If an application is received during the 180-day period,
the individual may continue to practice until the Department
acts to grant or deny licensure. If an application is not filed
within the 180-day period, the individual must cease the
practice of geology at the conclusion of the 180-day period and
until the Department acts to grant a license to the individual.
(Source: P.A. 96-1327, eff. 7-27-10.)

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(225 ILCS 745/30)
(Section scheduled to be repealed on January 1, 2016)
Sec. 30. Powers and duties of the Department. Subject to
the provisions of this Act, the Department may:
(a) Authorize examinations to ascertain the qualifications
and fitness of applicants for licensing as a Licensed
Professional Geologist or as a Licensed Specialty Geologist, as
defined by the Board, and pass upon the qualifications of
applicants for licensure by endorsement.
(b) Conduct hearings on proceedings to refuse to issue or
renew licenses or to revoke, licenses or suspend, place on
probation, or reprimand, or take any other disciplinary or
non-disciplinary action against licenses issued persons
licensed under this Act, and to refuse to issue or renew or to
revoke licenses, or suspend, place on probation, or reprimand
persons licensed under this Act.
(c) Formulate rules required for the administration of this
Act.
(d) Obtain written recommendations from the Board
regarding (i) definitions of curriculum content and approval of
geological curricula, standards of professional conduct, and
formal disciplinary actions and the formulation of rules
affecting these matters and (ii) when petitioned by the
applicant, opinions regarding the qualifications of applicants
for licensing.

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(e) Maintain rosters of the names and addresses of all
licensees, and all persons whose licenses have been suspended,
revoked, or denied renewal, or otherwise disciplined for cause
within the previous calendar year. These rosters shall be
available upon written request and payment of the required fee.
(Source: P.A. 96-1327, eff. 7-27-10.)
(225 ILCS 745/35)
(Section scheduled to be repealed on January 1, 2016)
Sec. 35. Board of Licensing for Professional Geologists;
members; qualifications; duties.
(a) The Secretary Director shall appoint a Board of
Licensing for Professional Geologists which shall serve in an
advisory capacity to the Secretary Director. The Board shall be
composed of 8 persons, 7 of whom shall be voting members
appointed by the Secretary Director, who shall give due
consideration to recommendations by members of the profession
of geology and of geology organizations within the State. In
addition, the State Geologist or his or her designated
representative, shall be an advisory, non-voting member of the
Board.
(b) Insofar as possible, the geologists appointed to serve
on the Board shall be generally representative of the
occupational and geographical distribution of geologists
within this State.
(c) Of the 7 appointed voting members of the Board, 6 shall

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be geologists and one shall be a member of the general public
with no family or business connection with the practice of
geology.
(d) Each of the first appointed geologist members of the
Board shall have at least 10 years of active geological
experience and shall possess the education and experience
required for licensure. Each subsequently appointed geologist
member of the Board shall be a Licensed Professional Geologist
licensed under this Act with at least 10 years of experience.
(e) Voting members shall be appointed to 4-year terms.
Partial terms of over 2 years in length shall be considered
full terms. Of the initial appointments, the Director shall
appoint 3 voting members for a term of 4 years, 2 voting
members for a term of 3 years, and 2 voting members for a term
of 2 years. Thereafter, voting members shall be appointed for
4-year terms. Terms shall commence on the 3rd Monday in
January.
(f) Members shall hold office until the expiration of their
terms or until their successors have been appointed and have
qualified.
(g) No voting member of the Board shall serve more than 2
consecutive full terms.
(h) Vacancies in the membership of the Board shall be
filled by appointment for the remainder of the unexpired term.
(i) The Secretary Director may remove or suspend any
appointed member of the Board for cause at any time before the

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expiration of his or her term. The Secretary shall be the sole
arbiter of cause.
(j) The Board shall annually elect one of its members as
chairperson and one of its members as vice-chair.
(k) The members of the Board shall be reimbursed for all
legitimate and necessary expenses authorized by the Department
incurred in attending the meetings of the Board.
(l) The Board may make recommendations to the Secretary
Director to establish the examinations and their method of
grading.
(m) The Board may submit written recommendations to the
Secretary Director concerning formulation of rules and a Code
of Professional Conduct and Ethics. The Board may recommend or
endorse revisions and amendments to the Code and to the rules
from time to time.
(n) The Board may make recommendations on matters relating
to continuing education of Licensed Professional Geologists,
including the number of hours necessary for license renewal,
waivers for those unable to meet that requirement, and
acceptable course content. These recommendations shall not
impose an undue burden on the Department or an unreasonable
restriction on those seeking a license renewal.
(o) Four voting Board members constitutes a quorum. A
quorum is required for all Board decisions.
(Source: P.A. 96-666, eff. 8-25-09; 96-1327, eff. 7-27-10.)

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(225 ILCS 745/75)
(Section scheduled to be repealed on January 1, 2016)
Sec. 75. Returned checks; fines. 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 for unlicensed practice or practice on
a 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 calendar days
from the date of the notification, the person has failed to
submit the necessary remittance, the Department shall
automatically terminate the license or deny the application,
without hearing. If, after termination or denial, the person
seeks a license to practice as a Licensed Professional
Geologist, he or she shall apply to the Department for
restoration or issuance of the license 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 to pay all expenses of processing this application. The
Secretary Director may waive the fines due under this Section
in individual cases where the Secretary Director finds that the
fines would be unreasonable or unnecessarily burdensome.

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(Source: P.A. 96-1327, eff. 7-27-10.)
(225 ILCS 745/80)
(Section scheduled to be repealed on January 1, 2016)
Sec. 80. Disciplinary actions.
(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 fines not to exceed $10,000 $5,000
for each violation, 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
under this Act.
(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,
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. Conviction of any crime
under the laws of the United States or any state or
territory of the United States that is a felony or that is

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a misdemeanor, an essential element of which is dishonesty,
or of any crime that is directly related to the practice of
the profession.
(4) Making any misrepresentation for the purpose of
obtaining licensure or violating any provision of this Act
or the rules promulgated under this Act pertaining to
advertising.
(5) Professional incompetence.
(6) Malpractice. Gross malpractice.
(7) Aiding or assisting another person in violating any
provision of this Act or rules promulgated under this Act.
(8) Failing, within 60 days, to provide information in
response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(10) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in the inability to practice with reasonable
judgment, skill, or safety.
(11) Discipline by another state, the District of
Columbia, a territory of the United States, or a foreign
nation, if at least one of the grounds for the discipline
is the same or substantially equivalent to those set forth
in this Section.
(12) Directly or indirectly giving to or receiving from

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any person, firm, corporation, partnership, or association
any fee, commission, rebate or other form of compensation
for professional services not actually or personally
rendered.
(13) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
(14) Willfully making or filing false records or
reports in his or her practice, including but not limited
to, false records filed with State agencies or departments.
(15) Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor
skill that results in the inability to practice the
profession with reasonable judgment, skill, or safety.
(16) Solicitation of professional services other than
permitted advertising.
(17) Conviction of or cash compromise of a charge or
violation of the Illinois Controlled Substances Act
regulating narcotics.
(18) Failure to (i) file a tax return, (ii) pay the
tax, penalty, or interest shown in a filed return, or (iii)
pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois
Department of Revenue, until the requirements of that tax
Act are satisfied.
(19) Conviction by any court of competent

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jurisdiction, either within or outside this State, of any
violation of any law governing the practice of professional
geology, if the Department determines, after
investigation, that the person has not been sufficiently
rehabilitated to warrant the public trust.
(20) Gross, willful, or continued overcharging for
professional services, including filing false statements
for collection of fees for which services are not rendered.
(21) Practicing under a false or, except as provided by
law, an assumed name.
(22) Fraud or misrepresentation in applying for, or
procuring, a license to practice as a Licensed Professional
Geologist under this Act or in connection with applying for
renewal of a license under this Act.
(23) Cheating on or attempting to subvert the licensing
examination administered under this Act.
(24) Practicing under a false or, except as provided by
law, an assumed name.
(b) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon a finding by a court that the licensee is no
longer subject to the involuntary admission or judicial
admission and issues an order so finding and discharging the
licensee; and upon the recommendation of the Board to the

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Secretary Director that the licensee be allowed to resume his
or her practice.
All fines imposed under this Section shall be paid within
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.
(Source: P.A. 96-1327, eff. 7-27-10.)
(225 ILCS 745/90)
(Section scheduled to be repealed on January 1, 2016)
Sec. 90. Investigations; notice and hearing. The
Department may investigate the actions of any applicant or of
any person or persons rendering or offering to render
geological services or any person holding or claiming to hold a
license as a Licensed Professional Geologist. The Department
shall, before revoking, suspending, placing on probation,
reprimanding, or taking any other disciplinary action under
Section 80 of this Act, at least 30 days before the date set
for the hearing, (i) notify the accused in writing of the
charges made and the time and place for the hearing on the
charges, (ii) direct him or her to file a written answer to the
charges with the Board under oath within 20 days after the
service on him or her of the notice, and (iii) notify inform
the accused that, if he or she fails to answer, default will be
taken against him or her, and or that his or her license may be
suspended, revoked, placed on probationary status, or other

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disciplinary action taken with regard to the license, including
limiting the scope, nature, or extent of his or her practice,
as the Department may consider proper. At the time and place
fixed in the notice, the Board shall proceed to hear the
charges and the parties or their counsel shall be accorded
ample opportunity to present any pertinent statements,
testimony, evidence, and arguments. The Board may continue the
hearing from time to time. In case the person, after receiving
the notice, fails to file an answer, his or her license may, in
the discretion of the Department, be suspended, revoked, placed
on probationary status, or subject to any other disciplinary
action the Department considers proper 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 may be served by personal delivery
or by certified mail to the licensee's address of record.
specified by the accused in his or her last notification with
the Department.
(Source: P.A. 96-1327, eff. 7-27-10.)
(225 ILCS 745/95)
(Section scheduled to be repealed on January 1, 2016)
Sec. 95. Record of proceedings; transcript. The
Department, at its expense, shall preserve a record of all

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proceedings at the formal hearing of any case. The notice of
hearing, complaint, all other documents in the nature of
pleadings, written motions filed in the proceedings, the
transcripts of testimony, the report of the hearing officer and
the Board, and orders of the Department shall be in the record
of the proceeding. The Department shall furnish a transcript of
such record to any person interested in such hearing upon
payment of the fee required under Section 2105-115 of the
Department of Professional Regulation Law (20 ILCS
2105/2105-115).
(Source: P.A. 91-239, eff. 1-1-00.)
(225 ILCS 745/100)
(Section scheduled to be repealed on January 1, 2016)
Sec. 100. Subpoenas; depositions; oaths. The Department
has the power to subpoena and to bring before it any person and
to take testimony either orally or by deposition, or both, with
the same fees and mileage and in the same manner as prescribed
in civil cases in the courts of this State.
The Secretary Director, the designated hearing officer,
and every member of the Board has the power to administer oaths
to witnesses at any hearing that the Department is authorized
to conduct, and any other oaths authorized in any Act
administered by the Department.
(Source: P.A. 89-366, eff. 7-1-96.)

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(225 ILCS 745/110)
(Section scheduled to be repealed on January 1, 2016)
Sec. 110. Findings and recommendations. At the conclusion
of the hearing, the Board shall present to the Secretary
Director a written report of its findings of fact, conclusions
of law, and recommendations. The report shall contain a finding
whether or not the accused person violated this Act or its
rules or failed to comply with the conditions required in this
Act or its rules. The Board shall specify the nature of any
violations or failure to comply and shall make its
recommendations to the Secretary Director. In making
recommendations for any disciplinary actions, the Board may
take into consideration all facts and circumstances bearing
upon the reasonableness of the conduct of the accused and the
potential for future harm to the public, including but not
limited to previous discipline of the accused by the
Department, intent, degree of harm to the public and likelihood
of harm in the future, any restitution made by the accused, and
whether the incident or incidents contained in the complaint
appear to be isolated or represent a continuing pattern of
conduct. In making its recommendations for discipline, the
Board shall endeavor to ensure that the severity of the
discipline recommended is reasonably related to the severity of
the violation.
The report of findings of fact, conclusions of law, and
recommendation of the Board shall be the basis for the

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Department's order refusing to issue, restore, or renew a
person's license to practice as a Licensed Professional
Geologist, or otherwise disciplining a licensee. If the
Secretary Director disagrees with the recommendations of the
Board, the Secretary Director may issue an order in
contravention of the Board recommendations. The Secretary
Director shall provide a written report to the Board on any
disagreement and shall specify the reasons for the action in
the final order. The finding is not admissible in evidence
against the person in a criminal prosecution brought for a
violation of this Act, but the hearing and finding are not a
bar to a criminal prosecution brought for a violation of this
Act.
(Source: P.A. 96-1327, eff. 7-27-10.)
(225 ILCS 745/120)
(Section scheduled to be repealed on January 1, 2016)
Sec. 120. Secretary Director;rehearing. Whenever the
Secretary Director believes that justice has not been done in
the revocation, suspension, or refusal to issue, restore, or
renew a person's license to practice as a Licensed Professional
Geologist, or other discipline of an applicant or licensee, he
or she may order a rehearing by the same or other examiners.
(Source: P.A. 96-1327, eff. 7-27-10.)
(225 ILCS 745/125)

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(Section scheduled to be repealed on January 1, 2016)
Sec. 125. Appointment of a hearing officer. The Secretary
Director has the authority to appoint any attorney licensed to
practice law in the State of Illinois to serve as the hearing
officer in any action for refusal to issue, restore, or renew a
person's license to practice as a Licensed Professional
Geologist or to discipline a licensee. The hearing officer has
full authority to conduct the hearing. Members At least one
member of the Board may shall attend each hearing. The hearing
officer shall report his or her findings of fact, conclusions
of law, and recommendations to the Board and the Secretary
Director. The Board shall have 60 calendar days from receipt of
the report to review the report of the hearing officer and
present its findings of fact, conclusions of law, and
recommendations to the Secretary Director. If the Board does
not present its report within the 60-day period, the Secretary
Director may issue an order based on the report of the hearing
officer. If the Secretary Director disagrees with the
recommendation of the Board or of the hearing officer, the
Secretary Director may issue an order in contravention of the
recommendation. The Secretary Director shall promptly provide
a written report to the Board on any deviation, and shall
specify the reasons for the action in the final order.
(Source: P.A. 96-1327, eff. 7-27-10.)
(225 ILCS 745/130)

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(Section scheduled to be repealed on January 1, 2016)
Sec. 130. Order or certified copy; prima facie proof. An
order or certified copy thereof, over the seal of the
Department and purporting to be signed by the Secretary
Director,is prima facie proof that:
(a) the signature is the genuine signature of the
Secretary Director;
(b) the Secretary Director is duly appointed and
qualified; and
(c) the Board and its members are qualified to act.
(Source: P.A. 89-366, eff. 7-1-96.)
(225 ILCS 745/135)
(Section scheduled to be repealed on January 1, 2016)
Sec. 135. Restoration of suspended or revoked license. At
any time after the successful completion of a term of
indefinite probation, suspension, or revocation of a
suspension or revocation of a person's license to practice as a
Licensed Professional Geologist, the Department may restore it
to the licensee, upon the written recommendation of the Board,
unless after an investigation and a hearing the Board
determines that restoration is not in the public interest.
(Source: P.A. 96-1327, eff. 7-27-10.)
(225 ILCS 745/145)
(Section scheduled to be repealed on January 1, 2016)

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Sec. 145. Summary suspension of a license. The Secretary
Director may summarily suspend the license of a Licensed
Professional Geologist without a hearing, simultaneously with
the institution of proceedings for a hearing provided for in
Section 90 of this Act, if the Secretary Director finds that
evidence in the Secretary's Director's possession indicates
that the continuation of practice by a Licensed Professional
Geologist would constitute an imminent danger to the public. In
the event that the Secretary Director summarily suspends the
license of a Licensed Professional Geologist without a hearing,
a hearing must be commenced within 30 days after the suspension
has occurred and concluded as expeditiously as practical.
(Source: P.A. 96-1327, eff. 7-27-10.)
(225 ILCS 745/155)
(Section scheduled to be repealed on January 1, 2016)
Sec. 155. Administrative review; certifications
Certifications of record; costs. All final administrative
decisions of the Department are subject to judicial review
pursuant to the Administrative Review Law and its rules. The
term "administrative decision" is defined as in Section 3-101
of the Code of Civil Procedure.
Proceedings for judicial review shall be commenced in the
circuit court of the county in which the party applying for
review resides, but, if the party is not a resident of this
State, the venue shall be in Sangamon County.

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The Department shall not be required to certify any record
to the court, to file an answer in court, or to 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, there is
filed in the court, with the complaint, a receipt from the
Department acknowledging payment of the costs of furnishing and
certifying the record, which costs shall be determined by the
Department. Failure on the part of the plaintiff to file the
receipt in court is grounds for dismissal of the action.
During the pendency and hearing of any and all judicial
proceedings incident to the disciplinary action, the sanctions
imposed upon the accused by the Department specified in the
Department's final administrative decision shall, as a matter
of public policy, remain in full force and effect in order to
protect the public pending final resolution of any of the
proceedings.
(Source: P.A. 89-366, eff. 7-1-96.)
(225 ILCS 745/162)
(Section scheduled to be repealed on January 1, 2016)
Sec. 162. Civil penalties.
(a) In addition to any other penalty provided by law, any
person who violates this Act shall forfeit and pay a civil
penalty to the Department in an amount not to exceed $10,000
$5,000 for each offense as determined by the Department. The

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civil penalty shall be assessed by the Department after a
hearing is held in accordance with the provisions of this Act
regarding the provision of a hearing for the discipline of a
licensee.
(b) The Department has the authority and power to
investigate any and all unlicensed activity.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty. The
order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(d) All moneys collected under this Section shall be
deposited into the General Professions Dedicated Fund.
(Source: P.A. 89-366, eff. 7-1-96.)
(225 ILCS 745/165)
(Section scheduled to be repealed on January 1, 2016)
Sec. 165. Consent order. At any point in the proceedings as
provided in Sections 85 through 130 and Section 150, both
parties may agree to a negotiated consent order. The consent
order shall be final upon signature of the Secretary Director.
(Source: P.A. 89-366, eff. 7-1-96.)
(225 ILCS 745/170)
(Section scheduled to be repealed on January 1, 2016)
Sec. 170. Illinois Administrative Procedure Act;

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application. The Illinois Administrative Procedure Act is
expressly adopted and incorporated in this Act as if all of the
provisions of that Act were included in this Act, except that
the provision of paragraph (d) of Section 10-65 of the Illinois
Administrative Procedure Act, which provides that at hearings
the registrant or licensee has the right to show compliance
with all lawful requirements for retention or continuation or
renewal of the license, is specifically excluded. For the
purpose of this Act, the notice required under Section 10-25 of
the Illinois Administrative Procedure Act is considered
sufficient when mailed to the last known address of record a
party.
(Source: P.A. 89-366, eff. 7-1-96; 90-655, eff. 7-30-98.)
(225 ILCS 745/180 new)
Sec. 180. Confidentiality. All information collected by
the Department in the course of an examination or investigation
of a licensee or applicant, including, but not limited to, any
complaint against a licensee filed with the Department and
information collected to investigate any such complaint, shall
be maintained for the confidential use of the Department and
shall not be disclosed. The Department shall not disclose the
information to anyone other than law enforcement officials,
regulatory agencies that have an appropriate regulatory
interest as determined by the Secretary, or a party presenting
a lawful subpoena to the Department. Information and documents

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disclosed to a federal, State, county, or local law enforcement
agency shall not be disclosed by the agency for any purpose to
any other agency or person. A formal complaint filed against a
licensee by the Department or any order issued by the
Department against a licensee or applicant shall be a public
record, except as otherwise prohibited by law.
Section 99. Effective date. This Act takes effect
immediately.
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INDEX
Statutes amended in order of appearance