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| Public Act 103-0816
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| HB4426 Enrolled | LRB103 35695 AWJ 65771 b |
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Regulatory Sunset Act is amended by |
changing Sections 4.35 and 4.40 as follows:
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(5 ILCS 80/4.35) |
Sec. 4.35. Acts repealed on January 1, 2025. The following |
Acts are repealed on January 1, 2025: |
The Genetic Counselor Licensing Act. |
The Illinois Certified Shorthand Reporters Act of 1984. |
(Source: P.A. 103-563, eff. 11-17-23.)
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(5 ILCS 80/4.40) |
Sec. 4.40. Acts repealed on January 1, 2030. The following |
Acts are repealed on January 1, 2030: |
The Auction License Act. |
The Illinois Architecture Practice Act of 1989. |
The Illinois Certified Shorthand Reporters Act of 1984. |
The Illinois Professional Land Surveyor Act of 1989. |
The Orthotics, Prosthetics, and Pedorthics Practice Act. |
The Perfusionist Practice Act. |
The Professional Engineering Practice Act of 1989. |
The Real Estate License Act of 2000. |
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The Structural Engineering Practice Act of 1989. |
(Source: P.A. 101-269, eff. 8-9-19; 101-310, eff. 8-9-19; |
101-311, eff. 8-9-19; 101-312, eff. 8-9-19; 101-313, eff. |
8-9-19; 101-345, eff. 8-9-19; 101-346, eff. 8-9-19; 101-357, |
eff. 8-9-19; 102-558, eff. 8-20-21.)
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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:
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(225 ILCS 415/4) (from Ch. 111, par. 6204) |
(Section scheduled to be repealed on January 1, 2025) |
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 |
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 |
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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 |
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.)
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(225 ILCS 415/4.1 new) |
Sec. 4.1. Address of record; email address of record. All |
applicants and registrants shall: |
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(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.
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(225 ILCS 415/5) (from Ch. 111, par. 6205) |
(Section scheduled to be repealed on January 1, 2025) |
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 |
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.)
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(225 ILCS 415/6) (from Ch. 111, par. 6206) |
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(Section scheduled to be repealed on January 1, 2025) |
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.)
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(225 ILCS 415/8) (from Ch. 111, par. 6208) |
(Section scheduled to be repealed on January 1, 2025) |
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 |
certified shorthand reporters, in good standing, and actively |
engaged in the practice of shorthand reporting in this State |
for 10 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 members' |
their successors are appointed and qualified. No member shall |
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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 |
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.)
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(225 ILCS 415/10) (from Ch. 111, par. 6210) |
(Section scheduled to be repealed on January 1, 2025) |
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 |
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. |
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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.)
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(225 ILCS 415/12.1) |
(Section scheduled to be repealed on January 1, 2025) |
Sec. 12.1. Social Security Number or federal 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 federal 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 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.)
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(225 ILCS 415/14) (from Ch. 111, par. 6214) |
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(Section scheduled to be repealed on January 1, 2025) |
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 |
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 |
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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.)
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(225 ILCS 415/15) (from Ch. 111, par. 6215) |
(Section scheduled to be repealed on January 1, 2025) |
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 |
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 |
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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.)
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(225 ILCS 415/16) (from Ch. 111, par. 6216) |
(Section scheduled to be repealed on January 1, 2025) |
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 |
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.)
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(225 ILCS 415/17) (from Ch. 111, par. 6217) |
(Section scheduled to be repealed on January 1, 2025) |
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 |
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 |
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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.)
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(225 ILCS 415/19) (from Ch. 111, par. 6219) |
(Section scheduled to be repealed on January 1, 2025) |
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 |
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. |
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(Source: P.A. 98-445, eff. 12-31-13.)
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(225 ILCS 415/23) (from Ch. 111, par. 6223) |
(Section scheduled to be repealed on January 1, 2025) |
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, |
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 |
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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; |
(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 |
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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; |
(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 |
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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 |
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 |
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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 |
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 |
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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. |
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 |
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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 |
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 |
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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. |
An individual 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 |
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 |
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Administrative Code of Illinois. |
(Source: P.A. 100-872, eff. 8-14-18.)
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(225 ILCS 415/23.1) (from Ch. 111, par. 6224) |
(Section scheduled to be repealed on January 1, 2025) |
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. |
(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 |
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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.)
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(225 ILCS 415/23.2) (from Ch. 111, par. 6225) |
(Section scheduled to be repealed on January 1, 2025) |
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 |
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 |
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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, 2025) |
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, |
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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.)
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(225 ILCS 415/23.6) (from Ch. 111, par. 6229) |
(Section scheduled to be repealed on January 1, 2025) |
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 |
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 |
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regarding a certificate. If the Secretary disagrees in any |
regard with the report of the Board, the Secretary 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.)
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(225 ILCS 415/23.7) (from Ch. 111, par. 6230) |
(Section scheduled to be repealed on January 1, 2025) |
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 |
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 |
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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.)
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(225 ILCS 415/23.9) (from Ch. 111, par. 6232) |
(Section scheduled to be repealed on January 1, 2025) |
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 |
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, the Secretary he may issue an order in |
contravention thereof. |
(Source: P.A. 98-445, eff. 12-31-13.)
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(225 ILCS 415/23.15) (from Ch. 111, par. 6238) |
(Section scheduled to be repealed on January 1, 2025) |
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.)
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(225 ILCS 415/24) (from Ch. 111, par. 6240) |
(Section scheduled to be repealed on January 1, 2025) |
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 |
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 |
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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.)
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(225 ILCS 415/26) (from Ch. 111, par. 6242) |
(Section scheduled to be repealed on January 1, 2025) |
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.)
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(225 ILCS 415/26.1) |
(Section scheduled to be repealed on January 1, 2025) |
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 |
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.)
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