|
| Public Act 097-0979
|
| HB4479 Enrolled | LRB097 14454 CEL 59303 b |
|
|
AN ACT concerning regulation.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 1. The Regulatory Sunset Act is amended by changing |
Section 4.23 and by adding Section 4.33 as follows:
|
(5 ILCS 80/4.23)
|
Sec. 4.23. Acts and Sections repealed on January 1,
2013. |
The following Acts and Sections of Acts are
repealed on January |
1, 2013:
|
The Dietetic and Nutrition Services Practice Act.
|
The Elevator Safety and Regulation Act.
|
The Fire Equipment Distributor and Employee Regulation Act |
of 2011. |
The Funeral Directors and Embalmers Licensing Code.
|
The Naprapathic Practice Act.
|
The Professional Counselor and Clinical Professional |
Counselor
Licensing Act.
|
The Wholesale Drug Distribution Licensing Act.
|
Section 2.5 of the Illinois Plumbing License Law.
|
(Source: P.A. 95-331, eff. 8-21-07; 96-1499, eff. 1-18-11.)
|
(5 ILCS 80/4.33 new) |
Sec. 4.33. Act repealed on January 1,
2023. The following |
|
Act is
repealed on January 1, 2023: |
The Fire Equipment Distributor and Employee Regulation Act |
of 2011.
|
Section 5. The Fire
Equipment Distributor and
Employee |
Regulation Act of 2011 is amended by changing Sections 5, 10, |
30, 35, 40, 75, 85, and 90 and by adding Sections 82 and 83 as |
follows:
|
(225 ILCS 217/5) |
(Section scheduled to be repealed on January 1, 2013)
|
Sec. 5. Definitions. As used in this Act: |
(a) "Employee" means a licensee
or a person who is |
currently employed by a distributor licensed under this
Act |
whose full or part-time duties include servicing, recharging,
|
hydro-testing, installing, maintaining, or inspecting all |
types of fire
extinguishing devices or systems, other than |
water sprinkler systems. |
(b) "Board" means the Fire Equipment Distributor and |
Employee
Advisory Board. |
(c) "Person" means a natural person or any company, |
corporation, or other
business entity. |
(d) "Fire equipment distributor" means any person, company |
or
corporation that services, recharges, hydro-tests, |
inspects, installs,
maintains, alters, repairs, replaces, or |
services fire extinguishing devices
or systems, other than |
|
water sprinkler systems, for customers, clients, or
other third |
parties. "Fire equipment distributor" does not include a |
person,
company, or corporation employing 2,000 or more |
employees within the State
of Illinois that engages in these |
activities incidental to its own business. |
(e) "Public member" means a person who is not a licensee or |
a relative
of a licensee, or who is not an employer or employee |
of a licensee.
The term "relative" shall be determined by rules |
of the State Fire Marshal. |
(f) "Residency" means an actual domicile in Illinois for a |
period of not
less than one year. |
(g) "Inspection" means a determination that a fire |
extinguisher is
available in its designated place and has not |
been actuated or tampered
with. "Inspection" does not include |
the inspection that may be performed by
the building owner, |
tenant, or insurance representative. |
(h) "Maintenance" means a determination that an |
extinguisher will
operate effectively and safely. It includes a |
thorough examination and any
necessary repair or replacement. |
It also includes checking the date of
manufacture or last |
hydrostatic test to see if internal inspection of the
cylinder |
or hydrostatic testing is necessary, and checking for cuts, |
bulges,
dents, abrasions, corrosion, condition of paint, shell |
hanger attachment,
maintenance of nameplate, weight of |
contents, pressure gauge, valve,
removal of pull pin, discharge |
nozzle, hose assembly, and operating
instructions.
|
|
(i) "NAFED" means the National Association of Fire |
Equipment Distributors located in Chicago, Illinois. |
(j) "ICC" means the International Code Council. |
(Source: P.A. 96-1499, eff. 1-18-11.)
|
(225 ILCS 217/10) |
(Section scheduled to be repealed on January 1, 2013)
|
Sec. 10. License requirement; injunction; cease and desist |
order. |
(a) No person shall act as a fire
equipment distributor or |
employee, or
advertise or
assume to act as such, or use any |
title implying that such person
is engaged in such practice or |
occupation unless licensed by the State Fire
Marshal.
|
No firm, association, or corporation shall act as an
agency |
licensed under this Act, or advertise or assume to act as such,
|
or use any title implying that the firm, association, or |
corporation
is engaged in such practice, unless licensed by the |
State Fire Marshal.
|
(b) The State Fire Marshal, in the name of the People and |
through the Attorney
General, the
State's Attorney of any |
county, any interested resident of the State, or any interested |
legal
entity within the State, may petition the court with |
appropriate jurisdiction for an order seeking injunctive |
relief to enjoin from practicing a licensed activity in |
violation of this Act any person, firm, association, or |
corporation who has not been issued a license, or whose license |
|
has been suspended, revoked, or not renewed. If any person, |
firm, association, or corporation holds itself out as being a |
licensee under this Act and is not licensed to do so, then any |
licensee, interested party, or any person injured thereby may |
petition for relief as provided in this Section. Upon the |
filing of a verified complaint, a copy shall be served upon the |
defendant and the proceedings shall thereafter be conducted as |
in other civil cases. The court with appropriate jurisdiction |
may issue a temporary restraining order without notice or bond. |
apply for injunctive relief in any court to enjoin
any person |
who has not been issued a license or whose license
has been |
suspended, revoked, or not renewed from practicing
a licensed |
activity, and upon the filing of a verified petition,
the |
court, if satisfied by affidavit or otherwise, that such person
|
is or has been practicing in violation
of this Act may enter a |
temporary restraining order
or preliminary injunction, without |
bond, enjoining
the defendant from such further activity. A |
copy of the verified complaint
shall be served upon the |
defendant and the proceedings shall thereafter
be conducted as |
in other civil cases. If it is established that
the defendant
|
has been or is practicing in violation of this Act, the court |
may enter
a judgment permanently perpetually enjoining the |
defendant
from such further activity.
In case of violation of |
any injunctive order or judgment entered under the
provisions |
of this
Section, the court may summarily try and punish the
|
offender for contempt of court. Such injunctive proceeding |
|
shall be in
addition to all penalties and other remedies in |
this Act. |
(c) Whenever, in the opinion of the State Fire Marshal, a |
person, firm, association, or corporation violates any |
provision of this Act, the State Fire Marshal may issue an |
order to show cause why an order to cease and desist should not |
be entered against that person, firm, association, or |
corporation. The order shall clearly set forth the grounds |
relied upon by the State Fire Marshal and shall allow the |
person, firm, association, or corporation at least 7 days after |
the date of the order to file an answer satisfactory to the |
State Fire Marshal. A failure to answer an order to show cause |
to the satisfaction of the State Fire Marshal shall result in |
the issuance of an order to cease and desist. |
(d) The State Fire Marshal may refuse to issue a license |
to, or may suspend 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.
|
(Source: P.A. 96-1499, eff. 1-18-11.)
|
(225 ILCS 217/30) |
(Section scheduled to be repealed on January 1, 2013)
|
Sec. 30. Rules; report. |
|
(a) The State Fire Marshal shall adopt rules consistent
|
with the provisions
of this Act for the administration and |
enforcement thereof, and may prescribe
forms that shall be |
issued in connection therewith. The rules shall include
|
standards and criteria for registration, professional
conduct, |
and discipline. The State Fire Marshal shall consult with the |
Board
in
adopting all rules under this Act.
|
(b) (Blank). The Board shall propose to the State Fire |
Marshal additions or
modifications
to administrative rules |
whenever a majority of the members believes the
rules are |
deficient for the proper administration of this Act.
|
(c) (Blank). The State Fire Marshal may solicit the advice |
and expert knowledge of
the Board
on any matter relating to the |
administration and enforcement of this Act.
|
(d) In the adopting of rules relating to fire equipment
|
distributors and employees, the State Fire Marshal shall be |
guided by the
national
fire safety standards and codes and fire |
equipment and facility standards
and code, including, but not |
limited to, those adopted by the National
Fire Protection |
Association and the National Association of Fire Equipment
|
Distributors.
|
(e) In the adopting of rules relating to the maintenance |
and operation
of hydrostatic testing equipment and tools for |
all fire equipment distributors
and employees, the State Fire |
Marshal shall be guided by the requirements of
the
United |
States Department of Transportation as set forth in Section |
|
173.34(e)(1)
of Title 49 of Code of Federal Regulations.
|
(f) The State Fire Marshal shall by rule establish |
procedures for an
applicant for any class fire equipment |
employee license to work for a
licensed fire equipment |
distributor for training.
|
(g) The rules adopted by the Office of the State Fire |
Marshal under
the
Fire Equipment Distributor and Employee |
Regulation Act of 2000 shall remain in effect
until
such time |
as the Office of the State Fire Marshal adopts rules under this
|
Act.
|
(h) (Blank). The State Fire Marshal shall issue to the |
Board prior to each Board
meeting,
but not less than quarterly, |
a report of the status of all convictions related
to the |
profession received by the State Fire Marshal.
|
(Source: P.A. 96-1499, eff. 1-18-11.)
|
(225 ILCS 217/35) |
(Section scheduled to be repealed on January 1, 2013)
|
Sec. 35. Personnel. The State Fire Marshal may employ, in |
conformity with
the Personnel
Code,
such professional, |
technical, investigative, or clerical help, on either
a full or |
part-time basis, as may be necessary for the enforcement of |
this
Act. Each investigator shall have a minimum of 2 years' |
investigative
experience
out of the preceding 5 years.
|
An investigator may not hold an active license issued under |
this Act
or have any fiduciary interest in any business |
|
licensed
under this Act. This prohibition does not, however, |
prohibit an investigator
from holding stock in a |
publicly-traded business licensed or regulated under
this Act, |
provided that the investigator does not hold more than 5% of |
the
stock in the business.
|
(Source: P.A. 96-1499, eff. 1-18-11.)
|
(225 ILCS 217/40) |
(Section scheduled to be repealed on January 1, 2013)
|
Sec. 40. Qualifications for licensure; fees. |
(a) No person shall engage in practice as a fire equipment |
distributor or
fire equipment employee without first
applying |
for and obtaining a license for that purpose from the Office of
|
the State Fire Marshal.
|
(b) To qualify for a Class A Fire Equipment Distributor |
License to service,
recharge,
hydro-test, install, maintain, |
or inspect all types of fire extinguishers, an
applicant must |
provide all of the following:
|
(1) An annual license fee of $100.
|
(2) Evidence of registration as an Illinois |
corporation or
evidence of compliance with the Assumed |
Business Name Act.
|
(3) Evidence of financial responsibility in a minimum |
amount of
$300,000 through liability insurance, |
self-insurance,
group insurance, group self-insurance, or |
risk retention groups.
|
|
(c) To qualify for a Class B Fire Equipment Distributor |
License to service,
recharge,
hydro-test, install, maintain, |
or inspect all types of pre-engineered fire
extinguishing |
systems, an applicant must provide all of the following:
|
(1) An annual license fee of $200.
|
(2) Evidence of registration as an Illinois |
corporation or
evidence of compliance with the Assumed |
Business Name Act.
|
(3) Evidence of financial responsibility in a minimum |
amount of
$300,000 through liability insurance, |
self-insurance, group insurance, group
self-insurance, or |
risk retention groups.
|
(4) Evidence of owning, leasing, renting, or having |
access to proper
testing equipment that is in compliance |
with the national standards adopted
by the State Fire |
Marshal for the maintenance and operation of testing
tools |
for use with all Class B fire equipment.
|
(d) To qualify for a Class C Fire Equipment Distributor |
License to service,
repair,
hydro-test, inspect, and engineer |
all types of engineered fire suppression
systems, an applicant |
must provide all of the following:
|
(1) An annual license fee of $300.
|
(2) Evidence of registration as an Illinois |
corporation or
evidence of compliance with the Assumed |
Business Name Act.
|
(3) Evidence of financial responsibility in a minimum |
|
amount of
$300,000 through liability insurance, |
self-insurance, group insurance,
group self-insurance, or |
risk retention groups.
|
(4) Evidence of owning, leasing, renting, or having |
access to proper
testing equipment that is in compliance |
with the national standards adopted
by the State Fire |
Marshal for the maintenance and operation of testing
tools |
for use with all Class C fire equipment.
|
(e) To qualify for a Class 1 Fire Equipment Employee |
License to service,
recharge, hydro-test, install, maintain, |
or inspect all types
of fire extinguishers, an applicant must |
complete all of the following:
|
(1) Pass the ICC/NAFED examination administered by the |
ICC as a technician certified to service a Portable Fire |
Extinguisher.
|
(2) Pay an annual license fee of $20.
|
(3) Provide 2 copies of a current photograph at least |
1" x 1" in size.
|
(f) To qualify for a Class 2I 2 Fire Equipment Employee |
License to service,
recharge, hydro-test, install, maintain, |
or inspect all types
of pre-engineered industrial fire |
extinguishing systems, an applicant must complete all of
the |
following:
|
(1) Pass the ICC/NAFED examination administered by the |
ICC as a technician certified to service Pre-Engineered |
Industrial Fire Suppression Systems.
|
|
(2) Pay an annual license fee of $20.
|
(3) Provide 2 copies of a current photograph at least |
1" x 1" in size.
|
(f-5) To qualify for a Class 2K Fire Equipment Employee |
License to service, recharge, hydro-test, install, maintain, |
or inspect all types of pre-engineered kitchen fire |
extinguishing systems, an applicant must complete all of the |
following: |
(1) Pass the ICC/NAFED examination administered by the |
ICC as a technician certified to service Pre-Engineered |
Kitchen Fire Extinguishing Systems. |
(2) Pay an annual fee of $20. |
(3) Provide 2 copies of a current photograph at least |
1" x 1" in size. |
(g) To qualify for a Class 3 Fire Equipment Employee |
License to service,
recharge, hydro-test, maintain, inspect, |
or engineer all
types of engineered fire extinguishing systems, |
an applicant must complete all
of the following:
|
(1) Pass the examination.
|
(2) Pay an annual license fee of $20.
|
(3) Provide a current photograph at least 1" x 1" in |
size.
|
(h) All licenses issued under this Act shall remain in |
effect unless the licensee is otherwise notified by the Office |
of the State Fire Marshal. |
(Source: P.A. 96-1499, eff. 1-18-11.)
|
|
(225 ILCS 217/75) |
(Section scheduled to be repealed on January 1, 2013)
|
Sec. 75. Grounds for disciplinary sanctions. Licensees |
subject to this Act
shall conduct their
practice in accordance |
with this Act and with any rules adopted
under this Act. The |
State Fire Marshal may refuse to issue or renew any license and |
it may suspend or revoke any license or may place on probation, |
censure, reprimand, or take other disciplinary action deemed |
appropriate by the State Fire Marshal and enumerated in this |
Act, including the imposition of fines not to exceed $5,000 for |
each violation, with regard to any license issued under this |
Act for any one or more of the reasons enumerated in this |
Section. Any civil penalty assessed by the State Fire Marshal |
pursuant to this Act 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 executed |
in the same manner as any judgment from any court of record. |
Grounds for discipline under this Act are: Licensees shall |
be subject to the exercise of the
disciplinary sanctions |
enumerated in Section 90 if the State Fire Marshal finds
that a |
licensee is guilty of any of the following:
|
(1) fraud or material deception in obtaining or |
renewing of a license;
|
(2) professional incompetence as manifested by poor |
standards of service;
|
|
(3) engaging in dishonorable, unethical, or |
unprofessional conduct of a
character likely to deceive, |
defraud, or harm the public in the course of
professional |
services or activities;
|
(4) conviction of any crime by a licensee that has a |
substantial
relationship to his or her practice or an |
essential element of which is
misstatement, fraud, or |
dishonesty, or conviction in this or another state
of any |
crime that is a felony under the laws of Illinois or |
conviction of
a felony in a federal court, unless the |
person demonstrates that he or she has
been sufficiently |
rehabilitated to warrant the public trust;
|
(5) performing any services in a grossly negligent |
manner or
permitting any of his or her licensed employees |
to perform services in a
grossly
negligent manner, |
regardless of whether actual damage or damages to the
|
public is established;
|
(6) habitual drunkenness or habitual addiction to the |
use
of morphine,
cocaine, controlled substances, or other |
habit-forming drugs;
|
(7) directly or indirectly willfully receiving |
compensation for any
professional services not actually |
rendered;
|
(8) having disciplinary action taken against his or her |
license in another
state;
|
(9) making differential treatment against any person |
|
to his or her detriment
because of race, color, creed, sex, |
religion, or national origin;
|
(10) engaging in unprofessional conduct;
|
(11) engaging in false or misleading advertising;
|
(12) contracting or assisting unlicensed persons to |
perform services for
which a license is required under this |
Act;
|
(13) permitting the use of his or her license to enable |
any unlicensed
person
or agency to operate as a licensee;
|
(14) performing and charging for services without |
having authorization
to do so from the member of the public |
being served;
|
(15) failure to comply with any provision of this Act |
or the rules
adopted under this Act;
|
(16) conducting business regulated by this Act without |
a currently valid
license.
|
(Source: P.A. 96-1499, eff. 1-18-11.)
|
(225 ILCS 217/82 new) |
Sec. 82. Investigations. The State Fire Marshal may |
investigate the actions of any applicant or any person, firm, |
association, or corporation holding or claiming to hold a |
license under this Act. Before revoking, suspending, |
reprimanding, or taking any other disciplinary action |
permitted under this Act, the State Fire Marshal may issue a |
citation, refer the matter for prosecution, or institute formal |
|
charges as provided for in this Act.
|
(225 ILCS 217/83 new) |
Sec. 83. Citations. |
(a) The State Fire Marshal may adopt rules to permit the |
issuance of citations for certain violations of this Act or the |
rules adopted under this Act. The citation shall be issued to |
the licensee and shall contain the licensee's name and address, |
the licensee's license number, a brief factual statement, the |
Sections of the law or rules allegedly violated, and the |
penalty imposed. The citation must clearly state that the |
licensee may choose, in lieu of accepting the citation, to |
request a hearing on the date and at the place specified on the |
citation. The citation shall not provide a hearing date less |
than 30 days after the citation's issuance date. Any dispute |
filed by the licensee with the State Fire Marshal shall comply |
with the requirements for a written answer set forth in |
subsection (a) of Section 85 of this Act. If the licensee does |
not dispute the citation with the State Fire Marshal within 20 |
days after the citation is served, then the citation shall |
become a final order and shall constitute discipline. The |
penalty shall be a fine or other conditions as established by |
rule. |
(b) The State Fire Marshal shall adopt rules designating |
violations for which a citation may be issued. Such rules shall |
identify citation violations for those violations for which |
|
there is, in the determination of the State Fire Marshal or his |
or her designee, no substantial threat to the public health, |
safety, or welfare. Citations shall not be utilized if, in the |
determination of the State Fire Marshal or his or her designee, |
significant consumer harm resulted from the violation. |
(c) A citation must be issued within 6 months after the |
State Fire Marshal became first aware of the facts forming the |
basis for the citation. |
(d) Service of a citation may be made by personal service |
or certified mail to the licensee at the licensee's address of |
record.
|
(225 ILCS 217/85) |
(Section scheduled to be repealed on January 1, 2013)
|
Sec. 85. Formal charges. |
(a) Before revoking, suspending, annulling, withdrawing, |
amending materially, or refusing to renew any valid license, |
Following the investigative process, the State Fire Marshal |
shall may
file formal charges against the licensee. The formal |
charges shall, at
a minimum, inform the licensee of the facts |
that make up the basis of the
charge
and that are specific |
enough to enable the licensee to defend himself.
|
(b) Each licensee whose conduct is the subject of a formal |
charge that
seeks to impose disciplinary action against the |
licensee shall be served
notice of said formal charge at least |
30 days before the date of the hearing,
which shall be presided |
|
over by a hearing officer
authorized by the State Fire Marshal. |
Service shall be considered to have been
given if the notice |
was personally received by the licensee or if the notice
was |
sent by certified mail, return receipt requested to the |
licensee at the
licensee's
last known address, as listed with |
the State Fire Marshal.
|
(c) The notice of formal charges shall consist at a minimum |
of the following
information:
|
(1) the time, place, and date of the hearing;
|
(2) that the licensee shall appear personally at the |
hearing and may be
represented by counsel;
|
(3) that the licensee shall have the right to produce |
witnesses and
evidence in his behalf and shall have the |
right to cross-examine witnesses and
refute
evidence
|
produced against him or her;
|
(4) that the hearing could result in disciplinary |
action being taken
against his or her license;
|
(5) that rules for the conduct of these hearings exist |
and it may be in
the licensee's best interest to obtain a |
copy;
|
(6) that a hearing officer authorized by the State Fire |
Marshal
shall preside at the hearing and following the |
conclusion of said hearing
shall make findings of fact, |
conclusions of law, and recommendations,
separately
|
stated, to the State Fire Marshal as to what disciplinary |
action, if any,
should be
imposed on the licensee; and
|
|
(7) that the State Fire Marshal may continue such |
hearing; .
|
(8) that the licensee shall file a written answer to |
the charges with the State
Fire Marshal under oath within |
20 days after service of the notice; and |
(9) that if the accused fails to answer, a default |
judgment shall be taken against him, her, or it, or that |
his, her, or its license may be suspended, revoked, placed |
on probationary status, or subject to other disciplinary |
action as the State Fire Marshal deems proper, without a |
hearing, if the act or acts charged constitute sufficient |
grounds for such action under this Act. |
(d) The hearing officer authorized by the State Fire |
Marshal shall
hear evidence produced in support of the formal |
charges and contrary evidence
produced by the licensee, if any. |
At the conclusion of the hearing, the
hearing officer shall |
make findings of fact, conclusions of law, and
recommendations,
|
separately stated, and submit them to the State Fire Marshal |
and to all parties
to
the proceeding. Submission to the |
licensee shall be considered as having
been made if done in a |
similar fashion as service of the notice of formal
charges. |
Within 20 days after such service, any party to the proceeding
|
may present to the State Fire Marshal a motion, in writing, for |
a rehearing which
written motion shall specify the particular |
grounds therefor.
|
(e) The State Fire Marshal, following the time allowed for |
|
filing a motion
for rehearing,
shall review the hearing |
officer's findings of fact, conclusions of law,
and |
recommendations,
and any motions filed subsequent thereto. |
After review of such information
the State Fire Marshal may |
hear oral arguments and thereafter shall issue an
order.
The |
report of findings of fact, conclusions of law, and |
recommendations of
the hearing officer shall be the basis for |
the State Fire Marshal's order.
If the State Fire Marshal
finds |
that substantial justice was not done, he or she may issue an |
order in
contravention
of the findings of fact, conclusions of |
law, and recommendations of the hearing
officer. The State Fire |
Marshal shall provide the Board with written
explanation of
any |
such deviation, and shall specify with particularity the |
reasons for
said action. The finding is not admissible in |
evidence against the person
in 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.
|
(f) All proceedings under this Section are matters of |
public record
and shall be preserved.
|
(Source: P.A. 96-1499, eff. 1-18-11.)
|
(225 ILCS 217/90) |
(Section scheduled to be repealed on January 1, 2013)
|
Sec. 90. Disciplinary sanctions; hearings. |
(a) The State Fire Marshal shall impose any of the |
|
following sanctions,
singly or in combination, when he or she |
finds that a licensee is guilty of any
offense described in |
Section 75:
|
(1) revocation;
|
(2) suspension for any period of time;
|
(3) reprimand or censure;
|
(4) placement on probationary status and the |
requirement of the submission
of any of the following:
|
(i) report regularly to the Board or State Fire |
Marshal upon matters
that
are
the basis of the |
probation;
|
(ii) continuation or renewal of professional |
education until a
satisfactory degree
of skill has been |
attained in those areas that are the basis of the |
probation;
or
|
(iii) such other reasonable requirements or |
restrictions as are proper;
|
(5) refusal to issue, renew, or restore;
|
(6) revocation of probation that has been granted and |
imposition of any
other discipline
in this subsection (a) |
when the requirements of probation have not been
fulfilled |
or have been violated; or .
|
(7) imposition of a fine not to exceed $5,000 for each |
violation of this Act or the rules adopted under this Act. |
(b) The State Fire Marshal may summarily suspend a license |
under this Act,
without
a hearing, simultaneously with the |
|
filing of a formal complaint and notice
for a hearing provided |
under this Section if the State Fire Marshal finds that the
|
continued operations of the individual would constitute an |
immediate danger
to the public. In the event the State Fire |
Marshal suspends a license under this
subsection, a hearing by |
the hearing officer designated by the
State Fire Marshal shall |
begin within 20 days after such suspension begins, unless
|
continued at the request of the licensee.
|
(c) Disposition may be made of any formal complaint by |
consent order between
the State Fire Marshal and the licensee, |
but the Board must be apprised of the
full
consent order in a |
timely way.
|
(d) The State Fire Marshal shall reinstate any license to |
good standing
under
this Act, upon recommendation to the State |
Fire Marshal, after a hearing before
the
hearing officer |
authorized by the State Fire Marshal.
The State Fire Marshal |
shall be satisfied that the applicant's renewed practice
is not |
contrary to the public interest.
|
(e) The State Fire Marshal may order a licensee to submit |
to a reasonable
physical examination if his or her physical |
capacity to practice safely is at
issue in a disciplinary |
proceeding.
Failure to comply with a State Fire Marshal order |
to submit to a
physical
examination shall render a licensee |
liable to the summary suspension
procedures described in this |
Section.
|
(f) The State Fire Marshal may conduct hearings and issue |
|
cease and desist
orders
to persons who engage in activities |
prohibited by this Act without having
a valid license, |
certificate, or registration. Any person in violation of
a |
cease and desist order entered by the State Fire Marshal shall |
be subject to
all
of the remedies provided by law, and in |
addition, shall be subject to a
civil penalty payable to the |
party injured by the violation.
|
(g) The State Fire Marshal shall seek to achieve |
consistency in the
application
of the foregoing sanctions and |
consent orders and significant departure
from prior decisions |
involving similar conduct shall be explained in the
State Fire |
Marshal's orders.
|
(Source: P.A. 96-1499, eff. 1-18-11.)
|
(225 ILCS 217/25 rep.) |
(225 ILCS 217/50 rep.) |
(225 ILCS 217/55 rep.) |
Section 10. The Fire
Equipment Distributor and
Employee |
Regulation Act of 2011 is amended by repealing Sections 25, 50, |
and 55.
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|
| |
INDEX
| |
Statutes amended in order of appearance
|
|
