Bill Text: IL SB1684 | 2019-2020 | 101st General Assembly | Chaptered


Bill Title: Amends the Regulatory Sunset Act. Extends the repeal date of the Illinois Architecture Practice Act of 1989 from January 1, 2020 to January 1, 2030. Amends the Illinois Architecture Practice Act of 1989. Provides that applicants and licensees shall provide a valid address and email address to the Department of Financial and Professional Regulation, which shall serve as the address and email address of record, and shall inform the Department of any change to those addresses through specified means. Makes changes in provisions concerning the powers and duties of the Department; examinations; renewal, reinstatement, or restoration of a license; persons in military service; professional design firm registration; endorsement; grounds for disciplinary action; investigations; record of proceeding; hearings; hearing officers; restoration from disciplinary status; temporary suspension of a license; administrative review; the Architecture Licensing Board, including the addition of one member to the Board, and the powers and duties of the Board; technical submissions; seals; display of a license; application for licensure, including adding a requirement that an applicant shall complete the application process within 3 years. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0346 [SB1684 Detail]

Download: Illinois-2019-SB1684-Chaptered.html



Public Act 101-0346
SB1684 EnrolledLRB101 08690 JRG 53775 b
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 4.30 and by adding Section 4.40 as follows:
(5 ILCS 80/4.30)
Sec. 4.30. Acts repealed on January 1, 2020. The following
Acts are repealed on January 1, 2020:
The Auction License Act.
The Community Association Manager Licensing and
Disciplinary Act.
The Illinois Architecture Practice Act of 1989.
The Illinois Landscape Architecture Act of 1989.
The Illinois Professional Land Surveyor Act of 1989.
The Orthotics, Prosthetics, and Pedorthics Practice Act.
The Perfusionist Practice Act.
The Pharmacy Practice Act.
The Professional Engineering Practice Act of 1989.
The Real Estate License Act of 2000.
The Structural Engineering Practice Act of 1989.
(Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17;
100-863, eff. 8-14-18.)
(5 ILCS 80/4.40 new)
Sec. 4.40. Act repealed on January 1, 2030. The following
Act is repealed on January 1, 2030:
The Illinois Architecture Practice Act of 1989.
Section 10. The Illinois Architecture Practice Act of 1989
is amended by changing Sections 4, 6, 8, 9, 10, 11, 12, 13, 14,
16, 17, 17.5, 18, 19, 20, 21, 22, 23, 23.5, 24, 25, 26, 27, 28,
29, 30, 31, 32, 33, 34, and 37 and by adding Section 4.1 as
follows:
(225 ILCS 305/4) (from Ch. 111, par. 1304)
(Section scheduled to be repealed on January 1, 2020)
Sec. 4. Definitions. In this Act:
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file 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 such
changes must be made either through the Department's website or
by directly contacting the Department.
"Architect, Retired" means a person who has been duly
licensed as an architect by the Department and who chooses to
place on inactive status or not renew his or her license
pursuant to Section 17.5 of this Act.
"Architectural associate intern" means an unlicensed
person who has completed the education requirements, is
actively participating in the diversified professional
training, and maintains in good standing a training record as
required for licensure by this Act and may use the title
"architectural associate intern", but may not independently
engage in the practice of architecture.
"Board" means the Illinois Architecture Licensing Board
appointed by the Secretary.
"Department" means the Department of Financial and
Professional Regulation.
"Design build" or and "design build entity" means the
project delivery process defined in 68 Ill. Adm. Code 1150.85,
and any amendments or changes thereto.
"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.
"Public health" as related to the practice of architecture
means the state of the well-being of the body or mind of the
building user.
"Public safety" as related to the practice of architecture
means the state of being reasonably free from risk of danger,
damage, or injury.
"Public welfare" as related to the practice of architecture
means the well-being of the building user resulting from the
state of a physical environment that accommodates human
activity.
"Secretary" means the Secretary of Financial and
Professional Regulation.
(Source: P.A. 96-610, eff. 8-24-09.)
(225 ILCS 305/4.1 new)
Sec. 4.1. Address of record; email address of record. All
applicants and licensees shall:
(1) provide a valid address and email address to the
Department, which shall serve as the address of record and
email address of record, respectively, at the time of
application for licensure or renewal of a license; and
(2) inform the Department of any change of address of
record or email address of record within 14 days after such
change either through the Department's website or by
contacting the Department's licensure maintenance unit.
(225 ILCS 305/6) (from Ch. 111, par. 1306)
(Section scheduled to be repealed on January 1, 2020)
Sec. 6. Technical submissions. All technical submissions
intended for use in construction in the State of Illinois shall
be prepared and administered in accordance with standards of
reasonable professional skill and diligence. Care shall be
taken to reflect the requirements of State statutes and, where
applicable, county and municipal building ordinances in such
submissions. In recognition that architects are licensed for
the protection of the public health, safety and welfare,
submissions shall be of such quality and scope, and be so
administered, as to conform to professional standards.
(a) Technical submissions are the designs, drawings, and
specifications that which establish the scope of the
architecture to be constructed, the standard of quality for
materials, workmanship, equipment, and construction systems,
and the studies and other technical reports and calculations
prepared in the course of the practice of architecture.
(b) All technical submissions intended for use in the State
of Illinois shall be prepared and administered in accordance
with standards of reasonable professional skill and diligence.
Care shall be taken to reflect the requirements of State
statutes and, where applicable, county and municipal
ordinances in such submissions. In recognition that architects
are licensed for the protection of the public health, safety,
and welfare, submissions shall be of such quality and scope,
and be so administered, as to conform to professional
standards.
(c) No officer, board, commission, or other public entity
who receives technical submissions shall accept for filing or
approval any technical submissions relating to services
requiring the involvement of an architect that do not bear the
seal and signature of an architect licensed under this Act.
(d) It is unlawful to affix one's seal to technical
submissions if it masks the true identity of the person who
actually exercised responsible control of the preparation of
such work. An architect who seals and signs technical
submissions is not responsible for damage caused by subsequent
changes to or uses of those technical submissions where the
subsequent changes or uses, including changes or uses made by
State or local governmental agencies, are not authorized or
approved in writing by the architect who originally sealed and
signed the technical submissions.
(Source: P.A. 96-610, eff. 8-24-09.)
(225 ILCS 305/8) (from Ch. 111, par. 1308)
(Section scheduled to be repealed on January 1, 2020)
Sec. 8. Powers and duties of the Department.
(a) The (1) Subject to the provisions of this Act, the
Department shall, subject to the provisions of this Act,
exercise the following functions, powers, and duties:
(1) Authorize (a) conduct examinations to ascertain
the qualifications and fitness of applicants for licensure
as architects, and pass upon the qualifications and fitness
of applicants for licensure by endorsement. ;
(2) Adopt (b) prescribe rules for a method of
examination of candidates. ;
(3) Adopt (c) prescribe rules defining what
constitutes an approved architectural program. a school,
college or university, or department of a university, or
other institution, reputable and in good standing, to
determine whether or not a school, college or university,
or department of a university, or other institution is
reputable and in good standing by reference to compliance
with such rules, and to terminate the approval of such
school, college or university or department of a university
or other institution that refuses admittance to applicants
solely on the basis of race, color, creed, sex or national
origin. The Department may adopt, as its own rules relating
to education requirements, those guidelines published from
time to time by the National Architectural Accrediting
Board. ;
(4) Adopt (d) prescribe rules for diversified
professional training. ;
(5) Conduct hearings on proceedings to refuse to issue,
renew, or restore licenses or registrations, revoke
licenses or registrations, suspend licenses or
registrations, or place on probation or reprimand persons
or entities licensed or registered under the provisions of
this Act. (e) conduct oral interviews, disciplinary
conferences and formal evidentiary hearings on proceedings
to impose fines or to suspend, revoke, place on
probationary status, reprimand, and refuse to issue or
restore any license issued under the provisions of this Act
for the reasons set forth in Section 22 of this Act;
(6) Issue (f) issue licenses and registrations to those
who meet the requirements of this Act. ;
(7) Adopt (g) formulate and publish rules necessary or
appropriate to carrying out the provisions of this Act;
(8) Maintain (h) maintain membership in the National
Council of Architectural Registration Boards and
participate in activities of the Council by designation of
individuals for the various classifications of membership
and the appointment of delegates for attendance at regional
and national meetings of the Council. All costs associated
with membership and attendance of such delegates to any
national meetings may be funded from the Design
Professionals Administration and Investigation Fund. ; and
(9) Review (i) review such applicant qualifications to
sit for the examination or for licensure that the Board
designates pursuant to Section 10 of this Act.
(10) Conduct investigations related to possible
violations of this Act.
(11) Post on the Department's website a newsletter
describing the most recent changes in this Act and the
rules adopted under this Act and containing information of
any final disciplinary action that has been ordered under
this Act since the date of the last newsletter.
(b) (2) Upon the issuance of any final decision or order
that deviates from any report or recommendation of the Board
relating to the qualification of applicants, discipline of
licensees or registrants, or adoption promulgation of rules,
the Secretary shall notify the Board on any such deviation and
shall specify with particularity the reasons for the action in
with an explanation of the deviation and provide a reasonable
time for the Board to submit comments to the Secretary
regarding the final decision or order. The Department may at
any time seek the expert advice and knowledge of the Board on
any matter relating to the enforcement of this Act.
(c) (3) The Department may in its discretion, but shall not
be required to, employ or utilize the legal services of outside
counsel and the investigative services of outside personnel to
assist the Department. However, no attorney employed or used by
the Department shall prosecute a matter or provide legal
services to the Department or Board with respect to the same
matter.
(Source: P.A. 98-976, eff. 8-15-14.)
(225 ILCS 305/9) (from Ch. 111, par. 1309)
(Section scheduled to be repealed on January 1, 2020)
Sec. 9. Creation of the Board. The Secretary Director shall
appoint an Architecture Licensing Board consisting which will
consist of 7 6 members who shall serve in an advisory capacity
to the Secretary. All members of the Board shall be residents
of Illinois. Six Five members shall (i) hold a valid
architecture license in Illinois and have held the license
under this Act for the preceding 10 years, and (ii) not have
been disciplined within the preceding 10 years under this Act.
One architect be architects, one of whom shall be a tenured
member of the architectural faculty of an Illinois public
university accredited by the National Architectural
Accrediting Board. The other 4 shall be architects, residing in
this State, who have been engaged in the practice of
architecture at least 10 years. In addition to the 6 5
architects, there shall be one public member. The public member
shall be a voting member and shall not be licensed under this
Act or any other design profession licensing Act that the
Department administers not hold a license as an architect,
professional engineer, structural engineer or land surveyor.
Board members shall serve 5-year 5 year terms and until
their successors are appointed and qualified. In appointing
members making the designation of persons to the Board, the
Secretary Director shall give due consideration to
recommendations by members and organizations of the
architecture profession.
The membership of the Board should reasonably reflect
representation from the geographic areas in this State.
No member shall be reappointed to the Board for a term
which would cause his or her continuous service on the Board to
be longer than 2 consecutive 5-year terms 10 successive years.
Appointments to fill vacancies shall be made in the same
manner as original appointments, for the unexpired portion of
the vacated term.
Four members of the Board shall constitute a quorum. A
quorum is required for Board decisions.
The Secretary Director may remove any member of the Board
for misconduct, incompetence, or neglect of duty, or for
reasons prescribed by law for removal of State officials.
The Secretary Director may remove a member of the Board who
does not attend 2 consecutive meetings.
Notice of proposed rulemaking shall be transmitted to the
Board and the Department shall review the response of the Board
and any recommendations made therein. The Department may, at
any time, seek the expert advice and knowledge of the Board on
any matter relating to the administration or enforcement of
this Act.
Members of the Board are not liable for damages in any
action or proceeding as a result of activities performed as
members of the Board, except upon proof of actual malice. are
immune from suit in any action based upon any disciplinary
proceedings or other activities performed in good faith as
members of the Board.
Members of the Board shall be reimbursed for all
legitimate, necessary, and authorized expenses.
(Source: P.A. 98-976, eff. 8-15-14.)
(225 ILCS 305/10) (from Ch. 111, par. 1310)
(Section scheduled to be repealed on January 1, 2020)
Sec. 10. Powers and duties of the Board. Subject to the
provisions of this Act, the Board shall exercise the following
functions, powers, and duties:
(a) The Board shall hold at least 3 regular meetings
each year, conducted in accordance with the Open Meetings
Act.
(b) The Board shall annually elect a Chairperson and a
Vice Chairperson who shall be Illinois licensed
architects.
(c) The Board, upon request by the Department, may make
a curriculum evaluation or use a nationally certified
evaluation service to determine if courses conform to the
requirements of approved architectural programs.
(d) The Board shall assist the Department in conducting
oral interviews, disciplinary conferences and formal
evidentiary hearings.
(d) (e) The Department may, at any time, seek the
expert advice and knowledge of the Board on any matter
relating to the enforcement of this Act.
(e) (f) The Board may appoint a subcommittee to serve
as a Complaint Committee to recommend the disposition of
case files according to procedures established by rule in
68 Ill. Adm. Code 1150.95, and any amendments or changes
thereto.
(f) The Board shall assist the Department in conducting
oral interviews, disciplinary conferences, informal
conferences, and formal evidentiary hearings.
(g) The Board shall review applicant qualifications to
sit for the examination or for licensure and shall make
recommendations to the Department except for those
applicant qualifications that the Board designates as
routinely acceptable. The Department shall review the
Board's recommendations on applicant qualifications. The
Secretary shall notify the Board with an explanation of any
deviation from the Board's recommendation on applicant
qualifications. After review of the Secretary's
explanation of his or her reasons for deviation, the Board
shall have the opportunity to comment upon the Secretary's
decision.
(h) The Board may submit comments to the Secretary
within a reasonable time from notification of any final
decision or order from the Secretary that deviates from any
report or recommendation of the Board relating to the
qualifications of applicants, unlicensed practice,
discipline of licensees or registrants, or promulgation of
rules.
(h) (i) The Board may recommend that the Department
contract with an individual or a corporation or other
business entity to assist in the providing of
investigative, legal, prosecutorial, and other services
necessary to perform its duties pursuant to subsection (c)
(3) of Section 8 of this Act.
(Source: P.A. 98-976, eff. 8-15-14.)
(225 ILCS 305/11) (from Ch. 111, par. 1311)
(Section scheduled to be repealed on January 1, 2020)
Sec. 11. Application for licensure original license.
(a) Applications for original licenses licensure shall be
made to the Department in writing on forms or electronically as
prescribed by the Department and shall be accompanied by the
required fee, which is not refundable. All applications shall
contain information that, in the judgment of the Department,
will enable the Department to pass on the qualifications of the
applicant for a license as an architect. Any such application
shall require information as in the judgment of the Department
will enable the Department to pass on the qualifications of the
applicant to practice architecture. The Department may require
an applicant, at the applicant's expense, to have an evaluation
of the applicant's education in a foreign country by an
evaluation service approved by the Department Board in
accordance with rules prescribed by the Department.
(b) 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
shall be forfeited, and the applicant must reapply and meet the
requirements in effect at the time of reapplication.
An applicant who has graduated from an architectural
program outside the United States or its territories and whose
first language is not English shall submit certification of
passage of the Test of English as a Foreign Language (TOEFL)
and a test of spoken English as defined by rule. However, any
such applicant who subsequently earns an advanced degree from
an accredited educational institution in the United States or
its territories shall not be subject to this requirement.
(Source: P.A. 98-993, eff. 1-1-15.)
(225 ILCS 305/12) (from Ch. 111, par. 1312)
(Section scheduled to be repealed on January 1, 2020)
Sec. 12. Examinations; subjects; failure or refusal to take
examination.
(a) The Department shall authorize examinations of
applicants for a license under this Act at such times and
places as it may determine. The examination shall be of a
character to give a fair test of the qualifications of the
applicant to practice as an architect.
(b) An applicant for examination is 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.
(c) If an applicant fails to pass an examination for
licensure under this Act within 3 years after filing the
application, the application shall be denied. However, such
applicant may thereafter make a new application for examination
accompanied by the required fee and must furnish proof of
meeting the qualifications for examination in effect at the
time of the new application.
The Department shall authorize examination of applicants as
architects at such times and places as it may determine. The
examination shall be in English and shall be written or written
and graphic. It shall include at a minimum the following
subjects:
(a) pre-design (environmental analysis, architectural
programming, and application of principles of project
management and coordination);
(b) site planning (site analysis, design and
development, parking, and application of zoning
requirements);
(c) building planning (conceptual planning of
functional and space relationships, building design,
interior space layout, barrier-free design, and the
application of the life safety code requirements and
principles of energy efficient design);
(d) building technology (application of structural
systems, building components, and mechanical and
electrical systems);
(e) general structures (identification, resolution,
and incorporation of structural systems and the long span
design on the technical aspects of the design of buildings
and the process and construction);
(f) lateral forces (identification and resolution of
the effects of lateral forces on the technical aspects of
the design of buildings and the process of construction);
(g) mechanical and electrical systems (as applied to
the design of buildings, including plumbing and acoustical
systems);
(h) materials and methods (as related to the design of
buildings and the technical aspects of construction); and
(i) construction documents and services (conduct of
architectural practice as it relates to construction
documents, bidding, and construction administration and
contractual documents from beginning to end of a building
project).
It shall be the responsibility of the applicant to be
familiar with this Act and its rules.
Examination subject matter headings and bases on which
examinations are graded shall be indicated in rules pertaining
to this Act. The Department may adopt the examinations and
grading procedures of the National Council of Architectural
Registration Boards. Content of any particular examination
shall not be considered public record under the Freedom of
Information Act.
If an applicant neglects without an approved excuse or
refuses to take the next available examination offered for
licensure under this Act, the fee paid by the applicant shall
be forfeited. If an applicant fails to pass an examination for
licensure under this Act within 3 years after filing an
application, the application shall be denied. The applicant
may, however, make a new application for examination
accompanied by the required fee and must furnish proof of
meeting the qualifications for examination in effect at the
time of the new application.
(d) An applicant shall have 5 years from the passage of the
first examination to successfully complete all examinations
required by rule of the Department.
The Department may by rule prescribe additional subjects
for examination.
(e) An applicant has one year from the date of notification
of successful completion of all the examination and experience
requirements to apply to the Department for a license. If an
applicant fails to apply within one year, the applicant shall
be required to again take and pass the examination, unless the
Department, upon recommendation of the Board, determines that
there is sufficient cause for the delay that is not due to the
fault of the applicant.
(Source: P.A. 98-976, eff. 8-15-14.)
(225 ILCS 305/13) (from Ch. 111, par. 1313)
(Section scheduled to be repealed on January 1, 2020)
Sec. 13. Qualifications of applicants. Any person who is of
good moral character may apply for licensure if he or she is a
graduate with a first professional degree in architecture from
a program accredited by the National Architectural Accrediting
Board, has completed the examination requirements set forth
under Section 12 of this Act, and has completed such
diversified professional training, including academic
training, as is required by rules of the Department. Until
January 1, 2016, in lieu of the requirement of graduation with
a first professional degree in architecture from a program
accredited by the National Architectural Accrediting Board,
the Department may admit an applicant who is a graduate with a
pre-professional 4 year baccalaureate degree accepted for
direct entry into a first professional master of architecture
degree program, and who has completed such additional
diversified professional training, including academic
training, as is required by rules of the Department. The
Department may adopt, as its own rules relating to diversified
professional training, those guidelines published from time to
time by the National Council of Architectural Registration
Boards.
Good moral character means such character as will enable a
person to discharge the fiduciary duties of an architect to
that person's client and to the public in a manner that which
protects health, safety, and welfare. Evidence of inability to
discharge such duties may include the commission of an offense
justifying discipline under Section 22. In addition, the
Department may take into consideration whether the applicant
has engaged in conduct or actions that would constitute grounds
for discipline under this Act.
(Source: P.A. 98-288, eff. 8-9-13.)
(225 ILCS 305/14) (from Ch. 111, par. 1314)
(Section scheduled to be repealed on January 1, 2020)
Sec. 14. Seal Display of license; seal. Every holder of a
license as an architect shall display it in a conspicuous place
in the principal office of the architect. Every architect shall
have a reproducible seal, or facsimile, the impression print of
which shall contain the name of the architect, the license
number, and the words "Licensed Architect, State of Illinois".
The architect shall affix the signature, current date, date of
license expiration, and seal to the first sheet of any bound
set or loose sheets of technical submissions used utilized as
contract documents between the parties to the contract or
prepared for the review and approval of any governmental or
public authority having jurisdiction by that architect or under
that architect's responsible control. The sheet of technical
submissions in which the seal is affixed shall indicate those
documents or parts thereof for which the seal shall apply. The
seal and dates may be electronically affixed. The licensee may
provide, at his or her sole discretion, an original signature
in the licensee's handwriting, a scanned copy of the document
bearing an original signature, or a signature generated by a
computer. All technical submissions issued by any corporation,
partnership, professional service corporation, or professional
design firm as registered under this Act shall contain the
corporate or assumed business name and design firm registration
number, in addition to any other seal requirements as set forth
in this Section.
"Responsible control" means that amount of control over and
detailed professional knowledge of the content of technical
submissions during their preparation as is ordinarily
exercised by architects applying the required professional
standard of care. Merely reviewing or reviewing and correcting
the technical submissions or any portion thereof prepared by
those not in the regular employment of the office where the
architect is resident without control over the content of such
work throughout its preparation does not constitute
responsible control.
An architect licensed under this Act the laws of this
jurisdiction shall not sign and seal technical submissions that
were not prepared by or under the responsible control of the
architect except that:
(1) the architect may sign and seal those portions of
the technical submissions that were prepared by or under
the responsible control of persons who hold a license under
this Act, and who shall have signed and sealed the
documents, if the architect has reviewed in whole or in
part such portions and has either coordinated their
preparation or integrated them into his or her work;
(2) the architect may sign and seal portions of the
professional work that are not required by this Act to be
prepared by or under the responsible control of an
architect if the architect has reviewed and adopted in
whole or in part such portions and has integrated them into
his or her work; and
(3) a partner or corporate officer of a professional
design firm registered in Illinois who is licensed under
the architecture licensing laws of this State, and who has
professional knowledge of the content of the technical
submissions and intends to be responsible for the adequacy
of the technical submissions, may sign and seal technical
submissions that are prepared by or under the responsible
control of architects who are licensed in this State and
who are in the regular employment of the professional
design firm.
The architect exercising responsible control under which
the technical submissions documents or portions of the
technical submissions documents were prepared shall be
identified on the technical submissions documents or portions
of the technical submissions documents by name and Illinois
license number.
Any architect who signs and seals technical submissions not
prepared by that architect but prepared under the architect's
responsible control by persons not regularly employed in the
office where the architect is resident shall maintain and make
available to the board upon request for at least 5 years
following such signing and sealing, adequate and complete
records demonstrating the nature and extent of the architect's
control over and detailed professional knowledge of such
technical submissions throughout their preparation.
(Source: P.A. 98-289, eff. 1-1-14; 98-976, eff. 8-15-14.)
(225 ILCS 305/16) (from Ch. 111, par. 1316)
(Section scheduled to be repealed on January 1, 2020)
Sec. 16. Renewal, reinstatement, or restoration of
license; persons Licenses; renewal; restoration; architects in
military service.
(a) The expiration date and renewal period for each license
issued under this Act shall be set by rule. The holder of a
license may renew such license during the month preceding the
expiration date thereof by paying the required fee.
(b) An architect who has permitted his or her license to
expire or who has had his or her license placed on inactive
status may have his or her license restored by making
application to the Department and filing proof acceptable to
the Department of his or her fitness to have his or her license
restored, including, but not limited to, sworn evidence
certifying to active practice in another jurisdiction
satisfactory to the Department, and by paying the required
restoration fee as determined by rule.
If the person has not maintained an active practice in
another jurisdiction satisfactory to the Department, the Board
shall determine, by an evaluation program established by rule,
that person's fitness to resume active status and may require
that person to successfully complete an examination.
Any person whose license has been expired for more than 3
years may have his license restored by making application to
the Department and filing proof acceptable to the Department of
his fitness to have his license restored, including sworn
evidence certifying to active practice in another
jurisdiction, and by paying the required restoration fee.
(c) An architect However, any person whose license has
expired while he has been engaged (1) in federal service on
active duty with the Armed Forces Army of the United States,
the United States Navy, the Marine Corps, the Air Force, the
Coast Guard, or the State Militia called into the service or
training of the United States of America, or (2) in training or
education under the supervision of the United States
preliminary to induction into the military service, may have a
his license restored or reinstated without paying any lapsed
reinstatement, renewal, fees or restoration fees fee if within
2 years after termination other than by dishonorable discharge
of such service, training, or education and the Department is
furnished with satisfactory evidence that the licensee has been
so engaged in the practice of architecture and that such
service, training, or education has been so terminated other
than by dishonorable discharge he furnishes the Department with
an affidavit to the effect that he has been so engaged and that
his service, training or education has been so terminated.
(Source: P.A. 98-976, eff. 8-15-14.)
(225 ILCS 305/17) (from Ch. 111, par. 1317)
(Section scheduled to be repealed on January 1, 2020)
Sec. 17. Inactive status; restoration. A person licensed
under this Act Any architect, who notifies the Department in
writing on forms prescribed by the Department, may elect to
place his or her license on an inactive status and shall,
subject to rules of the Department, be excused from payment of
renewal fees until he or she notifies the Department in writing
of his or her desire to resume active status.
Any architect requesting restoration from inactive status
shall be required to pay the current renewal fee and shall have
his or her license restored as provided in Section 16 of this
Act.
Any architect whose license is in an inactive status shall
not practice architecture in the State of Illinois.
(Source: P.A. 98-976, eff. 8-15-14.)
(225 ILCS 305/17.5)
(Section scheduled to be repealed on January 1, 2020)
Sec. 17.5. Architect, Retired.
(a) Pursuant to Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois, the Department may grant the title "Architect,
Retired" may be used by to any person who has been duly
licensed as an architect under this Act by the Department and
who has chosen to place on inactive status or not renew his or
her license. Those persons using granted the title "Architect,
Retired" may request restoration to active status under the
applicable provisions of this Act.
(b) The use of the title "Architect, Retired" shall not
constitute representation of current licensure. Any person
without an active license shall not be permitted to practice
architecture as defined in this Act.
(c) Nothing in this Section shall be construed to require
the Department to issue any certificate, credential, or other
official document indicating that a person may use has been
granted the title "Architect, Retired".
(Source: P.A. 96-610, eff. 8-24-09.)
(225 ILCS 305/18) (from Ch. 111, par. 1318)
(Section scheduled to be repealed on January 1, 2020)
Sec. 18. Endorsement.
(a) The Department may, upon application in writing on
forms or electronically accompanied by the required fee, issue
a license as an architect to an applicant licensed under the
laws of another state, the District of Columbia, or a territory
of the United States if the requirements for licensure in that
jurisdiction were, on the date of original licensure,
substantially equivalent to the requirements then in force in
this State.
(b) If the accuracy of any submitted documentation or
relevance or sufficiency of the coursework or experience is
questioned by the Department or the Board because of a lack of
information, discrepancies or conflicts in information given,
or a need for clarification, the applicant seeking licensure
may be required to provide additional information.
The Department may, in its discretion, license as an architect,
without examination on payment of the required fee, an
applicant who is an architect licensed under the laws of
another state or territory, if the requirements for licensure
in the state or territory in which the applicant was licensed
were, at the date of his licensure, substantially equivalent to
the requirements in force in this State on that date.
(c) Applicants have 3 years from the date of application to
complete the application process. If the process has not been
completed within the 3 years, the application shall be denied,
the fee shall be forfeited, and the applicant must reapply and
meet the requirements in effect at the time of reapplication.
(Source: P.A. 86-702.)
(225 ILCS 305/19) (from Ch. 111, par. 1319)
(Section scheduled to be repealed on January 1, 2020)
Sec. 19. Fees.
(a) The Department shall provide by rule for a schedule of
fees to be paid for licenses or registrations by all
applicants. All fees are not refundable.
(b) The fees for the administration and enforcement of this
Act, including, but not limited to, original licensure, firm
registration, renewal, and restoration, shall be set by rule by
the Department.
(c) All of the fees and fines collected as authorized under
this Act pursuant to this Section shall be deposited in the
Design Professionals Administration and Investigation Fund. Of
the moneys deposited into the Design Professionals
Administration and Investigation Fund, the Department may use
such funds as necessary and available to produce and distribute
newsletters to persons licensed under this Act.
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 days from the date of the
notification, the person has failed to submit the necessary
remittance, the Department shall automatically terminate the
license or certificate or deny the application, without
hearing. If, after termination or denial, the person seeks a
license or certificate, 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 Director may waive the fines
due under this Section in individual cases where the Director
finds that the fines would be unreasonable or unnecessarily
burdensome.
(Source: P.A. 91-133, eff. 1-1-00; 92-146, eff. 1-1-02.)
(225 ILCS 305/20) (from Ch. 111, par. 1320)
(Section scheduled to be repealed on January 1, 2020)
Sec. 20. Roster of licensees and registrants. The
Department shall maintain a roster showing the address of
record of individuals and entities who hold licenses or
registrations under this Act. A roster showing the names and
addresses of all architects, architectural corporations and
partnerships and professional design firms licensed or
registered under this Act shall be prepared by the Department
each year. This roster shall be organized by discipline and
available by discipline upon written request and payment of the
required fee.
(Source: P.A. 94-543, eff. 8-10-05.)
(225 ILCS 305/21) (from Ch. 111, par. 1321)
(Section scheduled to be repealed on January 1, 2020)
Sec. 21. Professional design firm registration;
conditions.
(a) Nothing in this Act shall prohibit the formation, under
the provisions of the Professional Service Corporation Act, of
a corporation to offer the practice of architecture.
Any business, including, but not limited to, a Professional
Service Corporation, that includes the practice of
architecture within its stated purposes, practices
architecture, or holds itself out as available to practice
architecture shall register with the Department under this
Section. Any professional service corporation, sole
proprietorship, or professional design firm offering
architectural services must have a resident architect in
responsible charge of the architectural practices in each
location in which architectural services are provided who shall
be designated as a managing agent.
Any sole proprietorship not owned and operated by an
Illinois licensed design professional licensed under this Act
is prohibited from offering architectural services to the
public. "Illinois licensed design professional" means a person
who holds an active license as an architect under this Act, as
a structural engineer under the Structural Engineering
Practice Act of 1989, as a professional engineer under the
Professional Engineering Practice Act of 1989, or as a
professional land surveyor under the Professional Land
Surveyor Act of 1989. Any sole proprietorship owned and
operated by an architect with an active license issued under
this Act and conducting or transacting such business under an
assumed name in accordance with the provisions of the Assumed
Business Name Act shall comply with the registration
requirements of a professional design firm. Any sole
proprietorship owned and operated by an architect with an
active license issued under this Act and conducting or
transacting such business under the real name of the sole
proprietor is exempt from the registration requirements of a
professional design firm.
(b) Any business corporation, including, but not limited
to, a Professional Service Corporation, partnership, limited
liability company, or professional design firm seeking to be
registered under this Section shall not be registered as a
professional design firm unless:
(1) two-thirds of the board of directors, in the case
of a corporation, or two-thirds of the general partners, in
the case of a partnership, or two-thirds of the members, in
the case of a limited liability company, are licensed under
the laws of any State to practice architecture,
professional engineering, land surveying, or structural
engineering; and
(2) a managing agent is (A) a sole proprietor or a
director in the case of a corporation, a general partner in
the case of a partnership, or a member in the case of a
limited liability company, and (B) holds a license under
this Act.
Any corporation, limited liability company, professional
service corporation, or partnership qualifying under this
Section and practicing in this State shall file with the
Department any information concerning its officers, directors,
members, managers, partners or beneficial owners as the
Department may, by rule, require.
(c) No business shall offer the practice or hold itself out
as available to offer the practice of architecture until it is
registered with the Department as a professional design firm.
Every entity registered as a professional design firm shall
display its certificate of registration or a facsimile thereof
in a conspicuous place in each office offering architectural
services.
(d) Any business seeking to be registered under this
Section shall make application on a form provided by the
Department and shall provide any information requested by the
Department, which shall include but shall not be limited to all
of the following:
(1) The name and architect's license number of at least
one person designated as a managing agent. In the case of a
corporation, the corporation shall also submit a certified
copy of the resolution by the board of directors
designating at least one managing agent. If a limited
liability company, the company shall submit a certified
copy of either its articles of organization or operating
agreement designating at least one managing agent.
(2) The names and architect's, professional
engineer's, structural engineer's, or land surveyor's
license numbers of the directors, in the case of a
corporation, the members, in the case of a limited
liability company, or general partners, in the case of a
partnership.
(3) A list of all locations at which the professional
design firm provides architectural services.
(4) A list of all assumed names of the business.
Nothing in this Section shall be construed to exempt a
business from compliance with the requirements of the
Assumed Business Name Act.
It is the responsibility of the professional design firm to
provide the Department notice, in writing, of any changes in
the information requested on the application.
(e) If In the event a managing agent is terminated or
terminates his or her status as managing agent of the
professional design firm, the managing agent and the
professional design firm shall notify the Department of this
fact in writing, by regular certified mail or email, within 10
business days of termination.
Thereafter, the professional design firm, if it has so
informed the Department, has 30 days in which to notify the
Department of the name and architect's license number of the
architect who is the newly designated managing agent. If a
corporation, the corporation shall also submit a certified copy
of a resolution by the board of directors designating the new
managing agent. If a limited liability company, the company
shall also submit a certified copy of either its articles of
organization or operating agreement designating the new
managing agent. The Department may, upon good cause shown,
extend the original 30-day 30 day period.
If the professional design firm has not notified the
Department in writing, by regular certified mail or email,
within the specified time, the registration shall be terminated
without prior hearing. Notification of termination shall be
sent by regular certified mail to the address of record. If the
professional design firm continues to operate and offer
architectural services after the termination, the Department
may seek prosecution under Sections 22, 36, and 23.5 36a of
this Act for the unlicensed practice of architecture.
(f) No professional design firm shall be relieved of
responsibility for the conduct or acts of its agents,
employees, or officers by reason of its compliance with this
Section, nor shall any individual practicing architecture be
relieved of the responsibility for professional services
performed by reason of the individual's employment or
relationship with a professional design firm registered under
this Section.
(g) Disciplinary action against a professional design firm
registered under this Section shall be administered in the same
manner and on the same grounds as disciplinary action against a
licensed architect. All disciplinary action taken or pending
against a corporation or partnership before the effective date
of this amendatory Act of 1993 shall be continued or remain in
effect without the Department filing separate actions.
(Source: P.A. 98-976, eff. 8-15-14.)
(225 ILCS 305/22) (from Ch. 111, par. 1322)
(Section scheduled to be repealed on January 1, 2020)
Sec. 22. Grounds for disciplinary action Refusal,
suspension and revocation of licenses; causes.
(a) The Department may, singularly or in combination,
refuse to issue or , renew a license or restore, or may suspend,
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action the Department may
deem proper as deemed appropriate, including fines not to
exceed $10,000 for each violation, but not limited to, the
imposition of fines not to exceed $10,000 for each violation,
as the Department may deem proper, with regard to any a license
issued under this Act, for any one or a combination of the
following reasons causes:
(1) Material material misstatement in furnishing
information to the Department. ;
(2) Negligence negligence, incompetence, or misconduct
in the practice of architecture. ;
(3) Failure failure to comply with any of the
provisions of this Act or any of the rules. ;
(4) Fraud or making any misrepresentation in applying
for or procuring a license or registration under this Act
or in connection with applying for renewal or restoration
of a license or registration under this Act. for the
purpose of obtaining licensure;
(5) Purposefully purposefully making false statements
or signing false statements, certificates or affidavits to
induce payment. ;
(6) Conviction conviction of or entry of a plea of
guilty or nolo contendere, finding of guilt, jury verdict,
or entry of judgment or sentencing, including, but not
limited to, convictions, preceding sentences of
supervision, conditional discharge, or first offender
probation to any crime that is a felony under the laws of
any jurisdiction of the United States or any state or
territory thereof or that is (i) a misdemeanor, an
essential element of which is dishonesty, or any crime that
is directly related to the practice of the profession of
architecture or (ii) a felony. ;
(7) Aiding aiding or assisting another person in
violating any provision of this Act or the its rules
adopted under this Act. ;
(8) Failing to provide information in response to a
written request made by the Department within 60 days after
receipt of the written request. signing, affixing the
architect's seal or permitting the architect's seal to be
affixed to any technical submission not prepared by the
architect or under that architect's responsible control;
(9) Engaging engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public. ;
(10) Habitual habitual or excessive use or abuse of
drugs defined in law as controlled substances, addiction to
alcohol, narcotics, stimulants, or any other substances
chemical agent or drug that results in the inability to
practice with reasonable judgment, skill, or safety. ;
(11) Making making a statement of compliance pursuant
to the Environmental Barriers Act that technical
submissions prepared by the architect or prepared under the
architect's responsible control for construction or
alteration of an occupancy required to be in compliance
with the Environmental Barriers Act are in compliance with
the Environmental Barriers Act when such technical
submissions are not in compliance. ;
(12) A finding by the Department that an applicant or
licensee has failed to pay a fine imposed by the
Department. a finding by the Board that an applicant or
registrant has failed to pay a fine imposed by the
Department or a registrant, whose license has been placed
on probationary status, has violated the terms of
probation;
(13) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated or failed to comply with the terms of
probation. discipline by another state, territory, foreign
country, the District of Columbia, the United States
government, or any other governmental agency, if at least
one of the grounds for discipline is the same or
substantially equivalent to those set forth herein;
(14) Inability to practice the profession with
reasonable judgment, skill, or safety as a result of
physical illness, including, but not limited to,
deterioration through the aging process, loss of motor
skill, mental illness, or disability. failure to provide
information in response to a written request made by the
Department within 30 days after the receipt of such written
request;
(15) Discipline by another state, territory, foreign
country, the District of Columbia, the United States
government, or any other governmental agency if at least
one of the grounds for discipline is the same or
substantially equivalent to those set forth in this Act.
physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill, mental illness, or disability which results in the
inability to practice the profession with reasonable
judgment, skill, and safety, including without limitation
deterioration through the aging process, mental illness,
or disability.
(16) The making of any willfully false oath or
affirmation in any matter or proceeding where an oath or
affirmation is required by this Act.
(17) Using or attempting to use an expired, inactive,
suspended, or revoked license or the certificate or seal of
another or impersonating another licensee.
(19) Signing, affixing, or allowing the architect's
seal to be affixed to any technical submission not prepared
by the architect or under the architect's responsible
control.
(a-5) In enforcing this Section, the Department or Board,
upon a showing of a possible violation, may order a licensee or
applicant to submit to a mental or physical examination, or
both, at the expense of the Department. The Department or Board
may order the examining physician to present testimony
concerning his or her examination of the licensee or applicant.
No information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The licensee or applicant may have, at his
or her own expense, another physician of his or her choice
present during all aspects of the examination. Failure of a
licensee or applicant to submit to any such examination when
directed, without reasonable cause as defined by rule, shall be
grounds for either the immediate suspension of his or her
license or immediate denial of his or her application.
If the Secretary immediately suspends the license of a
licensee for his or her failure to submit to a mental or
physical examination when directed, a hearing must be convened
by the Department within 15 days after the suspension and
completed without appreciable delay.
If the Secretary otherwise suspends a license pursuant to
the results of the licensee's mental or physical examination, a
hearing must be convened by the Department within 15 days after
the suspension and completed without appreciable delay. The
Department and Board shall have the authority to review the
licensee's record of treatment and counseling regarding the
relevant impairment or impairments to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
Any licensee suspended under this subsection (a-5) shall be
afforded an opportunity to demonstrate to the Department or
Board that he or she can resume practice in compliance with the
acceptable and prevailing standards under the provisions of his
or her license.
(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. Such suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission,
the issuance of an order so finding and discharging the
patient, and the recommendation of the Board to the Secretary
that the licensee be allowed to resume practice.
(c) (Blank).
(d) If In cases where the Department of Healthcare and
Family Services (formerly the Department of Public Aid) has
previously determined that 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 shall refuse to issue or renew or
shall revoke or suspend that person's license or shall 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 subdivision
(a)(5) of Section 2105-15 of the Department of Professional
Regulation Law of the Civil Administrative Code of Illinois.
(e) The Department shall refuse to issue or renew or shall
revoke or suspend a person's license or entity's registration
or shall take other disciplinary action against that person or
entity for his or her failure 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 Department of Revenue, until
the requirements of the tax Act are satisfied in accordance
with subsection (g) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois. The Department shall deny a license or renewal
authorized by this Act to a person who has failed 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
Department of Revenue, until such time as the requirements of
the tax Act are satisfied in accordance with subsection (g) of
Section 2105-15 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois.
(f) Persons who assist the Department as consultants or
expert witnesses in the investigation or prosecution of alleged
violations of the Act, licensure matters, restoration
proceedings, or criminal prosecutions, shall not be liable for
damages in any civil action or proceeding as a result of such
assistance, except upon proof of actual malice. The attorney
general shall defend such persons in any such action or
proceeding.
(Source: P.A. 100-872, eff. 8-14-18.)
(225 ILCS 305/23) (from Ch. 111, par. 1323)
(Section scheduled to be repealed on January 1, 2020)
Sec. 23. Injunction Violations; injunction; cease and
desist order.
(a) If any person or entity violates a provision of this
Act, the Secretary Director may, in the name of the People of
the State of Illinois, through the Attorney General of the
State of Illinois, 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 or entity has
violated or is violating the injunction, the court Court may
punish the offender for contempt of court. Proceedings under
this Section are in addition to, and not in lieu of, all other
remedies and penalties provided by this Act.
(b) If any person or entity practices as an architect or
holds himself, herself, or itself out as an architect or
professional design firm without being licensed or registered
under the provisions of this Act, then any architect, any
interested party or any person injured thereby may, in addition
to the Secretary Director, petition for relief as provided in
subsection (a) of this Section.
(c) If, Whenever in the opinion of the Department, any
person or entity 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 the person or entity
him. 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 immediately.
(Source: P.A. 98-976, eff. 8-15-14.)
(225 ILCS 305/23.5)
(Section scheduled to be repealed on January 1, 2020)
Sec. 23.5. Unlicensed practice; violation; civil penalty.
(a) Use of the title "architect" or any of its derivations
is limited to those persons or entities licensed or registered
under this Act. Any person who practices, offers to practice,
attempts to practice, or holds himself or herself oneself out
to practice as an architect without being licensed under this
Act shall, in addition to any other penalty provided by law,
pay a civil penalty to the Department in an amount not to
exceed $10,000 for each offense as determined by the
Department. The civil penalty shall be assessed by the
Department after a hearing is held in accordance with the
provisions set forth in this Act regarding the provision of a
hearing for the discipline of a licensee.
(b) An entity or business that offers design services under
this Act without being registered as a professional design firm
or exempt under this Act shall, in addition to any other
penalty provided by law, pay a civil penalty to the Department
in an amount not to exceed $10,000 for each offense, as
determined by the Department. The civil penalty shall be
assessed by the Department after a hearing is held in
accordance with the provisions set forth in this Act regarding
the provision of a hearing for the discipline of a licensee.
(a-5) Any entity that advertises architecture services in a
telecommunications directory must include its architecture
firm registration number or, in the case of a sole proprietor,
his or her individual license number. Nothing in this
subsection (a-5) requires the publisher of a
telecommunications directory to investigate or verify the
accuracy of the registration or license number provided by the
advertiser of architecture services.
(c) (b) The Department may has the authority and power to
investigate any actual, alleged, or suspected and all
unlicensed activity.
(d) (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.
(e) A person or entity not licensed or registered under
this Act who has violated any provision of this Act or its
rules is guilty of a Class A misdemeanor for the first offense
and a Class 4 felony for a second and subsequent offenses.
(Source: P.A. 96-610, eff. 8-24-09.)
(225 ILCS 305/24) (from Ch. 111, par. 1324)
(Section scheduled to be repealed on January 1, 2020)
Sec. 24. Investigations; notice and hearing.
(a) The Department may investigate the actions of any
applicant or of any person or entity holding or claiming to
hold a license under this Act or registration.
(b) Before the initiation of a formal complaint an
investigation, the matter shall be reviewed by a subcommittee
of the Board according to procedures established by rule for
the Complaint Committee. If a subcommittee has not been formed,
the matter shall proceed through the process as stated in
subsection (c) of this Section.
(c) The Department shall, before disciplining an
applicant, licensee, or registrant refusing to restore, issue
or renew a license or registration, or discipline a licensee or
registrant, at least 30 days prior to the date set for the
hearing, (i) notify in writing the accused applicant for, or
holder of, a license or registrant of the nature of the charges
made and the time and place for the hearing on the charges,
(ii) and that a hearing will be held on the date designated,
and direct the applicant, registrant, or entity or licensee or
registrant to file a written answer to the charges Board under
oath within 20 days after the service of the notice, and (iii)
inform the applicant, or entity or licensee, or registrant that
failure to file a written an answer to the charges will result
in a default being entered against the applicant, licensee, or
registrant. taken against the applicant or entity or licensee
or registrant and that the license or certificate may be
suspended, revoked, placed on probationary status, or other
disciplinary action may be taken, including limiting the scope,
nature or extent of practice, as the Director may deem proper.
Written notice may be served by personal delivery or certified
or registered mail to the respondent at the address of record
with the Department. In case the person or entity fails to file
an answer after receiving notice, his or her license or
certificate may, in the discretion of the Department, be
suspended, revoked, or placed on probationary status, or the
Department may take whatever disciplinary action deemed
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 such action under this Act. 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 such statements, testimony,
evidence and argument as may be pertinent to the charges or to
their defense. The Board may continue the hearing from time to
time.
(d) Written or electronic notice, and any notice in the
subsequent proceeding, may be served by personal delivery, by
email, or by mail to the applicant, licensee, or registrant at
his or her address of record or email address of record.
(e) At the time and place fixed in the notice, the Board or
hearing officer appointed by the Secretary shall proceed to
hear the charges and the parties or their counsel shall be
accorded ample opportunity to present any statement,
testimony, evidence, and argument as may be pertinent to the
charges or to their defense. The Board or hearing officer may
continue the hearing from time to time.
(f) If the applicant, licensee, or registrant, after
receiving the notice, fails to file an answer, his or her
license or registration may, in the discretion of the
Secretary, having first received the recommendation of the
Board, be suspended, revoked, or placed on probationary status
or be subject to whatever disciplinary action the Secretary
considers proper, including limiting the scope, nature, or
extent of the person's practice or imposing a fine, without
hearing, if the act or acts charged constitute sufficient
grounds for the action under this Act.
(Source: P.A. 96-610, eff. 8-24-09.)
(225 ILCS 305/25) (from Ch. 111, par. 1325)
(Section scheduled to be repealed on January 1, 2020)
Sec. 25. Record of proceedings Stenographer; transcript.
(a) The Department, at its expense, shall provide a
certified shorthand reporter to take down the testimony and
preserve a record of all proceedings at the hearing of any case
in which a license may be revoked, suspended, placed on
probationary status, reprimanded, fined, or subjected to other
disciplinary action with reference to the license when a
disciplinary action is authorized under this Act and rules. The
notice of hearing, complaint, and all other documents in the
nature of pleadings and written motions filed in the
proceedings, the transcript of the testimony, the report of the
Board, and the orders of the Department shall be the record of
the proceedings. The record may be made available to any person
interested in the hearing upon payment of the fee required by
Section 2105-115 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois.
(b) The Department may contract for court reporting
services, and, if it does so, the Department shall provide the
name and contact information for the certified shorthand
reporter who transcribed the testimony at a hearing to any
person interested, who may obtain a copy of the transcript of
any proceedings at a hearing upon payment of the fee specified
by the certified shorthand reporter.
The Department, at its expense, shall preserve a record of all
proceedings at the formal hearing of any case involving the
refusal to restore, issue or renew a license, or the discipline
of a licensee. The notice of hearing, complaint and all other
documents in the nature of pleadings and written motions filed
in the proceedings, the transcript of testimony, the report of
the Board and the orders of the Department shall be the record
of the proceedings. A transcript of the record may be made
available to any person interested in the hearing upon payment
of the fee required by Section 2105-115 of the Department of
Professional Regulation Law (20 ILCS 2105/2105-115).
(Source: P.A. 96-610, eff. 8-24-09.)
(225 ILCS 305/26) (from Ch. 111, par. 1326)
(Section scheduled to be repealed on January 1, 2020)
Sec. 26. Subpoenas; depositions; oaths.
(a) The Department has power to subpoena documents, books,
records, or other materials and to bring before it any person
and to take testimony, either orally or by deposition, or take
written interrogatories, or any combination thereof, with the
same fees and mileage and in the same manner as is prescribed
in civil cases in the courts of this State.
(b) The Secretary, 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. 96-610, eff. 8-24-09.)
(225 ILCS 305/27) (from Ch. 111, par. 1327)
(Section scheduled to be repealed on January 1, 2020)
Sec. 27. Compelling testimony Procedure to compel
attendance of witnesses. Any circuit court, upon the
application of the accused person or complainant or of the
Department, may, by order duly entered, require the attendance
of witnesses and the production of relevant books and papers
before the Department in any hearing relative to the
application for or refusal, recall, suspension or revocation of
a license, or the discipline of a licensee, and the court may
compel obedience to its order by proceedings for contempt.
(Source: P.A. 86-702.)
(225 ILCS 305/28) (from Ch. 111, par. 1328)
(Section scheduled to be repealed on January 1, 2020)
Sec. 28. Hearing; motion for rehearing Report of Board;
Rehearing.
(a) The Board or hearing officer appointed by the Secretary
shall hear evidence in support of the formal charges and
evidence produced by the licensee. At the conclusion of the
hearing, the Board or hearing officer shall present to the
Secretary a written report of its findings of fact, conclusions
of law, and recommendations. If the Board fails to present its
report, the applicant, licensee, or registrant may request in
writing a direct appeal to the Secretary, in which case the
Secretary may issue an order based upon the report of the
hearing officer and the record of the proceedings or issue an
order remanding the matter back to the hearing officer for
additional proceedings in accordance with the order.
(b) At the conclusion of the hearing, a copy of the Board
or hearing officer's report shall be served upon the applicant,
licensee, or registrant either personally or as provided in
this Act for the service of the notice of hearing. Within 20
calendar days after such service, the applicant, licensee, or
registrant may present to the Department a motion, in writing,
for a rehearing, which shall specify the particular grounds for
rehearing. The Department may respond to the motion for
rehearing within 20 calendar days after its service on the
Department. If no motion for rehearing is filed, then upon the
expiration of the time specified for filing such a motion or
upon denial of a motion for rehearing, the Secretary may enter
an order in accordance with the recommendations of the Board or
hearing officer. If the applicant, licensee, or registrant
orders from the reporting service and pays for a transcript of
the record within the time for filing a motion for rehearing,
the 20 calendar day period within which a motion may be filed
shall commence upon delivery of the transcript to the
applicant, licensee, or registrant.
(c) If the Secretary disagrees in any regard with the
report of the Board, the Secretary may issue an order contrary
to the report. The Secretary shall notify the Board on any such
deviation and shall specify with particularity the reasons for
such action in the final order.
(d) Whenever the Secretary is not satisfied that
substantial justice has been done, the Secretary may order a
hearing by the same or another hearing officer.
(e) At any point in any investigation or disciplinary
proceeding provided for in this Act, both parties may agree to
a negotiated consent order. The consent order shall be final
upon signature of the Secretary.
After the hearing, the Board shall present to the Director its
written report of its findings and recommendations. A copy of
such report shall be served upon the accused person, either
personally or by registered or certified mail as provided in
this Act for the service of the notice. Within 20 days after
such service, the accused person may present to the Department
his motion in writing for a rehearing which shall specify the
particular grounds for rehearing. If the accused person orders
and pays for a transcript of the record as provided in this
Section, the time elapsing before such transcript is ready for
delivery to him shall not be counted as part of such 20 days.
Whenever the Director is not satisfied that substantial
justice has been done, he may order a rehearing by the same or
another special board. At the expiration of the time specified
for filing a motion for a rehearing the Director has the right
to take the action recommended by the Board.
(Source: P.A. 86-702.)
(225 ILCS 305/29) (from Ch. 111, par. 1329)
(Section scheduled to be repealed on January 1, 2020)
Sec. 29. Hearing officer. Notwithstanding the provisions
of Section 28 of this Act, the Secretary Director has the
authority to appoint an any attorney duly licensed to practice
law in the State of Illinois to serve as the hearing officer in
any action for refusal to issue or renew a license or
registration or discipline an applicant, licensee, or
registrant under Section 24. The Board may have at least one
member present at any hearing conducted by the hearing officer.
The Director shall notify the Board of any such appointment.
The hearing officer shall have has full authority to conduct
the hearing. The Board has the right to have at least one
member present at any hearing conducted by such hearing
officer. The hearing officer shall report his or her findings
of fact, conclusions of law, and recommendations to the Board
and to the Secretary Director. The Board has 60 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. 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 in any regard with the report of the
Board or hearing officer, he or she may issue an order in
contravention thereof. The Secretary shall notify the Board on
any such deviation, and shall specify with particularity the
reasons for such action in the final order.
(Source: P.A. 96-610, eff. 8-24-09.)
(225 ILCS 305/30) (from Ch. 111, par. 1330)
(Section scheduled to be repealed on January 1, 2020)
Sec. 30. Order to be prima facie proof. An order of
revocation or suspension or a certified copy thereof, over the
seal of the Department and purporting to be signed by the
Secretary Director, shall be 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 the members thereof are qualified to
act.
Such proof may be rebutted.
(Source: P.A. 91-357, eff. 7-29-99.)
(225 ILCS 305/31) (from Ch. 111, par. 1331)
(Section scheduled to be repealed on January 1, 2020)
Sec. 31. Restoration from disciplinary status of suspended
or revoked license.
(a) At any time after the successful completion of a term
of probation, suspension, or revocation of a license or
registration under this Act, the Department may restore the
license or registration it to the licensee or registrant, upon
the written recommendation of the Board, unless after an
investigation and a hearing the Department Board determines
that restoration is not in the public interest.
(b) If the circumstances of suspension or revocation so
indicate, the Department may require an examination of the
licensee or registrant prior to restoring his or her license.
(c) A person whose license or registration has been revoked
under this Act may not apply for restoration of that license or
registration until authorized to do so under the Civil
Administrative Code of Illinois.
(d) A license or registration that has been suspended or
revoked shall be considered nonrenewed for purposes of
restoration and a licensee or registrant restoring his or her
license or registration from suspension or revocation must
comply with the requirements for restoration as set forth in
Section 16 and any related rules adopted.
(Source: P.A. 96-610, eff. 8-24-09.)
(225 ILCS 305/32) (from Ch. 111, par. 1332)
(Section scheduled to be repealed on January 1, 2020)
Sec. 32. Surrender of license or registration. Upon the
revocation or suspension of any license or registration, the
licensee or professional design firm shall immediately
surrender the license or licenses or registration to the
Department and if the licensee or registrant fails to do so,
the Department has the right to seize the license or
registration.
(Source: P.A. 86-702.)
(225 ILCS 305/33) (from Ch. 111, par. 1333)
(Section scheduled to be repealed on January 1, 2020)
Sec. 33. Temporary suspension of a license. The Secretary
Director may temporarily suspend the license or registration of
an architect without a hearing, simultaneously with the
institution of proceedings for a hearing provided for in
Section 24 of this Act, if the Secretary Director finds that
evidence in the Department's his possession indicates that an
architect's continuation in practice would constitute an
imminent danger to the public. If In the event that the
Secretary Director temporarily suspends the license or
registration of an architect without a hearing, a hearing by
the Board must be held within 30 days after such suspension has
occurred.
(Source: P.A. 86-702.)
(225 ILCS 305/34) (from Ch. 111, par. 1334)
(Section scheduled to be repealed on January 1, 2020)
Sec. 34. Review under Administrative review Review Law;
Venue.
(a) All final administrative decisions of the Department
hereunder are subject to judicial review pursuant to the
provisions of the Administrative Review Law, as now or
hereafter amended, and all the rules adopted pursuant thereto.
The term "administrative decision" is defined as in Section
3-101 of the Code of Civil Procedure.
(b) Proceedings Such 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 such party is not
a resident of this State, the venue shall be in Sangamon
County.
(c) The Department shall not be required to certify any
record to the court or file any 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,
which costs shall be determined by the Department.
(d) Failure on the part of the plaintiff to file a receipt
in court shall be grounds for dismissal of the action.
(e) During the pendency and hearing of any and all judicial
proceedings incident to a disciplinary action, the sanctions
imposed upon the accused by the Department shall remain in full
force and effect.
(Source: P.A. 86-702.)
(225 ILCS 305/37) (from Ch. 111, par. 1337)
(Section scheduled to be repealed on January 1, 2020)
Sec. 37. Illinois Administrative Procedure Act;
application. 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 licensee has the right to show compliance with all
lawful requirements for retention, continuation or renewal of
the license is specifically excluded. For the purposes of this
Act, the notice required under Section 10-25 of the Illinois
Administrative Procedure Act is deemed sufficient when mailed
to the last known address of record a party.
(Source: P.A. 88-45.)
(225 ILCS 305/4.5 rep.)
(225 ILCS 305/35 rep.)
(225 ILCS 305/36 rep.)
Section 15. The Illinois Architecture Practice Act of 1989
is amended by repealing Sections 4.5, 35, and 36.
feedback