Bill Text: IL SB1925 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Illinois Landscape Architecture Act of 1989. Makes a technical change in a Section concerning the application of the Act.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2009-08-25 - Public Act . . . . . . . . . 96-0730 [SB1925 Detail]
Download: Illinois-2009-SB1925-Enrolled.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Regulatory Sunset Act is amended by changing | ||||||
5 | Section 4.20 and adding Section 4.30 as follows:
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6 | (5 ILCS 80/4.20)
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7 | Sec. 4.20. Acts repealed on January 1, 2010 and December | ||||||
8 | 31, 2010.
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9 | (a) The following Acts are repealed on January 1, 2010:
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10 | The Auction License Act.
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11 | The Illinois Architecture Practice Act of 1989.
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12 | The Illinois Landscape Architecture Act of 1989.
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13 | The Illinois Professional Land Surveyor Act of 1989.
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14 | The Land Sales Registration Act of 1999.
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15 | The Orthotics, Prosthetics, and Pedorthics Practice | ||||||
16 | Act.
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17 | The Perfusionist Practice Act.
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18 | The Professional Engineering Practice Act of 1989.
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19 | The Real Estate License Act of 2000.
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20 | The Structural Engineering Practice Act of 1989.
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21 | (b) The following Act is repealed on December 31, 2010: | ||||||
22 | The Medical Practice Act of 1987. | ||||||
23 | (Source: P.A. 95-1018, eff. 12-18-08.)
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1 | (5 ILCS 80/4.30 new) | ||||||
2 | Sec. 4.30. Acts repealed on January 1, 2020. The following | ||||||
3 | Acts are repealed on January 1, 2020: | ||||||
4 | The Auction License Act. | ||||||
5 | The Illinois Landscape Architecture Act of 1989.
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6 | Section 10. The Illinois Landscape Architecture Act of 1989 | ||||||
7 | is amended by changing Sections 1, 3, 4, 5, 6, 7, 8, 9, 11, 13, | ||||||
8 | 15, 16, 17, 18, 18.1, 19, 21, 22.1, 23, 24, 25, 28, and 31 and | ||||||
9 | by adding Sections 3.5, 6.5, 11.5, and 12.5 as follows:
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10 | (225 ILCS 315/1) (from Ch. 111, par. 8101)
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11 | (Section scheduled to be repealed on January 1, 2010)
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12 | Sec. 1. Purpose. It is the purpose of this Act to provide | ||||||
13 | for the
licensure registration of landscape architects.
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14 | (Source: P.A. 86-932.)
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15 | (225 ILCS 315/3) (from Ch. 111, par. 8103)
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16 | (Section scheduled to be repealed on January 1, 2010)
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17 | Sec. 3. Definitions. As used in this Act:
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18 | (a) "Board" means the Illinois Landscape Architect | ||||||
19 | Registration Board.
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20 | (b) "Department" means the Illinois Department of | ||||||
21 | Financial and Professional Regulation.
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22 | (c) " Secretary Director " means the Secretary Director of |
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1 | Financial and Professional Regulation.
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2 | (d) "Landscape Architect" or "Landscape Architect Design | ||||||
3 | Professional" means a person who, based on education,
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4 | experience, and examination or both in the field of landscape | ||||||
5 | architecture, is licensed eligible to
register under this Act.
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6 | (e) "Landscape Architecture" means the art and science of | ||||||
7 | arranging land,
together with the spaces and objects upon it, | ||||||
8 | for the purpose of creating a
safe, efficient, healthful, and | ||||||
9 | aesthetically pleasing physical environment
for human use and | ||||||
10 | enjoyment , as performed by landscape architects .
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11 | (f) "Landscape Architectural Practice" means the offering | ||||||
12 | or furnishing
of professional services in connection with a | ||||||
13 | landscape architecture
project that do not require the seal of | ||||||
14 | an architect, land surveyor, professional engineer, or | ||||||
15 | structural engineer. Such services may include including , but | ||||||
16 | are not limited to, providing preliminary studies;
developing | ||||||
17 | design concepts; planning for the relationships of physical
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18 | improvements and intended uses of the site; establishing form | ||||||
19 | and aesthetic
elements; analyzing and providing for life safety | ||||||
20 | requirements; developing
those construction details on the | ||||||
21 | site which are exclusive of any building
or structure and do | ||||||
22 | not require the seal of an engineer, architect, or
structural | ||||||
23 | engineer ; preparing and coordinating technical submissions; | ||||||
24 | and
conducting site observation of a landscape architecture | ||||||
25 | project.
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26 | (g) "Person" means any person, sole proprietorship, or |
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1 | entity such as a
partnership, professional service | ||||||
2 | corporation, or corporation.
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3 | (Source: P.A. 86-932.)
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4 | (225 ILCS 315/3.5 new) | ||||||
5 | (Section scheduled to be repealed on January 1, 2010) | ||||||
6 | Sec. 3.5. References. | ||||||
7 | (a) References in this Act (i) to the Department of | ||||||
8 | Professional Regulation are deemed, in appropriate contexts, | ||||||
9 | to be references to the Department of Financial and | ||||||
10 | Professional Regulation and (ii) to the Director of | ||||||
11 | Professional Regulation are deemed, in appropriate contexts, | ||||||
12 | to be references to the Secretary of Financial and Professional | ||||||
13 | Regulation. | ||||||
14 | (b) References to registration in the rules promulgated | ||||||
15 | pursuant to this Act shall be deemed, in appropriate contexts, | ||||||
16 | to be references to licensure.
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17 | (225 ILCS 315/4) (from Ch. 111, par. 8104)
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18 | (Section scheduled to be repealed on January 1, 2010)
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19 | Sec. 4. Use of title. No After the effective date of this | ||||||
20 | Act, no person may represent
himself to be a landscape | ||||||
21 | architect , or use the title "landscape architect",
"registered | ||||||
22 | landscape architect", "licensed landscape architect", | ||||||
23 | "landscape architect design professional", or any other title | ||||||
24 | which includes the
words "landscape architect" or "landscape |
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1 | architecture" , unless licensed registered under this Act.
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2 | (Source: P.A. 86-932.)
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3 | (225 ILCS 315/5) (from Ch. 111, par. 8105)
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4 | (Section scheduled to be repealed on January 1, 2010)
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5 | Sec. 5. Practice without license. Nothing in this Act | ||||||
6 | prevents any person from being engaged in
the practice of | ||||||
7 | landscape architecture so long as he or she does not represent
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8 | himself or herself as, or use the titles of, "landscape | ||||||
9 | architect" , or "registered
landscape architect" , "licensed | ||||||
10 | landscape architect", "landscape architecture", "landscape | ||||||
11 | architect design professional", or "landscape architecture | ||||||
12 | design professional" .
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13 | (Source: P.A. 86-932.)
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14 | (225 ILCS 315/6) (from Ch. 111, par. 8106)
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15 | (Section scheduled to be repealed on January 1, 2010)
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16 | Sec. 6. Issuance of Certificate. Whenever an applicant for
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17 | licensure registration has complied with the provisions of | ||||||
18 | Section 11 of this Act,
the Department shall issue a | ||||||
19 | certificate
of licensure registration to the applicant as a | ||||||
20 | licensed registered landscape architect subject
to the | ||||||
21 | provisions of this Act.
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22 | (Source: P.A. 86-932.)
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23 | (225 ILCS 315/6.5 new) |
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1 | (Section scheduled to be repealed on January 1, 2010) | ||||||
2 | Sec. 6.5. Display of license; seal. | ||||||
3 | (a) Every holder of a landscape architect license shall | ||||||
4 | display his or her certificate of licensure in a conspicuous | ||||||
5 | place in his or her principal office. A certificate of | ||||||
6 | registration issued under this Act that is in good standing on | ||||||
7 | the effective date of this amendatory Act of the 96th General | ||||||
8 | Assembly shall be deemed to be a certificate of licensure and | ||||||
9 | the Department shall not be required to issue a new certificate | ||||||
10 | of licensure to replace it. | ||||||
11 | (b) Every landscape architect shall have a seal, approved | ||||||
12 | by the Department and the Board, which shall contain the name | ||||||
13 | of the landscape architect, the number of his or her license, | ||||||
14 | and the legend "Landscape Architect, State of Illinois" and | ||||||
15 | other words or figures as the Department deems necessary. | ||||||
16 | Plans, specifications, and reports related to landscape | ||||||
17 | architectural practice and prepared by the landscape | ||||||
18 | architect, or under his or her supervision, shall be stamped | ||||||
19 | with his or her seal when filed. Notwithstanding the | ||||||
20 | requirements of this Section, an architect, land surveyor, | ||||||
21 | professional engineer, or structural engineer shall be | ||||||
22 | permitted to affix his or her professional seal or stamp to any | ||||||
23 | plans, specifications, and reports prepared by or under his or | ||||||
24 | her responsible control in connection with the incidental | ||||||
25 | practice of landscape architecture. | ||||||
26 | (c) A landscape architect who endorses a document with his |
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1 | or her seal while his or her license is suspended, expired, or | ||||||
2 | has been revoked, who has been placed on probation or inactive | ||||||
3 | status, or who endorses a document that the landscape architect | ||||||
4 | did not actually prepare or supervise the preparation of, is | ||||||
5 | subject to the penalties prescribed in Section 18.1.
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6 | (225 ILCS 315/7) (from Ch. 111, par. 8107)
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7 | (Section scheduled to be repealed on January 1, 2010)
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8 | Sec. 7. Current Address of Record . Every landscape
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9 | architect shall maintain a current address with the Department.
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10 | It is the duty of every applicant or licensee to inform the | ||||||
11 | Department of any change of address, and such changes must be | ||||||
12 | made either through the Department's website or by directly | ||||||
13 | contacting the Department shall be the responsibility of the | ||||||
14 | registrant to notify the Department in
writing of any change of | ||||||
15 | address .
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16 | (Source: P.A. 91-255, eff. 12-30-99.)
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17 | (225 ILCS 315/8) (from Ch. 111, par. 8108)
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18 | (Section scheduled to be repealed on January 1, 2010)
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19 | Sec. 8. Powers and Duties of the Department.
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20 | (a) The Department shall exercise the powers and duties | ||||||
21 | prescribed by the
Civil Administrative Code of Illinois for the | ||||||
22 | administration of licensing
acts and shall exercise such other | ||||||
23 | powers and duties vested by this Act.
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24 | (b) The Department shall promulgate rules and regulations |
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1 | consistent
with the provisions of this Act for the | ||||||
2 | administration and enforcement
thereof which shall include | ||||||
3 | standards and criteria for licensure registration and
for the | ||||||
4 | payment of fees connected therewith.
The Department shall | ||||||
5 | prescribe forms required for the administration of this Act.
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6 | (c) The Department shall consult the Landscape | ||||||
7 | Architecture Board in
promulgating rules and
regulations. | ||||||
8 | Notice of proposed rulemaking shall be transmitted to the
Board | ||||||
9 | and the Department shall review the Board's response and any
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10 | recommendations made therein. The Department shall notify the | ||||||
11 | Board in
writing of the explanation for any deviations from the | ||||||
12 | Board's
recommendations and response.
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13 | (d) The Department may at any time seek the advice and the | ||||||
14 | expert
knowledge of the Board on any matter relating to the | ||||||
15 | administration of this Act.
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16 | (e) The Department shall issue a quarterly report to the | ||||||
17 | Board setting
forth the status of all complaints received by | ||||||
18 | the Department related to
the landscape architectural | ||||||
19 | architecture practice.
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20 | (f) The Department shall maintain membership and | ||||||
21 | representation in the national body composed of state licensing | ||||||
22 | and testing boards for landscape architects. | ||||||
23 | (Source: P.A. 86-932.)
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24 | (225 ILCS 315/9) (from Ch. 111, par. 8109)
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25 | (Section scheduled to be repealed on January 1, 2010)
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1 | Sec. 9. Composition, qualification, and terms of Board.
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2 | (a) The Secretary Director shall appoint a Board consisting | ||||||
3 | of 5 persons
who are residents of the State of Illinois and who | ||||||
4 | shall be appointed by
and shall serve in an advisory capacity | ||||||
5 | to the Secretary Director . Four persons
shall be individuals | ||||||
6 | experienced in landscape architectural work who would
qualify | ||||||
7 | upon application to the Department under the provisions of this | ||||||
8 | Act
to be licensed registered landscape architects, one of whom | ||||||
9 | shall be a tenured member
of the landscape architecture faculty | ||||||
10 | of a university located within this State that maintains an | ||||||
11 | accredited school of landscape architecture the University of | ||||||
12 | Illinois and 3
of whom shall have engaged in landscape | ||||||
13 | architectural work for at least 5
years. The fifth person shall | ||||||
14 | be a public member, not an employee of the
State of Illinois, | ||||||
15 | who is not licensed or registered under this Act or a similar | ||||||
16 | Act of
another jurisdiction. The public member may not be | ||||||
17 | elected or appointed as
chairman of the Board or serve in such | ||||||
18 | capacity in any other manner.
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19 | (b) Members of the Board shall serve 5 year terms and until | ||||||
20 | their
successors are appointed and qualified. No member shall | ||||||
21 | be
reappointed to the Board for a term which would cause that | ||||||
22 | member's
cumulative service on the Board to be longer than 10 | ||||||
23 | years.
No member who is an initial appointment to the Board | ||||||
24 | shall be reappointed
to the Board for a term which would cause | ||||||
25 | that member's cumulative service
on the Board to be longer than | ||||||
26 | 13 years. Appointments
to fill vacancies shall be made in the |
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1 | same manner as original appointments
for the unexpired portion | ||||||
2 | of the vacated term. Initial terms shall begin
upon the | ||||||
3 | effective date of this Act.
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4 | (c) The Secretary Director may remove any member of the | ||||||
5 | Board for cause, which may
include without limitation a member | ||||||
6 | who does not attend 2 consecutive
meetings.
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7 | (d) The Secretary Director shall consider the | ||||||
8 | recommendations of the Board on
questions involving standards | ||||||
9 | of professional conduct, discipline, and
qualifications of | ||||||
10 | applicants candidates and licensees registrants under this | ||||||
11 | Act.
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12 | (e) Three members A quorum of the Board shall constitute a | ||||||
13 | quorum consist of a majority of members currently
appointed . A | ||||||
14 | majority vote of the quorum is required for Board board | ||||||
15 | decisions.
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16 | (f) The Board shall annually elect a chairperson and vice | ||||||
17 | chairperson, both
of whom shall be licensed landscape | ||||||
18 | architects.
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19 | (Source: P.A. 91-255, eff. 12-30-99.)
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20 | (225 ILCS 315/11) (from Ch. 111, par. 8111)
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21 | (Section scheduled to be repealed on January 1, 2010)
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22 | Sec. 11. Licensure Registration Qualifications.
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23 | (a) Every person applying to the Department for licensure | ||||||
24 | registration shall do so
on forms approved by the Department | ||||||
25 | and shall pay the required fee. Every
person applying to the |
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1 | Department for licensure registration
shall submit, with his | ||||||
2 | application, satisfactory evidence that the person
holds an | ||||||
3 | approved professional degree in landscape architecture from an
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4 | approved and accredited program, as such terms are defined by | ||||||
5 | the rules and
regulations of the Department, and that he has | ||||||
6 | had such practical
experience in landscape architectural work | ||||||
7 | as shall be required by the
rules and regulations of the | ||||||
8 | Department. Every In lieu of evidence of any
approved | ||||||
9 | professional degree in landscape architecture, the applicant | ||||||
10 | may
submit satisfactory evidence of such other education or | ||||||
11 | experience as shall
be required by the rules and regulations of | ||||||
12 | the Department; provided,
however, that after January 1, 1993 | ||||||
13 | every applicant for initial licensure registration
must have an
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14 | approved professional degree.
If an applicant is qualified the | ||||||
15 | Department shall,
by means of a written examination, examine | ||||||
16 | the applicant on such technical
and professional subjects as | ||||||
17 | shall be required by the rules and regulations
of the | ||||||
18 | Department.
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19 | (b) The Department may exempt from such written examination | ||||||
20 | an applicant
who holds a certificate of qualification issued by | ||||||
21 | the National Council of
Landscape Architecture Registration | ||||||
22 | Boards, or who holds a registration or license in
another state | ||||||
23 | which has equivalent or substantially equivalent requirements
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24 | as the State of Illinois.
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25 | (c) The Department shall adopt rules determining | ||||||
26 | requirements for practical training and
education. The |
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1 | Department may also adopt the examinations and recommended
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2 | grading procedures of the National
Council of Landscape | ||||||
3 | Architectural Registration Boards and the
accreditation | ||||||
4 | procedures of the Landscape Architectural Accrediting Board.
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5 | The Department shall issue a certificate of licensure | ||||||
6 | registration to each applicant who satisfies
the requirements | ||||||
7 | set forth in this Section. Such licensure registration shall be
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8 | effective upon issuance.
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9 | (d) If an applicant neglects, fails without an approved | ||||||
10 | excuse, or
refuses to take an examination or fails to pass an | ||||||
11 | examination to obtain a
certificate of licensure registration | ||||||
12 | under this Act within 3 years after filing the
application, the | ||||||
13 | application shall be denied. However, such applicant may
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14 | thereafter submit a new application accompanied by the required | ||||||
15 | fee.
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16 | (e) For a period of 2 years after the effective date of | ||||||
17 | this amendatory Act of the 96th General Assembly, persons | ||||||
18 | demonstrating to the Department that they have been engaged in | ||||||
19 | landscape architectural practice for a period of 10 years and | ||||||
20 | have an accredited degree and license in urban or regional | ||||||
21 | planning, architecture, or civil engineering are eligible to | ||||||
22 | achieve licensure through examination. Any person who has been | ||||||
23 | engaged in the practice of landscape
architecture prior to the | ||||||
24 | effective date of this Act, shall, upon
application within 2 | ||||||
25 | years from the effective date of this Act and upon
payment of | ||||||
26 | the required current registration fee and application fee, be
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1 | issued registration without examination upon furnishing to the | ||||||
2 | Department
satisfactory proof that he was so engaged prior to | ||||||
3 | such date. The
Director, through the Board, shall accept as | ||||||
4 | satisfactory evidence of the
competency and qualifications of | ||||||
5 | the applicant for registration the following:
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6 | (1) A diploma of graduation or satisfactory completion | ||||||
7 | certificate
from a college, school, or university offering | ||||||
8 | an accredited program in
landscape architecture, together | ||||||
9 | with evidence of at least 2 years of actual,
practical
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10 | experience in landscape architectural work of a grade and | ||||||
11 | character
acceptable to the Board; or
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12 | (2) Evidence that the applicant has a total of at least | ||||||
13 | 7 years of actual,
practical
experience in landscape | ||||||
14 | architectural work of a grade and character
acceptable to | ||||||
15 | the Board and has been actually engaged in the active
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16 | practice of landscape architecture for not less than 4 | ||||||
17 | years
immediately prior to the effective date of this Act.
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18 | (Source: P.A. 91-255, eff. 12-30-99.)
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19 | (225 ILCS 315/11.5 new) | ||||||
20 | (Section scheduled to be repealed on January 1, 2010) | ||||||
21 | Sec. 11.5. Professional liability. | ||||||
22 | (a) Any individual licensed under this Act as a landscape | ||||||
23 | architect is liable for his or her negligent or willful acts, | ||||||
24 | errors, and omissions and any shareholder, member, or partner | ||||||
25 | of any entity that provides landscape architecture services |
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1 | through an individual licensed under this Act is liable for the | ||||||
2 | negligent or willful acts, errors, and omissions of the | ||||||
3 | employees, members, and partners of the entity. Eligible claims | ||||||
4 | of liability may be covered under a qualifying policy of | ||||||
5 | professional liability insurance, as set forth in subsection | ||||||
6 | (b) of this Section, maintained by an individual or entity. | ||||||
7 | (b) A qualifying policy of professional liability | ||||||
8 | insurance must insure an individual or entity against liability | ||||||
9 | imposed upon it by law for damages arising out of the negligent | ||||||
10 | acts, errors, and omissions of the individual or of the | ||||||
11 | licensed and unlicensed employees, members, and partners of the | ||||||
12 | entity.
The policy may exclude coverage of the following: | ||||||
13 | (1) a dishonest, fraudulent, criminal, or malicious | ||||||
14 | act or omission of the insured individual or entity or any | ||||||
15 | stockholder, employee, member, or partner of the insured | ||||||
16 | entity; | ||||||
17 | (2) the conducting of a business enterprise that is not | ||||||
18 | landscape architectural practice by the insured individual | ||||||
19 | or entity; | ||||||
20 | (3) the conducting of a business enterprise in which | ||||||
21 | the insured individual or entity may be a partner or that | ||||||
22 | may be controlled, operated, or managed by the individual | ||||||
23 | or entity in its own or in a fiduciary capacity, including | ||||||
24 | without limitation the ownership, maintenance, or use of | ||||||
25 | property; | ||||||
26 | (4) bodily injury, sickness, disease, or death of a |
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1 | person; or | ||||||
2 | (5) damage to or destruction of tangible property owned | ||||||
3 | by the insured individual or entity. | ||||||
4 | The policy may include any other reasonable provisions with | ||||||
5 | respect to policy periods, territory, claims, conditions, and | ||||||
6 | ministerial matters.
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7 | (225 ILCS 315/12.5 new) | ||||||
8 | (Section scheduled to be repealed on January 1, 2010) | ||||||
9 | Sec. 12.5. Continuing education. The Department may adopt | ||||||
10 | rules of continuing education for persons licensed under this | ||||||
11 | Act. The Department shall consider the recommendations of the | ||||||
12 | Board in establishing the guidelines for the continuing | ||||||
13 | education requirements. Rules adopted under this Section apply | ||||||
14 | to any person seeking renewal or restoration of licensure under | ||||||
15 | this Act. The continuing education shall consist of at least 6 | ||||||
16 | hours per year and may include relevant courses offered in | ||||||
17 | various formats or mediums.
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18 | (225 ILCS 315/13) (from Ch. 111, par. 8113)
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19 | (Section scheduled to be repealed on January 1, 2010)
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20 | Sec. 13. Inactive Status.
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21 | (a) Any landscape architect who notifies the Department in | ||||||
22 | writing on
forms prescribed by the Department may elect to | ||||||
23 | place
his or her license registration on an inactive status and | ||||||
24 | shall be excused from payment of
renewal fees until he or she |
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1 | notifies the Department in writing of his or her desire to
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2 | resume active status.
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3 | (b) Any person whose license has been expired for more than | ||||||
4 | 3 years may have
his or her license restored by making | ||||||
5 | application to the Department and filing
proof acceptable to | ||||||
6 | the Department of his or her fitness to have his or her license
| ||||||
7 | restored, including evidence certifying to active practice in | ||||||
8 | another
jurisdiction, and by paying the required restoration | ||||||
9 | fee.
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10 | (c) Any landscape architect whose license registration is | ||||||
11 | in an inactive status,
has been suspended or revoked, or has | ||||||
12 | expired shall not represent himself
or herself to be a | ||||||
13 | landscape architect or use the title "landscape architect",
| ||||||
14 | "registered landscape architect", "licensed landscape | ||||||
15 | architect", or any other title which includes the
words | ||||||
16 | "landscape architect" or "landscape architecture" .
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17 | (Source: P.A. 86-932.)
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18 | (225 ILCS 315/15) (from Ch. 111, par. 8115)
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19 | (Section scheduled to be repealed on January 1, 2010)
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20 | Sec. 15. Disposition of funds. All of the fees collected | ||||||
21 | pursuant
to this Act shall be deposited in the General | ||||||
22 | Professions Dedicated Fund.
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23 | On January 1, 2000 the State Comptroller shall transfer the | ||||||
24 | balance of the
monies in the Landscape Architects' | ||||||
25 | Administration and Investigation Fund into
the General |
| |||||||
| |||||||
1 | Professions Dedicated Fund. Amounts appropriated for fiscal | ||||||
2 | year
2000 out of the Landscape Architects' Administration and | ||||||
3 | Investigation Fund may
be paid out of the General Professions | ||||||
4 | Dedicated Fund.
| ||||||
5 | The monies deposited in the General Professions Dedicated
| ||||||
6 | Fund may be used for the expenses of the Department in the
| ||||||
7 | administration of this Act.
| ||||||
8 | Moneys from the Fund may also be used for direct and | ||||||
9 | allocable indirect
costs related to the public purposes of the | ||||||
10 | Department of Financial and Professional
Regulation. Moneys in | ||||||
11 | the Fund may be transferred to the Professions
Indirect Cost | ||||||
12 | Fund as authorized by Section 2105-300 of the Department
of | ||||||
13 | Professional Regulation Law (20 ILCS 2105/2105-300).
| ||||||
14 | (Source: P.A. 91-239, eff. 1-1-00; 91-255, eff. 12-30-99; | ||||||
15 | 92-16, eff.
6-28-01.)
| ||||||
16 | (225 ILCS 315/16) (from Ch. 111, par. 8116)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
18 | Sec. 16. Roster. The Department shall maintain a roster of | ||||||
19 | the names and
addresses of all licensed registered landscape | ||||||
20 | architects. This roster
shall be available upon written request | ||||||
21 | and payment of the required fee.
| ||||||
22 | (Source: P.A. 86-932.)
| ||||||
23 | (225 ILCS 315/17) (from Ch. 111, par. 8117)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2010)
|
| |||||||
| |||||||
1 | Sec. 17. Advertising. Any person licensed registered under | ||||||
2 | this Act may
advertise the availability of professional | ||||||
3 | services in the public media or
on the premises where such | ||||||
4 | professional services are rendered provided that
such | ||||||
5 | advertising is truthful and not misleading.
| ||||||
6 | (Source: P.A. 86-932.)
| ||||||
7 | (225 ILCS 315/18) (from Ch. 111, par. 8118)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
9 | Sec. 18. Violation; injunction; cease and desist order. | ||||||
10 | (a) If any
person violates the
provisions of this Act, the | ||||||
11 | Secretary Director may, in the name of the People of the
State | ||||||
12 | of Illinois, through the Attorney General of the State of | ||||||
13 | Illinois
or the State's Attorney of any county in which the | ||||||
14 | action is brought, petition
for an order enjoining such | ||||||
15 | violation and for an order enforcing compliance
with this Act. | ||||||
16 | Upon the filing of a verified petition in court, the court
may | ||||||
17 | issue a temporary restraining order, without notice or bond, | ||||||
18 | and may
preliminarily and permanently enjoin
such violation. If | ||||||
19 | it is established that such person has violated or
is violating | ||||||
20 | the injunction, the Court may punish the offender for contempt
| ||||||
21 | of court. Proceedings under this Section shall be in addition | ||||||
22 | to, and not
in lieu of, all other remedies and penalties | ||||||
23 | provided by this Act.
| ||||||
24 | (b) If any person shall hold himself or herself out as a | ||||||
25 | "landscape architect" , "licensed landscape architect", or
|
| |||||||
| |||||||
1 | "registered landscape architect" , or use any other title that | ||||||
2 | includes the words "landscape architect" or "landscape | ||||||
3 | architecture" without being licensed registered under the
| ||||||
4 | provisions of this Act, then any licensed registered landscape | ||||||
5 | architect, any
interested party or any person injured thereby | ||||||
6 | may, in addition to the Secretary
Director , petition for relief | ||||||
7 | as provided in subsection (a) of this Section.
| ||||||
8 | (c) Whoever holds himself or herself out as a "landscape | ||||||
9 | architect" , "licensed landscape architect", or a "registered
| ||||||
10 | landscape architect" , or uses any other title that includes the | ||||||
11 | words "landscape architect" or "landscape architecture"
in | ||||||
12 | this State without being licensed under this Act registered for | ||||||
13 | that purpose shall be guilty of
a Class A misdemeanor, and for | ||||||
14 | each subsequent conviction shall be guilty
of a Class 4 felony.
| ||||||
15 | (d) Whenever, in the opinion of the Department, a person | ||||||
16 | violates any
provision of this Act, the Department may issue a | ||||||
17 | rule to show cause why an
order to cease and desist should not | ||||||
18 | be entered against that person. The rule
shall clearly set | ||||||
19 | forth the grounds relied upon by the Department and shall
allow | ||||||
20 | the person at least 7 days from the date of the rule to file an | ||||||
21 | answer
that is satisfactory
to the Department. Failure to | ||||||
22 | answer to the satisfaction of the Department
shall cause an | ||||||
23 | order to cease and desist to be issued.
| ||||||
24 | (Source: P.A. 88-363.)
| ||||||
25 | (225 ILCS 315/18.1)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
2 | Sec. 18.1. Grounds for Discipline.
| ||||||
3 | (a) The Department may refuse to issue or to , renew, or may | ||||||
4 | revoke, suspend, place
on probation, reprimand, or take other | ||||||
5 | disciplinary or non-disciplinary action as deemed appropriate | ||||||
6 | including the impositions of fines the Department
considers | ||||||
7 | appropriate, including the issuance of fines not to exceed | ||||||
8 | $10,000 $1,000 for
each violation, as the Department may deem | ||||||
9 | proper with regard to any license for any one or combination | ||||||
10 | more of the
following:
| ||||||
11 | (1) Material misstatement in furnishing information to | ||||||
12 | the Department or
to any other State agency.
| ||||||
13 | (2) Negligent or intentional disregard of this Act, or | ||||||
14 | violation of any
rules under this Act.
| ||||||
15 | (3) Conviction of or plea of guilty or nolo contendere | ||||||
16 | to any crime under the laws of the United States or any
| ||||||
17 | state or territory thereof that is a felony, or that is a | ||||||
18 | misdemeanor, an
essential element of which is dishonesty, | ||||||
19 | or of any crime that is directly
related to the practice of | ||||||
20 | the profession.
| ||||||
21 | (4) Making any misrepresentation for the purpose of | ||||||
22 | obtaining a license,
or violating any provision of this Act | ||||||
23 | or its rules.
| ||||||
24 | (5) Professional incompetence or gross negligence in | ||||||
25 | the rendering of
landscape architectural services.
| ||||||
26 | (6) Aiding or assisting another person in violating any |
| |||||||
| |||||||
1 | provision of this
Act or any rules.
| ||||||
2 | (7) Failing to provide information within 60 days in | ||||||
3 | response to a written
request made by the Department.
| ||||||
4 | (8) Engaging in dishonorable, unethical, or | ||||||
5 | unprofessional conduct of a
character likely to deceive, | ||||||
6 | defraud, or harm the public and violating the
rules of | ||||||
7 | professional conduct adopted by the Department.
| ||||||
8 | (9) Habitual or excessive use or addiction to alcohol, | ||||||
9 | narcotics,
stimulants, or any other chemical agent or drug | ||||||
10 | that results in an inability to
practice with reasonable | ||||||
11 | skill, judgment, or safety.
| ||||||
12 | (10) Discipline by another jurisdiction, if at least | ||||||
13 | one of the grounds
for the discipline is the same or | ||||||
14 | substantially equivalent to those set forth
in this | ||||||
15 | Section.
| ||||||
16 | (11) Directly or indirectly giving to or receiving from | ||||||
17 | any person, firm,
corporation, partnership, or association | ||||||
18 | any fee, commission, rebate, or other
form of compensation | ||||||
19 | for any professional service not actually rendered.
| ||||||
20 | (12) A finding by the Board that the licensee, after | ||||||
21 | having the license
placed on probationary status, has | ||||||
22 | violated the terms of probation.
| ||||||
23 | (12.5) A finding by the Board that the licensee has | ||||||
24 | failed to pay a fine
imposed by the Department.
| ||||||
25 | (13) Abandonment of a client.
| ||||||
26 | (14) Willfully filing false reports relating to a |
| |||||||
| |||||||
1 | licensee's practice,
including but not limited to, false | ||||||
2 | records filed with federal or State
agencies
or | ||||||
3 | departments.
| ||||||
4 | (15) Being named as a perpetrator in an indicated | ||||||
5 | report by the Department
of Children and Family Services | ||||||
6 | under the Abused and Neglected Child
Reporting Act, and | ||||||
7 | upon proof by clear and convincing evidence that the
| ||||||
8 | licensee has caused a child to be an abused child or | ||||||
9 | neglected child as defined
in the Abused and Neglected | ||||||
10 | Child Reporting Act.
| ||||||
11 | (16) Physical or mental disability, including | ||||||
12 | deterioration through the
aging process or loss of | ||||||
13 | abilities and skills that results in the inability to
| ||||||
14 | practice the profession with reasonable judgment, skill, | ||||||
15 | or safety.
| ||||||
16 | (17) Solicitation of professional services by using | ||||||
17 | false or misleading
advertising.
| ||||||
18 | (18) Failure to file a return, or to pay the tax, | ||||||
19 | penalty, or interest
shown in a filed return, or to pay any | ||||||
20 | final assessment of tax, penalty, or
interest, as required | ||||||
21 | by any tax Act administered by the Illinois Department of
| ||||||
22 | Revenue or any successor agency or the Internal Revenue | ||||||
23 | Service or any
successor agency.
| ||||||
24 | (b) Any fines imposed under this Section shall not exceed | ||||||
25 | $10,000 $1,000 for each
violation.
| ||||||
26 | (c) The determination by a court that a licensee is subject |
| |||||||
| |||||||
1 | to involuntary
admission or judicial admission as provided in | ||||||
2 | the Mental Health and
Developmental Disabilities Code will | ||||||
3 | result in an automatic suspension of his
or her license. The | ||||||
4 | suspension will end upon a finding by a court that the
licensee | ||||||
5 | is no longer subject to involuntary admission or judicial | ||||||
6 | admission,
the issuance of an order so finding and discharging | ||||||
7 | the patient, and the
recommendation of the Board to the | ||||||
8 | Secretary Director that the licensee be allowed to
resume | ||||||
9 | professional practice.
| ||||||
10 | (d) In enforcing this Section, the Board, upon a showing of | ||||||
11 | a possible
violation, may compel a person licensed registered | ||||||
12 | under this Act or who has
applied for licensure registration | ||||||
13 | pursuant to this Act to submit to a
mental or physical | ||||||
14 | examination, or both, as required by and at the expense of
the | ||||||
15 | Department. The examining physicians shall be those | ||||||
16 | specifically
designated by the Board. The Board or the | ||||||
17 | Department may order the examining
physician to present | ||||||
18 | testimony concerning this mental or physical examination
of the | ||||||
19 | licensee registrant or applicant. No information shall be | ||||||
20 | excluded by reason of
any common law or statutory privilege | ||||||
21 | relating to communications between the licensee
registrant or | ||||||
22 | applicant and the examining physician. The person to be
| ||||||
23 | examined
may
have, at his or her own expense, another physician | ||||||
24 | of his or her choice present
during all aspects of the | ||||||
25 | examination. Failure of any person to submit to a
mental or | ||||||
26 | physical examination when directed shall be grounds for |
| |||||||
| |||||||
1 | suspension
of a license registration until the person submits | ||||||
2 | to the examination if the Board
finds,
after notice and | ||||||
3 | hearing, that the refusal to submit to the examination was
| ||||||
4 | without reasonable cause.
| ||||||
5 | If the Board finds a person unable to practice because of | ||||||
6 | the reasons set
forth in this Section, the Board may require | ||||||
7 | that person to submit to care,
counseling, or treatment by | ||||||
8 | physicians approved or designated by the Board as
a condition, | ||||||
9 | term, or restriction for continued, reinstated, or renewed | ||||||
10 | licensure
registration ; or, in lieu of care, counseling, or | ||||||
11 | treatment, the Board
may recommend that the Department file a | ||||||
12 | complaint to immediately suspend,
revoke, or otherwise | ||||||
13 | discipline the license registration of the person. Any person
| ||||||
14 | whose license
registration was granted, continued, reinstated, | ||||||
15 | renewed, disciplined, or
supervised
subject to such terms, | ||||||
16 | conditions, or restrictions and who fails to comply
with such | ||||||
17 | terms, conditions, or restrictions shall be referred to the | ||||||
18 | Secretary Director
for a determination as to whether the person | ||||||
19 | shall have his or her license registration
suspended | ||||||
20 | immediately, pending a hearing by the Board.
| ||||||
21 | (Source: P.A. 91-255, eff. 12-30-99.)
| ||||||
22 | (225 ILCS 315/19) (from Ch. 111, par. 8119)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
24 | Sec. 19. Investigation; notice and hearing. The Department | ||||||
25 | may
investigate the actions or qualifications of any applicant |
| |||||||
| |||||||
1 | or person
holding or claiming to hold a license certificate of | ||||||
2 | registration . The Department
shall, before suspending or | ||||||
3 | revoking, placing on probation, reprimanding, or
taking any | ||||||
4 | other disciplinary action under Section 18.1 of this Act, at
| ||||||
5 | least 30 days before the
date set for the hearing, notify the | ||||||
6 | applicant or licensee holder of a certificate of
registration | ||||||
7 | in writing
of the nature of the
charges
and that a hearing will | ||||||
8 | be held on the date designated. The
written
notice may be | ||||||
9 | served by personal delivery or certified or registered mail
to | ||||||
10 | the
applicant or licensee at the address of record with his | ||||||
11 | last
notification to the Department.
The Department shall | ||||||
12 | direct the applicant or licensee to file a written
answer with
| ||||||
13 | the Department, under oath, within 20 days after the service of | ||||||
14 | the notice, and
inform the person that if he or she fails to | ||||||
15 | file an answer, his or her license
may be revoked, suspended, | ||||||
16 | placed on probation, reprimanded, or the Department
may take | ||||||
17 | any other additional disciplinary action including the | ||||||
18 | issuance of
fines, not to exceed $10,000 $1,000 for each | ||||||
19 | violation, as the Department may consider
necessary, without a | ||||||
20 | hearing. At the time and place fixed in the notice, the
Board | ||||||
21 | shall proceed to hear the charges and the parties or their | ||||||
22 | counsel. All
parties shall
be accorded an opportunity to | ||||||
23 | present any statements, testimony, evidence,
and arguments as | ||||||
24 | may be pertinent to the charges or to their defense. The
Board | ||||||
25 | may continue the hearing from time to time.
| ||||||
26 | (Source: P.A. 87-1031; 88-363.)
|
| |||||||
| |||||||
1 | (225 ILCS 315/21) (from Ch. 111, par. 8121)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
3 | Sec. 21. Subpoenas; depositions; oaths. The Department has
| ||||||
4 | power to subpoena and bring before it any person and to take
| ||||||
5 | testimony either orally or by deposition, or both, with the | ||||||
6 | same fees and
mileage and in the same manner as prescribed
in | ||||||
7 | civil cases in circuit courts of this State.
| ||||||
8 | The Secretary Director , the designated hearing officer, | ||||||
9 | and every member of the
Board has the power to
administer oaths | ||||||
10 | to witnesses at any hearing which the Department is
authorized | ||||||
11 | to conduct, and any other oaths
authorized in
any Act | ||||||
12 | administered by the Department.
| ||||||
13 | (Source: P.A. 88-363.)
| ||||||
14 | (225 ILCS 315/22.1)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
16 | Sec. 22.1. Findings and recommendations. At the conclusion | ||||||
17 | of the
hearing, the Board shall present to the Secretary | ||||||
18 | Director a written report of its
findings of fact, conclusions | ||||||
19 | of law, and recommendations. The report shall
contain a finding | ||||||
20 | whether the licensee violated this Act or failed to comply
with | ||||||
21 | the conditions required in this Act. The Board shall specify | ||||||
22 | the nature
of the violation or failure to comply, and shall | ||||||
23 | make its recommendations to
the Secretary Director .
| ||||||
24 | The report of findings of fact, conclusions of law, and |
| |||||||
| |||||||
1 | recommendation of the
Board shall be the basis for the | ||||||
2 | Department's order for refusal or for the
granting of the | ||||||
3 | license. If the Secretary Director disagrees with the | ||||||
4 | recommendations of
the Board, the Secretary Director may issue | ||||||
5 | an order in contravention of the Board
recommendations. The | ||||||
6 | Secretary Director shall provide a written report to the Board | ||||||
7 | on
any disagreement and shall specify the reasons for the | ||||||
8 | action in the final
order. The findings are not admissible in | ||||||
9 | evidence against the person in a
criminal prosecution for | ||||||
10 | violation of this Act, but the hearing and
findings are not a | ||||||
11 | bar to a criminal prosecution for violation of
this Act.
| ||||||
12 | (Source: P.A. 88-363.)
| ||||||
13 | (225 ILCS 315/23) (from Ch. 111, par. 8123)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
15 | Sec. 23. Board; Rehearing. At the conclusion of
the | ||||||
16 | hearing, a
copy of the Board's report shall be served upon the | ||||||
17 | accused
person, either
personally or as provided in this Act | ||||||
18 | for
the service of the notice. Within 20 days after such | ||||||
19 | service, the
applicant or licensee may present to the | ||||||
20 | Department
a motion in writing for a
rehearing which shall | ||||||
21 | specify the particular grounds for rehearing. If no motion for | ||||||
22 | a rehearing is filed, then upon the
expiration of the time | ||||||
23 | specified for filing such a motion, or if a motion for
| ||||||
24 | rehearing is denied, then upon the denial, the Secretary | ||||||
25 | Director may enter any order in
accordance with recommendations |
| |||||||
| |||||||
1 | of the Board, except as provided in Section 120
of this Act. If | ||||||
2 | the applicant or licensee requests and pays for a transcript
of | ||||||
3 | the record within the time for filing a motion for rehearing, | ||||||
4 | the 20-day
period within which a motion may be filed shall | ||||||
5 | commence upon the delivery of
the transcript to the applicant | ||||||
6 | or licensee.
| ||||||
7 | Whenever the Secretary Director is not satisfied that | ||||||
8 | substantial justice has been
done, he may order a rehearing by | ||||||
9 | the same or another special board. At
the expiration of the | ||||||
10 | time specified for filing a motion for a rehearing
the | ||||||
11 | Secretary Director has the right to take the action recommended | ||||||
12 | by the Board.
| ||||||
13 | (Source: P.A. 88-363.)
| ||||||
14 | (225 ILCS 315/24) (from Ch. 111, par. 8124)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
16 | Sec. 24. Appointment of a hearing officer. The Secretary | ||||||
17 | Director has the authority to appoint
any attorney licensed to | ||||||
18 | practice law in the State of Illinois to
serve as the hearing | ||||||
19 | officer in any action
for refusal to issue or renew a license | ||||||
20 | or permit or to discipline a
licensee. The Secretary Director | ||||||
21 | shall notify the Board of any such appointment. The
hearing
| ||||||
22 | officer has full authority to conduct the hearing. At least one | ||||||
23 | member of
the Board shall attend each hearing. The hearing | ||||||
24 | officer shall report his findings of
fact, conclusions of law | ||||||
25 | and recommendations to the Board and the Secretary Director .
|
| |||||||
| |||||||
1 | The Board has 60 days from receipt of the report to review
it | ||||||
2 | and present its findings of fact,
conclusions of law and | ||||||
3 | recommendations to the Secretary Director . If the Board fails
| ||||||
4 | to present its report within the 60 day period, the Secretary | ||||||
5 | Director shall issue an
order based on the report of the | ||||||
6 | hearing officer. If the Secretary Director
disagrees with the | ||||||
7 | recommendation of the Board
or hearing officer, the Secretary | ||||||
8 | Director
may issue an order in contravention of the | ||||||
9 | recommendation. The Secretary
Director shall promptly provide | ||||||
10 | a
written explanation to the Board on any disagreement.
| ||||||
11 | (Source: P.A. 88-363.)
| ||||||
12 | (225 ILCS 315/25) (from Ch. 111, par. 8125)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
14 | Sec. 25. Order or certified copy; prima facie proof. An | ||||||
15 | order or a
certified copy thereof, over the seal of the | ||||||
16 | Department and purporting to be
signed by the Secretary | ||||||
17 | Director , shall be prima facie proof that:
| ||||||
18 | (a) the signature is the genuine signature of the | ||||||
19 | Secretary
Director ;
| ||||||
20 | (b) the Secretary Director is duly appointed and | ||||||
21 | qualified;
and
| ||||||
22 | (c) the Board and the members thereof are qualified to | ||||||
23 | act.
| ||||||
24 | (Source: P.A. 91-357, eff. 7-29-99.)
|
| |||||||
| |||||||
1 | (225 ILCS 315/28) (from Ch. 111, par. 8128)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
3 | Sec. 28. Summary suspension of a license. The Secretary | ||||||
4 | Director
may
summarily suspend the license of a landscape
| ||||||
5 | architect without a hearing,
simultaneously with the | ||||||
6 | institution of proceedings for a hearing provided
for in | ||||||
7 | Section 24 of this Act, if the Secretary Director finds that | ||||||
8 | evidence in the
possession of the Secretary Director indicates | ||||||
9 | that the
continuation in practice by the landscape architect | ||||||
10 | would
constitute an imminent danger to the public. In the event | ||||||
11 | that the Secretary
Director temporarily suspends the license of | ||||||
12 | an individual
without a
hearing, a hearing must be held within | ||||||
13 | 30 days after such
suspension has occurred.
| ||||||
14 | (Source: P.A. 88-363.)
| ||||||
15 | (225 ILCS 315/31) (from Ch. 111, par. 8131)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
17 | Sec. 31. Administrative Procedure Act. The Illinois | ||||||
18 | Administrative
Procedure Act is hereby expressly adopted and | ||||||
19 | incorporated herein as if all of
the provisions of that Act | ||||||
20 | were included in this Act, except that the provision
of | ||||||
21 | subsection (d) of Section 10-65 of the Illinois Administrative | ||||||
22 | Procedure Act
that provides that at hearings the licensee has | ||||||
23 | the right to show compliance
with all lawful requirements for | ||||||
24 | retention, continuation or renewal of the
license is | ||||||
25 | specifically excluded. For the purposes of this Act the notice
|
| |||||||
| |||||||
1 | required under Section 10-25 of the Illinois Administrative | ||||||
2 | Procedure Act is
deemed sufficient when mailed to the last | ||||||
3 | known address of record of a party.
| ||||||
4 | (Source: P.A. 88-45.)
| ||||||
5 | (225 ILCS 315/4.5 rep.)
| ||||||
6 | Section 15. The Illinois Landscape Architecture Act of 1989 | ||||||
7 | is amended by repealing Section 4.5.
| ||||||
8 | Section 20. The Auction License Act is amended by changing | ||||||
9 | Sections 5-10, 10-1, 10-20, 10-27, 10-30, 10-35, 10-40, 10-45, | ||||||
10 | 10-50, 15-5, 15-10, 20-5, 20-15, 20-40, 20-50, 20-55, 20-80, | ||||||
11 | and 30-30 and by adding Sections 10-15a, 20-43, 20-56, 30-7 and | ||||||
12 | 30-13 as follows:
| ||||||
13 | (225 ILCS 407/5-10)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
15 | Sec. 5-10. Definitions. As used in this Act:
| ||||||
16 | "Advertisement" means any written, oral, or electronic | ||||||
17 | communication that
contains a promotion, inducement, or offer | ||||||
18 | to conduct an auction or offer to
provide an auction service, | ||||||
19 | including but not limited to brochures, pamphlets,
radio and | ||||||
20 | television scripts, telephone and direct mail solicitations,
| ||||||
21 | electronic media, and other means of promotion.
| ||||||
22 | "Advisory Board" or "Board" means the Auctioneer Advisory | ||||||
23 | Board.
|
| |||||||
| |||||||
1 | "Associate auctioneer" means a person who conducts an | ||||||
2 | auction, but who is
under the direct supervision of, and is | ||||||
3 | sponsored by, a licensed auctioneer
or auction firm.
| ||||||
4 | "Auction" means the sale or lease of property, real or | ||||||
5 | personal, by means
of exchanges between an auctioneer or | ||||||
6 | associate auctioneer and prospective
purchasers or lessees, | ||||||
7 | which consists of a series of invitations for offers
made by | ||||||
8 | the auctioneer or associate auctioneer and offers by | ||||||
9 | prospective
purchasers or lessees for the purpose of obtaining | ||||||
10 | an acceptable offer for
the sale or lease of the property, | ||||||
11 | including the sale or lease of property
via mail, | ||||||
12 | telecommunications, or the Internet.
| ||||||
13 | "Auction contract" means a written agreement between an | ||||||
14 | auctioneer ,
associate auctioneer, or auction firm and a seller | ||||||
15 | or sellers.
| ||||||
16 | "Auction firm" means any corporation, partnership, or | ||||||
17 | limited liability
company that acts as an auctioneer and | ||||||
18 | provides an auction service.
| ||||||
19 | "Auction school" means any educational institution, public | ||||||
20 | or private,
which offers a curriculum of auctioneer education | ||||||
21 | and training approved
by the Department.
| ||||||
22 | "Auction service" means the service of arranging, | ||||||
23 | managing, advertising,
or conducting auctions.
| ||||||
24 | "Auctioneer" means a person or entity who, for another, for | ||||||
25 | a fee,
compensation, commission, or any other valuable | ||||||
26 | consideration at auction or
with the intention or expectation |
| |||||||
| |||||||
1 | of receiving valuable consideration by the
means of or process | ||||||
2 | of an auction or sale at auction or providing an auction
| ||||||
3 | service, offers, negotiates, or attempts to negotiate an | ||||||
4 | auction contract,
sale, purchase, or exchange of goods, | ||||||
5 | chattels, merchandise, personal property,
real property, or | ||||||
6 | any commodity that may be lawfully kept or offered for sale
by | ||||||
7 | or at auction.
| ||||||
8 | "Address of Record" means the designated address recorded | ||||||
9 | by the Department in the applicant's or licensee's application | ||||||
10 | file or license file maintained by the Department. It is the | ||||||
11 | duty of the applicant or licensee to inform the Department of | ||||||
12 | any change of address, and such changes must be made either | ||||||
13 | through the Department's website or by directly contacting the | ||||||
14 | Department. | ||||||
15 | "Buyer premium" means any fee or compensation paid by the | ||||||
16 | successful purchaser of property sold or leased at or by | ||||||
17 | auction, to the auctioneer, auction firms, seller, lessor, or | ||||||
18 | other party to the transaction, other than the purchase price. | ||||||
19 | "Department" means the Department of Financial and | ||||||
20 | Professional Regulation.
| ||||||
21 | "Goods" means chattels, movable goods, merchandise, or | ||||||
22 | personal property or
commodities of any form or type that may | ||||||
23 | be lawfully kept or offered for sale.
| ||||||
24 | "Licensee" means any person licensed under this Act.
| ||||||
25 | "Managing auctioneer" means any person licensed as an | ||||||
26 | auctioneer who manages
and supervises licensees sponsored by an |
| |||||||
| |||||||
1 | auction firm or auctioneer.
| ||||||
2 | "Person" means an individual, association, partnership, | ||||||
3 | corporation, or
limited liability company or the officers, | ||||||
4 | directors, or employees of the same.
| ||||||
5 | "Pre-renewal period" means the 24 months prior to the | ||||||
6 | expiration date of a
license issued under this Act.
| ||||||
7 | "Secretary" means the Secretary of the Department of | ||||||
8 | Financial and Professional Regulation or his or her designee.
| ||||||
9 | "Sponsoring auctioneer" means the auctioneer or auction | ||||||
10 | firm who has issued a
sponsor card to a licensed associate | ||||||
11 | auctioneer or auctioneer.
| ||||||
12 | "Sponsor card" means the temporary permit issued by the
| ||||||
13 | sponsoring auctioneer certifying that the licensee named | ||||||
14 | thereon is employed
by or associated with the sponsoring | ||||||
15 | auctioneer and the sponsoring auctioneer
shall be responsible | ||||||
16 | for the actions of the sponsored licensee.
| ||||||
17 | (Source: P.A. 95-572, eff. 6-1-08 .)
| ||||||
18 | (225 ILCS 407/10-1)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
20 | Sec. 10-1. Necessity of license; exemptions.
| ||||||
21 | (a) It is unlawful for any
person, corporation,
limited | ||||||
22 | liability company, partnership, or other entity to conduct an | ||||||
23 | auction,
provide an auction
service, hold himself or herself | ||||||
24 | out as an auctioneer, or advertise his or her
services as an | ||||||
25 | auctioneer
in the State of Illinois without a license issued by |
| |||||||
| |||||||
1 | the Department under this Act,
except at:
| ||||||
2 | (1) an auction conducted solely by or for a | ||||||
3 | not-for-profit organization
for
charitable
purposes in | ||||||
4 | which the individual receives no compensation ;
| ||||||
5 | (2) an auction conducted by the owner of the property, | ||||||
6 | real or personal;
| ||||||
7 | (3) an auction for the sale or lease of real property | ||||||
8 | conducted by a
licensee
under the
Real Estate License Act, | ||||||
9 | or its successor Acts, in accordance with the terms of
that | ||||||
10 | Act;
| ||||||
11 | (4) an auction conducted by a business registered as a | ||||||
12 | market
agency under the federal Packers and Stockyards Act | ||||||
13 | (7 U.S.C. 181 et seq.) or
under the Livestock Auction | ||||||
14 | Market Law;
| ||||||
15 | (5) an auction conducted by an agent, officer, or | ||||||
16 | employee of a federal
agency in the conduct of his or her | ||||||
17 | official duties; and
| ||||||
18 | (6) an auction conducted by an agent, officer, or | ||||||
19 | employee of the State
government or any political | ||||||
20 | subdivision thereof performing his or her official
duties.
| ||||||
21 | (b) Nothing in this Act shall be construed to apply to a | ||||||
22 | new or used
vehicle dealer
or a vehicle auctioneer licensed by | ||||||
23 | the Secretary of State of Illinois, or
to any employee of the
| ||||||
24 | licensee, who is a resident of the State of Illinois,
while the | ||||||
25 | employee is acting in the regular scope of his or her | ||||||
26 | employment for
the licensee
while conducting an auction that is |
| |||||||
| |||||||
1 | not open to the public, provided that
only new or used vehicle | ||||||
2 | dealers,
rebuilders, automotive parts recyclers, or scrap | ||||||
3 | processors licensed by the Secretary of State or licensed by
| ||||||
4 | another state or jurisdiction may buy property at the auction, | ||||||
5 | or to sales by or
through the licensee. Out-of-state salvage | ||||||
6 | vehicle buyers licensed in another state or jurisdiction may | ||||||
7 | also buy property at the auction.
| ||||||
8 | (c) Nothing in this Act shall be construed to prohibit a | ||||||
9 | person under the
age of 18 from selling property under $250 in | ||||||
10 | value while under the direct
supervision of a licensed | ||||||
11 | auctioneer.
| ||||||
12 | (d) Nothing in this Act, except Section 10-27, shall be | ||||||
13 | construed to
apply to a person while providing an Internet | ||||||
14 | auction listing service as
defined
in Section 10-27.
| ||||||
15 | (Source: P.A. 95-572, eff. 6-1-08; 95-783, eff. 1-1-09.)
| ||||||
16 | (225 ILCS 407/10-15a new)
| ||||||
17 | Sec. 10-15a. Associate auctioneer license; discontinuance. | ||||||
18 | (a) Upon the effective date of this amendatory Act of the | ||||||
19 | 96th General Assembly, the Department shall no longer issue or | ||||||
20 | renew any associate auctioneer license. | ||||||
21 | (b) Any person who holds a valid license as an associate | ||||||
22 | auctioneer on the effective date of this amendatory Act of the | ||||||
23 | 96th General Assembly shall be issued an auctioneer license | ||||||
24 | without having to apply to the Department or pay any fee. Such | ||||||
25 | licensee's previous record as an associate auctioneer, |
| |||||||
| |||||||
1 | including any past discipline imposed on him or her, shall | ||||||
2 | become part of his or her auctioneer license record. The | ||||||
3 | expiration date of such licensee's auctioneer license shall be | ||||||
4 | the same as the expiration date of his or her associate | ||||||
5 | auctioneer license. | ||||||
6 | (c) Upon receipt of an auctioneer license issued by the | ||||||
7 | Department pursuant to this Section, a licensee's associate | ||||||
8 | auctioneer license shall no longer be valid.
| ||||||
9 | (225 ILCS 407/10-20)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
11 | Sec. 10-20. Requirements for auction firm license; | ||||||
12 | application. Any
corporation, limited
liability company, or | ||||||
13 | partnership who desires to obtain an auction firm license
| ||||||
14 | shall:
| ||||||
15 | (1) apply to the Department on forms provided by the | ||||||
16 | Department accompanied by the required
fee;
and
| ||||||
17 | (2) provide evidence to the Department that the auction | ||||||
18 | firm has a properly licensed
managing
auctioneer ; and .
| ||||||
19 | (3) any requirement as defined by rule. | ||||||
20 | (Source: P.A. 95-572, eff. 6-1-08 .)
| ||||||
21 | (225 ILCS 407/10-27)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
23 | Sec. 10-27. Registration of Internet Auction Listing | ||||||
24 | Service.
|
| |||||||
| |||||||
1 | (a) For the purposes of this Section:
| ||||||
2 | (1) "Internet Auction Listing Service" means a website | ||||||
3 | on the Internet, or
other interactive computer service that | ||||||
4 | is designed to allow or advertised as a
means of allowing | ||||||
5 | users to offer personal property or services for sale or
| ||||||
6 | lease to a prospective buyer or lessee through an on-line | ||||||
7 | bid submission
process using that website or interactive | ||||||
8 | computer service and that does not
examine, set the price, | ||||||
9 | or prepare the description of the personal property or
| ||||||
10 | service to be offered, or in any way utilize the services | ||||||
11 | of a natural person
as an auctioneer.
| ||||||
12 | (2) "Interactive computer service" means any | ||||||
13 | information service, system,
or access software provider | ||||||
14 | that provides or enables computer access by
multiple users | ||||||
15 | to a computer server, including specifically a service or | ||||||
16 | system
that provides access to the Internet.
| ||||||
17 | (b) It is unlawful for any person, corporation, limited | ||||||
18 | liability company,
partnership, or other entity to provide an | ||||||
19 | Internet auction listing service in
the State of Illinois for | ||||||
20 | compensation without being registered with the Department | ||||||
21 | when:
| ||||||
22 | (1) the person, corporation, limited liability | ||||||
23 | company, partnership, or
other entity providing the | ||||||
24 | Internet auction listing service is located in the
State of | ||||||
25 | Illinois;
| ||||||
26 | (2) the prospective seller or seller, prospective |
| |||||||
| |||||||
1 | lessor or lessor, or
prospective purchaser or purchaser is | ||||||
2 | located in the State of Illinois and is
required to agree | ||||||
3 | to terms with the person, corporation, limited liability
| ||||||
4 | company, partnership, or other entity providing the | ||||||
5 | Internet auction listing
service, no matter where that | ||||||
6 | person, corporation, limited liability
company, | ||||||
7 | partnership, or other entity is located; or
| ||||||
8 | (3) the personal property or services offered for sale | ||||||
9 | or lease are
located or will be provided in the State of | ||||||
10 | Illinois.
| ||||||
11 | (c) Any person, corporation, limited liability company, | ||||||
12 | partnership, or
other entity that provides an Internet auction | ||||||
13 | listing service in the State of
Illinois for compensation under | ||||||
14 | any of the circumstances listed in subsection
(b) shall | ||||||
15 | register with the Department on forms provided by the | ||||||
16 | Department accompanied by the
required fee as provided by rule. | ||||||
17 | Such registration shall include
information as required by the | ||||||
18 | Department and established by rule as the Department deems | ||||||
19 | necessary
to enable users of the Internet auction listing | ||||||
20 | service in Illinois to identify
the entity providing the | ||||||
21 | service and to seek redress or further information
from such | ||||||
22 | entity. The fee shall be sufficient to cover the reasonable | ||||||
23 | costs of the Department in administering and enforcing the | ||||||
24 | provisions of this Section. The
registrant shall be required to | ||||||
25 | certify:
| ||||||
26 | (1) that the registrant does not act as the agent of |
| |||||||
| |||||||
1 | users who sell items
on its website, and acts only as a | ||||||
2 | venue for user transactions;
| ||||||
3 | (2) that the registrant requires sellers and bidders to | ||||||
4 | register with the
website and provide their name, address, | ||||||
5 | telephone number and e-mail address;
| ||||||
6 | (3) that the registrant retains such information for a | ||||||
7 | period of at least
2 years;
| ||||||
8 | (4) that the registrant retains transactional | ||||||
9 | information consisting of at
least seller identification, | ||||||
10 | high bidder identification, and item sold for at
least 2 | ||||||
11 | years from the close of a transaction, and has a mechanism | ||||||
12 | to identify
all transactions involving a particular seller | ||||||
13 | or buyer;
| ||||||
14 | (5) that the registrant has a mechanism to receive | ||||||
15 | complaints or inquiries
from users;
| ||||||
16 | (6) that the registrant adopts and reasonably | ||||||
17 | implements a policy of
suspending, in appropriate | ||||||
18 | circumstances, the accounts of users who, based on
the | ||||||
19 | registrant's investigation, are proven to have engaged in a | ||||||
20 | pattern of
activity that appears to be deliberately | ||||||
21 | designed to defraud
consumers on the registrant's website; | ||||||
22 | and
| ||||||
23 | (7) that the registrant will comply with the Department | ||||||
24 | and law enforcement requests
for stored data in its | ||||||
25 | possession, subject to the requirements of applicable
law.
| ||||||
26 | (d) The Department may refuse to accept a registration |
| |||||||
| |||||||
1 | which is incomplete or not
accompanied by the required fee. The | ||||||
2 | Department may impose a civil penalty not to exceed
$10,000 | ||||||
3 | upon any Internet auction listing service that intentionally | ||||||
4 | fails to
register as required by this Section, and may impose | ||||||
5 | such penalty or
revoke, suspend, or place on probation or | ||||||
6 | administrative supervision
the registration of any Internet | ||||||
7 | auction listing service that:
| ||||||
8 | (1) intentionally makes a false or fraudulent material
| ||||||
9 | representation or material misstatement or | ||||||
10 | misrepresentation to the Department in
connection with its | ||||||
11 | registration, including in the certification required | ||||||
12 | under
subsection (c);
| ||||||
13 | (2) is convicted of any crime, an essential element of | ||||||
14 | which is
dishonesty, fraud, larceny, embezzlement, or | ||||||
15 | obtaining money, property,
or credit by false pretenses or | ||||||
16 | by means of a confidence game; or is convicted
in this or | ||||||
17 | another state of a crime that is a felony under the laws of | ||||||
18 | this
State; or is convicted of a felony in a federal court;
| ||||||
19 | (3) is adjudged to be a person under legal disability | ||||||
20 | or subject to
involuntary admission or to meet the standard | ||||||
21 | for judicial admission as
provided in the Mental Health and | ||||||
22 | Developmental Disabilities Code;
| ||||||
23 | (4) has been subject to discipline by another state, | ||||||
24 | the District of
Columbia, a territory of the United States, | ||||||
25 | a foreign nation, a governmental
agency, or any other | ||||||
26 | entity authorized to impose discipline if at least one of
|
| |||||||
| |||||||
1 | the grounds for that discipline is the same as or | ||||||
2 | equivalent to one of the
grounds for discipline set forth | ||||||
3 | in this Section or for failing to report to the Department, | ||||||
4 | within 30 days, any adverse final action taken against the
| ||||||
5 | registrant by any other licensing or registering | ||||||
6 | jurisdiction, government
agency, law enforcement agency, | ||||||
7 | or court, or liability for conduct that would
constitute | ||||||
8 | grounds for action as set forth in this Section;
| ||||||
9 | (5) fails to make available to the Department
personnel | ||||||
10 | during normal business hours
all records and related | ||||||
11 | documents maintained in connection with the activities
| ||||||
12 | subject to registration under this Section;
| ||||||
13 | (6) makes or files false records or reports in | ||||||
14 | connection with activities
subject to registration, | ||||||
15 | including but not limited to false records or reports
filed | ||||||
16 | with State agencies;
| ||||||
17 | (7) fails to provide information within 30 days in | ||||||
18 | response to a written
request made by the Department
to a | ||||||
19 | person designated in the registration for receipt
of such | ||||||
20 | requests; or
| ||||||
21 | (8) fails to perform any act or procedure described in | ||||||
22 | subsection (c) of
this Section.
| ||||||
23 | (e) Registrations issued pursuant to this Section shall be | ||||||
24 | defined by rule expire on
September 30 of odd-numbered years . A | ||||||
25 | registrant shall submit a renewal
application to the Department | ||||||
26 | on forms provided by the Department along with the required fee |
| |||||||
| |||||||
1 | as
established by rule.
| ||||||
2 | (f) Operating an Internet auction listing service under any | ||||||
3 | of the
circumstances listed in subsection (b) without being | ||||||
4 | currently registered under
this Section is declared to be | ||||||
5 | adverse to the public welfare, to constitute a
public nuisance, | ||||||
6 | and to cause irreparable harm to the public welfare. The | ||||||
7 | Secretary, the Attorney General of the State of Illinois, the
| ||||||
8 | State's Attorney of any county in the State, or any other | ||||||
9 | person may maintain
an action and apply for injunctive relief | ||||||
10 | in any circuit court to enjoin the
person or entity from | ||||||
11 | engaging in such practice.
| ||||||
12 | (g) The provisions of Sections 20-25, 20-30, 20-35, 20-40, | ||||||
13 | 20-45, 20-50,
20-55, 20-60 and 20-75 of this Act shall apply to | ||||||
14 | any actions of the Department
exercising its
authority under | ||||||
15 | subsection (d) as if a person required to register under this
| ||||||
16 | Section were a person holding or claiming to hold a license | ||||||
17 | under this Act.
| ||||||
18 | (h) The Department shall have the authority to adopt such | ||||||
19 | rules as may be necessary to
implement or interpret the | ||||||
20 | provisions of this Section.
| ||||||
21 | (Source: P.A. 95-572, eff. 6-1-08 .)
| ||||||
22 | (225 ILCS 407/10-30)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
24 | Sec. 10-30. Expiration, renewal, and continuing education.
| ||||||
25 | (a) License expiration dates, renewal periods, renewal |
| |||||||
| |||||||
1 | fees, and procedures for renewal of licenses issued under this | ||||||
2 | Act shall be set by rule of the Department. An entity may renew | ||||||
3 | its license by paying the required fee and by meeting the | ||||||
4 | renewal requirements adopted by the Department under this | ||||||
5 | Section.
| ||||||
6 | (b) All renewal applicants must provide proof as determined | ||||||
7 | by the Department of having met the continuing education | ||||||
8 | requirements set forth by the Department by rule. At a minimum, | ||||||
9 | the rules shall require an applicant for renewal licensure as | ||||||
10 | an auctioneer or associate auctioneer to provide proof of the | ||||||
11 | completion of at least 12 hours of continuing education during | ||||||
12 | the pre-renewal period preceding the expiration date of the | ||||||
13 | license from schools approved by the Department, as established | ||||||
14 | by rule.
| ||||||
15 | (c) The Department, in its discretion, may waive | ||||||
16 | enforcement of the continuing education requirements of this | ||||||
17 | Section and shall adopt rules defining the standards and | ||||||
18 | criteria for such waiver.
| ||||||
19 | (d) (Blank).
| ||||||
20 | (Source: P.A. 95-572, eff. 6-1-08 .)
| ||||||
21 | (225 ILCS 407/10-35)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
23 | Sec. 10-35. Completed 45-day permit sponsor card; | ||||||
24 | termination by
sponsoring
auctioneer;
inoperative status. | ||||||
25 | (a) No auctioneer or associate auctioneer shall conduct an |
| |||||||
| |||||||
1 | auction or
provide
an auction
service without being properly | ||||||
2 | sponsored by a licensed auctioneer or auction
firm.
| ||||||
3 | (b) The sponsoring auctioneer or sponsoring auction firm | ||||||
4 | shall prepare upon
forms provided
by the Department and deliver | ||||||
5 | to each auctioneer or associate auctioneer employed by
or | ||||||
6 | associated with
the sponsoring auctioneer or sponsoring | ||||||
7 | auction firm a properly completed
duplicate 45-day permit
| ||||||
8 | sponsor card certifying that the person whose name appears | ||||||
9 | thereon is in fact
employed by or
associated with said | ||||||
10 | sponsoring auctioneer or sponsoring auction firm. The
| ||||||
11 | sponsoring auctioneer
or sponsoring auction firm shall send the | ||||||
12 | original 45-day permit sponsor card,
along with a valid
| ||||||
13 | terminated license or other authorization as provided by rule | ||||||
14 | and the
appropriate fee, to the Department
within 24 hours | ||||||
15 | after the issuance of the sponsor card. It is a violation of
| ||||||
16 | this Act for any sponsoring
auctioneer or sponsoring auction | ||||||
17 | firm to issue a sponsor card to any
auctioneer , associate | ||||||
18 | auctioneer,
or applicant, unless the auctioneer , associate | ||||||
19 | auctioneer, or applicant
presents in hand a valid
terminated | ||||||
20 | license or other authorization, as provided by rule.
| ||||||
21 | (c) An auctioneer may be self-sponsored or may be sponsored | ||||||
22 | by another
licensed auctioneer
or auction firm.
| ||||||
23 | (d) (Blank). An associate auctioneer must be sponsored by a | ||||||
24 | licensed auctioneer or
auction firm.
| ||||||
25 | (e) When an auctioneer or associate auctioneer terminates | ||||||
26 | his or her
employment
or
association with a sponsoring |
| |||||||
| |||||||
1 | auctioneer or sponsoring auction firm or the
employment or
| ||||||
2 | association is terminated by the sponsoring auctioneer or | ||||||
3 | sponsoring auction
firm, the terminated
licensee shall obtain | ||||||
4 | from that sponsoring auctioneer or sponsoring auction
firm his | ||||||
5 | or her license
endorsed by the sponsoring auctioneer or | ||||||
6 | sponsoring auction firm indicating the
termination. The
| ||||||
7 | terminating sponsoring auctioneer or sponsoring auction firm | ||||||
8 | shall send a copy
of the terminated
license within 5 days after | ||||||
9 | the termination to the Department or shall notify the | ||||||
10 | Department in writing of the
termination and explain why a copy | ||||||
11 | of the terminated license was not
surrendered.
| ||||||
12 | (f) The license of any auctioneer or associate auctioneer | ||||||
13 | whose association
with a sponsoring
auctioneer or sponsoring | ||||||
14 | auction firm has terminated shall automatically become
| ||||||
15 | inoperative
immediately upon such termination, unless the | ||||||
16 | terminated licensee accepts
employment or becomes
associated | ||||||
17 | with a new sponsoring auctioneer or sponsoring auction firm | ||||||
18 | pursuant
to subsection (g)
of this Section. An inoperative | ||||||
19 | licensee under this Act shall not conduct an
auction or provide
| ||||||
20 | auction services while the license is in inoperative status.
| ||||||
21 | (g) When a terminated or inoperative auctioneer or | ||||||
22 | associate auctioneer
accepts employment
or becomes associated | ||||||
23 | with a new sponsoring auctioneer or sponsoring auction
firm, | ||||||
24 | the new
sponsoring auctioneer or sponsoring auction firm shall | ||||||
25 | send to the Department a
properly completed 45-day
permit | ||||||
26 | sponsor card, the terminated license, and the appropriate fee.
|
| |||||||
| |||||||
1 | (Source: P.A. 95-572, eff. 6-1-08 .)
| ||||||
2 | (225 ILCS 407/10-40)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2010) | ||||||
4 | Sec. 10-40. Restoration.
| ||||||
5 | (a) A licensee whose license has lapsed or expired shall | ||||||
6 | have 2 years from
the
expiration date
to restore his or her | ||||||
7 | license without examination. The expired licensee shall
make | ||||||
8 | application to the Department on forms provided by the | ||||||
9 | Department, including a properly completed 45-day
permit | ||||||
10 | sponsor card,
provide evidence of successful completion of 12 | ||||||
11 | hours of approved continuing
education during the
period of | ||||||
12 | time the license had lapsed, and pay all lapsed fees and | ||||||
13 | penalties as
established by
administrative rule.
| ||||||
14 | (b) Notwithstanding any other provisions of this Act to the | ||||||
15 | contrary, any
licensee whose
license under this Act has expired | ||||||
16 | is eligible to restore such license without
paying any lapsed | ||||||
17 | fees
and penalties provided that the license expired while the | ||||||
18 | licensee was:
| ||||||
19 | (1) on active duty with the United States Army, United | ||||||
20 | States Marine Corps,
United
States Navy, United States Air | ||||||
21 | Force, United States Coast Guard, the State
Militia called | ||||||
22 | into service
or training;
| ||||||
23 | (2) engaged in training or education under the | ||||||
24 | supervision of the United
States
prior
to induction into | ||||||
25 | military service; or
|
| |||||||
| |||||||
1 | (3) serving as an employee of the Department, while the | ||||||
2 | employee was required to
surrender his or her license due | ||||||
3 | to a possible conflict of interest.
| ||||||
4 | A licensee shall be eligible to restore a license under the | ||||||
5 | provisions of
this subsection for a
period of 2 years following | ||||||
6 | the termination of the service, education, or
training by | ||||||
7 | providing a
properly completed application and 45-day permit | ||||||
8 | sponsor card, provided that
the termination was
by other than | ||||||
9 | dishonorable discharge and provided that the licensee | ||||||
10 | furnishes
the Department with an
affidavit specifying that the | ||||||
11 | licensee has been so engaged.
| ||||||
12 | (c) At any time after the suspension, revocation, placement | ||||||
13 | on probationary
status, or other
disciplinary action taken | ||||||
14 | under this Act with reference to any license, the Department | ||||||
15 | may restore the
license to the licensee without examination | ||||||
16 | upon the order of the Secretary,
if the licensee
submits a | ||||||
17 | properly completed application and 45-day permit sponsor card, | ||||||
18 | pays
appropriate fees, and
otherwise complies with the | ||||||
19 | conditions of the order.
| ||||||
20 | (Source: P.A. 95-331, eff. 8-21-07; 95-572, eff. 6-1-08 .)
| ||||||
21 | (225 ILCS 407/10-45)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
23 | Sec. 10-45. Nonresident auctioneer reciprocity.
| ||||||
24 | (a) A person holding a license to engage in auctions issued | ||||||
25 | to him or her by
the proper
authority of a state, territory, or |
| |||||||
| |||||||
1 | possession of the United States of America
or the District of
| ||||||
2 | Columbia that has licensing requirements equal to or | ||||||
3 | substantially equivalent
to the requirements
of this State and | ||||||
4 | that otherwise meets the requirements of this Act may obtain
a | ||||||
5 | license under this
Act without examination, provided:
| ||||||
6 | (1) that the Department has entered into a valid | ||||||
7 | reciprocal agreement with the
proper
authority of the | ||||||
8 | state, territory, or possession of the United States of
| ||||||
9 | America or the District of
Columbia from which the | ||||||
10 | nonresident applicant has a valid license;
| ||||||
11 | (2) that the applicant provides the Department
with a | ||||||
12 | certificate of good
standing
from the
applicant's resident | ||||||
13 | state of licensure ;
| ||||||
14 | (3) that the applicant completes and submits an | ||||||
15 | application as provided by
the Department;
and
| ||||||
16 | (4) that the applicant pays all applicable fees | ||||||
17 | required under this Act.
| ||||||
18 | (b) A nonresident applicant shall file an irrevocable | ||||||
19 | consent with the Department
that actions may
be commenced | ||||||
20 | against the applicant or nonresident licensee in a court of
| ||||||
21 | competent jurisdiction in
this State by the service of summons, | ||||||
22 | process, or other pleading authorized by
the law upon the | ||||||
23 | Secretary. The consent shall stipulate and agree that service | ||||||
24 | of the
process, summons, or
pleading upon the Secretary shall | ||||||
25 | be taken and held in all courts to be
valid and binding as if
| ||||||
26 | actual service had been made upon the applicant in Illinois. If |
| |||||||
| |||||||
1 | a summons,
process, or other pleading
is served upon the | ||||||
2 | Secretary, it shall be by duplicate copies, one of which
shall | ||||||
3 | be retained by
the Department and the other immediately | ||||||
4 | forwarded by certified or registered mail to
the last known
| ||||||
5 | business address of the applicant or nonresident licensee | ||||||
6 | against whom the
summons, process, or other
pleading may be | ||||||
7 | directed.
| ||||||
8 | (Source: P.A. 95-572, eff. 6-1-08 .)
| ||||||
9 | (225 ILCS 407/10-50)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
11 | Sec. 10-50. Fees ; disposition of funds . Fees shall be | ||||||
12 | determined by rule and shall be non-refundable.
| ||||||
13 | (a) The Department shall establish by rule a schedule of | ||||||
14 | fees for the administration and maintenance of this Act. Such | ||||||
15 | fees shall be nonrefundable. | ||||||
16 | (b) All fees collected under this Act shall be deposited | ||||||
17 | into the General Professions Dedicated Fund and appropriated to | ||||||
18 | the Department for the ordinary and contingent expenses of the | ||||||
19 | Department in the administration of this Act. The Department | ||||||
20 | shall provide by administrative
rule for fees to be
collected | ||||||
21 | from licensees and applicants to cover the statutory | ||||||
22 | requirements for
funding the
Auctioneer Recovery Fund. The | ||||||
23 | Department may also provide by administrative rule for
general | ||||||
24 | fees to
cover the reasonable expenses of carrying out other | ||||||
25 | functions and
responsibilities under this Act.
|
| |||||||
| |||||||
1 | (Source: P.A. 95-572, eff. 6-1-08 .)
| ||||||
2 | (225 ILCS 407/15-5)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
4 | Sec. 15-5. Representations. An auctioneer , associate | ||||||
5 | auctioneer, or
auction firm , or
the sponsored licensees, | ||||||
6 | agents, or employees of an auctioneer or auction firm,
| ||||||
7 | conducting an auction
or providing an auction service shall | ||||||
8 | not:
| ||||||
9 | (1) misrepresent a fact material to a purchaser's | ||||||
10 | decision to buy at or by
auction;
| ||||||
11 | (2) predict specific or immediate increases in the | ||||||
12 | value of any item
offered
for sale
at auction; or
| ||||||
13 | (3) materially misrepresent the qualities or | ||||||
14 | characteristics of any item
offered for sale
at auction.
| ||||||
15 | (Source: P.A. 91-603, eff. 1-1-00.)
| ||||||
16 | (225 ILCS 407/15-10)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
18 | Sec. 15-10. Auction contract. Any auctioneer , associate | ||||||
19 | auctioneer, or
auction firm shall
not conduct an auction or | ||||||
20 | provide an auction service, unless the auctioneer ,
associate | ||||||
21 | auctioneer, or
auction firm enters into a written or oral | ||||||
22 | auction contract with the seller of
any
property at auction | ||||||
23 | prior to
the date of the auction. Any agreement shall state | ||||||
24 | whether the auction is with reserve or absolute. The agreement |
| |||||||
| |||||||
1 | shall be signed by the auctioneer ,
associate auctioneer, or
| ||||||
2 | auction firm conducting an auction or providing an auction | ||||||
3 | service and the
seller or sellers, or the
legal agent of the | ||||||
4 | seller or sellers of the property to be offered at or by
| ||||||
5 | auction, and shall include, but
not be limited to the following | ||||||
6 | disclosures:
| ||||||
7 | (1) Licensees shall disclose:
| ||||||
8 | (A) the name, license number, business address, | ||||||
9 | and phone number of the
auctioneer , associate | ||||||
10 | auctioneer, or auction firm conducting an auction or
| ||||||
11 | providing an auction
service;
| ||||||
12 | (B) the fee to be paid to the auctioneer , associate | ||||||
13 | auctioneer, or
auction
firm
for conducting an auction | ||||||
14 | or providing an auction service; and
| ||||||
15 | (C) an estimate of the advertising costs that shall | ||||||
16 | be paid by the
seller or
sellers of property at auction | ||||||
17 | and a disclosure that, if the actual advertising
costs | ||||||
18 | exceeds 120% of
the estimated advertising cost, the | ||||||
19 | auctioneer , associate auctioneer, or
auction firm | ||||||
20 | shall pay the
advertising costs that exceed 120% of the | ||||||
21 | estimated advertising costs or shall
have the seller or
| ||||||
22 | sellers agree in writing to pay for the actual | ||||||
23 | advertising costs in excess of
120% of the estimated
| ||||||
24 | advertising costs.
| ||||||
25 | (D) the buyer premium and the party to the | ||||||
26 | transaction that receives it.
|
| |||||||
| |||||||
1 | (2) Sellers shall disclose:
| ||||||
2 | (A) the name, address, and phone number of the | ||||||
3 | seller or sellers or the
legal
agent of the seller or | ||||||
4 | sellers of property to be sold at auction; and
| ||||||
5 | (B) any mortgage, lien, easement, or encumbrance | ||||||
6 | of which the seller has knowledge
on any property or | ||||||
7 | goods to be sold or leased at or by auction.
| ||||||
8 | (Source: P.A. 91-603, eff. 1-1-00.)
| ||||||
9 | (225 ILCS 407/20-5)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
11 | Sec. 20-5. Unlicensed practice; civil penalty.
| ||||||
12 | (a) Any person who practices, offers to practice, attempts | ||||||
13 | to practice, or
holds oneself out to
practice as an auctioneer, | ||||||
14 | an associate auctioneer, an auction firm, or any
other licensee | ||||||
15 | under this
Act without being licensed under this Act shall, in | ||||||
16 | addition to any other
penalty provided by law,
pay a civil | ||||||
17 | penalty to the Department in an amount not to exceed $10,000 | ||||||
18 | for each offense as
determined by the Department. The civil | ||||||
19 | penalty fine shall be assessed by the Department
after a | ||||||
20 | hearing is held in
accordance with the
provisions set forth in | ||||||
21 | this Act regarding a hearing for the discipline of a
license.
| ||||||
22 | (b) The Department has the authority and power to | ||||||
23 | investigate any and all
unlicensed
activity
pursuant to this | ||||||
24 | Act.
| ||||||
25 | (c) The civil penalty shall be paid within 60 days after |
| |||||||
| |||||||
1 | the effective date of
the
order imposing
the civil penalty. The | ||||||
2 | order shall constitute a judgment
and may be filed and
| ||||||
3 | execution had thereon
in the same manner from any court of | ||||||
4 | record.
| ||||||
5 | (d) Conducting an auction or providing an auction service | ||||||
6 | in Illinois
without
holding a valid
and current license under | ||||||
7 | this Act is declared to be adverse to the public
welfare, to | ||||||
8 | constitute a
public nuisance, and to cause irreparable harm to | ||||||
9 | the public welfare. The Secretary, the
Attorney General, the | ||||||
10 | State's Attorney of any county in the State, or any other
| ||||||
11 | person may maintain
an action in the name of the People of the | ||||||
12 | State of Illinois and may apply for
injunctive relief in any
| ||||||
13 | circuit court to enjoin the person or entity from engaging in | ||||||
14 | such practice.
| ||||||
15 | Upon the filing of a verified petition in a circuit court, | ||||||
16 | the court, if
satisfied by affidavit or
otherwise that the | ||||||
17 | person or entity has been engaged in the practice of
auctioning | ||||||
18 | without a valid and
current license, may enter a temporary | ||||||
19 | restraining order without notice or bond
enjoining the
| ||||||
20 | defendant from further practice. Only the showing of | ||||||
21 | non-licensure, by
affidavit or otherwise, is
necessary in order | ||||||
22 | for a temporary injunction to be issued. A copy of the
verified | ||||||
23 | complaint shall
be served upon the defendant and the | ||||||
24 | proceedings shall thereafter be conducted
as in other civil | ||||||
25 | cases
except as modified by this Section. If it is established | ||||||
26 | that the defendant
has been or is engaged in
unlawful practice, |
| |||||||
| |||||||
1 | the court may enter an order or judgment perpetually
enjoining | ||||||
2 | the defendant from
further practice. In all proceedings | ||||||
3 | hereunder, the court, in its discretion,
may apportion the | ||||||
4 | costs
among the parties interested in the action, including | ||||||
5 | cost of filing the
complaint, service of process,
witness fees | ||||||
6 | and expenses, court reporter charges, and reasonable | ||||||
7 | attorneys'
fees. In case of violation
of any injunctive order | ||||||
8 | entered under the provisions of this Section, the court
may | ||||||
9 | summarily try and
punish the offender for contempt of court. | ||||||
10 | These injunction proceedings shall
be in addition to, and
not | ||||||
11 | in lieu of, all penalties and other remedies provided in this | ||||||
12 | Act.
| ||||||
13 | (Source: P.A. 95-572, eff. 6-1-08 .)
| ||||||
14 | (225 ILCS 407/20-15)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
16 | Sec. 20-15. Disciplinary actions; grounds. The Department | ||||||
17 | may refuse to issue
or renew a
license, may place on probation | ||||||
18 | or administrative supervision, suspend, or
revoke any license | ||||||
19 | or may
reprimand or take other disciplinary or non-disciplinary | ||||||
20 | action as the Department may deem proper, including the | ||||||
21 | imposition of fines not to exceed $10,000 for each violation | ||||||
22 | upon anyone licensed under this Act for any of the following | ||||||
23 | reasons:
| ||||||
24 | (1) False or fraudulent representation or material | ||||||
25 | misstatement in
furnishing
information to the Department |
| |||||||
| |||||||
1 | in obtaining or seeking to obtain a license.
| ||||||
2 | (2) Violation of any provision of this Act or the rules | ||||||
3 | promulgated
pursuant
to this
Act.
| ||||||
4 | (3) Conviction of or entry of a plea of guilty or nolo | ||||||
5 | contendere to any crime that is a felony under the laws of | ||||||
6 | the United States or any state or territory thereof, or | ||||||
7 | that is a misdemeanor , an essential element of which is | ||||||
8 | dishonesty ,
or
any crime that is directly related to the | ||||||
9 | practice of the profession. fraud, or
larceny, | ||||||
10 | embezzlement, or obtaining money, property, or credit by | ||||||
11 | false
pretenses or by means of
a confidence game, | ||||||
12 | conviction in this or another state of a crime that is a
| ||||||
13 | felony under the laws of
this State, or conviction of a | ||||||
14 | felony in a federal court.
| ||||||
15 | (4) Being adjudged to be a person under legal | ||||||
16 | disability or subject to
involuntary
admission or to meet | ||||||
17 | the standard for judicial admission as provided in the
| ||||||
18 | Mental Health and
Developmental Disabilities Code.
| ||||||
19 | (5) Discipline of a licensee by another state, the | ||||||
20 | District of Columbia, a
territory of
the United States, a | ||||||
21 | foreign nation, a governmental agency, or any other entity
| ||||||
22 | authorized to impose
discipline if at least one of the | ||||||
23 | grounds for that discipline is the same as or
the | ||||||
24 | equivalent to one of
the grounds for discipline set forth | ||||||
25 | in this Act or for failing to report to
the Department, | ||||||
26 | within 30 days,
any adverse final action taken against the |
| |||||||
| |||||||
1 | licensee by any other licensing
jurisdiction,
government | ||||||
2 | agency, law enforcement agency, or court, or liability for | ||||||
3 | conduct
that would constitute
grounds for action as set | ||||||
4 | forth in this Act.
| ||||||
5 | (6) Engaging in the practice of auctioneering, | ||||||
6 | conducting an auction, or
providing an
auction service | ||||||
7 | without a license or after the license was expired, | ||||||
8 | revoked,
suspended, or terminated
or while the license was | ||||||
9 | inoperative.
| ||||||
10 | (7) Attempting to subvert or cheat on the auctioneer | ||||||
11 | exam or any
continuing
education exam, or aiding or | ||||||
12 | abetting another to do the same.
| ||||||
13 | (8) Directly or indirectly giving to or receiving from | ||||||
14 | a person, firm,
corporation,
partnership, or association a | ||||||
15 | fee, commission, rebate, or other form of
compensation for | ||||||
16 | professional
service not actually or personally rendered , | ||||||
17 | except that an auctioneer licensed under this Act may | ||||||
18 | receive a fee from another licensed auctioneer from this | ||||||
19 | State or jurisdiction for the referring of a client or | ||||||
20 | prospect for auction services to the licensed auctioneer .
| ||||||
21 | (9) Making any substantial misrepresentation or | ||||||
22 | untruthful advertising.
| ||||||
23 | (10) Making any false promises of a character likely to | ||||||
24 | influence,
persuade,
or
induce.
| ||||||
25 | (11) Pursuing a continued and flagrant course of | ||||||
26 | misrepresentation or the
making of
false promises through a |
| |||||||
| |||||||
1 | licensee, agent, employee, advertising, or otherwise.
| ||||||
2 | (12) Any misleading or untruthful advertising, or | ||||||
3 | using any trade name or
insignia
of membership in any | ||||||
4 | auctioneer association or organization of which the
| ||||||
5 | licensee is not a member.
| ||||||
6 | (13) Commingling funds of others with his or her own | ||||||
7 | funds or failing to
keep
the
funds of others in an escrow | ||||||
8 | or trustee account.
| ||||||
9 | (14) Failure to account for, remit, or return any | ||||||
10 | moneys, property, or
documents
coming into his or her | ||||||
11 | possession that belong to others, acquired through the
| ||||||
12 | practice of
auctioneering, conducting an auction, or | ||||||
13 | providing an auction service within 30
days of the written
| ||||||
14 | request from the owner of said moneys, property, or | ||||||
15 | documents.
| ||||||
16 | (15) Failure to maintain and deposit into a special | ||||||
17 | account, separate and
apart from
any personal or other | ||||||
18 | business accounts, all moneys belonging to others
| ||||||
19 | entrusted to a licensee while
acting as an auctioneer, | ||||||
20 | associate auctioneer, auction firm, or as a temporary
| ||||||
21 | custodian of the funds
of others.
| ||||||
22 | (16) Failure to make available to Department
personnel | ||||||
23 | during normal business
hours
all
escrow and trustee records | ||||||
24 | and related documents maintained in connection with
the | ||||||
25 | practice of
auctioneering, conducting an auction, or | ||||||
26 | providing an auction service within 24
hours after a |
| |||||||
| |||||||
1 | request
from Department personnel.
| ||||||
2 | (17) Making or filing false records or reports in his | ||||||
3 | or her practice,
including but not
limited to false records | ||||||
4 | or reports filed with State agencies.
| ||||||
5 | (18) Failing to voluntarily furnish copies of all | ||||||
6 | written instruments
prepared by the
auctioneer and signed | ||||||
7 | by all parties to all parties at the time of execution.
| ||||||
8 | (19) Failing to provide information within 30 days in | ||||||
9 | response to a
written
request
made by the Department.
| ||||||
10 | (20) Engaging in any act that constitutes a violation | ||||||
11 | of Section 2-102,
3-103, or
3-105 of the Illinois Human | ||||||
12 | Rights Act.
| ||||||
13 | (21) (Blank) Causing a payment from the Auction | ||||||
14 | Recovery Fund .
| ||||||
15 | (22) Engaging in dishonorable, unethical, or | ||||||
16 | unprofessional conduct of a
character
likely to deceive, | ||||||
17 | defraud, or harm the public.
| ||||||
18 | (23) Offering or advertising real estate for sale or | ||||||
19 | lease at auction
without
a valid
broker or salesperson's | ||||||
20 | license under the Real Estate License Act of 1983, or
any | ||||||
21 | successor Act,
unless exempt from licensure under the terms | ||||||
22 | of the Real Estate License Act of 2000 2001 , or any
| ||||||
23 | successor Act.
| ||||||
24 | (24) Inability to practice the profession with | ||||||
25 | reasonable judgement, skill, or safety as a result of a | ||||||
26 | physical illness, including, but not limited to, |
| |||||||
| |||||||
1 | deterioration through the aging process or loss of motor | ||||||
2 | skill, or a mental illness or disability. Physical illness, | ||||||
3 | mental illness, or other impairment including without | ||||||
4 | limitation deterioration through the aging process, mental | ||||||
5 | illness, or disability that results in the inability to | ||||||
6 | practice the profession with reasonable judgment, skill, | ||||||
7 | and safety. | ||||||
8 | (25) A pattern of practice or other behavior that
| ||||||
9 | demonstrates incapacity or incompetence to practice under | ||||||
10 | this Act. | ||||||
11 | (26) Being named as a perpetrator in an indicated
| ||||||
12 | report by the Department of Children and Family Services | ||||||
13 | under the Abused and Neglected Child Reporting Act and upon | ||||||
14 | proof by clear and convincing evidence that the licensee | ||||||
15 | has caused a child to be an abused child or a neglected | ||||||
16 | child as defined in the Abused and Neglected Child | ||||||
17 | Reporting Act. | ||||||
18 | (27) Inability to practice with reasonable judgement, | ||||||
19 | skill, or safety as a result of habitual or excessive use | ||||||
20 | or addiction to alcohol, narcotics, stimulants, or any | ||||||
21 | other chemical agent or drug. Habitual or excessive use or | ||||||
22 | addiction to
alcohol, narcotics, stimulants, or any other | ||||||
23 | chemical agent or drug that results in a licensee's | ||||||
24 | inability to practice with reasonable judgment, skill, or | ||||||
25 | safety. | ||||||
26 | (28) Wilfully failing to report an instance of
|
| |||||||
| |||||||
1 | suspected child abuse or neglect as required by the Abused | ||||||
2 | and Neglected Child Reporting Act. | ||||||
3 | The entry of an order by a circuit court establishing that | ||||||
4 | any person holding a license under this Act is subject to | ||||||
5 | involuntary admission or judicial admission, as provided for in | ||||||
6 | the Mental Health and Developmental Disabilities Code, | ||||||
7 | operates as an automatic suspension of that license. That | ||||||
8 | person may have his or her license restored only upon the | ||||||
9 | determination by a circuit court that the patient is no longer | ||||||
10 | subject to involuntary admission or judicial admission and the | ||||||
11 | issuance of an order so finding and discharging the patient and | ||||||
12 | upon the Board's recommendation to the Department that the | ||||||
13 | license be restored. Where circumstances so indicate, the Board | ||||||
14 | may recommend to the Department that it require an examination | ||||||
15 | prior to restoring a suspended license. | ||||||
16 | If the Department or Board finds an individual unable to | ||||||
17 | practice because of the reasons set forth in this Section, the | ||||||
18 | Department or Board may require that individual to submit to | ||||||
19 | care, counseling, or treatment by physicians approved or | ||||||
20 | designated by the Department or Board, as a condition, term, or | ||||||
21 | restriction for continued, reinstated, or renewed licensure to | ||||||
22 | practice; or, in lieu of care, counseling, or treatment, the | ||||||
23 | Department may file, or the Board may recommend to the | ||||||
24 | Department to file, a complaint to immediately suspend, revoke, | ||||||
25 | or otherwise discipline the license of the individual. An | ||||||
26 | individual whose license was granted, continued, reinstated, |
| |||||||
| |||||||
1 | renewed, disciplined or supervised subject to such terms, | ||||||
2 | conditions, or restrictions, and who fails to comply with such | ||||||
3 | terms, conditions, or restrictions, shall be referred to the | ||||||
4 | Secretary for a determination as to whether the individual | ||||||
5 | shall have his or her license suspended immediately, pending a | ||||||
6 | hearing by the Department.
In instances in which the Secretary | ||||||
7 | immediately suspends a person's license under this Section, a | ||||||
8 | hearing on that person's license must be convened by the | ||||||
9 | Department within 21 days after the suspension and completed | ||||||
10 | without appreciable delay. The Department and Board shall have | ||||||
11 | the authority to review the subject individual's record of | ||||||
12 | treatment and counseling regarding the impairment to the extent | ||||||
13 | permitted by applicable federal statutes and regulations | ||||||
14 | safeguarding the confidentiality of medical records. | ||||||
15 | An individual licensed under this Act and affected under | ||||||
16 | this Section shall be afforded an opportunity to demonstrate to | ||||||
17 | the Department or Board that he or she can resume practice in | ||||||
18 | compliance with acceptable and prevailing standards under the | ||||||
19 | provisions of his or her license. | ||||||
20 | In enforcing this Section, the Department or Board, upon a | ||||||
21 | showing of a possible violation, may compel an individual | ||||||
22 | licensed to practice under this Act, or who has applied for | ||||||
23 | licensure under this Act, to submit to a mental or physical | ||||||
24 | examination, or both, as required by and at the expense of the | ||||||
25 | Department. The Department or Board may order the examining | ||||||
26 | physician to present testimony concerning the mental or |
| |||||||
| |||||||
1 | physical examination of the licensee or applicant. No | ||||||
2 | information shall be excluded by reason of any common law or | ||||||
3 | statutory privilege relating to communications between the | ||||||
4 | licensee or applicant and the examining physician. The | ||||||
5 | examining physicians shall be specifically designated by the | ||||||
6 | Board or Department. The individual to be examined may have, at | ||||||
7 | his or her own expense, another physician of his or her choice | ||||||
8 | present during all aspects of this examination. Failure of an | ||||||
9 | individual to submit to a mental or physical examination when | ||||||
10 | directed shall be grounds for suspension of his or her license | ||||||
11 | until the individual submits to the examination, if the | ||||||
12 | Department finds that, after notice and hearing, the refusal to | ||||||
13 | submit to the examination was without reasonable cause.
| ||||||
14 | (Source: P.A. 95-572, eff. 6-1-08 .)
| ||||||
15 | (225 ILCS 407/20-40)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
17 | Sec. 20-40. Hearings; record of hearings.
| ||||||
18 | (a) The Department shall have the authority to conduct | ||||||
19 | hearings before the Advisory
Board
on
proceedings to revoke, | ||||||
20 | suspend, place on probation or administrative review,
| ||||||
21 | reprimand, or refuse
to issue or renew any license under this | ||||||
22 | Act or to impose a civil penalty not
to exceed $10,000 upon
any | ||||||
23 | licensee under this Act.
| ||||||
24 | (b) The Department, at its expense, shall preserve a record | ||||||
25 | of all proceedings at the formal hearing of any case. The |
| |||||||
| |||||||
1 | notice of hearing, complaint, all other documents in the nature | ||||||
2 | of pleadings, written motions filed in the proceedings, the | ||||||
3 | transcripts of testimony, the report of the Board, and orders | ||||||
4 | of the Department shall be in the record of the proceeding. The | ||||||
5 | Department shall furnish a transcript of such record to any | ||||||
6 | person interested in such hearing upon payment of the fee | ||||||
7 | required under Section 2105-115 of the Department of | ||||||
8 | Professional Regulation Law (20 ILCS 2105/2105-115). The | ||||||
9 | Department, at its expense, shall preserve a record of all | ||||||
10 | proceedings at the
formal hearing of
any case involving the | ||||||
11 | discipline of any license under this Act. The notice of
| ||||||
12 | hearing, complaint and
all other documents in the nature of | ||||||
13 | pleadings and written motions filed in the
proceedings, the
| ||||||
14 | transcript of testimony, the report of the Board, and the order | ||||||
15 | of the Department shall
be the record of
proceeding. At all | ||||||
16 | hearings or prehearing conference, the Department and the | ||||||
17 | respondent
shall be entitled
to have a court reporter in | ||||||
18 | attendance for purposes of transcribing the
proceeding or | ||||||
19 | prehearing
conference.
| ||||||
20 | (Source: P.A. 95-572, eff. 6-1-08 .)
| ||||||
21 | (225 ILCS 407/20-43 new)
| ||||||
22 | Sec. 20-43. Investigations; notice and hearing. The | ||||||
23 | Department may investigate the actions of any applicant or | ||||||
24 | person rendering or offering to render auction services, or | ||||||
25 | holding or claiming to hold a license as a licensed auctioneer. |
| |||||||
| |||||||
1 | At least 30 days before any disciplinary hearing under this | ||||||
2 | Act, the Department shall: (i) notify the accused in writing of | ||||||
3 | the charges made and the time and place of the hearing; (ii) | ||||||
4 | direct the accused to file with the Board a written answer | ||||||
5 | under oath to the charges within 20 days of receiving service | ||||||
6 | of the notice; and (iii) inform the accused that if he or she | ||||||
7 | fails to file an answer to the charges within 20 days of | ||||||
8 | receiving service of the notice, a default judgement may be | ||||||
9 | entered against him or her, or his or her license may be | ||||||
10 | suspended, revoked, placed on probationary status, or other | ||||||
11 | disciplinary action taken with regard to the license as the | ||||||
12 | Department may consider proper, including, but not limited to, | ||||||
13 | limiting the scope, nature, or extent of the licensee's | ||||||
14 | practice, or imposing a fine. | ||||||
15 | At the time and place of the hearing fixed in the notice, | ||||||
16 | the Board shall proceed to hear the charges and the accused or | ||||||
17 | his or her counsel shall be accorded ample opportunity to | ||||||
18 | present any pertinent statements, testimony, evidence, and | ||||||
19 | arguments in his or her defense. The Board may continue the | ||||||
20 | hearing when it deems it appropriate. | ||||||
21 | Written notice of the hearing may be served by personal | ||||||
22 | delivery or by certified mail to the last known address of | ||||||
23 | record, unless specified as otherwise by the accused in his or | ||||||
24 | her last communication with the Department.
| ||||||
25 | (225 ILCS 407/20-50)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
2 | Sec. 20-50. Findings and recommendations. Board's findings | ||||||
3 | of fact, conclusions of law, and
recommendation to the | ||||||
4 | Secretary. At the conclusion of the hearing, the Board shall | ||||||
5 | present to the Secretary a written report of its findings of | ||||||
6 | fact, conclusions of law, and recommendations. The report shall | ||||||
7 | contain a finding whether or not the accused person violated | ||||||
8 | this Act or any rules promulgated pursuant to this Act. The | ||||||
9 | Board shall specify the nature of any violations and shall make | ||||||
10 | its recommendations to the Secretary. In making | ||||||
11 | recommendations for any disciplinary action, the Board may take | ||||||
12 | into consideration all facts and circumstances bearing upon the | ||||||
13 | reasonableness of the conduct of the accused, including, but | ||||||
14 | not limited to, previous discipline of the accused by the | ||||||
15 | Department, intent, degree of harm to the public and likelihood | ||||||
16 | of future harm to the public, any restitution made by the | ||||||
17 | accused, and whether the incident or incidents contained in the | ||||||
18 | complaint appear to be isolated or represent a continuing | ||||||
19 | pattern of conduct. In making its recommendations for | ||||||
20 | discipline, the Board shall endeavor to ensure that the | ||||||
21 | severity of the discipline recommended is reasonably | ||||||
22 | proportional to the severity of the violation. | ||||||
23 | The report of the Board's findings of fact, conclusions of | ||||||
24 | law, and recommendations shall be the basis for the | ||||||
25 | Department's decision to refuse to issue, restore, or renew a | ||||||
26 | license, or to take any other disciplinary action. If the |
| |||||||
| |||||||
1 | Secretary disagrees with the recommendations of the Board, the | ||||||
2 | Secretary may issue an order in contravention of the Board | ||||||
3 | recommendations. The report's findings are not admissible in | ||||||
4 | evidence against the person in a criminal prosecution brought | ||||||
5 | for a violation of this Act, but the hearing and findings are | ||||||
6 | not a bar to a criminal prosecution for the violation of this | ||||||
7 | Act. At the conclusion of the hearing, the Advisory Board shall
| ||||||
8 | present to the Secretary a written report of its findings of | ||||||
9 | facts, conclusions of law, and
recommendations
regarding | ||||||
10 | discipline or a fine. The report shall contain a finding | ||||||
11 | whether or
not the accused person
violated this Act or failed | ||||||
12 | to comply with the conditions required in this Act.
The | ||||||
13 | Advisory Board
shall specify the nature of the violation or | ||||||
14 | failure to comply and shall make
its recommendations to
the | ||||||
15 | Secretary.
| ||||||
16 | If the Secretary disagrees in any regard with the report of | ||||||
17 | the Advisory
Board, the Secretary
may issue an order in | ||||||
18 | contravention of the report. The Secretary shall provide
a | ||||||
19 | written report to the Advisory Board on any deviation and shall | ||||||
20 | specify with
particularity the
reasons for that action in the | ||||||
21 | final order.
| ||||||
22 | (Source: P.A. 95-572, eff. 6-1-08 .)
| ||||||
23 | (225 ILCS 407/20-55)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
25 | Sec. 20-55. Appointment of a hearing officer. Motion for |
| |||||||
| |||||||
1 | rehearing; rehearing. The Secretary has the authority to | ||||||
2 | appoint any attorney licensed to practice law in the State of | ||||||
3 | Illinois to serve as the hearing officer in any action for | ||||||
4 | refusal to issue, restore, or renew a license or to discipline | ||||||
5 | a licensee. The hearing officer has full authority to conduct | ||||||
6 | the hearing. Any Board member may attend hearings. The hearing | ||||||
7 | officer shall report his or her findings of fact, conclusions | ||||||
8 | of law, and recommendations to the Board. The Board shall | ||||||
9 | review the report of the hearing officer and present its | ||||||
10 | findings of fact, conclusions of law, and recommendations to | ||||||
11 | the Secretary and to all parties to the proceedings. | ||||||
12 | If the Secretary disagrees with the recommendations of the | ||||||
13 | Board or hearing officer, the Secretary may issue an order in | ||||||
14 | contravention of the Board's recommendations. In any hearing | ||||||
15 | involving
the
discipline of
a license, a copy of the Advisory | ||||||
16 | Board's report shall be served upon the
respondent by the | ||||||
17 | Department, either
personally or as provided in this Act for | ||||||
18 | the service of the notice of hearing.
Within 20 calendar
days | ||||||
19 | after the service, the respondent may present to the Department | ||||||
20 | a motion in writing
for a rehearing,
which shall specify the | ||||||
21 | particular grounds for rehearing.
| ||||||
22 | If no motion for rehearing is filed, then upon the | ||||||
23 | expiration of the time
specified for filing
a motion, or if a | ||||||
24 | motion for rehearing is denied, then upon denial, the Secretary | ||||||
25 | may enter an
order in accordance with the recommendations of | ||||||
26 | the Advisory Board, except as
provided for in this
Act. If the |
| |||||||
| |||||||
1 | respondent orders a transcript of the record from the reporting
| ||||||
2 | service and pays for it
within the time for filing a motion for | ||||||
3 | rehearing, the 20 calendar day period
within which a motion
for | ||||||
4 | rehearing may be filed shall commence upon the delivery of the | ||||||
5 | transcript
to the respondent.
| ||||||
6 | Whenever the Secretary is not satisfied that substantial | ||||||
7 | justice has been
done in the hearing or
in the Advisory Board's | ||||||
8 | report, the Secretary may order a rehearing by the
same.
| ||||||
9 | (Source: P.A. 95-572, eff. 6-1-08 .)
| ||||||
10 | (225 ILCS 407/20-56 new)
| ||||||
11 | Sec. 20-56. Board; rehearing. At the conclusion of the | ||||||
12 | hearing, a copy of the Board's report shall be served upon the | ||||||
13 | applicant or licensee by the Department, either personally or | ||||||
14 | as provided in this Act for the service of a notice of hearing. | ||||||
15 | Within 20 days after service, the applicant or licensee may | ||||||
16 | present to the Department a motion in writing for a rehearing, | ||||||
17 | which shall specify the particular grounds for rehearing. The | ||||||
18 | Department may respond to the motion for rehearing within 20 | ||||||
19 | days after its service on the Department. If no motion for | ||||||
20 | rehearing is filed, then upon the expiration of the time | ||||||
21 | specified for filing such a motion, or if a motion for | ||||||
22 | rehearing is denied, then upon denial, the Secretary may enter | ||||||
23 | an order in accordance with recommendations of the Board except | ||||||
24 | as provided in Section 120 of this Act. If the applicant or | ||||||
25 | licensee orders from the reporting service and pays for a |
| |||||||
| |||||||
1 | transcript of the record within the time for filing a motion | ||||||
2 | for rehearing, the 20-day period within which a motion may be | ||||||
3 | filed shall commence upon the delivery of the transcript to the | ||||||
4 | applicant or licensee.
| ||||||
5 | (225 ILCS 407/20-80)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
7 | Sec. 20-80. Summary suspension. The Secretary
may | ||||||
8 | temporarily suspend
any
license pursuant to this Act, without | ||||||
9 | hearing, simultaneously with the
institution of proceedings | ||||||
10 | for
a hearing provided for in this Act, if the Secretary finds | ||||||
11 | that the evidence
indicates that the
public interest, safety, | ||||||
12 | or welfare requires emergency action. In the event
that the | ||||||
13 | Secretary
temporarily suspends any license without a hearing, a | ||||||
14 | hearing shall be commenced held
within 30 calendar days
after | ||||||
15 | the suspension has begun. The suspended licensee may seek a | ||||||
16 | continuance
of the hearing
during which the suspension shall | ||||||
17 | remain in effect. The proceeding shall be
concluded without
| ||||||
18 | appreciable delay.
| ||||||
19 | (Source: P.A. 95-572, eff. 6-1-08 .)
| ||||||
20 | (225 ILCS 407/30-7 new)
| ||||||
21 | Sec. 30-7. Department; powers and duties. The Department | ||||||
22 | shall exercise the powers and duties prescribed by the Civil | ||||||
23 | Administrative Code of Illinois for the administration of | ||||||
24 | licensing acts and shall exercise such other powers and duties |
| |||||||
| |||||||
1 | as are prescribed by this Act. The Department may contract with | ||||||
2 | third parties for services necessary for the proper | ||||||
3 | administration of this Act.
| ||||||
4 | (225 ILCS 407/30-13 new)
| ||||||
5 | Sec. 30-13. The General Professions Dedicated Fund. All of | ||||||
6 | the fees, fines, and penalties collected under this Act shall | ||||||
7 | be deposited into the General Professions Dedicated Fund. The | ||||||
8 | monies deposited into the General Professions Dedicated Fund | ||||||
9 | shall be used by the Department, as appropriated, for the | ||||||
10 | ordinary and contingent expenses of the Department. Monies in | ||||||
11 | the General Professions Dedicated Fund may be invested and | ||||||
12 | reinvested, with all earnings received from investments to be | ||||||
13 | deposited into that Fund and used for the same purposes as fees | ||||||
14 | deposited in that Fund.
| ||||||
15 | (225 ILCS 407/30-30)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
17 | Sec. 30-30. Auction Advisory Board.
| ||||||
18 | (a) There is hereby created the Auction Advisory Board. The | ||||||
19 | Advisory Board
shall consist
of 7 members and shall be | ||||||
20 | appointed by the Secretary. In making the
appointments, the | ||||||
21 | Secretary shall give due consideration to the recommendations | ||||||
22 | by members and
organizations
of the industry, including but not | ||||||
23 | limited to the Illinois State Auctioneers
Association. Five
| ||||||
24 | members of the Advisory Board shall be licensed auctioneers, |
| |||||||
| |||||||
1 | except that for
the initial
appointments, these members may be | ||||||
2 | persons without a license, but who have been
auctioneers for
at | ||||||
3 | least 5 years preceding their appointment to the Advisory | ||||||
4 | Board. One member
shall be a public
member who represents the | ||||||
5 | interests of consumers and who is not licensed under
this Act | ||||||
6 | or the
spouse of a person licensed under this Act or who has | ||||||
7 | any responsibility for
management or
formation of policy of or | ||||||
8 | any financial interest in the auctioneering
profession or any | ||||||
9 | other
connection with the profession. One member shall be | ||||||
10 | actively engaged in the
real estate industry
and licensed as a | ||||||
11 | broker or salesperson. The Advisory Board shall annually elect | ||||||
12 | one of its members to serve as Chairperson.
| ||||||
13 | (b) Members shall be appointed for a term of 4 years, | ||||||
14 | except that of the
initial appointments,
3 members shall be | ||||||
15 | appointed to serve a term of 3 years and 4 members shall be
| ||||||
16 | appointed to serve
a term of 4 years. The Secretary shall fill | ||||||
17 | a
vacancy for the remainder
of any unexpired term. Each member | ||||||
18 | shall serve on the Advisory Board until his
or her successor
is | ||||||
19 | appointed and qualified. No person shall be appointed to serve | ||||||
20 | more than
2 terms, including
the unexpired portion of a term | ||||||
21 | due to vacancy. To the extent practicable, the Secretary
shall
| ||||||
22 | appoint members to insure that the various geographic regions | ||||||
23 | of the State are
properly represented
on the Advisory Board.
| ||||||
24 | (c) Four A majority of the Advisory Board members currently | ||||||
25 | appointed shall
constitute a
quorum. A quorum is required for | ||||||
26 | all Board decisions A vacancy in the membership of the Advisory |
| |||||||
| |||||||
1 | Board shall not impair the
right of a quorum
to exercise all of | ||||||
2 | the rights and perform all the duties of the Board .
| ||||||
3 | (d) Each member of the Advisory Board shall receive a per | ||||||
4 | diem stipend in an
amount to be
determined by the Secretary. | ||||||
5 | Each member shall be paid his or her necessary
expenses while
| ||||||
6 | engaged in the performance of his or her duties.
| ||||||
7 | (e) Members of the Advisory Board shall be immune from suit | ||||||
8 | in an action
based
upon any
disciplinary proceedings or other | ||||||
9 | acts performed in good faith as members of
the Advisory Board.
| ||||||
10 | (f) The Advisory Board shall meet monthly or as convened by | ||||||
11 | the Department Chairperson .
| ||||||
12 | (g) The Advisory Board shall advise the Department on | ||||||
13 | matters of licensing and
education and
make recommendations to | ||||||
14 | the Department on those matters and shall hear and make
| ||||||
15 | recommendations
to the Secretary on disciplinary matters that | ||||||
16 | require a formal evidentiary
hearing.
| ||||||
17 | (h) The Secretary shall give due consideration to all | ||||||
18 | recommendations of
the
Advisory
Board.
| ||||||
19 | (Source: P.A. 95-572, eff. 6-1-08 .)
| ||||||
20 | (225 ILCS 407/10-15 rep.)
| ||||||
21 | (225 ILCS 407/10-25 rep.)
| ||||||
22 | (225 ILCS 407/15-20 rep.)
| ||||||
23 | (225 ILCS 407/20-45 rep.)
| ||||||
24 | (225 ILCS 407/20-90 rep.)
| ||||||
25 | (225 ILCS 407/30-15 rep.)
|
| |||||||
| |||||||
1 | (225 ILCS 407/30-20 rep.)
| ||||||
2 | (225 ILCS 407/30-25 rep.)
| ||||||
3 | (225 ILCS 407/30-35 rep.)
| ||||||
4 | (225 ILCS 407/30-40 rep.)
| ||||||
5 | (225 ILCS 407/30-45 rep.)
| ||||||
6 | Section 25. The Auction License Act is amended by repealing | ||||||
7 | Sections 10-15, 10-25, 15-20, 20-45, 20-90, 30-15, 30-20, | ||||||
8 | 30-25, 30-35, 30-40 and 30-45.
| ||||||
9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.
|