Bill Text: IL SB1940 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Illinois Certified Shorthand Reporters Act of 1984. Renames the Act to the Illinois Certified Shorthand Reporters and Voice Writer Reporters Act. Provides that no person may practice voice writer reporting on a temporary or permanent basis in the State without being certified by the Department of Financial and Professional Regulation under this Act. Defines "the practice of voice writer reporting", "voice writer notes", and "voice writer reporter". Makes changes in provisions concerning: uncertified practice, violation, civil penalty; use of titles; restricted certificate; the Certified Shorthand Reporters and Voice Writer Reporters Board; qualifications, application; expiration, renewal, and military service; inactive status; endorsement, licensure without examination; grounds for disciplinary action; injunctive actions, order to cease and desist; records of proceedings; subpoenas, oaths; summary suspension; home rule; responsibility for notes; and payment for services. Amends other Acts to make conforming changes. Amends the Regulatory Sunset Act. Repeals the Act January 1, 2034 (rather than January 1, 2024). Effective January 1, 2024, except that certain provisions amending the Regulatory Sunset Act are effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-03-10 - Rule 3-9(a) / Re-referred to Assignments [SB1940 Detail]
Download: Illinois-2023-SB1940-Introduced.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,
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3 | represented in the General Assembly:
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4 | Section 5. The Regulatory Sunset Act is amended by | |||||||||||||||||||
5 | changing Section 4.34 and by adding Section 4.44 as follows:
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6 | (5 ILCS 80/4.34) | |||||||||||||||||||
7 | Sec. 4.34. Acts and Section repealed on January 1, 2024. | |||||||||||||||||||
8 | The following Acts and
Section of an Act are repealed
on | |||||||||||||||||||
9 | January 1, 2024: | |||||||||||||||||||
10 | The Crematory Regulation Act. | |||||||||||||||||||
11 | The Electrologist Licensing Act. | |||||||||||||||||||
12 | The Illinois Certified Shorthand Reporters Act of | |||||||||||||||||||
13 | 1984. | |||||||||||||||||||
14 | The Illinois Occupational Therapy Practice Act. | |||||||||||||||||||
15 | The Illinois Public Accounting Act. | |||||||||||||||||||
16 | The Private Detective, Private Alarm, Private | |||||||||||||||||||
17 | Security, Fingerprint Vendor, and Locksmith Act of 2004. | |||||||||||||||||||
18 | The Registered Surgical Assistant and Registered | |||||||||||||||||||
19 | Surgical Technologist
Title Protection Act. | |||||||||||||||||||
20 | Section 2.5 of the Illinois Plumbing License Law.
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21 | The Veterinary Medicine and Surgery Practice Act of | |||||||||||||||||||
22 | 2004. | |||||||||||||||||||
23 | (Source: P.A. 102-291, eff. 8-6-21.)
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1 | (5 ILCS 80/4.44 new) | ||||||
2 | Sec. 4.44. Acts repealed on January 1, 2034. The following | ||||||
3 | Acts are repealed on January 1, 2034: | ||||||
4 | The Illinois Certified Shorthand Reporters and Voice | ||||||
5 | Writer Reporters Act.
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6 | Section 10. The Oaths and Affirmations Act is amended by | ||||||
7 | changing Sections 1 and 2 as follows:
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8 | (5 ILCS 255/1) (from Ch. 101, par. 1)
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9 | Sec. 1. Oaths and affirmations. All courts, and all judges | ||||||
10 | and the clerk thereof, the county clerk,
deputy county clerk, | ||||||
11 | notaries public, and persons certified under the
Illinois | ||||||
12 | Certified Shorthand Reporters and Voice Writer Reporters Act | ||||||
13 | of 1984 have the power to
administer
oaths
and affirmations to | ||||||
14 | witnesses and others, concerning anything commenced or
to be | ||||||
15 | commenced, or pending before them respectively.
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16 | (Source: P.A. 90-294, eff. 8-1-97.)
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17 | (5 ILCS 255/2) (from Ch. 101, par. 2)
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18 | Sec. 2. Affidavits and depositions. All courts, and | ||||||
19 | judges, and the clerks thereof, the county clerk, deputy
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20 | county clerk, the Secretary of State, notaries public, and
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21 | persons
certified under the Illinois Certified Shorthand | ||||||
22 | Reporters and Voice Writer Reporters Act of 1984
may |
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1 | administer all
oaths of office and all other oaths authorized | ||||||
2 | or required of any officer
or other person, and take | ||||||
3 | affidavits and depositions concerning any matter
or thing, | ||||||
4 | process or proceeding commenced or to be commenced, or pending | ||||||
5 | in
any court or before them, or on any occasion wherein any | ||||||
6 | affidavit or
deposition is authorized or required by law to be | ||||||
7 | taken.
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8 | The same functions may be performed by any commissioned | ||||||
9 | officer in
active service of the armed forces of the United | ||||||
10 | States, within or without
the United States. Oaths, affidavits | ||||||
11 | or depositions taken by or
affirmations made before such | ||||||
12 | officers need not be authenticated nor
attested by any seal | ||||||
13 | nor shall any instruments executed or proceedings had
before | ||||||
14 | such officers be invalid because the place of the proceedings | ||||||
15 | or of
the execution is not stated.
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16 | (Source: P.A. 97-36, eff. 1-1-12.)
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17 | Section 15. The Department of Professional Regulation Law | ||||||
18 | of the Civil Administrative Code of Illinois is amended by | ||||||
19 | changing Section 2105-115 as follows:
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20 | (20 ILCS 2105/2105-115) (was 20 ILCS 2105/60f)
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21 | Sec. 2105-115. Certified shorthand reporter or certified | ||||||
22 | voice writer reporter ; transcript. The Department, at its
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23 | expense,
shall provide a certified shorthand reporter or | ||||||
24 | certified voice writer reporter
to take down the testimony and |
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1 | preserve a record of all proceedings at the
hearing of any case | ||||||
2 | in which a license may be revoked,
suspended, placed
on | ||||||
3 | probationary status, reprimanded, fined, or subjected to other | ||||||
4 | disciplinary action with
reference to the license when a | ||||||
5 | disciplinary action is
authorized
in any licensing Act | ||||||
6 | administered by the Department. The notice,
complaint, and all | ||||||
7 | other documents in the nature of pleadings and written
motions | ||||||
8 | filed in the proceedings, the transcript of testimony, the | ||||||
9 | report
of the board, and the orders of the Department shall be | ||||||
10 | the record of
the proceedings. The Department shall furnish
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11 | the record to
any person interested in the hearing upon | ||||||
12 | payment therefor of $1 per page.
The Department may contract | ||||||
13 | for court reporting services, and, in the event it does so, the | ||||||
14 | Department shall provide the name and contact information for | ||||||
15 | the certified shorthand reporter or certified voice writer | ||||||
16 | reporter who transcribed the testimony at a hearing to any | ||||||
17 | person interested, who may obtain a copy of the transcript of | ||||||
18 | any proceedings at a hearing upon payment of the fee specified | ||||||
19 | by the certified shorthand reporter or certified voice writer | ||||||
20 | reporter . This charge is in addition to any fee charged by the
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21 | Department for certifying the record.
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22 | (Source: P.A. 99-227, eff. 8-3-15; 100-262, eff. 8-22-17.)
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23 | Section 20. The Emergency Medical Services (EMS) Act is | ||||||
24 | amended by changing Section 3.40 as follows:
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1 | (210 ILCS 50/3.40)
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2 | Sec. 3.40. EMS System Participation Suspensions and
Due | ||||||
3 | Process. | ||||||
4 | (a) An EMS Medical Director may suspend from
participation | ||||||
5 | within the System any EMS personnel, EMS Lead Instructor (LI), | ||||||
6 | individual, individual
provider or other participant | ||||||
7 | considered not to be meeting
the requirements of the Program | ||||||
8 | Plan of that approved EMS
System.
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9 | (b) Prior to suspending any individual or entity, an EMS | ||||||
10 | Medical Director
shall provide an opportunity for a hearing | ||||||
11 | before the
local System review board in accordance with | ||||||
12 | subsection (f) and the rules
promulgated by the Department.
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13 | (1) If the local System review board affirms or | ||||||
14 | modifies the EMS Medical
Director's suspension order, the | ||||||
15 | individual or entity shall have the opportunity for
a | ||||||
16 | review of the local board's decision by the State EMS | ||||||
17 | Disciplinary Review
Board, pursuant to Section 3.45 of | ||||||
18 | this Act.
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19 | (2) If the local System review board reverses or | ||||||
20 | modifies the EMS Medical
Director's order, the EMS Medical | ||||||
21 | Director shall have the
opportunity for a review of the | ||||||
22 | local board's decision by the State EMS
Disciplinary | ||||||
23 | Review Board, pursuant to Section 3.45 of this Act.
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24 | (3) The suspension shall commence only upon the | ||||||
25 | occurrence of one of the
following:
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26 | (A) the individual or entity has waived the |
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1 | opportunity for a hearing before
the local System | ||||||
2 | review board; or
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3 | (B) the order has been affirmed or modified by the | ||||||
4 | local system review
board
and the individual or entity | ||||||
5 | has waived the opportunity for review by the State
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6 | Board; or
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7 | (C) the order has been affirmed or modified by the | ||||||
8 | local system review
board,
and the local board's | ||||||
9 | decision has been affirmed or modified by the State
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10 | Board.
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11 | (c) An EMS Medical Director may immediately suspend an | ||||||
12 | EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, LI, PHPA, | ||||||
13 | PHAPRN, or other individual or entity if he or she finds that | ||||||
14 | the
continuation in practice by the individual or entity would | ||||||
15 | constitute an
imminent danger to the public. The suspended | ||||||
16 | individual or entity shall be
issued an immediate verbal | ||||||
17 | notification followed by a written suspension order
by the EMS | ||||||
18 | Medical Director which states the
length, terms and basis for | ||||||
19 | the suspension.
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20 | (1) Within 24 hours following the commencement of the | ||||||
21 | suspension, the EMS
Medical Director shall deliver to the | ||||||
22 | Department, by messenger, telefax, or other | ||||||
23 | Department-approved electronic communication, a
copy of | ||||||
24 | the suspension order and copies of any written materials | ||||||
25 | which relate
to the EMS Medical Director's decision to | ||||||
26 | suspend the individual or entity. All medical and |
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1 | patient-specific information, including Department | ||||||
2 | findings with respect to the quality of care rendered, | ||||||
3 | shall be strictly confidential pursuant to the Medical | ||||||
4 | Studies Act (Part 21 of Article VIII of the Code of Civil | ||||||
5 | Procedure).
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6 | (2) Within 24 hours following the commencement of the | ||||||
7 | suspension, the
suspended individual or entity may deliver | ||||||
8 | to the Department, by messenger,
telefax, or other | ||||||
9 | Department-approved electronic communication, a written | ||||||
10 | response to the suspension order and copies of any written
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11 | materials which the individual or entity feels are | ||||||
12 | appropriate. All medical and patient-specific information, | ||||||
13 | including Department findings with respect to the quality | ||||||
14 | of care rendered, shall be strictly confidential pursuant | ||||||
15 | to the Medical Studies Act.
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16 | (3) Within 24 hours following receipt of the EMS | ||||||
17 | Medical Director's
suspension order or the individual or | ||||||
18 | entity's written response, whichever is later,
the | ||||||
19 | Director or the Director's designee shall determine | ||||||
20 | whether the suspension
should be stayed pending an | ||||||
21 | opportunity for a hearing or
review in accordance with | ||||||
22 | this Act, or whether the suspension should continue
during | ||||||
23 | the course of that hearing or review. The Director or the | ||||||
24 | Director's
designee shall issue this determination to the | ||||||
25 | EMS Medical Director, who shall
immediately notify the | ||||||
26 | suspended individual or entity. The suspension shall |
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1 | remain
in effect during this period of review by the | ||||||
2 | Director or the Director's
designee.
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3 | (d) Upon issuance of a suspension order for reasons | ||||||
4 | directly related to
medical care, the EMS Medical Director | ||||||
5 | shall also provide the individual or entity
with the | ||||||
6 | opportunity for a hearing before the local System review | ||||||
7 | board, in
accordance with subsection (f) and the rules | ||||||
8 | promulgated by the Department.
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9 | (1) If the local System review board affirms or | ||||||
10 | modifies the EMS Medical
Director's suspension order, the | ||||||
11 | individual or entity shall have the opportunity for
a | ||||||
12 | review of the local board's decision by the State EMS | ||||||
13 | Disciplinary Review
Board, pursuant to Section 3.45 of | ||||||
14 | this Act.
| ||||||
15 | (2) If the local System review board reverses or | ||||||
16 | modifies the EMS Medical
Director's suspension order, the | ||||||
17 | EMS Medical Director shall have the
opportunity for a | ||||||
18 | review of the local board's decision by the State EMS
| ||||||
19 | Disciplinary Review Board, pursuant to Section 3.45 of | ||||||
20 | this Act.
| ||||||
21 | (3) The suspended individual or entity may elect to | ||||||
22 | bypass the local System review board
and seek direct | ||||||
23 | review of the EMS Medical Director's suspension order by | ||||||
24 | the
State EMS Disciplinary Review Board.
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25 | (e) The Resource Hospital shall designate a local System | ||||||
26 | review board in
accordance with the rules of the Department, |
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1 | for the purpose of providing a
hearing to any individual or | ||||||
2 | entity participating within the
System who is suspended from | ||||||
3 | participation by the EMS Medical Director. The
EMS Medical | ||||||
4 | Director shall arrange for a certified shorthand reporter or | ||||||
5 | certified voice writer reporter to make a
stenographic record | ||||||
6 | of that hearing and thereafter prepare a transcript of the
| ||||||
7 | proceedings. The transcript, all documents or materials | ||||||
8 | received as evidence
during the hearing and the local System | ||||||
9 | review board's written decision shall
be retained in the | ||||||
10 | custody of the EMS system. The System shall implement a
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11 | decision of the local System review board unless that decision | ||||||
12 | has been
appealed to the State Emergency Medical Services | ||||||
13 | Disciplinary Review Board in
accordance with this Act and the | ||||||
14 | rules of the Department.
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15 | (f) The Resource Hospital shall implement a decision of | ||||||
16 | the State Emergency
Medical Services Disciplinary Review Board | ||||||
17 | which has been rendered in
accordance with this Act and the | ||||||
18 | rules of the Department.
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19 | (Source: P.A. 100-201, eff. 8-18-17; 100-1082, eff. 8-24-19 .)
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20 | Section 25. The Dietitian Nutritionist Practice Act is | ||||||
21 | amended by changing Section 110 as follows:
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22 | (225 ILCS 30/110) (from Ch. 111, par. 8401-110)
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23 | (Section scheduled to be repealed on January 1, 2028)
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24 | Sec. 110. Record of hearing. The Department, at its |
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1 | expense, shall provide a certified shorthand reporter or | ||||||
2 | certified voice writer reporter to take down the testimony and | ||||||
3 | preserve a record of all proceedings at the hearing of any case | ||||||
4 | in which a licensee may be revoked, suspended, placed on | ||||||
5 | probationary status, reprimanded, fined, or subjected to other | ||||||
6 | disciplinary action with reference to the license when a | ||||||
7 | disciplinary action is authorized under this Act and its | ||||||
8 | rules. The notice of hearing, complaint, and all other | ||||||
9 | documents in the nature of pleadings and written portions | ||||||
10 | filed in the proceedings, the transcript of the testimony, the | ||||||
11 | report of the hearing officer, and the orders of the | ||||||
12 | Department shall be the records of the proceedings. The record | ||||||
13 | may be made available to any person interested in the hearing | ||||||
14 | upon payment of the fee required by Section 2105-115 of the | ||||||
15 | Department of Professional Regulation Law of the Civil | ||||||
16 | Administrative Code of Illinois.
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17 | (Source: P.A. 102-945, eff. 1-1-23 .)
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18 | Section 30. The Funeral Directors and Embalmers Licensing | ||||||
19 | Code is amended by changing Section 15-20 as follows:
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20 | (225 ILCS 41/15-20) | ||||||
21 | (Section scheduled to be repealed on January 1, 2028) | ||||||
22 | Sec. 15-20. Transcript; record of proceedings. | ||||||
23 | (a) The
Department, at its expense, shall provide a | ||||||
24 | certified shorthand reporter or certified voice writer |
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1 | reporter to take down the testimony and preserve a record of | ||||||
2 | all proceedings at the hearing of any case in which a licensee | ||||||
3 | may be revoked, suspended, placed on probationary status, | ||||||
4 | reprimanded, fined, or subjected to other disciplinary action | ||||||
5 | with reference to the license when a disciplinary action is | ||||||
6 | authorized under this Act and rules. The notice of hearing, | ||||||
7 | complaint, and all other documents in the nature of pleadings | ||||||
8 | and written portions filed in the proceedings, the transcript | ||||||
9 | of the testimony, the report of the hearing officer, and the | ||||||
10 | orders of the Department shall be the records of the | ||||||
11 | proceedings. The record may be made available to any person | ||||||
12 | interested in the hearing upon payment of the fee required by | ||||||
13 | Section 2105-115 of the Department of Professional Regulation | ||||||
14 | Law of the Civil Administrative Code of Illinois. | ||||||
15 | (b) The Department may contract for court reporting | ||||||
16 | services, and, if it does so, the Department shall provide the | ||||||
17 | name and contact information for the certified shorthand | ||||||
18 | reporter or certified voice writer reporter who transcribed | ||||||
19 | the testimony at a hearing to any person interested, who may | ||||||
20 | obtain a copy of the transcript of any proceedings at a hearing | ||||||
21 | upon payment of the fee specified by the certified shorthand | ||||||
22 | reporter or certified voice writer reporter . | ||||||
23 | (Source: P.A. 102-881, eff. 1-1-23 .)
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24 | Section 35. The Illinois Funeral or Burial Funds Act is | ||||||
25 | amended by changing Sections 3b and 3d as follows:
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1 | (225 ILCS 45/3b) (from Ch. 111 1/2, par. 73.103b)
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2 | Sec. 3b.
The Comptroller, at his expense, shall provide a | ||||||
3 | certified
shorthand reporter or certified voice writer | ||||||
4 | reporter to take down the testimony and preserve a record of | ||||||
5 | all
proceedings at the hearing of any case involving the | ||||||
6 | refusal to issue or
renew a license, the suspension or | ||||||
7 | revocation of a license, the imposition
of a monetary penalty, | ||||||
8 | or the referral of a case for criminal prosecution.
The record | ||||||
9 | of any such proceeding shall consist of the notice of hearing,
| ||||||
10 | complaint, all other documents in the nature of pleadings and | ||||||
11 | written
motions filed in the proceedings, the transcript of | ||||||
12 | testimony and the
report and orders of the Comptroller. Copies | ||||||
13 | of the transcript of such
record may be purchased from the | ||||||
14 | certified shorthand reporter or certified voice writer | ||||||
15 | reporter who prepared
the record.
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16 | (Source: P.A. 84-839.)
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17 | (225 ILCS 45/3d) (from Ch. 111 1/2, par. 73.103d)
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18 | Sec. 3d.
Any person affected by a final administrative | ||||||
19 | decision of the
Comptroller may have such decision reviewed | ||||||
20 | judicially by the circuit court
of the county where such | ||||||
21 | person resides, or in the case of a corporation,
where the | ||||||
22 | registered office is located. If the plaintiff in the review
| ||||||
23 | proceeding is not a resident of this State, venue shall be in | ||||||
24 | Sangamon
County. The provisions of the Administrative Review |
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1 | Law, as now or
hereafter amended, and any rules adopted | ||||||
2 | thereunder shall govern all
proceedings for the judicial | ||||||
3 | review of final administrative decisions of the
Comptroller. | ||||||
4 | The term "administrative decision" is defined as in the
| ||||||
5 | Administrative Review Law.
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6 | The Comptroller is not required to certify the record of | ||||||
7 | the proceeding
unless the plaintiff in the review proceedings | ||||||
8 | has purchased a copy of the
transcript from the certified | ||||||
9 | shorthand reporter or certified voice writer reporter who | ||||||
10 | prepared the record.
Exhibits shall be certified without cost.
| ||||||
11 | (Source: P.A. 84-839.)
| ||||||
12 | Section 40. The Home Medical Equipment and Services | ||||||
13 | Provider License Act is amended by changing Section 100 as | ||||||
14 | follows:
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15 | (225 ILCS 51/100)
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16 | (Section scheduled to be repealed on January 1, 2028)
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17 | Sec. 100. Shorthand reporter or voice writer reporter ; | ||||||
18 | transcript. The Department, at its
expense, shall provide a | ||||||
19 | shorthand reporter or voice writer reporter to take down the | ||||||
20 | testimony and preserve a record of all proceedings at the | ||||||
21 | formal
hearing of any case involving the refusal to issue or | ||||||
22 | renew a
license or the discipline of a licensee. The notice of | ||||||
23 | hearing,
complaint, and all other documents in the nature of | ||||||
24 | pleadings,
written motions filed in the proceedings, the |
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| |||||||
1 | transcript of
testimony, the report of the Board, and the | ||||||
2 | order of the Department
shall be the record of the proceeding.
| ||||||
3 | (Source: P.A. 100-525, eff. 9-22-17.)
| ||||||
4 | Section 45. The Medical Practice Act of 1987 is amended by | ||||||
5 | changing Section 39 as follows:
| ||||||
6 | (225 ILCS 60/39) (from Ch. 111, par. 4400-39)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
8 | Sec. 39. Certified shorthand reporter or certified voice | ||||||
9 | writer reporter ; record. The Department, at its expense, shall
| ||||||
10 | provide a certified shorthand reporter or certified voice | ||||||
11 | writer reporter to take down the testimony and
preserve a | ||||||
12 | record of all proceedings at the hearing of any
case wherein a | ||||||
13 | license may be revoked, suspended, placed on
probationary | ||||||
14 | status, or other disciplinary action taken with
regard thereto | ||||||
15 | in accordance with Section 2105-115 of the Department of | ||||||
16 | Professional Regulation Law of the Civil Administrative Code | ||||||
17 | of Illinois. The notice of hearing, complaint and all
other | ||||||
18 | documents in the nature of pleadings and written
motions filed | ||||||
19 | in the proceedings, the transcript of
testimony, the report of | ||||||
20 | the hearing officer, exhibits, the report of the Medical | ||||||
21 | Board, and the orders
of the Department constitute the record | ||||||
22 | of the proceedings.
| ||||||
23 | (Source: P.A. 101-316, eff. 8-9-19; 102-20, eff. 1-1-22 .)
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1 | Section 50. The Boxing and Full-contact Martial Arts Act | ||||||
2 | is amended by changing Section 20 as follows:
| ||||||
3 | (225 ILCS 105/20) (from Ch. 111, par. 5020)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
5 | Sec. 20. Record of proceeding. | ||||||
6 | (a) The Department, at its expense, shall provide a | ||||||
7 | certified shorthand reporter or certified voice writer | ||||||
8 | reporter to take down the testimony and preserve a record of | ||||||
9 | all proceedings at the hearing of any case in which a licensee | ||||||
10 | may be revoked, suspended, placed on probationary status, | ||||||
11 | reprimanded, fined, or subjected to other disciplinary action | ||||||
12 | with reference to the license when a disciplinary action is | ||||||
13 | authorized under this Act and rules. The notice of hearing, | ||||||
14 | complaint, and all other documents in the nature of pleadings | ||||||
15 | and written portions filed in the proceedings, the transcript | ||||||
16 | of the testimony, the report of the hearing officer, and the | ||||||
17 | orders of the Department shall be the record of the | ||||||
18 | proceedings. The record may be made available to any person | ||||||
19 | interested in the hearing upon payment of the fee required by | ||||||
20 | Section 2105-115 of the Department of Professional Regulation | ||||||
21 | Law of the Civil Administrative Code of Illinois. | ||||||
22 | (b) The Department may contract for court reporting | ||||||
23 | services, and, if it does so, the Department shall provide the | ||||||
24 | name and contact information for the certified shorthand | ||||||
25 | reporter or certified voice writer reporter who transcribed |
| |||||||
| |||||||
1 | the testimony at a hearing to any person interested, who may | ||||||
2 | obtain a copy of the transcript of any proceedings at a hearing | ||||||
3 | upon payment of the fee specified by the certified shorthand | ||||||
4 | reporter or certified voice writer reporter .
| ||||||
5 | (Source: P.A. 102-20, eff. 1-1-22 .)
| ||||||
6 | Section 55. The Perfusionist Practice Act is amended by | ||||||
7 | changing Section 125 as follows:
| ||||||
8 | (225 ILCS 125/125)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2030)
| ||||||
10 | Sec. 125. Record of proceedings. | ||||||
11 | (a) The Department, at its
expense, shall preserve a | ||||||
12 | record of all proceedings at the formal hearing of any case in | ||||||
13 | which a license under this Act may be revoked, suspended, | ||||||
14 | placed on probationary status, reprimanded, fined, or | ||||||
15 | subjected to other disciplinary action with reference to the | ||||||
16 | license when a disciplinary action is authorized under this | ||||||
17 | Act and rules. The
notice of hearing, complaint, and all other | ||||||
18 | documents in the
nature of pleadings and written motions filed | ||||||
19 | in the
proceedings, the transcript of testimony, the report of | ||||||
20 | the
Board or hearing officer, and orders of the Department | ||||||
21 | shall be
the record of the proceeding. The record may be made | ||||||
22 | available to any person interested in the
hearing on payment | ||||||
23 | of the fee required under Section 2105-115 of the Department | ||||||
24 | of Professional Regulation Law.
|
| |||||||
| |||||||
1 | (b) The Department may contract for court reporting | ||||||
2 | services, and, if it does so, the Department shall provide the | ||||||
3 | name and contact information for the certified shorthand | ||||||
4 | reporter or certified voice writer reporter who transcribed | ||||||
5 | the testimony at a hearing to any person interested, who may | ||||||
6 | obtain a copy of the transcript of any proceedings at a hearing | ||||||
7 | upon payment of the fee specified by the certified shorthand | ||||||
8 | reporter or certified voice writer reporter . | ||||||
9 | (Source: P.A. 101-311, eff. 8-9-19.)
| ||||||
10 | Section 60. The Illinois Explosives Act is amended by | ||||||
11 | changing Section 5004 as follows
| ||||||
12 | (225 ILCS 210/5004) (from Ch. 96 1/2, par. 1-5004)
| ||||||
13 | Sec. 5004. Record of proceedings; transcript. The | ||||||
14 | Department or aggrieved party may
provide at its or his or her | ||||||
15 | expense a certified shorthand reporter or certified voice | ||||||
16 | writer reporter to take down the
testimony and preserve a | ||||||
17 | record of all proceedings at the hearing of any
case involving | ||||||
18 | denial or refusal to issue or renew a license or
certificate, | ||||||
19 | or the suspension or revocation or other discipline of a
| ||||||
20 | license or certificate. Copies of the transcript of such | ||||||
21 | record may be
purchased from the certified shorthand reporter | ||||||
22 | or certified voice writer reporter who prepared the record.
| ||||||
23 | (Source: P.A. 96-1194, eff. 1-1-11.)
|
| |||||||
| |||||||
1 | Section 65. The Illinois Architecture Practice Act of 1989 | ||||||
2 | is amended by changing Section 25 as follows:
| ||||||
3 | (225 ILCS 305/25) (from Ch. 111, par. 1325)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2030)
| ||||||
5 | Sec. 25. Record of proceedings. | ||||||
6 | (a) The Department, at its expense, shall provide a | ||||||
7 | certified shorthand reporter or certified voice writer | ||||||
8 | reporter to take down the testimony and preserve a record of | ||||||
9 | all proceedings at the hearing of any case in which a license | ||||||
10 | may be revoked, suspended, placed on probationary status, | ||||||
11 | reprimanded, fined, or subjected to other disciplinary action | ||||||
12 | with reference to the license when a disciplinary action is | ||||||
13 | authorized under this Act and rules. The notice of hearing, | ||||||
14 | complaint, and all other documents in the nature of pleadings | ||||||
15 | and written motions filed in the proceedings, the transcript | ||||||
16 | of the testimony, the report of the Board, and the orders of | ||||||
17 | the Department shall be the record of the proceedings. The | ||||||
18 | record may be made available to any person interested in the | ||||||
19 | hearing upon payment of the fee required by Section 2105-115 | ||||||
20 | of the Department of Professional Regulation Law of the Civil | ||||||
21 | Administrative Code of Illinois. | ||||||
22 | (b) The Department may contract for court reporting | ||||||
23 | services, and, if it does so, the Department shall provide the | ||||||
24 | name and contact information for the certified shorthand | ||||||
25 | reporter or certified voice writer reporter who transcribed |
| |||||||
| |||||||
1 | the testimony at a hearing to any person interested, who may | ||||||
2 | obtain a copy of the transcript of any proceedings at a hearing | ||||||
3 | upon payment of the fee specified by the certified shorthand | ||||||
4 | reporter or certified voice writer .
| ||||||
5 | (Source: P.A. 101-346, eff. 8-9-19.)
| ||||||
6 | Section 70. The Landscape Architecture Registration Act is | ||||||
7 | amended by changing Section 95 as follows:
| ||||||
8 | (225 ILCS 316/95) | ||||||
9 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
10 | Sec. 95. Record of proceedings.
| ||||||
11 | (a) The Department, at its expense, shall provide a | ||||||
12 | certified shorthand reporter or certified voice writer | ||||||
13 | reporter to take down the testimony and preserve a record of | ||||||
14 | all proceedings in which a registrant may have their | ||||||
15 | registration revoked or suspended or in which the registrant | ||||||
16 | may be placed on probationary status, reprimanded, fined, or | ||||||
17 | subjected to other disciplinary action with reference to the | ||||||
18 | registration when a disciplinary action is authorized under | ||||||
19 | this Act and rules issued pursuant to this Act. The notice of | ||||||
20 | hearing, complaint, and all other documents in the nature of | ||||||
21 | pleadings and written motions filed in the proceedings, the | ||||||
22 | transcript of the testimony, and the orders of the Department | ||||||
23 | shall be the record of the proceedings. The record may be made | ||||||
24 | available to any person interested in the hearing upon payment |
| |||||||
| |||||||
1 | of the fee required by Section 2105-115 of the Department of | ||||||
2 | Professional Regulation Law. | ||||||
3 | (b) The Department may contract for court reporting | ||||||
4 | services, and, if it does so, the Department shall provide the | ||||||
5 | name and contact information for the certified shorthand | ||||||
6 | reporter or certified voice writer reporter who transcribed | ||||||
7 | the testimony at a hearing to any person interested, who may | ||||||
8 | obtain a copy of the transcript of any proceedings at a hearing | ||||||
9 | upon payment of the fee specified by the certified shorthand | ||||||
10 | reporter or certified voice writer reporter .
| ||||||
11 | (Source: P.A. 102-284, eff. 8-6-21.)
| ||||||
12 | Section 75. The Professional Engineering Practice Act of | ||||||
13 | 1989 is amended by changing Section 27 as follows:
| ||||||
14 | (225 ILCS 325/27) (from Ch. 111, par. 5227)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2030)
| ||||||
16 | Sec. 27. Record of proceedings. | ||||||
17 | (a) The Department, at its expense, shall provide a | ||||||
18 | certified shorthand reporter or certified voice writer | ||||||
19 | reporter to take down the testimony and preserve a record of | ||||||
20 | all proceedings at the hearing of any case in which a license | ||||||
21 | may be revoked or suspended or in which a licensee may be | ||||||
22 | placed on probationary status, reprimanded, fined, or | ||||||
23 | subjected to other disciplinary action with reference to the | ||||||
24 | license when a disciplinary action is authorized under this |
| |||||||
| |||||||
1 | Act and its rules. The notice of hearing, complaint, and all | ||||||
2 | other documents in the nature of pleadings and written motions | ||||||
3 | filed in the proceedings, the transcript of the testimony, the | ||||||
4 | report of the Board, and the orders of the Department shall be | ||||||
5 | the record of the proceedings. The record may be made | ||||||
6 | available to any person interested in the hearing upon payment | ||||||
7 | of the fee required by Section 2105-115 of the Department of | ||||||
8 | Professional Regulation Law of the Civil Administrative Code | ||||||
9 | of Illinois. | ||||||
10 | (b) The Department may contract for court reporting | ||||||
11 | services, and, if it does so, the Department shall provide the | ||||||
12 | name and contact information for the certified shorthand | ||||||
13 | reporter or certified voice writer reporter who transcribed | ||||||
14 | the testimony at a hearing to any person interested, who may | ||||||
15 | obtain a copy of the transcript of any proceedings at a hearing | ||||||
16 | upon payment of the fee specified by the certified shorthand | ||||||
17 | reporter or certified voice writer reporter .
| ||||||
18 | (Source: P.A. 101-310, eff. 8-9-19.)
| ||||||
19 | Section 80. The Illinois Professional Land Surveyor Act of | ||||||
20 | 1989 is amended by changing Section 30 as follows:
| ||||||
21 | (225 ILCS 330/30) (from Ch. 111, par. 3280)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2030)
| ||||||
23 | Sec. 30. Record of proceedings. | ||||||
24 | (a) The Department, at its
expense, shall provide a |
| |||||||
| |||||||
1 | certified shorthand reporter or certified voice writer | ||||||
2 | reporter to take down the testimony and
preserve a record of | ||||||
3 | all proceedings at the hearing of any case where a
license may | ||||||
4 | be revoked, suspended, placed on probationary status, | ||||||
5 | reprimanded, fined, or subjected to other disciplinary action | ||||||
6 | with reference to the license when a disciplinary action is | ||||||
7 | authorized under this Act and its rules.
The notice of | ||||||
8 | hearing, complaint, and all other documents in the nature of
| ||||||
9 | pleadings and written motions filed in the proceedings, the | ||||||
10 | transcript of
testimony, the report of the Board, and the | ||||||
11 | orders of the Department shall be
the record of the | ||||||
12 | proceedings. The record may be made available to any person | ||||||
13 | interested in the hearing upon payment of the fee required by | ||||||
14 | Section 2105-115 of the Department of Professional Regulation | ||||||
15 | Law of the Civil Administrative Code of Illinois. | ||||||
16 | (b) The Department may contract for court reporting | ||||||
17 | services, and, if it does so, the Department shall provide the | ||||||
18 | name and contact information for the certified shorthand | ||||||
19 | reporter or certified voice writer reporter who transcribed | ||||||
20 | the testimony at a hearing to any person interested, who may | ||||||
21 | obtain a copy of the transcript of any proceedings at a hearing | ||||||
22 | upon payment of the fee specified by the certified shorthand | ||||||
23 | reporter or certified voice writer reporter .
| ||||||
24 | (Source: P.A. 101-313, eff. 8-9-19.)
| ||||||
25 | Section 85. The Structural Engineering Practice Act of |
| |||||||
| |||||||
1 | 1989 is amended by changing Section 23 as follows:
| ||||||
2 | (225 ILCS 340/23) (from Ch. 111, par. 6623)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2030)
| ||||||
4 | Sec. 23. Record of proceedings. | ||||||
5 | (a) The Department, at its expense, shall provide a | ||||||
6 | certified shorthand reporter or certified voice writer | ||||||
7 | reporter to take down the testimony and preserve a record of | ||||||
8 | all proceedings at the hearing of any case in which a license | ||||||
9 | may be revoked or suspended or a licensee placed on | ||||||
10 | probationary status, reprimanded, fined, or subjected to other | ||||||
11 | disciplinary action with reference to the license when a | ||||||
12 | disciplinary action is authorized under this Act and its | ||||||
13 | rules. The notice of hearing, complaint, and all other | ||||||
14 | documents in the nature of pleadings and written motions filed | ||||||
15 | in the proceedings, the transcript of the testimony, the | ||||||
16 | report of the Board or hearing officer, and the orders of the | ||||||
17 | Department shall be the record of the proceedings. The record | ||||||
18 | may be made available to any person interested in the hearing | ||||||
19 | upon payment of the fee required by Section 2105-115 of the | ||||||
20 | Department of Professional Regulation Law of the Civil | ||||||
21 | Administrative Code of Illinois. | ||||||
22 | (b) The Department may contract for court reporting | ||||||
23 | services, and, if it does so, the Department shall provide the | ||||||
24 | name and contact information for the certified shorthand | ||||||
25 | reporter or certified voice writer reporter who transcribed |
| |||||||
| |||||||
1 | the testimony at a hearing to any person interested, who may | ||||||
2 | obtain a copy of the transcript of any proceedings at a hearing | ||||||
3 | upon payment of the fee specified by the certified shorthand | ||||||
4 | reporter or certified voice writer reporter .
| ||||||
5 | (Source: P.A. 101-312, eff. 8-9-19.)
| ||||||
6 | Section 90. The Cemetery Oversight Act is amended by | ||||||
7 | changing Section 25-35 as follows:
| ||||||
8 | (225 ILCS 411/25-35) | ||||||
9 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
10 | Sec. 25-35. Record of proceedings. | ||||||
11 | (a) The Department, at its expense, shall provide a | ||||||
12 | certified shorthand reporter or certified voice writer | ||||||
13 | reporter to take down the testimony and preserve a record of | ||||||
14 | all proceedings at the hearing of any case in which a licensee | ||||||
15 | may be revoked, suspended, placed on probationary status, | ||||||
16 | reprimanded, fined, or subjected to other disciplinary action | ||||||
17 | with reference to the license when a disciplinary action is | ||||||
18 | authorized under this Act and rules. The notice of hearing, | ||||||
19 | complaint, and all other documents in the nature of pleadings | ||||||
20 | and written portions filed in the proceedings, the transcript | ||||||
21 | of the testimony, the report of the hearing officer, and the | ||||||
22 | orders of the Department shall be the record of the | ||||||
23 | proceedings. The record may be made available to any person | ||||||
24 | interested in the hearing upon payment of the fee required by |
| |||||||
| |||||||
1 | Section 2105-115 of the Department of Professional Regulation | ||||||
2 | Law.
| ||||||
3 | (b) The Department may contract for court reporting | ||||||
4 | services, and, if it does so, the Department shall provide the | ||||||
5 | name and contact information for the certified shorthand | ||||||
6 | reporter or certified voice writer reporter who transcribed | ||||||
7 | the testimony at a hearing to any person interested, who may | ||||||
8 | obtain a copy of the transcript of any proceedings at a hearing | ||||||
9 | upon payment of the fee specified by the certified shorthand | ||||||
10 | reporter or certified voice writer reporter . | ||||||
11 | (Source: P.A. 102-20, eff. 6-25-21.)
| ||||||
12 | Section 95. The Illinois Certified Shorthand Reporters Act | ||||||
13 | of 1984 is amended by changing the title of the Act and | ||||||
14 | Sections 1, 2, 3, 3.5, 4, 5, 6, 8, 9, 10, 11, 13, 14, 15, 16, | ||||||
15 | 23, 23.1, 23.3, 23.4, 23.10, 23.13, 25, 26, 26.1, 27, and 28 as | ||||||
16 | follows:
| ||||||
17 | (225 ILCS 415/Act title)
| ||||||
18 | An Act concerning the regulation of shorthand reporting | ||||||
19 | and voice writer reporting .
| ||||||
20 | (225 ILCS 415/1) (from Ch. 111, par. 6201)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
22 | Sec. 1.
The practice of shorthand reporting and voice | ||||||
23 | writer reporting in the State of Illinois
is hereby declared |
| |||||||
| |||||||
1 | to affect the public health, safety , and welfare and to
be | ||||||
2 | subject to regulation and control in the public interest. This | ||||||
3 | Act
is designed to encourage proficiency in the methods | ||||||
4 | practice of shorthand
reporting and voice writer reporting as | ||||||
5 | a profession; to promote efficiency in court and general
| ||||||
6 | reporting; and to extend to the public the protection afforded | ||||||
7 | by a
standardized profession by establishing standards a | ||||||
8 | standard of competency for
certified shorthand reporters and | ||||||
9 | voice writer reporters . It is further declared that, in order | ||||||
10 | for
the practice of shorthand reporting and voice writer | ||||||
11 | reporting as defined in this Act to merit and
receive the | ||||||
12 | confidence of the public, only qualified persons shall be
| ||||||
13 | authorized to practice shorthand reporting and voice writer | ||||||
14 | reporting in the State of Illinois . This
Act shall be | ||||||
15 | liberally construed to best carry out these subjects and | ||||||
16 | purposes.
| ||||||
17 | (Source: P.A. 83-73 .)
| ||||||
18 | (225 ILCS 415/2) (from Ch. 111, par. 6202)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
20 | Sec. 2.
This Act may be cited as the Illinois Certified
| ||||||
21 | Shorthand Reporters and Voice Writer Reporters Act of 1984 .
| ||||||
22 | (Source: P.A. 87-481 .)
| ||||||
23 | (225 ILCS 415/3) (from Ch. 111, par. 6203)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2024)
|
| |||||||
| |||||||
1 | Sec. 3. License required. No person may practice shorthand | ||||||
2 | reporting or voice writer reporting on a temporary or
| ||||||
3 | permanent basis in this State without being certified under | ||||||
4 | this Act.
This Act does not prohibit any non-resident | ||||||
5 | practicing shorthand
reporter or non-resident practicing voice | ||||||
6 | writer reporter from practicing shorthand reporting or voice | ||||||
7 | writer reporting in this State as to one single proceeding.
| ||||||
8 | (Source: P.A. 98-445, eff. 12-31-13.)
| ||||||
9 | (225 ILCS 415/3.5)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
11 | Sec. 3.5. Uncertified practice; violation; civil penalty.
| ||||||
12 | (a) Any person who practices, offers to practice, attempts | ||||||
13 | to practice, or
holds oneself out to practice as a shorthand | ||||||
14 | reporter or a voice writer reporter without being certified
| ||||||
15 | under this Act shall, in
addition to any other penalty | ||||||
16 | provided by law, pay a civil penalty to the
Department in an | ||||||
17 | amount not to exceed $10,000 for each offense as determined by
| ||||||
18 | the Department and the assessment of costs as provided under | ||||||
19 | Section 23.3 of this Act. The civil penalty shall be assessed | ||||||
20 | by the Department after a
hearing is held in accordance with | ||||||
21 | the provisions set forth in this Act
regarding the provision | ||||||
22 | of a hearing for the discipline of a licensee.
| ||||||
23 | (b) The Department has the authority and power to | ||||||
24 | investigate any and all
unlicensed activity.
| ||||||
25 | (c) The civil penalty shall be paid within 60 days after |
| |||||||
| |||||||
1 | the effective date
of the order imposing the civil penalty. | ||||||
2 | The order shall constitute a judgment
and may be filed and | ||||||
3 | execution had thereon in the same manner as any judgment
from | ||||||
4 | any court of record.
| ||||||
5 | (d) All moneys collected under this Section shall be | ||||||
6 | deposited into the General Professions Dedicated Fund. | ||||||
7 | (Source: P.A. 98-445, eff. 12-31-13.)
| ||||||
8 | (225 ILCS 415/4) (from Ch. 111, par. 6204)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
10 | Sec. 4. In this Act:
| ||||||
11 | (1) "Department" means the Department of Financial and | ||||||
12 | Professional Regulation.
| ||||||
13 | (2) "Secretary" means the Secretary of Financial and | ||||||
14 | Professional Regulation.
| ||||||
15 | (3) "Board" means the Certified Shorthand Reporters and | ||||||
16 | Voice Writer Reporters Board appointed by the
Secretary.
| ||||||
17 | (4) "The practice of shorthand reporting" means reporting, | ||||||
18 | by the use
of any system of manual or mechanical shorthand | ||||||
19 | writing, of Grand Jury
proceedings, court proceedings, | ||||||
20 | court-related court related proceedings, pretrial
| ||||||
21 | examinations, depositions, motions and related proceedings of | ||||||
22 | like
character, or proceedings of an administrative agency | ||||||
23 | when the final
decision of the agency with reference thereto | ||||||
24 | is likely to be subject
to judicial review under the | ||||||
25 | provisions of the Administrative Review Law.
|
| |||||||
| |||||||
1 | (5) "Shorthand reporter" means a person who is technically | ||||||
2 | qualified and
certified under this Act to practice shorthand | ||||||
3 | reporting.
| ||||||
4 | (6) "Stenographic notes" means the original notes by | ||||||
5 | manual or mechanical
shorthand or shorthand writing taken by a | ||||||
6 | shorthand reporter of a proceeding
while in attendance at such | ||||||
7 | proceeding for the purpose of reporting the same.
| ||||||
8 | (7) "Address of record" means the designated address | ||||||
9 | recorded by the Department in the applicant's or licensee's | ||||||
10 | application file or license file as maintained by the | ||||||
11 | Department's licensure maintenance unit. It is the duty of the | ||||||
12 | applicant or licensee to inform the Department of any change | ||||||
13 | of address and those changes must be made either through the | ||||||
14 | Department's Internet website or by contacting the Department. | ||||||
15 | (8) "The practice of voice writer reporting" means | ||||||
16 | reporting, by the use of a system of repeating words of the | ||||||
17 | speaker into a closed microphone voice dictation silencer that | ||||||
18 | is capable of digital translation into text of grand jury | ||||||
19 | proceedings, court proceedings, court-related proceedings, | ||||||
20 | pretrial examinations, depositions, motions, and related | ||||||
21 | proceedings of like character, or proceedings of an | ||||||
22 | administrative agency when the final decision of the | ||||||
23 | administrative agency is likely to be subject to judicial | ||||||
24 | review under the provisions of the Administrative Review Law. | ||||||
25 | (9) "Voice writer notes" means the original record by | ||||||
26 | voice dictation taken by a voice writer reporter of a |
| |||||||
| |||||||
1 | proceeding while in attendance at such proceeding for the | ||||||
2 | purpose of reporting the same. | ||||||
3 | (10) "Voice writer reporter" means a person who is | ||||||
4 | technically qualified and certified under this Act to practice | ||||||
5 | voice writer reporting. | ||||||
6 | (Source: P.A. 98-445, eff. 12-31-13.)
| ||||||
7 | (225 ILCS 415/5) (from Ch. 111, par. 6205)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
9 | Sec. 5. Use of titles Title . | ||||||
10 | (a) Every person to whom a valid existing certificate as a
| ||||||
11 | certified shorthand reporter has been issued under this Act | ||||||
12 | shall
be designated as a Certified Shorthand Reporter and not | ||||||
13 | otherwise,
and any such certified shorthand reporter may, in | ||||||
14 | connection with
his or her practice of shorthand reporting, | ||||||
15 | use the abbreviation "C.S.R."
or the title "Court Reporter". | ||||||
16 | (b) Every person to whom a valid existing certificate as a | ||||||
17 | certified voice writer reporter has been issued under this Act | ||||||
18 | shall be designated as a certified voice writer reporter and | ||||||
19 | not otherwise, and any such certified voice writer reporter | ||||||
20 | may use, in connection with the individual's practice of voice | ||||||
21 | writer reporting, the abbreviation "C.V.W.R" or phrase "voice | ||||||
22 | writer reporter". | ||||||
23 | (c) No person, other than the holder of a valid existing | ||||||
24 | certificate under this Act, shall use the applicable titles or | ||||||
25 | designations authorized under this Section. A person may hold |
| |||||||
| |||||||
1 | valid certificates both as a certified shorthand reporter and | ||||||
2 | as a certified voice writer reporter under this Act and may use | ||||||
3 | the titles authorized by this Section in connection with the | ||||||
4 | person's profession or business. No person other than the | ||||||
5 | holder of a valid existing certificate
under this Act shall | ||||||
6 | use the title or designation of "Certified
Shorthand | ||||||
7 | Reporter", "Court Reporter",or "C.S.R.", either directly or
| ||||||
8 | indirectly
in connection with his or her profession or | ||||||
9 | business.
| ||||||
10 | (Source: P.A. 90-49, eff. 7-3-97 .)
| ||||||
11 | (225 ILCS 415/6) (from Ch. 111, par. 6206)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
13 | Sec. 6. Restricted certificate. Upon receipt of a written | ||||||
14 | request from the Chief Judge of the reporter's circuit,
the | ||||||
15 | Department shall, upon payment of the required fee, issue to | ||||||
16 | any
reporter who has been appointed in counties of less than | ||||||
17 | 1,000,000 in
population, has been examined under the Court | ||||||
18 | Reporters Act, and has achieved an "A" proficiency rating, a | ||||||
19 | restricted certificate by which
such official court reporter | ||||||
20 | may then lawfully engage in reporting only court
proceedings | ||||||
21 | to which the individual he may be assigned by the Chief Judge | ||||||
22 | of the individual's his circuit.
| ||||||
23 | (Source: P.A. 98-445, eff. 12-31-13.)
| ||||||
24 | (225 ILCS 415/8) (from Ch. 111, par. 6208)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
2 | Sec. 8. Certified Shorthand Reporters and Voice Writer | ||||||
3 | Reporters Board. The Secretary shall appoint a Certified | ||||||
4 | Shorthand Reporters and Voice Writer Reporters Board
as | ||||||
5 | follows: 7 persons who shall be appointed by and shall serve in
| ||||||
6 | an advisory capacity to the Secretary. At least 5 Six members | ||||||
7 | must be certified shorthand
reporters, in good standing, and | ||||||
8 | actively engaged in the practice of shorthand
reporting in | ||||||
9 | this State for at least 10 ten years who have not been subject | ||||||
10 | to disciplinary action during the 10 years immediately prior | ||||||
11 | to the date of appointment to the Board. One member may be a | ||||||
12 | certified voice writer reporter who is actively engaged in the | ||||||
13 | practice of voice writer reporting and is in good standing in | ||||||
14 | this State; except for the initial appointment, the appointee | ||||||
15 | must be actively engaged in the practice of voice writer | ||||||
16 | reporting and meet the qualifications for certification under | ||||||
17 | this Act. One , and one member must be a member of
the public | ||||||
18 | who is not certified under this Act, or a similar Act of | ||||||
19 | another
jurisdiction. Members of the Board shall have no | ||||||
20 | liability in any action based upon any disciplinary proceeding | ||||||
21 | or other activity performed in good faith as members of the | ||||||
22 | Board.
| ||||||
23 | Members shall serve 4 year terms and until their | ||||||
24 | successors are appointed
and qualified. No member shall be
| ||||||
25 | reappointed to the Board for a term that would cause the | ||||||
26 | member's his continuous
service on the Board to be longer than |
| |||||||
| |||||||
1 | 2 full consecutive terms.
Appointments to fill vacancies
shall | ||||||
2 | be made in the same manner as original appointments, for the | ||||||
3 | unexpired
portion of the vacated term.
| ||||||
4 | In making appointments to the Board,
the Secretary shall | ||||||
5 | give consideration to recommendations by national and
State | ||||||
6 | organizations of the shorthand reporter and voice writer | ||||||
7 | reporter professions profession .
| ||||||
8 | Four members of the Board shall constitute a quorum. A | ||||||
9 | quorum is required for all Board decisions. | ||||||
10 | The Secretary may remove or suspend any member of the | ||||||
11 | Board for cause at any time before the expiration of his or her | ||||||
12 | term. The Secretary shall be the sole arbiter of cause.
| ||||||
13 | The Secretary shall consider the recommendations of the | ||||||
14 | Board on questions
involving standards of professional | ||||||
15 | conduct, discipline and qualifications
of candidates and | ||||||
16 | certificate holders under this Act. | ||||||
17 | Members of the Board shall be reimbursed for all | ||||||
18 | legitimate, necessary, and authorized expenses incurred in | ||||||
19 | attending the meetings of the Board.
| ||||||
20 | Members of the Board have no liability in any action based | ||||||
21 | upon any disciplinary proceedings or other activity performed | ||||||
22 | in good faith as members of the Board.
| ||||||
23 | (Source: P.A. 98-445, eff. 12-31-13.)
| ||||||
24 | (225 ILCS 415/9) (from Ch. 111, par. 6209)
| ||||||
25 | (Section scheduled to be repealed on January 1, 2024)
|
| |||||||
| |||||||
1 | Sec. 9. Qualifications. Applications for original | ||||||
2 | certificates shall be made to the
Department
in writing on | ||||||
3 | forms prescribed by the Department and shall be accompanied
by | ||||||
4 | the required fee, which shall not be returnable. Any such | ||||||
5 | application
shall require such information as in the judgment | ||||||
6 | of the Department
will enable the Department to pass on the | ||||||
7 | qualifications of the applicant
for certification.
| ||||||
8 | In determining competency, the Department shall require | ||||||
9 | proof that the
applicant has a good understanding of the | ||||||
10 | English language, including reading,
spelling , and vocabulary, | ||||||
11 | and that the applicant has sufficient ability to
accurately | ||||||
12 | report any of the matters comprising the practice of shorthand
| ||||||
13 | reporting or the practice of voice writer reporting, as herein | ||||||
14 | defined, by the use of any system of manual or mechanical
| ||||||
15 | shorthand , or shorthand writing , or by the use of voice | ||||||
16 | writing through the use of a closed microphone voice dictation | ||||||
17 | silencer that is capable of digital translation into text , and | ||||||
18 | a clear understanding of obligations
between a shorthand | ||||||
19 | reporter or a voice writer reporter and the parties to any | ||||||
20 | proceedings reported,
as well as the provisions of this Act.
| ||||||
21 | (Source: P.A. 98-445, eff. 12-31-13.)
| ||||||
22 | (225 ILCS 415/10) (from Ch. 111, par. 6210)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
24 | Sec. 10.
The Department shall authorize examinations at | ||||||
25 | such time and place as it may designate. The examination shall |
| |||||||
| |||||||
1 | be
of a character to give a fair test of the qualifications of | ||||||
2 | the applicant
to practice shorthand reporting or to practice | ||||||
3 | voice writer reporting .
| ||||||
4 | Applicants for examination as certified shorthand | ||||||
5 | reporters and for examination as certified voice writer | ||||||
6 | reporters shall be required
to pay, either to the Department | ||||||
7 | or the designated testing service, a fee
covering the cost of | ||||||
8 | providing the examination. Failure to appear for the
| ||||||
9 | examination on the scheduled date, at the time and place | ||||||
10 | specified, after
the applicant's application for examination | ||||||
11 | has been received and acknowledged
by the Department or the | ||||||
12 | designated testing service, shall result in the
forfeiture of | ||||||
13 | the examination fee.
| ||||||
14 | If an applicant neglects, fails or refuses to take the | ||||||
15 | next available
examination offered or fails to pass an | ||||||
16 | examination for certification
under this Act, the application | ||||||
17 | shall be denied. If an applicant for
examination for | ||||||
18 | certification under this Act fails to pass the examination
| ||||||
19 | within 3 years after filing his application, the application | ||||||
20 | shall be
denied. However, such applicant may thereafter make a | ||||||
21 | new application
accompanied by the required fee.
| ||||||
22 | The Department may employ consultants for the purpose of | ||||||
23 | preparing and
conducting examinations.
| ||||||
24 | An applicant has one year from the date of notification of
| ||||||
25 | successful completion of the examination to apply to the | ||||||
26 | Department for a
license. If an applicant fails to apply |
| |||||||
| |||||||
1 | within one year, the applicant shall
be required to take and | ||||||
2 | pass the examination again unless licensed in
another | ||||||
3 | jurisdiction of the United States within one year of passing | ||||||
4 | the
examination.
| ||||||
5 | (Source: P.A. 98-445, eff. 12-31-13.)
| ||||||
6 | (225 ILCS 415/11) (from Ch. 111, par. 6211)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
8 | Sec. 11. Qualifications; application. | ||||||
9 | (a) A person shall be qualified for certification as a | ||||||
10 | certified
shorthand reporter if:
| ||||||
11 | (1) that A. That person has applied in writing in form | ||||||
12 | and substance to the
Department ; and :
| ||||||
13 | (A) (blank) (1) (Blank) ;
| ||||||
14 | (B) is (2) Is of good moral character, the | ||||||
15 | determination of which shall take
into account , but | ||||||
16 | not be totally based upon , any felony conviction of | ||||||
17 | the
applicant; and
| ||||||
18 | (C) has (3) Has graduated from a high school or | ||||||
19 | secondary school or its
equivalent; and
| ||||||
20 | (2) that B. That person has successfully completed the | ||||||
21 | examination authorized by
the Department.
| ||||||
22 | Additional qualifications for the practice of shorthand | ||||||
23 | reporting may be set by the Department by rule. | ||||||
24 | (b) A person shall be qualified for certification as a | ||||||
25 | certified voice writer reporter if that person: |
| |||||||
| |||||||
1 | (1) has applied in writing in form and substance | ||||||
2 | satisfactory to the Department; | ||||||
3 | (2) is of good moral character, the determination of | ||||||
4 | which shall take into account, but not totally be based | ||||||
5 | upon, any felony conviction of the applicant; | ||||||
6 | (3) has graduated from a high school or secondary | ||||||
7 | school or its equivalent; | ||||||
8 | (4) is trained in a voice writing method of reporting | ||||||
9 | as evidenced by a certificate of completion issued by the | ||||||
10 | school; | ||||||
11 | (5) has successfully completed the examination | ||||||
12 | authorized by the Department or submits a certification of | ||||||
13 | successful completion of an examination from another | ||||||
14 | jurisdiction that is the equivalent of the examination | ||||||
15 | authorized by the Department; and | ||||||
16 | (6) submits an official copy of a Certified Verbatim | ||||||
17 | Reporter Certificate or Certificate of Merit issued by the | ||||||
18 | National Verbatim Reporters Association. | ||||||
19 | Additional qualifications for the practice of voice writer | ||||||
20 | reporting may be set by the Department by rule. | ||||||
21 | (Source: P.A. 98-445, eff. 12-31-13.)
| ||||||
22 | (225 ILCS 415/13) (from Ch. 111, par. 6213)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
24 | Sec. 13.
No action or suit shall be instituted, nor | ||||||
25 | recovery therein be
had, in any court of this State by any |
| |||||||
| |||||||
1 | person for compensation for any
act done or service rendered, | ||||||
2 | the doing or rendering of which is prohibited
under the | ||||||
3 | provisions of this Act to other than certified shorthand | ||||||
4 | reporters or certified voice writer reporters .
| ||||||
5 | (Source: P.A. 83-73 .)
| ||||||
6 | (225 ILCS 415/14) (from Ch. 111, par. 6214)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
8 | Sec. 14. Expiration, renewal, and military service. The | ||||||
9 | expiration date and renewal period for each certificate issued
| ||||||
10 | under this Act shall be set by rule.
| ||||||
11 | Any certified shorthand reporter or certified voice writer | ||||||
12 | reporter who has permitted the his certificate to expire
or | ||||||
13 | who has had the his certificate on inactive status may have the | ||||||
14 | his certificate
restored by making application to the | ||||||
15 | Department, filing proof acceptable
to the Department of the | ||||||
16 | reporter's his fitness to have the his certificate restored | ||||||
17 | and
paying the required restoration fee. The Department may | ||||||
18 | consider a
certificate expired less than 5 years as prima | ||||||
19 | facie evidence that the
applicant is fit. If a certificate has | ||||||
20 | expired or has been placed on
inactive status and the | ||||||
21 | applicant has practiced in another jurisdiction
during such | ||||||
22 | period, satisfactory proof of fitness may include
sworn | ||||||
23 | evidence certifying to active practice in another | ||||||
24 | jurisdiction.
| ||||||
25 | If the certified shorthand reporter or certified voice |
| |||||||
| |||||||
1 | writer reporter has not maintained an active practice
in | ||||||
2 | another jurisdiction satisfactory to the Department, the | ||||||
3 | Department shall
determine, by an evaluation program | ||||||
4 | established by rule, the reporter's his fitness to
resume | ||||||
5 | active status and shall, by rule, establish procedures and | ||||||
6 | requirements for restoration.
| ||||||
7 | However, any certified shorthand reporter or certified | ||||||
8 | voice writer reporter whose certificate expired while
the | ||||||
9 | reporter he was (1) in Federal Service on active duty with the | ||||||
10 | Armed Forces of the
United States, or the State Militia called | ||||||
11 | into service or training, or
(2) in training or education | ||||||
12 | under the supervision of the United States
preliminary to | ||||||
13 | induction into the military service, may have the reporter's | ||||||
14 | his certificate
renewed or restored without paying any lapsed | ||||||
15 | renewal fees if within 2 years
after termination of such | ||||||
16 | service, training , or education except under
conditions other | ||||||
17 | than honorable, the reporter he furnished the Department with
| ||||||
18 | satisfactory evidence to the effect that the reporter he has | ||||||
19 | been so engaged and that
the reporter's his service, training , | ||||||
20 | or education has been so terminated.
| ||||||
21 | (Source: P.A. 98-445, eff. 12-31-13.)
| ||||||
22 | (225 ILCS 415/15) (from Ch. 111, par. 6215)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
24 | Sec. 15. Inactive status. Any certified shorthand reporter | ||||||
25 | or certified voice writer reporter who notifies the Department
|
| |||||||
| |||||||
1 | in writing on forms prescribed by the Department, may elect to | ||||||
2 | place the reporter's his certificate on an inactive status and | ||||||
3 | shall, subject to rules of the
Department,
be excused from | ||||||
4 | payment of renewal fees until the reporter he notifies the | ||||||
5 | Department
in writing of the reporter's his desire to resume | ||||||
6 | active status.
| ||||||
7 | Any certified shorthand reporter or certified voice writer | ||||||
8 | reporter requesting restoration from inactive status
shall be | ||||||
9 | required to pay the current renewal fee and shall be required | ||||||
10 | to
restore the reporter's his certificate, as provided in | ||||||
11 | Section 14.
| ||||||
12 | Any certified shorthand reporter or certified voice writer | ||||||
13 | reporter whose certificate is in an inactive status
shall not | ||||||
14 | practice shorthand reporting or voice writer reporting in the | ||||||
15 | State of Illinois .
| ||||||
16 | (Source: P.A. 98-445, eff. 12-31-13.)
| ||||||
17 | (225 ILCS 415/16) (from Ch. 111, par. 6216)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
19 | Sec. 16. Endorsement; licensure without examination. The | ||||||
20 | Department may certify as a certified
shorthand reporter or as | ||||||
21 | a certified voice writer reporter , without examination, on | ||||||
22 | payment of the required fee,
an applicant who is a certified | ||||||
23 | shorthand reporter or certified voice writer reporter | ||||||
24 | registered under the
laws of another jurisdiction, if the | ||||||
25 | requirements for certification of
certified shorthand |
| |||||||
| |||||||
1 | reporters or certified voice writer reporters in that | ||||||
2 | jurisdiction were, at the date of the reporter's his | ||||||
3 | certification, substantially equivalent to the requirements in | ||||||
4 | force in
this State on that date.
| ||||||
5 | Applicants have 3 years from the date of application to | ||||||
6 | complete the
application process. If the process has not been | ||||||
7 | completed in 3
years, the application shall be denied, the fee | ||||||
8 | forfeited and the
applicant must reapply and meet the | ||||||
9 | requirements in effect at the time
of reapplication.
| ||||||
10 | (Source: P.A. 98-445, eff. 12-31-13.)
| ||||||
11 | (225 ILCS 415/23) (from Ch. 111, par. 6223)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
13 | Sec. 23. Grounds for disciplinary action.
| ||||||
14 | (a) The Department may refuse to issue or renew, or may | ||||||
15 | revoke,
suspend, place on probation, reprimand or take other | ||||||
16 | disciplinary
or non-disciplinary action as the Department may | ||||||
17 | deem appropriate, including imposing fines not to
exceed | ||||||
18 | $10,000 for each violation and the assessment of costs as | ||||||
19 | provided for in Section 23.3 of this Act, with regard to any | ||||||
20 | license for any one
or combination of the following:
| ||||||
21 | (1) Material misstatement in furnishing information to | ||||||
22 | the Department;
| ||||||
23 | (2) Violations of this Act, or of the rules | ||||||
24 | promulgated thereunder;
| ||||||
25 | (3) Conviction by plea of guilty or nolo contendere, |
| |||||||
| |||||||
1 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
2 | sentencing of any crime, including, but not limited to, | ||||||
3 | convictions, preceding sentences of supervision, | ||||||
4 | conditional discharge, or first offender probation under | ||||||
5 | the laws of any jurisdiction of the United States: (i) | ||||||
6 | that is a felony or (ii) that is a misdemeanor, an | ||||||
7 | essential element of which is dishonesty, or that is | ||||||
8 | directly related to the practice of the profession;
| ||||||
9 | (4) Fraud or any misrepresentation in applying for or | ||||||
10 | procuring a license under this Act or in connection with | ||||||
11 | applying for renewal of a license under this Act;
| ||||||
12 | (5) Professional incompetence;
| ||||||
13 | (6) Aiding or assisting another person, firm, | ||||||
14 | partnership or corporation
in violating any provision of | ||||||
15 | this Act or rules;
| ||||||
16 | (7) Failing, within 60 days, to provide information in | ||||||
17 | response to a
written request made by the Department;
| ||||||
18 | (8) Engaging in dishonorable, unethical or | ||||||
19 | unprofessional conduct of a
character likely to deceive, | ||||||
20 | defraud or harm the public;
| ||||||
21 | (9) Habitual or excessive use or abuse of drugs | ||||||
22 | defined in law as controlled substances, alcohol, or any | ||||||
23 | other substances that results in the inability to practice | ||||||
24 | with reasonable judgment, skill, or safety;
| ||||||
25 | (10) Discipline by another state, unit of government, | ||||||
26 | government agency, the District of Columbia, a territory,
|
| |||||||
| |||||||
1 | or foreign nation, if at least one of the grounds for the | ||||||
2 | discipline is
the same or substantially equivalent to | ||||||
3 | those set forth herein;
| ||||||
4 | (11) Charging for professional services not rendered, | ||||||
5 | including filing false statements for the collection of | ||||||
6 | fees for which services were not rendered, or giving, | ||||||
7 | directly or indirectly, any gift or anything of value to | ||||||
8 | attorneys or their staff or any other persons or entities | ||||||
9 | associated with any litigation, that exceeds $100 total | ||||||
10 | per year; for the purposes of this Section, pro bono | ||||||
11 | services, as defined by State law, are permissible in any | ||||||
12 | amount;
| ||||||
13 | (12) A finding by the Board that the certificate | ||||||
14 | holder, after having
the holder's his certificate placed | ||||||
15 | on probationary status, has violated the terms of
| ||||||
16 | probation;
| ||||||
17 | (13) Willfully making or filing false records or | ||||||
18 | reports in the practice
of shorthand reporting or in the | ||||||
19 | practice of voice writer reporting , including , but not | ||||||
20 | limited to , false records filed
with State agencies or | ||||||
21 | departments;
| ||||||
22 | (14) Physical illness, including , but not limited to, | ||||||
23 | deterioration through
the aging process , or loss of motor | ||||||
24 | skill which results in the inability
to practice under | ||||||
25 | this Act with reasonable judgment, skill , or safety;
| ||||||
26 | (15) Solicitation of professional services other than |
| |||||||
| |||||||
1 | by permitted
advertising;
| ||||||
2 | (16) Willful failure to take full and accurate | ||||||
3 | stenographic notes of
any proceeding;
| ||||||
4 | (17) Willful alteration of any stenographic notes | ||||||
5 | taken at any proceeding;
| ||||||
6 | (18) Willful failure to accurately transcribe verbatim | ||||||
7 | any stenographic
notes taken at any proceeding;
| ||||||
8 | (19) Willful alteration of a transcript of | ||||||
9 | stenographic notes taken at
any proceeding;
| ||||||
10 | (20) Affixing one's signature to any transcript of his | ||||||
11 | stenographic notes
or certifying to its correctness unless | ||||||
12 | the transcript has been prepared
by him or under his | ||||||
13 | immediate supervision;
| ||||||
14 | (21) Willful failure to systematically retain | ||||||
15 | stenographic notes or transcripts on paper or any | ||||||
16 | electronic media for 10 years
from the date that the notes | ||||||
17 | or transcripts were taken;
| ||||||
18 | (22) Failure to deliver transcripts in a timely manner | ||||||
19 | or in accordance
with contractual agreements;
| ||||||
20 | (23) Establishing contingent fees as a basis of | ||||||
21 | compensation;
| ||||||
22 | (24) Mental illness or disability that results in the | ||||||
23 | inability to practice under this Act with reasonable | ||||||
24 | judgment, skill, or safety; | ||||||
25 | (25) Practicing under a false or assumed name, except | ||||||
26 | as provided by law; |
| |||||||
| |||||||
1 | (26) Cheating on or attempting to subvert the | ||||||
2 | licensing examination administered under this Act; | ||||||
3 | (27) Allowing one's license under this Act to be used | ||||||
4 | by an unlicensed person in violation of this Act. | ||||||
5 | All fines imposed under this Section shall be paid within | ||||||
6 | 60 days after the effective date of the order imposing the fine | ||||||
7 | or in accordance with the terms set forth in the order imposing | ||||||
8 | the fine. | ||||||
9 | (b) The determination by a circuit court that a | ||||||
10 | certificate holder is
subject to involuntary admission or | ||||||
11 | judicial admission as provided in the
Mental Health and | ||||||
12 | Developmental Disabilities Code, operates as an automatic
| ||||||
13 | suspension. Such suspension will end only upon a
finding by a | ||||||
14 | court that the patient is no longer subject to involuntary
| ||||||
15 | admission or judicial admission, an order by the court so | ||||||
16 | finding and
discharging the patient. In any case where a | ||||||
17 | license is suspended under this Section, the licensee may file | ||||||
18 | a petition for restoration and shall include evidence | ||||||
19 | acceptable to the Department that the licensee can resume | ||||||
20 | practice in compliance with acceptable and prevailing | ||||||
21 | standards of the profession.
| ||||||
22 | (c) In cases where the Department of Healthcare and Family | ||||||
23 | Services has previously determined a licensee or a potential | ||||||
24 | licensee is more than 30 days delinquent in the payment of | ||||||
25 | child support and has subsequently certified the delinquency | ||||||
26 | to the Department, the Department may refuse to issue or renew |
| |||||||
| |||||||
1 | or may revoke or suspend that person's license or may take | ||||||
2 | other disciplinary action against that person based solely | ||||||
3 | upon the certification of delinquency made by the Department | ||||||
4 | of Healthcare and Family Services in accordance with item (5) | ||||||
5 | of subsection (a) of Section 2105-15 of the Civil | ||||||
6 | Administrative Code of Illinois. | ||||||
7 | (d) In enforcing this Section, the Department, upon a | ||||||
8 | showing of a possible violation, may compel any individual who | ||||||
9 | is certified under this Act or any individual who has applied | ||||||
10 | for certification under this Act to submit to a mental or | ||||||
11 | physical examination and evaluation, or both, which may | ||||||
12 | include a substance abuse or sexual offender evaluation, at | ||||||
13 | the expense of the Department. The Department shall | ||||||
14 | specifically designate the examining physician licensed to | ||||||
15 | practice medicine in all of its branches or, if applicable, | ||||||
16 | the multidisciplinary team involved in providing the mental or | ||||||
17 | physical examination and evaluation, or both. The | ||||||
18 | multidisciplinary team shall be led by a physician licensed to | ||||||
19 | practice medicine in all of its branches and may consist of one | ||||||
20 | or more or a combination of physicians licensed to practice | ||||||
21 | medicine in all of its branches, licensed chiropractic | ||||||
22 | physicians, licensed clinical psychologists, licensed clinical | ||||||
23 | social workers, licensed clinical professional counselors, and | ||||||
24 | other professional and administrative staff. Any examining | ||||||
25 | physician or member of the multidisciplinary team may require | ||||||
26 | any person ordered to submit to an examination and evaluation |
| |||||||
| |||||||
1 | pursuant to this Section to submit to any additional | ||||||
2 | supplemental testing deemed necessary to complete any | ||||||
3 | examination or evaluation process, including, but not limited | ||||||
4 | to, blood testing, urinalysis, psychological testing, or | ||||||
5 | neuropsychological testing. | ||||||
6 | The Department may order the examining physician or any | ||||||
7 | member of the multidisciplinary team to provide to the | ||||||
8 | Department any and all records, including business records, | ||||||
9 | that relate to the examination and evaluation, including any | ||||||
10 | supplemental testing performed. The Department may order the | ||||||
11 | examining physician or any member of the multidisciplinary | ||||||
12 | team to present testimony concerning this examination and | ||||||
13 | evaluation of the certified shorthand reporter , certified | ||||||
14 | voice writer reporter, or applicant, including testimony | ||||||
15 | concerning any supplemental testing or documents relating to | ||||||
16 | the examination and evaluation. No information, report, | ||||||
17 | record, or other documents in any way related to the | ||||||
18 | examination and evaluation shall be excluded by reason of any | ||||||
19 | common law or statutory privilege relating to communication | ||||||
20 | between the licensee or applicant and the examining physician | ||||||
21 | or any member of the multidisciplinary team. No authorization | ||||||
22 | is necessary from the certified shorthand reporter , certified | ||||||
23 | voice writer reporter, or applicant ordered to undergo an | ||||||
24 | evaluation and examination for the examining physician or any | ||||||
25 | member of the multidisciplinary team to provide information, | ||||||
26 | reports, records, or other documents or to provide any |
| |||||||
| |||||||
1 | testimony regarding the examination and evaluation. The | ||||||
2 | individual to be examined may have, at his or her own expense, | ||||||
3 | another physician of his or her choice present during all | ||||||
4 | aspects of the examination. | ||||||
5 | Failure of any individual to submit to mental or physical | ||||||
6 | examination and evaluation, or both, when directed, shall | ||||||
7 | result in an automatic suspension, without hearing, until such | ||||||
8 | time as the individual submits to the examination. If the | ||||||
9 | Department finds a certified shorthand reporter or certified | ||||||
10 | voice writer reporter unable to practice because of the | ||||||
11 | reasons set forth in this Section, the Department shall | ||||||
12 | require the certified shorthand reporter or certified voice | ||||||
13 | writer reporter to submit to care, counseling, or treatment by | ||||||
14 | physicians approved or designated by the Department, as a | ||||||
15 | condition for continued, reinstated, or renewed certification. | ||||||
16 | When the Secretary immediately suspends a certificate | ||||||
17 | under this Section, a hearing upon the person's certificate | ||||||
18 | must be convened by the Department within 15 days after the | ||||||
19 | suspension and completed without appreciable delay. The | ||||||
20 | Department shall have the authority to review the certified | ||||||
21 | shorthand reporter's or certified voice writer reporter's | ||||||
22 | record of treatment and counseling regarding the impairment, | ||||||
23 | to the extent permitted by applicable federal statutes and | ||||||
24 | regulations safeguarding the confidentiality of medical | ||||||
25 | records. | ||||||
26 | Individuals certified under this Act, affected under this |
| |||||||
| |||||||
1 | Section, shall be afforded an opportunity to demonstrate to | ||||||
2 | the Department that they can resume practice in compliance | ||||||
3 | with acceptable and prevailing standards under the provisions | ||||||
4 | of their certification. | ||||||
5 | (e) (Blank). | ||||||
6 | (f) The Department may refuse to issue or may suspend | ||||||
7 | without hearing, as provided for in the Code of Civil | ||||||
8 | Procedure, the license of any person who fails to file a | ||||||
9 | return, to pay the tax, penalty, or interest shown in a filed | ||||||
10 | return, or to pay any final assessment of tax, penalty, or | ||||||
11 | interest as required by any tax Act administered by the | ||||||
12 | Illinois Department of Revenue, until such time as the | ||||||
13 | requirements of any such tax Act are satisfied in accordance | ||||||
14 | with subsection (g) of Section 2105-15 of the Civil | ||||||
15 | Administrative Code of Illinois. | ||||||
16 | (Source: P.A. 100-872, eff. 8-14-18.)
| ||||||
17 | (225 ILCS 415/23.1) (from Ch. 111, par. 6224)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
19 | Sec. 23.1. Injunctive actions; order to cease and desist. | ||||||
20 | (a) If any person violates the provisions of this Act,
the | ||||||
21 | Secretary may, in the name of the People of the State of | ||||||
22 | Illinois, through
the Attorney General of the State of | ||||||
23 | Illinois or the State's Attorney of the county in which the | ||||||
24 | violation is alleged to have occurred, petition for an order | ||||||
25 | enjoining
such violation or for an order enforcing compliance |
| |||||||
| |||||||
1 | with this Act. Upon the
filing of a verified petition in such | ||||||
2 | court, the court may issue a temporary
restraining order, | ||||||
3 | without notice or bond, and may preliminarily and
permanently
| ||||||
4 | enjoin such violation. If it is established that such person | ||||||
5 | has violated
or is violating the injunction, the court may | ||||||
6 | punish the offender for contempt
of court. Proceedings under | ||||||
7 | this Section shall be in addition to, and not
in lieu of, all | ||||||
8 | other remedies and penalties provided by this Act.
| ||||||
9 | (b) If any person practices as a certified shorthand | ||||||
10 | reporter or certified voice writer reporter or holds
himself | ||||||
11 | or herself out as a certified shorthand reporter or certified | ||||||
12 | voice writer reporter without being licensed
under the | ||||||
13 | provisions of this Act then any certified shorthand reporter, | ||||||
14 | any certified voice writer reporter,
any interested party or | ||||||
15 | any person injured thereby may, in addition to the
Secretary, | ||||||
16 | petition for relief as provided in subsection (a).
| ||||||
17 | (c) Whenever in the opinion of the Department any person | ||||||
18 | violates any
provision of this Act, the Department may issue a | ||||||
19 | rule to show cause why
an order to cease and desist should not | ||||||
20 | be entered against that individual. The rule
shall clearly set | ||||||
21 | forth the grounds relied upon by the Department and shall
| ||||||
22 | provide a period of 7 days from the date of the rule to file an | ||||||
23 | answer to
the satisfaction of the Department. Failure to | ||||||
24 | answer to the satisfaction
of the Department shall cause an | ||||||
25 | order to cease and desist to be issued
forthwith.
| ||||||
26 | (Source: P.A. 98-445, eff. 12-31-13.)
|
| |||||||
| |||||||
1 | (225 ILCS 415/23.3) (from Ch. 111, par. 6226)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
3 | Sec. 23.3. Records of proceedings. The Department, at its | ||||||
4 | expense, shall preserve a record
of all proceedings at the | ||||||
5 | formal hearing of any case.
The notice of hearing, complaint | ||||||
6 | and all other documents in the nature of
pleadings and written | ||||||
7 | motions filed in the proceedings, the transcript of
testimony, | ||||||
8 | the report
of the Board and orders of the Department, shall be | ||||||
9 | the record of such
proceeding. Any certified shorthand | ||||||
10 | reporter or certified voice writer reporter who is found to | ||||||
11 | have violated this Act or who fails to appear for a hearing to | ||||||
12 | refuse to issue, restore, or renew a license or to discipline a | ||||||
13 | licensee may be required by the Department to pay for the costs | ||||||
14 | of the proceeding. These costs are limited to costs for court | ||||||
15 | reporters, transcripts, and witness attendance and mileage | ||||||
16 | fees. All costs imposed under this Section shall be paid | ||||||
17 | within 60 days after the effective date of the order imposing | ||||||
18 | the fine.
| ||||||
19 | (Source: P.A. 98-445, eff. 12-31-13.)
| ||||||
20 | (225 ILCS 415/23.4) (from Ch. 111, par. 6227)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
22 | Sec. 23.4. Subpoenas; oaths. The Department may subpoena | ||||||
23 | and bring
before it any person and to take the oral or written | ||||||
24 | testimony or compel the production of any books, papers, |
| |||||||
| |||||||
1 | records, or any other documents that the Secretary or his or | ||||||
2 | her designee deems relevant or material to an investigation or | ||||||
3 | hearing conducted by the Department with the same fees and | ||||||
4 | mileage and in the same manner
as prescribed by law in judicial | ||||||
5 | procedure in civil cases in courts of this
State.
| ||||||
6 | The Secretary, the designated hearing officer, any member | ||||||
7 | of the Board, or a certified shorthand court reporter or a | ||||||
8 | certified voice writer reporter may have power to administer | ||||||
9 | oaths at any hearing which the
Department conducts. | ||||||
10 | Notwithstanding any other statute or Department rule to the | ||||||
11 | contrary, all requests for testimony and production of | ||||||
12 | documents or records shall be in accordance with this Act.
| ||||||
13 | (Source: P.A. 98-445, eff. 12-31-13.)
| ||||||
14 | (225 ILCS 415/23.13) (from Ch. 111, par. 6236)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
16 | Sec. 23.13. Summary suspension. The Secretary may | ||||||
17 | summarily suspend the certificate of
a certified shorthand | ||||||
18 | reporter or a certified voice writer reporter without a | ||||||
19 | hearing, simultaneously with the
institution of proceedings | ||||||
20 | for a hearing provided for in Section 23.2 of
this Act, if the | ||||||
21 | Secretary finds that the evidence indicates
that a certified | ||||||
22 | shorthand reporter's or a certified voice writer reporter's | ||||||
23 | continuation in practice would constitute
an imminent danger | ||||||
24 | to the public. In the event that the Secretary summarily
| ||||||
25 | suspends
the certificate of a certified shorthand reporter or |
| |||||||
| |||||||
1 | a certified voice writer reporter without a hearing, a
hearing | ||||||
2 | shall be commenced within 30 days after such suspension has
| ||||||
3 | occurred and shall be concluded as expeditiously as possible.
| ||||||
4 | (Source: P.A. 98-445, eff. 12-31-13.)
| ||||||
5 | (225 ILCS 415/25) (from Ch. 111, par. 6241)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
7 | Sec. 25. Home rule. The regulation and licensing of a | ||||||
8 | shorthand reporter or a voice writer reporter are exclusive | ||||||
9 | powers and functions of the State. A home rule unit may not | ||||||
10 | regulate or license a shorthand reporter or the practice of | ||||||
11 | shorthand reporting or regulate or license a voice writer | ||||||
12 | reporter or the practice of voice writer reporting . This | ||||||
13 | Section is a denial and limitation of home rule powers and | ||||||
14 | functions under subsection (h) of Section 6 of Article VII of | ||||||
15 | the Illinois Constitution.
| ||||||
16 | (Source: P.A. 98-445, eff. 12-31-13.)
| ||||||
17 | (225 ILCS 415/26) (from Ch. 111, par. 6242)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
19 | Sec. 26.
Every shorthand reporter and voice writer | ||||||
20 | reporter shall print his or her name
and license or restricted | ||||||
21 | license number on each transcript reported.
| ||||||
22 | (Source: P.A. 87-481; 87-576 .)
| ||||||
23 | (225 ILCS 415/26.1)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
2 | Sec. 26.1. Responsibility for notes. It is the licensee's | ||||||
3 | responsibility to
preserve the licensee's his or her shorthand | ||||||
4 | notes or voice writer notes for a period of no less than 10 | ||||||
5 | years from the date that the notes or transcripts were taken, | ||||||
6 | except as otherwise prescribed by law, through storage
of the | ||||||
7 | original paper
notes or an electronic copy of either the | ||||||
8 | shorthand notes , voice writer notes, or the English
transcript | ||||||
9 | of the notes on computer disks, cassettes, backup tape | ||||||
10 | systems,
optical or laser disk systems, or other retrieval | ||||||
11 | systems available at the time that the notes or transcripts | ||||||
12 | were taken.
| ||||||
13 | (Source: P.A. 98-445, eff. 12-31-13.)
| ||||||
14 | (225 ILCS 415/27) (from Ch. 111, par. 6243)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
16 | Sec. 27.
As a condition for renewal of a license, | ||||||
17 | licensees shall be required to complete continuing education | ||||||
18 | in accordance with rules established by the Department.
| ||||||
19 | Persons employed as full time court reporters under the | ||||||
20 | Court Reporters
Act may apply for a waiver from the continuing | ||||||
21 | education requirements. The
waiver shall be granted upon the | ||||||
22 | submission of evidence satisfactory to the
Department that the | ||||||
23 | certified shorthand reporter or certified voice writer | ||||||
24 | reporter is employed as a full time
court reporter under the | ||||||
25 | Court Reporters Act.
|
| |||||||
| |||||||
1 | (Source: P.A. 98-445, eff. 12-31-13.)
| ||||||
2 | (225 ILCS 415/28)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
4 | Sec. 28. Payment for services. A person certified under | ||||||
5 | this Act may hold an attorney, firm, or
any other entity | ||||||
6 | personally responsible for payment of shorthand reporting
| ||||||
7 | services or voice writer reporting services rendered at the | ||||||
8 | request of that attorney, firm, or entity.
| ||||||
9 | (Source: P.A. 90-295, eff. 8-1-97 .)
| ||||||
10 | Section 100. The Illinois Public Accounting Act is amended | ||||||
11 | by changing Section 20.2 as follows:
| ||||||
12 | (225 ILCS 450/20.2) (from Ch. 111, par. 5523)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
14 | Sec. 20.2. Subpoenas; depositions; oaths. | ||||||
15 | (a) The Department may subpoena and bring before it any
| ||||||
16 | person to take the oral or written testimony or compel the | ||||||
17 | production of any books, papers, records, or any other | ||||||
18 | documents that the Secretary or his or her designee deems | ||||||
19 | relevant or material to any investigation or hearing conducted | ||||||
20 | by the Department with the same fees and mileage as prescribed | ||||||
21 | in
civil cases in circuit
courts of this State and in the same | ||||||
22 | manner as prescribed by this Act and its rules.
| ||||||
23 | (b) The Secretary, any member of the Committee designated |
| |||||||
| |||||||
1 | by the Secretary, a certified shorthand reporter or certified | ||||||
2 | voice writer reporter , or any hearing officer appointed may | ||||||
3 | administer oaths at any hearing which the Department conducts. | ||||||
4 | Notwithstanding any statute or Department rule to the | ||||||
5 | contrary, all requests for testimony, production of documents, | ||||||
6 | or records shall be in accordance with this Act.
| ||||||
7 | (Source: P.A. 98-254, eff. 8-9-13.)
| ||||||
8 | Section 105. The Real Estate Appraiser Licensing Act of | ||||||
9 | 2002 is amended by changing Section 15-15 as follows:
| ||||||
10 | (225 ILCS 458/15-15)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
12 | Sec. 15-15. Investigation; notice; hearing.
| ||||||
13 | (a) Upon the motion of the Department
or the Board or
upon | ||||||
14 | a complaint in
writing of a person setting forth facts that, if | ||||||
15 | proven, would constitute
grounds for suspension, revocation,
| ||||||
16 | or other disciplinary action against a licensee or applicant | ||||||
17 | for licensure, the Department
shall investigate the actions of | ||||||
18 | the licensee or applicant. If, upon investigation, the | ||||||
19 | Department believes that there may be cause for suspension, | ||||||
20 | revocation, or other disciplinary action, the Department shall | ||||||
21 | use the services of a State certified general real estate | ||||||
22 | appraiser, a State certified residential real estate | ||||||
23 | appraiser, or the Coordinator to assist in determining whether | ||||||
24 | grounds for disciplinary action exist prior to commencing |
| |||||||
| |||||||
1 | formal disciplinary proceedings.
| ||||||
2 | (b) Formal disciplinary proceedings shall commence upon | ||||||
3 | the issuance of a
written complaint
describing the charges | ||||||
4 | that are the basis of the disciplinary action and
delivery of | ||||||
5 | the detailed complaint to the address of
record of the | ||||||
6 | licensee or applicant. For an associate real estate trainee | ||||||
7 | appraiser, a copy shall also be sent to the licensee's | ||||||
8 | supervising appraiser of record. The Department
shall notify | ||||||
9 | the licensee or
applicant
to file a verified written
answer | ||||||
10 | within 20 days after the service of the notice and complaint.
| ||||||
11 | The
notification shall inform the licensee or applicant of the
| ||||||
12 | right to be heard in person or by
legal counsel; that the | ||||||
13 | hearing will be afforded not sooner than 20 days after
service
| ||||||
14 | of the complaint; that failure to file an answer will result in | ||||||
15 | a default being
entered against the licensee or applicant;
| ||||||
16 | that the license may be suspended, revoked, or placed on
| ||||||
17 | probationary status; and that other
disciplinary action may be | ||||||
18 | taken pursuant to this Act, including limiting the
scope, | ||||||
19 | nature, or extent of the licensee's
practice. If the licensee | ||||||
20 | or applicant fails to file an answer after service of
notice, | ||||||
21 | the respective license may,
at the discretion of the | ||||||
22 | Department, be suspended,
revoked, or placed on probationary
| ||||||
23 | status and the Department
may take whatever disciplinary
| ||||||
24 | action it deems proper,
including limiting the scope, nature, | ||||||
25 | or extent of the person's practice,
without a hearing.
| ||||||
26 | (c) At the time and place fixed in the notice, the Board |
| |||||||
| |||||||
1 | shall conduct
hearing of the charges, providing
both the | ||||||
2 | accused person and the complainant ample opportunity to | ||||||
3 | present in
person
or by counsel such statements, testimony, | ||||||
4 | evidence, and argument as may be
pertinent to the charges or
to | ||||||
5 | a defense thereto.
| ||||||
6 | (d) The Board shall present to the Secretary
a written | ||||||
7 | report of its
findings of fact and
recommendations. A copy of | ||||||
8 | the report shall be served upon the licensee or
applicant,
| ||||||
9 | either personally, by
mail, or, at the discretion of the | ||||||
10 | Department, by electronic means. For associate real estate | ||||||
11 | trainee appraisers, a copy shall also be sent to the | ||||||
12 | licensee's supervising appraiser of record. Within 20 days | ||||||
13 | after the service, the licensee or applicant may present
the | ||||||
14 | Secretary
with a motion in writing
for a rehearing and shall
| ||||||
15 | specify the particular grounds for the request. If the accused | ||||||
16 | orders a
transcript of the record
as provided in this Act, the | ||||||
17 | time elapsing thereafter and before the transcript
is ready | ||||||
18 | for delivery to the
accused shall not be counted as part of the | ||||||
19 | 20 days. If the Secretary
is
not satisfied that
substantial | ||||||
20 | justice has been done, the Secretary
may order a rehearing by
| ||||||
21 | the Board or other
special committee appointed by the | ||||||
22 | Secretary, may remand the matter to the
Board for its
| ||||||
23 | reconsideration of the matter based on the pleadings and | ||||||
24 | evidence presented to
the Board, or may enter
a final order in | ||||||
25 | contravention of the Board's recommendation. Notwithstanding a | ||||||
26 | licensee's or applicant's failure to file a motion for |
| |||||||
| |||||||
1 | rehearing, the Secretary
shall have the right to take any of
| ||||||
2 | the actions specified in this
subsection (d). Upon the | ||||||
3 | suspension or revocation of a license, the licensee
shall
be | ||||||
4 | required to surrender the respective license to the | ||||||
5 | Department, and upon failure or refusal to do so, the | ||||||
6 | Department
shall have
the right to seize the
license.
| ||||||
7 | (e) The Department
has the power to issue subpoenas and
| ||||||
8 | subpoenas duces tecum
to bring before it any person in this | ||||||
9 | State, to take testimony, or to require
production of any | ||||||
10 | records
relevant to an inquiry or hearing by the Board in the | ||||||
11 | same manner as prescribed
by law in judicial
proceedings in | ||||||
12 | the courts of this State. In a case of refusal of a witness to
| ||||||
13 | attend, testify, or to produce
books or papers concerning a | ||||||
14 | matter upon which the witness might be lawfully
examined, the | ||||||
15 | circuit court
of the county where the hearing is held, upon | ||||||
16 | application of the Department
or any
party to the proceeding, | ||||||
17 | may compel obedience by proceedings as for contempt.
| ||||||
18 | (f) Any license that is revoked may not be
restored for a | ||||||
19 | minimum period
of 3 years.
| ||||||
20 | (g) In addition to the provisions of this Section | ||||||
21 | concerning the conduct of
hearings and the
recommendations for | ||||||
22 | discipline, the Department
has the authority to negotiate
| ||||||
23 | disciplinary and non-disciplinary
settlement agreements | ||||||
24 | concerning any license issued under this Act. All such
| ||||||
25 | agreements shall be
recorded as Consent Orders or Consent to | ||||||
26 | Administrative Supervision Orders.
|
| |||||||
| |||||||
1 | (h) The Secretary
shall have the authority to appoint an | ||||||
2 | attorney duly
licensed to practice law in the
State of | ||||||
3 | Illinois to serve as the hearing officer in any action to | ||||||
4 | suspend,
revoke, or otherwise discipline
any license issued by | ||||||
5 | the Department. The Hearing Officer
shall have full authority
| ||||||
6 | to conduct the hearing.
| ||||||
7 | (i) The Department, at its expense, shall preserve a | ||||||
8 | record of all formal hearings of
any contested case involving
| ||||||
9 | the discipline of a license. At all hearings or pre-hearing | ||||||
10 | conferences, the Department
and the licensee shall be
entitled | ||||||
11 | to have the proceedings transcribed by a certified shorthand | ||||||
12 | reporter or certified voice writer reporter .
A copy of the | ||||||
13 | transcribed
proceedings shall be made available to the | ||||||
14 | licensee by the certified shorthand
reporter or certified | ||||||
15 | voice writer reporter upon payment of
the prevailing contract | ||||||
16 | copy rate.
| ||||||
17 | (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
| ||||||
18 | Section 110. The Animal Welfare Act is amended by changing | ||||||
19 | Section 15 as follows:
| ||||||
20 | (225 ILCS 605/15) (from Ch. 8, par. 315)
| ||||||
21 | Sec. 15.
Any person affected by a final administrative | ||||||
22 | decision of
the Department may have such decision reviewed | ||||||
23 | judicially by the circuit
court of the county wherein such | ||||||
24 | person resides, or in the case of a
corporation, wherein the |
| |||||||
| |||||||
1 | registered office is located. If the plaintiff
in the review | ||||||
2 | proceeding is not a resident of this state, the venue
shall be | ||||||
3 | in Sangamon County. The provisions of the Administrative | ||||||
4 | Review
Law, and all amendments and modifications
thereof, and | ||||||
5 | the rules adopted pursuant thereto, shall apply to and
govern | ||||||
6 | all proceedings for the judicial review of final | ||||||
7 | administrative
decisions of the Department hereunder. The term | ||||||
8 | "administrative
decision" is defined as in Section 3-101 of | ||||||
9 | the Code of Civil Procedure.
| ||||||
10 | The Department shall not be required to certify the record | ||||||
11 | of the
proceeding unless the plaintiff in the review | ||||||
12 | proceedings has purchased
a copy from the certified shorthand | ||||||
13 | reporter or certified voice writer reporter who prepared the | ||||||
14 | record. Exhibits
shall be certified without cost.
| ||||||
15 | (Source: P.A. 82-783.)
| ||||||
16 | Section 115. The Liquor Control Act of 1934 is amended by | ||||||
17 | changing Section 7-9 as follows:
| ||||||
18 | (235 ILCS 5/7-9) (from Ch. 43, par. 153)
| ||||||
19 | Sec. 7-9.
Except as provided in this Section, any order or | ||||||
20 | action of a
local liquor control commissioner levying a fine | ||||||
21 | or refusing to levy a fine
on a licensee, granting or refusing | ||||||
22 | to grant a license,
revoking or suspending or refusing to | ||||||
23 | revoke or suspend a license or
refusing for more than 30 days | ||||||
24 | to grant a hearing upon a complaint to
revoke or suspend a |
| |||||||
| |||||||
1 | license may, within 20 days after notice of such
order or | ||||||
2 | action, be appealed by any resident of the political
| ||||||
3 | subdivision under the jurisdiction of the local liquor control
| ||||||
4 | commissioner or any person interested, to the State | ||||||
5 | Commission.
| ||||||
6 | In any case where a licensee appeals to the State | ||||||
7 | Commission from an
order or action of the local liquor control | ||||||
8 | commission having the effect of
suspending or revoking a | ||||||
9 | license, denying a renewal application, or
refusing to grant a | ||||||
10 | license, the licensee shall resume the operation of the
| ||||||
11 | licensed business pending the decision of the State Commission | ||||||
12 | and the
expiration of the time allowed for an application for | ||||||
13 | rehearing. If an
application for rehearing is filed, the | ||||||
14 | licensee shall continue the
operation of the licensed business | ||||||
15 | until the denial of the application or,
if the rehearing is | ||||||
16 | granted, until the decision on rehearing.
| ||||||
17 | In any case in which a licensee appeals to the State | ||||||
18 | Commission a
suspension or revocation by a local liquor | ||||||
19 | control commissioner that is the
second or subsequent such | ||||||
20 | suspension or revocation placed on that licensee
within the | ||||||
21 | preceding 12 month period, the licensee shall
consider the | ||||||
22 | suspension or revocation to be in effect until a reversal of
| ||||||
23 | the local liquor control commissioner's action has been issued | ||||||
24 | by the State
Commission and shall cease all activity otherwise | ||||||
25 | authorized by the
license. The State Commission shall | ||||||
26 | expedite, to the greatest extent
possible, its consideration |
| |||||||
| |||||||
1 | of any appeal that is an appeal of a second or
subsequent | ||||||
2 | suspension or revocation within the past 12 month period.
| ||||||
3 | The appeal shall be limited to a review of the official | ||||||
4 | record of the
proceedings of such local liquor control | ||||||
5 | commissioner if the county board,
city council or board of | ||||||
6 | trustees, as the case may be,
has adopted a resolution | ||||||
7 | requiring that such review be on the record. If such
| ||||||
8 | resolution is adopted, a certified official record of the | ||||||
9 | proceedings
taken and prepared by a certified court reporter , | ||||||
10 | or certified shorthand
reporter , or certified voice writer | ||||||
11 | reporter shall be filed by the local liquor control | ||||||
12 | commissioner within 5
days after notice of the filing of such | ||||||
13 | appeal, if the appellant licensee
pays for the cost of the | ||||||
14 | transcript.
The State Commission
shall
review the propriety of | ||||||
15 | the order or action of the local liquor control
commissioner | ||||||
16 | and shall consider the following questions:
| ||||||
17 | (a) whether the local liquor control commissioner has | ||||||
18 | proceeded in
the manner provided by law;
| ||||||
19 | (b) whether the order is supported by the findings;
| ||||||
20 | (c) whether the findings are supported by substantial | ||||||
21 | evidence in
the light of the whole record.
| ||||||
22 | The only evidence which may be considered in the review, | ||||||
23 | shall be the
evidence found in the certified official record | ||||||
24 | of the proceedings of
the local liquor control commissioner. | ||||||
25 | No new or additional evidence
shall be admitted or considered. | ||||||
26 | The State Commission shall render a
decision affirming, |
| |||||||
| |||||||
1 | reversing or modifying the order or action reviewed
within 30 | ||||||
2 | days after the appeal was heard.
| ||||||
3 | In the event such appeal is from an order of a local liquor | ||||||
4 | control
commissioner of a city, village or incorporated town | ||||||
5 | of 500,000 or more
inhabitants, granting or refusing to grant | ||||||
6 | a license or refusing for
more than 30 days to grant a hearing | ||||||
7 | upon a complaint to revoke or
suspend a license, the matter of | ||||||
8 | the propriety of such order or action
shall be tried de novo by | ||||||
9 | the license appeal commission as expeditiously
as | ||||||
10 | circumstances permit.
| ||||||
11 | In the event such appeal is from an order or action of a | ||||||
12 | local liquor
control commissioner of a city, village or | ||||||
13 | incorporated town of 500,000
or more inhabitants, imposing a | ||||||
14 | fine or refusing to impose a fine on a
licensee, revoking or | ||||||
15 | suspending or refusing to revoke or
suspend a license, the | ||||||
16 | license appeal commission shall determine the
appeal by a | ||||||
17 | review of the official record of the proceedings of such
local | ||||||
18 | liquor control commissioner. A certified record of the | ||||||
19 | proceedings
shall be promptly filed with the license appeal | ||||||
20 | commission by such local
liquor
control commissioner after | ||||||
21 | notice of the filing of such
appeal if the appellant licensee | ||||||
22 | pays for the cost of the transcript
and promptly delivers the | ||||||
23 | transcript to
the local liquor control commission or its | ||||||
24 | attorney.
The review by the license appeal commission shall be | ||||||
25 | limited to
the questions:
| ||||||
26 | (a) whether the local liquor control commissioner has |
| |||||||
| |||||||
1 | proceeded in
the manner provided by law;
| ||||||
2 | (b) whether the order is supported by the findings;
| ||||||
3 | (c) whether the findings are supported by substantial | ||||||
4 | evidence in
the light of the whole record.
| ||||||
5 | No new or additional evidence in support
of or in opposition to | ||||||
6 | such order or action under appeal shall be
received other than | ||||||
7 | that contained in such record of the proceedings.
Within 30 | ||||||
8 | days after such appeal was heard,
the license appeal
| ||||||
9 | commission shall render its decision in accordance with the | ||||||
10 | provisions
of Section 7-5.
| ||||||
11 | In cities, villages and incorporated towns having a | ||||||
12 | population of
500,000 or more inhabitants, appeals from any | ||||||
13 | order or action shall lie
to the license appeal commission of | ||||||
14 | such city, village or incorporated
town. All of the provisions | ||||||
15 | of this Section and Section 7-10 relative
to proceedings upon | ||||||
16 | appeals before the State Commission
and relative to appeals | ||||||
17 | from the decisions of the State Commission shall
apply also to | ||||||
18 | proceedings upon appeals before any license appeal
commission | ||||||
19 | and appeals from the decisions of license appeal commission.
| ||||||
20 | In any trial de novo hearing before the State Commission | ||||||
21 | or license
appeal commission, the local liquor control | ||||||
22 | commissioner shall be
entitled to 10 days notice and to be | ||||||
23 | heard. All such trial de novo
hearings shall be open to the | ||||||
24 | public and the Illinois Liquor Control
Commission and the | ||||||
25 | license appeal commission shall reduce all evidence
offered | ||||||
26 | thereto to writing.
|
| |||||||
| |||||||
1 | If after trial de novo hearing or review as provided | ||||||
2 | herein, the
State Commission or the license appeal commission | ||||||
3 | (as the case may be)
shall decide that the license has been | ||||||
4 | improperly issued, denied,
revoked, suspended or refused to be | ||||||
5 | revoked or suspended or a hearing to
revoke or suspend has been | ||||||
6 | improperly refused or that the licensee has been
improperly | ||||||
7 | fined or not fined, it shall enter an order
in conformity with | ||||||
8 | such findings, which order shall be in writing.
| ||||||
9 | A certified copy of the order shall be transmitted to the | ||||||
10 | particular
local liquor control commissioner and it shall be | ||||||
11 | the duty of the local
liquor control commissioner to take such | ||||||
12 | action as may be necessary to
conform with the order.
| ||||||
13 | In any trial de novo hearing before the State Commission | ||||||
14 | or the
license appeal commission, the licensee shall submit to | ||||||
15 | examination and
produce books and records material to the | ||||||
16 | business conducted under the
license in like manner as before | ||||||
17 | the local liquor control commissioner,
and the failure of the | ||||||
18 | licensee to submit to such an examination or to
produce such | ||||||
19 | books and records, or to appear at the hearing on such
appeal, | ||||||
20 | shall constitute an admission that he has violated the
| ||||||
21 | provisions of this Act. In the event the appeal is from an | ||||||
22 | order of the
local liquor control commissioner
denying a | ||||||
23 | renewal application, the
licensee shall have on deposit with | ||||||
24 | the local liquor control
commissioner an amount sufficient to | ||||||
25 | cover the license fee for the
renewal period and any bond that | ||||||
26 | may be required.
|
| |||||||
| |||||||
1 | (Source: P.A. 88-613, eff. 1-1-95.)
| ||||||
2 | Section 120. The Salvage Warehouse and Salvage Warehouse | ||||||
3 | Store Act is amended by changing Section 10 as follows:
| ||||||
4 | (240 ILCS 30/10) (from Ch. 114, par. 410)
| ||||||
5 | Sec. 10.
The Department, at its expense, shall provide a | ||||||
6 | stenographer
to take down the testimony and preserve a record | ||||||
7 | of all proceedings at
the hearing of any case involving the | ||||||
8 | refusal to issue or renew, or the
suspension or revocation of a | ||||||
9 | license. The notice of hearing, complaint
and all other | ||||||
10 | documents in the nature of pleadings and written motions
filed | ||||||
11 | in the proceedings, the transcript of testimony, and orders of | ||||||
12 | the
Department shall be the record of such proceedings. Any | ||||||
13 | interested person
may purchase a copy of the transcript of the | ||||||
14 | record from the certified shorthand
reporter or certified | ||||||
15 | voice writer reporter who prepared the record.
| ||||||
16 | In any case involving the refusal to issue or renew or the | ||||||
17 | suspension
or revocation of a license, a copy of the | ||||||
18 | Department's report shall be
served upon the respondent by the | ||||||
19 | Department, either personally or by
registered or certified | ||||||
20 | mail as provided in this Act for the service of
the notice of | ||||||
21 | hearing. Within 20 days after such service, the respondent
may | ||||||
22 | present to the Department a motion in writing for a rehearing, | ||||||
23 | which
written motion shall specify the particular grounds | ||||||
24 | therefor. If no
motion for rehearing is filed, then upon the |
| |||||||
| |||||||
1 | expiration of the time
specified for filing such a motion, or | ||||||
2 | if a motion for rehearing is
denied, then upon such denial, the | ||||||
3 | Director may enter an order. If the
respondent shall order and | ||||||
4 | pay for a transcript of the record within the
time for filing a | ||||||
5 | motion for rehearing, the 20 day period within which
such a | ||||||
6 | motion may be filed shall commence upon the delivery of the
| ||||||
7 | transcript to the respondent.
| ||||||
8 | (Source: P.A. 81-750.)
| ||||||
9 | Section 125. The Court Reporters Act is amended by | ||||||
10 | changing Section 5 as follows:
| ||||||
11 | (705 ILCS 70/5) (from Ch. 37, par. 655)
| ||||||
12 | Sec. 5. Means of reporting; transcripts.
The court | ||||||
13 | reporter shall make a full reporting by means of stenographic
| ||||||
14 | notes or voice writer reporting of the evidence and such
other | ||||||
15 | proceedings in trials and judicial proceedings to which he or | ||||||
16 | she is
assigned by the chief judge, and the court reporter may | ||||||
17 | use an electronic
instrument as a supplementary device. In the | ||||||
18 | event that the court
utilizes an audio or video recording | ||||||
19 | system approved by the Supreme Court to record the | ||||||
20 | proceedings, a
court reporting services employee shall be in | ||||||
21 | charge of such system. To the extent that
it does not | ||||||
22 | substantially interfere with the court reporter's other | ||||||
23 | official duties,
a reporter may be
assigned to secretarial or | ||||||
24 | clerical duties arising
out of official court operations.
|
| |||||||
| |||||||
1 | A court reporting services employee may charge a page rate | ||||||
2 | for the preparation of transcripts of court proceedings not to | ||||||
3 | exceed the rate set by the employer representative in the | ||||||
4 | Uniform Schedule of Charges for Transcripts.
| ||||||
5 | (Source: P.A. 101-581, eff. 1-1-20 .)
| ||||||
6 | Section 130. The Unified Code of Corrections is amended by | ||||||
7 | changing Section 5-5-5 as follows:
| ||||||
8 | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
| ||||||
9 | Sec. 5-5-5. Loss and restoration of rights.
| ||||||
10 | (a) Conviction and disposition shall not entail the loss | ||||||
11 | by the
defendant of any civil rights, except under this | ||||||
12 | Section and Sections 29-6
and 29-10 of The Election Code, as | ||||||
13 | now or hereafter amended.
| ||||||
14 | (b) A person convicted of a felony shall be ineligible to | ||||||
15 | hold an office
created by the Constitution of this State until | ||||||
16 | the completion of his sentence.
| ||||||
17 | (c) A person sentenced to imprisonment shall lose his | ||||||
18 | right to vote
until released from imprisonment.
| ||||||
19 | (d) On completion of sentence of imprisonment or upon | ||||||
20 | discharge from
probation, conditional discharge or periodic | ||||||
21 | imprisonment, or at any time
thereafter, all license rights | ||||||
22 | and privileges
granted under the authority of this State which | ||||||
23 | have been revoked or
suspended because of conviction of an | ||||||
24 | offense shall be restored unless the
authority having |
| |||||||
| |||||||
1 | jurisdiction of such license rights finds after
investigation | ||||||
2 | and hearing that restoration is not in the public interest.
| ||||||
3 | This paragraph (d) shall not apply to the suspension or | ||||||
4 | revocation of a
license to operate a motor vehicle under the | ||||||
5 | Illinois Vehicle Code.
| ||||||
6 | (e) Upon a person's discharge from incarceration or | ||||||
7 | parole, or upon a
person's discharge from probation or at any | ||||||
8 | time thereafter, the committing
court may enter an order | ||||||
9 | certifying that the sentence has been
satisfactorily completed | ||||||
10 | when the court believes it would assist in the
rehabilitation | ||||||
11 | of the person and be consistent with the public welfare.
Such | ||||||
12 | order may be entered upon the motion of the defendant or the | ||||||
13 | State or
upon the court's own motion.
| ||||||
14 | (f) Upon entry of the order, the court shall issue to the | ||||||
15 | person in
whose favor the order has been entered a certificate | ||||||
16 | stating that his
behavior after conviction has warranted the | ||||||
17 | issuance of the order.
| ||||||
18 | (g) This Section shall not affect the right of a defendant | ||||||
19 | to
collaterally attack his conviction or to rely on it in bar | ||||||
20 | of subsequent
proceedings for the same offense.
| ||||||
21 | (h) No application for any license specified in subsection | ||||||
22 | (i) of this
Section granted under the
authority of this State | ||||||
23 | shall be denied by reason of an eligible offender who
has | ||||||
24 | obtained a certificate of relief from disabilities, as
defined | ||||||
25 | in Article 5.5 of this Chapter, having been previously | ||||||
26 | convicted of one
or more
criminal offenses, or by reason of a |
| |||||||
| |||||||
1 | finding of lack of "good moral
character" when the finding is | ||||||
2 | based upon the fact that the applicant has
previously been | ||||||
3 | convicted of one or more criminal offenses, unless:
| ||||||
4 | (1) there is a direct relationship between one or more | ||||||
5 | of the previous
criminal offenses and the specific license | ||||||
6 | sought; or
| ||||||
7 | (2) the issuance of the license would
involve an | ||||||
8 | unreasonable risk to property or to the safety or welfare | ||||||
9 | of
specific individuals or the general public.
| ||||||
10 | In making such a determination, the licensing agency shall | ||||||
11 | consider the
following factors:
| ||||||
12 | (1) the public policy of this State, as expressed in | ||||||
13 | Article 5.5 of this
Chapter, to encourage the licensure | ||||||
14 | and employment of persons previously
convicted of one or | ||||||
15 | more criminal offenses;
| ||||||
16 | (2) the specific duties and responsibilities | ||||||
17 | necessarily related to the
license being sought;
| ||||||
18 | (3) the bearing, if any, the criminal offenses or | ||||||
19 | offenses for which the
person
was previously convicted | ||||||
20 | will have on his or her fitness or ability to perform
one | ||||||
21 | or
more such duties and responsibilities;
| ||||||
22 | (4) the time which has elapsed since the occurrence of | ||||||
23 | the criminal
offense or offenses;
| ||||||
24 | (5) the age of the person at the time of occurrence of | ||||||
25 | the criminal
offense or offenses;
| ||||||
26 | (6) the seriousness of the offense or offenses;
|
| |||||||
| |||||||
1 | (7) any information produced by the person or produced | ||||||
2 | on his or her
behalf in
regard to his or her rehabilitation | ||||||
3 | and good conduct, including a certificate
of relief from | ||||||
4 | disabilities issued to the applicant, which certificate | ||||||
5 | shall
create a presumption of rehabilitation in regard to | ||||||
6 | the offense or offenses
specified in the certificate; and
| ||||||
7 | (8) the legitimate interest of the licensing agency in | ||||||
8 | protecting
property, and
the safety and welfare of | ||||||
9 | specific individuals or the general public.
| ||||||
10 | (i) A certificate of relief from disabilities shall be | ||||||
11 | issued only
for a
license or certification issued under the | ||||||
12 | following Acts:
| ||||||
13 | (1) the Animal Welfare Act; except that a certificate | ||||||
14 | of relief from
disabilities may not be granted
to provide | ||||||
15 | for
the
issuance or restoration of a license under the | ||||||
16 | Animal Welfare Act for any
person convicted of violating | ||||||
17 | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | ||||||
18 | Care for Animals Act or Section 26-5 or 48-1 of the | ||||||
19 | Criminal Code of
1961 or the Criminal Code of 2012;
| ||||||
20 | (2) the Illinois Athletic Trainers Practice Act;
| ||||||
21 | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, | ||||||
22 | and Nail Technology Act of 1985;
| ||||||
23 | (4) the Boiler and Pressure Vessel Repairer Regulation | ||||||
24 | Act;
| ||||||
25 | (5) the Boxing and Full-contact Martial Arts Act;
| ||||||
26 | (6) the Illinois Certified Shorthand Reporters and |
| |||||||
| |||||||
1 | Voice Writer Reporters Act of 1984 ;
| ||||||
2 | (7) the Illinois Farm Labor Contractor Certification | ||||||
3 | Act;
| ||||||
4 | (8) the Registered Interior Designers Act;
| ||||||
5 | (9) the Illinois Professional Land Surveyor Act of | ||||||
6 | 1989;
| ||||||
7 | (10) the Landscape Architecture Registration Act;
| ||||||
8 | (11) the Marriage and Family Therapy Licensing Act;
| ||||||
9 | (12) the Private Employment Agency Act;
| ||||||
10 | (13) the Professional Counselor and Clinical | ||||||
11 | Professional Counselor
Licensing and Practice
Act;
| ||||||
12 | (14) the Real Estate License Act of 2000;
| ||||||
13 | (15) the Illinois Roofing Industry Licensing Act; | ||||||
14 | (16) the Professional Engineering Practice Act of | ||||||
15 | 1989; | ||||||
16 | (17) the Water Well and Pump Installation Contractor's | ||||||
17 | License Act; | ||||||
18 | (18) the Electrologist Licensing Act;
| ||||||
19 | (19) the Auction License Act; | ||||||
20 | (20) the Illinois Architecture Practice Act of 1989; | ||||||
21 | (21) the Dietitian Nutritionist Practice Act; | ||||||
22 | (22) the Environmental Health Practitioner Licensing | ||||||
23 | Act; | ||||||
24 | (23) the Funeral Directors and Embalmers Licensing | ||||||
25 | Code; | ||||||
26 | (24) (blank); |
| |||||||
| |||||||
1 | (25) the Professional Geologist Licensing Act; | ||||||
2 | (26) the Illinois Public Accounting Act; and | ||||||
3 | (27) the Structural Engineering Practice Act of 1989.
| ||||||
4 | (Source: P.A. 102-284, eff. 8-6-21.)
| ||||||
5 | Section 135. The Illinois Pre-Need Cemetery Sales Act is | ||||||
6 | amended by changing Sections 9 and 11 as follows:
| ||||||
7 | (815 ILCS 390/9) (from Ch. 21, par. 209)
| ||||||
8 | Sec. 9.
The Comptroller may upon his own motion | ||||||
9 | investigate the actions
of any person providing, selling, or | ||||||
10 | offering pre-need sales contracts
or of any applicant
or any | ||||||
11 | person or persons holding or claiming to hold
a license under | ||||||
12 | this Act. The Comptroller shall make such an investigation
on | ||||||
13 | receipt of the verified written complaint of any person | ||||||
14 | setting forth
facts which, if proved, would constitute grounds | ||||||
15 | for refusal, suspension,
or revocation of a license.
Before | ||||||
16 | refusing to issue, and before suspension or revocation of a | ||||||
17 | license,
the Comptroller shall hold a hearing to determine | ||||||
18 | whether the applicant or
licensee,
hereafter called the | ||||||
19 | respondent, is entitled to hold
such a license. At
least 10 | ||||||
20 | days prior to the date set for such hearing, the Comptroller | ||||||
21 | shall
notify the respondent in writing that on the date | ||||||
22 | designated a hearing
will be held to determine his eligibility | ||||||
23 | for a license and that he may
appear in person or by counsel. | ||||||
24 | Such written notice may be served on the
respondent |
| |||||||
| |||||||
1 | personally, or by registered or certified mail sent to the
| ||||||
2 | respondent's
business address as shown in his latest | ||||||
3 | notification to the Comptroller and
shall include sufficient | ||||||
4 | information to inform the respondent of the general
nature of | ||||||
5 | the charge. At the hearing, both the respondent and the | ||||||
6 | complainant
shall be accorded ample opportunity to present in | ||||||
7 | person or by counsel such
statements, testimony, evidence and | ||||||
8 | argument as may be pertinent to the
charges or to any defense | ||||||
9 | thereto. The Comptroller may reasonably continue
such hearing | ||||||
10 | from time to time.
| ||||||
11 | The Comptroller may subpoena any person or persons in this | ||||||
12 | State and take
testimony orally, by deposition or by exhibit, | ||||||
13 | in the same manner and with
the same fees and mileage as | ||||||
14 | prescribed in judicial proceedings in civil cases.
| ||||||
15 | Any authorized agent of the Comptroller may administer | ||||||
16 | oaths to witnesses
at any hearing which the Comptroller is | ||||||
17 | authorized to conduct.
| ||||||
18 | The Comptroller, at his expense, shall provide a certified | ||||||
19 | shorthand reporter or certified voice writer reporter
to take | ||||||
20 | down the testimony and preserve a record of all proceedings at | ||||||
21 | the
hearing of any case involving the refusal to issue a | ||||||
22 | license, the suspension
or revocation of a license, the | ||||||
23 | imposition of a monetary penalty, or the
referral
of a case for | ||||||
24 | criminal prosecution. The record of any such proceeding shall
| ||||||
25 | consist of the notice of hearing, complaint, all other | ||||||
26 | documents in the
nature of pleadings and written motions filed |
| |||||||
| |||||||
1 | in the proceedings, the
transcript
of testimony and the report | ||||||
2 | and orders of the Comptroller. Copies of the
transcript of | ||||||
3 | such record may be purchased from the certified shorthand
| ||||||
4 | reporter or certified voice writer reporter
who prepared the | ||||||
5 | record or from the Comptroller.
| ||||||
6 | (Source: P.A. 92-419, eff. 1-1-02.)
| ||||||
7 | (815 ILCS 390/11) (from Ch. 21, par. 211)
| ||||||
8 | Sec. 11.
Any person affected by a final administrative | ||||||
9 | decision of the
Comptroller may have such decision reviewed | ||||||
10 | judicially by the circuit court
of the county where such | ||||||
11 | person resides, or in the case of a corporation,
where the | ||||||
12 | registered office is located. If the plaintiff in the review
| ||||||
13 | proceeding is not a resident of this State, venue shall be in | ||||||
14 | Sangamon County. The
provisions of the "Administrative Review | ||||||
15 | Law", approved August 19, 1981,
all amendments and | ||||||
16 | modifications thereto, and any rules adopted under it
govern | ||||||
17 | all proceedings for the judicial review of final | ||||||
18 | administrative
decisions of the Comptroller. The term | ||||||
19 | "administrative decision" is defined
as in the "Administrative | ||||||
20 | Review Law".
| ||||||
21 | The Comptroller is not required to certify the record of | ||||||
22 | the proceeding
unless the plaintiff in the review proceedings | ||||||
23 | has purchased a copy of the
transcript from the certified | ||||||
24 | shorthand reporter or certified voice writer reporter who | ||||||
25 | prepared the record or
from the Comptroller. Exhibits shall be |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | certified without cost.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | (Source: P.A. 84-239.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | Section 999. Effective date. This Act takes effect January | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | 1, 2024, except that the changes to Section 4.34 of the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | Regulatory Sunset Act take effect upon becoming law. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|