Bill Text: IL SB2618 | 2017-2018 | 100th General Assembly | Chaptered


Bill Title: Amends the Regulatory Sunset Act. Extends the repeal date of the Environmental Health Practitioner Licensing Act from January 1, 2019 to January 1, 2029. Amends the Environmental Health Practitioner Licensing Act. Provides that applicants and licensees shall provide the Department of Financial and Professional Regulation with a valid address and email address and inform the Department of any changes within 14 days. Makes changes to the grounds by which the Department may refuse to issue, renew, revoke, suspend, or discipline a license because of the applicant's or licensee's criminal history. Removes duplicate provisions concerning record of proceedings. Adds provisions concerning confidentiality of a complaint against a licensee. Replaces "Director" with "Secretary" in order to update references to the Secretary of Financial and Professional Regulation. Makes other changes. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2018-08-10 - Public Act . . . . . . . . . 100-0796 [SB2618 Detail]

Download: Illinois-2017-SB2618-Chaptered.html



Public Act 100-0796
SB2618 EnrolledLRB100 16352 SMS 31478 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Sunset Act is amended by changing
Section 4.29 and adding Section 4.39 as follows:
(5 ILCS 80/4.29)
Sec. 4.29. Acts repealed on January 1, 2019 and December
31, 2019.
(a) The following Act is repealed on January 1, 2019:
The Environmental Health Practitioner Licensing Act.
(b) The following Acts are repealed on December 31, 2019:
The Medical Practice Act of 1987.
The Structural Pest Control Act.
(Source: P.A. 100-429, eff. 8-25-17.)
(5 ILCS 80/4.39 new)
Sec. 4.39. Act repealed on January 1, 2029. The following
Act is repealed on January 1, 2029:
The Environmental Health Practitioner Licensing Act.
Section 10. The Environmental Health Practitioner
Licensing Act is amended by changing Sections 10, 18, 19, 31,
35, 60, 65, 70, 75, 80, 85, 90, 95, 100, 105, 115, 125, and 130
and by adding Sections 11 and 123 as follows:
(225 ILCS 37/10)
(Section scheduled to be repealed on January 1, 2019)
Sec. 10. Definitions. As used in this Act:
"Address of record" means the designated address recorded
by the Department in the applicant's application file or the
licensee's license file maintained by the Department's
licensure maintenance unit.
"Board" means the Board of Environmental Health
Practitioners as created in this Act.
"Department" means the Department of Financial and
Professional Regulation.
"Director" means the Director of Professional Regulation.
"Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file maintained by
the Department's licensure maintenance unit.
"Environmental health inspector" means an individual who,
in support of and under the general supervision of a licensed
environmental health practitioner or licensed professional
engineer, practices environmental health and meets the
educational qualifications of an environmental health
inspector.
"Environmental health practice" is the practice of
environmental health by licensed environmental health
practitioners within the meaning of this Act and includes, but
is not limited to, the following areas of professional
activities: milk and food sanitation; protection and
regulation of private water supplies; private waste water
management; domestic solid waste disposal practices;
institutional health and safety; and consultation and
education in these fields.
"Environmental health practitioner in training" means a
person licensed under this Act who meets the educational
qualifications of a licensed environmental health practitioner
and practices environmental health in support of and under the
general supervision of a licensed environmental health
practitioner or licensed professional engineer, but has not
passed the licensed environmental health practitioner
examination administered by the Department.
"License" means the authorization issued by the Department
permitting the person named on the authorization to practice
environmental health as defined in this Act.
"Licensed environmental health practitioner" is a person
who, by virtue of education and experience in the physical,
chemical, biological, and environmental health sciences, is
especially trained to organize, implement, and manage
environmental health programs, trained to carry out education
and enforcement activities for the promotion and protection of
the public health and environment, and is licensed as an
environmental health practitioner under this Act.
"Secretary" means the Secretary of Financial and
Professional Regulation.
(Source: P.A. 100-201, eff. 8-18-17.)
(225 ILCS 37/11 new)
Sec. 11. Address of record; email address of record. All
applicants and licensees shall:
(1) provide a valid address and email address to the
Department, which shall serve as the address of record and
email address of record, respectively, at the time of
application for licensure or renewal of a license; and
(2) inform the Department of any change of address of
record or email address of record within 14 days after such
change either through the Department's website or by
contacting the Department's licensure maintenance unit.
(225 ILCS 37/18)
(Section scheduled to be repealed on January 1, 2019)
Sec. 18. Board of Environmental Health Practitioners. The
Board of Environmental Health Practitioners is created and
shall exercise its duties as provided in this Act. The Board
shall consist of 5 members appointed by the Secretary Director.
Of the 5 members, 3 shall be environmental health
practitioners, one a Public Health Administrator who meets the
minimum qualifications for public health personnel employed by
full time local health departments as prescribed by the
Illinois Department of Public Health and is actively engaged in
the administration of a local health department within this
State, and one member of the general public. In making the
appointments to the Board, the Secretary Director shall
consider the recommendations of related professional and trade
associations including the Illinois Environmental Health
Association and the Illinois Public Health Association and of
the Director of Public Health. Each of the environmental health
practitioners shall have at least 5 years of full time
employment in the field of environmental health practice before
the date of appointment. Each appointee filling the seat of an
environmental health practitioner appointed to the Board must
be licensed under this Act.
The membership of the Board shall reasonably reflect
representation from the various geographic areas of the State.
A vacancy in the membership of the Board shall not impair
the right of a quorum to exercise all the rights and perform
all the duties of the Board.
The members of the Board are entitled to receive
reimbursement for as compensation a reasonable sum as
determined by the Director for each day actually engaged in the
duties of the office and all legitimate and necessary expenses
incurred in attending the meetings of the Board.
A member Members of the Board shall have no liability be
immune from suit in any action based upon any disciplinary
proceedings or other activity activities performed in good
faith as a member members of the Board.
The Secretary Director may remove any member of the Board
for any cause that, in the opinion of the Secretary Director,
reasonably justifies termination.
(Source: P.A. 91-724, eff. 6-2-00; 91-798, eff. 7-9-00; 92-837,
eff. 8-22-02.)
(225 ILCS 37/19)
(Section scheduled to be repealed on January 1, 2019)
Sec. 19. Requirements of approval by Board of Environmental
Health Practitioners. The Secretary Director may consider the
recommendations of the Board in establishing guidelines for
professional conduct, for the conduct of formal disciplinary
proceedings brought under this Act, and for establishing
guidelines for qualifications and examinations of applicants.
Notice of proposed rulemaking shall be transmitted to the
Board. The Department shall review the response of the Board
and its recommendations. The Department, at any time, may seek
the expert advice and knowledge of the Board on any matter
relating to the administration or enforcement of this Act.
(Source: P.A. 89-61, eff. 6-30-95.)
(225 ILCS 37/31)
(Section scheduled to be repealed on January 1, 2019)
Sec. 31. Checks or orders dishonored. A person who issues
or delivers a check or other order to the Department that is
returned to the Department unpaid by the financial institution
upon which it is drawn shall pay to the Department, in addition
to the amount already owed to the Department, a fine of $50.
The fines imposed by this Section are in addition to any other
discipline provided under this Act prohibiting unlicensed
practice or practice on a nonrenewed license. The Department
shall notify the person that payment of fees and fines shall be
paid to the Department by certified check or money order within
30 calendar days after notification. If, after the expiration
of 30 days from the date of the notification, the person fails
to submit the necessary remittance, the Department shall
automatically terminate the license or certification or deny
the application, without hearing. If, after termination or
denial, the person seeks a license or certificate, he or she
shall apply to the Department for restoration or issuance of a
license or certificate and pay all fees and fines due to the
Department. The Department may establish a fee for the
processing of an application for restoration of a license to
pay all costs and expenses of processing of this application.
The Secretary Director may waive the fines due under this
Section in individual cases where the Secretary Director finds
that the fines would be unnecessarily burdensome.
(Source: P.A. 92-146, eff. 1-1-02.)
(225 ILCS 37/35)
(Section scheduled to be repealed on January 1, 2019)
Sec. 35. Grounds for discipline.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary action with regard to any license issued under
this Act as the Department may consider proper, including the
imposition of fines not to exceed $5,000 for each violation,
for any one or combination of the following causes:
(1) Material misstatement in furnishing information to
the Department.
(2) Violations of this Act or its rules.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or
sentencing, including, but not limited to, convictions,
preceding sentences of supervision, conditional discharge,
or first offender probation, under the laws of any
jurisdiction of the United States that is (i) a felony or
(ii) a misdemeanor, an essential element of which is
dishonesty, or that is directly related to the practice of
the profession. Conviction of any felony under the laws of
any U.S. jurisdiction, any misdemeanor an essential
element of which is dishonesty, or any crime that is
directly related to the practice of the profession.
(4) Making any misrepresentation for the purpose of
obtaining a certificate of registration.
(5) Professional incompetence.
(6) Aiding or assisting another person in violating any
provision of this Act or its rules.
(7) Failing to provide information within 60 days in
response to a written request made by the Department.
(8) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public as defined by rules of the
Department.
(9) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in an environmental health practitioner's
inability to practice with reasonable judgment, skill, or
safety.
(10) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for a
discipline is the same or substantially equivalent to those
set forth in this Act.
(11) A finding by the Department that the registrant,
after having his or her license placed on probationary
status, has violated the terms of probation.
(12) Willfully making or filing false records or
reports in his or her practice, including, but not limited
to, false records filed with State agencies or departments.
(13) Physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skills that result in the inability to practice the
profession with reasonable judgment, skill, or safety.
(14) Failure to comply with rules promulgated by the
Illinois Department of Public Health or other State
agencies related to the practice of environmental health.
(15) The Department shall deny any application for a
license or renewal of a license under this Act, without
hearing, to a person who has defaulted on an educational
loan guaranteed by the Illinois Student Assistance
Commission; however, the Department may issue a license or
renewal of a license if the person in default has
established a satisfactory repayment record as determined
by the Illinois Student Assistance Commission.
(16) Solicitation of professional services by using
false or misleading advertising.
(17) A finding that the license has been applied for or
obtained by fraudulent means.
(18) Practicing or attempting to practice under a name
other than the full name as shown on the license or any
other legally authorized name.
(19) Gross overcharging for professional services
including filing statements for collection of fees or
moneys for which services are not rendered.
(b) The Department may refuse to issue or may suspend the
license of any person who fails to (i) file a return, (ii) pay
the tax, penalty, or interest shown in a filed return; or (iii)
pay any final assessment of the tax, penalty, or interest as
required by any tax Act administered by the Illinois Department
of Revenue until the requirements of the tax Act are satisfied.
(c) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission to a
mental health facility as provided in the Mental Health and
Developmental Disabilities Code operates as an automatic
suspension. The suspension may end only upon a finding by a
court that the licensee is no longer subject to involuntary
admission or judicial admission, the issuance of an order so
finding and discharging the patient, and the recommendation of
the Board to the Secretary Director that the licensee be
allowed to resume practice.
(d) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any person licensed
to practice under this Act or who has applied for licensure or
certification pursuant to this Act to submit to a mental or
physical examination, or both, as required by and at the
expense of the Department. The examining physicians shall be
those specifically designated by the Department. The
Department may order the examining physician to present
testimony concerning this mental or physical examination of the
licensee or applicant. No information shall be excluded by
reason of any common law or statutory privilege relating to
communications between the licensee or applicant and the
examining physician. The person to be examined may have, at his
or her own expense, another physician of his or her choice
present during all aspects of the examination. Failure of any
person to submit to a mental or physical examination, when
directed, shall be grounds for suspension of a license until
the person submits to the examination if the Department finds,
after notice and hearing, that the refusal to submit to the
examination was without reasonable cause.
If the Department finds an individual unable to practice
because of the reasons set forth in this Section, the
Department may require that individual to submit to care,
counseling, or treatment by physicians approved or designated
by the Department, as a condition, term, or restriction for
continued, restored reinstated, or renewed licensure to
practice or, in lieu of care, counseling, or treatment, the
Department may file a complaint to immediately suspend, revoke,
or otherwise discipline the license of the individual.
Any person whose license was granted, continued, restored
reinstated, renewed, disciplined, or supervised subject to
such terms, conditions, or restrictions and who fails to comply
with such terms, conditions, or restrictions shall be referred
to the Secretary Director for a determination as to whether the
person shall have his or her license suspended immediately,
pending a hearing by the Department.
In instances in which the Secretary Director immediately
suspends a person's license under this Section, a hearing on
that person's license must be convened by the Department within
15 days after the suspension and completed without appreciable
delay. The Department shall have the authority to review the
subject person's record of treatment and counseling regarding
the impairment, to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
A person licensed under this Act and affected under this
Section shall be afforded an opportunity to demonstrate to the
Department that he or she can resume practice in compliance
with acceptable and prevailing standards under the provisions
of his or her license.
(Source: P.A. 92-837, eff. 8-22-02.)
(225 ILCS 37/60)
(Section scheduled to be repealed on January 1, 2019)
Sec. 60. Violations; injunctions; cease and desist order.
(a) If a person violates a provision of this Act, the
Secretary Director may, in the name of the People of the State
of Illinois, through the Attorney General of the State of
Illinois, petition for an order enjoining the violation or for
any order enforcing compliance with this Act. Upon the filing
of a verified petition in court, the court may issue a
temporary restraining order, without notice or bond, and may
preliminarily and permanently enjoin the violation. If it is
established that the person has violated or is violating the
injunction, the Court may punish the offender for contempt of
court. Proceedings under this Section are in addition to, and
not in lieu of, all other remedies and penalties provided by
this Act.
(b) (Blank). If a person practices as an environmental
health practitioner or holds himself or herself out as such
without having a valid license under this Act, then a licensee,
an interested party, or a person injured thereby may, in
addition to the Director, petition for relief as provided in
subsection (a) of this Section.
(c) Whenever in the opinion of the Department a person
violates a provision of this Act, the Department may issue a
rule to show cause why an order to cease and desist should not
be entered against him or her. The rule shall clearly set forth
the grounds relied upon by the Department and shall provide a
period of 7 days from the date of the rule to file an answer to
the satisfaction of the Department. Failure to answer to the
satisfaction of the Department shall cause an order to cease
and desist to be issued immediately.
(Source: P.A. 89-61, eff. 6-30-95.)
(225 ILCS 37/65)
(Section scheduled to be repealed on January 1, 2019)
Sec. 65. Investigation; notice; hearing. The Department
may investigate the actions of an applicant or a person or
persons holding or claiming to hold a license. Before refusing
to issue, refusing to renew, or taking any disciplinary action
regarding a license, the Department shall, at least 30 days
before the date set for the hearing, notify in writing the
applicant for, or holder of, a license of the nature of any
charges and that a hearing will be held on a date designated.
The Department shall direct the applicant or licensee to file a
written answer with the Board under oath within 20 days after
the service of the notice and inform the applicant or licensee
that failure to file an answer shall result in default being
taken against the applicant or licensee and that the license
may be suspended, revoked, or placed on probationary status, or
that other disciplinary action may be taken, including limiting
the scope, nature, or extent of practice, as the Secretary
Director may consider proper. Written notice may be served by
personal delivery, or certified or registered mail, or email to
the applicant or licensee respondent at the address of his or
her address of record or email address of record last
notification to the Department. If the person fails to file an
answer after receiving notice, his or her license or
certificate may, in the discretion of the Department, be
suspended, revoked, or placed on probationary status or the
Department may take any disciplinary action considered proper,
including limiting the scope, nature, or extent of the person's
practice or the imposition of a fine, without a hearing, if the
act or acts charged constitute sufficient grounds for such
action under this Act. At the time and place fixed in the
notice, the Board shall proceed to hear the charges and the
parties or their counsel shall be accorded ample opportunity to
present statements, testimony, evidence, and arguments as may
be pertinent to the charges or to their defense. The Board may
continue a hearing from time to time.
(Source: P.A. 89-61, eff. 6-30-95.)
(225 ILCS 37/70)
(Section scheduled to be repealed on January 1, 2019)
Sec. 70. Records of proceeding. The Department, at its
expense, shall preserve a record of all proceedings at the
formal hearing of any case. The notice of hearing, complaint,
and all other documents in the nature of pleadings, written
motions filed in the proceedings, transcripts of testimony,
reports of the Board and orders of the Department shall be in
the record of the proceedings. The Department shall furnish a
transcript of the record to any person interested in the
hearing upon payment of the fee required under Section 2105-115
of the Department of Professional Regulation Law (20 ILCS
2105/2105-115).
(Source: P.A. 91-239, eff. 1-1-00.)
(225 ILCS 37/75)
(Section scheduled to be repealed on January 1, 2019)
Sec. 75. Subpoenas; oaths; attendance of witnesses. The
Department has the power to subpoena and to bring before it any
person and to take testimony either orally or by deposition, or
both, with the same fees and mileage and in the same manner as
prescribed in civil cases in the courts of this State.
The Secretary Director, the designated hearing officer,
and every member of the Board has the power to administer oaths
to witnesses at any hearing that the Department is authorized
to conduct and any other oaths authorized in any Act
administered by the Department.
(Source: P.A. 89-61, eff. 6-30-95.)
(225 ILCS 37/80)
(Section scheduled to be repealed on January 1, 2019)
Sec. 80. Recommendations for disciplinary action. At the
conclusion of the hearing, the Board shall present to the
Secretary Director a written report of its findings and
recommendations. The report shall contain a finding whether or
not the licensee violated this Act or failed to comply with the
conditions required in this Act. The Board shall specify the
nature of the violation or failure to comply and shall make its
recommendations to the Secretary Director.
The report of findings, conclusions of law, and
recommendations of the Board shall be the basis for the
Department's order for refusal to issue or for the granting of
a license or for any disciplinary action. If the Secretary
Director disagrees with the recommendation of the Board, the
Secretary Director may issue an order in contravention of the
Board's report. The finding is not admissible in evidence
against the person in a criminal prosecution brought for
violation of this Act, but the hearing and findings are not a
bar to criminal prosecution brought for violation of this Act.
(Source: P.A. 89-61, eff. 6-30-95.)
(225 ILCS 37/85)
(Section scheduled to be repealed on January 1, 2019)
Sec. 85. Rehearing. In any hearing involving disciplinary
action against an applicant or licensee, a copy of the Board's
report shall be served upon the applicant or licensee by the
Department, either personally or as provided in this Act for
the service of the notice of hearing. Within 20 calendar days
after service, the applicant or licensee may present to the
Department a motion in writing for a rehearing that shall
specify the particular grounds for rehearing. If no motion for
rehearing is filed, then upon the expiration of the time
specified for filing a motion, or if a motion for rehearing is
denied, then upon denial, the Secretary Director may enter an
order in accordance with recommendations of the Board, except
as provided in this Act. If the applicant or licensee orders
from the reporting service, and pays for a transcript of the
record within the time for filing a motion for rehearing, the
20 calendar day period within which a motion may be filed shall
commence upon the delivery of the transcript to the respondent.
(Source: P.A. 88-670, eff. 12-2-94; 89-61, eff. 6-30-95.)
(225 ILCS 37/90)
(Section scheduled to be repealed on January 1, 2019)
Sec. 90. Rehearing Hearing by other examiner. Whenever the
Secretary Director is not satisfied that substantial justice
has been done in the revocation, suspension, or refusal to
issue or renew a license, the Secretary Director may order a
rehearing by the same or other examiners.
(Source: P.A. 88-683, eff. 1-24-95; 89-61, eff. 6-30-95;
89-626, eff. 8-9-96.)
(225 ILCS 37/95)
(Section scheduled to be repealed on January 1, 2019)
Sec. 95. Appointment of hearing officer. The Secretary
Director has the authority to appoint any attorney duly
licensed to practice law in the State of Illinois to serve as
the hearing officer in any action for Departmental refusal to
issue a license, renew a license, or to discipline a licensee.
The hearing officer has full authority to conduct the hearing.
At least one member of the Board shall attend each hearing. The
hearing officer shall report the findings of fact, conclusions
of law, and recommendations to the Board and the Secretary
Director. The Board has 60 calendar days from receipt of the
report to review the report of the hearing officer and present
its findings of fact, conclusions of law, and recommendations
to the Secretary Director. If the Board fails to present its
report within the 60 calendar day period, the Secretary
Director may issue an order based on the report of the hearing
officer. If the Secretary Director disagrees with the
recommendation of the Board or the hearing officer, the
Secretary Director may issue an order in contravention of the
recommendation.
(Source: P.A. 89-61, eff. 6-30-95.)
(225 ILCS 37/100)
(Section scheduled to be repealed on January 1, 2019)
Sec. 100. Order or certified copy. An order or a certified
copy thereof, over the seal of the Department and purporting to
be signed by the Secretary Director, shall be prima facie proof
that:
(1) the signature is the genuine signature of the Secretary
Director;
(2) the Secretary Director is duly appointed and qualified;
and
(3) the Board and its members are qualified to act.
(Source: P.A. 89-61, eff. 6-30-95.)
(225 ILCS 37/105)
(Section scheduled to be repealed on January 1, 2019)
Sec. 105. Restoration of suspended or revoked license. At
any time after the suspension or revocation of any license, the
Department may restore the license to the accused person upon
the written recommendation of the Board, unless after an
investigation and a hearing the Board determines that
restoration is not in the public interest. No person whose
license has been revoked as authorized in this Act may apply
for restoration of that license until such time as provided for
in the Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
A license that has been suspended or revoked shall be
considered nonrenewed for purposes of restoration and a person
restoring his or her license from suspension or revocation must
comply with the requirements for restoration of a nonrenewed
license as set forth in Section 27 of this Act and any related
rules adopted.
(Source: P.A. 89-61, eff. 6-30-95.)
(225 ILCS 37/115)
(Section scheduled to be repealed on January 1, 2019)
Sec. 115. Temporary suspension. The Secretary Director may
summarily suspend the license of an environmental health
practitioner without a hearing, simultaneously with the
initiation of proceedings for a hearing provided for in this
Act, if the Secretary Director finds that evidence in his or
her possession indicates that an environmental health
practitioner's continuation in practice would constitute an
imminent danger to the public. In the event that the Secretary
Director summarily suspends the license of an environmental
health practitioner without a hearing, a hearing by the Board
must be commenced held within 30 calendar days after the
suspension has occurred.
(Source: P.A. 89-61, eff. 6-30-95.)
(225 ILCS 37/123 new)
Sec. 123. Confidentiality. All information collected by
the Department in the course of an examination or investigation
of a licensee, registrant, or applicant, including, but not
limited to, any complaint against a licensee or registrant
filed with the Department and information collected to
investigate any such complaint, shall be maintained for the
confidential use of the Department and shall not be disclosed.
The Department may not disclose the information to anyone other
than law enforcement officials, other regulatory agencies that
have an appropriate regulatory interest as determined by the
Secretary, or a party presenting a lawful subpoena to the
Department. Information and documents disclosed to a federal,
State, county, or local law enforcement agency shall not be
disclosed by the agency for any purpose to any other agency or
person. A formal complaint filed against a licensee,
registrant, or applicant by the Department or any order issued
by the Department against a licensee, registrant, or applicant
shall be a public record, except as otherwise prohibited by
law.
(225 ILCS 37/125)
(Section scheduled to be repealed on January 1, 2019)
Sec. 125. Certification of record; costs records. The
Department shall not be required to certify a record to the
court or file an answer in court or otherwise appear in a court
in a judicial review proceeding, unless and until the
Department has received from the plaintiff payment of the costs
of furnishing and certifying the record, which costs shall be
determined by the Department. Exhibits shall be certified
without cost. Failure on the part of the plaintiff to file a
receipt in court shall be grounds for dismissal of the action.
The Department shall not be required to certify any record to
the court, to file any answer in court, or otherwise appear in
any court in a judicial review proceeding, unless there is
filed in the court, with the complaint, a receipt from the
Department acknowledging payment of the costs of furnishing and
certifying the record. Failure on the part of the plaintiff to
file the receipt in court shall be grounds for dismissal of the
action.
(Source: P.A. 89-61, eff. 6-30-95.)
(225 ILCS 37/130)
(Section scheduled to be repealed on January 1, 2019)
Sec. 130. Illinois Administrative Procedure Act. The
Illinois Administrative Procedure Act is expressly adopted and
incorporated in this Act as if all of the provisions of that
Act were included in this Act, except that the provision of
paragraph (c) of Section 10-65 of the Illinois Administrative
Procedure Act, which provides that at hearings the certificate
holder has the right to show compliance with all lawful
requirements for retention, continuation, or renewal of the
certificate, is specifically excluded. For the purpose of this
Act, the notice required under Section 10-25 of the Illinois
Administrative Procedure Act is deemed sufficient when mailed
or emailed to the applicant or licensee at his or her last
known address of record or email address of record last known
address of a party.
(Source: P.A. 99-642, eff. 7-28-16.)
(225 ILCS 37/45 rep.)
Section 15. The Environmental Health Practitioner
Licensing Act is amended by repealing Section 45.
Section 99. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance