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| Public Act 098-0850
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| SB3421 Enrolled | LRB098 17353 KTG 55094 b |
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AN ACT concerning children.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Civil Administrative Code of Illinois is |
amended by changing Section 2105-15 as follows:
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(20 ILCS 2105/2105-15)
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Sec. 2105-15. General powers and duties.
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(a) The Department has, subject to the provisions of the |
Civil
Administrative Code of Illinois, the following powers and |
duties:
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(1) To authorize examinations in English to ascertain |
the qualifications
and fitness of applicants to exercise |
the profession, trade, or occupation for
which the |
examination is held.
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(2) To prescribe rules and regulations for a fair and |
wholly
impartial method of examination of candidates to |
exercise the respective
professions, trades, or |
occupations.
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(3) To pass upon the qualifications of applicants for |
licenses,
certificates, and authorities, whether by |
examination, by reciprocity, or by
endorsement.
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(4) To prescribe rules and regulations defining, for |
the
respective
professions, trades, and occupations, what |
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shall constitute a school,
college, or university, or |
department of a university, or other
institution, |
reputable and in good standing, and to determine the
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reputability and good standing of a school, college, or |
university, or
department of a university, or other |
institution, reputable and in good
standing, by reference |
to a compliance with those rules and regulations;
provided, |
that no school, college, or university, or department of a
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university, or other institution that refuses admittance |
to applicants
solely on account of race, color, creed, sex, |
or national origin shall be
considered reputable and in |
good standing.
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(5) To conduct hearings on proceedings to revoke, |
suspend, refuse to
renew, place on probationary status, or |
take other disciplinary action
as authorized in any |
licensing Act administered by the Department
with regard to |
licenses, certificates, or authorities of persons
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exercising the respective professions, trades, or |
occupations and to
revoke, suspend, refuse to renew, place |
on probationary status, or take
other disciplinary action |
as authorized in any licensing Act
administered by the |
Department with regard to those licenses,
certificates, or |
authorities. The Department shall issue a monthly
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disciplinary report. The Department shall deny any license |
or
renewal authorized by the Civil Administrative Code of |
Illinois to any person
who has defaulted on an
educational |
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loan or scholarship provided by or guaranteed by the |
Illinois
Student Assistance Commission or any governmental |
agency of this State;
however, the Department may issue a |
license or renewal if the
aforementioned persons have |
established a satisfactory repayment record as
determined |
by the Illinois Student Assistance Commission or other |
appropriate
governmental agency of this State. |
Additionally, beginning June 1, 1996,
any license issued by |
the Department may be suspended or revoked if the
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Department, after the opportunity for a hearing under the |
appropriate licensing
Act, finds that the licensee has |
failed to make satisfactory repayment to the
Illinois |
Student Assistance Commission for a delinquent or |
defaulted loan.
For the purposes of this Section, |
"satisfactory repayment record" shall be
defined by rule. |
The Department shall refuse to issue or renew a license to,
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or shall suspend or revoke a license of, any person who, |
after receiving
notice, fails to comply with a subpoena or |
warrant relating to a paternity or
child support |
proceeding. However, the Department may issue a license or
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renewal upon compliance with the subpoena or warrant.
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The Department, without further process or hearings, |
shall revoke, suspend,
or deny any license or renewal |
authorized by the Civil Administrative Code of
Illinois to |
a person who is certified by the Department of Healthcare |
and Family Services (formerly Illinois Department of |
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Public Aid)
as being more than 30 days delinquent in |
complying with a child support order
or who is certified by |
a court as being in violation of the Non-Support
Punishment |
Act for more than 60 days. The Department may, however, |
issue a
license or renewal if the person has established a |
satisfactory repayment
record as determined by the |
Department of Healthcare and Family Services (formerly
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Illinois Department of Public Aid) or if the person
is |
determined by the court to be in compliance with the |
Non-Support Punishment
Act. The Department may implement |
this paragraph as added by Public Act 89-6
through the use |
of emergency rules in accordance with Section 5-45 of the
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Illinois Administrative Procedure Act. For purposes of the |
Illinois
Administrative Procedure Act, the adoption of |
rules to implement this
paragraph shall be considered an |
emergency and necessary for the public
interest, safety, |
and welfare.
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(6) To transfer jurisdiction of any realty under the |
control of the
Department to any other department of the |
State Government or to acquire
or accept federal lands when |
the transfer, acquisition, or acceptance is
advantageous |
to the State and is approved in writing by the Governor.
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(7) To formulate rules and regulations necessary for |
the enforcement of
any Act administered by the Department.
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(8) To exchange with the Department of Healthcare and |
Family Services information
that may be necessary for the |
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enforcement of child support orders entered
pursuant to the |
Illinois Public Aid Code, the Illinois Marriage and |
Dissolution
of Marriage Act, the Non-Support of Spouse and |
Children Act, the Non-Support
Punishment Act, the Revised |
Uniform Reciprocal Enforcement of Support Act, the
Uniform |
Interstate Family Support Act, or the Illinois Parentage |
Act of 1984.
Notwithstanding any provisions in this Code to |
the contrary, the Department of
Professional Regulation |
shall not be liable under any federal or State law to
any |
person for any disclosure of information to the Department |
of Healthcare and Family Services (formerly Illinois |
Department of
Public Aid)
under this paragraph (8) or for |
any other action taken in good faith
to comply with the |
requirements of this paragraph (8).
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(8.5) To accept continuing education credit for |
mandated reporter training on how to recognize and report |
child abuse offered by the Department of Children and |
Family Services and completed by any person who holds a |
professional license issued by the Department and who is a |
mandated reporter under the Abused and Neglected Child |
Reporting Act. The Department shall adopt any rules |
necessary to implement this paragraph.
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(9) To perform other duties prescribed
by law.
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(a-5) Except in cases involving default on an educational |
loan or scholarship provided by or guaranteed by the Illinois |
Student Assistance Commission or any governmental agency of |
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this State or in cases involving delinquency in complying with |
a child support order or violation of the Non-Support |
Punishment Act, no person or entity whose license, certificate, |
or authority has been revoked as authorized in any licensing |
Act administered by the Department may apply for restoration of |
that license, certification, or authority until 3 years after |
the effective date of the revocation. |
(b) The Department may, when a fee is payable to the |
Department for a wall
certificate of registration provided by |
the Department of Central Management
Services, require that |
portion of the payment for printing and distribution
costs be |
made directly or through the Department to the Department of |
Central
Management Services for deposit into the Paper and |
Printing Revolving Fund.
The remainder shall be deposited into |
the General Revenue Fund.
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(c) For the purpose of securing and preparing evidence, and |
for the purchase
of controlled substances, professional |
services, and equipment necessary for
enforcement activities, |
recoupment of investigative costs, and other activities
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directed at suppressing the misuse and abuse of controlled |
substances,
including those activities set forth in Sections |
504 and 508 of the Illinois
Controlled Substances Act, the |
Director and agents appointed and authorized by
the Director |
may expend sums from the Professional Regulation Evidence Fund
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that the Director deems necessary from the amounts appropriated |
for that
purpose. Those sums may be advanced to the agent when |
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the Director deems that
procedure to be in the public interest. |
Sums for the purchase of controlled
substances, professional |
services, and equipment necessary for enforcement
activities |
and other activities as set forth in this Section shall be |
advanced
to the agent who is to make the purchase from the |
Professional Regulation
Evidence Fund on vouchers signed by the |
Director. The Director and those
agents are authorized to |
maintain one or more commercial checking accounts with
any |
State banking corporation or corporations organized under or |
subject to the
Illinois Banking Act for the deposit and |
withdrawal of moneys to be used for
the purposes set forth in |
this Section; provided, that no check may be written
nor any |
withdrawal made from any such account except upon the written
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signatures of 2 persons designated by the Director to write |
those checks and
make those withdrawals. Vouchers for those |
expenditures must be signed by the
Director. All such |
expenditures shall be audited by the Director, and the
audit |
shall be submitted to the Department of Central Management |
Services for
approval.
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(d) Whenever the Department is authorized or required by |
law to consider
some aspect of criminal history record |
information for the purpose of carrying
out its statutory |
powers and responsibilities, then, upon request and payment
of |
fees in conformance with the requirements of Section 2605-400 |
of the
Department of State Police Law (20 ILCS 2605/2605-400), |
the Department of State
Police is authorized to furnish, |
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pursuant to positive identification, the
information contained |
in State files that is necessary to fulfill the request.
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(e) The provisions of this Section do not apply to private |
business and
vocational schools as defined by Section 15 of the |
Private Business and
Vocational Schools Act of 2012.
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(f) Beginning July 1, 1995, this Section does not apply to |
those
professions, trades, and occupations licensed under the |
Real Estate License
Act of 2000, nor does it apply to any |
permits, certificates, or other
authorizations to do business |
provided for in the Land Sales Registration Act
of 1989 or the |
Illinois Real Estate Time-Share Act.
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(g) Notwithstanding anything that may appear in any |
individual licensing statute or administrative rule, the |
Department shall deny any license application or renewal |
authorized under any licensing Act administered by the |
Department to any person who has failed to file a return, or to |
pay the tax, penalty, or interest shown in a filed return, or |
to pay any final assessment of tax, penalty, or interest, as |
required by any tax Act administered by the Illinois Department |
of Revenue, until such time as the requirement of any such tax |
Act are satisfied; however, the Department may issue a license |
or renewal if the person has established a satisfactory |
repayment record as determined by the Illinois Department of |
Revenue. For the purpose of this Section, "satisfactory |
repayment record" shall be defined by rule.
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In addition, a complaint filed with the Department by the |
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Illinois Department of Revenue that includes a certification, |
signed by its Director or designee, attesting to the amount of |
the unpaid tax liability or the years for which a return was |
not filed, or both, is prima facie facia evidence of the |
licensee's failure to comply with the tax laws administered by |
the Illinois Department of Revenue. Upon receipt of that |
certification, the Department shall, without a hearing, |
immediately suspend all licenses held by the licensee. |
Enforcement of the Department's order shall be stayed for 60 |
days. The Department shall provide notice of the suspension to |
the licensee by mailing a copy of the Department's order by |
certified and regular mail to the licensee's last known address |
as registered with the Department. The notice shall advise the |
licensee that the suspension shall be effective 60 days after |
the issuance of the Department's order unless the Department |
receives, from the licensee, a request for a hearing before the |
Department to dispute the matters contained in the order.
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Any suspension imposed under this subsection (g) shall be |
terminated by the Department upon notification from the |
Illinois Department of Revenue that the licensee is in |
compliance with all tax laws administered by the Illinois |
Department of Revenue.
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The Department shall promulgate rules for the |
administration of this subsection (g).
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(h) The Department may grant the title "Retired", to be |
used immediately adjacent to the title of a profession |
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regulated by the Department, to eligible retirees. The use of |
the title "Retired" shall not constitute representation of |
current licensure, registration, or certification. Any person |
without an active license, registration, or certificate in a |
profession that requires licensure, registration, or |
certification shall not be permitted to practice that |
profession. |
(i) Within 180 days after December 23, 2009 (the effective |
date of Public Act 96-852), the Department shall promulgate |
rules which permit a person with a criminal record, who seeks a |
license or certificate in an occupation for which a criminal |
record is not expressly a per se bar, to apply to the |
Department for a non-binding, advisory opinion to be provided |
by the Board or body with the authority to issue the license or |
certificate as to whether his or her criminal record would bar |
the individual from the licensure or certification sought, |
should the individual meet all other licensure requirements |
including, but not limited to, the successful completion of the |
relevant examinations. |
(Source: P.A. 96-459, eff. 8-14-09; 96-852, eff. 12-23-09; |
96-1000, eff. 7-2-10; 97-650, eff. 2-1-12; revised 9-9-13.)
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