HB2499 EngrossedLRB103 30875 AMQ 57395 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by
5changing Sections 4.34 and 4.39 as follows:
 
6    (5 ILCS 80/4.34)
7    Sec. 4.34. Acts and Section repealed on January 1, 2024.
8The following Acts and Section of an Act are repealed on
9January 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.
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 80/4.39)
2    Sec. 4.39. Acts repealed on January 1, 2029 and December
331, 2029.
4    (a) The following Act is repealed on January 1, 2029:
5        The Electrologist Licensing Act.
6        The Environmental Health Practitioner Licensing Act.
7    (b) The following Act is repealed on December 31, 2029:
8        The Structural Pest Control Act.
9(Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18;
10101-81, eff. 7-12-19.)
 
11    Section 10. The Electrologist Licensing Act is amended by
12changing Sections 10, 32, 40, 90, and 120 and by adding Section
1312 as follows:
 
14    (225 ILCS 412/10)
15    (Section scheduled to be repealed on January 1, 2024)
16    Sec. 10. Definitions. In this Act:
17    "Address of Record" means the designated address recorded
18by the Department in the applicant's or licensee's application
19file or license file as maintained by the Department's
20licensure maintenance unit. It is the duty of the applicant or
21licensee to inform the Department of any change of address,
22and those changes must be made either through the Department's
23website or by contacting the Department.

 

 

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1    "Department" means the Department of Financial and
2Professional Regulation.
3    "Electrologist" means an individual licensed to practice
4electrology pursuant to the provisions of this Act.
5    "Electrology" means the practice or teaching of services
6for permanent hair removal utilizing only solid probe
7electrode type epilation, which may include thermolysis
8(shortwave, high frequency), electrolysis (galvanic), or a
9combination of both (superimposed or sequential blend).
10    "Email address of record" means the designated email
11address recorded by the Department in the applicant's
12application file or in a licensee's license file, as
13maintained by the Department's licensure maintenance unit.
14    "Secretary" means the Secretary of Financial and
15Professional Regulation.
16(Source: P.A. 98-363, eff. 8-16-13.)
 
17    (225 ILCS 412/12 new)
18    Sec. 12. Address of record and email address of record.
19All applicants and licensees shall:
20        (1) provide a valid physical address and email address
21    to the Department, which shall serve as the address of
22    record and email address of record, respectively, at the
23    time of application for licensure or renewal of a license;
24    and
25        (2) inform the Department of any change of address of

 

 

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1    record or email address of record within 14 days. Those
2    changes must be made either through the Department's
3    website or by contacting the Department through the
4    Department's licensure maintenance unit.
 
5    (225 ILCS 412/32)
6    (Section scheduled to be repealed on January 1, 2024)
7    Sec. 32. Social Security number or individual taxpayer
8identification number on license application. In addition to
9any other information required to be contained in the
10application, every application for an original license under
11this Act shall include the applicant's social security number
12or individual taxpayer identification number, which shall be
13retained in the agency's records pertaining to the license. As
14soon as practical, the Department shall assign a customer's
15identification number to each applicant for a license.
16    Every application for a renewed, reinstated, or restored
17license shall require the applicant's customer identification
18number.
19(Source: P.A. 97-400, eff. 1-1-12; 98-363, eff. 8-16-13.)
 
20    (225 ILCS 412/40)
21    (Section scheduled to be repealed on January 1, 2024)
22    Sec. 40. Administrative Procedure Act. The Illinois
23Administrative Procedure Act is hereby expressly adopted and
24incorporated in this Act as if all of the provisions of the

 

 

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1Illinois Administrative Procedure Act where included in this
2Act, except that the provision of paragraph (d) of Section
310-65 of the Illinois Administrative Procedure Act, which
4provides that at hearings the licensee has the right to show
5compliance with all lawful requirements for retention,
6continuation, or renewal of the license, is specifically
7excluded. For the purposes of this Act, the notice required
8under Section 10-25 of the Illinois Administrative Procedure
9Act is considered to be sufficient when mailed to the
10licensee's address of record or email address of record.
11(Source: P.A. 98-363, eff. 8-16-13.)
 
12    (225 ILCS 412/90)
13    (Section scheduled to be repealed on January 1, 2024)
14    Sec. 90. Investigations; notice and hearing.
15    (a) The Department may investigate the actions of an
16applicant or a person holding or claiming to hold a license.
17    (b) Before refusing to issue or renew a license or take any
18disciplinary or non-disciplinary action against a licensed
19electrologist pursuant to Section 75 of this Act, the
20Department shall notify in writing the applicant or the
21licensee of the nature of the charges and that a hearing will
22be held on the date designated, which shall be at least 30 days
23after the date of the notice. The Department shall direct the
24applicant or licensee to file a written answer to the
25Department under oath within 20 days after the service of the

 

 

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1notice and inform the applicant or licensee that failure to
2file an answer will result in default being taken against the
3applicant or licensee and that the license may be suspended,
4revoked, placed on probationary status, or other disciplinary
5or non-disciplinary action may be taken, including limiting
6the scope, nature, or extent of business as the Secretary may
7deem proper. Written notice may be served by certified or
8registered mail sent to the licensee's address of record.
9    The written notice and any notice in the subsequent
10proceeding may be served by regular mail to the licensee's
11address of record or electronically to the licensee's email
12address of record.
13    If the applicant or licensee fails to file an answer after
14receiving notice, the license may, in the discretion of the
15Department, be suspended, revoked, or placed on probationary
16status, or the Department may take whatever disciplinary
17action considered proper including limiting the scope, nature,
18or extent of the person's practice or the imposition of a fine,
19without a hearing if the act or acts charged constitute
20sufficient grounds for such action under this Act.
21    At the time and place fixed in the notice, the Department
22shall proceed to hear the charges, and the parties or their
23counsel shall be accorded ample opportunity to present any
24pertinent statements, testimony, evidence, and argument. The
25Department may continue a hearing from time to time.
26(Source: P.A. 98-363, eff. 8-16-13.)
 

 

 

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1    (225 ILCS 412/120)
2    (Section scheduled to be repealed on January 1, 2024)
3    Sec. 120. Motion for rehearing. In any case involving the
4refusal to issue or renew a license, or the discipline of a
5licensee, a copy of the hearing officer's report shall be
6served upon the respondent by the Secretary Department, either
7personally or as provided in this Act for the service of the
8notice of hearing. Within 20 days after service, the
9respondent may present to the Department a motion in writing
10for a rehearing which shall specify the particular grounds for
11rehearing. If no motion for rehearing is filed, then upon the
12expiration of the time specified for filing a motion, or if a
13motion for rehearing is denied, then upon denial, the
14Secretary may enter an order in accordance with the
15recommendation of the hearing officer. If the respondent
16orders from the reporting service, and pays for a transcript
17of the record within the time for filing a motion for
18rehearing, the 20-day period within which a motion may be
19filed shall commence upon the delivery of the transcript to
20the respondent.
21(Source: P.A. 98-363, eff. 8-16-13.)
 
22    Section 99. Effective date. This Section and Section 5
23take effect upon becoming law.