Full Text of HB5514 96th General Assembly
HB5514sam001 96TH GENERAL ASSEMBLY
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Sen. Iris Y. Martinez
Filed: 4/14/2010
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09600HB5514sam001 |
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LRB096 17607 ASK 39950 a |
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| AMENDMENT TO HOUSE BILL 5514
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| AMENDMENT NO. ______. Amend House Bill 5514 on page 1, by | 3 |
| replacing line 5 with "amended by changing Sections 5 and 9.1 | 4 |
| as follows:"; and
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| on page 3, immediately below line 7, by inserting the | 6 |
| following: | 7 |
| "(225 ILCS 335/9.1) (from Ch. 111, par. 7509.1) | 8 |
| (Section scheduled to be repealed on January 1, 2016) | 9 |
| Sec. 9.1. Grounds for disciplinary action. The Department | 10 |
| may refuse
to issue or to renew, or may revoke, suspend, place | 11 |
| on probation, reprimand
or take other disciplinary or | 12 |
| non-disciplinary action as the Department may deem proper,
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| including fines not to exceed $10,000 for each violation, with | 14 |
| regard to any
license for any one or combination of the | 15 |
| following causes: | 16 |
| (a) violation of this Act or its rules; |
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| (b) conviction or plea of guilty or nolo contendere of | 2 |
| any crime under the laws of the United States or any state | 3 |
| or territory thereof that is (i) a felony or (ii) a | 4 |
| misdemeanor, an essential element
of which is dishonesty or | 5 |
| that is
directly related to the
practice of the profession; | 6 |
| (c) making any misrepresentation for the purpose of | 7 |
| obtaining a license; | 8 |
| (d) professional incompetence or gross negligence in | 9 |
| the practice of
roofing contracting, prima facie evidence | 10 |
| of which may be a conviction or judgment in any court of | 11 |
| competent jurisdiction against an applicant or licensee | 12 |
| relating to the practice of roofing contracting or the | 13 |
| construction of a roof or repair thereof that results in | 14 |
| leakage within 90 days after the completion of such work; | 15 |
| (e) (blank); | 16 |
| (f) aiding or assisting another person in violating any | 17 |
| provision of
this Act or rules; | 18 |
| (g) failing, within 60 days, to provide information in | 19 |
| response to a
written request made by the Department which | 20 |
| has been sent by certified or
registered mail to the | 21 |
| licensee's last known address; | 22 |
| (h) engaging in dishonorable, unethical, or | 23 |
| unprofessional conduct of a
character likely to deceive, | 24 |
| defraud, or harm the public; | 25 |
| (i) habitual or excessive use or addiction to alcohol, | 26 |
| narcotics,
stimulants or any other chemical agent or drug |
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| which results in the
inability to practice with reasonable | 2 |
| judgment, skill, or safety; | 3 |
| (j) discipline by another U.S. jurisdiction or foreign | 4 |
| nation, if at
least one of the grounds for the discipline | 5 |
| is the same or substantially
equivalent to those set forth | 6 |
| in this Section; | 7 |
| (k) directly or indirectly giving to or receiving from | 8 |
| any person, firm,
corporation, partnership, or association | 9 |
| any fee, commission, rebate, or
other form of compensation | 10 |
| for any professional services not actually or
personally | 11 |
| rendered; | 12 |
| (l) a finding by the Department that the licensee, | 13 |
| after having his
or her license placed on probationary | 14 |
| status has violated the terms of
probation; | 15 |
| (m) a finding by any court of competent jurisdiction, | 16 |
| either within or
without this State, of any violation of | 17 |
| any law governing the practice of
roofing contracting, if | 18 |
| the Department determines, after investigation,
that such | 19 |
| person has not been sufficiently rehabilitated to warrant | 20 |
| the
public trust; | 21 |
| (n) a finding that licensure has been applied for or | 22 |
| obtained by
fraudulent means; | 23 |
| (o) practicing, attempting to practice, or advertising | 24 |
| under
a name
other than the
full name as shown on the | 25 |
| license or any other legally authorized name; | 26 |
| (p) gross and willful overcharging for professional |
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| services including
filing false statements for collection | 2 |
| of fees or monies for which services
are not rendered; | 3 |
| (q) failure to file a return, or to pay the tax, | 4 |
| penalty or interest
shown in a filed return, or to pay any | 5 |
| final assessment of tax, penalty or
interest, as required | 6 |
| by any tax Act administered by the Illinois
Department of | 7 |
| Revenue, until such time as the requirements of any such | 8 |
| tax
Act are satisfied; | 9 |
| (r) the Department shall deny any license or renewal | 10 |
| under this
Act to any person who has defaulted on an | 11 |
| educational loan guaranteed by
the Illinois State | 12 |
| Scholarship Commission; however, the Department may
issue | 13 |
| a license or renewal if the person in default has | 14 |
| established a
satisfactory repayment record as determined | 15 |
| by the Illinois State
Scholarship Commission; | 16 |
| (s) failure to continue to meet the requirements of | 17 |
| this Act shall be
deemed a violation; | 18 |
| (t) physical or mental disability, including | 19 |
| deterioration through the
aging process or loss of | 20 |
| abilities and skills that result in an inability to
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| practice the profession with reasonable judgment, skill, | 22 |
| or safety; | 23 |
| (u) material misstatement in furnishing information to | 24 |
| the Department or
to
any other State agency; | 25 |
| (v) the determination by a court that a licensee is | 26 |
| subject to involuntary
admission or judicial admission as |
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| provided in the Mental Health and
Developmental | 2 |
| Disabilities Code will result in an automatic suspension of | 3 |
| his
or her license. The suspension will end upon a finding | 4 |
| by a court that the
licensee is no longer subject to | 5 |
| involuntary admission or judicial admission,
the issuance | 6 |
| of an order so finding and discharging the patient, and the
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| recommendation of the Board to the Director that the | 8 |
| licensee be allowed to
resume professional practice; | 9 |
| (w) advertising in any manner that is false, | 10 |
| misleading, or deceptive; | 11 |
| (x) taking undue advantage of a customer, which results | 12 |
| in the perpetration of a fraud; | 13 |
| (y) performing any act or practice that is a violation | 14 |
| of the Consumer Fraud and Deceptive Business Practices Act; | 15 |
| (z) engaging in the practice of roofing contracting, as | 16 |
| defined in this Act, with a suspended, revoked, or | 17 |
| cancelled license; | 18 |
| (aa) treating any person differently to the person's | 19 |
| detriment because of race, color, creed, gender, age, | 20 |
| religion, or national origin; | 21 |
| (bb) knowingly making any false statement, oral, | 22 |
| written, or otherwise, of a character likely to influence, | 23 |
| persuade, or induce others in the course of obtaining or | 24 |
| performing roofing contracting services; or | 25 |
| (cc) violation of any final administrative action of | 26 |
| the Secretary.
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| (dd) Allowing the use of his or her roofing license by | 2 |
| an unlicensed roofing contractor for the purposes of | 3 |
| providing roofing or waterproofing services. | 4 |
| (ee) Aiding or assisting another person in violating | 5 |
| any provision of this Act or its rules, including, but not | 6 |
| limited to, Section 9 of this Act. | 7 |
| The changes to this Act made by this amendatory Act of 1997 | 8 |
| apply only
to disciplinary actions relating to events occurring | 9 |
| after the effective date
of
this amendatory Act of 1997. | 10 |
| (Source: P.A. 95-303, eff. 1-1-08.)".
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