Illinois General Assembly - Full Text of HB2957
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Full Text of HB2957  101st General Assembly

HB2957ham001 101ST GENERAL ASSEMBLY

Rep. William Davis

Filed: 3/21/2019

 

 


 

 


 
10100HB2957ham001LRB101 10809 AMC 57962 a

1
AMENDMENT TO HOUSE BILL 2957

2    AMENDMENT NO. ______. Amend House Bill 2957 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Section 4.30 and by adding Section 4.40 as follows:
 
6    (5 ILCS 80/4.30)
7    Sec. 4.30. Acts repealed on January 1, 2020. The following
8Acts are repealed on January 1, 2020:
9    The Auction License Act.
10    The Community Association Manager Licensing and
11Disciplinary Act.
12    The Illinois Architecture Practice Act of 1989.
13    The Illinois Landscape Architecture Act of 1989.
14    The Illinois Professional Land Surveyor Act of 1989.
15    The Orthotics, Prosthetics, and Pedorthics Practice Act.
16    The Perfusionist Practice Act.

 

 

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1    The Pharmacy Practice Act.
2    The Professional Engineering Practice Act of 1989.
3    The Real Estate License Act of 2000.
4    The Structural Engineering Practice Act of 1989.
5(Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17;
6100-863, eff. 8-14-18.)
 
7    (5 ILCS 80/4.40 new)
8    Sec. 4.40. Act repealed on January 1, 2030. The following
9Act is repealed on January 1, 2030:
10    The Illinois Landscape Architecture Act of 1989.
 
11    Section 10. The Illinois Landscape Architecture Act of 1989
12is amended by changing Sections 2, 3, 4, 4.5, 5, 6, 6.5, 7, 8,
139, 10, 11, 11.5, 12, 15, 17, 18, 18.1, 19, 20, 22, 22.1, 23, 24,
1425, 26, 27, 28, 30, and 31 and by adding Section 9.5 as
15follows:
 
16    (225 ILCS 315/2)  (from Ch. 111, par. 8102)
17    (Section scheduled to be repealed on January 1, 2020)
18    Sec. 2. Short title Title. This Act may be cited as the
19Illinois Landscape Architecture Act of 1989.
20(Source: P.A. 86-932; 86-1475.)
 
21    (225 ILCS 315/3)  (from Ch. 111, par. 8103)
22    (Section scheduled to be repealed on January 1, 2020)

 

 

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1    Sec. 3. Definitions. As used in this Act:
2    (a) "Board" means the Illinois Landscape Architect
3Registration Board.
4    (b) "Department" means the Illinois Department of
5Financial and Professional Regulation.
6    (c) "Secretary" means the Secretary of Financial and
7Professional Regulation.
8    (d) "Landscape architect Architect" or "landscape
9architect design professional Landscape Architect Design
10Professional" means a person who, based on education,
11experience, and examination in the field of landscape
12architecture, is licensed under this Act.
13    (e) "Landscape architecture Architecture" means the art
14and science of arranging land, together with the spaces and
15objects upon it, for the purpose of creating a safe, efficient,
16healthful, and aesthetically pleasing physical environment for
17human use and enjoyment, as performed by landscape architects.
18    (f) "Landscape architectural practice Architectural
19Practice" means the offering or furnishing of professional
20services in connection with a landscape architecture project
21that do not require the seal of an architect, land surveyor,
22professional engineer, or structural engineer. Such services
23may include, but are not limited to, providing preliminary
24studies; developing design concepts; planning for the
25relationships of physical improvements and intended uses of the
26site; establishing form and aesthetic elements; analyzing and

 

 

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1providing for life safety requirements; developing those
2construction details on the site which are exclusive of any
3building or structure; preparing and coordinating technical
4submissions; and conducting site observation of a landscape
5architecture project.
6    (g) "Person" means any person, sole proprietorship, or
7entity such as a partnership, limited liability company,
8professional service corporation, or corporation.
9(Source: P.A. 96-730, eff. 8-25-09.)
 
10    (225 ILCS 315/4)  (from Ch. 111, par. 8104)
11    (Section scheduled to be repealed on January 1, 2020)
12    Sec. 4. Use of title. No person may represent himself or
13herself to be a landscape architect, use the title "landscape
14architect", "registered landscape architect", "licensed
15landscape architect", "landscape architect design
16professional", or any other title which includes the words
17"landscape architect" or "landscape architecture", unless
18licensed under this Act.
19(Source: P.A. 96-730, eff. 8-25-09.)
 
20    (225 ILCS 315/5)  (from Ch. 111, par. 8105)
21    (Section scheduled to be repealed on January 1, 2020)
22    Sec. 5. Title protection. Practice without license. No
23person shall hold himself or herself out as a landscape
24architect without being so registered by the Department. This

 

 

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1is title protection and not licensure by the Department.
2Nothing in this Act prevents any person from being engaged in
3the practice of landscape architecture so long as he or she
4does not represent himself or herself as, or use the titles of,
5"landscape architect", "registered landscape architect",
6"licensed landscape architect", "landscape architecture",
7"landscape architect design professional", or "landscape
8architecture design professional".
9(Source: P.A. 96-730, eff. 8-25-09.)
 
10    (225 ILCS 315/6)  (from Ch. 111, par. 8106)
11    (Section scheduled to be repealed on January 1, 2020)
12    Sec. 6. Issuance of certificate Certificate. If Whenever an
13applicant for licensure has complied with the provisions of
14Section 11 of this Act, the Department shall issue a
15certificate of licensure to the applicant as a licensed
16landscape architect subject to the provisions of this Act.
17(Source: P.A. 96-730, eff. 8-25-09.)
 
18    (225 ILCS 315/6.5)
19    (Section scheduled to be repealed on January 1, 2020)
20    Sec. 6.5. Display of license; seal.
21    (a) Every holder of a landscape architect license shall
22display his or her certificate of licensure in a conspicuous
23place in his or her principal office. A certificate of
24registration issued under this Act that is in good standing on

 

 

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1the effective date of this amendatory Act of the 96th General
2Assembly shall be deemed to be a certificate of licensure and
3the Department shall not be required to issue a new certificate
4of licensure to replace it.
5    (b) Every landscape architect shall have a seal, approved
6by the Department and the Board, which shall contain the name
7of the landscape architect, the number of his or her license,
8and the legend "Landscape Architect, State of Illinois" and
9other words or figures as the Department deems necessary.
10Plans, specifications, and reports related to landscape
11architectural practice and prepared by the landscape
12architect, or under his or her supervision, shall be stamped
13with his or her seal when filed. Notwithstanding the
14requirements of this Section, an architect, land surveyor,
15professional engineer, or structural engineer shall be
16permitted to affix his or her professional seal or stamp to any
17plans, specifications, and reports prepared by or under his or
18her responsible control in connection with the incidental
19practice of landscape architecture.
20    (c) A landscape architect who endorses a document with his
21or her seal while his or her license is suspended, expired, or
22has been revoked, who has been placed on probation or inactive
23status, or who endorses a document that the landscape architect
24did not actually prepare or supervise the preparation of, is
25subject to the penalties prescribed in Section 18.1.
26(Source: P.A. 96-730, eff. 8-25-09.)
 

 

 

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1    (225 ILCS 315/7)  (from Ch. 111, par. 8107)
2    (Section scheduled to be repealed on January 1, 2020)
3    Sec. 7. Address of record; email address of record Record.
4Every landscape architect shall maintain a current address and
5email address with the Department. It is the duty of every
6applicant and or licensee to inform the Department of any
7change of address or email address, and such changes must be
8made either through the Department's website or by directly
9contacting the Department.
10(Source: P.A. 96-730, eff. 8-25-09.)
 
11    (225 ILCS 315/8)  (from Ch. 111, par. 8108)
12    (Section scheduled to be repealed on January 1, 2020)
13    Sec. 8. Powers and duties Duties of the Department.
14    (a) The Department shall exercise the powers and duties
15prescribed by the Civil Administrative Code of Illinois for the
16administration of licensing acts and shall exercise such other
17powers and duties vested by this Act.
18    (b) The Department shall promulgate rules and regulations
19consistent with the provisions of this Act for the
20administration and enforcement thereof which shall include
21standards and criteria for licensure and for the payment of
22fees connected therewith. The Department shall prescribe forms
23required for the administration of this Act.
24    (c) The Department shall consult the Landscape

 

 

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1Architecture Board in promulgating rules and regulations.
2Notice of proposed rulemaking shall be transmitted to the Board
3and the Department shall review the Board's response and any
4recommendations made therein. The Department shall notify the
5Board in writing of the explanation for any deviations from the
6Board's recommendations and response.
7    (d) The Department may at any time seek the advice and the
8expert knowledge of the Board on any matter relating to the
9administration of this Act.
10    (e) (Blank). The Department shall issue a quarterly report
11to the Board setting forth the status of all complaints
12received by the Department related to landscape architectural
13practice.
14    (f) The Department shall maintain membership and
15representation in the national body composed of state licensing
16and testing boards for landscape architects.
17(Source: P.A. 96-730, eff. 8-25-09.)
 
18    (225 ILCS 315/9)  (from Ch. 111, par. 8109)
19    (Section scheduled to be repealed on January 1, 2020)
20    Sec. 9. Composition, qualification, and terms of Board.
21    (a) The Secretary shall appoint a Board consisting of 5
22persons who are residents of the State of Illinois and who
23shall be appointed by and shall serve in an advisory capacity
24to the Secretary. Four persons shall be individuals experienced
25in landscape architectural work who would qualify upon

 

 

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1application to the Department under the provisions of this Act
2to be licensed landscape architects, one of whom shall be a
3tenured member of the landscape architecture faculty of a
4university located within this State that maintains an
5accredited school of landscape architecture and 3 of whom shall
6have engaged in landscape architectural work for at least 5
7years. The fifth person shall be a public member, not an
8employee of the State of Illinois, who is not licensed or
9registered under this Act or a similar Act of another
10jurisdiction. The public member may not be elected or appointed
11as chairperson chairman of the Board or serve in such capacity
12in any other manner.
13    (b) Members of the Board shall serve 5-year 5 year terms
14and until their successors are appointed and qualified. No
15member shall be reappointed to the Board for a term which would
16cause that member's cumulative service on the Board to be
17longer than 10 years. No member who is an initial appointment
18to the Board shall be reappointed to the Board for a term which
19would cause that member's cumulative service on the Board to be
20longer than 13 years. Appointments to fill vacancies shall be
21made in the same manner as original appointments for the
22unexpired portion of the vacated term. Initial terms shall
23begin upon the effective date of this Act.
24    (c) The Secretary may remove any member of the Board for
25cause, which may include without limitation a member who does
26not attend 2 consecutive meetings.

 

 

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1    (d) The Secretary shall consider the recommendations of the
2Board on questions involving standards of professional
3conduct, discipline, and qualifications of applicants and
4licensees under this Act.
5    (e) Three members of the Board shall constitute a quorum. A
6quorum is required for Board decisions.
7    (f) The Board shall annually elect a chairperson and vice
8chairperson, both of whom shall be licensed landscape
9architects.
10(Source: P.A. 96-730, eff. 8-25-09.)
 
11    (225 ILCS 315/9.5 new)
12    Sec. 9.5. Board immunity. Members of the Board shall have
13no liability in an action based upon disciplinary proceeding or
14other activity performed in good faith as a member of the
15Board.
 
16    (225 ILCS 315/10)  (from Ch. 111, par. 8110)
17    (Section scheduled to be repealed on January 1, 2020)
18    Sec. 10. Application for registration Registration. An
19application for registration shall be made to the Department in
20writing on forms or electronically as prescribed by the
21Department and shall be accompanied by the required fee, which
22is not refundable shall not be returnable. The application
23shall require such information as, in the judgment of the
24Department, will enable the Department to pass on the

 

 

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1qualifications of the applicant for registration.
2(Source: P.A. 86-932.)
 
3    (225 ILCS 315/11)  (from Ch. 111, par. 8111)
4    (Section scheduled to be repealed on January 1, 2020)
5    Sec. 11. Licensure qualifications Qualifications.
6    (a) Every person applying to the Department for licensure
7shall do so on forms approved by the Department and shall pay
8the required fee. Every person applying to the Department for
9licensure shall submit, with his or her application,
10satisfactory evidence that the person holds an approved
11professional degree in landscape architecture from an approved
12and accredited program, as such terms are defined by the rules
13and regulations of the Department, and that he or she has had
14such practical experience in landscape architectural work as
15shall be required by the rules and regulations of the
16Department. Every applicant for initial licensure must have an
17approved professional degree. If an applicant is qualified the
18Department shall, by means of a written examination, examine
19the applicant on such technical and professional subjects as
20shall be required by the rules and regulations of the
21Department.
22    (b) The Department may exempt from such written examination
23an applicant who holds a certificate of qualification issued by
24the National Council of Landscape Architecture Registration
25Boards, or who holds a registration or license in another state

 

 

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1or U.S. jurisdiction which has equivalent or substantially
2equivalent requirements as the State of Illinois.
3    (c) The Department shall adopt rules determining
4requirements for practical training and education. The
5Department may also adopt the examinations and recommended
6grading procedures of the National Council of Landscape
7Architectural Registration Boards and the accreditation
8procedures of the Landscape Architectural Accrediting Board.
9The Department shall issue a certificate of licensure to each
10applicant who satisfies the requirements set forth in this
11Section. Such licensure shall be effective upon issuance.
12    (d) If an applicant neglects, fails without an approved
13excuse, or refuses to take an examination or fails to pass an
14examination to obtain a certificate of licensure under this Act
15within 3 years after filing the application, the application
16shall be denied. However, such applicant may thereafter submit
17a new application accompanied by the required fee.
18    (e) For a period of 2 years after the effective date of
19this amendatory Act of the 96th General Assembly, persons
20demonstrating to the Department that they have been engaged in
21landscape architectural practice for a period of 10 years and
22have an accredited degree and license in urban or regional
23planning, architecture, or civil engineering are eligible to
24achieve licensure through examination.
25(Source: P.A. 96-730, eff. 8-25-09.)
 

 

 

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1    (225 ILCS 315/11.5)
2    (Section scheduled to be repealed on January 1, 2020)
3    Sec. 11.5. Professional liability.
4    (a) Any individual licensed under this Act as a landscape
5architect is liable for his or her negligent or willful acts,
6errors, and omissions and any shareholder, member, or partner
7of any entity that provides landscape architecture services
8through an individual licensed under this Act is liable for the
9negligent or willful acts, errors, and omissions of the
10employees, members, and partners of the entity. Eligible claims
11of liability may be covered under a qualifying policy of
12professional liability insurance, as set forth in subsection
13(b) of this Section, maintained by an individual or entity.
14    (b) A qualifying policy of professional liability
15insurance must insure an individual or entity against liability
16imposed upon it by law for damages arising out of the negligent
17acts, errors, and omissions of the individual or of the
18licensed and unlicensed employees, members, and partners of the
19entity. The policy may exclude coverage of the following:
20        (1) a dishonest, fraudulent, criminal, or malicious
21    act or omission of the insured individual or entity or any
22    stockholder, employee, member, or partner of the insured
23    entity;
24        (2) the conducting of a business enterprise that is not
25    landscape architectural practice by the insured individual
26    or entity;

 

 

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1        (3) the conducting of a business enterprise in which
2    the insured individual or entity may be a partner or that
3    may be controlled, operated, or managed by the individual
4    or entity in its own or in a fiduciary capacity, including
5    without limitation the ownership, maintenance, or use of
6    property;
7        (4) bodily injury, sickness, disease, or death of a
8    person; or
9        (5) damage to or destruction of tangible property owned
10    by the insured individual or entity.
11The policy may include any other reasonable provisions with
12respect to policy periods, territory, claims, conditions, and
13ministerial matters.
14(Source: P.A. 96-730, eff. 8-25-09.)
 
15    (225 ILCS 315/12)  (from Ch. 111, par. 8112)
16    (Section scheduled to be repealed on January 1, 2020)
17    Sec. 12. Registration; renewal; restoration , Renewal,
18Restoration.
19    (a) The expiration date and renewal period for each
20registration issued under this Act shall be prescribed by the
21rules and regulations of the Department.
22    (b) Any person who has permitted his or her registration to
23expire or who has had his or her registration on inactive
24status may have his or her registration restored by applying to
25the Department, filing proof acceptable to the Department of

 

 

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1his or her fitness to have the registration restored, which may
2include sworn evidence certifying to active practice in another
3jurisdiction satisfactory to the Department and paying the
4required restoration fee.
5    (c) If the person has not maintained an active practice in
6another jurisdiction satisfactory to the Department, the Board
7shall determine, by an evaluation program established by rule,
8the person's fitness to resume active status and may require
9the successful completion of an examination.
10    (d) However, any person whose registration has expired
11while he or she has been engaged: (1) in Federal Service on
12active duty with the Armed Forces of the United States or the
13State Militia called into service or training; or (2) in
14training or education under the supervision of the United
15States preliminary to induction into the military service, may
16have his or her registration renewed or restored without paying
17any lapsed renewal fees if, within 2 years after termination of
18such service, training or education other than by dishonorable
19discharge, he or she furnishes the Department with satisfactory
20evidence to the effect that he or she has been so engaged and
21that the service, training, or education has been so
22terminated.
23    (e) Each application for renewal shall contain the
24signature of the landscape architect. The signature may be
25written or electronically affixed.
26(Source: P.A. 86-932.)
 

 

 

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1    (225 ILCS 315/15)  (from Ch. 111, par. 8115)
2    (Section scheduled to be repealed on January 1, 2020)
3    Sec. 15. Disposition of funds. All of the fees collected
4pursuant to this Act shall be deposited into in the General
5Professions Dedicated Fund.
6    On January 1, 2000 the State Comptroller shall transfer the
7balance of the monies in the Landscape Architects'
8Administration and Investigation Fund into the General
9Professions Dedicated Fund. Amounts appropriated for fiscal
10year 2000 out of the Landscape Architects' Administration and
11Investigation Fund may be paid out of the General Professions
12Dedicated Fund.
13    The moneys monies deposited into in the General Professions
14Dedicated Fund may be used for the expenses of the Department
15in the administration of this Act.
16    Moneys from the Fund may also be used for direct and
17allocable indirect costs related to the public purposes of the
18Department of Financial and Professional Regulation. Moneys in
19the Fund may be transferred to the Professions Indirect Cost
20Fund as authorized by Section 2105-300 of the Department of
21Professional Regulation Law of the Civil Administrative Code of
22Illinois (20 ILCS 2105/2105-300).
23(Source: P.A. 96-730, eff. 8-25-09.)
 
24    (225 ILCS 315/17)  (from Ch. 111, par. 8117)

 

 

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1    (Section scheduled to be repealed on January 1, 2020)
2    Sec. 17. Advertising. Any person licensed under this Act
3may advertise the availability of professional services in the
4public media or on the premises where such professional
5services are rendered if the provided that such advertising is
6truthful and not misleading.
7(Source: P.A. 96-730, eff. 8-25-09.)
 
8    (225 ILCS 315/18)  (from Ch. 111, par. 8118)
9    (Section scheduled to be repealed on January 1, 2020)
10    Sec. 18. Violation; injunction; cease and desist order.
11    (a) If any person violates the provisions of this Act, the
12Secretary may, in the name of the People of the State of
13Illinois, through the Attorney General of the State of Illinois
14or the State's Attorney of any county in which the action is
15brought, petition for an order enjoining such violation and for
16an order enforcing compliance with this Act. Upon the filing of
17a verified petition in court, the court may issue a temporary
18restraining order, without notice or bond, and may
19preliminarily and permanently enjoin such violation. If it is
20established that such person has violated or is violating the
21injunction, the court Court may punish the offender for
22contempt of court. Proceedings under this Section shall be in
23addition to, and not in lieu of, all other remedies and
24penalties provided in by this Act.
25    (b) (Blank). If any person shall hold himself or herself

 

 

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1out as a "landscape architect", "licensed landscape
2architect", or "registered landscape architect", or use any
3other title that includes the words "landscape architect" or
4"landscape architecture" without being licensed under the
5provisions of this Act, then any licensed landscape architect,
6any interested party or any person injured thereby may, in
7addition to the Secretary, petition for relief as provided in
8subsection (a) of this Section.
9    (c) Whoever holds himself or herself out as a "landscape
10architect", "licensed landscape architect", or "registered
11landscape architect", or uses any other title that includes the
12words "landscape architect" or "landscape architecture" in
13this State without being licensed under this Act shall be
14guilty of a Class A misdemeanor, and for each subsequent
15conviction shall be guilty of a Class 4 felony.
16    (d) If Whenever, in the opinion of the Department, a person
17violates any provision of this Act, the Department may issue a
18rule to show cause why an order to cease and desist should not
19be entered against that person. The rule shall clearly set
20forth the grounds relied upon by the Department and shall allow
21the person at least 7 days from the date of the rule to file an
22answer that is satisfactory to the Department. Failure to
23answer to the satisfaction of the Department shall cause an
24order to cease and desist to be issued.
25(Source: P.A. 96-730, eff. 8-25-09.)
 

 

 

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1    (225 ILCS 315/18.1)
2    (Section scheduled to be repealed on January 1, 2020)
3    Sec. 18.1. Grounds for discipline Discipline.
4    (a) The Department may refuse to issue or to renew, or may
5revoke, suspend, place on probation, reprimand, or take other
6disciplinary or non-disciplinary action as deemed appropriate
7including the imposition impositions of fines not to exceed
8$10,000 for each violation, as the Department may deem proper
9with regard to any license for any one or a combination of the
10following:
11        (1) Material misstatement in furnishing information to
12    the Department or to any other State agency.
13        (2) Negligent or intentional disregard of this Act, or
14    violation of any rules under this Act.
15        (3) Conviction of, or entry of a plea of guilty or nolo
16    contendere, finding of guilt, jury verdict, or entry of
17    judgment or sentencing, including, but not limited to,
18    convictions, preceding sentences of supervision,
19    conditional discharge, or first offender probation under
20    the laws of the United States or any state that is (i) a
21    felony or (ii) a misdemeanor, an essential element of which
22    is dishonesty, or any crime that is directly related to the
23    practice of the profession. Conviction of or plea of guilty
24    or nolo contendere to any crime under the laws of the
25    United States or any state or territory thereof that is a
26    felony, or that is a misdemeanor, an essential element of

 

 

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1    which is dishonesty, or of any crime that is directly
2    related to the practice of the profession.
3        (4) Making any misrepresentation for the purpose of
4    obtaining a license, or violating any provision of this Act
5    or its rules.
6        (5) Professional incompetence or gross negligence in
7    the rendering of landscape architectural services.
8        (6) Aiding or assisting another person in violating any
9    provision of this Act or any rules.
10        (7) Failing to provide information within 60 days in
11    response to a written request made by the Department.
12        (8) Engaging in dishonorable, unethical, or
13    unprofessional conduct of a character likely to deceive,
14    defraud, or harm the public and violating the rules of
15    professional conduct adopted by the Department.
16        (9) Habitual or excessive use or addiction to alcohol,
17    narcotics, stimulants, or any other chemical agent or drug
18    that results in an inability to practice with reasonable
19    skill, judgment, or safety.
20        (10) Discipline by another jurisdiction, if at least
21    one of the grounds for the discipline is the same or
22    substantially equivalent to those set forth in this
23    Section.
24        (11) Directly or indirectly giving to or receiving from
25    any person, firm, corporation, partnership, or association
26    any fee, commission, rebate, or other form of compensation

 

 

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1    for any professional service not actually rendered.
2        (12) A finding by the Board that the licensee, after
3    having the license placed on probationary status, has
4    violated the terms of probation.
5        (12.5) A finding by the Board that the licensee has
6    failed to pay a fine imposed by the Department.
7        (13) Abandonment of a client.
8        (14) Willfully filing false reports relating to a
9    licensee's practice, including, but not limited to, false
10    records filed with federal or State agencies or
11    departments.
12        (15) Being named as a perpetrator in an indicated
13    report by the Department of Children and Family Services
14    under the Abused and Neglected Child Reporting Act, and
15    upon proof by clear and convincing evidence that the
16    licensee has caused a child to be an abused child or
17    neglected child as defined in the Abused and Neglected
18    Child Reporting Act.
19        (16) Physical or mental disability, including
20    deterioration through the aging process or loss of
21    abilities and skills that results in the inability to
22    practice the profession with reasonable judgment, skill,
23    or safety.
24        (17) Solicitation of professional services by using
25    false or misleading advertising.
26        (18) Failure to file a return, or to pay the tax,

 

 

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1    penalty, or interest shown in a filed return, or to pay any
2    final assessment of tax, penalty, or interest, as required
3    by any tax Act administered by the Illinois Department of
4    Revenue or any successor agency or the Internal Revenue
5    Service or any successor agency.
6    (b) Any fines imposed under this Section shall not exceed
7$10,000 for each violation.
8    (c) The determination by a court that a licensee is subject
9to involuntary admission or judicial admission as provided in
10the Mental Health and Developmental Disabilities Code will
11result in an automatic suspension of his or her license. The
12suspension will end upon a finding by a court that the licensee
13is no longer subject to involuntary admission or judicial
14admission, the issuance of an order so finding and discharging
15the patient, and the recommendation of the Board to the
16Secretary that the licensee be allowed to resume professional
17practice.
18    (d) In enforcing this Section, the Board, upon a showing of
19a possible violation, may compel a person licensed under this
20Act or who has applied for licensure pursuant to this Act to
21submit to a mental or physical examination, or both, as
22required by and at the expense of the Department. The examining
23physicians shall be those specifically designated by the Board.
24The Board or the Department may order the examining physician
25to present testimony concerning this mental or physical
26examination of the licensee or applicant. No information shall

 

 

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1be excluded by reason of any common law or statutory privilege
2relating to communications between the licensee or applicant
3and the examining physician. The person to be examined may
4have, at his or her own expense, another physician of his or
5her choice present during all aspects of the examination.
6Failure of any person to submit to a mental or physical
7examination when directed shall be grounds for suspension of a
8license until the person submits to the examination if the
9Board finds, after notice and hearing, that the refusal to
10submit to the examination was without reasonable cause.
11    If the Board finds a person unable to practice because of
12the reasons set forth in this Section, the Board may require
13that person to submit to care, counseling, or treatment by
14physicians approved or designated by the Board as a condition,
15term, or restriction for continued, reinstated, or renewed
16licensure; or, in lieu of care, counseling, or treatment, the
17Board may recommend that the Department file a complaint to
18immediately suspend, revoke, or otherwise discipline the
19license of the person. Any person whose license was granted,
20continued, reinstated, renewed, disciplined, or supervised
21subject to such terms, conditions, or restrictions and who
22fails to comply with such terms, conditions, or restrictions
23shall be referred to the Secretary for a determination as to
24whether the person shall have his or her license suspended
25immediately, pending a hearing by the Board.
26(Source: P.A. 96-730, eff. 8-25-09.)
 

 

 

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1    (225 ILCS 315/19)  (from Ch. 111, par. 8119)
2    (Section scheduled to be repealed on January 1, 2020)
3    Sec. 19. Investigation; notice; and hearing. The
4Department may investigate the actions of any applicant or of
5any person or persons holding or claiming to hold a license.
6The Department shall, before suspending, revoking, placing on
7probationary status, or taking any other disciplinary action as
8the Department may deem proper with regard to any license, at
9least 30 days prior to the date set for the hearing, notify the
10applicant or licensee in writing of any charges made and the
11time and place for a hearing of the charges before the Board,
12direct him or her to file his or her written answer thereto to
13the Board under oath within 20 days after the service on him or
14her of such notice and inform him or her that if he or she fails
15to file such answer, default will be taken against him or her
16and his or her license may be suspended, revoked, placed on
17probationary status, or have other disciplinary action,
18including limiting the scope, nature, or extent of his or her
19practice, as the Department may deem proper taken with regard
20thereto. Written or electronic notice may be served by personal
21delivery, email, or mail to the applicant or licensee at his or
22her address of record or email address of record. At the time
23and place fixed in the notice, the Department shall proceed to
24hear the charges and the parties or their counsel shall be
25accorded ample opportunity to present such statements,

 

 

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1testimony, evidence, and argument as may be pertinent to the
2charges or to the defense thereto. The Department may continue
3such hearing from time to time. In case the applicant or
4licensee, after receiving notice, fails to file an answer, his
5or her license may in the discretion of the Secretary, having
6received first the recommendation of the Board, be suspended,
7revoked, or placed on probationary status or the Secretary may
8take whatever disciplinary action as he or she may deem proper,
9including limiting the scope, nature, or extent of such
10person's practice, without a hearing, if the act or acts
11charged constitute sufficient grounds for such action under
12this Act. The Department may investigate the actions or
13qualifications of any applicant or person holding or claiming
14to hold a license. The Department shall, before suspending or
15revoking, placing on probation, reprimanding, or taking any
16other disciplinary action under Section 18.1 of this Act, at
17least 30 days before the date set for the hearing, notify the
18applicant or licensee in writing of the nature of the charges
19and that a hearing will be held on the date designated. The
20written notice may be served by personal delivery or certified
21or registered mail to the applicant or licensee at the address
22of record with the Department. The Department shall direct the
23applicant or licensee to file a written answer with the
24Department, under oath, within 20 days after the service of the
25notice, and inform the person that if he or she fails to file
26an answer, his or her license may be revoked, suspended, placed

 

 

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1on probation, reprimanded, or the Department may take any other
2additional disciplinary action including the issuance of
3fines, not to exceed $10,000 for each violation, as the
4Department may consider necessary, without a hearing. At the
5time and place fixed in the notice, the Board shall proceed to
6hear the charges and the parties or their counsel. All parties
7shall be accorded an opportunity to present any statements,
8testimony, evidence, and arguments as may be pertinent to the
9charges or to their defense. The Board may continue the hearing
10from time to time.
11(Source: P.A. 96-730, eff. 8-25-09.)
 
12    (225 ILCS 315/20)  (from Ch. 111, par. 8120)
13    (Section scheduled to be repealed on January 1, 2020)
14    Sec. 20. Record of proceedings; transcript. The
15Department, at its expense, shall preserve a record of all
16proceedings at the formal hearing of any case involving the
17refusal to restore, issue, or renew a license, or the
18discipline of a licensee. The notice of hearing, complaint, and
19all other documents in the nature of pleadings and written
20motions filed in the proceedings, the transcript of testimony,
21the report of the Board, and the orders of the Department shall
22be the record of the proceedings. The Department shall furnish
23a transcript of the record to any person interested in the
24hearing upon payment of the fee required under Section 2105-115
25of the Department of Professional Regulation Law (20 ILCS

 

 

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12105/2105-115).
2(Source: P.A. 91-239, eff. 1-1-00.)
 
3    (225 ILCS 315/22)  (from Ch. 111, par. 8122)
4    (Section scheduled to be repealed on January 1, 2020)
5    Sec. 22. Compelling testimony. Any court, upon the
6application of the Department, designated hearing officer, or
7the applicant or licensee against whom proceedings under
8Section 18.1 of this Act are pending, may, enter an order
9requiring the attendance of witnesses and their testimony and
10the production of documents, papers, files, books, and records
11in connection with any hearing or investigation. The court may
12compel obedience to its order by proceedings for contempt.
13(Source: P.A. 88-363.)
 
14    (225 ILCS 315/22.1)
15    (Section scheduled to be repealed on January 1, 2020)
16    Sec. 22.1. Findings and recommendations. At the conclusion
17of the hearing, the Board shall present to the Secretary a
18written report of its findings of fact, conclusions of law, and
19recommendations. The report shall contain a finding whether the
20licensee violated this Act or failed to comply with the
21conditions required in this Act. The Board shall specify the
22nature of the violation or failure to comply, and shall make
23its recommendations to the Secretary.
24    The report of findings of fact, conclusions of law, and

 

 

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1recommendation of the Board shall be the basis for the
2Department's order for refusal or for the granting of the
3license. If the Secretary disagrees with the recommendations of
4the Board, the Secretary may issue an order in contravention of
5the Board recommendations. The Secretary shall provide a
6written report to the Board on any disagreement and shall
7specify the reasons for the action in the final order. The
8findings are not admissible in evidence against the person in a
9criminal prosecution for violation of this Act, but the hearing
10and findings are not a bar to a criminal prosecution for
11violation of this Act.
12(Source: P.A. 96-730, eff. 8-25-09.)
 
13    (225 ILCS 315/23)  (from Ch. 111, par. 8123)
14    (Section scheduled to be repealed on January 1, 2020)
15    Sec. 23. Board; rehearing Rehearing. At the conclusion of
16the hearing, a copy of the Board's report shall be served upon
17the accused person, either personally or as provided in this
18Act for the service of the notice. Within 20 days after such
19service, the applicant or licensee may present to the
20Department a motion in writing for a rehearing which shall
21specify the particular grounds for rehearing. If no motion for
22a rehearing is filed, then upon the expiration of the time
23specified for filing such a motion, or if a motion for
24rehearing is denied, then upon the denial, the Secretary may
25enter any order in accordance with recommendations of the

 

 

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1Board, except as provided in Section 120 of this Act. If the
2applicant or licensee requests and pays for a transcript of the
3record within the time for filing a motion for rehearing, the
420-day period within which a motion may be filed shall commence
5upon the delivery of the transcript to the applicant or
6licensee.
7    If Whenever the Secretary is not satisfied that substantial
8justice has been done, he or she may order a rehearing by the
9same or another special board. At the expiration of the time
10specified for filing a motion for a rehearing the Secretary has
11the right to take the action recommended by the Board.
12(Source: P.A. 96-730, eff. 8-25-09.)
 
13    (225 ILCS 315/24)  (from Ch. 111, par. 8124)
14    (Section scheduled to be repealed on January 1, 2020)
15    Sec. 24. Appointment of a hearing officer. The Secretary
16has the authority to appoint any attorney licensed to practice
17law in the State of Illinois to serve as the hearing officer in
18any action for refusal to issue or renew a license or permit or
19to discipline a licensee. The Secretary shall notify the Board
20of any such appointment. The hearing officer has full authority
21to conduct the hearing. One At least one member of the Board
22may shall attend each hearing. The hearing officer shall report
23his or her findings of fact, conclusions of law and
24recommendations to the Board and the Secretary. The Board has
2560 days from receipt of the report to review it and present its

 

 

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1findings of fact, conclusions of law and recommendations to the
2Secretary. If the Board fails to present its report within the
360-day 60 day period, the Secretary shall issue an order based
4on the report of the hearing officer. If the Secretary
5disagrees with the recommendation of the Board or hearing
6officer, the Secretary may issue an order in contravention of
7the recommendation. The Secretary shall promptly provide a
8written explanation to the Board on any disagreement.
9(Source: P.A. 96-730, eff. 8-25-09.)
 
10    (225 ILCS 315/26)  (from Ch. 111, par. 8126)
11    (Section scheduled to be repealed on January 1, 2020)
12    Sec. 26. Restoration of registration from discipline
13suspended or revoked license. At any time after the successful
14completion of a term of indefinite probation, suspension, or
15revocation of a registration, the Department may restore the
16registration to active status unless, after an investigation
17and a hearing, the Secretary determines that restoration is not
18in the public interest. No person whose registration has been
19revoked as authorized in this Act may apply for restoration of
20that registration until such time as provided for in the
21Department of Professional Regulation Law of the Civil
22Administrative Code of Illinois. At any time after the
23suspension or revocation of any license, the Department may
24restore it to the licensee upon the written recommendation of
25the Board, unless after an investigation and hearing the Board

 

 

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1determines that restoration is not in the public interest.
2(Source: P.A. 88-363.)
 
3    (225 ILCS 315/27)  (from Ch. 111, par. 8127)
4    (Section scheduled to be repealed on January 1, 2020)
5    Sec. 27. Surrender of certificate of registration license.
6Upon the revocation or suspension of a certificate of
7registration, the registrant shall immediately surrender the
8certificate of registration to the Department. If the
9registrant fails to do so, the Department shall have the right
10to seize the certificate of registration. Upon the revocation
11or suspension of any license, the licensee shall immediately
12surrender his or her license to the Department. If the licensee
13fails to do so, the Department has the right to seize the
14license.
15(Source: P.A. 88-363.)
 
16    (225 ILCS 315/28)  (from Ch. 111, par. 8128)
17    (Section scheduled to be repealed on January 1, 2020)
18    Sec. 28. Summary suspension of a license. The Secretary may
19summarily suspend the registration of a landscape architect
20without a hearing, simultaneously with the institution of
21proceedings for a hearing provided for in Section 19, if the
22Secretary finds that evidence indicates that continuation in
23practice would constitute an imminent danger to the public. If
24the Secretary summarily suspends a registration without a

 

 

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1hearing, a hearing by the Department shall be commenced within
230 days after the suspension has occurred and shall be
3concluded as expeditiously as possible. The Secretary may
4summarily suspend the license of a landscape architect without
5a hearing, simultaneously with the institution of proceedings
6for a hearing provided for in Section 24 of this Act, if the
7Secretary finds that evidence in the possession of the
8Secretary indicates that the continuation in practice by the
9landscape architect would constitute an imminent danger to the
10public. In the event that the Secretary temporarily suspends
11the license of an individual without a hearing, a hearing must
12be held within 30 days after such suspension has occurred.
13(Source: P.A. 96-730, eff. 8-25-09.)
 
14    (225 ILCS 315/30)  (from Ch. 111, par. 8130)
15    (Section scheduled to be repealed on January 1, 2020)
16    Sec. 30. Certification of record; costs. The Department
17shall not be required to certify a record to the court or file
18an answer in court or otherwise appear in a court in a judicial
19review proceeding, unless and until the Department has received
20from the plaintiff payment of the costs of furnishing and
21certifying the record, which costs shall be determined by the
22Department. Exhibits shall be certified without cost. Failure
23on the part of the plaintiff to file a receipt in court shall
24be grounds for dismissal of the action. The Department shall
25not be required to certify any record to the court or file an

 

 

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1answer in court, or to otherwise appear in any court in a
2judicial review proceeding, unless there is filed in the court
3with the complaint a receipt from the Department acknowledging
4payment of the costs of furnishing and certifying the record.
5Failure on the part of the plaintiff to file such receipt in
6court shall be grounds for dismissal of the action.
7(Source: P.A. 88-363.)
 
8    (225 ILCS 315/31)  (from Ch. 111, par. 8131)
9    (Section scheduled to be repealed on January 1, 2020)
10    Sec. 31. Illinois Administrative Procedure Act. The
11Illinois Administrative Procedure Act is hereby expressly
12adopted and incorporated herein as if all of the provisions of
13that Act were included in this Act, except that the provision
14of subsection (d) of Section 10-65 of the Illinois
15Administrative Procedure Act that provides that at hearings the
16licensee has the right to show compliance with all lawful
17requirements for retention, continuation or renewal of the
18license is specifically excluded. For the purposes of this Act,
19the notice required under Section 10-25 of the Illinois
20Administrative Procedure Act is deemed sufficient when mailed
21to the address of record of a party.
22(Source: P.A. 96-730, eff. 8-25-09.)
 
23    (225 ILCS 315/16 rep.)
24    Section 15. The Illinois Landscape Architecture Act of 1989

 

 

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1is amended by repealing Section 16.
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".