Illinois General Assembly - Illinois Compiled Statutes

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225 ILCS 320/5

(225 ILCS 320/5) (from Ch. 111, par. 1104)

Sec. 5. Advertising.

(a) Persons who advertise plumbing services shall,
at their place
of business, display the licensed plumber's license of at least one
member of the firm, partnership or officer of the corporation and shall
maintain a register listing the names and license numbers of all licensed
plumbers and all licensed apprentice plumbers currently employed by them.
The number of the license so displayed shall also be included with the
plumbing identification on vehicles.

(b) No person who provides plumbing services may advertise those services
unless
that person includes in the advertisement the license number that is required
to be displayed under
subsection (a). Nothing contained in this subsection
requires the publisher of advertising for plumbing services to investigate or
verify the accuracy of the license number provided by the
advertiser.

(b.5) Any person who advertises plumbing services (i) who fails to display
the license number required by subsection (a) in all manners required by
that subsection, (ii) who fails to provide a publisher with the correct number
under subsection (b), or (iii) who provides a publisher with a false license
number or a
license number of a person other than the person designated under subsection
(a), or any person who allows his or her license number to be displayed or used
in
order to allow any other person
to circumvent any
provisions of this Section is guilty of a Class A misdemeanor with a fine of
$1,000, which shall be subject to the enforcement provisions of Section 29 of
this Act. Each day that a person fails to display the required license under
subsection (a) and each day that an advertisement runs or each day that a
person
allows his or her license to be displayed or used in violation of this Section
constitutes a separate offense.

In addition to, and not in lieu of, the
penalties and remedies provided for in this Section and Section 29 of this Act,
any person licensed under this Act who violates any provision of this Section
shall be subject to suspension or revocation of his or her license under
Section 19 of this Act.

(b.10) In addition to, and not in lieu of, the penalties and remedies
provided for in this Section and Sections 19, 20, and 29 of this Act, and
after notice and an opportunity for hearing as provided for in this
subsection and Section 19 of this Act, the Department may issue an Order Of
Correction to the telecommunications carrier furnishing service to any
telephone number contained in a printed advertisement for plumbing services
that is found to be in violation of the provisions
of this subsection. The Order of Correction shall be limited to the
telephone number contained in the unlawful advertisement.  The Order of
Correction shall notify the telecommunications carrier to disconnect the
telephone service furnished to any telephone number contained in the
unlawful advertisement and that subsequent calls to that number shall not
be referred by the telecommunications carrier to any new telephone number
obtained by or any existing number registered to the person.

If, upon investigation, the Department has probable cause to believe
that a person has placed an advertisement with a telecommunications carrier
that: (i) contains a false license number, (ii) contains a license number
of a person other than the person designated under subsection (a), or (iii)
is placed or circulated by a person who is not properly licensed under this
Act, the Department shall provide notice to the person of the Department's
intent to issue an Order of Correction to the telecommunications carrier to
disconnect the telephone service furnished to any telephone number
contained in the unlawful advertisement, and that subsequent calls to that
number shall not be referred by the telecommunications carrier to any new
telephone number obtained by or any existing number registered to the
person.

Notice shall be provided by certified mail or by personal service
setting forth the particular reasons for the proposed action and fixing a
date, not less than 20 days from the date of the mailing or service, within
which time the person must request a hearing in writing. Failure to serve
upon the Department a written request for hearing within the time provided
in the notice shall constitute a waiver of the person's right to an
administrative hearing. The hearing, findings, and conclusions shall be in
accordance with the provisions contained in Section 19 of this Act and the
Department's Rules of Practice and Procedure in Administrative Hearings (77
Ill. Adm. Code 100), which are incorporated by reference herein.

Upon a finding that the person has violated the provisions of this
subsection, the Department shall issue the Order of Correction to the
telecommunications carrier. If the telecommunications carrier fails to
comply with the Order of Correction within 20 days after the order is
final, the Department shall inform the Illinois Commerce Commission of the
failure to comply and the Illinois Commerce Commission shall require the
telecommunications carrier furnishing services to that person to disconnect
the telephone service furnished to the telephone number contained in the
unlawful advertisement and direct that subsequent calls to that number
shall not be referred by the telecommunications carrier to any new
telephone number obtained by or any existing number registered to the
person.

A person may have his or her telephone services restored, after an
Order of Correction has been issued, upon a showing, to the satisfaction of
the Department, that he or she is in compliance with the provisions of this
Act.

(c) The Department may require by rule and regulation additional
information concerning licensed plumbers and licensed apprentice plumbers
maintained in the register.  The Department shall have the right to examine
the payroll records of such persons to determine compliance with this
provision.  The Department's right to examine payroll records is limited
solely to those records and does not extend to any other business records.

(Source: P.A. 103-154, eff. 6-30-23.)