(225 ILCS 411/5-25) (Section scheduled to be repealed on January 1, 2027)
Sec. 5-25. Powers and duties of the Department. The Department shall, subject to the provisions of this Act, exercise the following functions, powers, and duties: (1) Authorize certification programs to ascertain the |
| qualifications and fitness of applicants for licensing as a licensed cemetery manager or as a customer service employee to ascertain whether they possess the requisite level of knowledge for such position.
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(2) Examine a licensed cemetery authority's records
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| from any year or any other aspects of cemetery operation as the Department deems appropriate.
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(3) Investigate any and all cemetery operations.
(4) Conduct hearings on proceedings to refuse to
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| issue, renew, or restore licenses or to revoke, suspend, place on probation, or reprimand a licensee under this Act.
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(5) Adopt rules required for the administration of
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(6) Prescribe forms to be issued for the
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| administration and enforcement of this Act.
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(7) (Blank).
(8) Work with the Office of the Comptroller and the
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| Department of Public Health, Division of Vital Records to exchange information and request additional information relating to a licensed cemetery authority.
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(9) Investigate cemetery contracts, grounds, or
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(10) Issue licenses to those who meet the
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| requirements of this Act.
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(11) Conduct investigations related to possible
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If the Department exercises its authority to conduct investigations under this Section, the Department shall provide the cemetery authority with information sufficient to challenge the allegation. If the complainant consents, then the Department shall provide the cemetery authority with the identity of and contact information for the complainant so as to allow the cemetery authority and the complainant to resolve the complaint directly. Except as otherwise provided in this Act, any complaint received by the Department and any information collected to investigate the complaint shall be maintained by the Department for the confidential use of the Department and shall not be disclosed. The Department may not disclose the information to anyone other than law enforcement officials or other regulatory agencies or persons that have an appropriate regulatory interest, as determined by the Secretary, or to a party presenting a lawful subpoena to the Department. Information and documents disclosed to a federal, state, county, or local law enforcement agency shall not be disclosed by the agency for any purpose to any other agency or person. A formal complaint filed against a licensee by the Department or any order issued by the Department against a licensee or applicant shall be a public record, except as otherwise prohibited by law.
(Source: P.A. 102-20, eff. 6-25-21.)
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(225 ILCS 411/10-21) (Section scheduled to be repealed on January 1, 2027)
Sec. 10-21. Qualifications for licensure. (a) An applicant is qualified for licensure as a cemetery authority if the applicant meets all of the following qualifications: (1) The applicant has not committed any act or |
| offense in any jurisdiction that would constitute the basis for discipline under this Act. When considering such license, the Department shall take into consideration the following:
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(A) the applicant's record of compliance with the
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| Code of Professional Conduct and Ethics, and whether the applicant has been found to have engaged in any unethical or dishonest practices in the cemetery business;
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(B) whether the applicant has been adjudicated,
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| civilly or criminally, to have committed fraud or to have violated any law of any state involving unfair trade or business practices, has been convicted of a misdemeanor of which fraud is an essential element or which involves any aspect of the cemetery business, or has been convicted of any felony;
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(C) whether the applicant has willfully violated
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| any provision of this Act or a predecessor law or any regulations relating thereto;
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(D) whether the applicant has been permanently or
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| temporarily suspended, enjoined, or barred by any court of competent jurisdiction in any state from engaging in or continuing any conduct or practice involving any aspect of the cemetery or funeral business; and
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(E) whether the applicant has ever had any
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| license to practice any profession or occupation suspended, denied, fined, or otherwise acted against or disciplined by the applicable licensing authority.
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If the applicant is a corporation, limited liability
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| company, partnership, or other entity permitted by law, then the Department shall determine whether each principal, owner, member, officer, and shareholder holding 25% or more of corporate stock has met the requirements of this item (1) of subsection (a) of this Section.
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(2) The applicant must provide a statement of its
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| assets and liabilities to the Department.
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(3) The applicant has not, within the preceding 10
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| years, been convicted of or entered a plea of guilty or nolo contendere to (i) a Class X felony or (ii) a felony, an essential element of which was fraud or dishonesty under the laws of this State, another state, the United States, or a foreign jurisdiction that is directly related to the practice of cemetery operations. If the applicant is a corporation, limited liability company, partnership, or other entity permitted by law, then each principal, owner, member, officer, and shareholder holding 25% or more of corporate stock has not, within the preceding 10 years, been convicted of or entered a plea of guilty or nolo contendere to (i) a Class X felony or (ii) a felony, an essential element of which was fraud or dishonesty under the laws of this State, another state, the United States, or a foreign jurisdiction that is directly related to the practice of cemetery operations.
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(4) The applicant shall authorize the Department to
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| conduct a criminal background check that does not involve fingerprinting.
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(5) In the case of a person or entity applying for
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| renewal of his, her, or its license, the applicant has complied with all other requirements of this Act and the rules adopted for the implementation of this Act.
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(b) A person is qualified for licensure as a cemetery manager or customer service employee if he or she meets all of the following requirements:
(1) Is at least 18 years of age.
(2) Has acted in an ethical manner as set forth in
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| Section 10-23 of this Act. In determining qualifications of licensure, the Department shall take into consideration the factors outlined in item (1) of subsection (a) of this Section.
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(3) Submits proof of successful completion of a high
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| school education or its equivalent as established by rule.
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(4) The applicant shall authorize the Department to
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| conduct a criminal background check that does not involve fingerprinting.
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(5) Has not committed a violation of this Act or any
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| rules adopted under this Act that, in the opinion of the Department, renders the applicant unqualified to be a cemetery manager.
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(6) Submits proof of successful completion of a
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| certification course recognized by the Department for a cemetery manager or customer service employee, whichever the case may be.
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(7) Has not, within the preceding 10 years, been
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| convicted of or entered a plea of guilty or nolo contendere to (i) a Class X felony or (ii) a felony, an essential element of which was fraud or dishonesty under the laws of this State, another state, the United States, or a foreign jurisdiction that is directly related to the practice of cemetery operations.
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(8) (Blank).
(9) In the case of a person applying for renewal of
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| his or her license, has complied with all other requirements of this Act and the rules adopted for implementation of this Act.
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(c) Each applicant for a cemetery authority, cemetery manager, or customer service employee license shall authorize the Department to conduct a criminal background check that does not involve fingerprinting. The Department must, in turn, conduct the criminal background check on each applicant. The Department shall adopt rules to implement this subsection (c), but in no event shall the Department impose a fee upon the applicant for the background check.
(Source: P.A. 102-20, eff. 6-25-21.)
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(225 ILCS 411/10-23) (Section scheduled to be repealed on January 1, 2027)
Sec. 10-23. Code of Professional Conduct and Ethics. Licensed cemetery authorities and their licensed cemetery managers and customer service employees, and cemetery authorities maintaining a partial exemption and their cemetery managers and customer service employees shall: (a) refrain from committing any action that may |
| violate Section 25-10 of this Act;
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(b) be aware of applicable federal and State laws and
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| regulations, adhere to those laws and regulations, and be able to explain them to families in an understandable manner;
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(c) treat all human remains with proper care and
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| dignity, honoring known religious, ethnic, and personal beliefs;
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(d) protect all confidential information;
(e) carry out all aspects of service in a competent
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(f) fulfill all written and verbal agreements and
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(g) provide honest, factual, and complete information
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| regarding all aspects of the services offered and provided;
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(h) not engage in advertising that is false,
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| misleading, or otherwise prohibited by law;
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(i) not discriminate against any person because of
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| race, creed, marital status, sex, national origin, sexual orientation, or color, except a religious cemetery may restrict its services to those of the same religious faith or creed. A cemetery authority operating any cemetery may designate parts of cemeteries or burial grounds for the specific use of persons whose religious code requires isolation;
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(j) to have clear and specific cemetery rules and
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| regulations, subject to other applicable law, including this Act, and to apply them equally to all consumers and individuals served;
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(k) report all violations of this Act and this
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| Section to the Department.
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(Source: P.A. 103-421, eff. 1-1-24 .)
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(225 ILCS 411/10-45) (Section scheduled to be repealed on January 1, 2027)
Sec. 10-45. Transfer or sale, preservation of license. (a) (Blank). (b) In the event of a sale or transfer of all or substantially all of the assets of the cemetery authority, the sale or transfer of the controlling interest of the corporate stock of the cemetery authority, if the cemetery authority is a corporation, or the sale or transfer of the controlling interest of the partnership, if the cemetery authority is a partnership, or the sale or transfer of the controlling membership, if the cemetery authority is a limited liability company, the cemetery authority shall, at least 30 days prior to the sale or transfer, notify the Department, in writing, of the pending date of sale or transfer. The sale or transfer may not be completed by the cemetery authority unless and until: (1) (Blank). (2) (Blank). (3) the Department issues a new cemetery authority |
| license upon application of the newly controlled corporation or partnership, which license must be applied for at least 30 days prior to the anticipated date of the sale or transfer.
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(c) In the event of a sale or transfer of any cemetery land, including any portion of cemetery land in which no human remains have been interred, a licensee shall, at least 45 days prior to the sale or transfer, notify the Department, in writing, of the pending sale or transfer. With the notification, the cemetery authority shall submit information to the Department, which may include a copy of a portion of the cemetery map showing the land to be sold or transferred, to enable the Department to determine whether any human remains are interred, inurned, or entombed within the land to be sold or transferred and whether consumers have rights of interment, inurnment, or entombment within the land to be sold or transferred.
(d) For purposes of this Section, a person who acquires the cemetery through a real estate foreclosure shall be subject to the provisions of this Section pertaining to the purchaser, including licensure.
(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .)
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