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Public Act 91-0132
SB122 Enrolled LRB9102226ACtm
AN ACT concerning professional land surveyors.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Sunset Act is amended by
changing Section 4.10 and adding Section 4.20 as follows:
(5 ILCS 80/4.10) (from Ch. 127, par. 1904.10)
Sec. 4.10. The following Acts are repealed December 31,
1999:
The Fire Equipment Distributor and Employee Regulation
Act.
The Professional Engineering Practice Act of 1989.
The Structural Engineering Licensing Act of 1989.
The Illinois Architecture Practice Act of 1989.
The Illinois Landscape Architecture Act of 1989.
The Illinois Professional Land Surveyor Act of 1989.
The Land Sales Registration Act of 1989.
The Real Estate License Act of 1983.
(Source: P.A. 86-667; 86-702; 86-711; 86-925; 86-932; 86-987;
86-1007; 86-1028.)
(5 ILCS 80/4.20 new)
Sec. 4.20. Act repealed on January 1, 2010. The
following Act is repealed on January 1, 2010:
The Illinois Professional Land Surveyor Act of 1989.
Section 10. The Illinois Professional Land Surveyor Act
of 1989 is amended by changing Sections 4, 6, 7, 8, 10, 12,
13, 14, 15, 18, 20, 21, 25 and 27 and adding Section 18.5 as
follows:
(225 ILCS 330/4) (from Ch. 111, par. 3254)
Sec. 4. Definitions. As used in this Act:
(a) "Department" means the Department of Professional
Regulation.
(b) "Director" means the Director of Professional
Regulation.
(c) "Board" means the Land Surveyors Licensing Examining
Board.
(d) "Direct supervision and control" means the personal
review by a Licensed Professional Land Surveyor of each
survey, including, but not limited to, procurement, research,
field work, calculations, preparation of legal descriptions
and plats. The personal review shall be of such a nature as
to assure the client that the Professional Land Surveyor or
the firm for which the Professional Land Surveyor is employed
is the provider of the surveying services.
(e) "Responsible charge" means an individual responsible
for the various components of the land survey operations
subject to the overall supervision and control of the
Professional Land Surveyor.
(f) "Design professional" means a land surveyor,
architect, structural engineer, or professional engineer
practicing in conformance with this Act, the Illinois
Architecture Practice Act of 1989, the Structural Engineering
Licensing Act of 1989, or the Professional Engineering
Practice Act of 1989.
(g) "Professional Land Surveyor" means any person
licensed under the laws of the State of Illinois to practice
land surveying, as defined by this Act or its rules.
(h) "Land Surveyor-in-Training" means any person
licensed under the laws of the State of Illinois who has
qualified for, taken, and passed an examination in the
fundamental land surveyor-in-training subjects as provided by
this Act or its rules.
(i) "Land surveying experience" means those activities
enumerated in Section 5 of this Act, which, when exercised in
combination, to the satisfaction of the Board, is proof of an
applicant's broad range of training in and exposure to the
prevailing practice of land surveying.
(Source: P.A. 86-987; 86-1475.)
(225 ILCS 330/6) (from Ch. 111, par. 3256)
Sec. 6. Powers and duties of the Department. (a) The
Department shall exercise the powers and duties prescribed by
The Illinois Administrative Procedure Act for the
administration of licensing Acts. The Department shall also
exercise, subject to the provisions of this Act, the
following powers and duties:
(1) Conduct or authorize examinations to ascertain the
fitness and qualifications of applicants for licensure and
issue licenses to those who are found to be fit and
qualified.
(2) Prescribe rules for a method of examination.
(3) Conduct hearings on proceedings to revoke, suspend,
or refuse to issue, renew, or restore a license, or other
disciplinary actions.
(4) Promulgate rules and regulations required for the
administration of this Act.
(5) License corporations and partnerships for the
practice of professional surveying and issue a license to
those who qualify.
(6) Prescribe, adopt, and amend rules as to what shall
constitute a surveying or related science curriculum,
determine if a specific surveying curriculum is in compliance
with the rules, and terminate the approval of a specific
surveying curriculum for non-compliance with such rules.
(7) Maintain membership in the National Council of
Engineering Examiners and participate in activities of the
Council by designating individuals for the various
classifications of membership and appoint delegates for
attendance at zone and national meetings of the Council.
(8) Obtain written recommendations from the Board
regarding qualification of individuals for licensing,
definition of curriculum content and approval of surveying
curriculums, standards of professional conduct and
disciplinary actions, promulgate and amend the rules
affecting these matters, and consult with the Board on other
matters affecting administration of the Act.
(a-5) The Department may promulgate rules for a Code of
Ethics and Standards of Practice to be followed by persons
licensed under this Act. The Department shall consider the
recommendations of the Board in establishing the Code of
Ethics and Standards of Practice.
(b) The Department shall consult with the Board in
promulgating rules. Notice of proposed rulemaking shall be
transmitted to the Board and the Department shall review the
Board's response and recommendations.
(c) The Department shall review the Board's
recommendation of the applicants' qualifications. The
Director shall notify the Board in writing with an
explanation of any deviation from the Board's recommendation.
After review of the Director's written explanation of his or
her reasons for deviation, the Board shall have the
opportunity to comment upon the Director's decision.
Whenever the Director is not satisfied that substantial
justice has been done in the revocation or suspension of a
license, or other disciplinary action the Director may order
re-hearing by the same or other boards.
None of the functions, powers or duties enumerated in
this Section shall be exercised by the Department except upon
the action and report in writing of the Board.
(Source: P.A. 86-987.)
(225 ILCS 330/7) (from Ch. 111, par. 3257)
Sec. 7. Creation of the Board; Composition and
qualifications and terms of the Board. The Board shall be
appointed by the Director and shall consist of 7 members, one
of whom shall be a public member and 6 of whom shall be
Professional Land Surveyors. The members shall be residents
of Illinois. Each Professional Land Surveyor member shall
(a) currently hold a valid Professional Land Surveyor license
in Illinois and shall have held the license under this Act or
its predecessor for the previous 10 year period, and (b) have
not been disciplined within the last 10 year period under
this Act or its predecessor. The public member shall not be
an employee of the State of Illinois or of the federal
government, and shall not be licensed under this Act or any
other Act the Department administers.
Members shall be appointed who reasonably represent the
different geographic areas of Illinois and shall serve for 5
year terms, and until their successors are qualified and
appointed. The term of the initial appointments shall be as
follows: the public member shall be appointed to serve for 3
years, 2 land surveyor members shall be appointed to serve
for 2 years, 2 land surveyor members shall be appointed to
serve for 4 years, and 2 land surveyor members shall be
appointed to serve for 5 years, and until their successors
are qualified and appointed. A member shall not be eligible
for appointment to more than 2 consecutive 5 year terms.
Appointments to fill vacancies shall be made in the same
manner as original appointments, for the unexpired portion of
the term. Initial terms shall begin on the effective date of
this Act. Board members currently appointed under this The
Illinois Land Surveyors Act and in office on the effective
date of this Act shall continue to hold office until their
terms expire and they are replaced initial appointees under
this Act are qualified and appointed. All appointments shall
be made on the basis of individual professional
qualifications with the exception of the public member and
shall not be based upon race, sex, or religious or political
affiliations.
Each member of the Board shall receive compensation when
attending to the work of the Board or any of its committees
and for time spent in necessary travel. In addition, members
shall be reimbursed for actual traveling, incidentals and
expenses necessarily incurred in carrying out their duties as
members of the Board.
The Director shall consider the advice and
recommendations of the Board on issues involving standards of
professional conduct, discipline and qualifications of the
candidates and licensees under this Act.
The Director shall make the Board appointments within 90
days of any vacancy. The Professional Land Surveyor members
shall be selected from a current list of candidates updated
by June 1 of each year, as submitted by members of the land
surveying profession and by affiliated organizations.
Members of the Board shall be immune from suit in any
action based upon any disciplinary proceedings or other
activities performed in good faith as members of the Board.
The Director may remove any member of the Board for
misconduct, incompetence, neglect of duty, or for any reason
prescribed by law for removal of State Officials or for not
attending 2 consecutive Board meetings.
(Source: P.A. 86-987.)
(225 ILCS 330/8) (from Ch. 111, par. 3258)
Sec. 8. Powers and duties of the Board; quorum. Subject
to the provisions of this Act, the Board shall exercise the
following functions, powers, and duties:
(a) Review education and experience qualifications of
applicants to determine eligibility as a Professional Land
Surveyor or Land Surveyor-in-Training and submit to the
Director written recommendations on applicant qualifications
for licensing;
(b) Conduct hearings regarding disciplinary actions and
submit a written report to the Director as required by this
Act and provide a Board member at informal conferences;
(c) Visit universities or colleges to evaluate surveying
curricula and submit to the Director a written recommendation
of acceptability of the curriculum;
(d) Submit a written recommendation to the Director
concerning promulgation or amendment of rules for the
administration of this Act;
(e) The Department may at any time seek the expert
advice and knowledge of the Board on any matter relating to
the enforcement of this Act;
(f) The Board may appoint a subcommittee to serve as a
Complaint Committee to recommend the disposition of case
files according to procedures established by rule;
(g) Hold at least 3 regular meetings each year; and
(h) The Board shall annually elect a Chairperson and a
Vice Chairperson chairman who shall be licensed an Illinois
Professional Land Surveyors Surveyor.
A quorum of the Board shall consist of a majority of
Board members appointed.
(Source: P.A. 88-428.)
(225 ILCS 330/10) (from Ch. 111, par. 3260)
Sec. 10. Application for original license. Every person
who desires to obtain a license shall apply to the Department
in writing, upon forms prepared and furnished by the
Department. Each application shall contain statements made
under oath, showing the applicant's education, a detailed
summary of his or her land surveying experience, and
verification of the applicant's land surveying experience by
the applicant's supervisor who shall be a licensed land
surveyor and at least one reference who is a Professional
Land Surveyor having personal knowledge of the applicant's
land surveying experience and who shall certify the
applicant's experience to the satisfaction of the Board, and
the application shall be accompanied with the required fee.
The Department may require an applicant, at the applicant's
expense, to have an evaluation of the applicant's education
in a foreign country by a nationally recognized educational
body approved by the Board in accordance with rules
prescribed by the Department.
An applicant who graduated from a land surveying program
outside the United States or its territories and whose first
language is not English shall submit certification of passage
of the Test of English as a Foreign Language (TOEFL) and the
Test of Spoken English (TSE) as defined by rule before taking
the licensure examination.
(Source: P.A. 89-594, eff. 8-1-96.)
(225 ILCS 330/12) (from Ch. 111, par. 3262)
Sec. 12. Qualifications for licensing.
(a) A person is qualified to receive a license as a
Professional Land Surveyor and the Department shall issue a
license to a person:
(1) who has applied in writing in the required form
and substance to the Department;
(2) (blank);
(3) who is of good moral character;
(4) who has been issued a acquired an Illinois
license as a Land Surveyor-in-Training;
(5) who has at least 4 years of responsible charge
experience, subsequent to passage of an examination for
licensure as a Land Surveyor-in-Training, verified by a
Professional Land Surveyor in responsible charge of land
surveying operations under the direct supervision and
control of a an Illinois Professional Land Surveyor; and
(6) who has passed an examination authorized by the
Department to determine his or her fitness to receive a
license as a Professional Land Surveyor.
(b) A person is qualified to receive a license as a Land
Surveyor-in-Training and the Department shall issue a license
to a person:
(1) who has applied in writing in the required form
and substance to the Department;
(2) (blank);
(3) who is of good moral character;
(4) who has the required education and experience
in the practice of land surveying as set forth in this
Act; and
(5) who has passed an examination authorized by the
Department to determine his or her fitness to receive a
license as a Land Surveyor-in-Training in accordance with
this Act.
In determining moral character under this Section, the
Department may take into consideration whether the applicant
has engaged in conduct or actions that would constitute
grounds for discipline under this Act any felony conviction
or any violation of this Act by the applicant, but such a
conviction shall not operate as an absolute bar to licensing.
(Source: P.A. 89-387, eff. 8-20-95.)
(225 ILCS 330/13) (from Ch. 111, par. 3263)
Sec. 13. Qualifications for examination for Licensed
Land Surveyor-in-Training. (a) Applicants for the
examination for Land Surveyor-in-Training shall have:
(1) a baccalaureate degree in Land Surveying from an
accredited college or university;, or a baccalaureate degree
in a related science including at least 24 semester hours of
land surveying courses from a Board approved curriculum of an
accredited institution;
(2) a baccalaureate degree in a related science
including at least 24 semester hours of land surveying
courses from a Board approved curriculum of an accredited
institution. a baccalaureate degree in a related science as
approved by the Board, from an accredited college or
university and 2 years land surveying experience;
(3) an associate degree in Land Surveying Technology
from an accredited junior college and 3 years land surveying
experience;
(4) an associate degree in engineering technology from
an accredited junior college and 4 years land surveying
experience; or
(5) a high school diploma or its equivalent and 8 years
land surveying experience.
Beginning January 1, 1998, an applicant must have a
baccalaureate degree in land surveying from an accredited
college or university, or a baccalaureate degree in a related
science including at least 24 semester hours of land
surveying courses from a Board approved curriculum of an
accredited institution, to be eligible for licensing as a
Land Surveyor-in-Training.
(Source: P.A. 86-987.)
(225 ILCS 330/14) (from Ch. 111, par. 3264)
Sec. 14. License to be displayed. Every holder of a
license as a Professional Land Surveyor or Land
Surveyor-in-Training shall display it in a conspicuous
location place in his or her principal office, place of
business, or place of employment, or any other offices or
places of business or employment where the Professional Land
Surveyor or Land Surveyor-in-Training regularly practices.
(Source: P.A. 86-987.)
(225 ILCS 330/15) (from Ch. 111, par. 3265)
Sec. 15. Seal. Every Professional Land Surveyor shall
have a reproducible seal or facsimile, which may be computer
generated, the impression of which shall contain the name of
the land surveyor, his or her place of business, the license
number, of the Professional Land Surveyor, and the words
"Professional Land Surveyor, State of Illinois". A
Professional Land Surveyor shall seal or stamp all documents
prepared by or under the direct supervision and control of
the Professional Land Surveyor. Any seal authorized or
approved by the Department under the Illinois Land Surveyors
Act shall serve the same purpose as the seal provided for by
this Act. Signatures generated by computer shall not be
permitted. The licensee's written signature and date of
signing along with the date of license expiration shall be
placed adjacent to the seal.
(Source: P.A. 90-655, eff. 7-30-98.)
(225 ILCS 330/18) (from Ch. 111, par. 3268)
Sec. 18. Renewal, reinstatement or restoration of
license; Persons in military service. The expiration date
and renewal period for each license as a Professional Land
Surveyor issued under this Act shall be set by rule. The
holder of a license may renew such license during the month
preceding the expiration date by paying the required fee.
Each application for renewal shall be impressed with the
Professional Land Surveyor's seal or stamp.
Any Professional Land Surveyor whose license has been
inactive expired for less than 5 years is required to pay the
current renewal fee and shall have his or her license
restored.
If the Professional Land Surveyor has not maintained an
active practice in another jurisdiction satisfactory to the
Department, the Department shall determine, by an evaluation
program established by rule, the person's fitness to resume
active status and may require that person to successfully
complete an examination.
A Professional Land Surveyor whose license has been
expired for more than 5 years may have the license restored
by making application to the Department and filing proof
acceptable to the Board of fitness to have the license
restored, including, but not limited to, sworn evidence
certifying to active practice in another jurisdiction and
payment of the required renewal, reinstatement or restoration
fee.
However, any Professional Land Surveyor whose license
expired while engaged (a) in federal service on active duty
with the armed forces of the United States, or the State
Militia called into active service or training, or (b) in
training or education under the supervision of the United
States preliminary to induction into the military service,
may have a license renewed without paying any lapsed
reinstatement or restoration fees upon passing an oral
examination by the Board, or without taking any examination,
if approved by the Board, if, within 2 years after the
termination other than by dishonorable discharge of such
service, training, or education, the licensee furnishes the
Department with an affidavit to the effect the licensee was
so engaged and that the service, training, or education has
so terminated.
A license for a Land Surveyor-in-Training is valid for 10
years and may not be renewed.
(Source: P.A. 86-987.)
(225 ILCS 330/18.5 new)
Sec. 18.5. Continuing education. The Department may
promulgate rules of continuing education for persons licensed
under this Act. The Department shall consider the
recommendations of the Board in establishing the guidelines
for the continuing education requirements. The requirements
of this Section apply to any person seeking renewal or
restoration under Section 18 or 19 of this Act.
(225 ILCS 330/20) (from Ch. 111, par. 3270)
Sec. 20. Endorsement. Upon payment of the required fee,
an applicant who is a Professional Land Surveyor, a Land
Surveyor-in-Training, or registered, or licensed, or
otherwise legally recognized as a Land Surveyor under the
laws of another state or territory of the United States may
be granted a license as an Illinois Professional Land
Surveyor by the Department with approval of the Board upon
the following conditions:
(a) That the applicant meets the requirements for
licensing in this State, and that the requirements for
licensing or other legal recognition of Land Surveyors in the
particular state or territory were, at the date of issuance
of the license or certificate, equivalent to the requirements
then in effect in the State of Illinois; however, the
applicant shall be exempt from the requirements of item (5)
of subsection (a) of Section 12 of this Act if he or she (1)
applied for a license under this Section between September 1,
1996 and October 31, 1996 and (2) has 10 or more years of
supervised experience as a land surveyor; and
(b) That the applicant passes a jurisdictional
examination to determine the applicant's knowledge of the
surveying tasks unique to the State of Illinois and the laws
pertaining thereto.
(Source: P.A. 90-602, eff. 6-26-98.)
(225 ILCS 330/21) (from Ch. 111, par. 3271)
Sec. 21. Fees. The following fees are not refundable:
(a) The Department shall provide by rule for a schedule
of fees to be paid for licenses by all applicants. All fees
are not refundable The fee for application for a license as a
Land Surveyor-in-Training is $70.
(b) The fees for the administration and enforcement of
the Act, including but not limited to original licensure,
renewal, and restoration, shall be set by rule by the
Department The fee for application for a license as a
Professional Land Surveyor is $150.
(c) All fees and fines collected shall be deposited in
the Design Professionals Administration and Investigation
Fund. Of the moneys deposited into the Design Professionals
Administration and Investigation Fund, the Department may use
such funds as necessary to produce and distribute newsletters
to persons licensed under this Act The fee for a license for
a Professional Land Surveyor registered or licensed under the
laws of another state or territory of the United States or of
a foreign country or province is $150.
(d) The fee for the renewal of a license shall be $60.
(e) The fee for the restoration of a license other than
from inactive status is $10 plus payment of all lapsed
renewal fees, the total fee not to exceed $110.
(f) The fee for a certificate of registration as a
Professional Land Surveyor Firm is $75.
(g) The fee for the renewal of a certificate of
registration as a professional land surveying firm shall be
$60.
(h) The fee for the issuance of a replacement license,
for a license which has been lost or destroyed, or for the
issuance of a license with a change of name or address other
than during the renewal period is $20. No fee is required
for name and address changes on Department records when no
duplicate license is issued.
(i) The fee for a certification of a licensee's record
for any purpose is $20.
(j) The fee for an examination to determine preliminary
education is $20.
(k) The fee for rescoring an examination is the cost to
the Department of rescoring the examination, plus any fees
charged by the applicable testing service to have the
examination rescored.
(l) The fee for a wall certificate showing licensure is
the actual cost of producing such certificate.
(m) The fee for a roster of persons licensed as Land
Surveyor-in-Training or Professional Land Surveyor in this
State is the actual cost of producing such a roster.
(Source: P.A. 88-91; 88-428; 88-670, eff. 12-2-94.)
(225 ILCS 330/25) (from Ch. 111, par. 3275)
Sec. 25. Professional design land surveying firm
registration.
(a) Nothing in this Act shall prohibit the formation,
under the provisions of the Professional Service Corporation
Act, of a corporation to offer the practice of professional
land surveying.
Any business, including a Professional Service
Corporation, that includes within its stated purposes or
practices, or holds itself out as available to practice,
professional land surveying shall be registered with the
Department pursuant to the provisions set forth in this
Section.
Any sole proprietorship not owned and operated by an
Illinois licensed design professional licensed under this Act
shall be prohibited from offering professional land surveyor
services to the public. Any sole proprietorship owned and
operated by a professional land surveyor with an active
license issued under this Act and conducting or transacting
such business under an assumed name in accordance with the
provisions of the Assumed Business Name Act shall comply with
the registration requirements of a professional design firm.
Any sole proprietorship owned and operated by a Professional
Land Surveyor with an active license issued under this Act
and conducting or transacting such business under the real
name of the sole proprietor is exempt from the registration
requirements of a professional design firm. "Illinois
licensed design professional" means a person who holds an
active license as a professional engineer under the
Professional Engineering Practice Act of 1989, as an
architect under the Illinois Architecture Practice Act of
1989, as a structural engineer under the Structural
Engineering Practice Act of 1989, or as a Professional Land
Surveyor under this Act.
(b) Any professional design firm seeking to be
registered pursuant to the provisions of this Section shall
not be registered unless one or more managing agents in
charge of land surveyor activities in this State are
designated by the professional design firm. Each managing
agent must at all times maintain a valid, active license to
practice professional land surveying in Illinois.
No individual whose license to practice professional land
surveying in this State is currently in a suspended or
revoked state shall act as a managing agent for a
professional design firm.
(c) Any business seeking to be registered under this
Section shall make application on a form provided by the
Department and shall provide such information as requested by
the Department, which shall include, but not be limited to:
(1) the name and license number of the person
designated as the managing agent in responsible charge of
the practice of professional land surveying in Illinois.
In the case of a corporation, the corporation shall also
submit a certified copy of the resolution by the board of
directors designating the managing agent. In the case of
a limited liability company, the company shall submit a
certified copy of either its articles of organization or
operating agreement designating the managing agent;
(2) the names and license numbers of the directors,
in the case of a corporation, the members, in the case of
a limited liability company, or general partners, in the
case of a partnership;
(3) a list of all office locations at which the
professional design firm provides professional land
surveying services to the public; and
(4) a list of all assumed names of the business.
Nothing in this Section shall be construed to exempt a
professional design firm, sole proprietorship, or
professional service corporation from compliance with the
requirements of the Assumed Business Name Act.
It is the responsibility of the professional design firm
to provide the Department notice, in writing, of any changes
in the information requested on the application.
(d) The Department shall issue to each business a
certificate of registration to practice professional land
surveying or offer the services of its licensees in this
State upon submittal of a proper application for registration
and payment of fees. The expiration date and renewal period
for each registration and renewal procedures shall be
established by rule.
(e) In the event a managing agent is terminated or
terminates his or her status as managing agent of the
professional design firm, the managing agent and a
professional design firm shall notify the Department of this
fact in writing, by certified mail, within 10 business days
of such termination. Thereafter, the professional design
firm, if it has so informed the Department, shall have 30
days in which to notify the Department of the name and
licensure number of a newly designated managing agent. If a
corporation, the corporation shall also submit a certified
copy of a resolution by the board of directors designating
the new managing agent. If a limited liability company, the
company shall also submit a certified copy of either its
articles of organization or operating agreement designating
the new managing agent. The Department may, upon good cause
shown, extend the original 30 day period.
If the professional design firm has not notified the
Department in writing, by certified mail within the specified
time, the registration shall be terminated without prior
hearing. Notification of termination shall be sent by
certified mail to the last known address of the business. If
the professional design firm continues to operate and offer
professional land surveyor services after the termination,
the Department may seek prosecution under Sections 27, 43,
and 46 of this Act for the unlicensed practice of
professional land surveying.
No professional design firm shall be relieved of
responsibility for the conduct or acts of its agent,
employees, members, managers, or officers by reason of its
compliance with this Section, nor shall any individual
practicing professional land surveying be relieved of the
responsibility for professional services performed by reason
of the individual's employment or relationship with a
professional design firm registered under this Section.
(g) Disciplinary action against a professional design
firm registered under this Section shall be administered in
the same manner and on the same grounds as disciplinary
action against a licensed professional land surveyor. All
disciplinary action taken or pending against a corporation or
partnership before the effective date of this amendatory Act
of 1999 shall be continued or remain in effect without the
Department filing separate actions. Upon payment of the
required fee the Department shall issue, upon the approval of
the Board, without examination, a certificate of registration
as a professional land surveying firm to offer the services
of its licensed Illinois professional land surveyors to any
corporation, partnership, or limited liability company which
applies for one in writing if:
(1) In a case of a corporation a majority of its
officers and board of directors are licensed as
professional land surveyors in Illinois.
(2) In the case of a limited liability company, a
majority of its members are licensed professional land
surveyors in Illinois.
(3) In the case of a partnership, all members of
the partnership are licensed professional land surveyors
in Illinois.
(b) All surveying by the professional land surveying
firm must be done under the direct supervision and control of
an officer of a managing agent who holds a license as a
professional land surveyor. The managing agent must be
designated on the professional land surveying firm
application. The managing agent must be:
(1) an officer of the corporation;
(2) a member of the limited liability company; or
(3) a member of the partnership.
When a managing agent is terminated or terminates his or
her status, the managing agent shall notify the Department in
writing by certified mail within 10 business days of the
termination. Thereafter, the professional land surveying firm
shall, within 30 days, notify the Department of the name and
professional land surveyor's license number of the newly
designated managing agent. The Department may, upon good
cause, extend the 30 day period. If the professional land
surveying firm fails to notify the Department in writing by
certified mail within the specified time, the registration
shall be terminated without prior hearing. Notification of
termination shall be sent by certified mail to the last known
address of the business. If the professional land surveying
firm continues to operate and offer land surveying services
after the termination, the Department may seek prosecution
under Sections 27, 43, and 43a of this Act for the unlicensed
practice of land surveying.
(h) (c) Any professional services corporation, sole
proprietorship, or professional design land surveying firm
offering land surveying services must have a resident land
surveyor overseeing the land surveying practices in each
location in which land surveying services are provided.
(d) Any sole proprietorship not owned and operated by an
Illinois professional land surveyor shall be prohibited from
offering land surveying services to the public. Any sole
proprietorship owned and operated by a land surveyor with an
active license issued under this Act and conducting or
transacting such business under an assumed name in accordance
with the provisions of the Assumed Business Name Act shall
comply with the registration requirements of a professional
land surveying firm. Any sole proprietorship owned and
operated by a professional land surveyor with an active
license issued under this Act and conducting or transacting
such business under the real name of the sole proprietor is
exempt from the registration requirements of a professional
land surveying firm.
(e) Disciplinary action against a professional land
surveying firm registered under this Section shall be
administered in the same manner and on the same grounds as
disciplinary action against a licensed land surveyor. All
disciplinary action taken or pending against a corporation or
partnership before the effective date of this amendatory Act
of 1993 shall be continued or remain in effect without the
Department filing separate actions.
(f) A professional land surveying firm shall provide
notice in writing to the Department of any change in the
information requested upon an application.
(g) Nothing in this Section shall be construed to exempt
a business from compliance with the requirements of the
Assumed Business Name Act.
(h) Nothing in this Act shall restrict licensees from
forming professional service corporations under the
provisions of the Professional Service Corporation Act, as
now or hereafter amended, and having these corporations
licensed for the practice of land surveying.
(Source: P.A. 88-428; 89-594, eff. 8-1-96.)
(225 ILCS 330/27) (from Ch. 111, par. 3277)
Sec. 27. Grounds for disciplinary action.
(a) The Department may, singularly or in combination,
refuse to issue, restore, or renew, or may revoke or suspend
a license or registration, or may place on probation,
censure, reprimand or impose a civil penalty not to exceed
$10,000, upon any person, corporation, partnership, or
professional land surveying firm licensed or registered under
this Act for any one or combination of the following:
(1) material misstatement in furnishing information
to the Department;
(2) violation, including, but not limited to,
neglect or intentional disregard, of this Act, or its
rules;
(3) conviction of any crime under the laws of the
United States, or any state or territory thereof, which
is a felony, whether related to practice or not, or
conviction of any crime, whether a felony, misdemeanor,
or otherwise, an essential element of which is dishonesty
or which is directly related to the practice of land
surveying;
(4) making any misrepresentation for the purpose of
obtaining a license, or in applying for restoration or
renewal, or the practice of any fraud or deceit in taking
any examination to qualify for licensure under this Act;
(5) purposefully making false statements or signing
false statements, certificates, or affidavits to induce
payment;
(6) proof of carelessness, incompetence,
negligence, or misconduct in practicing land surveying;
(7) aiding or assisting another person in violating
any provision of this Act or its rules;
(8) failing to provide information in response to a
written request made by the Department within 30 days
after receipt of such written request;
(9) engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(10) habitual intoxication or addiction to the use
of drugs;
(11) discipline by the United States government,
another state, District of Columbia, territory, foreign
nation or government agency if at least one of the
grounds for the discipline is the same or substantially
equivalent to those set forth in this Act;
(12) directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or
association any fee, commission, rebate, or other form of
compensation for any professional services not actually
or personally rendered;
(12.5) issuing a map or plat of survey where the
fee for professional services is contingent on a real
estate transaction closing;
(13) a finding by the Board that an applicant or
licensee has failed to pay a fine imposed by the
Department or a licensee whose license has been placed on
probationary status has violated the terms of probation;
(14) practicing on an expired, inactive, suspended,
or revoked license;
(15) signing, affixing the Professional Land
Surveyor's seal or permitting the Professional Land
Surveyor's seal to be affixed to any map or plat of
survey not prepared by the Professional Land Surveyor or
under the Professional Land Surveyor's direct supervision
and control;
(16) physical illness, including but not limited to
deterioration through the aging process or loss of motor
skill, which results in the inability to practice the
profession with reasonable judgment, skill, or safety;
(17) issuing a check or other guarantee to the
order of the Department which is not honored on 2
occasions by the financial institution upon which it is
drawn because of insufficient funds;
(18) failure to adequately supervise or control
land surveying operations being performed by
subordinates.
(a-5) In enforcing this Section, the Board upon a
showing of a possible violation may compel a person licensed
to practice under this Act, or who has applied for licensure
or certification pursuant to this Act, to submit to a mental
or physical examination, or both, as required by and at the
expense of the Department. The examining physicians shall be
those specifically designated by the Board. The Board or the
Department may order the examining physician to present
testimony concerning this mental or physical examination of
the licensee or applicant. No information shall be excluded
by reason of any common law or statutory privilege relating
to communications between the licensee or applicant and the
examination physician. The person to be examined may have,
at his or her own expense, another physician of his or her
choice present during all aspects of the examination.
Failure of any person to submit to a mental or physical
examination, when directed, shall be grounds for suspension
of a licensee until the person submits to the examination if
the Board finds, after notice and hearing, that the refusal
to submit to the examination was without reasonable cause.
If the Board finds a person unable to practice because of
the reasons set forth in this Section, the Board may require
that person to submit to care, counseling, or treatment by
physicians approved or designated by the Board as a
condition, term, or restriction for continued, reinstated, or
renewed licensure to practice; or, in lieu of care,
counseling, or treatment, the Board may recommend to the
Department to file a complaint to immediately suspend,
revoke, or otherwise discipline the license of the person.
Any person whose license was granted, continued, reinstated,
renewed, disciplined, or supervised subject to such terms,
conditions, or restrictions and who fails to comply with such
terms, conditions, or restrictions shall be referred to the
Director for a determination as to whether the person shall
have his or her license suspended immediately, pending a
hearing by the Board.
(b) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code, as now or hereafter amended, operates as an automatic
license suspension. Such suspension will end only upon a
finding by a court that the patient is no longer subject to
involuntary admission or judicial admission and the issuance
of an order so finding and discharging the patient and upon
the recommendation of the Board to the Director that the
licensee be allowed to resume his or her practice.
(Source: P.A. 88-428; 88-595, eff. 8-26-94.)
Section 99. Effective date. This Act takes effect on
January 1, 2000, except that Section 5 takes effect upon
becoming law.
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