State of Illinois
91st General Assembly
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Public Act 91-0133

SB123 Enrolled                                 LRB9102228ACtm

    AN ACT concerning  the  regulation  of  the  practice  of
architecture.

    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  The following Acts are repealed December 31,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   Act  repealed  on  January  1,  2010.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following Act is repealed on January 1, 2010: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 Architecture Practice Act of 1989.

    Section  10.   The  Illinois Architecture Practice Act of
1989 is amended by changing Sections  3, 8, 9,  10,  11,  12,
13,  14,  19,  21,  22,  and  38  and  adding Section 16.5 as
follows:
    (225 ILCS 305/3) (from Ch. 111, par. 1303)
    Sec. 3.  Application of Act.  Nothing in this  Act  shall
be  deemed or construed to prevent the practice of structural
engineering  as  defined  in   the   Structural   Engineering
Licensing   Act   of   1989,  the  practice  of  professional
engineering  as  defined  in  the  Professional   Engineering
Practice Act of 1989, or the preparation of documents used to
prescribe    work   to   be   done   inside   buildings   for
non-loadbearing interior construction, furnishings,  fixtures
and   equipment,   or   the   offering   or   preparation  of
environmental analysis, feasibility studies,  programming  or
construction  management services by persons other than those
licensed  in  accordance  with  this  Act,   the   Structural
Engineering   Licensing  Act  of  1989  or  the  Professional
Engineering Practice Act of 1989.
    Nothing  contained  in  this  Act   shall   prevent   the
draftsmen,   students,   project  representatives  and  other
employees of those lawfully practicing as licensed architects
under the provisions of  this  Act,  from  acting  under  the
direct  supervision  and  control  of  their employers, or to
prevent  the  employment  of  project   representatives   for
enlargement  or alteration of buildings or any parts thereof,
or prevent such project representatives from acting under the
direct supervision and control of the licensed  architect  by
whom   the  construction  documents  including  drawings  and
specifications  of  any   such   building,   enlargement   or
alteration were prepared.
    Nothing  in  this  Act  or  any other Act shall prevent a
registered  architect   from   practicing   interior   design
services.    Nothing  in  this  Act  shall  be  construed  as
requiring the  services  of  an  interior  designer  for  the
interior designing of a single family residence.
    This Act does not apply to any of the following:
         (A)  The  building,  remodeling  or repairing of any
    building or other  structure  outside  of  the  corporate
    limits  of  any  city  or village, where such building or
    structure is to be, or is used for  residential  or  farm
    purposes,   or   for  the  purposes  of  outbuildings  or
    auxiliary buildings in connection with  such  residential
    or farm premises.
         (B)  The  construction, remodeling or repairing of a
    detached single family residence on a single lot.
         (C)  The construction, remodeling or repairing of  a
    two-family  residence  of  wood  frame  construction on a
    single lot, not more than two  stories  and  basement  in
    height.
         (D)  Interior design services for buildings which do
    not involve life safety or structural changes.
    However,  all  buildings  not  included  in the preceding
paragraphs (A) through (D), including multi-family  buildings
and  buildings  previously  exempt under those paragraphs but
subsequently non-exempt due to a change in occupancy or  use,
are  subject  to  the  requirements  of  this  Act.  Interior
alterations which result in life safety or structural changes
of the building are subject to the requirements of this Act.
(Source: P.A. 87-435; 88-650, eff. 9-16-94.)

    (225 ILCS 305/8) (from Ch. 111, par. 1308)
    Sec. 8.  Powers and duties of the Department.  Subject to
the provisions of this Act, the Department shall exercise the
following functions, powers and duties:
    (a)  Conduct examinations to ascertain the qualifications
and  fitness  of  applicants  for   licensure   as   licensed
architects,  and  pass upon the qualifications and fitness of
applicants for licensure by endorsement;
    (b)  Prescribe rules  for  a  method  of  examination  of
candidates;
    (c)  Prescribe  rules defining what constitutes a school,
college or university, or  department  of  a  university,  or
other   institution,  reputable  and  in  good  standing,  to
determine whether or not a school, college or university,  or
department of a university, or other institution is reputable
and  in  good standing by reference to a compliance with such
rules, and to terminate the approval of such school,  college
or   university  or  department  of  a  university  or  other
institution that refuses admittance to applicants  solely  on
the basis of race, color, creed, sex or national origin.  The
Department  may adopt, as its own rules relating to education
requirements, those guidelines published from time to time by
the National Architectural Accrediting Board;
    (d)  Prescribe   rules   for   diversified   professional
training;
    (e)  Conduct oral  interviews,  disciplinary  conferences
and  formal  evidentiary  hearings  on  proceedings to impose
fines or to suspend, revoke, place  on  probationary  status,
reprimand,  and refuse to issue or restore any license issued
under the provisions of this Act for the reasons set forth in
Section 22 of this Act;
    (f)  Issue licenses to those who meet the requirements of
this Act; and
    (g)  Formulate and publish rules necessary or appropriate
to carrying out the provisions of this Act.
    (h)  To maintain membership in the  National  Council  of
Architectural   Registration   Boards   and   participate  in
activities of the Council by designation of  individuals  for
the various classifications of membership and the appointment
of delegates for attendance at regional and national meetings
of  the  Council.   All  costs associated with membership and
attendance of such delegates to any national meetings may  be
funded  from  the  Design  Professionals  Administration  and
Investigation Fund.
    Prior  to  issuance  of  any final decision or order that
deviates from any  report  or  recommendation  of  the  Board
relating  to  the  qualification of applicants, discipline of
licensees or  registrants,  or  promulgation  of  rules,  the
Director   shall   notify   the  Board  in  writing  with  an
explanation of any such deviation and  provide  a  reasonable
time for the Board to submit writing comments to the Director
regarding  the  proposed action.  In the event that the Board
fails or declines to submit such written comments  within  30
days  of  said  notification,  the Director may issue a final
decision or orders consistent with  the  Director's  original
decision.   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.
(Source: P.A. 86-702.)

    (225 ILCS 305/9) (from Ch. 111, par. 1309)
    Sec.  9.   Creation  of  the  Board.   The Director shall
appoint an Architecture Architect Licensing Board which  will
consist  of  6  members.    Five  members  shall  be licensed
architects, one of whom shall be  a  tenured  member  of  the
architectural  faculty  of  the  University of Illinois.  The
other 4 shall be licensed architects, residing in this State,
who have been engaged in  the  practice  of  architecture  at
least  10  years.   In addition to the 5 licensed architects,
there shall be one public member.  The public member shall be
a voting member and shall not hold a license as an architect,
professional engineer, structural engineer or land surveyor.
    Board members shall serve 5 year terms  and  until  their
successors  are  appointed  and  qualified.  For  the initial
appointments made under this Act, however, 2 members shall be
appointed to serve for a period of one year, 2 members  shall
be appointed to serve for a period of 3 years, and one member
shall be appointed for a period of 5 years. The public member
shall  be  appointed to an initial term of 5 years. In making
the designation of persons to the Board, the  Director  shall
give  due  consideration  to  recommendations  by members and
organizations of the profession.
    The membership of the  Board  should  reasonably  reflect
representation from the geographic areas in this State.
    No  member  shall  be reappointed to the Board for a term
which would cause his or her continuous service on the  Board
to  be longer than 10 successive years.  Service prior to the
effective date of this Act shall not be considered.
    Appointments to fill vacancies shall be made in the  same
manner as original appointments, for the unexpired portion of
the  vacated  term.    Initial  terms  shall  begin  upon the
effective date of this Act and Board  members  in  office  on
that  date  under  the  predecessor  Act  may be appointed to
specific terms as indicated in this Section.
    Persons holding office as members of the Board under  the
Illinois  Architecture Act immediately prior to the effective
date of this Act shall continue as members of the Board under
this Act until the expiration of the term for which they were
appointed  and  until  their  successors  are  appointed  and
qualified.
    A quorum of the Board shall  consist  of  a  majority  of
Board  members  currently  appointed.  A majority vote of the
quorum is required for Board decisions.  Four  members  shall
constitute  a  quorum  of  Board members.  The Chairman shall
only vote on all matters to come before the Board in the case
of a tie vote.
    The Director may remove  any  member  of  the  Board  for
misconduct,  incompetence,  neglect  of  duty, or for reasons
prescribed by law for removal of State officials.
    The Director may remove a member of the  Board  who  does
not attend 2 consecutive meetings.
    The  Director may terminate the appointment of any member
for cause which in the opinion  of  the  Director  reasonably
justifies such termination.
    Notice of proposed rulemaking shall be transmitted to the
Board  and  the  Department  shall review the response of the
Board and any recommendations made therein.   The  Department
may, at any time, seek the expert advice and knowledge of the
Board  on  any  matter  relating  to  the  administration  or
enforcement of this Act.
    Members  of  the Board are immune from suit in any action
based upon any disciplinary proceedings or  other  activities
performed in good faith as members of the Board.
(Source: P.A. 86-702; 87-593.)

    (225 ILCS 305/10) (from Ch. 111, par. 1310)
    Sec. 10.  Powers and duties of the Board.
    (a) The Board shall hold at least 3 regular meetings each
year.;
    (b)  The  Board  shall annually elect a Chairperson and a
Vice Chairperson Chairman who shall be a licensed architects.
architect;
    (c)  The Board, upon request by the Department, may  make
a  curriculum  evaluation  to determine if courses conform to
the requirements of approved architectural programs.;
    (d)  The Board shall assist the Department in  conducting
oral   interviews,   disciplinary   conferences   and  formal
evidentiary hearings.;
    (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)  The Board shall review applicant  qualifications  to
sit  for  the  examination  or  for  licensure and shall make
recommendations to  the  Department.   The  Department  shall
review    the    Board's    recommendations    on   applicant
qualifications.  The  Director  shall  notify  the  Board  in
writing with an explanation of any deviation from the Board's
recommendation  on applicant qualifications.  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.
    (h)  The Board  shall  submit  written  comments  to  the
Director  within  30  days  from  notification  of  any final
decision or order from the Director that  deviates  from  any
report  or  recommendation  of  the  Board  relating  to  the
qualifications  of  applicants,  discipline  of  licensees or
registrants, or promulgation of rules.
(Source: P.A. 88-428.)

    (225 ILCS 305/11) (from Ch. 111, par. 1311)
    Sec. 11.  Application for original license.  Applications
for original licensure shall be made  to  the  Department  in
writing  on  forms  prescribed by the Department and shall be
accompanied by the required fee,  which  is  not  refundable.
Any  such  application  shall  require  information as in the
judgment of the Department will enable the Department to pass
on  the  qualifications  of   the   applicant   to   practice
architecture. 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  has  graduated  from an architectural
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 305/12) (from Ch. 111, par. 1312)
    Sec. 12.  Examinations; subjects; failure or  refusal  to
take examination.  The Department shall authorize examination
of  applicants  as  architects at such times and places as it
may determine.  The examination shall be in English and shall
be written or written and graphic.  It  shall  include  at  a
minimum the following subjects:
         "(a)  pre-design       (environmental      analysis,
    architectural programming, and application of  principles
    of  project  management  and coordination), environmental
    analysis and programming;
         (b)  site  planning  (site  analysis,   design   and
    development,   parking,   and   application   of   zoning
    requirements) design;
         (c)  building   planning   (conceptual  planning  of
    functional  and  space  relationships,  building  design,
    interior  space  layout,  barrier-free  design,  and  the
    application of the  life  safety  code  requirements  and
    principles of energy efficient design) design;
         (d)  building  technology (application of structural
    systems,  building   components,   and   mechanical   and
    electrical  systems) structural technology (general, long
    span, and lateral);
         (e)  general structures (identification, resolution,
    and incorporation of structural systems and the long span
    design  on  the  technical  aspects  of  the  design   of
    buildings  and  the process and construction) life safety
    codes and technology, and energy efficient design;
         (f)  lateral forces (identification  and  resolution
    of the effects of lateral forces on the technical aspects
    of   the   design   of   buildings  and  the  process  of
    construction) barrier free design;
         (g)  mechanical, plumbing,  and  electrical  systems
    (as   applied  to  the  design  of  buildings,  including
    plumbing   and   acoustical   systems)   (principles   of
    sanitation and ventilation as applied to buildings);
         (h)  materials and methods (as related to the design
    of buildings and the technical aspects of  construction);
    and
         (i)  construction documents and services (conduct of
    architectural  practice  as  it  relates  to construction
    documents, bidding, and construction  administration  and
    contractual documents from beginning to end of a building
    project).,   technical   submissions,   and  professional
    practice,  including  the  contractual   duties   of   an
    architect; and
         It  shall  be the responsibility of the applicant to
    be familiar with this Act and its rules.
    Examination subject matter headings and  bases  on  which
examinations   are   graded   shall  be  indicated  in  rules
pertaining  to  this  Act.   The  Department  may  adopt  the
examinations and grading procedures of the  National  Council
of   Architectural   Registration  Boards.   Content  of  any
particular examination shall not be considered public  record
under the Freedom of Information Act.
    If  an  applicant  neglects without an approved excuse or
refuses to take the next available  examination  offered  for
licensure under this Act, the fee paid by the applicant shall
be  forfeited.   If an applicant fails to pass an examination
for licensure under this Act within 3 6 years after filing an
application, the application shall be denied.  The  applicant
may,   however,   make  a  new  application  for  examination
accompanied by the required fee and  must  furnish  proof  of
meeting  the  qualifications for examination in effect at the
time of the new application.
    The Department may by rule prescribe additional  subjects
for examination.
    An  applicant  has one year from the date of notification
of successful completion of all the examination  requirements
to  apply  to  the Department for a license.  If an applicant
fails to apply  within  one  year,  the  applicant  shall  be
required to again take and pass the examination.
(Source: P.A. 86-702; 87-593.)

    (225 ILCS 305/13) (from Ch. 111, par. 1313)
    Sec.  13.   Qualifications of applicants.  Any person who
is of good  moral  character  may  take  an  examination  for
licensure   if   he  or  she  is  a  graduate  with  a  first
professional degree in architecture from a program accredited
by the  National  Architectural  Accrediting  Board  and  has
completed  such  diversified professional training, including
academic training, as is required by rules of the Department.
In lieu  of  the  requirement  of  graduation  with  a  first
professional degree in architecture from a program accredited
by   the   National   Architectural  Accrediting  Board,  the
Department may admit an applicant who is a  graduate  with  a
pre-professional  4  year  baccalaureate  degree accepted for
direct entry into a first professional master of architecture
degree  program,  and  who  has  completed  such   additional
diversified   professional   training,   including   academic
training,  as  is  required  by rules of the Department.  The
Department  may  adopt,  as  its  own   rules   relating   to
diversified professional training, those guidelines published
from  time  to  time by the National Council of Architectural
Registration Boards.
    Good moral character means such character as will  enable
a person to discharge the fiduciary duties of an architect to
that  person's  client  and  to  the public in a manner which
protects health, safety and welfare.  Evidence  of  inability
to  discharge  such  duties  may include the commission of an
offense justifying discipline under Section 19.  In addition,
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 of the applicant, but such a conviction shall  not
operate  as  an absolute bar to qualification for examination
for licensure.
(Source: P.A. 89-387, eff. 8-20-95.)

    (225 ILCS 305/14) (from Ch. 111, par. 1314)
    Sec. 14.  Display of license; Seal.  Every  holder  of  a
license  as  a  licensed  architect  shall  display  it  in a
conspicuous place in the principal office of the architect.
    Every licensed architect shall have a reproducible  seal,
or  facsimile,  the  print of which shall contain the name of
the architect, the license number, and  the  words  "Licensed
Architect,  State of Illinois".  The licensed architect shall
affix the signature, current date, date of license expiration
and seal to the first sheet of any bound set or loose  sheets
of  construction  documents utilized as contract documents or
prepared for the review and approval of any  governmental  or
public   authority   having  jurisdiction  by  that  licensed
architect  or  under   that   licensed   architect's   direct
supervision and control.  The sheet of construction documents
in  which  the seal is affixed shall indicate those documents
or parts thereof for which the seal shall apply. The seal and
dates may be electronically affixed.  The signature  must  be
in  the  original  handwriting  of  the licensee.  Signatures
generated  by  computer  shall   not   be   permitted.    All
construction    documents    issued   by   any   corporation,
partnership,    professional    service    corporation,    or
professional design firm as registered under this  Act  shall
contain  the  corporate  or  assumed business name and design
firm registration number,  in  addition  to  any  other  seal
requirements as set forth in this Section.
    "Direct supervision and control" means that the architect
has  exerted  sufficient  personal  supervision, control, and
review  of  the  activities  of  those  employed  to  perform
architectural work to ensure that the construction  documents
produced  by  those  so  employed and sealed by the architect
meet the  standards  of  reasonable  professional  skill  and
diligence  and are of no lesser quality than if they had been
produced personally  by  the  architect.   The  architect  is
obligated  to  have  detailed  professional  knowledge of the
construction  documents  the  architect  seals  and  to  have
exercised professional judgement in all architectural matters
embodied in those construction documents.   Merely  reviewing
the  construction  documents produced by others, even if they
are licensed, does not  constitute  "direct  supervision  and
control"  by  the architect unless the architect has actually
exercised the supervision and control over the preparation of
the construction documents provided for in this Section.
(Source: P.A. 86-702; 86-1028.)

    (225 ILCS 305/16.5 new)
    Sec. 16.5.  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 16 or 17 of this Act.

    (225 ILCS 305/19) (from Ch. 111, par. 1319)
    Sec. 19.  Fees.
    (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.
    (b)  The  fees  for the administration and enforcement of
this Act, including but not limited  to  original  licensure,
renewal,  and  restoration,  shall  be  set  by  rule  by the
Department.  The following fees are not refundable.
    (a)  Licensure fees.
         (1)  The fee for application for a license is $100.
         (2)  In addition, applicants for any examination are
    required to pay, either  to  the  Department  or  to  the
    designated  testing  service,  a fee covering the cost of
    determining the applicant's eligibility and providing the
    examination.  Failure to appear for  the  examination  on
    the  scheduled  date,  at  the  time and place specified,
    after the applicant's  application  for  examination  has
    been  received  and acknowledged by the Department or the
    designated  testing  service,   shall   result   in   the
    forfeiture of the examination fee.
         (3)  The   fee   for  a  license  for  an  architect
    registered or licensed under the laws of another state or
    territory of the United States or province is $100.
         (4)  The fee for the renewal of a license  shall  be
    $60.
         (5)  The  fee for the restoration of a license other
    than from inactive status is  $10  plus  payment  of  all
    lapsed renewal fees.
         (6)  The  fee  for  application  for a license as an
    architecture corporation or partnership is $75.
         (7)  The fee for renewal of a license or certificate
    of registration as a professional design firm is $75.
    (b)  General fees.
         (1)  The  fee  for  the  issuance  of  a   duplicate
    license,  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.
         (2)  The fee for a  certification  of  a  licensee's
    record for any purpose is $20.
         (3)  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.
         (4)  The   fee   for   a  wall  certificate  showing
    licensure  is  the  actual   cost   of   producing   such
    certificate.
         (5)  The  fee for a roster of licensed architects in
    this State is the actual cost of producing such a roster.
    All of the fees and  fines  collected  pursuant  to  this
Section  shall  be  deposited  in  the  Design  Professionals
Professional  Administration  and  Investigation Fund. Of the
moneys deposited into the Design Professionals Administration
and Investigation Fund, the Department may use such funds  as
necessary and available to produce and distribute newsletters
to persons licensed under this Act.
    Any  person  who delivers a check or other payment to the
Department that is returned to the Department unpaid  by  the
financial institution upon which it is drawn shall pay to the
Department,  in  addition  to  the amount already owed to the
Department, a fine of $50. If the check or other payment  was
for  a  renewal  or  issuance  fee  and that person practices
without paying the renewal fee or issuance fee and  the  fine
due,  an  additional fine of $100 shall be imposed. The fines
imposed  by  this  Section  are  in  addition  to  any  other
discipline provided under this Act for unlicensed practice or
practice on a nonrenewed license. The Department shall notify
the person that payment of fees and fines shall  be  paid  to
the  Department  by  certified check or money order within 30
calendar days of the notification. If, after  the  expiration
of  30 days from the date of the notification, the person has
failed to submit the  necessary  remittance,  the  Department
shall  automatically  terminate the license or certificate or
deny the application, without hearing. If, after  termination
or  denial,  the person seeks a license or certificate, he or
she shall apply to the Department for restoration or issuance
of the license or certificate and pay all fees and fines  due
to the Department. The Department may establish a fee for the
processing  of an application for restoration of a license or
certificate  to  pay  all   expenses   of   processing   this
application.  The Director may waive the fines due under this
Section in individual cases where the Director finds that the
fines would be unreasonable or unnecessarily burdensome.
(Source: P.A. 87-1031; 88-91; 88-428; 88-670, eff. 12-2-94.)

    (225 ILCS 305/21) (from Ch. 111, par. 1321)
    Sec.  21.    Professional   design   firm   registration;
conditions.
    (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 architecture.
    Any business, including a not formed under the provisions
of  the  Professional  Service  Corporation, that Act and not
registered as such with the Department,  and  which  includes
the  practice  of  architecture  within  its stated purposes,
practices architecture, or holds itself out as  available  to
practice  architecture,  shall  register  with the Department
under this Section.  Any  professional  service  corporation,
sole  proprietorship,  or  professional  design firm offering
architectural  services  must  have  a   resident   architect
overseeing  the  architectural  practices in each location in
which architectural services are provided.
    Any sole proprietorship not  owned  and  operated  by  an
Illinois licensed design professional licensed under this Act
shall  be  prohibited from offering architectural services to
the public.  "Illinois licensed design professional" means  a
person who holds an active license as an architect under this
Act,   as   a   structural   engineer  under  the  Structural
Engineering  Practice  Licensing  Act  of  1989,  or   as   a
professional  engineer  under  the  Professional  Engineering
Practice  Act  of  1989.   Any  sole proprietorship owned and
operated by an architect 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 an architect 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.
    (b)  Any  corporation,  including  a Professional Service
Corporation,  partnership,  limited  liability  company,   or
professional  design firm seeking to be registered under this
Section shall not be registered unless:
         (1)  two-thirds of the board of  directors,  in  the
    case  of  a  corporation,  or  two-thirds  of the general
    partners, in the case of a partnership, or two-thirds  of
    the  members, in the case of a limited liability company,
    are licensed under the laws  of  any  State  to  practice
    architecture,  professional  engineering, land surveying,
    or structural engineering; and
         (2)  the person having the architectural practice in
    this State in his charge is (A) a director in the case of
    a corporation,  a  general  partner  in  the  case  of  a
    partnership,  or  a  member  in  the  case  of  a limited
    liability company, and (B) holds  a  license  under  this
    Act.
    Any  corporation, limited liability company, professional
service corporation, or  partnership  qualifying  under  this
Section  and  practicing  in  this  State shall file with the
Department   any   information   concerning   its   officers,
directors, members, managers, partners or  beneficial  owners
as the Department may, by rule, require.
    (c)  No  business shall offer the practice or hold itself
out as available to offer the practice of architecture  until
it is registered with the Department.
    (d)  Any  business  seeking  to  be registered under this
Section shall make application on  a  form  provided  by  the
Department and shall provide any information requested by the
Department,  which  shall include but shall not be limited to
all of the following:
         (1)  The name and architect's license number  of  at
    least  one  person  designated  as  the managing agent in
    responsible charge of the  practice  of  architecture  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 at least one managing
    agent. If 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   architect's,   professional
    engineer's, or structural engineer's, or land  surveyor's
    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   locations   at   which   the
    professional design firm provides architectural services.
         (4)  A  list  of  all assumed names of the business.
    Nothing in this Section shall be construed  to  exempt  a
    business  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.
    (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 professional
design firm shall notify  the  Department  of  this  fact  in
writing,  by  certified  mail,  within  10  business  days of
termination.
    Thereafter, the professional design firm, if  it  has  so
informed  the  Department, has 30 days in which to notify the
Department of the name and architect's license number of  the
architect  who  is  the 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
architectural  services after the termination, the Department
may seek prosecution under Sections 22, 36, and 36a  of  this
Act for the unlicensed practice of architecture.
    (f)  No  professional  design  firm  shall be relieved of
responsibility  for  the  conduct  or  acts  of  its  agents,
employees, or officers by reason of its compliance with  this
Section,  nor shall any individual practicing architecture 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 architect.  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.
(Source: P.A. 88-428; 89-594, eff. 8-1-96.)

    (225 ILCS 305/22) (from Ch. 111, par. 1322)
    Sec. 22.  Refusal, suspension and revocation of licenses;
Causes.
    (a) The Department may,  singularly  or  in  combination,
refuse  to  issue, renew or restore, or may suspend or revoke
any license or  registration,  or  may  place  on  probation,
reprimand,  or  fine,  with  a  civil  penalty  not to exceed
$10,000 for  each  violation,  any  person,  corporation,  or
partnership,   or   professional   design  firm  licensed  or
registered under this Act for any of the following reasons:
         (1)  material misstatement in furnishing information
    to the Department;
         (2)  negligence, incompetence or misconduct  in  the
    practice of architecture;
         (3)  failure to comply with any of the provisions of
    this Act or any of the rules;
         (4)  making any misrepresentation for the purpose of
    obtaining licensure;
         (5)  purposefully making false statements or signing
    false  statements,  certificates  or affidavits to induce
    payment;
         (6)  conviction of any crime under the laws  of  the
    United  States,  or any state or territory thereof, which
    is  a  felony,  whether  related  to  the   practice   of
    architecture  or not; or conviction of any crime, whether
    a felony, misdemeanor, or otherwise, an essential element
    of which is dishonesty, wanton disregard for  the  rights
    of  others,  or which is directly related to the practice
    of architecture;
         (7)  aiding or assisting another person in violating
    any provision of this Act or its rules;
         (8)  signing, affixing the licensed architect's seal
    or permitting the architect's seal to be affixed  to  any
    construction  documents  not prepared by the architect or
    under that architect's direct supervision and control;
         (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)  making  a  statement of compliance pursuant to
    the  Environmental   Barriers   Act   that   construction
    documents  prepared by the Licensed Architect or prepared
    under the licensed  architect's  direct  supervision  and
    control  for  construction  or alteration of an occupancy
    required to  be  in  compliance  with  the  Environmental
    Barriers  Act  are  in  compliance with the Environmental
    Barriers Act when such construction documents are not  in
    compliance;
         (12)  a  finding by the Board that an applicant or a
    registrant has failed  to  pay  a  fine  imposed  by  the
    Department or a registrant, whose license has been placed
    on   probationary  status,  has  violated  the  terms  of
    probation;
         (13)  discipline  by   another   state,   territory,
    foreign  country,  the  District  of Columbia, the United
    States government, or any other governmental  agency,  if
    at least one of the grounds for discipline is the same or
    substantially equivalent to those set forth herein;
         (14)  failure  to provide information in response to
    a written request made by the Department within  30  days
    after the receipt of such written request;
         (15)  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.
    (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
examining  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 license 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, operates as an automatic 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,  the  issuance  of  an  order   so   finding   and
discharging  the patient, and the recommendation of the Board
to the Director  that  the  licensee  be  allowed  to  resume
practice.
    The  Department  may  refuse  to issue or may suspend the
license of any person who fails to file a return, or  to  pay
the  tax,  penalty or interest shown in a filed return, or to
pay any final assessment of  tax,  penalty  or  interest,  as
required   by  any  tax  Act  administered  by  the  Illinois
Department of Revenue, until such time as the requirements of
any such tax Act are satisfied.
    Persons who  assist  the  Department  as  consultants  or
expert  witnesses  in  the  investigation  or  prosecution of
alleged violations of the Act, licensure matters, restoration
proceedings, or criminal prosecutions, shall  not  be  liable
for  damages in any civil action or proceeding as a result of
such assistance, except upon proof  of  actual  malice.   The
attorney general shall defend such persons in any such action
or proceeding.
(Source: P.A. 88-428.)

    (225 ILCS 305/38) (from Ch. 111, par. 1338)
    Sec.  38.   Fund;  appropriations;  investments;  audits.
Moneys  deposited  in the Design Professionals Administration
and  Investigation  Fund  shall  be   appropriated   to   the
Department exclusively for expenses of the Department and the
Board  in  the  administration  of  this  Act,  the  Illinois
Professional  Land  Surveyor  Act  of  1989, the Professional
Engineering  Practice  Act  of  1989,  and   the   Structural
Engineering  Licensing  Act  of  1989.   The  expenses of the
Department under this Act shall be limited  to  the  ordinary
and contingent expenses of the Design Professionals Dedicated
Employees  within the Department as established under Section
62.1 of the Civil Administrative Code of Illinois  and  other
expenses  related  to  the  administration and enforcement of
this Act.
    Moneys from the Fund may also  be  used  for  direct  and
allocable  indirect  costs  related to the public purposes of
the Department of Professional  Regulation.   Moneys  in  the
Fund may be transferred to the Professions Indirect Cost Fund
as authorized by Section 61e of the Civil Administrative Code
of Illinois.
    All fines and penalties under Sections 22 and 36 shall be
deposited    in   the   Design   Professionals   Professional
Administration and Investigation Fund.
    Moneys   in   the   Design   Professionals   Professional
Administration and Investigation Fund  may  be  invested  and
reinvested,  with  all earnings received from the investments
to be deposited in the  Design  Professionals  Administration
and Investigation Fund and used for the same purposes as fees
deposited in the Fund.
    Upon  the  completion  of  any audit of the Department as
prescribed by the Illinois State Auditing Act  that  includes
an  audit  of  the  Design  Professionals  Administration and
Investigation Fund, the Department shall make the audit  open
to  inspection  by  any  interested  person.  The copy of the
audit report required to be submitted to  the  Department  by
this  Section  is  an  addition  to  copies  of audit reports
required to be submitted to other State officers and agencies
by Section 3-14 of the Illinois State Auditing Act.
(Source: P.A. 89-204, eff. 1-1-96.)

    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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