Section 750.1000  Civil Penalties for Unlicensed Plumbers

a)         A person who practices, offers to practice, or holds himself or herself out to practice as a plumber without being licensed under the provisions of the Act may be subject to an Order of Correction to a telecommunications carrier for improper advertising under Section 5(b.10) of the Act and shall be issued a civil penalty under the following criteria:

1)         First Offense

A)        Where no violations of the Illinois Plumbing Code  are found, the person:

i)          Shall pay a civil penalty of $1,000;

ii)         May be referred to the State's Attorney of the county or to the Attorney General for prosecution under Section 29 of the Act.

B)        Where violations of the Illinois Plumbing Code are found, the person:

i)          Shall pay a civil penalty of $3,000.  The Department may reduce this amount to $1,000 upon the condition that the unlicensed person pays for a licensed plumber to correct the violations of the Illinois Plumbing Code.  The licensed plumber correcting the violations shall be acceptable to the other party to the original contract or agreement;

ii)         May be referred to the State's Attorney of the county or to the Attorney General for prosecution under Section 29 of the Act.

2)         Second Offense

A)        Where no violations of the Illinois Plumbing Code are found, the person:

i)          Shall pay a civil penalty of $3,000;

ii)         May be referred to the State's Attorney of the county or to the Attorney General for prosecution under Section 29 of the Act.

B)        Where provisions of the Illinois Plumbing Code are found, the person:

i)          Shall pay a civil penalty of $5,000.   The Department may reduce this amount to $3,000 upon the condition that the unlicensed person pays for a licensed plumber to correct the violations of the Illinois Plumbing Code.  The licensed plumber correcting the violations shall be acceptable to the other party to the original contract or agreement;

ii)         May be referred to the State's Attorney of the county or to the Attorney General for prosecution under Section 29 of the Act.

3)         Third and Subsequent Offenses

A)        The person shall pay a civil penalty of $5,000;

B)        The person shall be referred to the State's Attorney of the county or to the Attorney General for prosecution under Section 29 of the Act.

b)         A licensed plumber, firm, corporation, partnership, or association who directs, authorizes or allows a person to practice, offer to practice, attempt to practice, or hold himself or herself out to practice as a plumber without being licensed under the provisions of the Act:

1)         First Offense

A)        Shall pay a civil penalty of $5,000;

B)        Shall be required to pay for a licensed plumber to correct any violations of the Illinois Plumbing Code.  The licensed plumber correcting the violations shall be acceptable to the other party to the original contract or agreement;

C)        Shall have his or her plumbing license suspended;

D)        May be referred to the State's Attorney of the county or to the Attorney General for prosecution under Section 29 of the Act.

2)         Second Offense

A)        Shall pay a civil penalty of $5,000;

B)        Shall be required to pay for a licensed plumber to correct any violations of the Illinois Plumbing Code.  The licensed plumber correcting the violations shall be acceptable to the other party to the original contract or agreement;

C)        Shall have his or her plumbing license revoked;

D)        Shall be referred to the State's Attorney of the county or to the Attorney General for prosecution under Section 29 of the Act.

(Source:  Amended at 38 Ill. Reg. 19715, effective September 23, 2014)