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91_SB0122enr
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1 AN ACT concerning professional land surveyors.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Regulatory Sunset Act is amended by
5 changing Section 4.10 and adding Section 4.20 as follows:
6 (5 ILCS 80/4.10) (from Ch. 127, par. 1904.10)
7 Sec. 4.10. The following Acts are repealed December 31,
8 1999:
9 The Fire Equipment Distributor and Employee Regulation
10 Act.
11 The Professional Engineering Practice Act of 1989.
12 The Structural Engineering Licensing Act of 1989.
13 The Illinois Architecture Practice Act of 1989.
14 The Illinois Landscape Architecture Act of 1989.
15 The Illinois Professional Land Surveyor Act of 1989.
16 The Land Sales Registration Act of 1989.
17 The Real Estate License Act of 1983.
18 (Source: P.A. 86-667; 86-702; 86-711; 86-925; 86-932; 86-987;
19 86-1007; 86-1028.)
20 (5 ILCS 80/4.20 new)
21 Sec. 4.20. Act repealed on January 1, 2010. The
22 following Act is repealed on January 1, 2010:
23 The Illinois Professional Land Surveyor Act of 1989.
24 Section 10. The Illinois Professional Land Surveyor Act
25 of 1989 is amended by changing Sections 4, 6, 7, 8, 10, 12,
26 13, 14, 15, 18, 20, 21, 25 and 27 and adding Section 18.5 as
27 follows:
28 (225 ILCS 330/4) (from Ch. 111, par. 3254)
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1 Sec. 4. Definitions. As used in this Act:
2 (a) "Department" means the Department of Professional
3 Regulation.
4 (b) "Director" means the Director of Professional
5 Regulation.
6 (c) "Board" means the Land Surveyors Licensing Examining
7 The term of the initial appointments shall be as
20 follows: the public member shall be appointed to serve for 3
21 years, 2 land surveyor members shall be appointed to serve
22 for 2 years, 2 land surveyor members shall be appointed to
23 serve for 4 years, and 2 land surveyor members shall be
24 appointed to serve for 5 years, and until their successors
25 are qualified and appointed. A member shall not be eligible
26 for appointment to more than 2 consecutive 5 year terms.
27 Appointments to fill vacancies shall be made in the same
28 manner as original appointments, for the unexpired portion of
29 the term. Initial terms shall begin on the effective date of
30 this Act. Board members currently appointed under this The
31 Illinois Land Surveyors Act and in office on the effective
32 date of this Act shall continue to hold office until their
33 terms expire and they are replaced initial appointees under
34 this Act are qualified and appointed. All appointments shall
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1 be made on the basis of individual professional
2 qualifications with the exception of the public member and
3 shall not be based upon race, sex, or religious or political
4 affiliations.
5 Each member of the Board shall receive compensation when
6 attending to the work of the Board or any of its committees
7 and for time spent in necessary travel. In addition, members
8 shall be reimbursed for actual traveling, incidentals and
9 expenses necessarily incurred in carrying out their duties as
10 members of the Board.
11 The Director shall consider the advice and
12 recommendations of the Board on issues involving standards of
13 professional conduct, discipline and qualifications of the
14 candidates and licensees under this Act.
15 The Director shall make the Board appointments within 90
16 days of any vacancy. The Professional Land Surveyor members
17 shall be selected from a current list of candidates updated
18 by June 1 of each year, as submitted by members of the land
19 surveying profession and by affiliated organizations.
20 Members of the Board shall be immune from suit in any
21 action based upon any disciplinary proceedings or other
22 activities performed in good faith as members of the Board.
23 The Director may remove any member of the Board for
24 misconduct, incompetence, neglect of duty, or for any reason
25 prescribed by law for removal of State Officials or for not
26 attending 2 consecutive Board meetings.
27 (Source: P.A. 86-987.)
28 (225 ILCS 330/8) (from Ch. 111, par. 3258)
29 Sec. 8. Powers and duties of the Board; quorum. Subject
30 to the provisions of this Act, the Board shall exercise the
31 following functions, powers, and duties:
32 (a) Review education and experience qualifications of
33 applicants to determine eligibility as a Professional Land
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1 Surveyor or Land Surveyor-in-Training and submit to the
2 Director written recommendations on applicant qualifications
3 for licensing;
4 (b) Conduct hearings regarding disciplinary actions and
5 submit a written report to the Director as required by this
6 Act and provide a Board member at informal conferences;
7 (c) Visit universities or colleges to evaluate surveying
8 curricula and submit to the Director a written recommendation
9 of acceptability of the curriculum;
10 (d) Submit a written recommendation to the Director
11 concerning promulgation or amendment of rules for the
12 administration of this Act;
13 (e) The Department may at any time seek the expert
14 advice and knowledge of the Board on any matter relating to
15 the enforcement of this Act;
16 (f) The Board may appoint a subcommittee to serve as a
17 Complaint Committee to recommend the disposition of case
18 files according to procedures established by rule;
19 (g) Hold at least 3 regular meetings each year; and
20 (h) The Board shall annually elect a Chairperson and a
21 Vice Chairperson chairman who shall be licensed an Illinois
22 Professional Land Surveyors Surveyor.
23 A quorum of the Board shall consist of a majority of
24 Board members appointed.
25 (Source: P.A. 88-428.)
26 (225 ILCS 330/10) (from Ch. 111, par. 3260)
27 Sec. 10. Application for original license. Every person
28 who desires to obtain a license shall apply to the Department
29 in writing, upon forms prepared and furnished by the
30 Department. Each application shall contain statements made
31 under oath, showing the applicant's education, a detailed
32 summary of his or her land surveying experience, and
33 verification of the applicant's land surveying experience by
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1 the applicant's supervisor who shall be a licensed land
2 surveyor and at least one reference who is a Professional
3 Land Surveyor having personal knowledge of the applicant's
4 land surveying experience and who shall certify the
5 applicant's experience to the satisfaction of the Board, and
6 the application shall be accompanied with the required fee.
7 The Department may require an applicant, at the applicant's
8 expense, to have an evaluation of the applicant's education
9 in a foreign country by a nationally recognized educational
10 body approved by the Board in accordance with rules
11 prescribed by the Department.
12 An applicant who graduated from a land surveying program
13 outside the United States or its territories and whose first
14 language is not English shall submit certification of passage
15 of the Test of English as a Foreign Language (TOEFL) and the
16 Test of Spoken English (TSE) as defined by rule before taking
17 the licensure examination.
18 (Source: P.A. 89-594, eff. 8-1-96.)
19 (225 ILCS 330/12) (from Ch. 111, par. 3262)
20 Sec. 12. Qualifications for licensing.
21 (a) A person is qualified to receive a license as a
22 Professional Land Surveyor and the Department shall issue a
23 license to a person:
24 (1) who has applied in writing in the required form
25 and substance to the Department;
26 (2) (blank);
27 (3) who is of good moral character;
28 (4) who has been issued a acquired an Illinois
29 license as a Land Surveyor-in-Training;
30 (5) who has at least 4 years of responsible charge
31 experience, subsequent to passage of an examination for
32 licensure as a Land Surveyor-in-Training, verified by a
33 Professional Land Surveyor in responsible charge of land
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1 surveying operations under the direct supervision and
2 control of a an Illinois Professional Land Surveyor; and
3 (6) who has passed an examination authorized by the
4 Department to determine his or her fitness to receive a
5 license as a Professional Land Surveyor.
6 (b) A person is qualified to receive a license as a Land
7 Surveyor-in-Training and the Department shall issue a license
8 to a person:
9 (1) who has applied in writing in the required form
10 and substance to the Department;
11 (2) (blank);
12 (3) who is of good moral character;
13 (4) who has the required education and experience
14 in the practice of land surveying as set forth in this
15 Act; and
16 (5) who has passed an examination authorized by the
17 Department to determine his or her fitness to receive a
18 license as a Land Surveyor-in-Training in accordance with
19 this Act.
20 In determining moral character under this Section, the
21 Department may take into consideration whether the applicant
22 has engaged in conduct or actions that would constitute
23 grounds for discipline under this Act any felony conviction
24 or any violation of this Act by the applicant, but such a
25 conviction shall not operate as an absolute bar to licensing.
26 (Source: P.A. 89-387, eff. 8-20-95.)
27 (225 ILCS 330/13) (from Ch. 111, par. 3263)
28 Sec. 13. Qualifications for examination for Licensed
29 Land Surveyor-in-Training. (a) Applicants for the
30 examination for Land Surveyor-in-Training shall have:
31 (1) a baccalaureate degree in Land Surveying from an
32 accredited college or university;, or a baccalaureate degree
33 in a related science including at least 24 semester hours of
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1 land surveying courses from a Board approved curriculum of an
2 accredited institution;
3 (2) a baccalaureate degree in a related science
4 including at least 24 semester hours of land surveying
5 courses from a Board approved curriculum of an accredited
6 institution. a baccalaureate degree in a related science as
7 approved by the Board, from an accredited college or
8 university and 2 years land surveying experience;
9 (3) an associate degree in Land Surveying Technology
10 from an accredited junior college and 3 years land surveying
11 experience;
12 (4) an associate degree in engineering technology from
13 an accredited junior college and 4 years land surveying
14 experience; or
15 (5) a high school diploma or its equivalent and 8 years
16 land surveying experience.
17 Beginning January 1, 1998, an applicant must have a
18 baccalaureate degree in land surveying from an accredited
19 college or university, or a baccalaureate degree in a related
20 science including at least 24 semester hours of land
21 surveying courses from a Board approved curriculum of an
22 accredited institution, to be eligible for licensing as a
23 Land Surveyor-in-Training.
24 (Source: P.A. 86-987.)
25 (225 ILCS 330/14) (from Ch. 111, par. 3264)
26 Sec. 14. License to be displayed. Every holder of a
27 license as a Professional Land Surveyor or Land
28 Surveyor-in-Training shall display it in a conspicuous
29 location place in his or her principal office, place of
30 business, or place of employment, or any other offices or
31 places of business or employment where the Professional Land
32 Surveyor or Land Surveyor-in-Training regularly practices.
33 (Source: P.A. 86-987.)
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1 (225 ILCS 330/15) (from Ch. 111, par. 3265)
2 Sec. 15. Seal. Every Professional Land Surveyor shall
3 have a reproducible seal or facsimile, which may be computer
4 generated, the impression of which shall contain the name of
5 the land surveyor, his or her place of business, the license
6 number, of the Professional Land Surveyor, and the words
7 "Professional Land Surveyor, State of Illinois". A
8 Professional Land Surveyor shall seal or stamp all documents
9 prepared by or under the direct supervision and control of
10 the Professional Land Surveyor. Any seal authorized or
11 approved by the Department under the Illinois Land Surveyors
12 Act shall serve the same purpose as the seal provided for by
13 this Act. Signatures generated by computer shall not be
14 permitted. The licensee's written signature and date of
15 signing along with the date of license expiration shall be
16 placed adjacent to the seal.
17 (Source: P.A. 90-655, eff. 7-30-98.)
18 (225 ILCS 330/18) (from Ch. 111, par. 3268)
19 Sec. 18. Renewal, reinstatement or restoration of
20 license; Persons in military service. The expiration date
21 and renewal period for each license as a Professional Land
22 Surveyor issued under this Act shall be set by rule. The
23 holder of a license may renew such license during the month
24 preceding the expiration date by paying the required fee.
25 Each application for renewal shall be impressed with the
26 Professional Land Surveyor's seal or stamp.
27 Any Professional Land Surveyor whose license has been
28 inactive expired for less than 5 years is required to pay the
29 current renewal fee and shall have his or her license
30 restored.
31 If the Professional Land Surveyor has not maintained an
32 active practice in another jurisdiction satisfactory to the
33 Department, the Department shall determine, by an evaluation
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1 program established by rule, the person's fitness to resume
2 active status and may require that person to successfully
3 complete an examination.
4 A Professional Land Surveyor whose license has been
5 expired for more than 5 years may have the license restored
6 by making application to the Department and filing proof
7 acceptable to the Board of fitness to have the license
8 restored, including, but not limited to, sworn evidence
9 certifying to active practice in another jurisdiction and
10 payment of the required renewal, reinstatement or restoration
11 fee.
12 However, any Professional Land Surveyor whose license
13 expired while engaged (a) in federal service on active duty
14 with the armed forces of the United States, or the State
15 Militia called into active service or training, or (b) in
16 training or education under the supervision of the United
17 States preliminary to induction into the military service,
18 may have a license renewed without paying any lapsed
19 reinstatement or restoration fees upon passing an oral
20 examination by the Board, or without taking any examination,
21 if approved by the Board, if, within 2 years after the
22 termination other than by dishonorable discharge of such
23 service, training, or education, the licensee furnishes the
24 Department with an affidavit to the effect the licensee was
25 so engaged and that the service, training, or education has
26 so terminated.
27 A license for a Land Surveyor-in-Training is valid for 10
28 years and may not be renewed.
29 (Source: P.A. 86-987.)
30 (225 ILCS 330/18.5 new)
31 Sec. 18.5. Continuing education. The Department may
32 promulgate rules of continuing education for persons licensed
33 under this Act. The Department shall consider the
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1 recommendations of the Board in establishing the guidelines
2 for the continuing education requirements. The requirements
3 of this Section apply to any person seeking renewal or
4 restoration under Section 18 or 19 of this Act.
5 (225 ILCS 330/20) (from Ch. 111, par. 3270)
6 Sec. 20. Endorsement. Upon payment of the required fee,
7 an applicant who is a Professional Land Surveyor, a Land
8 Surveyor-in-Training, or registered, or licensed, or
9 otherwise legally recognized as a Land Surveyor under the
10 laws of another state or territory of the United States may
11 be granted a license as an Illinois Professional Land
12 Surveyor by the Department with approval of the Board upon
13 the following conditions:
14 (a) That the applicant meets the requirements for
15 licensing in this State, and that the requirements for
16 licensing or other legal recognition of Land Surveyors in the
17 particular state or territory were, at the date of issuance
18 of the license or certificate, equivalent to the requirements
19 then in effect in the State of Illinois; however, the
20 applicant shall be exempt from the requirements of item (5)
21 of subsection (a) of Section 12 of this Act if he or she (1)
22 applied for a license under this Section between September 1,
23 1996 and October 31, 1996 and (2) has 10 or more years of
24 supervised experience as a land surveyor; and
25 (b) That the applicant passes a jurisdictional
26 examination to determine the applicant's knowledge of the
27 surveying tasks unique to the State of Illinois and the laws
28 pertaining thereto.
29 (Source: P.A. 90-602, eff. 6-26-98.)
30 (225 ILCS 330/21) (from Ch. 111, par. 3271)
31 Sec. 21. Fees. The following fees are not refundable:
32 (a) The Department shall provide by rule for a schedule
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1 of fees to be paid for licenses by all applicants. All fees
2 are not refundable The fee for application for a license as a
3 Land Surveyor-in-Training is $70.
4 (b) The fees for the administration and enforcement of
5 the Act, including but not limited to original licensure,
6 renewal, and restoration, shall be set by rule by the
7 Department The fee for application for a license as a
8 Professional Land Surveyor is $150.
9 (c) All fees and fines collected shall be deposited in
10 the Design Professionals Administration and Investigation
11 Fund. Of the moneys deposited into the Design Professionals
12 Administration and Investigation Fund, the Department may use
13 such funds as necessary to produce and distribute newsletters
14 to persons licensed under this Act The fee for a license for
15 a Professional Land Surveyor registered or licensed under the
16 laws of another state or territory of the United States or of
17 a foreign country or province is $150.
18 (d) The fee for the renewal of a license shall be $60.
19 (e) The fee for the restoration of a license other than
20 from inactive status is $10 plus payment of all lapsed
21 renewal fees, the total fee not to exceed $110.
22 (f) The fee for a certificate of registration as a
23 Professional Land Surveyor Firm is $75.
24 (g) The fee for the renewal of a certificate of
25 registration as a professional land surveying firm shall be
26 $60.
27 (h) The fee for the issuance of a replacement license,
28 for a license which has been lost or destroyed, or for the
29 issuance of a license with a change of name or address other
30 than during the renewal period is $20. No fee is required
31 for name and address changes on Department records when no
32 duplicate license is issued.
33 (i) The fee for a certification of a licensee's record
34 for any purpose is $20.
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1 (j) The fee for an examination to determine preliminary
2 education is $20.
3 (k) The fee for rescoring an examination is the cost to
4 the Department of rescoring the examination, plus any fees
5 charged by the applicable testing service to have the
6 examination rescored.
7 (l) The fee for a wall certificate showing licensure is
8 the actual cost of producing such certificate.
9 (m) The fee for a roster of persons licensed as Land
10 Surveyor-in-Training or Professional Land Surveyor in this
11 State is the actual cost of producing such a roster.
12 (Source: P.A. 88-91; 88-428; 88-670, eff. 12-2-94.)
13 (225 ILCS 330/25) (from Ch. 111, par. 3275)
14 Sec. 25. Professional design land surveying firm
15 registration.
16 (a) Nothing in this Act shall prohibit the formation,
17 under the provisions of the Professional Service Corporation
18 Act, of a corporation to offer the practice of professional
19 land surveying.
20 Any business, including a Professional Service
21 Corporation, that includes within its stated purposes or
22 practices, or holds itself out as available to practice,
23 professional land surveying shall be registered with the
24 Department pursuant to the provisions set forth in this
25 Section.
26 Any sole proprietorship not owned and operated by an
27 Illinois licensed design professional licensed under this Act
28 shall be prohibited from offering professional land surveyor
29 services to the public. Any sole proprietorship owned and
30 operated by a professional land surveyor with an active
31 license issued under this Act and conducting or transacting
32 such business under an assumed name in accordance with the
33 provisions of the Assumed Business Name Act shall comply with
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1 the registration requirements of a professional design firm.
2 Any sole proprietorship owned and operated by a Professional
3 Land Surveyor with an active license issued under this Act
4 and conducting or transacting such business under the real
5 name of the sole proprietor is exempt from the registration
6 requirements of a professional design firm. "Illinois
7 licensed design professional" means a person who holds an
8 active license as a professional engineer under the
9 Professional Engineering Practice Act of 1989, as an
10 architect under the Illinois Architecture Practice Act of
11 1989, as a structural engineer under the Structural
12 Engineering Practice Act of 1989, or as a Professional Land
13 Surveyor under this Act.
14 (b) Any professional design firm seeking to be
15 registered pursuant to the provisions of this Section shall
16 not be registered unless one or more managing agents in
17 charge of land surveyor activities in this State are
18 designated by the professional design firm. Each managing
19 agent must at all times maintain a valid, active license to
20 practice professional land surveying in Illinois.
21 No individual whose license to practice professional land
22 surveying in this State is currently in a suspended or
23 revoked state shall act as a managing agent for a
24 professional design firm.
25 (c) Any business seeking to be registered under this
26 Section shall make application on a form provided by the
27 Department and shall provide such information as requested by
28 the Department, which shall include, but not be limited to:
29 (1) the name and license number of the person
30 designated as the managing agent in responsible charge of
31 the practice of professional land surveying in Illinois.
32 In the case of a corporation, the corporation shall also
33 submit a certified copy of the resolution by the board of
34 directors designating the managing agent. In the case of
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1 a limited liability company, the company shall submit a
2 certified copy of either its articles of organization or
3 operating agreement designating the managing agent;
4 (2) the names and license numbers of the directors,
5 in the case of a corporation, the members, in the case of
6 a limited liability company, or general partners, in the
7 case of a partnership;
8 (3) a list of all office locations at which the
9 professional design firm provides professional land
10 surveying services to the public; and
11 (4) a list of all assumed names of the business.
12 Nothing in this Section shall be construed to exempt a
13 professional design firm, sole proprietorship, or
14 professional service corporation from compliance with the
15 requirements of the Assumed Business Name Act.
16 It is the responsibility of the professional design firm
17 to provide the Department notice, in writing, of any changes
18 in the information requested on the application.
19 (d) The Department shall issue to each business a
20 certificate of registration to practice professional land
21 surveying or offer the services of its licensees in this
22 State upon submittal of a proper application for registration
23 and payment of fees. The expiration date and renewal period
24 for each registration and renewal procedures shall be
25 established by rule.
26 (e) In the event a managing agent is terminated or
27 terminates his or her status as managing agent of the
28 professional design firm, the managing agent and a
29 professional design firm shall notify the Department of this
30 fact in writing, by certified mail, within 10 business days
31 of such termination. Thereafter, the professional design
32 firm, if it has so informed the Department, shall have 30
33 days in which to notify the Department of the name and
34 licensure number of a newly designated managing agent. If a
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1 corporation, the corporation shall also submit a certified
2 copy of a resolution by the board of directors designating
3 the new managing agent. If a limited liability company, the
4 company shall also submit a certified copy of either its
5 articles of organization or operating agreement designating
6 the new managing agent. The Department may, upon good cause
7 shown, extend the original 30 day period.
8 If the professional design firm has not notified the
9 Department in writing, by certified mail within the specified
10 time, the registration shall be terminated without prior
11 hearing. Notification of termination shall be sent by
12 certified mail to the last known address of the business. If
13 the professional design firm continues to operate and offer
14 professional land surveyor services after the termination,
15 the Department may seek prosecution under Sections 27, 43,
16 and 46 of this Act for the unlicensed practice of
17 professional land surveying.
18 No professional design firm shall be relieved of
19 responsibility for the conduct or acts of its agent,
20 employees, members, managers, or officers by reason of its
21 compliance with this Section, nor shall any individual
22 practicing professional land surveying be relieved of the
23 responsibility for professional services performed by reason
24 of the individual's employment or relationship with a
25 professional design firm registered under this Section.
26 (g) Disciplinary action against a professional design
27 firm registered under this Section shall be administered in
28 the same manner and on the same grounds as disciplinary
29 action against a licensed professional land surveyor. All
30 disciplinary action taken or pending against a corporation or
31 partnership before the effective date of this amendatory Act
32 of 1999 shall be continued or remain in effect without the
33 Department filing separate actions. Upon payment of the
34 required fee the Department shall issue, upon the approval of
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1 the Board, without examination, a certificate of registration
2 as a professional land surveying firm to offer the services
3 of its licensed Illinois professional land surveyors to any
4 corporation, partnership, or limited liability company which
5 applies for one in writing if:
6 (1) In a case of a corporation a majority of its
7 officers and board of directors are licensed as
8 professional land surveyors in Illinois.
9 (2) In the case of a limited liability company, a
10 majority of its members are licensed professional land
11 surveyors in Illinois.
12 (3) In the case of a partnership, all members of
13 the partnership are licensed professional land surveyors
14 in Illinois.
15 (b) All surveying by the professional land surveying
16 firm must be done under the direct supervision and control of
17 an officer of a managing agent who holds a license as a
18 professional land surveyor. The managing agent must be
19 designated on the professional land surveying firm
20 application. The managing agent must be:
21 (1) an officer of the corporation;
22 (2) a member of the limited liability company; or
23 (3) a member of the partnership.
24 When a managing agent is terminated or terminates his or
25 her status, the managing agent shall notify the Department in
26 writing by certified mail within 10 business days of the
27 termination. Thereafter, the professional land surveying firm
28 shall, within 30 days, notify the Department of the name and
29 professional land surveyor's license number of the newly
30 designated managing agent. The Department may, upon good
31 cause, extend the 30 day period. If the professional land
32 surveying firm fails to notify the Department in writing by
33 certified mail within the specified time, the registration
34 shall be terminated without prior hearing. Notification of
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1 termination shall be sent by certified mail to the last known
2 address of the business. If the professional land surveying
3 firm continues to operate and offer land surveying services
4 after the termination, the Department may seek prosecution
5 under Sections 27, 43, and 43a of this Act for the unlicensed
6 practice of land surveying.
7 (h) (c) Any professional services corporation, sole
8 proprietorship, or professional design land surveying firm
9 offering land surveying services must have a resident land
10 surveyor overseeing the land surveying practices in each
11 location in which land surveying services are provided.
12 (d) Any sole proprietorship not owned and operated by an
13 Illinois professional land surveyor shall be prohibited from
14 offering land surveying services to the public. Any sole
15 proprietorship owned and operated by a land surveyor with an
16 active license issued under this Act and conducting or
17 transacting such business under an assumed name in accordance
18 with the provisions of the Assumed Business Name Act shall
19 comply with the registration requirements of a professional
20 land surveying firm. Any sole proprietorship owned and
21 operated by a professional land surveyor with an active
22 license issued under this Act and conducting or transacting
23 such business under the real name of the sole proprietor is
24 exempt from the registration requirements of a professional
25 land surveying firm.
26 (e) Disciplinary action against a professional land
27 surveying firm registered under this Section shall be
28 administered in the same manner and on the same grounds as
29 disciplinary action against a licensed land surveyor. All
30 disciplinary action taken or pending against a corporation or
31 partnership before the effective date of this amendatory Act
32 of 1993 shall be continued or remain in effect without the
33 Department filing separate actions.
34 (f) A professional land surveying firm shall provide
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1 notice in writing to the Department of any change in the
2 information requested upon an application.
3 (g) Nothing in this Section shall be construed to exempt
4 a business from compliance with the requirements of the
5 Assumed Business Name Act.
6 (h) Nothing in this Act shall restrict licensees from
7 forming professional service corporations under the
8 provisions of the Professional Service Corporation Act, as
9 now or hereafter amended, and having these corporations
10 licensed for the practice of land surveying.
11 (Source: P.A. 88-428; 89-594, eff. 8-1-96.)
12 (225 ILCS 330/27) (from Ch. 111, par. 3277)
13 Sec. 27. Grounds for disciplinary action.
14 (a) The Department may, singularly or in combination,
15 refuse to issue, restore, or renew, or may revoke or suspend
16 a license or registration, or may place on probation,
17 censure, reprimand or impose a civil penalty not to exceed
18 $10,000, upon any person, corporation, partnership, or
19 professional land surveying firm licensed or registered under
20 this Act for any one or combination of the following:
21 (1) material misstatement in furnishing information
22 to the Department;
23 (2) violation, including, but not limited to,
24 neglect or intentional disregard, of this Act, or its
25 rules;
26 (3) conviction of any crime under the laws of the
27 United States, or any state or territory thereof, which
28 is a felony, whether related to practice or not, or
29 conviction of any crime, whether a felony, misdemeanor,
30 or otherwise, an essential element of which is dishonesty
31 or which is directly related to the practice of land
32 surveying;
33 (4) making any misrepresentation for the purpose of
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1 obtaining a license, or in applying for restoration or
2 renewal, or the practice of any fraud or deceit in taking
3 any examination to qualify for licensure under this Act;
4 (5) purposefully making false statements or signing
5 false statements, certificates, or affidavits to induce
6 payment;
7 (6) proof of carelessness, incompetence,
8 negligence, or misconduct in practicing land surveying;
9 (7) aiding or assisting another person in violating
10 any provision of this Act or its rules;
11 (8) failing to provide information in response to a
12 written request made by the Department within 30 days
13 after receipt of such written request;
14 (9) engaging in dishonorable, unethical, or
15 unprofessional conduct of a character likely to deceive,
16 defraud, or harm the public;
17 (10) habitual intoxication or addiction to the use
18 of drugs;
19 (11) discipline by the United States government,
20 another state, District of Columbia, territory, foreign
21 nation or government agency if at least one of the
22 grounds for the discipline is the same or substantially
23 equivalent to those set forth in this Act;
24 (12) directly or indirectly giving to or receiving
25 from any person, firm, corporation, partnership, or
26 association any fee, commission, rebate, or other form of
27 compensation for any professional services not actually
28 or personally rendered;
29 (12.5) issuing a map or plat of survey where the
30 fee for professional services is contingent on a real
31 estate transaction closing;
32 (13) a finding by the Board that an applicant or
33 licensee has failed to pay a fine imposed by the
34 Department or a licensee whose license has been placed on
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1 probationary status has violated the terms of probation;
2 (14) practicing on an expired, inactive, suspended,
3 or revoked license;
4 (15) signing, affixing the Professional Land
5 Surveyor's seal or permitting the Professional Land
6 Surveyor's seal to be affixed to any map or plat of
7 survey not prepared by the Professional Land Surveyor or
8 under the Professional Land Surveyor's direct supervision
9 and control;
10 (16) physical illness, including but not limited to
11 deterioration through the aging process or loss of motor
12 skill, which results in the inability to practice the
13 profession with reasonable judgment, skill, or safety;
14 (17) issuing a check or other guarantee to the
15 order of the Department which is not honored on 2
16 occasions by the financial institution upon which it is
17 drawn because of insufficient funds;
18 (18) failure to adequately supervise or control
19 land surveying operations being performed by
20 subordinates.
21 (a-5) In enforcing this Section, the Board upon a
22 showing of a possible violation may compel a person licensed
23 to practice under this Act, or who has applied for licensure
24 or certification pursuant to this Act, to submit to a mental
25 or physical examination, or both, as required by and at the
26 expense of the Department. The examining physicians shall be
27 those specifically designated by the Board. The Board or the
28 Department may order the examining physician to present
29 testimony concerning this mental or physical examination of
30 the licensee or applicant. No information shall be excluded
31 by reason of any common law or statutory privilege relating
32 to communications between the licensee or applicant and the
33 examination physician. The person to be examined may have,
34 at his or her own expense, another physician of his or her
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1 choice present during all aspects of the examination.
2 Failure of any person to submit to a mental or physical
3 examination, when directed, shall be grounds for suspension
4 of a licensee until the person submits to the examination if
5 the Board finds, after notice and hearing, that the refusal
6 to submit to the examination was without reasonable cause.
7 If the Board finds a person unable to practice because of
8 the reasons set forth in this Section, the Board may require
9 that person to submit to care, counseling, or treatment by
10 physicians approved or designated by the Board as a
11 condition, term, or restriction for continued, reinstated, or
12 renewed licensure to practice; or, in lieu of care,
13 counseling, or treatment, the Board may recommend to the
14 Department to file a complaint to immediately suspend,
15 revoke, or otherwise discipline the license of the person.
16 Any person whose license was granted, continued, reinstated,
17 renewed, disciplined, or supervised subject to such terms,
18 conditions, or restrictions and who fails to comply with such
19 terms, conditions, or restrictions shall be referred to the
20 Director for a determination as to whether the person shall
21 have his or her license suspended immediately, pending a
22 hearing by the Board.
23 (b) The determination by a circuit court that a licensee
24 is subject to involuntary admission or judicial admission as
25 provided in the Mental Health and Developmental Disabilities
26 Code, as now or hereafter amended, operates as an automatic
27 license suspension. Such suspension will end only upon a
28 finding by a court that the patient is no longer subject to
29 involuntary admission or judicial admission and the issuance
30 of an order so finding and discharging the patient and upon
31 the recommendation of the Board to the Director that the
32 licensee be allowed to resume his or her practice.
33 (Source: P.A. 88-428; 88-595, eff. 8-26-94.)
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1 Section 99. Effective date. This Act takes effect on
2 January 1, 2000, except that Section 5 takes effect upon
3 becoming law.
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