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91_SB0123eng
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1 AN ACT concerning the regulation of the practice of
2 architecture.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Regulatory Sunset Act is amended by
6 changing Section 4.10 and adding Section 4.20 as follows:
7 (5 ILCS 80/4.10) (from Ch. 127, par. 1904.10)
8 Sec. 4.10. The following Acts are repealed December 31,
9 1999:
10 The Fire Equipment Distributor and Employee Regulation
11 Act.
12 The Professional Engineering Practice Act of 1989.
13 The Structural Engineering Licensing Act of 1989.
14 The Illinois Architecture Practice Act of 1989.
15 The Illinois Landscape Architecture Act of 1989.
16 The Illinois Professional Land Surveyor Act of 1989.
17 The Land Sales Registration Act of 1989.
18 The Real Estate License Act of 1983.
19 (Source: P.A. 86-667; 86-702; 86-711; 86-925; 86-932; 86-987;
20 86-1007; 86-1028.)
21 (5 ILCS 80/4.20 new)
22 Sec. 4.20. Act repealed on January 1, 2010. The
23 following Act is repealed on January 1, 2010:
24 The Illinois Architecture Practice Act of 1989.
25 Section 10. The Illinois Architecture Practice Act of
26 1989 is amended by changing Sections 3, 8, 9, 10, 11, 12,
27 13, 14, 19, 21, 22, and 38 and adding Section 16.5 as
28 follows:
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1 (225 ILCS 305/3) (from Ch. 111, par. 1303)
2 Sec. 3. Application of Act. Nothing in this Act shall
3 be deemed or construed to prevent the practice of structural
4 engineering as defined in the Structural Engineering
5 Licensing Act of 1989, the practice of professional
6 engineering as defined in the Professional Engineering
7 Practice Act of 1989, or the preparation of documents used to
8 prescribe work to be done inside buildings for
9 non-loadbearing interior construction, furnishings, fixtures
10 and equipment, or the offering or preparation of
11 environmental analysis, feasibility studies, programming or
12 construction management services by persons other than those
13 licensed in accordance with this Act, the Structural
14 Engineering Licensing Act of 1989 or the Professional
15 Engineering Practice Act of 1989.
16 Nothing contained in this Act shall prevent the
17 draftsmen, students, project representatives and other
18 employees of those lawfully practicing as licensed architects
19 under the provisions of this Act, from acting under the
20 direct supervision and control of their employers, or to
21 prevent the employment of project representatives for
22 enlargement or alteration of buildings or any parts thereof,
23 or prevent such project representatives from acting under the
24 direct supervision and control of the licensed architect by
25 whom the construction documents including drawings and
26 specifications of any such building, enlargement or
27 alteration were prepared.
28 Nothing in this Act or any other Act shall prevent a
29 registered architect from practicing interior design
30 services. Nothing in this Act shall be construed as
31 requiring the services of an interior designer for the
32 interior designing of a single family residence.
33 This Act does not apply to any of the following:
34 (A) The building, remodeling or repairing of any
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1 building or other structure outside of the corporate
2 limits of any city or village, where such building or
3 structure is to be, or is used for residential or farm
4 purposes, or for the purposes of outbuildings or
5 auxiliary buildings in connection with such residential
6 or farm premises.
7 (B) The construction, remodeling or repairing of a
8 detached single family residence on a single lot.
9 (C) The construction, remodeling or repairing of a
10 two-family residence of wood frame construction on a
11 single lot, not more than two stories and basement in
12 height.
13 (D) Interior design services for buildings which do
14 not involve life safety or structural changes.
15 However, all buildings not included in the preceding
16 paragraphs (A) through (D), including multi-family buildings
17 and buildings previously exempt under those paragraphs but
18 subsequently non-exempt due to a change in occupancy or use,
19 are subject to the requirements of this Act. Interior
20 alterations which result in life safety or structural changes
21 of the building are subject to the requirements of this Act.
22 (Source: P.A. 87-435; 88-650, eff. 9-16-94.)
23 (225 ILCS 305/8) (from Ch. 111, par. 1308)
24 Sec. 8. Powers and duties of the Department. Subject to
25 the provisions of this Act, the Department shall exercise the
26 following functions, powers and duties:
27 (a) Conduct examinations to ascertain the qualifications
28 and fitness of applicants for licensure as licensed
29 architects, and pass upon the qualifications and fitness of
30 applicants for licensure by endorsement;
31 (b) Prescribe rules for a method of examination of
32 candidates;
33 (c) Prescribe rules defining what constitutes a school,
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1 college or university, or department of a university, or
2 other institution, reputable and in good standing, to
3 determine whether or not a school, college or university, or
4 department of a university, or other institution is reputable
5 and in good standing by reference to a compliance with such
6 rules, and to terminate the approval of such school, college
7 or university or department of a university or other
8 institution that refuses admittance to applicants solely on
9 the basis of race, color, creed, sex or national origin. The
10 Department may adopt, as its own rules relating to education
11 requirements, those guidelines published from time to time by
12 the National Architectural Accrediting Board;
13 (d) Prescribe rules for diversified professional
14 training;
15 (e) Conduct oral interviews, disciplinary conferences
16 and formal evidentiary hearings on proceedings to impose
17 fines or to suspend, revoke, place on probationary status,
18 reprimand, and refuse to issue or restore any license issued
19 under the provisions of this Act for the reasons set forth in
20 Section 22 of this Act;
21 (f) Issue licenses to those who meet the requirements of
22 this Act; and
23 (g) Formulate and publish rules necessary or appropriate
24 to carrying out the provisions of this Act.
25 (h) To maintain membership in the National Council of
26 Architectural Registration Boards and participate in
27 activities of the Council by designation of individuals for
28 the various classifications of membership and the appointment
29 of delegates for attendance at regional and national meetings
30 of the Council. All costs associated with membership and
31 attendance of such delegates to any national meetings may be
32 funded from the Design Professionals Administration and
33 Investigation Fund.
34 Prior to issuance of any final decision or order that
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1 deviates from any report or recommendation of the Board
2 relating to the qualification of applicants, discipline of
3 licensees or registrants, or promulgation of rules, the
4 Director shall notify the Board in writing with an
5 explanation of any such deviation and provide a reasonable
6 time for the Board to submit writing comments to the Director
7 regarding the proposed action. In the event that the Board
8 fails or declines to submit such written comments within 30
9 days of said notification, the Director may issue a final
10 decision or orders consistent with the Director's original
11 decision. The Department may at any time seek the expert
12 advice and knowledge of the Board on any matter relating to
13 the enforcement of this Act.
14 (Source: P.A. 86-702.)
15 (225 ILCS 305/9) (from Ch. 111, par. 1309)
16 Sec. 9. Creation of the Board. The Director shall
17 appoint an Architecture Architect Licensing Board which will
18 consist of 6 members. Five members shall be licensed
19 architects, one of whom shall be a tenured member of the
20 architectural faculty of the University of Illinois. The
21 other 4 shall be licensed architects, residing in this State,
22 who have been engaged in the practice of architecture at
23 least 10 years. In addition to the 5 licensed architects,
24 there shall be one public member. The public member shall be
25 a voting member and shall not hold a license as an architect,
26 professional engineer, structural engineer or land surveyor.
27 Board members shall serve 5 year terms and until their
28 successors are appointed and qualified. For the initial
29 appointments made under this Act, however, 2 members shall be
30 appointed to serve for a period of one year, 2 members shall
31 be appointed to serve for a period of 3 years, and one member
32 shall be appointed for a period of 5 years. The public member
33 shall be appointed to an initial term of 5 years. In making
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1 the designation of persons to the Board, the Director shall
2 give due consideration to recommendations by members and
3 organizations of the profession.
4 The membership of the Board should reasonably reflect
5 representation from the geographic areas in this State.
6 No member shall be reappointed to the Board for a term
7 which would cause his or her continuous service on the Board
8 to be longer than 10 successive years. Service prior to the
9 effective date of this Act shall not be considered.
10 Appointments to fill vacancies shall be made in the same
11 manner as original appointments, for the unexpired portion of
12 the vacated term. Initial terms shall begin upon the
13 effective date of this Act and Board members in office on
14 that date under the predecessor Act may be appointed to
15 specific terms as indicated in this Section.
16 Persons holding office as members of the Board under the
17 Illinois Architecture Act immediately prior to the effective
18 date of this Act shall continue as members of the Board under
19 this Act until the expiration of the term for which they were
20 appointed and until their successors are appointed and
21 qualified.
22 A quorum of the Board shall consist of a majority of
23 Board members currently appointed. A majority vote of the
24 quorum is required for Board decisions. Four members shall
25 constitute a quorum of Board members. The Chairman shall
26 only vote on all matters to come before the Board in the case
27 of a tie vote.
28 The Director may remove any member of the Board for
29 misconduct, incompetence, neglect of duty, or for reasons
30 prescribed by law for removal of State officials.
31 The Director may remove a member of the Board who does
32 not attend 2 consecutive meetings.
33 The Director may terminate the appointment of any member
34 for cause which in the opinion of the Director reasonably
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1 justifies such termination.
2 Notice of proposed rulemaking shall be transmitted to the
3 Board and the Department shall review the response of the
4 Board and any recommendations made therein. The Department
5 may, at any time, seek the expert advice and knowledge of the
6 Board on any matter relating to the administration or
7 enforcement of this Act.
8 Members of the Board are immune from suit in any action
9 based upon any disciplinary proceedings or other activities
10 performed in good faith as members of the Board.
11 (Source: P.A. 86-702; 87-593.)
12 (225 ILCS 305/10) (from Ch. 111, par. 1310)
13 Sec. 10. Powers and duties of the Board.
14 (a) The Board shall hold at least 3 regular meetings each
15 year.;
16 (b) The Board shall annually elect a Chairperson and a
17 Vice Chairperson Chairman who shall be a licensed architects.
18 architect;
19 (c) The Board, upon request by the Department, may make
20 a curriculum evaluation to determine if courses conform to
21 the requirements of approved architectural programs.;
22 (d) The Board shall assist the Department in conducting
23 oral interviews, disciplinary conferences and formal
24 evidentiary hearings.;
25 (e) The Department may, at any time, seek the expert
26 advice and knowledge of the Board on any matter relating to
27 the enforcement of this Act.;
28 (f) The Board may appoint a subcommittee to serve as a
29 Complaint Committee to recommend the disposition of case
30 files according to procedures established by rule.;
31 (g) The Board shall review applicant qualifications to
32 sit for the examination or for licensure and shall make
33 recommendations to the Department. The Department shall
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1 review the Board's recommendations on applicant
2 qualifications. The Director shall notify the Board in
3 writing with an explanation of any deviation from the Board's
4 recommendation on applicant qualifications. After review of
5 the Director's written explanation of his or her reasons for
6 deviation, the Board shall have the opportunity to comment
7 upon the Director's decision.
8 (h) The Board shall submit written comments to the
9 Director within 30 days from notification of any final
10 decision or order from the Director that deviates from any
11 report or recommendation of the Board relating to the
12 qualifications of applicants, discipline of licensees or
13 registrants, or promulgation of rules.
14 (Source: P.A. 88-428.)
15 (225 ILCS 305/11) (from Ch. 111, par. 1311)
16 Sec. 11. Application for original license. Applications
17 for original licensure shall be made to the Department in
18 writing on forms prescribed by the Department and shall be
19 accompanied by the required fee, which is not refundable.
20 Any such application shall require information as in the
21 judgment of the Department will enable the Department to pass
22 on the qualifications of the applicant to practice
23 architecture. The Department may require an applicant, at the
24 applicant's expense, to have an evaluation of the applicant's
25 education in a foreign country by a nationally recognized
26 educational body approved by the Board in accordance with
27 rules prescribed by the Department.
28 An applicant who has graduated from an architectural
29 program outside the United States or its territories and
30 whose first language is not English shall submit
31 certification of passage of the Test of English as a Foreign
32 Language (TOEFL) and the Test of Spoken English (TSE) as
33 defined by rule before taking the licensure examination.
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1 (Source: P.A. 89-594, eff. 8-1-96.)
2 (225 ILCS 305/12) (from Ch. 111, par. 1312)
3 Sec. 12. Examinations; subjects; failure or refusal to
4 take examination. The Department shall authorize examination
5 of applicants as architects at such times and places as it
6 may determine. The examination shall be in English and shall
7 be written or written and graphic. It shall include at a
8 minimum the following subjects:
9 "(a) pre-design (environmental analysis,
10 architectural programming, and application of principles
11 of project management and coordination), environmental
12 analysis and programming;
13 (b) site planning (site analysis, design and
14 development, parking, and application of zoning
15 requirements) design;
16 (c) building planning (conceptual planning of
17 functional and space relationships, building design,
18 interior space layout, barrier-free design, and the
19 application of the life safety code requirements and
20 principles of energy efficient design) design;
21 (d) building technology (application of structural
22 systems, building components, and mechanical and
23 electrical systems) structural technology (general, long
24 span, and lateral);
25 (e) general structures (identification, resolution,
26 and incorporation of structural systems and the long span
27 design on the technical aspects of the design of
28 buildings and the process and construction) life safety
29 codes and technology, and energy efficient design;
30 (f) lateral forces (identification and resolution
31 of the effects of lateral forces on the technical aspects
32 of the design of buildings and the process of
33 construction) barrier free design;
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1 (g) mechanical, plumbing, and electrical systems
2 (as applied to the design of buildings, including
3 plumbing and acoustical systems) (principles of
4 sanitation and ventilation as applied to buildings);
5 (h) materials and methods (as related to the design
6 of buildings and the technical aspects of construction);
7 and
8 (i) construction documents and services (conduct of
9 architectural practice as it relates to construction
10 documents, bidding, and construction administration and
11 contractual documents from beginning to end of a building
12 project)., technical submissions, and professional
13 practice, including the contractual duties of an
14 architect; and
15 It shall be the responsibility of the applicant to
16 be familiar with this Act and its rules.
17 Examination subject matter headings and bases on which
18 examinations are graded shall be indicated in rules
19 pertaining to this Act. The Department may adopt the
20 examinations and grading procedures of the National Council
21 of Architectural Registration Boards. Content of any
22 particular examination shall not be considered public record
23 under the Freedom of Information Act.
24 If an applicant neglects without an approved excuse or
25 refuses to take the next available examination offered for
26 licensure under this Act, the fee paid by the applicant shall
27 be forfeited. If an applicant fails to pass an examination
28 for licensure under this Act within 3 6 years after filing an
29 application, the application shall be denied. The applicant
30 may, however, make a new application for examination
31 accompanied by the required fee and must furnish proof of
32 meeting the qualifications for examination in effect at the
33 time of the new application.
34 The Department may by rule prescribe additional subjects
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1 for examination.
2 An applicant has one year from the date of notification
3 of successful completion of all the examination requirements
4 to apply to the Department for a license. If an applicant
5 fails to apply within one year, the applicant shall be
6 required to again take and pass the examination.
7 (Source: P.A. 86-702; 87-593.)
8 (225 ILCS 305/13) (from Ch. 111, par. 1313)
9 Sec. 13. Qualifications of applicants. Any person who
10 is of good moral character may take an examination for
11 licensure if he or she is a graduate with a first
12 professional degree in architecture from a program accredited
13 by the National Architectural Accrediting Board and has
14 completed such diversified professional training, including
15 academic training, as is required by rules of the Department.
16 In lieu of the requirement of graduation with a first
17 professional degree in architecture from a program accredited
18 by the National Architectural Accrediting Board, the
19 Department may admit an applicant who is a graduate with a
20 pre-professional 4 year baccalaureate degree accepted for
21 direct entry into a first professional master of architecture
22 degree program, and who has completed such additional
23 diversified professional training, including academic
24 training, as is required by rules of the Department. The
25 Department may adopt, as its own rules relating to
26 diversified professional training, those guidelines published
27 from time to time by the National Council of Architectural
28 Registration Boards.
29 Good moral character means such character as will enable
30 a person to discharge the fiduciary duties of an architect to
31 that person's client and to the public in a manner which
32 protects health, safety and welfare. Evidence of inability
33 to discharge such duties may include the commission of an
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1 offense justifying discipline under Section 19. In addition,
2 the Department may take into consideration whether the
3 applicant has engaged in conduct or actions that would
4 constitute grounds for discipline under this Act any felony
5 conviction of the applicant, but such a conviction shall not
6 operate as an absolute bar to qualification for examination
7 for licensure.
8 (Source: P.A. 89-387, eff. 8-20-95.)
9 (225 ILCS 305/14) (from Ch. 111, par. 1314)
10 Sec. 14. Display of license; Seal. Every holder of a
11 license as a licensed architect shall display it in a
12 conspicuous place in the principal office of the architect.
13 Every licensed architect shall have a reproducible seal,
14 or facsimile, the print of which shall contain the name of
15 the architect, the license number, and the words "Licensed
16 Architect, State of Illinois". The licensed architect shall
17 affix the signature, current date, date of license expiration
18 and seal to the first sheet of any bound set or loose sheets
19 of construction documents utilized as contract documents or
20 prepared for the review and approval of any governmental or
21 public authority having jurisdiction by that licensed
22 architect or under that licensed architect's direct
23 supervision and control. The sheet of construction documents
24 in which the seal is affixed shall indicate those documents
25 or parts thereof for which the seal shall apply. The seal and
26 dates may be electronically affixed. The signature must be
27 in the original handwriting of the licensee. Signatures
28 generated by computer shall not be permitted. All
29 construction documents issued by any corporation,
30 partnership, professional service corporation, or
31 professional design firm as registered under this Act shall
32 contain the corporate or assumed business name and design
33 firm registration number, in addition to any other seal
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1 requirements as set forth in this Section.
2 "Direct supervision and control" means that the architect
3 has exerted sufficient personal supervision, control, and
4 review of the activities of those employed to perform
5 architectural work to ensure that the construction documents
6 produced by those so employed and sealed by the architect
7 meet the standards of reasonable professional skill and
8 diligence and are of no lesser quality than if they had been
9 produced personally by the architect. The architect is
10 obligated to have detailed professional knowledge of the
11 construction documents the architect seals and to have
12 exercised professional judgement in all architectural matters
13 embodied in those construction documents. Merely reviewing
14 the construction documents produced by others, even if they
15 are licensed, does not constitute "direct supervision and
16 control" by the architect unless the architect has actually
17 exercised the supervision and control over the preparation of
18 the construction documents provided for in this Section.
19 (Source: P.A. 86-702; 86-1028.)
20 (225 ILCS 305/16.5 new)
21 Sec. 16.5. Continuing education. The Department may
22 promulgate rules of continuing education for persons licensed
23 under this Act. The Department shall consider the
24 recommendations of the Board in establishing the guidelines
25 for the continuing education requirements. The requirements
26 of this Section apply to any person seeking renewal or
27 restoration under Section 16 or 17 of this Act.
28 (225 ILCS 305/19) (from Ch. 111, par. 1319)
29 Sec. 19. Fees.
30 (a) The Department shall provide by rule for a schedule
31 of fees to be paid for licenses by all applicants. All fees
32 are not refundable.
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1 (b) The fees for the administration and enforcement of
2 this Act, including but not limited to original licensure,
3 renewal, and restoration, shall be set by rule by the
4 Department. The following fees are not refundable.
5 (a) Licensure fees.
6 (1) The fee for application for a license is $100.
7 (2) In addition, applicants for any examination are
8 required to pay, either to the Department or to the
9 designated testing service, a fee covering the cost of
10 determining the applicant's eligibility and providing the
11 examination. Failure to appear for the examination on
12 the scheduled date, at the time and place specified,
13 after the applicant's application for examination has
14 been received and acknowledged by the Department or the
15 designated testing service, shall result in the
16 forfeiture of the examination fee.
17 (3) The fee for a license for an architect
18 registered or licensed under the laws of another state or
19 territory of the United States or province is $100.
20 (4) The fee for the renewal of a license shall be
21 $60.
22 (5) The fee for the restoration of a license other
23 than from inactive status is $10 plus payment of all
24 lapsed renewal fees.
25 (6) The fee for application for a license as an
26 architecture corporation or partnership is $75.
27 (7) The fee for renewal of a license or certificate
28 of registration as a professional design firm is $75.
29 (b) General fees.
30 (1) The fee for the issuance of a duplicate
31 license, for the issuance of a replacement license for a
32 license which has been lost or destroyed or for the
33 issuance of a license with a change of name or address
34 other than during the renewal period is $20. No fee is
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1 required for name and address changes on Department
2 records when no duplicate license is issued.
3 (2) The fee for a certification of a licensee's
4 record for any purpose is $20.
5 (3) The fee for rescoring an examination is the
6 cost to the Department of rescoring the examination, plus
7 any fees charged by the applicable testing service to
8 have the examination rescored.
9 (4) The fee for a wall certificate showing
10 licensure is the actual cost of producing such
11 certificate.
12 (5) The fee for a roster of licensed architects in
13 this State is the actual cost of producing such a roster.
14 Professional Administration and Investigation Fund. Of the
18 moneys deposited into the Design Professionals Administration
19 and Investigation Fund, the Department may use such funds as
20 necessary and available to produce and distribute newsletters
21 to persons licensed under this Act.
22 Any person who delivers a check or other payment to the
23 Department that is returned to the Department unpaid by the
24 financial institution upon which it is drawn shall pay to the
25 Department, in addition to the amount already owed to the
26 Department, a fine of $50. If the check or other payment was
27 for a renewal or issuance fee and that person practices
28 without paying the renewal fee or issuance fee and the fine
29 due, an additional fine of $100 shall be imposed. The fines
30 imposed by this Section are in addition to any other
31 discipline provided under this Act for unlicensed practice or
32 practice on a nonrenewed license. The Department shall notify
33 the person that payment of fees and fines shall be paid to
34 the Department by certified check or money order within 30
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1 calendar days of the notification. If, after the expiration
2 of 30 days from the date of the notification, the person has
3 failed to submit the necessary remittance, the Department
4 shall automatically terminate the license or certificate or
5 deny the application, without hearing. If, after termination
6 or denial, the person seeks a license or certificate, he or
7 she shall apply to the Department for restoration or issuance
8 of the license or certificate and pay all fees and fines due
9 to the Department. The Department may establish a fee for the
10 processing of an application for restoration of a license or
11 certificate to pay all expenses of processing this
12 application. The Director may waive the fines due under this
13 Section in individual cases where the Director finds that the
14 fines would be unreasonable or unnecessarily burdensome.
15 (Source: P.A. 87-1031; 88-91; 88-428; 88-670, eff. 12-2-94.)
16 (225 ILCS 305/21) (from Ch. 111, par. 1321)
17 Sec. 21. Professional design firm registration;
18 conditions.
19 (a) Nothing in this Act shall prohibit the formation,
20 under the provisions of the Professional Service Corporation
21 Act, of a corporation to offer the practice of architecture.
22 Any business, including a not formed under the provisions
23 of the Professional Service Corporation, that Act and not
24 registered as such with the Department, and which includes
25 the practice of architecture within its stated purposes,
26 practices architecture, or holds itself out as available to
27 practice architecture, shall register with the Department
28 under this Section. Any professional service corporation,
29 sole proprietorship, or professional design firm offering
30 architectural services must have a resident architect
31 overseeing the architectural practices in each location in
32 which architectural services are provided.
33 Any sole proprietorship not owned and operated by an
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1 Illinois licensed design professional licensed under this Act
2 shall be prohibited from offering architectural services to
3 the public. "Illinois licensed design professional" means a
4 person who holds an active license as an architect under this
5 Act, as a structural engineer under the Structural
6 Engineering Practice Licensing Act of 1989, or as a
7 professional engineer under the Professional Engineering
8 Practice Act of 1989. Any sole proprietorship owned and
9 operated by an architect with an active license issued under
10 this Act and conducting or transacting such business under an
11 assumed name in accordance with the provisions of the Assumed
12 Business Name Act shall comply with the registration
13 requirements of a professional design firm. Any sole
14 proprietorship owned and operated by an architect with an
15 active license issued under this Act and conducting or
16 transacting such business under the real name of the sole
17 proprietor is exempt from the registration requirements of a
18 professional design firm.
19 (b) Any corporation, including a Professional Service
20 Corporation, partnership, limited liability company, or
21 professional design firm seeking to be registered under this
22 Section shall not be registered unless:
23 (1) two-thirds of the board of directors, in the
24 case of a corporation, or two-thirds of the general
25 partners, in the case of a partnership, or two-thirds of
26 the members, in the case of a limited liability company,
27 are licensed under the laws of any State to practice
28 architecture, professional engineering, land surveying,
29 or structural engineering; and
30 (2) the person having the architectural practice in
31 this State in his charge is (A) a director in the case of
32 a corporation, a general partner in the case of a
33 partnership, or a member in the case of a limited
34 liability company, and (B) holds a license under this
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1 Act.
2 Any corporation, limited liability company, professional
3 service corporation, or partnership qualifying under this
4 Section and practicing in this State shall file with the
5 Department any information concerning its officers,
6 directors, members, managers, partners or beneficial owners
7 as the Department may, by rule, require.
8 (c) No business shall offer the practice or hold itself
9 out as available to offer the practice of architecture until
10 it is registered with the Department.
11 (d) Any business seeking to be registered under this
12 Section shall make application on a form provided by the
13 Department and shall provide any information requested by the
14 Department, which shall include but shall not be limited to
15 all of the following:
16 (1) The name and architect's license number of at
17 least one person designated as the managing agent in
18 responsible charge of the practice of architecture in
19 Illinois. In the case of a corporation, the corporation
20 shall also submit a certified copy of the resolution by
21 the board of directors designating at least one managing
22 agent. If a limited liability company, the company shall
23 submit a certified copy of either its articles of
24 organization or operating agreement designating the
25 managing agent.
26 (2) The names and architect's, professional
27 engineer's, or structural engineer's, or land surveyor's
28 license numbers of the directors, in the case of a
29 corporation, the members, in the case of a limited
30 liability company, or general partners, in the case of a
31 partnership.
32 (3) A list of all locations at which the
33 professional design firm provides architectural services.
34 (4) A list of all assumed names of the business.
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1 Nothing in this Section shall be construed to exempt a
2 business from compliance with the requirements of the
3 Assumed Business Name Act.
4 It is the responsibility of the professional design firm
5 to provide the Department notice, in writing, of any changes
6 in the information requested on the application.
7 (e) In the event a managing agent is terminated or
8 terminates his or her status as managing agent of the
9 professional design firm, the managing agent and professional
10 design firm shall notify the Department of this fact in
11 writing, by certified mail, within 10 business days of
12 termination.
13 Thereafter, the professional design firm, if it has so
14 informed the Department, has 30 days in which to notify the
15 Department of the name and architect's license number of the
16 architect who is the newly designated managing agent. If a
17 corporation, the corporation shall also submit a certified
18 copy of a resolution by the board of directors designating
19 the new managing agent. If a limited liability company, the
20 company shall also submit a certified copy of either its
21 articles of organization or operating agreement designating
22 the new managing agent. The Department may, upon good cause
23 shown, extend the original 30 day period.
24 If the professional design firm has not notified the
25 Department in writing, by certified mail within the specified
26 time, the registration shall be terminated without prior
27 hearing. Notification of termination shall be sent by
28 certified mail to the last known address of the business. If
29 the professional design firm continues to operate and offer
30 architectural services after the termination, the Department
31 may seek prosecution under Sections 22, 36, and 36a of this
32 Act for the unlicensed practice of architecture.
33 (f) No professional design firm shall be relieved of
34 responsibility for the conduct or acts of its agents,
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1 employees, or officers by reason of its compliance with this
2 Section, nor shall any individual practicing architecture be
3 relieved of the responsibility for professional services
4 performed by reason of the individual's employment or
5 relationship with a professional design firm registered under
6 this Section.
7 (g) Disciplinary action against a professional design
8 firm registered under this Section shall be administered in
9 the same manner and on the same grounds as disciplinary
10 action against a licensed architect. All disciplinary action
11 taken or pending against a corporation or partnership before
12 the effective date of this amendatory Act of 1993 shall be
13 continued or remain in effect without the Department filing
14 separate actions.
15 (Source: P.A. 88-428; 89-594, eff. 8-1-96.)
16 (225 ILCS 305/22) (from Ch. 111, par. 1322)
17 Sec. 22. Refusal, suspension and revocation of licenses;
18 Causes.
19 (a) The Department may, singularly or in combination,
20 refuse to issue, renew or restore, or may suspend or revoke
21 any license or registration, or may place on probation,
22 reprimand, or fine, with a civil penalty not to exceed
23 $10,000 for each violation, any person, corporation, or
24 partnership, or professional design firm licensed or
25 registered under this Act for any of the following reasons:
26 (1) material misstatement in furnishing information
27 to the Department;
28 (2) negligence, incompetence or misconduct in the
29 practice of architecture;
30 (3) failure to comply with any of the provisions of
31 this Act or any of the rules;
32 (4) making any misrepresentation for the purpose of
33 obtaining licensure;
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1 (5) purposefully making false statements or signing
2 false statements, certificates or affidavits to induce
3 payment;
4 (6) conviction of any crime under the laws of the
5 United States, or any state or territory thereof, which
6 is a felony, whether related to the practice of
7 architecture or not; or conviction of any crime, whether
8 a felony, misdemeanor, or otherwise, an essential element
9 of which is dishonesty, wanton disregard for the rights
10 of others, or which is directly related to the practice
11 of architecture;
12 (7) aiding or assisting another person in violating
13 any provision of this Act or its rules;
14 (8) signing, affixing the licensed architect's seal
15 or permitting the architect's seal to be affixed to any
16 construction documents not prepared by the architect or
17 under that architect's direct supervision and control;
18 (9) engaging in dishonorable, unethical or
19 unprofessional conduct of a character likely to deceive,
20 defraud or harm the public;
21 (10) habitual intoxication or addiction to the use
22 of drugs;
23 (11) making a statement of compliance pursuant to
24 the Environmental Barriers Act that construction
25 documents prepared by the Licensed Architect or prepared
26 under the licensed architect's direct supervision and
27 control for construction or alteration of an occupancy
28 required to be in compliance with the Environmental
29 Barriers Act are in compliance with the Environmental
30 Barriers Act when such construction documents are not in
31 compliance;
32 (12) a finding by the Board that an applicant or a
33 registrant has failed to pay a fine imposed by the
34 Department or a registrant, whose license has been placed
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1 on probationary status, has violated the terms of
2 probation;
3 (13) discipline by another state, territory,
4 foreign country, the District of Columbia, the United
5 States government, or any other governmental agency, if
6 at least one of the grounds for discipline is the same or
7 substantially equivalent to those set forth herein;
8 (14) failure to provide information in response to
9 a written request made by the Department within 30 days
10 after the receipt of such written request;
11 (15) physical illness, including, but not limited
12 to, deterioration through the aging process or loss of
13 motor skill which results in the inability to practice
14 the profession with reasonable judgment, skill or safety.
15 (a-5) In enforcing this Section, the Board upon a
16 showing of a possible violation may compel a person licensed
17 to practice under this Act, or who has applied for licensure
18 or certification pursuant to this Act, to submit to a mental
19 or physical examination, or both, as required by and at the
20 expense of the Department. The examining physicians shall be
21 those specifically designated by the Board. The Board or the
22 Department may order the examining physician to present
23 testimony concerning this mental or physical examination of
24 the licensee or applicant. No information shall be excluded
25 by reason of any common law or statutory privilege relating
26 to communications between the licensee or applicant and the
27 examining physician. The person to be examined may have, at
28 his or her own expense, another physician of his or her
29 choice present during all aspects of the examination.
30 Failure of any person to submit to a mental or physical
31 examination, when directed, shall be grounds for suspension
32 of a license until the person submits to the examination if
33 the Board finds, after notice and hearing, that the refusal
34 to submit to the examination was without reasonable cause.
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1 If the Board finds a person unable to practice because of
2 the reasons set forth in this Section, the Board may require
3 that person to submit to care, counseling, or treatment by
4 physicians approved or designated by the Board as a
5 condition, term, or restriction for continued, reinstated, or
6 renewed licensure to practice; or, in lieu of care,
7 counseling, or treatment, the Board may recommend to the
8 Department to file a complaint to immediately suspend, revoke
9 or otherwise discipline the license of the person. Any
10 person whose license was granted, continued, reinstated,
11 renewed, disciplined, or supervised subject to such terms,
12 conditions, or restrictions and who fails to comply with such
13 terms, conditions, or restrictions shall be referred to the
14 Director for a determination as to whether the person shall
15 have his or her license suspended immediately, pending a
16 hearing by the Board.
17 (b) The determination by a circuit court that a licensee
18 is subject to involuntary admission or judicial admission, as
19 provided in the Mental Health and Developmental Disabilities
20 Code, operates as an automatic suspension. Such suspension
21 will end only upon a finding by a court that the patient is
22 no longer subject to involuntary admission or judicial
23 admission, the issuance of an order so finding and
24 discharging the patient, and the recommendation of the Board
25 to the Director that the licensee be allowed to resume
26 practice.
27 The Department may refuse to issue or may suspend the
28 license of any person who fails to file a return, or to pay
29 the tax, penalty or interest shown in a filed return, or to
30 pay any final assessment of tax, penalty or interest, as
31 required by any tax Act administered by the Illinois
32 Department of Revenue, until such time as the requirements of
33 any such tax Act are satisfied.
34 Persons who assist the Department as consultants or
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1 expert witnesses in the investigation or prosecution of
2 alleged violations of the Act, licensure matters, restoration
3 proceedings, or criminal prosecutions, shall not be liable
4 for damages in any civil action or proceeding as a result of
5 such assistance, except upon proof of actual malice. The
6 attorney general shall defend such persons in any such action
7 or proceeding.
8 (Source: P.A. 88-428.)
9 (225 ILCS 305/38) (from Ch. 111, par. 1338)
10 Sec. 38. Fund; appropriations; investments; audits.
11 Moneys deposited in the Design Professionals Administration
12 and Investigation Fund shall be appropriated to the
13 Department exclusively for expenses of the Department and the
14 Board in the administration of this Act, the Illinois
15 Professional Land Surveyor Act of 1989, the Professional
16 Engineering Practice Act of 1989, and the Structural
17 Engineering Licensing Act of 1989. The expenses of the
18 Department under this Act shall be limited to the ordinary
19 and contingent expenses of the Design Professionals Dedicated
20 Employees within the Department as established under Section
21 62.1 of the Civil Administrative Code of Illinois and other
22 expenses related to the administration and enforcement of
23 this Act.
24 Moneys from the Fund may also be used for direct and
25 allocable indirect costs related to the public purposes of
26 the Department of Professional Regulation. Moneys in the
27 Fund may be transferred to the Professions Indirect Cost Fund
28 as authorized by Section 61e of the Civil Administrative Code
29 of Illinois.
30 All fines and penalties under Sections 22 and 36 shall be
31 deposited in the Design Professionals Professional
32 Administration and Investigation Fund.
33 Moneys in the Design Professionals Professional
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1 Administration and Investigation Fund may be invested and
2 reinvested, with all earnings received from the investments
3 to be deposited in the Design Professionals Administration
4 and Investigation Fund and used for the same purposes as fees
5 deposited in the Fund.
6 Upon the completion of any audit of the Department as
7 prescribed by the Illinois State Auditing Act that includes
8 an audit of the Design Professionals Administration and
9 Investigation Fund, the Department shall make the audit open
10 to inspection by any interested person. The copy of the
11 audit report required to be submitted to the Department by
12 this Section is an addition to copies of audit reports
13 required to be submitted to other State officers and agencies
14 by Section 3-14 of the Illinois State Auditing Act.
15 (Source: P.A. 89-204, eff. 1-1-96.)
16 Section 99. Effective date. This Act takes effect on
17 January 1, 2000, except that Section 5 takes effect upon
18 becoming law.
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