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91_SB0123sam001
LRB9102228ACcdam02
1 AMENDMENT TO SENATE BILL 123
2 AMENDMENT NO. . Amend Senate Bill 123 by replacing
3 the title with the following:
4 "AN ACT concerning the regulation of the practice of
5 architecture."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Regulatory Sunset Act is amended by
9 changing Section 4.10 and adding Section 4.20 as follows:
10 (5 ILCS 80/4.10) (from Ch. 127, par. 1904.10)
11 Sec. 4.10. The following Acts are repealed December 31,
12 1999:
13 The Fire Equipment Distributor and Employee Regulation
14 Act.
15 The Professional Engineering Practice Act of 1989.
16 The Structural Engineering Licensing Act of 1989.
17 The Illinois Architecture Practice Act of 1989.
18 The Illinois Landscape Architecture Act of 1989.
19 The Illinois Professional Land Surveyor Act of 1989.
20 The Land Sales Registration Act of 1989.
21 The Real Estate License Act of 1983.
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1 (Source: P.A. 86-667; 86-702; 86-711; 86-925; 86-932; 86-987;
2 86-1007; 86-1028.)
3 (5 ILCS 80/4.20 new)
4 Sec. 4.20. Act repealed on January 1, 2010. The
5 following Act is repealed on January 1, 2010:
6 The Illinois Architecture Practice Act of 1989.
7 Section 10. The Illinois Architecture Practice Act of
8 1989 is amended by changing Sections 3, 8, 9, 10, 11, 12,
9 13, 14, 19, 21, 22, and 38 and adding Section 16.5 as
10 follows:
11 (225 ILCS 305/3) (from Ch. 111, par. 1303)
12 Sec. 3. Application of Act. Nothing in this Act shall
13 be deemed or construed to prevent the practice of structural
14 engineering as defined in the Structural Engineering
15 Licensing Act of 1989, the practice of professional
16 engineering as defined in the Professional Engineering
17 Practice Act of 1989, or the preparation of documents used to
18 prescribe work to be done inside buildings for
19 non-loadbearing interior construction, furnishings, fixtures
20 and equipment, or the offering or preparation of
21 environmental analysis, feasibility studies, programming or
22 construction management services by persons other than those
23 licensed in accordance with this Act, the Structural
24 Engineering Licensing Act of 1989 or the Professional
25 Engineering Practice Act of 1989.
26 Nothing contained in this Act shall prevent the
27 draftsmen, students, project representatives and other
28 employees of those lawfully practicing as licensed architects
29 under the provisions of this Act, from acting under the
30 direct supervision and control of their employers, or to
31 prevent the employment of project representatives for
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1 enlargement or alteration of buildings or any parts thereof,
2 or prevent such project representatives from acting under the
3 direct supervision and control of the licensed architect by
4 whom the construction documents including drawings and
5 specifications of any such building, enlargement or
6 alteration were prepared.
7 Nothing in this Act or any other Act shall prevent a
8 registered architect from practicing interior design
9 services. Nothing in this Act shall be construed as
10 requiring the services of an interior designer for the
11 interior designing of a single family residence.
12 This Act does not apply to any of the following:
13 (A) The building, remodeling or repairing of any
14 building or other structure outside of the corporate
15 limits of any city or village, where such building or
16 structure is to be, or is used for residential or farm
17 purposes, or for the purposes of outbuildings or
18 auxiliary buildings in connection with such residential
19 or farm premises.
20 (B) The construction, remodeling or repairing of a
21 detached single family residence on a single lot.
22 (C) The construction, remodeling or repairing of a
23 two-family residence of wood frame construction on a
24 single lot, not more than two stories and basement in
25 height.
26 (D) Interior design services for buildings which do
27 not involve life safety or structural changes.
28 However, all buildings not included in the preceding
29 paragraphs (A) through (D), including multi-family buildings
30 and buildings previously exempt under those paragraphs but
31 subsequently non-exempt due to a change in occupancy or use,
32 are subject to the requirements of this Act. Interior
33 alterations which result in life safety or structural changes
34 of the building are subject to the requirements of this Act.
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1 (Source: P.A. 87-435; 88-650, eff. 9-16-94.)
2 (225 ILCS 305/8) (from Ch. 111, par. 1308)
3 Sec. 8. Powers and duties of the Department. Subject to
4 the provisions of this Act, the Department shall exercise the
5 following functions, powers and duties:
6 (a) Conduct examinations to ascertain the qualifications
7 and fitness of applicants for licensure as licensed
8 architects, and pass upon the qualifications and fitness of
9 applicants for licensure by endorsement;
10 (b) Prescribe rules for a method of examination of
11 candidates;
12 (c) Prescribe rules defining what constitutes a school,
13 college or university, or department of a university, or
14 other institution, reputable and in good standing, to
15 determine whether or not a school, college or university, or
16 department of a university, or other institution is reputable
17 and in good standing by reference to a compliance with such
18 rules, and to terminate the approval of such school, college
19 or university or department of a university or other
20 institution that refuses admittance to applicants solely on
21 the basis of race, color, creed, sex or national origin. The
22 Department may adopt, as its own rules relating to education
23 requirements, those guidelines published from time to time by
24 the National Architectural Accrediting Board;
25 (d) Prescribe rules for diversified professional
26 training;
27 (e) Conduct oral interviews, disciplinary conferences
28 and formal evidentiary hearings on proceedings to impose
29 fines or to suspend, revoke, place on probationary status,
30 reprimand, and refuse to issue or restore any license issued
31 under the provisions of this Act for the reasons set forth in
32 Section 22 of this Act;
33 (f) Issue licenses to those who meet the requirements of
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1 this Act; and
2 (g) Formulate and publish rules necessary or appropriate
3 to carrying out the provisions of this Act.
4 (h) To maintain membership in the National Council of
5 Architectural Registration Boards and participate in
6 activities of the Council by designation of individuals for
7 the various classifications of membership and the appointment
8 of delegates for attendance at regional and national meetings
9 of the Council. All costs associated with membership and
10 attendance of such delegates to any national meetings may be
11 funded from the Design Professionals Administration and
12 Investigation Fund.
13 Prior to issuance of any final decision or order that
14 deviates from any report or recommendation of the Board
15 relating to the qualification of applicants, discipline of
16 licensees or registrants, or promulgation of rules, the
17 Director shall notify the Board in writing with an
18 explanation of any such deviation and provide a reasonable
19 time for the Board to submit writing comments to the Director
20 regarding the proposed action. In the event that the Board
21 fails or declines to submit such written comments within 30
22 days of said notification, the Director may issue a final
23 decision or orders consistent with the Director's original
24 decision. The Department may at any time seek the expert
25 advice and knowledge of the Board on any matter relating to
26 the enforcement of this Act.
27 (Source: P.A. 86-702.)
28 (225 ILCS 305/9) (from Ch. 111, par. 1309)
29 Sec. 9. Creation of the Board. The Director shall
30 appoint an Architecture Architect Licensing Board which will
31 consist of 6 members. Five members shall be licensed
32 architects, one of whom shall be a tenured member of the
33 architectural faculty of the University of Illinois. The
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1 other 4 shall be licensed architects, residing in this State,
2 who have been engaged in the practice of architecture at
3 least 10 years. In addition to the 5 licensed architects,
4 there shall be one public member. The public member shall be
5 a voting member and shall not hold a license as an architect,
6 professional engineer, structural engineer or land surveyor.
7 Board members shall serve 5 year terms and until their
8 successors are appointed and qualified. For the initial
9 appointments made under this Act, however, 2 members shall be
10 appointed to serve for a period of one year, 2 members shall
11 be appointed to serve for a period of 3 years, and one member
12 shall be appointed for a period of 5 years. The public member
13 shall be appointed to an initial term of 5 years. In making
14 the designation of persons to the Board, the Director shall
15 give due consideration to recommendations by members and
16 organizations of the profession.
17 The membership of the Board should reasonably reflect
18 representation from the geographic areas in this State.
19 No member shall be reappointed to the Board for a term
20 which would cause his or her continuous service on the Board
21 to be longer than 10 successive years. Service prior to the
22 effective date of this Act shall not be considered.
23 Appointments to fill vacancies shall be made in the same
24 manner as original appointments, for the unexpired portion of
25 the vacated term. Initial terms shall begin upon the
26 effective date of this Act and Board members in office on
27 that date under the predecessor Act may be appointed to
28 specific terms as indicated in this Section.
29 Persons holding office as members of the Board under the
30 Illinois Architecture Act immediately prior to the effective
31 date of this Act shall continue as members of the Board under
32 this Act until the expiration of the term for which they were
33 appointed and until their successors are appointed and
34 qualified.
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1 A quorum of the Board shall consist of a majority of
2 Board members currently appointed. A majority vote of the
3 quorum is required for Board decisions. Four members shall
4 constitute a quorum of Board members. The Chairman shall
5 only vote on all matters to come before the Board in the case
6 of a tie vote.
7 The Director may remove any member of the Board for
8 misconduct, incompetence, neglect of duty, or for reasons
9 prescribed by law for removal of State officials.
10 The Director may remove a member of the Board who does
11 not attend 2 consecutive meetings.
12 The Director may terminate the appointment of any member
13 for cause which in the opinion of the Director reasonably
14 justifies such termination.
15 Notice of proposed rulemaking shall be transmitted to the
16 Board and the Department shall review the response of the
17 Board and any recommendations made therein. The Department
18 may, at any time, seek the expert advice and knowledge of the
19 Board on any matter relating to the administration or
20 enforcement of this Act.
21 Members of the Board are immune from suit in any action
22 based upon any disciplinary proceedings or other activities
23 performed in good faith as members of the Board.
24 (Source: P.A. 86-702; 87-593.)
25 (225 ILCS 305/10) (from Ch. 111, par. 1310)
26 Sec. 10. Powers and duties of the Board.
27 (a) The Board shall hold at least 3 regular meetings each
28 year.;
29 (b) The Board shall annually elect a Chairperson and a
30 Vice Chairperson Chairman who shall be a licensed architects.
31 architect;
32 (c) The Board, upon request by the Department, may make
33 a curriculum evaluation to determine if courses conform to
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1 the requirements of approved architectural programs.;
2 (d) The Board shall assist the Department in conducting
3 oral interviews, disciplinary conferences and formal
4 evidentiary hearings.;
5 (e) The Department may, at any time, seek the expert
6 advice and knowledge of the Board on any matter relating to
7 the enforcement of this Act.;
8 (f) The Board may appoint a subcommittee to serve as a
9 Complaint Committee to recommend the disposition of case
10 files according to procedures established by rule.;
11 (g) The Board shall review applicant qualifications to
12 sit for the examination or for licensure and shall make
13 recommendations to the Department. The Department shall
14 review the Board's recommendations on applicant
15 qualifications. The Director shall notify the Board in
16 writing with an explanation of any deviation from the Board's
17 recommendation on applicant qualifications. After review of
18 the Director's written explanation of his or her reasons for
19 deviation, the Board shall have the opportunity to comment
20 upon the Director's decision.
21 (h) The Board shall submit written comments to the
22 Director within 30 days from notification of any final
23 decision or order from the Director that deviates from any
24 report or recommendation of the Board relating to the
25 qualifications of applicants, discipline of licensees or
26 registrants, or promulgation of rules.
27 (Source: P.A. 88-428.)
28 (225 ILCS 305/11) (from Ch. 111, par. 1311)
29 Sec. 11. Application for original license. Applications
30 for original licensure shall be made to the Department in
31 writing on forms prescribed by the Department and shall be
32 accompanied by the required fee, which is not refundable.
33 Any such application shall require information as in the
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1 judgment of the Department will enable the Department to pass
2 on the qualifications of the applicant to practice
3 architecture. The Department may require an applicant, at the
4 applicant's expense, to have an evaluation of the applicant's
5 education in a foreign country by a nationally recognized
6 educational body approved by the Board in accordance with
7 rules prescribed by the Department.
8 An applicant who has graduated from an architectural
9 program outside the United States or its territories and
10 whose first language is not English shall submit
11 certification of passage of the Test of English as a Foreign
12 Language (TOEFL) and the Test of Spoken English (TSE) as
13 defined by rule before taking the licensure examination.
14 (Source: P.A. 89-594, eff. 8-1-96.)
15 (225 ILCS 305/12) (from Ch. 111, par. 1312)
16 Sec. 12. Examinations; subjects; failure or refusal to
17 take examination. The Department shall authorize examination
18 of applicants as architects at such times and places as it
19 may determine. The examination shall be in English and shall
20 be written or written and graphic. It shall include at a
21 minimum the following subjects:
22 "(a) pre-design (environmental analysis,
23 architectural programming, and application of principles
24 of project management and coordination), environmental
25 analysis and programming;
26 (b) site planning (site analysis, design and
27 development, parking, and application of zoning
28 requirements) design;
29 (c) building planning (conceptual planning of
30 functional and space relationships, building design,
31 interior space layout, barrier-free design, and the
32 application of the life safety code requirements and
33 principles of energy efficient design) design;
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1 (d) building technology (application of structural
2 systems, building components, and mechanical and
3 electrical systems) structural technology (general, long
4 span, and lateral);
5 (e) general structures (identification, resolution,
6 and incorporation of structural systems and the long span
7 design on the technical aspects of the design of
8 buildings and the process and construction) life safety
9 codes and technology, and energy efficient design;
10 (f) lateral forces (identification and resolution
11 of the effects of lateral forces on the technical aspects
12 of the design of buildings and the process of
13 construction) barrier free design;
14 (g) mechanical, plumbing, and electrical systems
15 (as applied to the design of buildings, including
16 plumbing and acoustical systems) (principles of
17 sanitation and ventilation as applied to buildings);
18 (h) materials and methods (as related to the design
19 of buildings and the technical aspects of construction);
20 and
21 (i) construction documents and services (conduct of
22 architectural practice as it relates to construction
23 documents, bidding, and construction administration and
24 contractual documents from beginning to end of a building
25 project)., technical submissions, and professional
26 practice, including the contractual duties of an
27 architect; and
28 It shall be the responsibility of the applicant to
29 be familiar with this Act and its rules.
30 Examination subject matter headings and bases on which
31 examinations are graded shall be indicated in rules
32 pertaining to this Act. The Department may adopt the
33 examinations and grading procedures of the National Council
34 of Architectural Registration Boards. Content of any
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1 particular examination shall not be considered public record
2 under the Freedom of Information Act.
3 If an applicant neglects without an approved excuse or
4 refuses to take the next available examination offered for
5 licensure under this Act, the fee paid by the applicant shall
6 be forfeited. If an applicant fails to pass an examination
7 for licensure under this Act within 3 6 years after filing an
8 application, the application shall be denied. The applicant
9 may, however, make a new application for examination
10 accompanied by the required fee and must furnish proof of
11 meeting the qualifications for examination in effect at the
12 time of the new application.
13 The Department may by rule prescribe additional subjects
14 for examination.
15 An applicant has one year from the date of notification
16 of successful completion of all the examination requirements
17 to apply to the Department for a license. If an applicant
18 fails to apply within one year, the applicant shall be
19 required to again take and pass the examination.
20 (Source: P.A. 86-702; 87-593.)
21 (225 ILCS 305/13) (from Ch. 111, par. 1313)
22 Sec. 13. Qualifications of applicants. Any person who
23 is of good moral character may take an examination for
24 licensure if he or she is a graduate with a first
25 professional degree in architecture from a program accredited
26 by the National Architectural Accrediting Board and has
27 completed such diversified professional training, including
28 academic training, as is required by rules of the Department.
29 In lieu of the requirement of graduation with a first
30 professional degree in architecture from a program accredited
31 by the National Architectural Accrediting Board, the
32 Department may admit an applicant who is a graduate with a
33 pre-professional 4 year baccalaureate degree accepted for
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1 direct entry into a first professional master of architecture
2 degree program, and who has completed such additional
3 diversified professional training, including academic
4 training, as is required by rules of the Department. The
5 Department may adopt, as its own rules relating to
6 diversified professional training, those guidelines published
7 from time to time by the National Council of Architectural
8 Registration Boards.
9 Good moral character means such character as will enable
10 a person to discharge the fiduciary duties of an architect to
11 that person's client and to the public in a manner which
12 protects health, safety and welfare. Evidence of inability
13 to discharge such duties may include the commission of an
14 offense justifying discipline under Section 19. In addition,
15 the Department may take into consideration whether the
16 applicant has engaged in conduct or actions that would
17 constitute grounds for discipline under this Act any felony
18 conviction of the applicant, but such a conviction shall not
19 operate as an absolute bar to qualification for examination
20 for licensure.
21 (Source: P.A. 89-387, eff. 8-20-95.)
22 (225 ILCS 305/14) (from Ch. 111, par. 1314)
23 Sec. 14. Display of license; Seal. Every holder of a
24 license as a licensed architect shall display it in a
25 conspicuous place in the principal office of the architect.
26 Every licensed architect shall have a reproducible seal,
27 or facsimile, the print of which shall contain the name of
28 the architect, the license number, and the words "Licensed
29 Architect, State of Illinois". The licensed architect shall
30 affix the signature, current date, date of license expiration
31 and seal to the first sheet of any bound set or loose sheets
32 of construction documents utilized as contract documents or
33 prepared for the review and approval of any governmental or
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1 public authority having jurisdiction by that licensed
2 architect or under that licensed architect's direct
3 supervision and control. The sheet of construction documents
4 in which the seal is affixed shall indicate those documents
5 or parts thereof for which the seal shall apply. The seal and
6 dates may be electronically affixed. The signature must be
7 in the original handwriting of the licensee. Signatures
8 generated by computer shall not be permitted. All
9 construction documents issued by any corporation,
10 partnership, professional service corporation, or
11 professional design firm as registered under this Act shall
12 contain the corporate or assumed business name and design
13 firm registration number, in addition to any other seal
14 requirements as set forth in this Section.
15 "Direct supervision and control" means that the architect
16 has exerted sufficient personal supervision, control, and
17 review of the activities of those employed to perform
18 architectural work to ensure that the construction documents
19 produced by those so employed and sealed by the architect
20 meet the standards of reasonable professional skill and
21 diligence and are of no lesser quality than if they had been
22 produced personally by the architect. The architect is
23 obligated to have detailed professional knowledge of the
24 construction documents the architect seals and to have
25 exercised professional judgement in all architectural matters
26 embodied in those construction documents. Merely reviewing
27 the construction documents produced by others, even if they
28 are licensed, does not constitute "direct supervision and
29 control" by the architect unless the architect has actually
30 exercised the supervision and control over the preparation of
31 the construction documents provided for in this Section.
32 (Source: P.A. 86-702; 86-1028.)
33 (225 ILCS 305/16.5 new)
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1 Sec. 16.5. Continuing education. The Department may
2 promulgate rules of continuing education for persons licensed
3 under this Act. The Department shall consider the
4 recommendations of the Board in establishing the guidelines
5 for the continuing education requirements. The requirements
6 of this Section apply to any person seeking renewal or
7 restoration under Section 16 or 17 of this Act.
8 (225 ILCS 305/19) (from Ch. 111, par. 1319)
9 Sec. 19. Fees.
10 (a) The Department shall provide by rule for a schedule
11 of fees to be paid for licenses by all applicants. All fees
12 are not refundable.
13 (b) The fees for the administration and enforcement of
14 this Act, including but not limited to original licensure,
15 renewal, and restoration, shall be set by rule by the
16 Department. The following fees are not refundable.
17 (a) Licensure fees.
18 (1) The fee for application for a license is $100.
19 (2) In addition, applicants for any examination are
20 required to pay, either to the Department or to the
21 designated testing service, a fee covering the cost of
22 determining the applicant's eligibility and providing the
23 examination. Failure to appear for the examination on
24 the scheduled date, at the time and place specified,
25 after the applicant's application for examination has
26 been received and acknowledged by the Department or the
27 designated testing service, shall result in the
28 forfeiture of the examination fee.
29 (3) The fee for a license for an architect
30 registered or licensed under the laws of another state or
31 territory of the United States or province is $100.
32 (4) The fee for the renewal of a license shall be
33 $60.
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1 (5) The fee for the restoration of a license other
2 than from inactive status is $10 plus payment of all
3 lapsed renewal fees.
4 (6) The fee for application for a license as an
5 architecture corporation or partnership is $75.
6 (7) The fee for renewal of a license or certificate
7 of registration as a professional design firm is $75.
8 (b) General fees.
9 (1) The fee for the issuance of a duplicate
10 license, for the issuance of a replacement license for a
11 license which has been lost or destroyed or for the
12 issuance of a license with a change of name or address
13 other than during the renewal period is $20. No fee is
14 required for name and address changes on Department
15 records when no duplicate license is issued.
16 (2) The fee for a certification of a licensee's
17 record for any purpose is $20.
18 (3) The fee for rescoring an examination is the
19 cost to the Department of rescoring the examination, plus
20 any fees charged by the applicable testing service to
21 have the examination rescored.
22 (4) The fee for a wall certificate showing
23 licensure is the actual cost of producing such
24 certificate.
25 (5) The fee for a roster of licensed architects in
26 this State is the actual cost of producing such a roster.
27 Professional Administration and Investigation Fund. Of the
31 moneys deposited into the Design Professionals Administration
32 and Investigation Fund, the Department may use such funds as
33 necessary and available to produce and distribute newsletters
34 to persons licensed under this Act.
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1 Any person who delivers a check or other payment to the
2 Department that is returned to the Department unpaid by the
3 financial institution upon which it is drawn shall pay to the
4 Department, in addition to the amount already owed to the
5 Department, a fine of $50. If the check or other payment was
6 for a renewal or issuance fee and that person practices
7 without paying the renewal fee or issuance fee and the fine
8 due, an additional fine of $100 shall be imposed. The fines
9 imposed by this Section are in addition to any other
10 discipline provided under this Act for unlicensed practice or
11 practice on a nonrenewed license. The Department shall notify
12 the person that payment of fees and fines shall be paid to
13 the Department by certified check or money order within 30
14 calendar days of the notification. If, after the expiration
15 of 30 days from the date of the notification, the person has
16 failed to submit the necessary remittance, the Department
17 shall automatically terminate the license or certificate or
18 deny the application, without hearing. If, after termination
19 or denial, the person seeks a license or certificate, he or
20 she shall apply to the Department for restoration or issuance
21 of the license or certificate and pay all fees and fines due
22 to the Department. The Department may establish a fee for the
23 processing of an application for restoration of a license or
24 certificate to pay all expenses of processing this
25 application. The Director may waive the fines due under this
26 Section in individual cases where the Director finds that the
27 fines would be unreasonable or unnecessarily burdensome.
28 (Source: P.A. 87-1031; 88-91; 88-428; 88-670, eff. 12-2-94.)
29 (225 ILCS 305/21) (from Ch. 111, par. 1321)
30 Sec. 21. Professional design firm registration;
31 conditions.
32 (a) Nothing in this Act shall prohibit the formation,
33 under the provisions of the Professional Service Corporation
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1 Act, of a corporation to offer the practice of architecture.
2 Any business, including a not formed under the provisions
3 of the Professional Service Corporation, that Act and not
4 registered as such with the Department, and which includes
5 the practice of architecture within its stated purposes,
6 practices architecture, or holds itself out as available to
7 practice architecture, shall register with the Department
8 under this Section. Any professional service corporation,
9 sole proprietorship, or professional design firm offering
10 architectural services must have a resident architect
11 overseeing the architectural practices in each location in
12 which architectural services are provided.
13 Any sole proprietorship not owned and operated by an
14 Illinois licensed design professional licensed under this Act
15 shall be prohibited from offering architectural services to
16 the public. "Illinois licensed design professional" means a
17 person who holds an active license as an architect under this
18 Act, as a structural engineer under the Structural
19 Engineering Practice Licensing Act of 1989, or as a
20 professional engineer under the Professional Engineering
21 Practice Act of 1989. Any sole proprietorship owned and
22 operated by an architect with an active license issued under
23 this Act and conducting or transacting such business under an
24 assumed name in accordance with the provisions of the Assumed
25 Business Name Act shall comply with the registration
26 requirements of a professional design firm. Any sole
27 proprietorship owned and operated by an architect with an
28 active license issued under this Act and conducting or
29 transacting such business under the real name of the sole
30 proprietor is exempt from the registration requirements of a
31 professional design firm.
32 (b) Any corporation, including a Professional Service
33 Corporation, partnership, limited liability company, or
34 professional design firm seeking to be registered under this
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1 Section shall not be registered unless:
2 (1) two-thirds of the board of directors, in the
3 case of a corporation, or two-thirds of the general
4 partners, in the case of a partnership, or two-thirds of
5 the members, in the case of a limited liability company,
6 are licensed under the laws of any State to practice
7 architecture, professional engineering, land surveying,
8 or structural engineering; and
9 (2) the person having the architectural practice in
10 this State in his charge is (A) a director in the case of
11 a corporation, a general partner in the case of a
12 partnership, or a member in the case of a limited
13 liability company, and (B) holds a license under this
14 Act.
15 Any corporation, limited liability company, professional
16 service corporation, or partnership qualifying under this
17 Section and practicing in this State shall file with the
18 Department any information concerning its officers,
19 directors, members, managers, partners or beneficial owners
20 as the Department may, by rule, require.
21 (c) No business shall offer the practice or hold itself
22 out as available to offer the practice of architecture until
23 it is registered with the Department.
24 (d) Any business seeking to be registered under this
25 Section shall make application on a form provided by the
26 Department and shall provide any information requested by the
27 Department, which shall include but shall not be limited to
28 all of the following:
29 (1) The name and architect's license number of at
30 least one person designated as the managing agent in
31 responsible charge of the practice of architecture in
32 Illinois. In the case of a corporation, the corporation
33 shall also submit a certified copy of the resolution by
34 the board of directors designating at least one managing
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1 agent. If a limited liability company, the company shall
2 submit a certified copy of either its articles of
3 organization or operating agreement designating the
4 managing agent.
5 (2) The names and architect's, professional
6 engineer's, or structural engineer's, or land surveyor's
7 license numbers of the directors, in the case of a
8 corporation, the members, in the case of a limited
9 liability company, or general partners, in the case of a
10 partnership.
11 (3) A list of all locations at which the
12 professional design firm provides architectural services.
13 (4) A list of all assumed names of the business.
14 Nothing in this Section shall be construed to exempt a
15 business from compliance with the requirements of the
16 Assumed Business Name Act.
17 It is the responsibility of the professional design firm
18 to provide the Department notice, in writing, of any changes
19 in the information requested on the application.
20 (e) In the event a managing agent is terminated or
21 terminates his or her status as managing agent of the
22 professional design firm, the managing agent and professional
23 design firm shall notify the Department of this fact in
24 writing, by certified mail, within 10 business days of
25 termination.
26 Thereafter, the professional design firm, if it has so
27 informed the Department, has 30 days in which to notify the
28 Department of the name and architect's license number of the
29 architect who is the newly designated managing agent. If a
30 corporation, the corporation shall also submit a certified
31 copy of a resolution by the board of directors designating
32 the new managing agent. If a limited liability company, the
33 company shall also submit a certified copy of either its
34 articles of organization or operating agreement designating
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1 the new managing agent. The Department may, upon good cause
2 shown, extend the original 30 day period.
3 If the professional design firm has not notified the
4 Department in writing, by certified mail within the specified
5 time, the registration shall be terminated without prior
6 hearing. Notification of termination shall be sent by
7 certified mail to the last known address of the business. If
8 the professional design firm continues to operate and offer
9 architectural services after the termination, the Department
10 may seek prosecution under Sections 22, 36, and 36a of this
11 Act for the unlicensed practice of architecture.
12 (f) No professional design firm shall be relieved of
13 responsibility for the conduct or acts of its agents,
14 employees, or officers by reason of its compliance with this
15 Section, nor shall any individual practicing architecture be
16 relieved of the responsibility for professional services
17 performed by reason of the individual's employment or
18 relationship with a professional design firm registered under
19 this Section.
20 (g) Disciplinary action against a professional design
21 firm registered under this Section shall be administered in
22 the same manner and on the same grounds as disciplinary
23 action against a licensed architect. All disciplinary action
24 taken or pending against a corporation or partnership before
25 the effective date of this amendatory Act of 1993 shall be
26 continued or remain in effect without the Department filing
27 separate actions.
28 (Source: P.A. 88-428; 89-594, eff. 8-1-96.)
29 (225 ILCS 305/22) (from Ch. 111, par. 1322)
30 Sec. 22. Refusal, suspension and revocation of licenses;
31 Causes.
32 (a) The Department may, singularly or in combination,
33 refuse to issue, renew or restore, or may suspend or revoke
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1 any license or registration, or may place on probation,
2 reprimand, or fine, with a civil penalty not to exceed
3 $10,000 for each violation, any person, corporation, or
4 partnership, or professional design firm licensed or
5 registered under this Act for any of the following reasons:
6 (1) material misstatement in furnishing information
7 to the Department;
8 (2) negligence, incompetence or misconduct in the
9 practice of architecture;
10 (3) failure to comply with any of the provisions of
11 this Act or any of the rules;
12 (4) making any misrepresentation for the purpose of
13 obtaining licensure;
14 (5) purposefully making false statements or signing
15 false statements, certificates or affidavits to induce
16 payment;
17 (6) conviction of any crime under the laws of the
18 United States, or any state or territory thereof, which
19 is a felony, whether related to the practice of
20 architecture or not; or conviction of any crime, whether
21 a felony, misdemeanor, or otherwise, an essential element
22 of which is dishonesty, wanton disregard for the rights
23 of others, or which is directly related to the practice
24 of architecture;
25 (7) aiding or assisting another person in violating
26 any provision of this Act or its rules;
27 (8) signing, affixing the licensed architect's seal
28 or permitting the architect's seal to be affixed to any
29 construction documents not prepared by the architect or
30 under that architect's direct supervision and control;
31 (9) engaging in dishonorable, unethical or
32 unprofessional conduct of a character likely to deceive,
33 defraud or harm the public;
34 (10) habitual intoxication or addiction to the use
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1 of drugs;
2 (11) making a statement of compliance pursuant to
3 the Environmental Barriers Act that construction
4 documents prepared by the Licensed Architect or prepared
5 under the licensed architect's direct supervision and
6 control for construction or alteration of an occupancy
7 required to be in compliance with the Environmental
8 Barriers Act are in compliance with the Environmental
9 Barriers Act when such construction documents are not in
10 compliance;
11 (12) a finding by the Board that an applicant or a
12 registrant has failed to pay a fine imposed by the
13 Department or a registrant, whose license has been placed
14 on probationary status, has violated the terms of
15 probation;
16 (13) discipline by another state, territory,
17 foreign country, the District of Columbia, the United
18 States government, or any other governmental agency, if
19 at least one of the grounds for discipline is the same or
20 substantially equivalent to those set forth herein;
21 (14) failure to provide information in response to
22 a written request made by the Department within 30 days
23 after the receipt of such written request;
24 (15) physical illness, including, but not limited
25 to, deterioration through the aging process or loss of
26 motor skill which results in the inability to practice
27 the profession with reasonable judgment, skill or safety.
28 (a-5) In enforcing this Section, the Board upon a
29 showing of a possible violation may compel a person licensed
30 to practice under this Act, or who has applied for licensure
31 or certification pursuant to this Act, to submit to a mental
32 or physical examination, or both, as required by and at the
33 expense of the Department. The examining physicians shall be
34 those specifically designated by the Board. The Board or the
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1 Department may order the examining physician to present
2 testimony concerning this mental or physical examination of
3 the licensee or applicant. No information shall be excluded
4 by reason of any common law or statutory privilege relating
5 to communications between the licensee or applicant and the
6 examining physician. The person to be examined may have, at
7 his or her own expense, another physician of his or her
8 choice present during all aspects of the examination.
9 Failure of any person to submit to a mental or physical
10 examination, when directed, shall be grounds for suspension
11 of a license until the person submits to the examination if
12 the Board finds, after notice and hearing, that the refusal
13 to submit to the examination was without reasonable cause.
14 If the Board finds a person unable to practice because of
15 the reasons set forth in this Section, the Board may require
16 that person to submit to care, counseling, or treatment by
17 physicians approved or designated by the Board as a
18 condition, term, or restriction for continued, reinstated, or
19 renewed licensure to practice; or, in lieu of care,
20 counseling, or treatment, the Board may recommend to the
21 Department to file a complaint to immediately suspend, revoke
22 or otherwise discipline the license of the person. Any
23 person whose license was granted, continued, reinstated,
24 renewed, disciplined, or supervised subject to such terms,
25 conditions, or restrictions and who fails to comply with such
26 terms, conditions, or restrictions shall be referred to the
27 Director for a determination as to whether the person shall
28 have his or her license suspended immediately, pending a
29 hearing by the Board.
30 (b) The determination by a circuit court that a licensee
31 is subject to involuntary admission or judicial admission, as
32 provided in the Mental Health and Developmental Disabilities
33 Code, operates as an automatic suspension. Such suspension
34 will end only upon a finding by a court that the patient is
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1 no longer subject to involuntary admission or judicial
2 admission, the issuance of an order so finding and
3 discharging the patient, and the recommendation of the Board
4 to the Director that the licensee be allowed to resume
5 practice.
6 The Department may refuse to issue or may suspend the
7 license of any person who fails to file a return, or to pay
8 the tax, penalty or interest shown in a filed return, or to
9 pay any final assessment of tax, penalty or interest, as
10 required by any tax Act administered by the Illinois
11 Department of Revenue, until such time as the requirements of
12 any such tax Act are satisfied.
13 Persons who assist the Department as consultants or
14 expert witnesses in the investigation or prosecution of
15 alleged violations of the Act, licensure matters, restoration
16 proceedings, or criminal prosecutions, shall not be liable
17 for damages in any civil action or proceeding as a result of
18 such assistance, except upon proof of actual malice. The
19 attorney general shall defend such persons in any such action
20 or proceeding.
21 (Source: P.A. 88-428.)
22 (225 ILCS 305/38) (from Ch. 111, par. 1338)
23 Sec. 38. Fund; appropriations; investments; audits.
24 Moneys deposited in the Design Professionals Administration
25 and Investigation Fund shall be appropriated to the
26 Department exclusively for expenses of the Department and the
27 Board in the administration of this Act, the Illinois
28 Professional Land Surveyor Act of 1989, the Professional
29 Engineering Practice Act of 1989, and the Structural
30 Engineering Licensing Act of 1989. The expenses of the
31 Department under this Act shall be limited to the ordinary
32 and contingent expenses of the Design Professionals Dedicated
33 Employees within the Department as established under Section
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1 62.1 of the Civil Administrative Code of Illinois and other
2 expenses related to the administration and enforcement of
3 this Act.
4 Moneys from the Fund may also be used for direct and
5 allocable indirect costs related to the public purposes of
6 the Department of Professional Regulation. Moneys in the
7 Fund may be transferred to the Professions Indirect Cost Fund
8 as authorized by Section 61e of the Civil Administrative Code
9 of Illinois.
10 All fines and penalties under Sections 22 and 36 shall be
11 deposited in the Design Professionals Professional
12 Administration and Investigation Fund.
13 Moneys in the Design Professionals Professional
14 Administration and Investigation Fund may be invested and
15 reinvested, with all earnings received from the investments
16 to be deposited in the Design Professionals Administration
17 and Investigation Fund and used for the same purposes as fees
18 deposited in the Fund.
19 Upon the completion of any audit of the Department as
20 prescribed by the Illinois State Auditing Act that includes
21 an audit of the Design Professionals Administration and
22 Investigation Fund, the Department shall make the audit open
23 to inspection by any interested person. The copy of the
24 audit report required to be submitted to the Department by
25 this Section is an addition to copies of audit reports
26 required to be submitted to other State officers and agencies
27 by Section 3-14 of the Illinois State Auditing Act.
28 (Source: P.A. 89-204, eff. 1-1-96.)
29 Section 99. Effective date. This Act takes effect on
30 January 1, 2000, except that Section 5 takes effect upon
31 becoming law.".
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