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91_SB0487eng
SB487 Engrossed LRB9100640ACtmA
1 AN ACT to amend the Illinois Roofing Industry Licensing
2 Act by changing Sections 2 and 3, by adding Sections 3.5,
3 4.5, and 5.5, and by repealing Section 4.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Illinois Roofing Industry Licensing Act
7 is amended by changing Sections 3, 9.2, 9.4, 9.5, 9.14, 10,
8 and 11.5 and adding Sections 3.5 and 5.5 as follows:
9 (225 ILCS 335/3) (from Ch. 111, par. 7503)
10 Sec. 3. (1) To obtain a certificate, an applicant shall
11 submit an application in writing to the Department on a form
12 containing the information prescribed by the Department and
13 accompanied by the fee fixed by the Department.
14 (2) An applicant for a certificate must submit
15 satisfactory evidence that:
16 (a) he or she has obtained public liability and
17 property damage insurance in such amounts and under such
18 circumstances as may be determined by the Department;
19 (b) he or she has obtained Workers' Compensation
20 insurance covering his employees or is approved as a
21 self-insurer of Workers' Compensation in accordance with
22 Illinois law;
23 (c) he or she has an Illinois Unemployment
24 Insurance employer identification number or has proof of
25 application to the Illinois Department of Labor for such
26 an identification number;
27 (d) (blank) he or she has submitted a bond to the
28 Department in the amount of $5,000.
29 (3) It is the responsibility of the licensee to provide
30 to the Department notice in writing of any changes in the
31 information required to be provided on the application.
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1 (Source: P.A. 89-387, eff. 1-1-96.)
2 (225 ILCS 335/3.5 new)
3 Sec. 3.5. Bond. Before issuing or renewing a license,
4 the Department shall require each applicant or licensee to
5 file and maintain in force a surety bond, issued by an
6 insurance company authorized to transact fidelity and surety
7 business in the State of Illinois. The bond shall be for the
8 benefit of the consumers who obtain a judgment from a court
9 of competent jurisdiction based on the failure of the roofing
10 contractor to fulfill the terms of the contract between the
11 consumer and the roofing contractor. The bond shall be in the
12 form prescribed by the Department. The bond shall be
13 continuous in form and run concurrently with the original and
14 each renewal license period, unless terminated by the
15 insurance company. An insurance company may terminate a bond
16 and avoid further liability by filing a 60-day notice of
17 termination with the Department and, at the same time,
18 sending the notice to the roofing contractor. A license
19 shall be suspended on the termination date of the roofing
20 contractor's bond, unless a new bond is filed with the
21 Department to become effective at the termination date of the
22 prior bond. If a license has been suspended under this
23 Section, the license shall be reinstated upon showing proof
24 of compliance with this Section.
25 (225 ILCS 335/5.5 new)
26 Sec. 5.5. Contracts. A roofing contractor, when signing a
27 contract, must provide a land-based phone number and a street
28 address other than a post office box at which he or she may
29 be contacted.
30 (225 ILCS 335/9.2) (from Ch. 111, par. 7509.2)
31 Sec. 9.2. Stenographer; record of proceedings. The
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1 Department, at its expense, shall provide a stenographer to
2 take down the testimony and preserve a record of all
3 proceedings initiated pursuant to this Act, the rules for the
4 administration of this Act, or any other Act or rules
5 relating to this Act and proceedings for restoration of any
6 license issued under this Act. The notice of hearing,
7 complaint, answer, and all other documents in the nature of
8 pleadings and written motions and responses filed in the
9 proceedings, the transcript of the testimony, all exhibits
10 admitted into evidence, the report of the hearing officer,
11 the Board's findings of fact, conclusions of law, and
12 recommendations to the Director, and the order shall be the
13 record of the proceeding. The Department shall furnish a
14 transcript of the record to any person interested in the
15 hearing upon payment of the fee required under Section 60f of
16 the Civil Administrative Code of Illinois. The Department, at
17 its expense, shall preserve a record of all proceedings at
18 the formal hearing of any case. The notice of hearing,
19 complaint and all other documents in the nature of pleadings
20 and written motions filed in the proceedings, the transcript
21 of testimony, the report of the hearing officer and order of
22 the Department shall be the record of such proceeding. The
23 Department shall furnish a transcript of the record to any
24 person interested in the hearing upon payment of the fee
25 required under Section 60f of the Civil Administrative Code
26 of Illinois.
27 (Source: P.A. 89-387, eff. 1-1-96.)
28 (225 ILCS 335/9.4) (from Ch. 111, par. 7509.4)
29 Sec. 9.4. The Department has power to subpoena and bring
30 before it any person in this State and to take testimony
31 either orally or by deposition or both, or to subpoena
32 documents, exhibits, or other materials with the same fees
33 and mileage and in the same manner as prescribed by law in
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1 judicial proceedings in civil cases in circuit courts of this
2 State.
3 The Director and any member of the Roofing Advisory Board
4 have power to administer oaths to witnesses at any hearing
5 that the Department or Roofing Advisory Board is authorized
6 by law to conduct. Further, the Director has power to
7 administer any other oaths required or authorized to be
8 administered by the Department under this Act.
9 The Director and the hearing officer have power to
10 administer oaths to witnesses at any hearing which the
11 Department is authorized to conduct under this Act, and any
12 other oaths required or authorized to be administered by the
13 Department under this Act.
14 (Source: P.A. 89-387, eff. 1-1-96.)
15 (225 ILCS 335/9.5) (from Ch. 111, par. 7509.5)
16 Sec. 9.5. Findings of fact, conclusions of law, and
17 recommendations; order. Within 30 days of the Department's
18 receipt of the transcript of any hearing that is conducted
19 pursuant to this Act or the rules for its enforcement or any
20 other statute or rule requiring a hearing under this Act or
21 the rules for its enforcement, or for any hearing related to
22 restoration of any license issued pursuant to this Act, the
23 hearing officer shall submit his or her written findings and
24 recommendations to the Roofing Advisory Board. The Roofing
25 Advisory Board shall review the report of the hearing officer
26 and shall present its findings of fact, conclusions of law,
27 and recommendations to the Director by the date of the
28 Board's second meeting following the Board's receipt of the
29 hearing officer's report.
30 A copy of the findings of fact, conclusions of law, and
31 recommendations to the Director shall be served upon the
32 accused person, either personally or by registered or
33 certified mail. Within 20 days after service, the accused
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1 person may present to the Department a written motion for a
2 rehearing, which shall state the particular grounds therefor.
3 If the accused person orders and pays for a transcript
4 pursuant to Section 9.2, the time elapsing thereafter and
5 before the transcript is ready for delivery to him or her
6 shall not be counted as part of the 20 days.
7 The Director shall issue an order based on the findings
8 of fact, conclusions of law, and recommendations to the
9 Director of the Board. If the Director disagrees in any
10 regard with the findings of fact, conclusions of law, and
11 recommendations to the Director, he may issue an order in
12 contravention of the findings of fact, conclusions of law,
13 and recommendations to the Director.
14 If the Director issues an order in contravention of the
15 findings of fact, conclusions of law, and recommendations to
16 the Director of the Board, the Director shall notify the
17 Board in writing with an explanation for any deviation from
18 the Board's findings of fact, conclusions of law, and
19 recommendations to the Director within 30 days of the
20 Director's entry of the order. At the conclusion of the
21 hearing the hearing officer shall present to the Director a
22 written report of his findings of fact, conclusions of law
23 and recommendations. The report shall contain a finding
24 whether or not the accused person violated this Act or failed
25 to comply with the conditions required in this Act. The
26 hearing officer shall specify the nature of the violation or
27 failure to comply, and shall make his recommendations to the
28 Director.
29 The report of findings of fact, conclusions of law and
30 recommendations of the hearing officer shall be the basis for
31 the Department's order. If the Director disagrees in any
32 regard with the report of the hearing officer, the Director
33 may issue an order in contravention to the report. The
34 finding is not admissible in evidence against the person in a
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1 criminal prosecution brought for the violation of this Act,
2 but the hearing and findings are not a bar to a criminal
3 prosecution brought for the violation of this Act.
4 (Source: P.A. 86-615.)
5 (225 ILCS 335/9.14) (from Ch. 111, par. 7509.14)
6 Sec. 9.14. The Director has the authority to appoint any
7 attorney duly licensed to practice law in the State of
8 Illinois to serve as the hearing officer for any action for
9 refusal to issue or renew a license, for or discipline of a
10 licensee for sanctions for unlicensed practice, for
11 restoration of a license, or for any other action for which
12 findings of fact, conclusions of law, and recommendations are
13 required pursuant to Section 9.5 of this Act. The hearing
14 officer shall have full authority to conduct the hearing and
15 shall issue his or her findings of fact and recommendations
16 to the Board pursuant to Sections 9.5 of this Act. The
17 hearing officer has full authority to conduct the hearing.
18 The hearing officer shall report his findings of fact,
19 conclusions of law and recommendations to the Director. The
20 Director shall issue an order based on the report of the
21 hearing officer. If the Director disagrees in any regard
22 with the hearing officer's report, he may issue an order in
23 contravention of the hearing officer's report.
24 (Source: P.A. 86-615.)
25 (225 ILCS 335/10) (from Ch. 111, par. 7510)
26 Sec. 10. Enforcement; petition to court.
27 (1) If any person violates the provisions of this Act,
28 the Director through the Attorney General of Illinois, or the
29 State's Attorney of any county in which a violation is
30 alleged to exist, may in the name of the People of the State
31 of Illinois petition for an order enjoining such violation or
32 for an order enforcing compliance with this Act. Upon the
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1 filing of a verified petition in such court, the court may
2 issue a temporary restraining order, without notice or bond,
3 and may preliminarily and permanently enjoin such violation,
4 and if it is established that such person has violated or is
5 violating the injunction, the Court may punish the offender
6 for contempt of court.
7 (2) If any person shall practice as a licensee or hold
8 himself or herself out as a licensee without being licensed
9 under the provisions of this Act, then any person licensed
10 under this Act, any interested party or any person injured
11 thereby may, in addition to those officers identified in
12 subsection (1) of this Section, petition for relief as
13 provided therein.
14 (3) Whenever the Department has reason to believe that
15 any person has violated the licensing requirements of this
16 Act by practicing, offering to practice, attempting to
17 practice, or holding himself or herself out to practice
18 roofing without being licensed under this Act, the Department
19 may issue a rule to show cause why an order to cease and
20 desist should not be entered against that person. The rule
21 shall clearly set forth the grounds relied upon by the
22 Department and shall provide a period of 7 days from the date
23 of the rule to file an answer to the satisfaction of the
24 Department. Failure to answer to the satisfaction of the
25 Department shall cause an order to cease and desist to be
26 issued immediately.
27 (4) (3) Proceedings under this Section shall be in
28 addition to, and not in lieu of, all other remedies and
29 penalties which may be provided by law.
30 (Source: P.A. 90-55, eff. 1-1-98.)
31 (225 ILCS 335/11.5)
32 Sec. 11.5. The Roofing Advisory Board is created and
33 shall consist of 8 7 persons, 6 of whom shall have been
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1 issued certificates of registration as roofing contractors by
2 the Department, one of whom represents the Home Builders
3 Association of Illinois, and one of whom and one who is a
4 knowledgeable public member. The public member shall not be
5 licensed under this Act or any other Act the Department
6 administers. Each member shall be appointed by the Director.
7 Members shall be appointed who reasonably represent the
8 different geographic areas of the State.
9 The Director shall consider the advice and
10 recommendations of the Board. The Director shall notify the
11 Board in writing with an explanation of any deviation from
12 the Board's written recommendation or response. After review
13 of the Director's written explanation of the reasons for
14 deviation, the Board shall have the opportunity to comment
15 upon the Director's decision.
16 The persons appointed shall hold office for 4 years and
17 until a successor is appointed and qualified. The initial
18 terms shall begin July 1, 1997. Of the members of the Board
19 first appointed, 2 shall be appointed to serve for 2 years, 2
20 shall be appointed to serve for 3 years, and 3 shall be
21 appointed to serve for 4 years. No member shall serve more
22 than 2 complete 4 year terms.
23 Within 90 days of a vacancy occurring, the Director shall
24 fill the vacancy for the unexpired portion of the term with
25 an appointee who meets the same qualifications as the person
26 whose position has become vacant. The Board shall meet
27 annually to elect one member as chairman and one member as
28 vice-chairman. No officer shall be elected more than twice
29 in succession to the same office. The members of the Board
30 shall receive reimbursement for actual, necessary, and
31 authorized expenses incurred in attending the meetings of the
32 Board.
33 (Source: P.A. 89-594, eff. 8-1-96.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.
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