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91_SB1248enr
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1 AN ACT creating the Fire Equipment Distributor and
2 Employee Regulation Act of 2000.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section. 1. Short title. This Act may be cited as the
6 Fire Equipment Distributor and Employee Regulation Act of
7 2000.
8 Section 5. Definitions. As used in this Act:
9 (a) "Employee" means a licensee or a person who is
10 currently employed by a distributor licensed under this Act
11 whose full or part-time duties include servicing, recharging,
12 hydro-testing, installing, maintaining, or inspecting all
13 types of fire extinguishing devices or systems, other than
14 water sprinkler systems.
15 (b) "Board" means the Fire Equipment Distributor and
16 Employee Advisory Board.
17 (c) "Person" means a natural person or any company,
18 corporation, or other business entity.
19 (d) "Fire equipment distributor" means any person,
20 company or corporation that services, recharges, hydro-tests,
21 inspects, installs, maintains, alters, repairs, replaces, or
22 services fire extinguishing devices or systems, other than
23 water sprinkler systems, for customers, clients, or other
24 third parties. "Fire equipment distributor" does not include
25 a person, company, or corporation employing 2,000 or more
26 employees within the State of Illinois that engages in these
27 activities incidental to its own business.
28 (e) "Public member" means a person who is not a licensee
29 or a relative of a licensee, or who is not an employer or
30 employee of a licensee. The term "relative" shall be
31 determined by rules of the State Fire Marshal.
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1 (f) "Residency" means an actual domicile in Illinois for
2 a period of not less than one year.
3 (g) "Inspection" means a determination that a fire
4 extinguisher is available in its designated place and has not
5 been actuated or tampered with. "Inspection" does not include
6 the inspection that may be performed by the building owner,
7 tenant, or insurance representative.
8 (h) "Maintenance" means a determination that an
9 extinguisher will operate effectively and safely. It
10 includes a thorough examination and any necessary repair or
11 replacement. It also includes checking the date of
12 manufacture or last hydrostatic test to see if internal
13 inspection of the cylinder or hydrostatic testing is
14 necessary, and checking for cuts, bulges, dents, abrasions,
15 corrosion, condition of paint, shell hanger attachment,
16 maintenance of nameplate, weight of contents, pressure gauge,
17 valve, removal of pull pin, discharge nozzle, hose assembly,
18 and operating instructions.
19 Section 10. License requirement; injunction. No person
20 shall act as a fire equipment distributor or employee, or
21 advertise or assume to act as such, or use any title implying
22 that such person is engaged in such practice or occupation
23 unless licensed by the State Fire Marshal.
24 No firm, association, or corporation shall act as an
25 agency licensed under this Act, or advertise or assume to act
26 as such, or use any title implying that the firm,
27 association, or corporation is engaged in such practice,
28 unless licensed by the State Fire Marshal.
29 The State Fire Marshal, in the name of the People and
30 through the Attorney General, the State's Attorney of any
31 county, any resident of the State, or any legal entity within
32 the State may apply for injunctive relief in any court to
33 enjoin any person who has not been issued a license or whose
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1 license has been suspended, revoked, or not renewed from
2 practicing a licensed activity, and upon the filing of a
3 verified petition, the court, if satisfied by affidavit or
4 otherwise, that such person is or has been practicing in
5 violation of this Act may enter a temporary restraining order
6 or preliminary injunction, without bond, enjoining the
7 defendant from such further activity. A copy of the verified
8 complaint shall be served upon the defendant and the
9 proceedings shall thereafter be conducted as in other civil
10 cases. If it is established that the defendant has been or
11 is practicing in violation of this Act, the court may enter a
12 judgment perpetually enjoining the defendant from such
13 further activity. In case of violation of any injunctive
14 order or judgment entered under the provisions of this
15 Section, the court may summarily try and punish the offender
16 for contempt of court. Such injunctive proceeding shall be
17 in addition to all penalties and other remedies in this Act.
18 The State Fire Marshal may refuse to issue a license to,
19 or may suspend the license of, any person who fails to file a
20 return, to pay the tax, penalty, or interest shown in a filed
21 return, or to pay any final assessment of tax, penalty, or
22 interest, as required by any tax Act administered by the
23 Illinois Department of Revenue, until such time as the
24 requirements of any such tax Act are satisfied.
25 Section 15. Exemptions.
26 (a) This Act shall not apply to an officer or employee
27 of this State or the fire department or fire protection
28 district of any political subdivision of this State while
29 such officer or employee is engaged in the performance of his
30 official duties within the course and scope of his employment
31 with this State, or any political subdivision. However, any
32 such person who offers his services as a private fire
33 equipment distributor or employee, or any title where similar
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1 services are performed for compensation, fee, or other
2 valuable consideration, whether received directly or
3 indirectly, shall be subject to this Act and its licensing
4 requirements.
5 (b) Any person who engages in hydrostatic testing of
6 fire equipment but does not service, recharge, install,
7 maintain, or inspect such equipment shall not be required to
8 be licensed under this Act.
9 Section 20. Deposit of fees. All fees collected pursuant
10 to this Act shall be deposited into the Fire Prevention Fund.
11 Section 25. Fire Equipment Distributor and Employee
12 Advisory Board. There is created the Fire Equipment
13 Distributor and Employee Advisory Board consisting of 9
14 members to be appointed by the State Fire Marshal as soon as
15 practicable after the effective date of this Act. Two of the
16 members shall possess at least a Class A Fire Distributor
17 License, 2 shall possess at least a Class B Fire Distributor
18 License, 2 shall possess at least a Class C Fire Distributor
19 License, 2 shall be representatives of the active fire
20 prevention services who are not licensed under this Act, and
21 one shall be a public member who is not licensed under this
22 Act or a similar Act of another jurisdiction and who has no
23 connection with any business licensed under this Act. The
24 State Fire Marshal shall be an ex officio member of the
25 Board. Each member shall be a resident of Illinois. Each
26 appointment to the Board shall have a minimum of 5 years
27 experience as a licensee in the field in which the person is
28 licensed, be an officer in a licensed fire equipment
29 distributor company, and be actively engaged in the fire
30 equipment business. In making Board appointments, the State
31 Fire Marshal shall give consideration to the recommendations
32 by members of the profession and by organizations therein.
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1 The membership shall reasonably reflect representation from
2 geographic areas in this State.
3 Each Board member shall serve for a term of 4 years and
4 until his or her successor is appointed and qualified.
5 However, in making initial appointments, one member shall be
6 appointed to serve for one year, 2 shall be appointed to
7 serve for 2 years, 2 shall be appointed to serve for 3 years,
8 and the remaining members, one of whom shall be the public
9 member, shall be appointed to serve for 4 years. Appointments
10 to fill vacancies shall be made in the same manner as
11 original appointments for the unexpired portion of the
12 vacated term. Initial terms shall begin upon the effective
13 date of this Act.
14 A member of the Board may be removed from office for just
15 cause. A member subject to formal disciplinary proceedings
16 shall disqualify himself or herself from Board business until
17 the charge is resolved. A member also shall disqualify
18 himself or herself from any matter on which the member may
19 not objectively make a decision.
20 Board members shall receive no compensation but shall be
21 reimbursed for expenses incurred in connection with their
22 duties as board members.
23 A majority of Board members then appointed shall
24 constitute a quorum. A majority vote of the quorum is
25 required for a Board decision.
26 The Board shall elect from its membership a chairman and
27 other officers as it may deem necessary.
28 Board members shall not be liable for any of their acts,
29 omissions, decisions, or any other conduct in connection with
30 their duties on the Board, except those involving willful,
31 wanton, or intentional misconduct.
32 The Board may have such powers as may be granted by the
33 State Fire Marshal to carry out the provisions of this Act.
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1 Section 30. Rules; report.
2 (a) The State Fire Marshal shall promulgate rules
3 consistent with the provisions of this Act for the
4 administration and enforcement thereof, and may prescribe
5 forms that shall be issued in connection therewith. The
6 rules shall include standards and criteria for registration,
7 professional conduct, and discipline. The State Fire Marshal
8 shall consult with the Board in promulgating all rules under
9 this Act.
10 (b) The Board shall propose to the State Fire Marshal
11 additions or modifications to administrative rules whenever a
12 majority of the members believes the rules are deficient for
13 the proper administration of this Act.
14 (c) The State Fire Marshal may solicit the advice and
15 expert knowledge of the Board on any matter relating to the
16 administration and enforcement of this Act.
17 (d) In the promulgation of rules relating to fire
18 equipment distributors and employees, the State Fire Marshal
19 shall be guided by the national fire safety standards and
20 codes and fire equipment and facility standards and code,
21 including but not limited to those promulgated by the
22 National Fire Protection Association and the National
23 Association of Fire Equipment Distributors.
24 (e) In the promulgation of rules relating to the
25 maintenance and operation of hydrostatic testing equipment
26 and tools for all fire equipment distributors and employees,
27 the State Fire Marshal shall be guided by the requirements of
28 the United States Department of Transportation as set forth
29 in Section 173.34(e)(1) of Title 49 of the Code of Federal
30 Regulations.
31 (f) The State Fire Marshal shall by rule establish
32 procedures for an applicant for any class fire equipment
33 employee license to work for a licensed fire equipment
34 distributor for training.
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1 (g) The rules promulgated by the Office of the State Fire
2 Marshal pursuant to the Fire Equipment Distributor and
3 Employee Regulation Act shall remain in effect until such
4 time as the Office of the State Fire Marshal promulgates
5 rules under this Act.
6 (h) The State Fire Marshal shall issue to the Board
7 prior to each Board meeting, but not less than quarterly, a
8 report of the status of all convictions related to the
9 profession received by the State Fire Marshal.
10 Section 35. Personnel. The State Fire Marshal may employ,
11 in conformity with the Personnel Code, such professional,
12 technical, investigative, or clerical help, on either a full
13 or part-time basis, as may be necessary for the enforcement
14 of this Act. Each investigator shall have a minimum of 2
15 years investigative experience out of the preceding 5 years.
16 An investigator may not hold an active license issued
17 pursuant to this Act or have any fiduciary interest in any
18 business licensed under this Act. This prohibition does not,
19 however, prohibit an investigator from holding stock in a
20 publicly traded business licensed or regulated under this
21 Act, provided that the investigator does not hold more than
22 5% of the stock in the business.
23 Section 40. Qualifications for licensure; fees.
24 (a) No person shall engage in practice as a fire
25 equipment distributor or fire equipment employee without
26 first applying for and obtaining a license for that purpose
27 from the Office of the State Fire Marshal.
28 (b) To qualify for a Class A Fire Equipment Distributor
29 License to service, recharge, hydro-test, install, maintain,
30 or inspect all types of fire extinguishers, an applicant must
31 provide all of the following:
32 (1) An annual license fee of $100.
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1 (2) Evidence of registration as an Illinois
2 corporation or evidence of compliance with the Assumed
3 Business Name Act.
4 (3) Evidence of financial responsibility in a
5 minimum amount of $300,000 through liability insurance,
6 self-insurance, group insurance, group self-insurance, or
7 risk retention groups.
8 (c) To qualify for a Class B Fire Equipment Distributor
9 License to service, recharge, hydro-test, install, maintain,
10 or inspect all types of pre-engineered fire extinguishing
11 systems, an applicant must provide all of the following:
12 (1) An annual license fee of $200.
13 (2) Evidence of registration as an Illinois
14 corporation or evidence of compliance with the Assumed
15 Business Name Act.
16 (3) Evidence of financial responsibility in a
17 minimum amount of $300,000 through liability insurance,
18 self-insurance, group insurance, group self-insurance, or
19 risk retention groups.
20 (4) Evidence of owning, leasing, renting, or having
21 access to proper testing equipment that is in compliance
22 with the national standards adopted by the State Fire
23 Marshal for the maintenance and operation of testing
24 tools for use with all Class B fire equipment.
25 (d) To qualify for a Class C Fire Equipment Distributor
26 License to service, repair, hydro-test, inspect, and engineer
27 all types of engineered fire suppression systems, an
28 applicant must provide all of the following:
29 (1) An annual license fee of $300.
30 (2) Evidence of registration as an Illinois
31 corporation or evidence of compliance with the Assumed
32 Business Name Act.
33 (3) Evidence of financial responsibility in a
34 minimum amount of $300,000 through liability insurance,
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1 self-insurance, group insurance, group self-insurance, or
2 risk retention groups.
3 (4) Evidence of owning, leasing, renting, or having
4 access to proper testing equipment that is in compliance
5 with the national standards adopted by the State Fire
6 Marshal for the maintenance and operation of testing
7 tools for use with all Class C fire equipment.
8 (e) To qualify for a Class 1 Fire Equipment Employee
9 License to service, recharge, hydro-test, install, maintain,
10 or inspect all types of fire extinguishers, an applicant must
11 complete all of the following:
12 (1) Pass the examination.
13 (2) Pay an annual license fee of $20.
14 (3) Provide a current photograph at least 1" x 1"
15 in size.
16 (f) To qualify for a Class 2 Fire Equipment Employee
17 License to service, recharge, hydro-test, install, maintain,
18 or inspect all types of pre-engineered fire extinguishing
19 systems, an applicant must complete all of the following:
20 (1) Pass the examination.
21 (2) Pay an annual license fee of $20.
22 (3) Provide a current photograph at least 1" x 1"
23 in size.
24 (g) To qualify for a Class 3 Fire Equipment Employee
25 License to service, recharge, hydro-test, maintain, inspect,
26 or engineer all types of engineered fire extinguishing
27 systems, an applicant must complete all of the following:
28 (1) Pass the examination.
29 (2) Pay an annual license fee of $20.
30 (3) Provide a current photograph at least 1" x 1"
31 in size.
32 Section 45. Applications. Each application for a license
33 to practice under this Act shall be in writing and signed by
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1 the applicant on forms provided by the State Fire Marshal.
2 Section 50. Examinations.
3 (a) Applicants for licensure shall be examined as
4 provided herein if they are qualified to be examined pursuant
5 to this Act. All applicants who are admitted to the
6 examination shall be evaluated upon the same standards as
7 others being examined for the respective license.
8 (b) Examination for licensure shall be at such times and
9 places as the State Fire Marshal may determine, but shall be
10 given at least quarterly.
11 (c) Examinations shall test the minimum amount of
12 knowledge and skill needed to perform the duties set forth in
13 the definition of the license and be in the interest of
14 protection of the public. The State Fire Marshal may
15 contract with a testing service for the preparation and
16 conduct of such examination.
17 (d) If an applicant neglects, fails, or refuses to take
18 an examination under this Act within one year after filing
19 his or her application, the fee paid by the applicant shall
20 be forfeited. However, the applicant may thereafter make a
21 new application for examination, accompanied by the required
22 fee.
23 Section 55. Licensure without examination. The State Fire
24 Marshal shall promulgate rules for licensure without
25 examination and may license under this Act without
26 examination, on payment of the required fee, an applicant who
27 is registered under the laws of another state or territory or
28 of another country, if the requirements for registration in
29 the jurisdiction in which the applicant was licensed were, at
30 the date of his registration, substantially equal to the
31 requirements then in force in this State and that state,
32 territory, or country has similar rules for licensure.
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1 Section 60. Issuance of license; renewal.
2 (a) The State Fire Marshal shall, upon the applicant's
3 satisfactory completion of the requirements authorized under
4 this Act and upon receipt of the requisite fees, issue the
5 appropriate license and wallet card showing the name and
6 business location of the licensee, the dates of issuance and
7 expiration, and shall contain a photograph of the licensee
8 provided to the State Fire Marshal.
9 (b) Upon application within 90 days after the effective
10 date of this Act, the Office of the State Fire Marshal shall
11 issue a license under this Act without examination to persons
12 holding a valid license under the Fire Equipment Distributor
13 and Employee Regulation Act on December 30, 1999.
14 (c) Each licensee may apply for renewal of his license
15 upon payment of fees, as set forth in this Act. The
16 expiration date and renewal period for each license issued
17 under this Act shall be set by rule. Failure to renew within
18 60 days of the expiration date shall lapse the license. A
19 lapsed license may not be reinstated until a written
20 application is filed, the renewal fee is paid, and a $50
21 reinstatement fee is paid. Renewal and reinstatement fees
22 shall be waived for persons who did not renew while on active
23 duty in the military and who file for renewal or restoration
24 within one year after discharge from such service. A lapsed
25 license may not be reinstated after 5 years have elapsed,
26 except upon passing an examination to determine fitness to
27 have the license restored and by paying the required fees.
28 (d) As a condition of renewal of a license, the State
29 Fire Marshal may require the licensee to report information
30 pertaining to his practice which the State Fire Marshal
31 determines to be in the interest of public safety.
32 (e) All fees paid pursuant to this Act are
33 non-refundable.
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1 Section 65. Returned checks. Any person who on 2
2 occasions issues or delivers a check or other order to the
3 State Fire Marshal that is not honored by the financial
4 institution upon which it is drawn because of insufficient
5 funds on account shall pay to the State Fire Marshal, in
6 addition to the amount owing upon the check or other order, a
7 fee of $50. If the check or other order was issued or
8 delivered in payment of a renewal fee and the licensee whose
9 license has lapsed continues to practice without paying the
10 renewal fee and the $50 fee required under this Section, an
11 additional fee of $100 shall be imposed for practicing
12 without a current license. The State Fire Marshal shall
13 notify the licensee whose license has lapsed, within 30 days
14 after the discovery by the State Fire Marshal that the
15 licensee is practicing without a current license, that the
16 individual, person, or distributor is acting as a fire
17 equipment distributor or employee, as the case may be,
18 without a license, and the amount due to the State Fire
19 Marshal, which shall include the lapsed renewal fee and all
20 other fees required by this Section. If after the expiration
21 of 30 days from the date of such notification, the licensee
22 whose license has lapsed seeks a current license, he shall
23 thereafter apply to the State Fire Marshal for reinstatement
24 of the license and pay all fees due to the State Fire
25 Marshal. The State Fire Marshal may establish a fee for the
26 processing of an application for reinstatement of a license
27 that allows the State Fire Marshal to pay all costs and
28 expenses incident to the processing of this application. The
29 State Fire Marshal may waive the fees due under this Section
30 in individual cases where he finds that the fees would be
31 unreasonable or unnecessarily burdensome.
32 Section 70. Change of address; display of license;
33 duplicate license or certificate.
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1 (a) A licensee shall report a change in home or office
2 address within 10 days of when it occurs.
3 (b) Each licensee shall prominently display his license
4 to practice at each place from which the practice is being
5 performed. If more than one location is used, branch office
6 certificates shall be issued upon payment of the fees to be
7 established by the State Fire Marshal. Each fire equipment
8 employee shall carry on his person a wallet card issued by
9 the State Fire Marshal.
10 (c) If a license or certificate is lost, a duplicate
11 shall be issued upon payment of the required fee to be
12 established by the State Fire Marshal. If a licensee wishes
13 to change his name, the State Fire Marshal shall issue a
14 license in the new name upon satisfactory proof that such
15 change was done in accordance with law and upon payment of
16 the required fee.
17 (d) Each licensee shall permit his facilities to be
18 inspected by representatives of the State Fire Marshal.
19 Section 75. Grounds for disciplinary sanctions. Licensees
20 subject to this Act shall conduct their practice in
21 accordance with this Act and with any rules promulgated
22 pursuant hereto. Licensees shall be subject to the exercise
23 of the disciplinary sanctions enumerated in Section 90 if the
24 State Fire Marshal finds that a licensee is guilty of any of
25 the following:
26 (1) fraud or material deception in obtaining or renewing
27 of a license;
28 (2) professional incompetence as manifested by poor
29 standards of service;
30 (3) engaging in dishonorable, unethical, or
31 unprofessional conduct of a character likely to deceive,
32 defraud, or harm the public in the course of professional
33 services or activities;
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1 (4) conviction of any crime by a licensee which has a
2 substantial relationship to his practice or an essential
3 element of which is misstatement, fraud, or dishonesty, or
4 conviction in this or another state of any crime that is a
5 felony under the laws of Illinois or conviction of a felony
6 in a federal court, unless the person demonstrates that he or
7 she has been sufficiently rehabilitated to warrant the public
8 trust;
9 (5) performing any services in a grossly negligent
10 manner or permitting any of his or her licensed employees to
11 perform services in a grossly negligent manner, regardless of
12 whether actual damage or damages to the public is
13 established;
14 (6) habitual drunkenness or habitual addiction to the
15 use of morphine, cocaine, controlled substances, or other
16 habit-forming drugs;
17 (7) directly or indirectly willfully receiving
18 compensation for any professional services not actually
19 rendered;
20 (8) having disciplinary action taken against his or her
21 license in another state;
22 (9) making differential treatment against any person to
23 his detriment because of race, color, creed, sex, religion,
24 or national origin;
25 (10) engaging in unprofessional conduct;
26 (11) engaging in false or misleading advertising;
27 (12) contracting or assisting unlicensed persons to
28 perform services for which a license is required under this
29 Act;
30 (13) permitting the use of his or her license to enable
31 any unlicensed person or agency to operate as a licensee;
32 (14) performing and charging for services without having
33 authorization to do so from the member of the public being
34 served;
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1 (15) failure to comply with any provision of this Act or
2 the rules promulgated pursuant thereto;
3 (16) conducting business regulated by this Act without a
4 currently valid license.
5 Section 80. Complaints. All complaints concerning
6 violations regarding licensees or unlicensed activity shall
7 be received and logged by the State Fire Marshal and reported
8 to the Board.
9 Section 85. Formal charges.
10 (a) Following the investigative process, the State Fire
11 Marshal may file formal charges against the licensee. The
12 formal charges shall, at a minimum, inform the licensee of
13 the facts that make up the basis of the charge and that are
14 specific enough to enable the licensee to defend himself.
15 (b) Each licensee whose conduct is the subject of a
16 formal charge that seeks to impose disciplinary action
17 against the licensee shall be served notice of said formal
18 charge at least 30 days before the date of the hearing, which
19 shall be presided over by a hearing officer authorized by the
20 State Fire Marshal. Service shall be considered to have been
21 given if the notice was personally received by the licensee
22 or if the notice was sent by certified mail, return receipt
23 requested to the licensee at the licensee's last known
24 address, as listed with the State Fire Marshal.
25 (c) The notice of formal charges shall consist at a
26 minimum of the following information:
27 (1) the time, place, and date of the hearing;
28 (2) that the licensee shall appear personally at
29 the hearing and may be represented by counsel;
30 (3) that the licensee shall have the right to
31 produce witnesses and evidence in his behalf and shall
32 have the right to cross-examine witnesses and refute
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1 evidence produced against him or her;
2 (4) that the hearing could result in disciplinary
3 action being taken against his or her license;
4 (5) that rules for the conduct of these hearings
5 exist and it may be in the licensee's best interest to
6 obtain a copy;
7 (6) that a hearing officer authorized by the State
8 Fire Marshal shall preside at the hearing and following
9 the conclusion of said hearing shall make findings of
10 fact, conclusions of law, and recommendations, separately
11 stated, to the State Fire Marshal as to what disciplinary
12 action, if any, should be imposed on the licensee; and
13 (7) that the State Fire Marshal may continue such
14 hearing.
15 (d) The hearing officer authorized by the State Fire
16 Marshal shall hear evidence produced in support of the formal
17 charges and contrary evidence produced by the licensee, if
18 any. At the conclusion of the hearing, the hearing officer
19 shall make findings of fact, conclusions of law, and
20 recommendations, separately stated, and submit them to the
21 State Fire Marshal and to all parties to the proceeding.
22 Submission to the licensee shall be considered as having been
23 made if done in a similar fashion as service of the notice of
24 formal charges. Within 20 days after such service, any party
25 to the proceeding may present to the State Fire Marshal a
26 motion, in writing, for a rehearing which written motion
27 shall specify the particular grounds therefor.
28 (e) The State Fire Marshal, following the time allowed
29 for filing a motion for rehearing, shall review the hearing
30 officer's findings of fact, conclusions of law, and
31 recommendations, and any motions filed subsequent thereto.
32 After review of such information the State Fire Marshal may
33 hear oral arguments and thereafter shall issue an order. The
34 report of findings of fact, conclusions of law, and
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1 recommendations of the hearing officer shall be the basis for
2 the State Fire Marshal's order. If the State Fire Marshal
3 finds that substantial justice was not done, he may issue an
4 order in contravention of the findings of fact, conclusions
5 of law, and recommendations of the hearing officer. The
6 State Fire Marshal shall provide the Board with written
7 explanation of any such deviation, and shall specify with
8 particularity the reasons for said action. The finding is
9 not admissible in evidence against the person in criminal
10 prosecution brought for the violation of this Act.
11 (f) All proceedings pursuant to this Section are matters
12 of public record and shall be preserved.
13 Section 90. Disciplinary sanctions; hearings.
14 (a) The State Fire Marshal shall impose any of the
15 following sanctions, singly or in combination, when he or she
16 finds that a licensee is guilty of any offense described in
17 subsection (a) of Section 75:
18 (1) revocation;
19 (2) suspension for any period of time;
20 (3) reprimand or censure;
21 (4) placement on probationary status and the
22 requirement of the submission of any of the following:
23 (i) report regularly to the Board or State
24 Fire Marshal upon matters that are the basis of the
25 probation;
26 (ii) continuation or renewal of professional
27 education until a satisfactory degree of skill has
28 been attained in those areas that are the basis of
29 the probation; or
30 (iii) such other reasonable requirements or
31 restrictions as are proper.
32 (5) refusal to issue, renew or restore;
33 (6) revocation of probation that has been granted
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1 and imposition of any other discipline in this subsection
2 (a) when the requirements of probation have not been
3 fulfilled or have been violated.
4 (b) The State Fire Marshal may summarily suspend a
5 license under this Act, without a hearing, simultaneously
6 with the filing of a formal complaint and notice for a
7 hearing provided under this Section if the State Fire Marshal
8 finds that the continued operations of the individual would
9 constitute an immediate danger to the public. In the event
10 the State Fire Marshal suspends a license under this
11 subsection, a hearing by the hearing officer designated by
12 the State Fire Marshal shall begin within 20 days after such
13 suspension begins, unless continued at the request of the
14 licensee.
15 (c) Disposition may be made of any formal complaint by
16 consent order between the State Fire Marshal and the
17 licensee, but the Board must be apprised of the full consent
18 order in a timely way.
19 (d) The State Fire Marshal shall reinstate any license
20 to good standing under this Act, upon recommendation to the
21 State Fire Marshal, after a hearing before the hearing
22 officer authorized by the State Fire Marshal. The State Fire
23 Marshal shall be satisfied that the applicant's renewed
24 practice is not contrary to the public interest.
25 (e) The State Fire Marshal may order a licensee to
26 submit to a reasonable physical examination if his physical
27 capacity to practice safely is at issue in a disciplinary
28 proceeding. Failure to comply with a State Fire Marshal order
29 to submit to a physical examination shall render a licensee
30 liable to the summary suspension procedures described in this
31 Section.
32 (f) The State Fire Marshal may conduct hearings and
33 issue cease and desist orders to persons who engage in
34 activities prohibited by this Act without having a valid
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1 license, certificate, or registration. Any person in
2 violation of a cease and desist order entered by the State
3 Fire Marshal shall be subject to all of the remedies provided
4 by law, and in addition, shall be subject to a civil penalty
5 payable to the party injured by the violation.
6 (g) The State Fire Marshal shall seek to achieve
7 consistency in the application of the foregoing sanctions and
8 consent orders and significant departure from prior decisions
9 involving similar conduct shall be explained in the State
10 Fire Marshal's orders.
11 Section 95. Witnesses; record of proceedings.
12 (a) The State Fire Marshal has the power to subpoena and
13 bring before it any person in this State and to take
14 testimony either orally or by deposition, or both, with the
15 same fees and mileage and in the same manner as is prescribed
16 by law for judicial proceedings in civil cases. The State
17 Fire Marshal and the hearing officer approved by the State
18 Fire Marshal have the power to administer oaths at any
19 hearing which the State Fire Marshal is authorized to
20 conduct.
21 (b) Any circuit court, upon the application of the
22 licensee or the State Fire Marshal, may order the attendance
23 of witnesses and the production of relevant books and papers
24 in any hearing pursuant to this Act. The court may compel
25 obedience to its order by proceedings for contempt.
26 (c) The State Fire Marshal, at its expense, shall
27 provide a stenographer or a mechanical recording device to
28 record the testimony and preserve a record of all proceedings
29 at the hearing of any case wherein a license may be revoked,
30 suspended, placed on probationary status, or other
31 disciplinary action taken with regard thereto. The notice of
32 hearing, complaint and all other documents in the nature of
33 pleadings and written motions filed in the proceedings, the
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1 transcript of testimony, the report of the hearing officer,
2 and the orders of the State Fire Marshal constitute the
3 record of such proceedings. The State Fire Marshal shall
4 furnish a transcript of the record to any interested person
5 upon payment of the costs of copying and transmitting the
6 record.
7 Section 100. Judicial review. All final administrative
8 decisions of the State Fire Marshal are subject to judicial
9 review pursuant to the provisions of the Administrative
10 Review Law and the rules adopted pursuant thereto. Such
11 proceedings for judicial review shall be commenced in the
12 Circuit Court of the county in which the party applying for
13 review resides. If the party applying for review is not a
14 resident of Illinois, the venue shall be in Sangamon County.
15 The State Fire Marshal shall not be required to certify any
16 record to the court or file any answer in court or otherwise
17 appear in any court in a judicial review proceeding, unless
18 there is filed in the court with the complaint a receipt from
19 the State Fire Marshal acknowledging payment of the costs of
20 furnishing and certifying the record which costs shall be
21 computed at the cost of preparing such record. Exhibits
22 shall be certified without cost. Failure on the part of the
23 licensee to file the receipt in court shall be grounds for
24 dismissal of the action. During all judicial proceedings
25 incident to the disciplinary action, the sanctions imposed
26 upon the accused by the State Fire Marshal shall remain in
27 effect, unless the court feels justice requires a stay of the
28 order.
29 Section 105. Order; prima facie proof. An order of
30 revocation, suspension, placing the license on probationary
31 status or other formal disciplinary action as the State Fire
32 Marshal may deem proper, or a certified copy thereof, over
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1 the seal of the State Fire Marshal and purporting to be
2 signed by the State Fire Marshal, is prima facie proof that:
3 (1) the signature is that of the State Fire Marshal;
4 (2) the State Fire Marshal is qualified to act; and
5 (3) the hearing officer is qualified to act on behalf of
6 the State Fire Marshal.
7 Such proof may be rebutted.
8 Section 110. Surrender of license. Upon the suspension or
9 revocation of a license issued under this Act, a licensee
10 shall surrender the license to the State Fire Marshal and,
11 upon failure to do so, the State Fire Marshal shall seize the
12 same.
13 Section 115. Publication of records. The State Fire
14 Marshal shall, upon request, publish a list of the names and
15 addresses of all licensees under the provisions of this Act.
16 The State Fire Marshal shall publish a list of all persons
17 whose licenses have been disciplined within one year, and a
18 quarterly list of each individual who was denied employment
19 status because of a criminal history, together with such
20 other information as it may deem of interest to the public.
21 Section 120. Criminal penalties.
22 (a) Any person who violates any of the following
23 provisions shall be guilty of a Class A misdemeanor for the
24 first offense:
25 (1) the practice of or attempted practice as a fire
26 equipment distributor or employee without a license;
27 (2) the obtaining of or the attempting to obtain a
28 license, practice, or business or any other thing of
29 value by fraudulent representation;
30 (3) permitting, directing, or authorizing any
31 person in one's employ or under one's direction or
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1 supervision to work or serve as a licensee if that
2 individual does not possess an appropriate valid license.
3 (b) Whenever any person is punished as a repeat offender
4 under this Section, the State Fire Marshal may proceed to
5 obtain a permanent injunction against the person under
6 Section 10.
7 (c) If any person in making an oath or affidavit
8 required by this Act swears falsely, that person is guilty of
9 perjury and upon conviction thereof, may be punished
10 accordingly.
11 (d) A person who violates any Section of this Act other
12 than this Section shall be guilty of a Class A misdemeanor
13 for the first offense.
14 A second or subsequent offense in violation of any
15 Section of this Act, including this Section, is a Class 4
16 felony.
17 Section 950. The Regulatory Sunset Act is amended by
18 adding Section 4.21 as follows:
19 (5 ILCS 80/4.21 new)
20 Sec. 4.21. Act repealed on January 1, 2011. The
21 following Act is repealed on January 1, 2011:
22 The Fire Equipment Distributor and Employee Regulation
23 Act of 2000.
24 Section 999. Effective date. This Act takes effect upon
25 becoming law.
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