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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||||||||||||
5 | Illinois Landscape Architecture Practice Act of 2019. | ||||||||||||||||||||||||||||||||||
6 | Section 5. Declaration of public policy. The practice of | ||||||||||||||||||||||||||||||||||
7 | landscape architecture in the State of Illinois is hereby | ||||||||||||||||||||||||||||||||||
8 | declared to affect the public health, safety, and welfare and | ||||||||||||||||||||||||||||||||||
9 | to be subject to regulation and control in the public interest. | ||||||||||||||||||||||||||||||||||
10 | It is further declared to be a matter of public interest and | ||||||||||||||||||||||||||||||||||
11 | concern that the practice of landscape architecture, as defined | ||||||||||||||||||||||||||||||||||
12 | in this Act, merit and receive the confidence of the public and | ||||||||||||||||||||||||||||||||||
13 | that only qualified persons be authorized to practice landscape | ||||||||||||||||||||||||||||||||||
14 | architecture in the State of Illinois. This Act shall be | ||||||||||||||||||||||||||||||||||
15 | liberally construed to best carry out this purpose. | ||||||||||||||||||||||||||||||||||
16 | Section 10. Application of the Act; exemptions. | ||||||||||||||||||||||||||||||||||
17 | (a) Nothing in this Act shall be deemed or construed to | ||||||||||||||||||||||||||||||||||
18 | prevent the practice of architecture as defined in the | ||||||||||||||||||||||||||||||||||
19 | Architecture Practice Act of 1989, the practice of structural | ||||||||||||||||||||||||||||||||||
20 | engineering as defined in the Structural Engineering Practice | ||||||||||||||||||||||||||||||||||
21 | Act of 1989, the practice of professional engineering as | ||||||||||||||||||||||||||||||||||
22 | defined in the Professional Engineering Practice Act of 1989, |
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1 | or the practice of land surveying as defined in the | ||||||
2 | Professional Land Surveyor Act of 1989. | ||||||
3 | (b) Nothing contained in this Act shall prevent the | ||||||
4 | draftsmen, students, project representatives, and other | ||||||
5 | employees of those lawfully practicing as landscape architects | ||||||
6 | under this Act from acting under the responsible control of | ||||||
7 | their employers, or prevent the employment of project | ||||||
8 | representatives for enlargement or alteration of site | ||||||
9 | development, or any parts thereof, or prevent such project | ||||||
10 | representatives from acting under the responsible control of | ||||||
11 | the landscape architect by whom the construction documents, | ||||||
12 | including drawings and specifications of any such site | ||||||
13 | development, enlargement, or alteration, were prepared. | ||||||
14 | (c) Nothing in this Act shall be construed to prohibit | ||||||
15 | those persons engaged in nursery occupations, landscape | ||||||
16 | contractors, home builders, or residential developers from | ||||||
17 | preparing plans and items incidental thereto, from such | ||||||
18 | practice to include design, planning, location, and | ||||||
19 | arrangement of plantings, pavements, or other ornamental | ||||||
20 | features; nor shall this Act be construed to prevent the | ||||||
21 | practice of any other legally recognized profession as governed | ||||||
22 | by applicable law. | ||||||
23 | (d) An architect, land surveyor, professional engineer, or | ||||||
24 | structural engineer shall be permitted to affix his or her | ||||||
25 | professional seal or stamp to any plans, specifications, and | ||||||
26 | reports prepared by or under his or her responsible control in |
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1 | connection with the incidental practice of landscape | ||||||
2 | architecture. | ||||||
3 | Section 15. Definitions. As used in this Act: | ||||||
4 | "Address of record" means the designated address recorded | ||||||
5 | by the Department in the applicant's or licensee's application | ||||||
6 | file or license file maintained by the Department's licensure | ||||||
7 | maintenance unit. | ||||||
8 | "Approved landscape architecture curriculum" means a | ||||||
9 | landscape architecture curriculum or program of 4 academic | ||||||
10 | years or more that meets the standards established by the rules | ||||||
11 | of the Department. | ||||||
12 | "Board" means the Illinois Landscape Architect Board. | ||||||
13 | "Department" means the Department of Financial and | ||||||
14 | Professional Regulation. | ||||||
15 | "Landscape architect" means a person who, based on | ||||||
16 | education, experience, and examination in the field of | ||||||
17 | landscape architecture, is licensed under this Act. | ||||||
18 | "Landscape architect intern" means an unlicensed person | ||||||
19 | who has completed the education requirements, is actively | ||||||
20 | participating in diversified professional training, and | ||||||
21 | maintains a training record in good standing as required for | ||||||
22 | licensure by this Act. | ||||||
23 | "Landscape architecture" means the application of | ||||||
24 | mathematical, physical, and social-science principles in | ||||||
25 | landscape architectural consultation, evaluation, planning, |
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1 | and design. "Landscape architecture" includes preparing, | ||||||
2 | filing, and administering landscape architecture plans, | ||||||
3 | drawings, specifications, permits, and other contract | ||||||
4 | documents involving landscape architecture projects that | ||||||
5 | direct, inform, or advise on the functional use and | ||||||
6 | preservation of natural environments. | ||||||
7 | "Landscape architecture practice" means the offering or | ||||||
8 | furnishing of professional services in connection with a | ||||||
9 | landscape architecture project or scope of work that does not | ||||||
10 | require the seal of an architect, land surveyor, professional | ||||||
11 | engineer, or structural engineer. "Landscape architecture | ||||||
12 | practice" includes, but is not limited to, consultations, | ||||||
13 | investigations, reconnaissance, research, planning, design, or | ||||||
14 | responsible supervision in connection with landscape | ||||||
15 | architecture projects involving the arranging of elements for | ||||||
16 | public and private use with emphasis on the preservation and | ||||||
17 | enhancement of land uses, including providing preliminary | ||||||
18 | studies; developing landscape architecture design concepts; | ||||||
19 | planning for the relationships of physical improvements to the | ||||||
20 | site; establishing form and aesthetic elements of a site; | ||||||
21 | determining vegetative systems for soil conservation; other | ||||||
22 | strategies for integrating the built and natural environments | ||||||
23 | to promote site and community resilience and support ecosystem | ||||||
24 | services; reforestation; planting and ground cover; analyzing | ||||||
25 | and providing for life safety requirements; technical | ||||||
26 | submissions consisting of landscape architecture drawings and |
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1 | specifications and other documents required in the | ||||||
2 | construction process that are exclusive of any building or | ||||||
3 | structure; administration of landscape architecture | ||||||
4 | construction contracts; project representation and | ||||||
5 | construction management in connection with the construction of | ||||||
6 | any landscape architecture project that is exclusive of any | ||||||
7 | building or structure. | ||||||
8 | "Person" means any person, sole proprietorship, or entity, | ||||||
9 | such as a partnership, professional service corporation, or | ||||||
10 | corporation. | ||||||
11 | "Professional design firm" means any business that | ||||||
12 | includes the practice of landscape architecture within its | ||||||
13 | stated purpose or practices or holds itself out as available to | ||||||
14 | practice landscape architecture. | ||||||
15 | "Public health" means the state of the well-being of the | ||||||
16 | body or mind of the user. | ||||||
17 | "Public safety" means the state of being reasonably free | ||||||
18 | from risk of danger, damage, or injury. | ||||||
19 | "Public welfare" means the well-being of the user resulting | ||||||
20 | from the state of a physical environment that accommodates | ||||||
21 | human activity. | ||||||
22 | "Secretary" means the Secretary of Financial and | ||||||
23 | Professional Regulation. | ||||||
24 | Section 20. Change of address. It is the duty of the | ||||||
25 | applicant or licensee to inform the Department of any change of |
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1 | address, and such changes must be made either through the | ||||||
2 | Department's website or by directly contacting the Department. | ||||||
3 | Section 25. Technical submissions. All technical | ||||||
4 | submissions intended for use in construction in the State of | ||||||
5 | Illinois shall be prepared and administered in accordance with | ||||||
6 | standards of reasonable professional skill and diligence. Care | ||||||
7 | shall be taken to reflect the requirements of State statutes | ||||||
8 | and, where applicable, county and municipal ordinances in such | ||||||
9 | submissions. In recognition that landscape architects are | ||||||
10 | licensed for the protection of the public health, public | ||||||
11 | safety, and public welfare, submissions shall be of such | ||||||
12 | quality and scope and be so administered as to conform to | ||||||
13 | professional standards. | ||||||
14 | Technical submissions are the designs, drawings, and | ||||||
15 | specifications that establish the scope of the landscape | ||||||
16 | architecture to be constructed, the standard of quality for | ||||||
17 | materials, workmanship, equipment, and construction systems | ||||||
18 | and the studies and other technical reports and calculations | ||||||
19 | prepared in the course of the practice of landscape | ||||||
20 | architecture. | ||||||
21 | No officer, board, commission, or other public entity that | ||||||
22 | receives technical submissions shall accept for filing or | ||||||
23 | approval any technical submissions relating to services | ||||||
24 | requiring the involvement of a landscape architect that do not | ||||||
25 | bear the seal and signature of a landscape architect licensed |
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1 | under this Act. | ||||||
2 | It is unlawful to affix one's seal to technical submissions | ||||||
3 | if it masks the true identity of the person who actually | ||||||
4 | exercised responsible control of the preparation of such work. | ||||||
5 | A landscape architect who seals and signs technical submissions | ||||||
6 | is not responsible for damage caused by subsequent changes to | ||||||
7 | or uses of those technical submissions where the subsequent | ||||||
8 | changes or uses, including changes or uses made by State or | ||||||
9 | local governmental agencies, are not authorized or approved in | ||||||
10 | writing by the landscape architect who originally sealed and | ||||||
11 | signed the technical submissions. | ||||||
12 | Section 30. Powers and duties of the Department. Subject to | ||||||
13 | this Act, the Department shall exercise the following | ||||||
14 | functions, powers, and duties: | ||||||
15 | (1) To pass upon the qualifications and conduct | ||||||
16 | examinations of applicants for licensure as landscape | ||||||
17 | architects or enrollment as landscape architect interns | ||||||
18 | and pass upon the qualifications of applicants by | ||||||
19 | endorsement and issue a license or enrollment to those who | ||||||
20 | are found to be fit and qualified. | ||||||
21 | (2) To prescribe rules for the method, conduct, and | ||||||
22 | grading of the examination of applicants. | ||||||
23 | (3) To register corporations, partnerships, | ||||||
24 | professional service corporations, limited liability | ||||||
25 | companies, and sole proprietorships for the practice of |
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1 | landscape architecture and issue a certificate of | ||||||
2 | registration to those who qualify. | ||||||
3 | (4) To conduct investigations and hearings regarding | ||||||
4 | violations of this Act and take disciplinary or other | ||||||
5 | actions as provided in this Act as a result of the | ||||||
6 | proceedings. | ||||||
7 | (5) To adopt rules as to what shall constitute a | ||||||
8 | landscape architecture curriculum and to determine if a | ||||||
9 | specific landscape architecture curriculum is in | ||||||
10 | compliance with the rules, and to terminate the approval of | ||||||
11 | a specific landscape architecture curriculum for | ||||||
12 | non-compliance with such rules. | ||||||
13 | (6) To adopt rules required for the administration of | ||||||
14 | this Act, including rules of professional conduct. | ||||||
15 | (7) To maintain membership and representation in the | ||||||
16 | national body composed of state licensing and testing | ||||||
17 | boards for landscape architects. | ||||||
18 | (8) To obtain written recommendations from the Board | ||||||
19 | regarding qualifications of individuals for licensure and | ||||||
20 | enrollment, definitions of curriculum content and approval | ||||||
21 | of landscape architecture curricula, standards of | ||||||
22 | professional conduct and formal disciplinary actions, and | ||||||
23 | the promulgation of the rules affecting these matters. | ||||||
24 | Prior to issuance of any final decision or order that | ||||||
25 | deviates from any report or recommendations of the Board | ||||||
26 | relating to the qualification of applicants, discipline of |
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1 | licensees or registrants, or adoption of rules, the | ||||||
2 | Secretary shall notify the Board in writing with an | ||||||
3 | explanation of any such deviation. The Department may at | ||||||
4 | any time seek the expert advice and knowledge of the Board | ||||||
5 | on any matter relating to the enforcement of this Act. | ||||||
6 | (9) To post on the Department's website, a newsletter | ||||||
7 | describing the most recent changes in this Act and the | ||||||
8 | rules adopted under this Act and containing information of | ||||||
9 | any final disciplinary action that has been ordered under | ||||||
10 | this Act since the date of the last newsletter. | ||||||
11 | (10) To review such applicant qualifications to sit for | ||||||
12 | the examination or for licensure as the Board designates | ||||||
13 | pursuant to Section 60. | ||||||
14 | Section 35. Composition, qualifications, and terms of the | ||||||
15 | Board. | ||||||
16 | (a) The Board shall be appointed by the Secretary and shall | ||||||
17 | consist of 6 members, one of whom shall be a public member and | ||||||
18 | 5 of whom shall be landscape architects licensed under this | ||||||
19 | Act. In addition, each member who is a landscape architect | ||||||
20 | shall: | ||||||
21 | (1) be a citizen of the United States, and | ||||||
22 | (2) be a resident of this State. | ||||||
23 | (3) have not less than 12 years of experience in the | ||||||
24 | practice of landscape architecture; | ||||||
25 | (4) hold an active license as a landscape architect in |
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1 | Illinois; and | ||||||
2 | (5) have been in charge of landscape architecture work | ||||||
3 | for at least 5 years. | ||||||
4 | For the purposes of this subsection (a), any period in | ||||||
5 | which a person has been in charge of teaching landscape | ||||||
6 | architecture in a landscape architecture program with the rank | ||||||
7 | of assistant professor or higher shall be considered as time in | ||||||
8 | which such person was in charge of landscape architecture work. | ||||||
9 | (b) The terms for all members shall be for 5 years. On the | ||||||
10 | expiration of the term of any member or in the event of a | ||||||
11 | vacancy, the Secretary shall appoint a member who shall hold | ||||||
12 | office until the expiration of the term for which the member is | ||||||
13 | appointed and until a successor has been appointed and | ||||||
14 | qualified. | ||||||
15 | No member shall be reappointed to the Board for a term that | ||||||
16 | would cause that individual's lifetime service on the Board to | ||||||
17 | be longer than 15 years. | ||||||
18 | In implementing the 5 year terms, the Secretary shall vary | ||||||
19 | the terms to enable the Board to have no more than 2 terms | ||||||
20 | expire in any one year. | ||||||
21 | The public member shall be a voting member and shall not | ||||||
22 | hold a license as a landscape architect, architect, | ||||||
23 | professional engineer, structural engineer, or a land | ||||||
24 | surveyor. The public member shall be an Illinois resident and a | ||||||
25 | citizen of the United States. | ||||||
26 | In making appointments to the Board, the Secretary shall |
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1 | give due consideration to recommendations by members of the | ||||||
2 | profession and by organizations therein. | ||||||
3 | The Secretary may remove any member of the Board for | ||||||
4 | misconduct, incompetence, neglect of duty, or for reasons | ||||||
5 | prescribed by law for removal of State officials. | ||||||
6 | The Secretary may remove a member of the Board who does not | ||||||
7 | attend 2 consecutive meetings. | ||||||
8 | A quorum of the Board shall consist of 4 Board members. A | ||||||
9 | quorum is required for Board decisions. | ||||||
10 | Each member of the Board may receive compensation as | ||||||
11 | determined by the Secretary and shall be reimbursed for all | ||||||
12 | actual traveling expenses. | ||||||
13 | Members of the Board shall be immune from suit in any | ||||||
14 | action based upon any disciplinary proceedings or other | ||||||
15 | activities performed in good faith as members of the Board. | ||||||
16 | Persons holding office as members of the Illinois Landscape | ||||||
17 | Architect Registration Board immediately prior to the | ||||||
18 | effective date of this Act under the Illinois Landscape | ||||||
19 | Architecture Act of 1989 shall continue as members of the Board | ||||||
20 | until the expiration of the term for which they were appointed | ||||||
21 | and until their successors are appointed and qualified. | ||||||
22 | Section 40. Powers and duties of the Board. | ||||||
23 | (a) The Board shall hold at least 3 regular meetings each | ||||||
24 | year. | ||||||
25 | (b) The Board shall annually elect a chairperson and a vice |
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1 | chairperson amongst its members who shall be landscape | ||||||
2 | architects. | ||||||
3 | (c) The Board, upon request by the Department, may make a | ||||||
4 | curriculum evaluation to determine if courses conform to the | ||||||
5 | requirements of approved landscape architectural programs. | ||||||
6 | (d) The Board shall assist the Department in conducting | ||||||
7 | oral interviews, disciplinary conferences, and formal | ||||||
8 | evidentiary hearings. | ||||||
9 | (e) The Department may, at any time, seek the expert advice | ||||||
10 | and knowledge of the Board on any matter relating to the | ||||||
11 | enforcement of this Act. | ||||||
12 | (f) The Board may appoint a subcommittee to serve as a | ||||||
13 | Complaint Committee to recommend the disposition of case files | ||||||
14 | according to procedures established by rule and any amendments | ||||||
15 | or changes thereto. | ||||||
16 | (g) The Board shall review applicant qualifications to sit | ||||||
17 | for the examination or for licensure and shall make | ||||||
18 | recommendations to the Department except for those applicant | ||||||
19 | qualifications that the Board designates as routinely | ||||||
20 | acceptable. The Department shall review the Board's | ||||||
21 | recommendations on applicant qualifications. The Secretary | ||||||
22 | shall notify the Board with an explanation of any deviation | ||||||
23 | from the Board's recommendation on applicant qualifications. | ||||||
24 | After review of the Secretary's explanation of his or her | ||||||
25 | reasons for deviation, the Board shall have the opportunity to | ||||||
26 | comment upon the Secretary's decision. |
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1 | (h) The Board may submit comments to the Secretary within a | ||||||
2 | reasonable time from notification of any final decision or | ||||||
3 | order from the Secretary that deviates from any report or | ||||||
4 | recommendation of the Board relating to the qualifications of | ||||||
5 | applicants, unlicensed practice, discipline of licensees or | ||||||
6 | registrants, or adoption of rules. | ||||||
7 | (i) The Board may recommend that the Department contract | ||||||
8 | with an individual or a corporation or other business entity to | ||||||
9 | assist in providing investigative, legal, prosecutorial, and | ||||||
10 | other services necessary to perform its duties. | ||||||
11 | Section 45. Application for license. Applications for | ||||||
12 | licensure shall be made to the Department in writing on forms | ||||||
13 | prescribed by the Department and shall be accompanied by the | ||||||
14 | required fee, which is not refundable. Any such application | ||||||
15 | shall require information as in the judgment of the Department | ||||||
16 | will enable the Department to pass on the qualifications of the | ||||||
17 | applicant to practice landscape architecture. The Department | ||||||
18 | may require an applicant, at the applicant's expense, to have | ||||||
19 | an evaluation of the applicant's education in a foreign country | ||||||
20 | by an evaluation service approved by the Board in accordance | ||||||
21 | with rules prescribed by the Department. | ||||||
22 | An applicant who has graduated from a landscape | ||||||
23 | architectural program outside the United States or its | ||||||
24 | territories and whose first language is not English shall | ||||||
25 | submit certification of passage of the Test of English as a |
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1 | Foreign Language (TOEFL) and a test of spoken English as | ||||||
2 | defined by rule. However, any such applicant who subsequently | ||||||
3 | earns an advanced degree from an accredited educational | ||||||
4 | institution in the United States or its territories shall not | ||||||
5 | be subject to this requirement. | ||||||
6 | Section 50. Social security number on license application. | ||||||
7 | In addition to any other information required to be contained | ||||||
8 | in the application, every application for an original license | ||||||
9 | under this Act shall include the applicant's social security | ||||||
10 | number, which shall be retained in the agency's records | ||||||
11 | pertaining to the license. As soon as practical, the Department | ||||||
12 | shall assign a customer's identification number to each | ||||||
13 | applicant for a license. | ||||||
14 | Every application for a renewal or restored license shall | ||||||
15 | require the applicant's customer identification number. | ||||||
16 | Section 55. Examination. | ||||||
17 | (a) No person shall receive a license under this Act until | ||||||
18 | such person has passed an examination that shall include the | ||||||
19 | Landscape Architect Registration Examination established by | ||||||
20 | the Council of Landscape Architectural Registration Boards for | ||||||
21 | examination of candidates for licensure as landscape | ||||||
22 | architects. | ||||||
23 | (b) The Department shall exempt from such written | ||||||
24 | examination an applicant who holds a registration or license in |
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1 | another state that has equivalent or substantially equivalent | ||||||
2 | requirements as the State of Illinois. | ||||||
3 | (c) The Department shall adopt rules determining | ||||||
4 | requirements for practical training and education. The | ||||||
5 | Department shall also adopt the examinations and recommended | ||||||
6 | grading procedures of the National Council of Landscape | ||||||
7 | Architectural Registration Boards and the accreditation | ||||||
8 | procedures of the Landscape Architectural Accrediting Board. | ||||||
9 | The Department shall issue a license to each applicant who | ||||||
10 | satisfies the requirements in this Section. Such licensure | ||||||
11 | shall be effective upon issuance. | ||||||
12 | (d) If an applicant neglects, fails without an approved | ||||||
13 | excuse, or refuses to take an examination or fails to pass an | ||||||
14 | examination to obtain a license under this Act within 3 years | ||||||
15 | after filing the application, the application shall be denied. | ||||||
16 | However, such applicant may thereafter submit a new application | ||||||
17 | accompanied by the required fee. | ||||||
18 | (e) Any landscape architect licensed under the Illinois | ||||||
19 | Landscape Architecture Act of 1989 on the effective date of | ||||||
20 | this Act shall be deemed licensed under this Act until his or | ||||||
21 | her license is revoked. Upon the revocation of the valid | ||||||
22 | license, the requirements for license renewal, license | ||||||
23 | restoration, or administrative proceedings shall apply. | ||||||
24 | Section 60. Qualifications for licensure. Any person who | ||||||
25 | has completed the course of study in and graduated from a |
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1 | college or school of landscape architecture accredited by the | ||||||
2 | Landscape Architectural Accreditation Board may apply for such | ||||||
3 | examination if that person submits evidence of a minimum of 2 | ||||||
4 | years' practical experience under the direct supervision of a | ||||||
5 | licensed landscape architect. | ||||||
6 | A person may be admitted to the examination upon presenting | ||||||
7 | to the Board evidence of: (1) having graduated with at least a | ||||||
8 | bachelor's degree in land surveying, architecture, | ||||||
9 | engineering, or urban or regional planning and (2) a minimum 6 | ||||||
10 | years of practical experience satisfactory to the Board under | ||||||
11 | the direct supervision of a licensed landscape architect. The | ||||||
12 | Board shall determine what qualifies as practical experience | ||||||
13 | under the direct supervision of a licensed landscape architect. | ||||||
14 | Section 65. Qualifications of applicants. Any person who is | ||||||
15 | of good moral character may apply for licensure if he or she is | ||||||
16 | a graduate with a first professional degree in landscape | ||||||
17 | architecture from a program accredited by the Landscape | ||||||
18 | Architectural Accrediting Board, has completed the examination | ||||||
19 | requirements set forth under Section 55, and has completed such | ||||||
20 | diversified professional training, including academic | ||||||
21 | training, as is required by rules of the Department. | ||||||
22 | Good moral character means such character as will enable a | ||||||
23 | person to discharge the fiduciary duties of a landscape | ||||||
24 | architect to that person's client and to the public in a manner | ||||||
25 | which protects health, safety and welfare. Evidence of |
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1 | inability to discharge such duties may include the commission | ||||||
2 | of an offense justifying discipline under Section 115. In | ||||||
3 | addition, the Department may take into consideration whether | ||||||
4 | the applicant has engaged in conduct or actions that would | ||||||
5 | constitute grounds for discipline under this Act. | ||||||
6 | Section 70. Display of license; seal. Every holder of a | ||||||
7 | license as a landscape architect shall display it in a | ||||||
8 | conspicuous place in the principal office of the landscape | ||||||
9 | architect. | ||||||
10 | Every landscape architect shall have a reproducible seal, | ||||||
11 | or facsimile, the print of which shall contain the name of the | ||||||
12 | landscape architect, the license number, and the words | ||||||
13 | "Licensed Landscape Architect, State of Illinois". The | ||||||
14 | landscape architect shall affix the signature, current date, | ||||||
15 | date of license expiration, and seal to the first sheet of any | ||||||
16 | bound set or loose sheets of technical submissions utilized as | ||||||
17 | contract documents between the parties to the contract or | ||||||
18 | prepared for the review and approval of any governmental or | ||||||
19 | public authority having jurisdiction by that landscape | ||||||
20 | architect or under that landscape architect's responsible | ||||||
21 | control. The sheet of technical submissions in which the seal | ||||||
22 | is affixed shall indicate those documents or parts thereof for | ||||||
23 | which the seal shall apply. The seal and dates may be | ||||||
24 | electronically affixed. The licensee may provide, at his or her | ||||||
25 | sole discretion, an original signature in the licensee's |
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1 | handwriting, a scanned copy of the document bearing an original | ||||||
2 | signature, or a signature generated by a computer. All | ||||||
3 | technical submissions issued by any corporation, partnership, | ||||||
4 | professional service corporation, or professional design firm | ||||||
5 | as registered under this Act shall contain the corporate or | ||||||
6 | assumed business name and design firm registration number, in | ||||||
7 | addition to any other seal requirements as in this Section. | ||||||
8 | As used in this Section, "responsible control" means that | ||||||
9 | amount of control over and detailed professional knowledge of | ||||||
10 | the content of technical submissions during their preparation | ||||||
11 | as is ordinarily exercised by architects applying the required | ||||||
12 | professional standard of care. Merely reviewing or reviewing | ||||||
13 | and correcting the technical submissions or any portion thereof | ||||||
14 | prepared by those not in the regular employment of the office | ||||||
15 | where the architect is resident without control over the | ||||||
16 | content of such work throughout its preparation does not | ||||||
17 | constitute responsible control. | ||||||
18 | A landscape architect licensed under this Act shall not | ||||||
19 | sign and seal technical submissions that were not prepared by | ||||||
20 | or under the responsible control of the landscape architect | ||||||
21 | except that: | ||||||
22 | (1) the landscape architect may sign and seal those | ||||||
23 | portions of the technical submissions that were prepared by | ||||||
24 | or under the responsible control of persons who hold a | ||||||
25 | license under this Act, and who shall have signed and | ||||||
26 | sealed the documents, if the landscape architect has |
| |||||||
| |||||||
1 | reviewed in whole or in part such portions and has either | ||||||
2 | coordinated their preparation or integrated them into his | ||||||
3 | or her work; | ||||||
4 | (2) the landscape architect may sign and seal portions | ||||||
5 | of the professional work that are not required by this Act | ||||||
6 | to be prepared by or under the responsible control of a | ||||||
7 | landscape architect if the landscape architect has | ||||||
8 | reviewed and adopted in whole or in part such portions and | ||||||
9 | has integrated them into his or her work; and | ||||||
10 | (3) a partner or corporate officer of a professional | ||||||
11 | design firm registered in Illinois who is licensed under | ||||||
12 | this Act and who has professional knowledge of the content | ||||||
13 | of the technical submissions and intends to be responsible | ||||||
14 | for the adequacy of the technical submissions, may sign and | ||||||
15 | seal technical submissions that are prepared by or under | ||||||
16 | the responsible control of landscape architects who are | ||||||
17 | licensed under this Act and who are in the regular | ||||||
18 | employment of the professional design firm. | ||||||
19 | The landscape architect exercising responsible control | ||||||
20 | under which the documents or portions of the documents were | ||||||
21 | prepared shall be identified on the documents or portions of | ||||||
22 | the documents by name and Illinois license number. | ||||||
23 | Any landscape architect who signs and seals technical | ||||||
24 | submissions not prepared by that landscape architect but | ||||||
25 | prepared under the landscape architect's responsible control | ||||||
26 | by persons not regularly employed in the office where the |
| |||||||
| |||||||
1 | landscape architect is resident shall maintain and make | ||||||
2 | available to the Board upon request for at least 5 years | ||||||
3 | following such signing and sealing adequate and complete | ||||||
4 | records demonstrating the nature and extent of the landscape | ||||||
5 | architect's control over and detailed professional knowledge | ||||||
6 | of such technical submissions throughout their preparation. | ||||||
7 | Section 75. Licenses; renewal; restoration; landscape | ||||||
8 | architects in military service. The expiration date and renewal | ||||||
9 | period for each license issued under this Act shall be set by | ||||||
10 | rule. The holder of a license may renew such license during the | ||||||
11 | month preceding the expiration date thereof by paying the | ||||||
12 | required fee. A landscape architect who has permitted his or | ||||||
13 | her license to expire or who has had his or her license on | ||||||
14 | inactive status may have his or her license restored by making | ||||||
15 | application to the Department and filing proof acceptable to | ||||||
16 | the Department of his or her fitness to have his or her license | ||||||
17 | restored, including sworn evidence certifying to active | ||||||
18 | practice in another jurisdiction satisfactory to the | ||||||
19 | Department, and by paying the required restoration fee. | ||||||
20 | If the person has not maintained an active practice in | ||||||
21 | another jurisdiction satisfactory to the Department, the Board | ||||||
22 | shall determine, by an evaluation program established by rule, | ||||||
23 | that person's fitness to resume active status and may require | ||||||
24 | that person to successfully complete an examination. | ||||||
25 | Any person whose license has been expired for more than 3 |
| |||||||
| |||||||
1 | years may have his or her license restored by making | ||||||
2 | application to the Department and filing proof acceptable to | ||||||
3 | the Department of his or her fitness to have his or her license | ||||||
4 | restored, including sworn evidence certifying to active | ||||||
5 | practice in another jurisdiction, and by paying the required | ||||||
6 | restoration fee. | ||||||
7 | However, any person whose license has expired while he or | ||||||
8 | she has been engaged (1) in federal service on active duty with | ||||||
9 | the Army of the United States, the United States Navy, the | ||||||
10 | Marine Corps, the Air Force, the Coast Guard, or the State | ||||||
11 | Militia called into the service or training of the United | ||||||
12 | States of America, or (2) in training or education under the | ||||||
13 | supervision of the United States preliminary to induction into | ||||||
14 | the military service, may have his or her license restored or | ||||||
15 | reinstated without paying any lapsed renewal fees or | ||||||
16 | restoration fee if within 2 years after termination of such | ||||||
17 | service, training, or education other than by dishonorable | ||||||
18 | discharge he or she furnishes the Department with an affidavit | ||||||
19 | to the effect that he or she has been so engaged and that his or | ||||||
20 | her service, training, or education has been so terminated. | ||||||
21 | Section 80. Continuing education. The Department may adopt | ||||||
22 | rules of continuing education for persons licensed under this | ||||||
23 | Act. The Department shall consider the recommendations of the | ||||||
24 | Board in establishing the guidelines for the continuing | ||||||
25 | education requirements. The requirements of this Section apply |
| |||||||
| |||||||
1 | to any person seeking renewal or restoration under Section 75 | ||||||
2 | or 85. | ||||||
3 | Section 85. Inactive status; restoration. A landscape | ||||||
4 | architect, who notifies the Department in writing on forms | ||||||
5 | prescribed by the Department, may elect to place his or her | ||||||
6 | license on inactive status and shall, subject to rules of the | ||||||
7 | Department, be excused from payment of renewal fees until he or | ||||||
8 | she notifies the Department in writing of his or her desire to | ||||||
9 | resume active status. | ||||||
10 | Any landscape architect requesting restoration from | ||||||
11 | inactive status shall be required to pay the current renewal | ||||||
12 | fee and shall have his or her license restored as provided in | ||||||
13 | Section 75. | ||||||
14 | Any landscape architect whose license is in an inactive | ||||||
15 | status shall not practice landscape architecture in the State | ||||||
16 | of Illinois. | ||||||
17 | Section 90. Landscape Architect, Retired. Pursuant to | ||||||
18 | Section 2105-15 of the Department of Professional Regulation | ||||||
19 | Law of the Civil Administrative Code of Illinois, the | ||||||
20 | Department may grant the title "Landscape Architect, Retired" | ||||||
21 | to any person who has been duly licensed as a landscape | ||||||
22 | architect by the Department and who has chosen to place on | ||||||
23 | inactive status or not renew his or her license. Those persons | ||||||
24 | granted the title "Landscape Architect, Retired" may request |
| |||||||
| |||||||
1 | restoration to active status under the applicable provisions of | ||||||
2 | this Act. | ||||||
3 | The use of the title "Landscape Architect, Retired" shall | ||||||
4 | not constitute representation of current licensure. Any person | ||||||
5 | without an active license shall not be permitted to practice | ||||||
6 | landscape architecture as defined in this Act. | ||||||
7 | Nothing in this Section shall be construed to require the | ||||||
8 | Department to issue any certificate, credential, or other | ||||||
9 | official document indicating that a person has been granted the | ||||||
10 | title "Landscape Architect, Retired". | ||||||
11 | Section 95. Endorsement. The Department may, in its | ||||||
12 | discretion, license as a landscape architect, without | ||||||
13 | examination on payment of the required fee, an applicant who is | ||||||
14 | a landscape architect licensed under the laws of another state | ||||||
15 | or territory if the requirements for licensure in the state or | ||||||
16 | territory in which the applicant was licensed were, at the date | ||||||
17 | of his licensure, substantially equivalent to the requirements | ||||||
18 | in force in this State on that date. | ||||||
19 | Applicants have 3 years from the date of application to | ||||||
20 | complete the application process. If the process has not been | ||||||
21 | completed within the 3 years, the application shall be denied, | ||||||
22 | the fee forfeited, and the applicant must reapply and meet the | ||||||
23 | requirements in effect at the time of reapplication. | ||||||
24 | Section 100. Fees. |
| |||||||
| |||||||
1 | (a) The Department shall provide by rule for a schedule of | ||||||
2 | fees to be paid for licenses by all applicants. All fees are | ||||||
3 | not refundable. | ||||||
4 | (b) The fees for the administration and enforcement of this | ||||||
5 | Act, including, but not limited to, original licensure, | ||||||
6 | renewal, and restoration, shall be set by rule by the | ||||||
7 | Department. | ||||||
8 | All of the fees and fines collected under this Section | ||||||
9 | shall be deposited into the Design Professionals | ||||||
10 | Administration and Investigation Fund. Of the moneys deposited | ||||||
11 | into the Design Professionals Administration and Investigation | ||||||
12 | Fund, the Department may use such funds as necessary and | ||||||
13 | available to produce and distribute newsletters to persons | ||||||
14 | licensed under this Act. | ||||||
15 | Any person who delivers a check or other payment to the | ||||||
16 | Department that is returned to the Department unpaid by the | ||||||
17 | financial institution upon which it is drawn shall pay to the | ||||||
18 | Department, in addition to the amount already owed to the | ||||||
19 | Department, a fine of $50. The fines imposed by this Section | ||||||
20 | are in addition to any other discipline provided under this Act | ||||||
21 | for unlicensed practice or practice on a non-renewed license. | ||||||
22 | The Department shall notify the person that payment of fees and | ||||||
23 | fines shall be paid to the Department by certified check or | ||||||
24 | money order within 30 calendar days of the notification. If, | ||||||
25 | after the expiration of 30 days from the date of the | ||||||
26 | notification, the person has failed to submit the necessary |
| |||||||
| |||||||
1 | remittance, the Department shall automatically terminate the | ||||||
2 | license or deny the application, without hearing. If, after | ||||||
3 | termination or denial, the person seeks a license, he or she | ||||||
4 | shall apply to the Department for restoration or issuance of | ||||||
5 | the license and pay all fees and fines due to the Department. | ||||||
6 | The Department may establish a fee for the processing of an | ||||||
7 | application for restoration of a license or certificate to pay | ||||||
8 | all expenses of processing this application. The Secretary may | ||||||
9 | waive the fines due under this Section in individual cases | ||||||
10 | where the Secretary finds that the fines would be unreasonable | ||||||
11 | or unnecessarily burdensome. | ||||||
12 | Section 105. Roster of licensees and registrants. A roster | ||||||
13 | showing the names and addresses of all landscape architects, | ||||||
14 | landscape architectural corporations and partnerships, and | ||||||
15 | professional design firms licensed or registered under this Act | ||||||
16 | shall be prepared by the Department each year. This roster | ||||||
17 | shall be organized by discipline and available by discipline | ||||||
18 | upon written request and payment of the required fee. | ||||||
19 | Section 110. Professional design firm registration; | ||||||
20 | conditions. | ||||||
21 | (a) Nothing in this Act shall prohibit the formation, under | ||||||
22 | the provisions of the Professional Service Corporation Act, of | ||||||
23 | a corporation to offer the practice of landscape architecture. | ||||||
24 | Any business, including a professional service |
| |||||||
| |||||||
1 | corporation, that includes the practice of landscape | ||||||
2 | architecture within its stated purposes, practices landscape | ||||||
3 | architecture, or holds itself out as available to practice | ||||||
4 | landscape architecture shall register with the Department | ||||||
5 | under this Section. Any professional service corporation, sole | ||||||
6 | proprietorship, or professional design firm offering landscape | ||||||
7 | architecture services must have a resident landscape architect | ||||||
8 | in responsible charge of the landscape architecture practices | ||||||
9 | in each location in which landscape architecture services are | ||||||
10 | provided who shall be designated as a managing agent. | ||||||
11 | Any sole proprietorship not owned and operated by an | ||||||
12 | Illinois licensed design professional licensed under this Act | ||||||
13 | is prohibited from offering landscape architecture services to | ||||||
14 | the public. "Illinois licensed design professional" means a | ||||||
15 | person who holds an active license as a landscape architect | ||||||
16 | under this Act, as an architect under the Illinois Architecture | ||||||
17 | Practice Act of 1989, as a structural engineer under the | ||||||
18 | Structural Engineering Practice Act of 1989, as a professional | ||||||
19 | engineer under the Professional Engineering Practice Act of | ||||||
20 | 1989, or as a professional land surveyor under the Professional | ||||||
21 | Land Surveyor Act of 1989. Any sole proprietorship owned and | ||||||
22 | operated by a landscape architect with an active license issued | ||||||
23 | under this Act and conducting or transacting such business | ||||||
24 | under an assumed name in accordance with the provisions of the | ||||||
25 | Assumed Business Name Act shall comply with the registration | ||||||
26 | requirements of a professional design firm. Any sole |
| |||||||
| |||||||
1 | proprietorship owned and operated by a landscape architect with | ||||||
2 | an active license issued under this Act and conducting or | ||||||
3 | transacting such business under the real name of the sole | ||||||
4 | proprietor is exempt from the registration requirements of a | ||||||
5 | professional design firm. | ||||||
6 | (b) Any corporation, including a professional service | ||||||
7 | corporation, partnership, limited liability company, or | ||||||
8 | professional design firm seeking to be registered under this | ||||||
9 | Section shall not be registered unless: | ||||||
10 | (1) two-thirds of the board of directors, in the case | ||||||
11 | of a corporation, or two-thirds of the general partners, in | ||||||
12 | the case of a partnership, or two-thirds of the members, in | ||||||
13 | the case of a limited liability company, are licensed under | ||||||
14 | the laws of any state to practice landscape architecture, | ||||||
15 | architecture, professional engineering, land surveying, or | ||||||
16 | structural engineering; and | ||||||
17 | (2) a managing agent is (A) a director in the case of a | ||||||
18 | corporation, a general partner in the case of a | ||||||
19 | partnership, or a member in the case of a limited liability | ||||||
20 | company, and (B) holds a license under this Act. | ||||||
21 | Any corporation, limited liability company, professional | ||||||
22 | service corporation, or partnership qualifying under this | ||||||
23 | Section and practicing in this State shall file with the | ||||||
24 | Department any information concerning its officers, directors, | ||||||
25 | members, managers, partners, or beneficial owners as the | ||||||
26 | Department may, by rule, require. |
| |||||||
| |||||||
1 | (c) No business shall offer the practice or hold itself out | ||||||
2 | as available to offer the practice of landscape architecture | ||||||
3 | until it is registered with the Department as a professional | ||||||
4 | design firm. Every entity registered as a professional design | ||||||
5 | firm shall display its certificate of registration or a | ||||||
6 | facsimile thereof in a conspicuous place in each office | ||||||
7 | offering architectural services. | ||||||
8 | (d) Any business seeking to be registered under this | ||||||
9 | Section shall make application on a form provided by the | ||||||
10 | Department and shall provide any information requested by the | ||||||
11 | Department, which shall include but shall not be limited to all | ||||||
12 | of the following: | ||||||
13 | (1) The name and landscape architect's license number | ||||||
14 | of at least one person designated as a managing agent. In | ||||||
15 | the case of a corporation, the corporation shall also | ||||||
16 | submit a certified copy of the resolution by the board of | ||||||
17 | directors designating at least one managing agent. If a | ||||||
18 | limited liability company, the company shall submit a | ||||||
19 | certified copy of either its articles of organization or | ||||||
20 | operating agreement designating at least one managing | ||||||
21 | agent. | ||||||
22 | (2) The names and landscape architect's, architect's, | ||||||
23 | professional engineer's, structural engineer's, or land | ||||||
24 | surveyor's license numbers of the directors, in the case of | ||||||
25 | a corporation, the members, in the case of a limited | ||||||
26 | liability company, or general partners, in the case of a |
| |||||||
| |||||||
1 | partnership. | ||||||
2 | (3) A list of all locations at which the professional | ||||||
3 | design firm provides landscape architectural services. | ||||||
4 | (4) A list of all assumed names of the business. | ||||||
5 | Nothing in this Section shall be construed to exempt a | ||||||
6 | business from compliance with the requirements of the Assumed | ||||||
7 | Business Name Act. | ||||||
8 | It is the responsibility of the professional design firm to | ||||||
9 | provide the Department notice, in writing, of any changes in | ||||||
10 | the information requested on the application. | ||||||
11 | (e) If a managing agent is terminated or terminates his or | ||||||
12 | her status as managing agent of the professional design firm, | ||||||
13 | the managing agent and professional design firm shall notify | ||||||
14 | the Department of this fact in writing, by certified mail, | ||||||
15 | within 10 business days of termination. | ||||||
16 | Thereafter, the professional design firm, if it has so | ||||||
17 | informed the Department, has 30 days in which to notify the | ||||||
18 | Department of the name and license number of the landscape | ||||||
19 | architect who is the newly designated managing agent. If a | ||||||
20 | corporation, the corporation shall also submit a certified copy | ||||||
21 | of a resolution by the board of directors designating the new | ||||||
22 | managing agent. If a limited liability company, the company | ||||||
23 | shall also submit a certified copy of either its articles of | ||||||
24 | organization or operating agreement designating the new | ||||||
25 | managing agent. The Department may, upon good cause shown, | ||||||
26 | extend the original 30 day period. |
| |||||||
| |||||||
1 | If the professional design firm has not notified the | ||||||
2 | Department in writing, by certified mail within the specified | ||||||
3 | time, the registration shall be terminated without prior | ||||||
4 | hearing. Notification of termination shall be sent by certified | ||||||
5 | mail to the address of record. If the professional design firm | ||||||
6 | continues to operate and offer landscape architecture services | ||||||
7 | after the termination, the Department may seek prosecution | ||||||
8 | under Sections 115 and 190 for the unlicensed practice of | ||||||
9 | landscape architecture. | ||||||
10 | (f) No professional design firm shall be relieved of | ||||||
11 | responsibility for the conduct or acts of its agents, | ||||||
12 | employees, or officers by reason of its compliance with this | ||||||
13 | Section nor shall any individual practicing landscape | ||||||
14 | architecture be relieved of the responsibility for | ||||||
15 | professional services performed by reason of the individual's | ||||||
16 | employment or relationship with a professional design firm | ||||||
17 | registered under this Section. | ||||||
18 | (g) Disciplinary action against a professional design firm | ||||||
19 | registered under this Section shall be administered in the same | ||||||
20 | manner and on the same grounds as disciplinary action against a | ||||||
21 | licensed landscape architect. All disciplinary action taken or | ||||||
22 | pending against a corporation or partnership before the | ||||||
23 | effective date of this Act shall be continued or remain in | ||||||
24 | effect without the Department filing separate actions. | ||||||
25 | Section 115. Refusal, suspension, and revocation of |
| |||||||
| |||||||
1 | licenses; causes. | ||||||
2 | (a) The Department may, singularly or in combination, | ||||||
3 | refuse to issue, renew, or restore or may suspend, revoke, | ||||||
4 | place on probation, or take other disciplinary or | ||||||
5 | non-disciplinary action as deemed appropriate, including, but | ||||||
6 | not limited to, the imposition of fines not to exceed $10,000 | ||||||
7 | for each violation, as the Department may deem proper, with | ||||||
8 | regard to a license for any one or combination of the following | ||||||
9 | causes: | ||||||
10 | (1) material misstatement in furnishing information to | ||||||
11 | the Department; | ||||||
12 | (2) negligence, incompetence, or misconduct in the | ||||||
13 | practice of landscape architecture; | ||||||
14 | (3) failure to comply with any of the provisions of | ||||||
15 | this Act or any of its rules; | ||||||
16 | (4) making any misrepresentation for the purpose of | ||||||
17 | obtaining licensure; | ||||||
18 | (5) purposefully making false statements or signing | ||||||
19 | false statements, certificates, or affidavits to induce | ||||||
20 | payment; | ||||||
21 | (6) conviction of or plea of guilty or nolo contendere | ||||||
22 | to any crime that is a felony under the laws of the United | ||||||
23 | States or any state or territory thereof or that is a | ||||||
24 | misdemeanor, an essential element of which is dishonesty, | ||||||
25 | or any crime that is directly related to the practice of | ||||||
26 | the profession of landscape architecture; |
| |||||||
| |||||||
1 | (7) aiding or assisting another person in violating any | ||||||
2 | provision of this Act or its rules; | ||||||
3 | (8) signing or affixing the landscape architect's seal | ||||||
4 | or permitting the landscape architect's seal to be affixed | ||||||
5 | to any technical submission not prepared by the landscape | ||||||
6 | architect or under that landscape architect's responsible | ||||||
7 | control; | ||||||
8 | (9) engaging in dishonorable, unethical, or | ||||||
9 | unprofessional conduct of a character likely to deceive, | ||||||
10 | defraud, or harm the public; | ||||||
11 | (10) habitual or excessive use or addiction to alcohol, | ||||||
12 | narcotics, stimulants, or any other chemical agent or drug | ||||||
13 | that results in the inability to practice with reasonable | ||||||
14 | judgment, skill, or safety; | ||||||
15 | (11) a finding by the Board that an applicant, | ||||||
16 | licensee, or registrant has failed to pay a fine imposed by | ||||||
17 | the Department or a registrant or licensee, whose | ||||||
18 | registration or license has been placed on probationary | ||||||
19 | status, has violated the terms of probation; | ||||||
20 | (12) discipline by another state, territory, foreign | ||||||
21 | country, the District of Columbia, the United States | ||||||
22 | government, or any other governmental agency, if at least | ||||||
23 | one of the grounds for discipline is the same or | ||||||
24 | substantially equivalent to those set forth herein; | ||||||
25 | (13) failure to provide information in response to a | ||||||
26 | written request made by the Department within 30 days after |
| |||||||
| |||||||
1 | the receipt of such written request; | ||||||
2 | (14) physical illness, including, but not limited to, | ||||||
3 | deterioration through the aging process or loss of motor | ||||||
4 | skill, mental illness, or disability that results in the | ||||||
5 | inability to practice the profession with reasonable | ||||||
6 | judgment, skill, and safety, including without limitation | ||||||
7 | deterioration through the aging process, mental illness, | ||||||
8 | or disability. | ||||||
9 | (b) In enforcing this Section, the Department or Board, | ||||||
10 | upon a showing of a possible violation, may order a licensee or | ||||||
11 | applicant to submit to a mental or physical examination, or | ||||||
12 | both, at the expense of the Department. The Department or Board | ||||||
13 | may order the examining physician to present testimony | ||||||
14 | concerning his or her examination of the licensee or applicant. | ||||||
15 | No information shall be excluded by reason of any common law or | ||||||
16 | statutory privilege relating to communications between the | ||||||
17 | licensee or applicant and the examining physician. The | ||||||
18 | examining physicians shall be specifically designated by the | ||||||
19 | Board or Department. The licensee or applicant may have, at his | ||||||
20 | or her own expense, another physician of his or her choice | ||||||
21 | present during all aspects of the examination. Failure of a | ||||||
22 | licensee or applicant to submit to any such examination when | ||||||
23 | directed, without reasonable cause as defined by rule, shall be | ||||||
24 | grounds for either the immediate suspension of his or her | ||||||
25 | license or immediate denial of his or her application. | ||||||
26 | If the Secretary immediately suspends the license of a |
| |||||||
| |||||||
1 | licensee for his or her failure to submit to a mental or | ||||||
2 | physical examination when directed, a hearing must be convened | ||||||
3 | by the Department within 15 days after the suspension and | ||||||
4 | completed without appreciable delay. | ||||||
5 | If the Secretary otherwise suspends a license pursuant to | ||||||
6 | the results of the licensee's mental or physical examination, a | ||||||
7 | hearing must be convened by the Department within 15 days after | ||||||
8 | the suspension and completed without appreciable delay. The | ||||||
9 | Department and Board shall have the authority to review the | ||||||
10 | licensee's record of treatment and counseling regarding the | ||||||
11 | relevant impairment or impairments to the extent permitted by | ||||||
12 | applicable federal statutes and regulations safeguarding the | ||||||
13 | confidentiality of medical records. | ||||||
14 | Any licensee suspended under this subsection (b) shall be | ||||||
15 | afforded an opportunity to demonstrate to the Department or | ||||||
16 | Board that he or she can resume practice in compliance with the | ||||||
17 | acceptable and prevailing standards under the provisions of his | ||||||
18 | or her license. | ||||||
19 | (c) The determination by a circuit court that a licensee is | ||||||
20 | subject to involuntary admission or judicial admission, as | ||||||
21 | provided in the Mental Health and Developmental Disabilities | ||||||
22 | Code, operates as an automatic suspension. Such suspension will | ||||||
23 | end only upon a finding by a court that the patient is no | ||||||
24 | longer subject to involuntary admission or judicial admission, | ||||||
25 | the issuance of an order so finding and discharging the | ||||||
26 | patient, and the recommendation of the Board to the Secretary |
| |||||||
| |||||||
1 | that the licensee be allowed to resume practice. | ||||||
2 | (d) In cases where the Department of Healthcare and Family | ||||||
3 | Services has previously determined that a licensee or a | ||||||
4 | potential licensee is more than 30 days delinquent in the | ||||||
5 | payment of child support and has subsequently certified the | ||||||
6 | delinquency to the Department, the Department shall refuse to | ||||||
7 | issue or renew or shall revoke or suspend that person's license | ||||||
8 | or shall take other disciplinary action against that person | ||||||
9 | based solely upon the certification of delinquency made by the | ||||||
10 | Department of Healthcare and Family Services in accordance with | ||||||
11 | paragraph (5) of subsection (a) of Section 2105-15 of the | ||||||
12 | Department of Professional Regulation Law of the Civil | ||||||
13 | Administrative Code of Illinois. | ||||||
14 | (e) The Department shall deny a license or renewal | ||||||
15 | authorized by this Act to a person who has failed to file a | ||||||
16 | return, to pay the tax, penalty, or interest shown in a filed | ||||||
17 | return, or to pay any final assessment of tax, penalty, or | ||||||
18 | interest as required by any tax Act administered by the | ||||||
19 | Department of Revenue, until the requirements of the tax Act | ||||||
20 | are satisfied in accordance with subsection (g) of Section | ||||||
21 | 2105-15 of the Department of Professional Regulation Law of the | ||||||
22 | Civil Administrative Code of Illinois. | ||||||
23 | (f) Persons who assist the Department as consultants or | ||||||
24 | expert witnesses in the investigation or prosecution of alleged | ||||||
25 | violations of this Act, licensure matters, restoration | ||||||
26 | proceedings, or criminal prosecutions shall not be liable for |
| |||||||
| |||||||
1 | damages in any civil action or proceeding as a result of such | ||||||
2 | assistance, except upon proof of actual malice. The Attorney | ||||||
3 | General shall defend such persons in any such action or | ||||||
4 | proceeding. | ||||||
5 | Section 120. Violations; injunction; cease and desist | ||||||
6 | order. | ||||||
7 | (a) If any person or entity violates a provision of this | ||||||
8 | Act, the Secretary may, in the name of the People of the State | ||||||
9 | of Illinois, through the Attorney General of the State of | ||||||
10 | Illinois, petition for an order enjoining such violation or for | ||||||
11 | an order enforcing compliance with this Act. Upon the filing of | ||||||
12 | a verified petition in such court, the court may issue a | ||||||
13 | temporary restraining order, without notice or bond, and may | ||||||
14 | preliminarily and permanently enjoin such violation. If it is | ||||||
15 | established that such person or entity has violated or is | ||||||
16 | violating the injunction, the Court may punish the offender for | ||||||
17 | contempt of court. Proceedings under this Section are in | ||||||
18 | addition to, and not in lieu of, all other remedies and | ||||||
19 | penalties provided by this Act. | ||||||
20 | (b) If any person or entity practices as a landscape | ||||||
21 | architect or holds himself out as a "landscape architect", | ||||||
22 | "professional landscape architect", "registered landscape | ||||||
23 | architect", "licensed landscape architect", "landscape | ||||||
24 | architect design profession", any other title that includes the | ||||||
25 | words "landscape architect" or "landscape architecture", or |
| |||||||
| |||||||
1 | professional design firm without being licensed or registered | ||||||
2 | under the provisions of this Act, then any landscape architect, | ||||||
3 | any interested party or any person injured thereby may, in | ||||||
4 | addition to the Secretary, petition for relief as provided in | ||||||
5 | subsection (a) of this Section. | ||||||
6 | (c) Whenever in the opinion of the Department any person or | ||||||
7 | entity violates any provision of this Act, the Department may | ||||||
8 | issue a rule to show cause why an order to cease and desist | ||||||
9 | should not be entered against him. The rule shall clearly set | ||||||
10 | forth the grounds relied upon by the Department and shall | ||||||
11 | provide a period of 7 days from the date of the rule to file an | ||||||
12 | answer to the satisfaction of the Department. Failure to answer | ||||||
13 | to the satisfaction of the Department shall cause an order to | ||||||
14 | cease and desist to be issued immediately. | ||||||
15 | Section 125. Unlicensed practice; violation; civil | ||||||
16 | penalty. | ||||||
17 | (a) Any person who practices, offers to practice, attempts | ||||||
18 | to practice, or holds oneself out to practice as a landscape | ||||||
19 | architect without being licensed under this Act shall, in | ||||||
20 | addition to any other penalty provided by law, pay a civil | ||||||
21 | penalty to the Department in an amount not to exceed $10,000 | ||||||
22 | for each offense as determined by the Department. The civil | ||||||
23 | penalty shall be assessed by the Department after a hearing is | ||||||
24 | held in accordance with the provisions set forth in this Act | ||||||
25 | regarding the provision of a hearing for the discipline of a |
| |||||||
| |||||||
1 | licensee. | ||||||
2 | (b) Any entity that advertises landscape architecture | ||||||
3 | services in a telecommunications directory must include its | ||||||
4 | landscape architecture firm registration number or, in the case | ||||||
5 | of a sole proprietor, his or her individual license number. | ||||||
6 | Nothing in this subsection (b) requires the publisher of a | ||||||
7 | telecommunications directory to investigate or verify the | ||||||
8 | accuracy of the registration or license number provided by the | ||||||
9 | advertiser of landscape architecture services. | ||||||
10 | (c) The Department has the authority and power to | ||||||
11 | investigate any and all unlicensed activity. | ||||||
12 | (d) The civil penalty shall be paid within 60 days after | ||||||
13 | the effective date of the order imposing the civil penalty. The | ||||||
14 | order shall constitute a judgment and may be filed and | ||||||
15 | execution had thereon in the same manner as any judgment from | ||||||
16 | any court of record. | ||||||
17 | Section 130. Investigations; notice and hearing. The | ||||||
18 | Department may investigate the actions of any applicant or of | ||||||
19 | any person or entity holding or claiming to hold a license or | ||||||
20 | registration. Before the initiation of an investigation, the | ||||||
21 | matter shall be reviewed by a subcommittee of the Board | ||||||
22 | according to procedures established by rule for the Complaint | ||||||
23 | Committee. The Department shall, before refusing to restore, | ||||||
24 | issue or renew a license or registration, or discipline a | ||||||
25 | licensee or registrant, at least 30 days prior to the date set |
| |||||||
| |||||||
1 | for the hearing, notify in writing the applicant for, or holder | ||||||
2 | of, a license or registration of the nature of the charges and | ||||||
3 | that a hearing will be held on the date designated, and direct | ||||||
4 | the applicant or licensee or registrant to file a written | ||||||
5 | answer to the Board under oath within 20 days after the service | ||||||
6 | of the notice and inform the applicant or licensee or | ||||||
7 | registrant that failure to file an answer will result in | ||||||
8 | default being taken against the applicant or licensee or | ||||||
9 | registrant and that the license or registration may be | ||||||
10 | suspended, revoked, or placed on probationary status or other | ||||||
11 | disciplinary action may be taken, including limiting the scope, | ||||||
12 | nature, or extent of practice, as the Secretary may deem | ||||||
13 | proper. Written notice may be served by personal delivery or | ||||||
14 | certified or registered mail to the respondent at the address | ||||||
15 | of record with the Department. In case the person or entity | ||||||
16 | fails to file an answer after receiving notice, his or her | ||||||
17 | license or registration may, in the discretion of the | ||||||
18 | Department, be suspended, revoked, or placed on probationary | ||||||
19 | status or the Department may take whatever disciplinary action | ||||||
20 | deemed proper, including limiting the scope, nature, or extent | ||||||
21 | of the person's practice or the imposition of a fine, without a | ||||||
22 | hearing, if the act or acts charged constitute sufficient | ||||||
23 | grounds for such action under this Act. At the time and place | ||||||
24 | fixed in the notice, the Board shall proceed to hear the | ||||||
25 | charges and the parties or their counsel shall be accorded | ||||||
26 | ample opportunity to present such statements, testimony, |
| |||||||
| |||||||
1 | evidence, and argument as may be pertinent to the charges or to | ||||||
2 | their defense. The Board may continue the hearing from time to | ||||||
3 | time. | ||||||
4 | Section 135. Stenographer; transcript. The Department, at | ||||||
5 | its expense, shall preserve a record of all proceedings at the | ||||||
6 | formal hearing of any case involving the refusal to restore, | ||||||
7 | issue, or renew a license or the discipline of a licensee. The | ||||||
8 | notice of hearing, complaint, and all other documents in the | ||||||
9 | nature of pleadings and written motions filed in the | ||||||
10 | proceedings, the transcript of testimony, the report of the | ||||||
11 | Board, and the orders of the Department shall be the record of | ||||||
12 | the proceedings. A transcript of the record may be made | ||||||
13 | available to any person interested in the hearing upon payment | ||||||
14 | of the fee required by Section 2105-115 of the Department of | ||||||
15 | Professional Regulation Law of the Civil Administrative Code of | ||||||
16 | Illinois. | ||||||
17 | Section 140. Subpoenas; depositions; oaths. The Department | ||||||
18 | has power to subpoena documents, books, records, or other | ||||||
19 | materials and to bring before it any person and to take | ||||||
20 | testimony, either orally or by deposition, or take written | ||||||
21 | interrogatories, or any combination thereof, with the same fees | ||||||
22 | and mileage and in the same manner as is prescribed in civil | ||||||
23 | cases in the courts of this State. | ||||||
24 | The Secretary, the designated hearing officer, and every |
| |||||||
| |||||||
1 | member of the Board has the power to administer oaths to | ||||||
2 | witnesses at any hearing that the Department is authorized to | ||||||
3 | conduct and any other oaths authorized in any Act administered | ||||||
4 | by the Department. | ||||||
5 | Section 145. Procedure to compel attendance of witnesses. | ||||||
6 | Any circuit court, upon the application of the accused person | ||||||
7 | or complainant or of the Department, may, by order duly | ||||||
8 | entered, require the attendance of witnesses and the production | ||||||
9 | of relevant books and papers before the Department in any | ||||||
10 | hearing relative to the application for or refusal, recall, | ||||||
11 | suspension or revocation of a license, or the discipline of a | ||||||
12 | licensee, and the court may compel obedience to its order by | ||||||
13 | proceedings for contempt. | ||||||
14 | Section 150. Report of Board; rehearing. After the | ||||||
15 | hearing, the Board shall present to the Secretary its written | ||||||
16 | report of its findings and recommendations. A copy of such | ||||||
17 | report shall be served upon the accused person, either | ||||||
18 | personally or by registered or certified mail as provided in | ||||||
19 | this Act for the service of the notice. Within 20 days after | ||||||
20 | such service, the accused person may present to the Department | ||||||
21 | his or her motion in writing for a rehearing that shall specify | ||||||
22 | the particular grounds for rehearing. If the accused person | ||||||
23 | orders and pays for a transcript of the record as provided in | ||||||
24 | this Section, the time elapsing before such transcript is ready |
| |||||||
| |||||||
1 | for delivery to him or her shall not be counted as part of such | ||||||
2 | 20 days. | ||||||
3 | If the Secretary is not satisfied that substantial justice | ||||||
4 | has been done, he or she may order a rehearing by the same or | ||||||
5 | another special board. At the expiration of the time specified | ||||||
6 | for filing a motion for a rehearing the Secretary has the right | ||||||
7 | to take the action recommended by the Board. | ||||||
8 | Section 155. Hearing officer. Notwithstanding the | ||||||
9 | provisions of Section 150, the Secretary has the authority to | ||||||
10 | appoint any attorney duly licensed to practice law in the State | ||||||
11 | of Illinois to serve as the hearing officer in any action under | ||||||
12 | Section 130. The Secretary shall notify the Board of any such | ||||||
13 | appointment. The hearing officer has full authority to conduct | ||||||
14 | the hearing. The Board has the right to have at least one | ||||||
15 | member present at any hearing conducted by such hearing | ||||||
16 | officer. The hearing officer shall report his or her findings | ||||||
17 | of fact, conclusions of law, and recommendations to the Board | ||||||
18 | and the Secretary. The Board has 60 days from receipt of the | ||||||
19 | report to review the report of the hearing officer and present | ||||||
20 | its findings of fact, conclusions of law and recommendations to | ||||||
21 | the Secretary. If the Board fails to present its report within | ||||||
22 | the 60 day period, the Secretary may issue an order based on | ||||||
23 | the report of the hearing officer. If the Secretary disagrees | ||||||
24 | in any regard with the report of the Board or hearing officer, | ||||||
25 | he or she may issue an order in contravention thereof. The |
| |||||||
| |||||||
1 | Secretary shall notify the Board on any such deviation and | ||||||
2 | shall specify with particularity the reasons for such action in | ||||||
3 | the final order. | ||||||
4 | Section 160. Order to be prima facie proof. An order of | ||||||
5 | revocation or suspension or a certified copy thereof, over the | ||||||
6 | seal of the Department and purporting to be signed by the | ||||||
7 | Secretary, shall be prima facie proof that: | ||||||
8 | (1) the signature is the genuine signature of the | ||||||
9 | Secretary; | ||||||
10 | (2) the Secretary is duly appointed and qualified; and | ||||||
11 | (3) the Board and the members thereof are qualified to | ||||||
12 | act. | ||||||
13 | Such proof may be rebutted. | ||||||
14 | Section 165. Restoration of suspended or revoked license. | ||||||
15 | At any time after the successful completion of a term of | ||||||
16 | suspension or revocation of a license, the Department may | ||||||
17 | restore it to the licensee, upon the written recommendation of | ||||||
18 | the Board, unless after an investigation and a hearing the | ||||||
19 | Board determines that restoration is not in the public | ||||||
20 | interest. | ||||||
21 | Section 170. Surrender of license. Upon the revocation or | ||||||
22 | suspension of any license, the licensee shall immediately | ||||||
23 | surrender the license or licenses to the Department and if the |
| |||||||
| |||||||
1 | licensee fails to do so, the Department has the right to seize | ||||||
2 | the license. | ||||||
3 | Section 175. Temporary suspension of a license. The | ||||||
4 | Secretary may temporarily suspend the license of a landscape | ||||||
5 | architect without a hearing, simultaneously with the | ||||||
6 | institution of proceedings for a hearing provided for in | ||||||
7 | Section 130, if the Secretary finds that evidence in his or her | ||||||
8 | possession indicates that a landscape architect's continuation | ||||||
9 | in practice would constitute an imminent danger to the public. | ||||||
10 | In the event that the Secretary temporarily suspends the | ||||||
11 | license of a landscape architect without a hearing, a hearing | ||||||
12 | by the Board must be held within 30 days after such suspension | ||||||
13 | has occurred. | ||||||
14 | Section 180. Review under Administrative Review Law; | ||||||
15 | venue. All final administrative decisions of the Department | ||||||
16 | hereunder are subject to judicial review pursuant to the | ||||||
17 | provisions of the Administrative Review Law and its rules. The | ||||||
18 | term "administrative decision" is defined as in Section 3-101 | ||||||
19 | of the Code of Civil Procedure. | ||||||
20 | Such proceedings for judicial review shall be commenced in | ||||||
21 | the circuit court of the county in which the party applying for | ||||||
22 | review resides, but if such party is not a resident of this | ||||||
23 | State, the venue shall be in Sangamon County. |
| |||||||
| |||||||
1 | Section 185. Certification of record. The Department shall | ||||||
2 | not be required to certify any record to the court or file any | ||||||
3 | answer in court or otherwise appear in any court in a judicial | ||||||
4 | review proceeding, unless there is filed in the court with the | ||||||
5 | complaint a receipt from the Department acknowledging payment | ||||||
6 | of the costs of furnishing and certifying the record. Failure | ||||||
7 | on the part of the plaintiff to file such receipt in court | ||||||
8 | shall be grounds for dismissal of the action. | ||||||
9 | Section 190. Violations. Each of the following acts | ||||||
10 | constitutes a Class A misdemeanor for the first offense and a | ||||||
11 | Class 4 felony for a second or subsequent offense: | ||||||
12 | (1) the practice, attempt to practice or offer to | ||||||
13 | practice landscape architecture or the advertising or | ||||||
14 | putting out of any sign or card or other device that might | ||||||
15 | indicate to the public that the person is entitled to | ||||||
16 | practice landscape architecture, without a license as a | ||||||
17 | landscape architect, or registration as a professional | ||||||
18 | design firm issued by the Department; each day of | ||||||
19 | practicing landscape architecture or attempting to | ||||||
20 | practice landscape architecture, and each instance of | ||||||
21 | offering to practice landscape architecture, without a | ||||||
22 | license as a landscape architect or registration as a | ||||||
23 | professional design firm constitutes a separate offense; | ||||||
24 | (2) the making of any willfully false oath or | ||||||
25 | affirmation in any matter or proceeding where an oath or |
| |||||||
| |||||||
1 | affirmation is required by this Act; | ||||||
2 | (3) the affixing of a landscape architect's seal to any | ||||||
3 | technical submissions that have not been prepared by that | ||||||
4 | landscape architect or under the landscape architect's | ||||||
5 | responsible control; | ||||||
6 | (4) the violation of any provision of this Act or its | ||||||
7 | rules; | ||||||
8 | (5) using or attempting to use an expired, inactive, | ||||||
9 | suspended, or revoked license, or the certificate or seal | ||||||
10 | of another, or impersonating another licensee; | ||||||
11 | (6) obtaining or attempting to obtain a license or | ||||||
12 | registration by fraud; or | ||||||
13 | (7) if any person, sole proprietorship, professional | ||||||
14 | service corporation, limited liability company, | ||||||
15 | corporation or partnership, or other entity practices | ||||||
16 | architecture or advertises or displays any sign or card or | ||||||
17 | other device that might indicate to the public that the | ||||||
18 | person or entity is entitled to practice as a landscape | ||||||
19 | architect or use the title "landscape architect" or any of | ||||||
20 | its derivations unless the person or other entity holds an | ||||||
21 | active license as an architect or registration as a | ||||||
22 | professional design firm in the State; then, in addition to | ||||||
23 | any other penalty provided by law any person or other | ||||||
24 | entity who violates this paragraph (7) shall forfeit and | ||||||
25 | pay to the Design Professionals Administration and | ||||||
26 | Investigation Fund a civil penalty in an amount determined |
| |||||||
| |||||||
1 | by the Department of not more than $10,000 for each | ||||||
2 | offense. | ||||||
3 | Section 195. Landscape architecture intern. An | ||||||
4 | unlicensed person who has completed the education | ||||||
5 | requirements, is actively participating in the diversified | ||||||
6 | professional training, and maintains in good standing a | ||||||
7 | training record as required for licensure by this Act may use | ||||||
8 | the title "landscape architecture intern" but may not | ||||||
9 | independently engage in the practice of landscape | ||||||
10 | architecture. | ||||||
11 | Section 200. Illinois Administrative Procedure Act; | ||||||
12 | application. The Illinois Administrative Procedure Act is | ||||||
13 | hereby expressly adopted and incorporated herein as if all of | ||||||
14 | the provisions of that Act were included in this Act, except | ||||||
15 | that the provision of subsection (d) of Section 10-65 of the | ||||||
16 | Illinois Administrative Procedure Act that provides that at | ||||||
17 | hearings the licensee has the right to show compliance with all | ||||||
18 | lawful requirements for retention, continuation or renewal of | ||||||
19 | the license is specifically excluded. For the purposes of this | ||||||
20 | Act, the notice required under Section 10-25 of the Illinois | ||||||
21 | Administrative Procedure Act is deemed sufficient when mailed | ||||||
22 | to the last known address of a party. | ||||||
23 | Section 205. Confidentiality. All information collected by |
| |||||||
| |||||||
1 | the Department in the course of an examination or investigation | ||||||
2 | of a licensee or applicant, including, but not limited to, any | ||||||
3 | complaint against a licensee filed with the Department and | ||||||
4 | information collected to investigate any such complaint, shall | ||||||
5 | be maintained for the confidential use of the Department and | ||||||
6 | shall not be disclosed. The Department may not disclose the | ||||||
7 | information to anyone other than law enforcement officials, | ||||||
8 | other regulatory agencies that have an appropriate regulatory | ||||||
9 | interest as determined by the Secretary, or a party presenting | ||||||
10 | a lawful subpoena to the Department. Information and documents | ||||||
11 | disclosed to a federal, State, county, or local law enforcement | ||||||
12 | agency shall not be disclosed by the agency for any purpose to | ||||||
13 | any other agency or person. A formal complaint filed against a | ||||||
14 | licensee by the Department or any order issued by the | ||||||
15 | Department against a licensee or applicant shall be a public | ||||||
16 | record, except as otherwise prohibited by law. | ||||||
17 | Section 210. Fund; appropriations; investments; audits. | ||||||
18 | Moneys deposited in the Design Professionals Administration | ||||||
19 | and Investigation Fund shall be appropriated to the Department | ||||||
20 | exclusively for expenses of the Department and the Board in the | ||||||
21 | administration of this Act, the Illinois Architecture Practice | ||||||
22 | Act of 1989, the Illinois Professional Land Surveyor Act of | ||||||
23 | 1989, the Professional Engineering Practice Act of 1989, and | ||||||
24 | the Structural Engineering Practice Act of 1989. The expenses | ||||||
25 | of the Department under this Act shall be limited to the |
| |||||||
| |||||||
1 | ordinary and contingent expenses of the Design Professionals | ||||||
2 | Dedicated Employees within the Department as established under | ||||||
3 | Section 2105-75 of the Department of Professional Regulation | ||||||
4 | Law of the Civil Administrative Code of Illinois and other | ||||||
5 | expenses related to the administration and enforcement of this | ||||||
6 | Act. | ||||||
7 | Moneys from the Fund may also be used for direct and | ||||||
8 | allocable indirect costs related to the public purposes of the | ||||||
9 | Department of Financial and Professional Regulation. Moneys in | ||||||
10 | the Fund may be transferred to the Professions Indirect Cost | ||||||
11 | Fund as authorized by Section 2105-300 of the Department of | ||||||
12 | Professional Regulation Law of the Civil Administrative Code of | ||||||
13 | Illinois. | ||||||
14 | All fines and penalties under Sections 115 and 190 shall be | ||||||
15 | deposited into the Design Professionals Administration and | ||||||
16 | Investigation Fund. | ||||||
17 | Moneys in the Design Professionals Administration and | ||||||
18 | Investigation Fund may be invested and reinvested, with all | ||||||
19 | earnings received from the investments to be deposited into the | ||||||
20 | Design Professionals Administration and Investigation Fund and | ||||||
21 | used for the same purposes as fees deposited into the Fund. | ||||||
22 | Upon the completion of any audit of the Department as | ||||||
23 | prescribed by the Illinois State Auditing Act that includes an | ||||||
24 | audit of the Design Professionals Administration and | ||||||
25 | Investigation Fund, the Department shall make the audit open to | ||||||
26 | inspection by any interested person. The copy of the audit |
| |||||||
| |||||||
1 | report required to be submitted to the Department by this | ||||||
2 | Section is an addition to copies of audit reports required to | ||||||
3 | be submitted to other State officers and agencies by Section | ||||||
4 | 3-14 of the Illinois State Auditing Act. | ||||||
5 | Section 215. Public policy. It is declared to be the public | ||||||
6 | policy of this State, pursuant to paragraph (h) of Section 6 of | ||||||
7 | Article VII of the Illinois Constitution of 1970, that any | ||||||
8 | power or function set forth in this Act to be exercised by the | ||||||
9 | State is an exclusive State power or function. Such power or | ||||||
10 | function shall not be exercised concurrently, either directly | ||||||
11 | or indirectly, by any unit of local government, including home | ||||||
12 | rule units, except as otherwise provided in this Act. This is a | ||||||
13 | limitation of home rule powers. | ||||||
14 | Section 220. Reinstatement of existing licenses; rules in | ||||||
15 | force. All licenses and certificates of registration in effect | ||||||
16 | on December 31, 2019 and issued pursuant to the Illinois | ||||||
17 | Landscape Architecture Act of 1989 are reinstated for the | ||||||
18 | balance of the term for which last issued. All rules in effect | ||||||
19 | on December 31, 2019 and adopted pursuant to the Illinois | ||||||
20 | Landscape Architecture Act of 1989 shall remain in full force | ||||||
21 | and effect on the effective date of this Act without being | ||||||
22 | adopted again by the Department, except to the extent any such | ||||||
23 | rule is inconsistent with any provision of this Act. All | ||||||
24 | disciplinary action, taken or pending, pursuant to the Illinois |
| |||||||
| |||||||
1 | Landscape Architecture Act of 1989 shall, for the actions | ||||||
2 | taken, remain in effect, and for the action pending, shall be | ||||||
3 | continued, on the effective date of this Act without having | ||||||
4 | separate actions filed by the Department. | ||||||
5 | Section 900. The Regulatory Sunset Act is amended by adding | ||||||
6 | Section 4.40 as follows: | ||||||
7 | (5 ILCS 80/4.40 new) | ||||||
8 | Sec. 4.40. Act repealed on January 1, 2030. The following | ||||||
9 | Act is repealed on January 1, 2030: | ||||||
10 | The Illinois Landscape Architecture Practice Act of 2019. | ||||||
11 | Section 905. The Park District Code is amended by changing | ||||||
12 | Section 8-50 as follows: | ||||||
13 | (70 ILCS 1205/8-50) | ||||||
14 | Sec. 8-50. Definitions. For the purposes of Sections 8-50 | ||||||
15 | through 8-57, the following terms shall have the following | ||||||
16 | meanings, unless the context requires a different meaning: | ||||||
17 | "Delivery system" means the design and construction | ||||||
18 | approach used to develop and construct a project. | ||||||
19 | "Design-bid-build" means the traditional delivery system | ||||||
20 | used on public projects that incorporates the Local Government | ||||||
21 | Professional Services Selection Act and the principles of | ||||||
22 | competitive selection. |
| |||||||
| |||||||
1 | "Design-build" means a delivery system that provides | ||||||
2 | responsibility within a single contract for the furnishing of | ||||||
3 | architecture, engineering, land surveying, and related | ||||||
4 | services as required, and the labor, materials, equipment, and | ||||||
5 | other construction services for the project. | ||||||
6 | "Design-build contract" means a contract for a public | ||||||
7 | project under this Act between any park district and a | ||||||
8 | design-build entity to furnish architecture, engineering, land | ||||||
9 | surveying, landscape architecture, and related services as | ||||||
10 | required, and to furnish the labor, materials, equipment, and | ||||||
11 | other construction services for the project. The design-build | ||||||
12 | contract may be conditioned upon subsequent refinements in | ||||||
13 | scope and price and may allow the park district to make | ||||||
14 | modifications in the project scope without invalidating the | ||||||
15 | design-build contract. | ||||||
16 | "Design-build entity" means any individual, sole | ||||||
17 | proprietorship, firm, partnership, joint venture, corporation, | ||||||
18 | professional corporation, or other entity that proposes to | ||||||
19 | design and construct any public project under this Act. A | ||||||
20 | design-build entity and associated design-build professionals | ||||||
21 | shall conduct themselves in accordance with the laws of this | ||||||
22 | State and the related provisions of the Illinois Administrative | ||||||
23 | Code, as referenced by the licensed design professionals Acts | ||||||
24 | of this State. | ||||||
25 | "Design professional" means any individual, sole | ||||||
26 | proprietorship, firm, partnership, joint venture, corporation, |
| |||||||
| |||||||
1 | professional corporation, or other entity that offers services | ||||||
2 | under the Illinois Architecture Practice Act of 1989, the | ||||||
3 | Professional Engineering Practice Act of 1989, the Structural | ||||||
4 | Engineering Practice Act of 1989, or the Illinois Professional | ||||||
5 | Land Surveyor Act of 1989. | ||||||
6 | "Evaluation criteria" means the requirements for the | ||||||
7 | separate phases of the selection process for design-build | ||||||
8 | proposals as defined in this Act and may include the | ||||||
9 | specialized experience, technical qualifications and | ||||||
10 | competence, capacity to perform, past performance, experience | ||||||
11 | with similar projects, assignment of personnel to the project, | ||||||
12 | and other appropriate factors. Price may not be used as a | ||||||
13 | factor in the evaluation of Phase I proposals. | ||||||
14 | "Landscape architect design professional" means any | ||||||
15 | person, sole proprietorship, or entity including, but not | ||||||
16 | limited to, a partnership, professional service corporation, | ||||||
17 | or corporation that offers services under the Illinois | ||||||
18 | Landscape Architecture Practice Act of 2019 1989 . | ||||||
19 | "Proposal" means the offer to enter into a design-build | ||||||
20 | contract as submitted by a design-build entity in accordance | ||||||
21 | with this Act. | ||||||
22 | "Request for proposal" means the document used by the park | ||||||
23 | district to solicit proposals for a design-build contract. | ||||||
24 | "Scope and performance criteria" means the requirements | ||||||
25 | for the public project, including, but not limited to: the | ||||||
26 | intended usage, capacity, size, scope, quality, and |
| |||||||
| |||||||
1 | performance standards; life-cycle costs; and other | ||||||
2 | programmatic criteria that are expressed in performance | ||||||
3 | oriented and quantifiable specifications and drawings that can | ||||||
4 | be reasonably inferred and are suited to allow a design-build | ||||||
5 | entity to develop a proposal.
| ||||||
6 | (Source: P.A. 97-349, eff. 8-12-11.) | ||||||
7 | Section 910. The Chicago Park District Act is amended by | ||||||
8 | changing Section 26.10-4 as follows: | ||||||
9 | (70 ILCS 1505/26.10-4) | ||||||
10 | Sec. 26.10-4. Definitions. The following terms, whenever | ||||||
11 | used or referred to in this Act, have the following meaning | ||||||
12 | unless the context requires a different meaning: | ||||||
13 | "Delivery system" means the design and construction | ||||||
14 | approach used to develop and construct a project. | ||||||
15 | "Design-bid-build" means the traditional delivery system | ||||||
16 | used on public
projects that incorporates the Local Government | ||||||
17 | Professional Services Selection Act (50 ILCS 510/) and the
| ||||||
18 | principles of competitive selection.
| ||||||
19 | "Design-build" means a delivery system that provides | ||||||
20 | responsibility within a
single contract for the furnishing of | ||||||
21 | architecture, engineering, land surveying
and related services | ||||||
22 | as required, and the labor, materials, equipment, and
other | ||||||
23 | construction services for the project.
| ||||||
24 | "Design-build contract" means a contract for a public |
| |||||||
| |||||||
1 | project under this Act
between the Chicago Park District and a | ||||||
2 | design-build entity to furnish
architecture,
engineering, land | ||||||
3 | surveying, landscape architecture, and related services as | ||||||
4 | required, and to furnish
the labor, materials, equipment, and | ||||||
5 | other construction services for the
project. The design-build | ||||||
6 | contract may be conditioned upon subsequent
refinements in | ||||||
7 | scope and price and may allow the Chicago Park District to
make
| ||||||
8 | modifications in the project scope without invalidating the | ||||||
9 | design-build
contract.
| ||||||
10 | "Design-build entity" means any individual, sole | ||||||
11 | proprietorship, firm,
partnership, joint venture, corporation, | ||||||
12 | professional corporation, or other
entity that proposes to | ||||||
13 | design and construct any public project under this Act.
A | ||||||
14 | design-build entity and associated design-build professionals | ||||||
15 | shall conduct themselves in accordance with the laws of this | ||||||
16 | State and the related provisions of the Illinois Administrative | ||||||
17 | Code, as referenced by the licensed design professionals Acts | ||||||
18 | of this State.
| ||||||
19 | "Design professional" means any individual, sole | ||||||
20 | proprietorship, firm,
partnership, joint venture, corporation, | ||||||
21 | professional corporation, or other
entity that offers services | ||||||
22 | under the Illinois Architecture Practice Act of
1989 (225 ILCS | ||||||
23 | 305/), the Professional Engineering Practice Act of 1989 (225
| ||||||
24 | ILCS 325/),
the Structural Engineering Practice Act of 1989 | ||||||
25 | (225 ILCS 340/), or the
Illinois Professional
Land Surveyor Act | ||||||
26 | of 1989 (225 ILCS 330/).
|
| |||||||
| |||||||
1 | "Landscape architect design professional" means any | ||||||
2 | person, sole proprietorship, or entity such as a partnership, | ||||||
3 | professional service corporation, or corporation that offers | ||||||
4 | services under the Illinois Landscape Architecture Practice | ||||||
5 | Act of 2019 1989 . | ||||||
6 | "Evaluation criteria" means the requirements for the | ||||||
7 | separate phases of the
selection process for design-build | ||||||
8 | proposals as defined in this Act and may include the | ||||||
9 | specialized
experience, technical qualifications and | ||||||
10 | competence, capacity to perform, past
performance, experience | ||||||
11 | with similar projects, assignment of personnel to the
project, | ||||||
12 | and other appropriate factors. Price may not be used as a | ||||||
13 | factor in
the evaluation of Phase I proposals.
| ||||||
14 | "Proposal" means the offer to enter into a design-build | ||||||
15 | contract as submitted
by a design-build entity in accordance | ||||||
16 | with this Act.
| ||||||
17 | "Request for proposal" means the document used by the | ||||||
18 | Chicago Park District
to solicit
proposals for a design-build | ||||||
19 | contract.
| ||||||
20 | "Scope and performance criteria" means the requirements | ||||||
21 | for the public
project, including but not limited to, the | ||||||
22 | intended usage, capacity, size,
scope, quality and performance | ||||||
23 | standards, life-cycle costs, and other
programmatic criteria | ||||||
24 | that are expressed in performance-oriented and
quantifiable | ||||||
25 | specifications and drawings that can be reasonably inferred and
| ||||||
26 | are suited to allow a design-build entity to develop a |
| |||||||
| |||||||
1 | proposal.
| ||||||
2 | "Guaranteed maximum price" means a form of contract in | ||||||
3 | which compensation may vary according to the scope of work | ||||||
4 | involved but in any case may not exceed an agreed total amount.
| ||||||
5 | (Source: P.A. 96-777, eff. 8-28-09; 96-1000, eff. 7-2-10.) | ||||||
6 | Section 915. The Professional Geologist Licensing Act is | ||||||
7 | amended by changing Section 20 as follows:
| ||||||
8 | (225 ILCS 745/20)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
10 | Sec. 20. Exemptions. Nothing in this Act shall be construed | ||||||
11 | to restrict
the use of the title "geologist" or similar words | ||||||
12 | by any person engaged in a
practice of geology exempted under | ||||||
13 | this Act, provided the person does not hold
himself or herself | ||||||
14 | out as being a Licensed Professional Geologist or does not
| ||||||
15 | practice
professional geology in a manner requiring licensure | ||||||
16 | under this Act.
Performance of the following activities does | ||||||
17 | not require licensure as a
licensed professional geologist | ||||||
18 | under this Act:
| ||||||
19 | (a) The practice of professional geology by an employee | ||||||
20 | or a subordinate of
a licensee under this Act, provided the | ||||||
21 | work does not include responsible
charge of geological work | ||||||
22 | and is performed under the direct
supervision of a Licensed | ||||||
23 | Professional Geologist who is responsible for
the work.
| ||||||
24 | (b) The practice of professional geology by officers |
| |||||||
| |||||||
1 | and employees of the
United States government within the | ||||||
2 | scope of their employment.
| ||||||
3 | (c) The practice of professional geology as geologic | ||||||
4 | research to advance
basic knowledge for the purpose of | ||||||
5 | offering scientific papers, publications, or
other | ||||||
6 | presentations (i) before meetings of scientific societies, | ||||||
7 | (ii) internal
to a
partnership, corporation, | ||||||
8 | proprietorship, or government agency, or (iii) for
| ||||||
9 | publication
in scientific journals, or in books.
| ||||||
10 | (d) The teaching of geology in schools, colleges, or | ||||||
11 | universities, as
defined by rule.
| ||||||
12 | (e) The practice of professional geology exclusively | ||||||
13 | in the exploration for
or development of energy resources | ||||||
14 | or base, precious and nonprecious minerals,
including | ||||||
15 | sand, gravel, and aggregate, that does not require, by law, | ||||||
16 | rule,
or ordinance, the submission of reports, documents, | ||||||
17 | or oral or written
testimony
to public agencies. Public | ||||||
18 | agencies may, by law or by rule, allow required
oral
or | ||||||
19 | written testimony, reports, permit applications, or other | ||||||
20 | documents based on
the science of geology to be submitted | ||||||
21 | to them by persons not licensed under
this Act. Unless | ||||||
22 | otherwise required by State or federal law, public agencies
| ||||||
23 | may not require that the geology-based aspects of | ||||||
24 | testimony, reports, permits,
or other documents so | ||||||
25 | exempted be reviewed by,
approved, or otherwise certified | ||||||
26 | by any person who is not a Licensed Professional Geologist. |
| |||||||
| |||||||
1 | Licensure is not required for the
submission and review of | ||||||
2 | reports or documents or the provision of oral or
written
| ||||||
3 | testimony made under the Well Abandonment Act, the Illinois
| ||||||
4 | Oil and Gas Act, the Surface Coal Mining Land Conservation | ||||||
5 | and Reclamation Act,
or the Surface-Mined Land | ||||||
6 | Conservation and Reclamation Act.
| ||||||
7 | (f) The practice of professional engineering as | ||||||
8 | defined in the Professional
Engineering Practice Act of | ||||||
9 | 1989.
| ||||||
10 | (g) The practice of structural engineering as defined | ||||||
11 | in the Structural
Engineering
Practice Act of 1989.
| ||||||
12 | (h) The practice of architecture as defined in the | ||||||
13 | Illinois Architecture
Practice Act of 1989.
| ||||||
14 | (i) The practice of land surveying as defined in the | ||||||
15 | Illinois Professional
Land Surveyor
Act of 1989.
| ||||||
16 | (j) The practice of landscape architecture as defined | ||||||
17 | in the Illinois
Landscape Architecture Practice Act of 2019 | ||||||
18 | 1989 .
| ||||||
19 | (k) The practice of professional geology for a period | ||||||
20 | not to exceed 9 months by any person pursuing a course of | ||||||
21 | study leading to a degree in geology from an accredited | ||||||
22 | college or university, as set forth in this Act and as | ||||||
23 | established by rule, provided that (i) such practice | ||||||
24 | constitutes a part of a supervised course of study, (ii) | ||||||
25 | the person is under the supervision of a geologist licensed | ||||||
26 | under this Act or a teacher of geology at an accredited |
| |||||||
| |||||||
1 | college or university, and (iii) the person is designated | ||||||
2 | by a title that clearly indicates his or her status as a | ||||||
3 | student or trainee. | ||||||
4 | (Source: P.A. 96-666, eff. 8-25-09; 96-1327, eff. 7-27-10 .)
| ||||||
5 | Section 920. The Unified Code of Corrections is amended by | ||||||
6 | changing Section 5-5-5 as follows:
| ||||||
7 | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
| ||||||
8 | Sec. 5-5-5. Loss and restoration of rights.
| ||||||
9 | (a) Conviction and disposition shall not entail the loss by | ||||||
10 | the
defendant of any civil rights, except under this Section | ||||||
11 | and Sections 29-6
and 29-10 of The Election Code, as now or | ||||||
12 | hereafter amended.
| ||||||
13 | (b) A person convicted of a felony shall be ineligible to | ||||||
14 | hold an office
created by the Constitution of this State until | ||||||
15 | the completion of his sentence.
| ||||||
16 | (c) A person sentenced to imprisonment shall lose his right | ||||||
17 | to vote
until released from imprisonment.
| ||||||
18 | (d) On completion of sentence of imprisonment or upon | ||||||
19 | discharge from
probation, conditional discharge or periodic | ||||||
20 | imprisonment, or at any time
thereafter, all license rights and | ||||||
21 | privileges
granted under the authority of this State which have | ||||||
22 | been revoked or
suspended because of conviction of an offense | ||||||
23 | shall be restored unless the
authority having jurisdiction of | ||||||
24 | such license rights finds after
investigation and hearing that |
| |||||||
| |||||||
1 | restoration is not in the public interest.
This paragraph (d) | ||||||
2 | shall not apply to the suspension or revocation of a
license to | ||||||
3 | operate a motor vehicle under the Illinois Vehicle Code.
| ||||||
4 | (e) Upon a person's discharge from incarceration or parole, | ||||||
5 | or upon a
person's discharge from probation or at any time | ||||||
6 | thereafter, the committing
court may enter an order certifying | ||||||
7 | that the sentence has been
satisfactorily completed when the | ||||||
8 | court believes it would assist in the
rehabilitation of the | ||||||
9 | person and be consistent with the public welfare.
Such order | ||||||
10 | may be entered upon the motion of the defendant or the State or
| ||||||
11 | upon the court's own motion.
| ||||||
12 | (f) Upon entry of the order, the court shall issue to the | ||||||
13 | person in
whose favor the order has been entered a certificate | ||||||
14 | stating that his
behavior after conviction has warranted the | ||||||
15 | issuance of the order.
| ||||||
16 | (g) This Section shall not affect the right of a defendant | ||||||
17 | to
collaterally attack his conviction or to rely on it in bar | ||||||
18 | of subsequent
proceedings for the same offense.
| ||||||
19 | (h) No application for any license specified in subsection | ||||||
20 | (i) of this
Section granted under the
authority of this State | ||||||
21 | shall be denied by reason of an eligible offender who
has | ||||||
22 | obtained a certificate of relief from disabilities, as
defined | ||||||
23 | in Article 5.5 of this Chapter, having been previously | ||||||
24 | convicted of one
or more
criminal offenses, or by reason of a | ||||||
25 | finding of lack of "good moral
character" when the finding is | ||||||
26 | based upon the fact that the applicant has
previously been |
| |||||||
| |||||||
1 | convicted of one or more criminal offenses, unless:
| ||||||
2 | (1) there is a direct relationship between one or more | ||||||
3 | of the previous
criminal offenses and the specific license | ||||||
4 | sought; or
| ||||||
5 | (2) the issuance of the license would
involve an | ||||||
6 | unreasonable risk to property or to the safety or welfare | ||||||
7 | of
specific individuals or the general public.
| ||||||
8 | In making such a determination, the licensing agency shall | ||||||
9 | consider the
following factors:
| ||||||
10 | (1) the public policy of this State, as expressed in | ||||||
11 | Article 5.5 of this
Chapter, to encourage the licensure and | ||||||
12 | employment of persons previously
convicted of one or more | ||||||
13 | criminal offenses;
| ||||||
14 | (2) the specific duties and responsibilities | ||||||
15 | necessarily related to the
license being sought;
| ||||||
16 | (3) the bearing, if any, the criminal offenses or | ||||||
17 | offenses for which the
person
was previously convicted will | ||||||
18 | have on his or her fitness or ability to perform
one or
| ||||||
19 | more such duties and responsibilities;
| ||||||
20 | (4) the time which has elapsed since the occurrence of | ||||||
21 | the criminal
offense or offenses;
| ||||||
22 | (5) the age of the person at the time of occurrence of | ||||||
23 | the criminal
offense or offenses;
| ||||||
24 | (6) the seriousness of the offense or offenses;
| ||||||
25 | (7) any information produced by the person or produced | ||||||
26 | on his or her
behalf in
regard to his or her rehabilitation |
| |||||||
| |||||||
1 | and good conduct, including a certificate
of relief from | ||||||
2 | disabilities issued to the applicant, which certificate | ||||||
3 | shall
create a presumption of rehabilitation in regard to | ||||||
4 | the offense or offenses
specified in the certificate; and
| ||||||
5 | (8) the legitimate interest of the licensing agency in | ||||||
6 | protecting
property, and
the safety and welfare of specific | ||||||
7 | individuals or the general public.
| ||||||
8 | (i) A certificate of relief from disabilities shall be | ||||||
9 | issued only
for a
license or certification issued under the | ||||||
10 | following Acts:
| ||||||
11 | (1) the Animal Welfare Act; except that a certificate | ||||||
12 | of relief from
disabilities may not be granted
to provide | ||||||
13 | for
the
issuance or restoration of a license under the | ||||||
14 | Animal Welfare Act for any
person convicted of violating | ||||||
15 | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | ||||||
16 | Care for Animals Act or Section 26-5 or 48-1 of the | ||||||
17 | Criminal Code of
1961 or the Criminal Code of 2012;
| ||||||
18 | (2) the Illinois Athletic Trainers Practice Act;
| ||||||
19 | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, | ||||||
20 | and Nail Technology Act of 1985;
| ||||||
21 | (4) the Boiler and Pressure Vessel Repairer Regulation | ||||||
22 | Act;
| ||||||
23 | (5) the Boxing and Full-contact Martial Arts Act;
| ||||||
24 | (6) the Illinois Certified Shorthand Reporters Act of | ||||||
25 | 1984;
| ||||||
26 | (7) the Illinois Farm Labor Contractor Certification |
| |||||||
| |||||||
1 | Act;
| ||||||
2 | (8) the Registered Interior Designers Act;
| ||||||
3 | (9) the Illinois Professional Land Surveyor Act of | ||||||
4 | 1989;
| ||||||
5 | (10) the Illinois Landscape Architecture Practice Act | ||||||
6 | of 2019 1989 ;
| ||||||
7 | (11) the Marriage and Family Therapy Licensing Act;
| ||||||
8 | (12) the Private Employment Agency Act;
| ||||||
9 | (13) the Professional Counselor and Clinical | ||||||
10 | Professional Counselor
Licensing and Practice
Act;
| ||||||
11 | (14) the Real Estate License Act of 2000;
| ||||||
12 | (15) the Illinois Roofing Industry Licensing Act; | ||||||
13 | (16) the Professional Engineering Practice Act of | ||||||
14 | 1989; | ||||||
15 | (17) the Water Well and Pump Installation Contractor's | ||||||
16 | License Act; | ||||||
17 | (18) the Electrologist Licensing Act;
| ||||||
18 | (19) the Auction License Act; | ||||||
19 | (20) the Illinois Architecture Practice Act of 1989; | ||||||
20 | (21) the Dietitian Nutritionist Practice Act; | ||||||
21 | (22) the Environmental Health Practitioner Licensing | ||||||
22 | Act; | ||||||
23 | (23) the Funeral Directors and Embalmers Licensing | ||||||
24 | Code; | ||||||
25 | (24) (blank); | ||||||
26 | (25) the Professional Geologist Licensing Act; |
| |||||||
| |||||||
1 | (26) the Illinois Public Accounting Act; and | ||||||
2 | (27) the Structural Engineering Practice Act of 1989.
| ||||||
3 | (Source: P.A. 100-534, eff. 9-22-17; 100-920, eff. 8-17-18.)
| ||||||
4 | Section 999. Effective date. This Act takes effect January | ||||||
5 | 1, 2020.
|