HB5256 102ND GENERAL ASSEMBLY

LRB102 22227 SPS 31357 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5256

Introduced 1/31/2022, by Rep. Tim Ozinga

SYNOPSIS AS INTRODUCED:

20 ILCS 2105/2105-207

Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that records of disciplinary action by the Department of Financial and Professional Regulation may be considered expunged for reporting purposes if an application is submitted more than one year after an initial disciplinary offense occurred, 3 years after any subsequent the disciplinary offense or offenses occurred, or after restoration of the license, whichever is later (rather than 3 years after the disciplinary offense or offenses occurred, or after restoration of the license, whichever is later).

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Professional Regulation Law of the Civil Administrative Code of Illinois is amended by changing Section 2105-207 as follows:

(20 ILCS 2105/2105-207)

Sec. 2105-207. Records of Department actions.

(a) Any licensee subject to a licensing Act administered by the Division of Professional Regulation and who has been subject to disciplinary action by the Department may file an application with the Department on forms provided by the Department, along with the required fee of $175, to have the records classified as confidential, not for public release, and considered expunged for reporting purposes if:

(1) the application is submitted more than one year after an initial disciplinary offense occurred, 3 years after any subsequent the disciplinary offense or offenses occurred, or after restoration of the license, whichever is later;

(2) the licensee has had no incidents of discipline under the licensing Act since the disciplinary offense or offenses identified in the application occurred;

(3) the Department has no pending investigations against the licensee; and

(4) the licensee is not currently in a disciplinary status.

(b) An application to make disciplinary records confidential shall only be considered by the Department for an offense or action relating to:

(1) failure to pay taxes;

(2) continuing education;

(3) failure to renew a license on time;

(4) failure to obtain or renew a certificate of registration or ancillary license;

(5) advertising;

(5.1) discipline based on criminal charges or convictions:

(A) that did not arise from the licensed activity and was unrelated to the licensed activity; or

(B) that were dismissed or for which records have been sealed or expunged;

(5.2) past probationary status of a license issued to new applicants on the sole or partial basis of prior convictions; or

(6) any grounds for discipline removed from the licensing Act.

(c) An application shall be submitted to and considered by the Director of the Division of Professional Regulation upon submission of an application and the required non-refundable fee. The Department may establish additional requirements by rule. The Department is not required to report the removal of any disciplinary record to any national database. Nothing in this Section shall prohibit the Department from using a previous discipline for any regulatory purpose or from releasing records of a previous discipline upon request from law enforcement, or other governmental body as permitted by law. Classification of records as confidential shall result in removal of records of discipline from records kept pursuant to Sections 2105-200 and 2105-205 of this Act.

(d) Any applicant for licensure or a licensee whose petition for review is granted by the Department pursuant to subsection (a-1) of Section 2105-165 of this Law may file an application with the Department on forms provided by the Department to have records relating to his or her permanent denial or permanent revocation classified as confidential and not for public release and considered expunged for reporting purposes in the same manner and under the same terms as is provided in this Section for the offenses listed in subsection (b) of this Section, except that the requirements of a 7-year waiting period and the $200 application fee do not apply.

(Source: P.A. 100-262, eff. 8-22-17; 100-286, eff. 1-1-18; 100-863, eff. 8-14-18; 100-872, eff. 8-14-18.)