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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 5. The Regulatory Sunset Act is amended by | |||||||||||||||||||
5 | changing Sections 4.34 and 4.39 as follows: | |||||||||||||||||||
6 | (5 ILCS 80/4.34) | |||||||||||||||||||
7 | Sec. 4.34. Acts and Section repealed on January 1, 2024. | |||||||||||||||||||
8 | The following Acts and
Section of an Act are repealed
on | |||||||||||||||||||
9 | January 1, 2024: | |||||||||||||||||||
10 | The Crematory Regulation Act. | |||||||||||||||||||
11 | The Electrologist Licensing Act. | |||||||||||||||||||
12 | The Illinois Certified Shorthand Reporters Act of | |||||||||||||||||||
13 | 1984. | |||||||||||||||||||
14 | The Illinois Occupational Therapy Practice Act. | |||||||||||||||||||
15 | The Illinois Public Accounting Act. | |||||||||||||||||||
16 | The Private Detective, Private Alarm, Private | |||||||||||||||||||
17 | Security, Fingerprint Vendor, and Locksmith Act of 2004. | |||||||||||||||||||
18 | The Registered Surgical Assistant and Registered | |||||||||||||||||||
19 | Surgical Technologist
Title Protection Act. | |||||||||||||||||||
20 | Section 2.5 of the Illinois Plumbing License Law.
| |||||||||||||||||||
21 | The Veterinary Medicine and Surgery Practice Act of | |||||||||||||||||||
22 | 2004. | |||||||||||||||||||
23 | (Source: P.A. 102-291, eff. 8-6-21.) |
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| |||||||
1 | (5 ILCS 80/4.39) | ||||||
2 | Sec. 4.39. Acts repealed on January 1, 2029 and December | ||||||
3 | 31, 2029. | ||||||
4 | (a) The following Act is repealed on January 1, 2029: | ||||||
5 | The Environmental Health Practitioner Licensing Act. | ||||||
6 | The Registered Surgical Assistant and Registered | ||||||
7 | Surgical Technologist Title Protection Act. | ||||||
8 | (b) The following Act is repealed on December 31, 2029: | ||||||
9 | The Structural Pest Control Act.
| ||||||
10 | (Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18; | ||||||
11 | 101-81, eff. 7-12-19.) | ||||||
12 | Section 10. The Registered Surgical Assistant and | ||||||
13 | Registered Surgical
Technologist Title Protection Act is | ||||||
14 | amended by changing Sections 10, 20, 30, 75, 85, 110, 115, 120, | ||||||
15 | and 150 and by adding Section 12 as follows:
| ||||||
16 | (225 ILCS 130/10)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
18 | Sec. 10. Definitions. As used in this Act:
| ||||||
19 | "Address of record" means the designated address recorded | ||||||
20 | by the Department in the applicant's or registrant's | ||||||
21 | application file or registration file as maintained by the | ||||||
22 | Department's licensure maintenance unit. It is the duty of the | ||||||
23 | applicant or registrant to inform the Department of any change |
| |||||||
| |||||||
1 | of address and those changes must be made either through the | ||||||
2 | Department's website or by contacting the Department. | ||||||
3 | "Department" means the Department of Financial and | ||||||
4 | Professional Regulation.
| ||||||
5 | "Direct supervision" means supervision by a licensed | ||||||
6 | physician, licensed
podiatric physician, or licensed dentist | ||||||
7 | who is
physically present and who personally directs delegated | ||||||
8 | acts and remains
available to personally respond to an | ||||||
9 | emergency until the patient
is released from the operating | ||||||
10 | room.
A registered professional nurse may
also
provide direct | ||||||
11 | supervision within the scope of his or her license. A
| ||||||
12 | registered surgical assistant or registered surgical | ||||||
13 | technologist shall perform
duties as assigned.
| ||||||
14 | "Email address of record" means the designated email | ||||||
15 | address recorded by the Department in the applicant's | ||||||
16 | application file or the licensee's license file, as maintained | ||||||
17 | by the Department's licensure maintenance unit. | ||||||
18 | "Physician" means a person licensed to practice
medicine | ||||||
19 | in all of
its branches under the Medical Practice Act of 1987.
| ||||||
20 | "Registered surgical assistant" means a person who (i) is | ||||||
21 | not
licensed to
practice
medicine in all of its branches, (ii) | ||||||
22 | is certified by the National Surgical
Assistant
Association as | ||||||
23 | a Certified Surgical Assistant, the National Board of Surgical | ||||||
24 | Technology and Surgical Assisting as a Certified Surgical | ||||||
25 | First Assistant, or
the American Board of Surgical Assistants | ||||||
26 | as a Surgical Assistant-Certified, (iii) performs duties under |
| |||||||
| |||||||
1 | direct
supervision, (iv) provides services only in a licensed | ||||||
2 | hospital, ambulatory
treatment center, or office of a | ||||||
3 | physician licensed to practice medicine in all
its branches, | ||||||
4 | and (v) is registered
under this Act.
| ||||||
5 | "Registered surgical technologist" means a person who (i) | ||||||
6 | is not
a physician licensed to
practice
medicine in all of its | ||||||
7 | branches, (ii) is certified by the National Board for Surgical | ||||||
8 | Technology and Surgical Assisting,
(iii) performs duties under | ||||||
9 | direct supervision, (iv) provides services only in
a licensed | ||||||
10 | hospital, ambulatory treatment center, or office of a | ||||||
11 | physician
licensed to practice medicine in all its branches, | ||||||
12 | and (v) is registered
under this Act.
| ||||||
13 | "Secretary" means the Secretary of Financial and | ||||||
14 | Professional Regulation. | ||||||
15 | (Source: P.A. 98-214, eff. 8-9-13; 98-364, eff. 12-31-13; | ||||||
16 | 98-756, eff. 7-16-14.)
| ||||||
17 | (225 ILCS 130/12 new) | ||||||
18 | Sec. 12. Address of record; email address of record. All | ||||||
19 | applicants and registrants shall: | ||||||
20 | (1) provide a valid address and email address to the | ||||||
21 | Department, which shall serve as the address of record and | ||||||
22 | email address of record, respectively, at the time of | ||||||
23 | application for registration or renewal of a registration; | ||||||
24 | and | ||||||
25 | (2) inform the Department of any change of address
of |
| |||||||
| |||||||
1 | record or email address of record within 14 days after | ||||||
2 | such change, either through the Department's website or by | ||||||
3 | contacting the Department's licensure maintenance unit.
| ||||||
4 | (225 ILCS 130/20)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
6 | Sec. 20. Illinois Administrative Procedure Act. The | ||||||
7 | Illinois
Administrative Procedure Act is expressly adopted and | ||||||
8 | incorporated in
this Act as if all of the provisions of the | ||||||
9 | Illinois Administrative Procedure
Act were included in this | ||||||
10 | Act,
except that the provision of subsection (d) of Section | ||||||
11 | 10-65 of the Illinois
Administrative Procedure Act that | ||||||
12 | provides that at hearings the registrant has
the right to show | ||||||
13 | compliance with all lawful requirements for retention,
| ||||||
14 | continuation, or renewal of the registration is specifically | ||||||
15 | excluded. For
purposes of this Act, the notice required under | ||||||
16 | Section 10-25 of the Illinois
Administrative Procedure Act is | ||||||
17 | deemed sufficient when mailed to the registrant's address of | ||||||
18 | record or email address of record .
| ||||||
19 | (Source: P.A. 98-364, eff. 12-31-13.)
| ||||||
20 | (225 ILCS 130/30)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
22 | Sec. 30. Social Security Number or individual taxpayer | ||||||
23 | identification number on registration application. In addition
| ||||||
24 | to any other information required to be contained in the |
| |||||||
| |||||||
1 | application, every
application for an original certificate of | ||||||
2 | registration
under this Act shall
include the applicant's | ||||||
3 | Social Security Number or individual taxpayer identification | ||||||
4 | number , which shall be retained in the agency's records | ||||||
5 | pertaining to the registration. As soon as practical, the | ||||||
6 | Department shall assign a customer's identification number to | ||||||
7 | each applicant for a registration. | ||||||
8 | Every application for a renewed, reinstated, or restored | ||||||
9 | registration shall require the applicant's customer | ||||||
10 | identification number.
| ||||||
11 | (Source: P.A. 97-400, eff. 1-1-12; 98-364, eff. 12-31-13.)
| ||||||
12 | (225 ILCS 130/75)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
14 | Sec. 75. Grounds for disciplinary action.
| ||||||
15 | (a) The Department may refuse to issue, renew, or restore | ||||||
16 | a
registration, may revoke or suspend a registration, or may | ||||||
17 | place on
probation, reprimand, or take other disciplinary or | ||||||
18 | non-disciplinary
action with regard to a person registered | ||||||
19 | under this Act,
including , but not limited to , the imposition | ||||||
20 | of fines not to
exceed $10,000 for each violation and the | ||||||
21 | assessment of costs as provided for in Section 90, for any one | ||||||
22 | or combination
of the following causes:
| ||||||
23 | (1) Making a material misstatement in furnishing
| ||||||
24 | information to the Department.
| ||||||
25 | (2) Violating a provision of this Act or rules adopted |
| |||||||
| |||||||
1 | under this Act.
| ||||||
2 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
3 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
4 | sentencing of any crime, including, but not limited to, | ||||||
5 | convictions, preceding sentences of supervision, | ||||||
6 | conditional discharge, or first offender probation, under | ||||||
7 | the laws of any jurisdiction of the United States that is | ||||||
8 | (i) a felony or (ii) a misdemeanor, an essential element | ||||||
9 | of which is dishonesty, or that is directly related to the | ||||||
10 | practice of the profession.
| ||||||
11 | (4) Fraud or misrepresentation in applying for, | ||||||
12 | renewing, restoring, reinstating, or procuring a | ||||||
13 | registration under this Act.
| ||||||
14 | (5) Aiding or assisting another person in
violating a | ||||||
15 | provision of this Act or its rules.
| ||||||
16 | (6) Failing to provide information within 60 days
in | ||||||
17 | response to a written request made by the Department.
| ||||||
18 | (7) Engaging in dishonorable, unethical, or
| ||||||
19 | unprofessional conduct of a character likely to deceive,
| ||||||
20 | defraud, or harm the public, as defined by rule of the
| ||||||
21 | Department.
| ||||||
22 | (8) Discipline by another United States
jurisdiction, | ||||||
23 | governmental agency, unit of government, or foreign | ||||||
24 | nation, if at least one of the
grounds for discipline is | ||||||
25 | the same or substantially
equivalent to those set forth in | ||||||
26 | this Section.
|
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| |||||||
1 | (9) Directly or indirectly giving to or receiving
from | ||||||
2 | a person, firm, corporation, partnership, or
association a | ||||||
3 | fee, commission, rebate, or other form of
compensation for | ||||||
4 | professional services not actually or
personally rendered. | ||||||
5 | Nothing in this paragraph (9) affects any bona fide | ||||||
6 | independent contractor or employment arrangements among | ||||||
7 | health care professionals, health facilities, health care | ||||||
8 | providers, or other entities, except as otherwise | ||||||
9 | prohibited by law. Any employment arrangements may include | ||||||
10 | provisions for compensation, health insurance, pension, or | ||||||
11 | other employment benefits for the provision of services | ||||||
12 | within the scope of the registrant's practice under this | ||||||
13 | Act. Nothing in this paragraph (9) shall be construed to | ||||||
14 | require an employment arrangement to receive professional | ||||||
15 | fees for services rendered.
| ||||||
16 | (10) A finding by the Department that the registrant, | ||||||
17 | after
having the his or her registration placed on | ||||||
18 | probationary status,
has violated the terms of probation.
| ||||||
19 | (11) Willfully making or filing false records or
| ||||||
20 | reports in the his or her practice, including , but not | ||||||
21 | limited
to , false records or reports filed with State | ||||||
22 | agencies.
| ||||||
23 | (12) Willfully making or signing a false statement,
| ||||||
24 | certificate, or affidavit to induce payment.
| ||||||
25 | (13) Willfully failing to report an instance of
| ||||||
26 | suspected child abuse or neglect as required under the
|
| |||||||
| |||||||
1 | Abused and Neglected Child Reporting Act.
| ||||||
2 | (14) Being named as a perpetrator in an indicated
| ||||||
3 | report by the Department of Children and Family Services
| ||||||
4 | under the Abused and Neglected Child Reporting Act and
| ||||||
5 | upon proof by clear and convincing evidence that the
| ||||||
6 | registrant has caused a child to be an abused child or
| ||||||
7 | neglected child as defined in the Abused and Neglected
| ||||||
8 | Child Reporting Act.
| ||||||
9 | (15) (Blank).
| ||||||
10 | (16) Failure to report to the Department (A) any
| ||||||
11 | adverse final action taken against the registrant by
| ||||||
12 | another registering or licensing jurisdiction,
government | ||||||
13 | agency, law enforcement agency, or
any court or (B) | ||||||
14 | liability for conduct that would
constitute grounds for | ||||||
15 | action as set forth in this
Section.
| ||||||
16 | (17) Habitual or excessive use or abuse of drugs | ||||||
17 | defined in law as controlled substances, alcohol, or any | ||||||
18 | other substance that results in the inability to practice | ||||||
19 | with reasonable judgment, skill, or safety.
| ||||||
20 | (18) Physical or mental illness, including , but not | ||||||
21 | limited to ,
deterioration through the aging process or | ||||||
22 | loss of motor
skills, which results in the inability to | ||||||
23 | practice the
profession for which the person he or she is | ||||||
24 | registered with
reasonable judgment, skill, or safety.
| ||||||
25 | (19) Gross malpractice.
| ||||||
26 | (20) Immoral conduct in the commission of an act |
| |||||||
| |||||||
1 | related to the
registrant's practice, including , but not | ||||||
2 | limited to , sexual abuse, sexual
misconduct,
or sexual | ||||||
3 | exploitation.
| ||||||
4 | (21) Violation of
the Health Care Worker Self-Referral | ||||||
5 | Act.
| ||||||
6 | (b) The Department may refuse to issue or may suspend | ||||||
7 | without hearing the
registration of a person who fails to file | ||||||
8 | a return, to pay the
tax, penalty, or interest shown in a filed | ||||||
9 | return, or to pay
a final assessment of the tax, penalty, or | ||||||
10 | interest as
required by a tax Act administered by the | ||||||
11 | Department of
Revenue, until the requirements of the tax Act | ||||||
12 | are satisfied in accordance with subsection (g) of Section | ||||||
13 | 2105-15 of the Department of Regulation Law of the Civil | ||||||
14 | Administrative Code of Illinois.
| ||||||
15 | (c) The determination by a circuit court that a registrant
| ||||||
16 | is subject to involuntary admission or judicial admission as
| ||||||
17 | provided in the Mental Health and Developmental Disabilities
| ||||||
18 | Code operates as an automatic suspension. The suspension will
| ||||||
19 | end only upon (1) a finding by a court that the patient is no
| ||||||
20 | longer subject to involuntary admission or judicial
admission, | ||||||
21 | (2) issuance of an order so finding and
discharging the | ||||||
22 | patient, and (3) filing of a petition for restoration | ||||||
23 | demonstrating fitness to practice.
| ||||||
24 | (d) (Blank). | ||||||
25 | (e) In cases where the Department of Healthcare and Family | ||||||
26 | Services has previously determined a registrant or a potential |
| |||||||
| |||||||
1 | registrant is more than 30 days delinquent in the payment of | ||||||
2 | child support and has subsequently certified the delinquency | ||||||
3 | to the Department, the Department may refuse to issue or renew | ||||||
4 | or may revoke or suspend that person's registration or may | ||||||
5 | take other disciplinary action against that person based | ||||||
6 | solely upon the certification of delinquency made by the | ||||||
7 | Department of Healthcare and Family Services in accordance | ||||||
8 | with paragraph (5) of subsection (a) of Section 2105-15 of the | ||||||
9 | Department of Professional Regulation Law of the Civil | ||||||
10 | Administrative Code of Illinois. | ||||||
11 | (f) In enforcing this Section, the Department, upon a | ||||||
12 | showing of a possible violation, may compel any individual | ||||||
13 | registered under this Act or any individual who has applied | ||||||
14 | for registration to submit to a mental or physical examination | ||||||
15 | and evaluation, or both, that may include a substance abuse or | ||||||
16 | sexual offender evaluation, at the expense of the Department. | ||||||
17 | The Department shall specifically designate the examining | ||||||
18 | physician licensed to practice medicine in all of its branches | ||||||
19 | or, if applicable, the multidisciplinary team involved in | ||||||
20 | providing the mental or physical examination and evaluation, | ||||||
21 | or both. The multidisciplinary team shall be led by a | ||||||
22 | physician licensed to practice medicine in all of its branches | ||||||
23 | and may consist of one or more or a combination of physicians | ||||||
24 | licensed to practice medicine in all of its branches, licensed | ||||||
25 | chiropractic physicians, licensed clinical psychologists, | ||||||
26 | licensed clinical social workers, licensed clinical |
| |||||||
| |||||||
1 | professional counselors, and other professional and | ||||||
2 | administrative staff. Any examining physician or member of the | ||||||
3 | multidisciplinary team may require any person ordered to | ||||||
4 | submit to an examination and evaluation pursuant to this | ||||||
5 | Section to submit to any additional supplemental testing | ||||||
6 | deemed necessary to complete any examination or evaluation | ||||||
7 | process, including, but not limited to, blood testing, | ||||||
8 | urinalysis, psychological testing, or neuropsychological | ||||||
9 | testing. | ||||||
10 | The Department may order the examining physician or any | ||||||
11 | member of the multidisciplinary team to provide to the | ||||||
12 | Department any and all records, including business records, | ||||||
13 | that relate to the examination and evaluation, including any | ||||||
14 | supplemental testing performed. The Department may order the | ||||||
15 | examining physician or any member of the multidisciplinary | ||||||
16 | team to present testimony concerning this examination and | ||||||
17 | evaluation of the registrant or applicant, including testimony | ||||||
18 | concerning any supplemental testing or documents relating to | ||||||
19 | the examination and evaluation. No information, report, | ||||||
20 | record, or other documents in any way related to the | ||||||
21 | examination and evaluation shall be excluded by reason of any | ||||||
22 | common law or statutory privilege relating to communication | ||||||
23 | between the registrant or applicant and the examining | ||||||
24 | physician or any member of the multidisciplinary team. No | ||||||
25 | authorization is necessary from the registrant or applicant | ||||||
26 | ordered to undergo an evaluation and examination for the |
| |||||||
| |||||||
1 | examining physician or any member of the multidisciplinary | ||||||
2 | team to provide information, reports, records, or other | ||||||
3 | documents or to provide any testimony regarding the | ||||||
4 | examination and evaluation. The individual to be examined may | ||||||
5 | have, at the individual's his or her own expense, another | ||||||
6 | physician of the individual's his or her choice present during | ||||||
7 | all aspects of the examination. | ||||||
8 | Failure of any individual to submit to mental or physical | ||||||
9 | examination and evaluation, or both, when directed, shall | ||||||
10 | result in an automatic suspension without a hearing until such | ||||||
11 | time as the individual submits to the examination. If the | ||||||
12 | Department finds a registrant unable to practice because of | ||||||
13 | the reasons set forth in this Section, the Department shall | ||||||
14 | require such registrant to submit to care, counseling, or | ||||||
15 | treatment by physicians approved or designated by the | ||||||
16 | Department as a condition for continued, reinstated, or | ||||||
17 | renewed registration. | ||||||
18 | When the Secretary immediately suspends a registration | ||||||
19 | under this Section, a hearing upon such person's registration | ||||||
20 | must be convened by the Department within 15 days after such | ||||||
21 | suspension and completed without appreciable delay. The | ||||||
22 | Department shall have the authority to review the registrant's | ||||||
23 | record of treatment and counseling regarding the impairment to | ||||||
24 | the extent permitted by applicable federal statutes and | ||||||
25 | regulations safeguarding the confidentiality of medical | ||||||
26 | records. |
| |||||||
| |||||||
1 | Individuals registered under this Act and affected under | ||||||
2 | this Section shall be afforded an opportunity to demonstrate | ||||||
3 | to the Department that they can resume practice in compliance | ||||||
4 | with acceptable and prevailing standards under the provisions | ||||||
5 | of their registration. | ||||||
6 | (g) All fines imposed under this Section shall be paid | ||||||
7 | within 60 days after the effective date of the order imposing | ||||||
8 | the fine or in accordance with the terms set forth in the order | ||||||
9 | imposing the fine. | ||||||
10 | (Source: P.A. 100-872, eff. 8-14-18.)
| ||||||
11 | (225 ILCS 130/85)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
13 | Sec. 85. Investigation; notice; hearing.
The Department | ||||||
14 | may
investigate
the
actions of a person applying for, holding, | ||||||
15 | or claiming to hold a certificate of
registration. The | ||||||
16 | Department shall, before refusing to issue or renew a | ||||||
17 | registration or taking other disciplinary or non-disciplinary | ||||||
18 | action
pursuant to Section 75 of
this Act, and at
least 30 days | ||||||
19 | prior to the date set for the hearing, (i) notify in writing | ||||||
20 | the
applicant or registrant of the charges made and the time | ||||||
21 | and place for a hearing of the charges, (ii) direct the | ||||||
22 | applicant or registrant to file a
written
answer to the | ||||||
23 | Department under oath within 20 days after the service of the
| ||||||
24 | notice, and (iii) inform the applicant or registrant that | ||||||
25 | failure to file an answer
will
result in default being taken |
| |||||||
| |||||||
1 | against the applicant or registrant. | ||||||
2 | Written notice and any notice in the subsequent proceeding | ||||||
3 | may be served by registered or certified mail to
the | ||||||
4 | applicant's or registrant's address of record or email address | ||||||
5 | of record . If the person fails to file an answer after | ||||||
6 | receiving
notice, his or her certificate of registration may, | ||||||
7 | in the discretion of the
Department, be
suspended, revoked, or | ||||||
8 | placed on probationary status or the Department may take
| ||||||
9 | whatever disciplinary or non-disciplinary action deemed | ||||||
10 | proper, including limiting the delegated
tasks
or the | ||||||
11 | imposition of a fine, without
a hearing, if the act or acts | ||||||
12 | charged constitute sufficient grounds for such
action under | ||||||
13 | this Act. At the time and place fixed in the notice, the
| ||||||
14 | Department shall proceed to hearing of the charges and the | ||||||
15 | parties and their counsel shall be afforded ample opportunity | ||||||
16 | to present any pertinent statements, testimony, evidence, and | ||||||
17 | arguments. The Department may continue a
hearing from time to | ||||||
18 | time.
| ||||||
19 | (Source: P.A. 98-364, eff. 12-31-13.)
| ||||||
20 | (225 ILCS 130/110)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
22 | Sec. 110. Motion for rehearing. In a case involving the | ||||||
23 | refusal to
issue
or renew a registration or the discipline of a | ||||||
24 | registrant, a copy of the
hearing officer's
report shall be | ||||||
25 | served upon the respondent by the
Department, as provided |
| |||||||
| |||||||
1 | under Section 20 of this Act. Within 20 days after
the service, | ||||||
2 | the respondent may present to the Secretary Department a
| ||||||
3 | motion in writing for a rehearing, which shall specify
the | ||||||
4 | particular grounds for a rehearing. If no motion for rehearing
| ||||||
5 | is filed, then upon the expiration of the time specified for
| ||||||
6 | filing the motion, or if a motion for rehearing is denied,
then | ||||||
7 | upon the denial , the Secretary may enter an order in
| ||||||
8 | accordance with recommendations of the hearing officer | ||||||
9 | Department ,
except as provided in Section 115 or 120 of this | ||||||
10 | Act. If
the respondent orders a transcript of the record from | ||||||
11 | the reporting service
and
pays for the transcript within the | ||||||
12 | time for filing
a motion for rehearing, the 20-day period | ||||||
13 | within which such a
motion may be filed shall commence upon the | ||||||
14 | delivery of the
transcript to the respondent.
| ||||||
15 | (Source: P.A. 98-364, eff. 12-31-13.)
| ||||||
16 | (225 ILCS 130/115)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
18 | Sec. 115. Order of Secretary. The Secretary's order shall | ||||||
19 | be based on the
recommendations contained in the hearing | ||||||
20 | officer's Department report unless the
Secretary disagrees in | ||||||
21 | any regard with the report of the
hearing officer Department , | ||||||
22 | in which case the Secretary he or she may issue an order in
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23 | contravention of the report. The
hearing officer's report and | ||||||
24 | Secretary's order are not
admissible in evidence against the | ||||||
25 | person in a criminal
prosecution brought for a violation of |
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1 | this Act, but the
hearing, report, and order are not a bar to a | ||||||
2 | criminal
prosecution brought for the violation of this Act.
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3 | (Source: P.A. 98-364, eff. 12-31-13.)
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4 | (225 ILCS 130/120)
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5 | (Section scheduled to be repealed on January 1, 2024)
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6 | Sec. 120. Hearing officer. The Secretary shall have the | ||||||
7 | authority
to
appoint an attorney
licensed to practice law in | ||||||
8 | this State to serve as the
hearing officer in a hearing | ||||||
9 | authorized under Section 90 of this Act.
The hearing officer | ||||||
10 | shall have full authority
to conduct the hearing. The hearing | ||||||
11 | officer
shall report the hearing officer's his or her findings | ||||||
12 | of fact, conclusions of law,
and recommendations to the | ||||||
13 | Secretary Department .
If the Secretary disagrees in any regard | ||||||
14 | with the
report of the hearing officer Department , the | ||||||
15 | Secretary he or she may issue
an order in contravention of the | ||||||
16 | report. The Secretary
shall provide a written explanation to | ||||||
17 | the Department on
a deviation from the Department's report and | ||||||
18 | shall specify with
particularity the reasons for his or her | ||||||
19 | deviation in the
final order.
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20 | (Source: P.A. 98-364, eff. 12-31-13.)
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21 | (225 ILCS 130/150)
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22 | (Section scheduled to be repealed on January 1, 2024)
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23 | Sec. 150. Certificate of record. The Department shall
not | ||||||
24 | be required to certify any record to a court or file an
answer |
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1 | in court or otherwise appear in a court in a judicial
review | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | proceeding unless and until the Department has received from | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | the plaintiff
payment of the costs of furnishing and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | certifying the record, which costs shall be determined by the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | Department. Exhibits shall be certified without cost.
Failure | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | on the part of the plaintiff to file a receipt in
court shall | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | be grounds for dismissal of the action.
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8 | (Source: P.A. 98-364, eff. 12-31-13.)
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9 | Section 99. Effective date. This Section and Section 5 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | take effect upon becoming law.
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