093_HB2274ham001
LRB093 09756 RCE 13250 a
1 AMENDMENT TO HOUSE BILL 2274
2 AMENDMENT NO. . Amend House Bill 2274 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Professional Engineering Practice Act of
5 1989 is amended by changing Section 29 as follows:
6 (225 ILCS 325/29) (from Ch. 111, par. 5229)
7 (Section scheduled to be repealed on January 1, 2010)
8 Sec. 29. Notice Notice of hearing; Findings and
9 recommendations. At the conclusion of the hearing, the Board
10 shall present to the Director a written report of its finding
11 and recommendations. The report shall contain a finding
12 whether or not the accused person violated this Act or its
13 rules or failed to comply with the conditions required in
14 this Act or its rules. The Board shall specify the nature of
15 the violation or failure to comply, and shall make its
16 recommendations to the Director. The Board may take into
17 consideration in making its recommendations for discipline
18 all facts and circumstances bearing upon the reasonableness
19 of the conduct of the respondent and the potential for future
20 harm to the public, including but not limited to previous
21 discipline by the Department, intent, degree of harm to the
22 public and likelihood of harm in the future, any restitution
-2- LRB093 09756 RCE 13250 a
1 made, and whether the incident or incidents complained of
2 appear to be isolated or a pattern of conduct. In making its
3 recommendations for discipline, the Board shall endeavor to
4 ensure that the severity of the discipline recommended bears
5 some reasonable relationship to the severity of the
6 violation. The report of findings of fact, conclusions of
7 law and recommendation of the Board shall be the basis for
8 the Department's order refusing to issue, restore or renew a
9 license, or otherwise discipline a registrant. If the
10 Director disagrees in any regard with the report of the
11 Board, the Director may issue an order in contravention
12 thereof, following the procedures set forth in Section 7.
13 The Director shall provide a written report to the Board on
14 any deviation, and shall specify with particularity the
15 reasons for said action. The finding is not admissible in
16 evidence against the person in a criminal prosecution brought
17 for the violation of this Act, but the hearing and finding
18 are not a bar to a criminal prosecution brought for the
19 violation of this Act.
20 (Source: P.A. 86-667.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.".