093_HB2274ham002
LRB093 09756 AMC 13427 a
1 AMENDMENT TO HOUSE BILL 2274
2 AMENDMENT NO. . Amend House Bill 2274, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Professional Engineering Practice Act of
6 1989 is amended by changing Section 29 as follows:
7 (225 ILCS 325/29) (from Ch. 111, par. 5229)
8 (Section scheduled to be repealed on January 1, 2010)
9 Sec. 29. Notice of hearing; Findings and
10 recommendations. At the conclusion of the hearing, the Board
11 shall present to the Director a written report of its finding
12 and recommendations. The report shall contain a finding
13 whether or not the accused person violated this Act or its
14 rules or failed to comply with the conditions required in
15 this Act or its rules. The Board shall specify the nature of
16 the violation or failure to comply, and shall make its
17 recommendations to the Director. The Board may take into
18 consideration in making its recommendations for discipline
19 all facts and circumstances bearing upon the reasonableness
20 of the conduct of the respondent and the potential for future
21 harm to the public, including but not limited to previous
22 discipline by the Department, intent, degree of harm to the
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1 public and likelihood of harm in the future, any restitution
2 made, and whether the incident or incidents complained of
3 appear to be isolated or a pattern of conduct. In making its
4 recommendations for discipline, the Board shall endeavor to
5 ensure that the severity of the discipline recommended bears
6 some reasonable relationship to the severity of the
7 violation. The report of findings of fact, conclusions of
8 law and recommendation of the Board shall be the basis for
9 the Department's order refusing to issue, restore or renew a
10 license, or otherwise discipline a registrant. If the
11 Director disagrees in any regard with the report of the
12 Board, the Director may issue an order in contravention
13 thereof, following the procedures set forth in Section 7.
14 The Director shall provide a written report to the Board on
15 any deviation, and shall specify with particularity the
16 reasons for said action. The finding is not admissible in
17 evidence against the person in a criminal prosecution brought
18 for the violation of this Act, but the hearing and finding
19 are not a bar to a criminal prosecution brought for the
20 violation of this Act. In no case shall the time from the
21 receipt of the complaint by the Department to the issuance of
22 a final order by the Director exceed 90 days.
23 (Source: P.A. 86-667.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.".