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Registration and Regulation Committee
Filed: 3/9/2005
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09400HB3779ham001 |
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LRB094 09447 RAS 43375 a |
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| AMENDMENT TO HOUSE BILL 3779
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| AMENDMENT NO. ______. Amend House Bill 3779 by replacing |
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| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the |
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| Primary Home Remodeler Licensing Act. |
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| Section 5. Definitions. As used in this Act:
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| "Board" means the Primary Home Remodeler Licensing Board.
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| "Department" means the Department of Financial and |
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| Professional Regulation.
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| "Designated agent" means a person who is designated by a |
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| primary home remodeling firm, corporation, partnership, or
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| association that will be responsible for overseeing the |
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| performance of primary home remodeling services for that firm, |
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| corporation, partnership, or
association. |
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| "Governmental unit" means a city, village, incorporated |
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| town, county,
or sanitary or water district.
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| "Person" means any natural person, firm, corporation, |
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| partnership, or
association.
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| "Primary home remodeler" means a person who remodels |
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| primary places of residence for other persons. |
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| "Secretary" means the Secretary of Financial and |
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| Professional Regulation. |
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| "Telecommunications carrier" means a telecommunications |
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| carrier as defined
in the Public Utilities Act. |
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LRB094 09447 RAS 43375 a |
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| Section 10. Licensure requirement. On or after January 1, |
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| 2006, no person may act as a primary home remodeler on a |
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| project in this State without a license issued by the |
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| Department under this Act.
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| Section 15. Exemptions. |
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| (a) This Act does not prohibit a person licensed in this |
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| State under any other Act from engaging in the practice for |
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| which that person is licensed.
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| (b) This Act does not apply to a not-for-profit |
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| organization that is exempt from taxation under 501(c)(3) of |
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| the Internal Revenue Code. |
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| Section 20. Primary home remodeling services by municipal |
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| corporations or political subdivisions. No governmental unit |
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| shall perform
primary home remodeling services, unless such |
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| services are performed by one or more licensed
primary home |
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| remodelers, provided that any such governmental unit
may |
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| contract for
primary home remodeling services with any person |
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| authorized to perform primary home remodeling services in this |
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| State. |
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| Section 25. Primary Home Remodeler Licensing Board. |
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| (a) There is created a Primary Home Remodeler Licensing |
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| Board, which shall exercise its duties provided in this Act |
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| under the
supervision of the Department. The Board shall |
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| consist of 9 licensed primary home remodelers designated from |
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| time to time by the Secretary. In making the appointments to
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| the Board, the Secretary shall consider the recommendations of
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| individuals, firms, or organizations involved in primary home |
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| remodeling in this State.
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| (b) The Board shall aid the Secretary and the Department |
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| by:
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09400HB3779ham001 |
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LRB094 09447 RAS 43375 a |
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| (1) Preparing subject matter for examinations as |
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| provided in this Act.
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| (2) Suggesting rules to govern examinations and |
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| hearings for suspension,
revocation, or reinstatement of |
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| licenses.
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| (3) Submitting recommendations to the Secretary from |
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| time to time for the
efficient administration of this Act.
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| (4) Grading all tests and examinations for licenses and |
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| promptly
reporting the results to the Secretary.
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| (5) Performing such other duties from time to time |
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| prescribed by the
Secretary.
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| (c) Each Board member shall be compensated the sum of $50 |
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| for each day
or part thereof on which he serves on business of |
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| the Board and in addition
thereto shall be reimbursed for per |
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| diem expenses as authorized for State employees. |
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| Section 30. Powers and duties of the Secretary. The |
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| Secretary shall have all the following powers and duties: |
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| (1) To prepare forms for application for examination |
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| for a primary home remodeler license.
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| (2) To prepare and issue licenses as provided in this |
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| Act.
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| (3) With the aid of the Board, to adopt rules for
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| examination of applicants for primary home remodeler |
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| licenses.
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| (4) With the aid of the Board, to prepare and give |
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| uniform and comprehensive
examinations to applicants for a |
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| license.
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| (5) To issue a primary home remodeler license and |
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| license renewal to every applicant who
has passed the |
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| examination and who has paid the required license and |
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| renewal
fee.
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| (6) To adopt rules for hearings to deny, suspend, |
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| revoke, and reinstate
licenses as provided in this Act.
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09400HB3779ham001 |
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LRB094 09447 RAS 43375 a |
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| (7) To maintain a current record showing (A) the names |
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| and addresses of
licensees, (B) the dates of issuance of
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| licenses, (C) the date and substance of the charges set |
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| forth in any hearing
for denial, suspension, or revocation |
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| of any license, (D) the date and substance
of the final |
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| order issued upon each such hearing, and (E) the date and
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| substance
of all petitions for reinstatement of licenses |
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| and final orders on such
petitions.
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| Section 35. Examination. The Department shall hold |
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| examinations for applicants for primary home remodeler
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| licenses at least once every 3 months in some place in this |
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| State. |
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| Section 40. Application for examination. |
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| (a) An applicant for a primary home remodeler license shall |
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| file a written
application for examination with the Department |
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| on a form designated by the
Department at least 30 days before |
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| the date set by the Department for the
examination. In the case |
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| of a firm, corporation, partnership, or
association, the |
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| application must specify the name of a designated agent who |
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| will take the examination on behalf of the firm, corporation, |
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| partnership, or
association.
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| (b) The application shall be accompanied by the required |
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| fee and shall contain the following:
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| (1) The name, address, and telephone number of
the
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| business and (i) the individual, if a sole
proprietorship; |
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| (ii) the
partners, if a firm or partnership; or (iii) |
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| officers, if a corporation or association.
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| (2) An original certificate of insurance
documenting |
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| that
the remodeler carries general liability insurance |
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| with a minimum of $100,000
per
occurrence, bodily injury |
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| insurance with a minimum of $300,000 per occurrence,
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| property damage insurance with a minimum of $50,000, and |
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09400HB3779ham001 |
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LRB094 09447 RAS 43375 a |
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| worker's compensation
insurance with a minimum $500,000. |
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| No registration may be issued in the
absence of this
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| certificate. Certificates must be in force at all times for |
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| registration to
remain valid. |
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| (3) An
indemnification bond in the amount of $20,000 or |
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| a letter of credit in the same
amount
for work performed in |
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| accordance with this Act and the rules adopted under
this |
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| Act.
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| (4) In the case of a firm, corporation, partnership, or
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| association, the name of its designated agent. |
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| (5) Any other information the Department may deem |
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| necessary to determine the applicant's qualifications for |
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| licensure. |
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| (c) If the application for examination is approved, the |
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| Department shall
promptly notify the applicant in writing of |
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| such approval and of the place
and time of the examination. If |
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| the application is disapproved, the Department
shall promptly |
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| notify the applicant in writing of such disapproval, stating
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| the reasons for disapproval.
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| (d) If an applicant neglects, fails, or refuses to take an |
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| examination
for license under this Act, the application is |
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| denied. However, such
applicant may submit a new application |
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| for examination, accompanied by the
required application fee. |
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| Application fees for examination for a primary home remodeler
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| license are not refundable. |
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| Section 45. Issuance of license. The Secretary shall issue |
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| a primary home remodeler license to each applicant
who |
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| successfully passes the examination, or whose designated agent |
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| successfully passes the examination, and has paid to the |
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| Department the
required license fee. Each primary home |
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| remodeler license shall be issued in the name
of the Department |
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| with the seal thereof attached. |
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09400HB3779ham001 |
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LRB094 09447 RAS 43375 a |
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| Section 50. Licensure by endorsement. |
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| (a)
Upon the payment of the required fee, an applicant who |
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| is registered or licensed as a primary home remodeler in |
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| another state may, without examination,
be granted a license by |
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| the Department, provided that the Board finds that the |
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| requirements for the registration or
licensing of primary home |
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| remodelers in such other state
were, at the date of the |
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| registration or license,
substantially equal to the |
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| requirements then in force in this State, and
provided that the |
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| same privilege of licensure or registration is accorded by that |
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| state to licensed primary home remodelers in the
State of |
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| Illinois.
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| (b) A primary home remodeler licensed or registered as a |
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| primary home remodeler by another state whose license |
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| requirements are substantially equal
to the requirements for a |
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| primary home remodeler license in Illinois, and that state
does |
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| not have a reciprocal agreement with the State of Illinois, may |
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| apply for and be
issued an license under this Act if the |
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| applicant successfully passes the
examination and pays the |
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| required fees. |
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| Section 55. Change in business information. A licensee must |
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| notify the Department in advance of any changes in the
business
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| structure, name, or location or of the termination of the |
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| designated agent listed on the application. Failure to notify |
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| the Department
of this
information is grounds for suspension or |
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| revocation of the primary home remodeler license.
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| Section 60. Duration of license; continuing education; |
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| license renewal, reinstatement, or restoration. |
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| (a) All licenses
issued
under this Act shall expire on |
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| April 30 next
following date of issuance.
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| (b) Upon the recommendation of the Board, the Department |
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| may require by rule
that each primary home remodeler or its |
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09400HB3779ham001 |
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LRB094 09447 RAS 43375 a |
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| designated agents annually complete a minimum number of hours |
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| of
classroom
instruction and provide evidence of attending the |
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| classes before
receiving a renewal license. A continuing |
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| education requirement
established by the Department shall not |
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| exceed 15
hours per year. In support of these
requirements, the |
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| Department shall by rule establish curricula for continuing
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| education and requirements for instructors and may certify |
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| instructors and
training
programs and schools for continuing |
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| education.
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| (c) A primary home remodeler license may be renewed for a
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| period
of one year upon payment of
the required renewal fee
and |
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| submission of required evidence of successful completion of any |
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| required
continuing education courses. Application for renewal |
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| shall be on forms
provided by
the Department.
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| (d) A licensee whose license has been expired
for a period |
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| of less than 5 years may apply to the Department for |
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| reinstatement
of his or her license. The Department shall issue |
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| the license renewal provided
the applicant
pays to the |
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| Department all lapsed renewal fees, plus the reinstatement fee. |
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| (e) A licensee who has permitted
his or her license to |
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| expire for more than 5 years may apply, in writing,
to the
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| Department for
restoration of his or her license. The |
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| Department shall restore his or
her
license provided
he or she
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| pays to the Department the required restoration fee and shall |
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| successfully pass
the
examination for a license. The |
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| restoration fee includes
the
applicant's examination fee. |
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| Failure by the applicant to successfully pass the
examination |
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| shall be sufficient grounds for the Department to
withhold |
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| issuance of the requested restoration of the applicant's |
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| license. The
applicant may retake the examination in accordance |
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| with the provisions of this
Act.
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| (f) The Department shall reinstate a license that expires |
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| while a licensee
is in the active military service of the |
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| United States upon application
to the Department by
the former |
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09400HB3779ham001 |
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LRB094 09447 RAS 43375 a |
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| licensee within 2 years after termination of such military
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| service, payment of the annual license fee, and submission of |
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| evidence of
such military service. The license shall be |
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| reinstated without examination
and without payment of the |
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| lapsed renewal fee. |
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| Section 65. Denial, suspension, or revocation of a license. |
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| The Secretary, after notice and opportunity for hearing to the
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| applicant, license holder, or registrant, may deny, suspend, or
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| revoke a
license or registration in any case in which he or she |
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| finds that there has
been a
substantial failure to comply with |
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| the provisions of this Act or the
rules adopted pursuant to |
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| this Act.
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| Notice shall be provided by certified mail or by personal |
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| service
setting forth the particular reasons for the proposed |
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| action and fixing a
date, not less than 20 days from the date |
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| of the mailing or service, within
which time the applicant or |
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| license holder must request in
writing a hearing. Failure to |
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| serve upon the Department a request for
hearing in writing |
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| within the time provided in the notice shall constitute
a |
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| waiver of the person's right to an administrative hearing.
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| The hearing shall be conducted by the Secretary or by an |
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| individual
designated in writing by the Secretary as a hearing |
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| officer to conduct the
hearing. The Secretary or hearing |
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| officer shall give written notice of the
time and place of the |
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| hearing, by certified mail or personal service, to
the |
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| applicant, license holder, or registrant at least 10 days prior
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| to the hearing. On
the basis of the hearing, or upon default of |
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| the applicant, license
holder, or registrant, the Secretary |
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| shall make a determination specifying
his or her
findings and |
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| conclusions. A copy of the determination shall be sent by
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| certified mail or served personally upon the applicant, license
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| holder, or registrant.
The decision of the Secretary shall be |
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| final on issues of fact and final in
all respects unless |
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09400HB3779ham001 |
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LRB094 09447 RAS 43375 a |
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| judicial review is sought as provided in this Act.
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| The procedure governing hearings authorized by this |
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| Section shall be in
accordance with rules promulgated by the |
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| Department. A full and complete
record shall be kept of all |
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| proceedings, including the notice of hearing,
complaint, and |
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| all other documents in the nature of pleadings, written
motions |
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| filed in the proceedings, and the report and orders of the |
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| Secretary
and hearing officer.
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| The Department at its expense shall provide a court |
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| reporter to take
testimony. Technical error in the proceedings |
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| before the Department or
hearing officer or their failure to |
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| observe the technical rules of evidence
shall not be grounds |
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| for the reversal of any administrative decision unless
it |
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| appears to the court that such error or failure materially |
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| affects the
rights of any party and results in substantial |
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| injustice to them.
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| The Department or hearing officer, or any parties in an |
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| investigation
or hearing before the Department, may cause the |
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| depositions of witnesses
within the State to be taken in the |
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| manner prescribed by law for
depositions in civil actions in |
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| courts of this State, and
compel the attendance of witnesses |
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| and the production of books, papers,
records, or memoranda.
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| The Department shall not be required to certify any record |
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| to the
court or file any answer in court or otherwise appear in |
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| any court in a
judicial review proceeding, unless there is |
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| filed in the court with the
complaint a receipt from the |
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| Department acknowledging payment of the costs
of furnishing and |
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| certifying the record. Such cost shall be paid by the
party |
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| requesting a copy of the record. Failure on the part of the |
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| person
requesting a copy of the record to pay the cost shall be |
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| grounds for dismissal
of the action. |
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| Section 70. Grounds for discipline. |
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| (a) The Secretary may deny, revoke, or
suspend a license |
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09400HB3779ham001 |
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LRB094 09447 RAS 43375 a |
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| when findings show one or more of the following:
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| (1) That the licensee or registrant obtained or |
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| conspired with others
to obtain a
license or registration |
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| by inducing the issuance thereof in consideration
of the |
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| payment of
money or delivery of any other thing of value or |
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| by and through
misrepresentation of facts.
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| (2) That the licensee willfully violated any law of |
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| this
State or any
rule adopted thereunder regulating |
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| primary home remodelers.
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| (3) That the licensee has been guilty of negligence or
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| incompetence in
the performance of primary home remodeling |
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| services.
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| (4) That the licensee has loaned or in any manner
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| transferred
his or her license to another person.
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| (b) If a license is suspended or revoked, then the license |
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| shall be
surrendered to the Department but, if suspended, it |
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| shall be returned to
the licensee upon the termination of the |
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| suspension period.
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| (c) The Department may refuse to issue or may suspend the |
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| license
of any person who fails to file a return, or to pay the |
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| tax, penalty, or
interest shown in a filed return, or to pay |
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| any final assessment of tax,
penalty, or interest as required |
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| by any tax Act administered by the
Illinois Department of |
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| Revenue, until such time as the requirements of the tax Act are |
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| satisfied. |
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| Section 75. Subpoena power. The Secretary or hearing |
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| officer shall have power to
subpoena to any hearing authorized |
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| by this Act any person in this State to
give testimony and |
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| evidence either orally or by deposition or both. The
Secretary |
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| or hearing officer may also issue subpoena duces tecum
for |
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| production of any books and records and other documents for |
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| evidence at
any authorized hearing under this Act. Witnesses |
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| subpoenaed as provided
herein shall be paid the same witness |
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LRB094 09447 RAS 43375 a |
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| fees and mileage as provided for
witnesses who are subpoenaed |
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| to give testimony in any civil case in a court
of this State. |
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| The Secretary or hearing officer is hereby empowered
to |
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| administer oaths or affirmations to witnesses at any hearing |
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| authorized
by this Act. |
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| Section 80. Attendance of any witness and production of |
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| books, papers
or documents. Any circuit court upon the |
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| application of the
Secretary or any party of record to a |
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| hearing authorized by this Act may
order the attendance of any |
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| witness and the production of any books, papers,
or documents |
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| in this State at any hearing authorized by this Act for the
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| purpose of giving testimony or evidence. Any court thereof as
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| provided in this Section may compel obedience to such order for |
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| appearance
or production of records by proceedings for |
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| contempt. |
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| Section 85. Order or certified copy; prima facie proof. An |
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| order of
suspension, revocation, or reinstatement of a license, |
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| or of dismissal of a
complaint or petition, or a certified copy |
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| of such an order, over the seal
of the Department and |
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| purporting to be signed by the Secretary, shall be
prima facie |
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| proof that:
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| (1) the signature is the genuine signature of the |
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| Secretary;
and
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| (2) the Secretary is duly appointed and qualified. |
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| Section 90. Administrative Review Law. All final |
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| administrative decisions of the Secretary hereunder shall
be |
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| subject to judicial review pursuant to the provisions of the |
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| Administrative
Review Law, and all amendments and |
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| modifications thereof, and the rules
adopted pursuant thereto. |
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| The term "administrative decision" is defined
as in Section |
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| 3-101 of the Code of Civil Procedure. |
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| Section 95. Illinois Administrative Procedure Act. The |
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| provisions of the Illinois
Administrative Procedure Act are |
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| hereby expressly adopted and shall apply to
all administrative |
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| rules and procedures of the Department under this Act, except |
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| that Section 5-35 of the Illinois Administrative
Procedure Act |
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| relating to procedures for rulemaking does not apply to the
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| adoption of any rule required by federal law in connection with |
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| which the
Department is precluded by law from exercising any |
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| discretion. |
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| Section 100. Criminal penalties; injunction. |
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| (1) Except as otherwise provided in subsection (c) of |
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| Section 125
of this Act, any person violating any provision of |
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| this Act or its
rules shall be
guilty of a Class B misdemeanor |
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| with a fine of $500 for
the first
offense; and a second or |
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| subsequent violation of this Act or its rules shall be
guilty |
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| of a Class A misdemeanor with a fine of $1,000.
Each day of
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| violation constitutes a separate offense. The State's Attorney |
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| of the
county in which the violation occurred or the Attorney |
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| General shall
bring such actions in the name of the People of |
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| the State of Illinois.
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| (2) If it is established that the defendant contrary to |
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| this Act has
been or is performing primary home remodeling |
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| services without having
been issued a license or under a |
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| suspended, revoked, or nonrenewed license, then the court may |
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| enter a judgment
perpetually enjoining the defendant from |
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| further performing primary home remodeling services
contrary |
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| to this Act. In case of violation of any injunction entered
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| under this Section, the court may summarily try
and punish the |
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| offender for contempt of court. Such injunction
proceedings |
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| shall be in addition to, and not in lieu of, all penalties
and |
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| other remedies provided in this Act. |
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LRB094 09447 RAS 43375 a |
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| Section 105. Unlicensed and unregistered practice; |
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| violation; civil
penalty.
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| (a) A person who practices, offers to practice, attempts to |
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| practice, or
holds himself or herself out to practice as a |
5 |
| primary home remodeler without being licensed
under this Act
|
6 |
| shall, in addition to any other penalty provided by law, pay a |
7 |
| civil penalty to
the Department in an amount not to exceed |
8 |
| $5,000 for each offense as determined
by the Department. The |
9 |
| civil penalty shall be assessed by the Department after
a |
10 |
| hearing is held in accordance with the provisions of this Act
|
11 |
| regarding the provision of a hearing for the discipline of a |
12 |
| licensee.
|
13 |
| (b) The Department has the authority and power to |
14 |
| investigate any person who
practices, offers to practice, |
15 |
| attempts to practice, or holds himself or
herself
out to |
16 |
| practice as a primary home remodeler without being licensed
|
17 |
| under this Act.
|
18 |
| (c) The civil penalty shall be paid within 60 days after |
19 |
| the effective date
of the order imposing the civil penalty. The |
20 |
| order shall constitute a judgment
and may be filed and |
21 |
| execution had on the judgment in the same manner as a
judgment
|
22 |
| from a court of record. |
23 |
| Section 110. Fees; deposit of moneys. |
24 |
| (a) The Department shall, by rule, establish a schedule of
|
25 |
| fees for examination, registration, and licensure sufficient |
26 |
| to offset the
costs of administration and enforcement of this |
27 |
| Act. |
28 |
| (b) All fees and fines collected pursuant to this Act shall |
29 |
| be deposited into the General Professions Dedicated Fund for |
30 |
| use by the Department in administering and enforcing this Act. |
31 |
| Section 115. Inspections. The Department is authorized and |
32 |
| directed to make inspections
necessary to determine compliance |
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| with this Act and its rules.
|
2 |
| Subject to constitutional limitations, the Department, by |
3 |
| its representatives,
after proper identification, is |
4 |
| authorized and shall have the power to enter
at reasonable |
5 |
| times, upon private and public property for the purpose of
|
6 |
| inspecting and investigating conditions relating to the |
7 |
| enforcement of this
Act and its rules. |
8 |
| Section 120. Advertising. |
9 |
| (a) Persons who advertise primary home remodeling services |
10 |
| must display a license issued under this Act at their place of |
11 |
| business.
The number of the license so displayed must also be |
12 |
| included on all their vehicles.
|
13 |
| (b) No person who provides primary home remodeling services |
14 |
| may advertise those services,
unless
that person includes in |
15 |
| the advertisement the license number that is required
to be |
16 |
| displayed under
subsection (a) of this Section. Nothing |
17 |
| contained in this subsection
(b) requires the publisher of |
18 |
| advertising for primary home remodeling services to |
19 |
| investigate or
verify the accuracy of the license number |
20 |
| provided by the
advertiser.
|
21 |
| (c) Any person who advertises primary home remodeling |
22 |
| services (i) who fails to display
the license number required |
23 |
| by subsection (a) of this Section in all manners required by
|
24 |
| that subsection, (ii) who fails to provide a publisher with the |
25 |
| correct number
under subsection (b) of this Section, or (iii) |
26 |
| who provides a publisher with a false license
number, or any |
27 |
| person who allows his or her license number to be displayed or |
28 |
| used
in
order to allow any other person
to circumvent any
|
29 |
| provisions of this Section is guilty of a Class A misdemeanor |
30 |
| with a fine of
$1,000. Each day that a person fails to display |
31 |
| the required license under
subsection (a) of this Section and |
32 |
| each day that an advertisement runs or each day that a
person
|
33 |
| allows his or her license to be displayed or used in violation |
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| of this Section
constitutes a separate offense.
|
2 |
| In addition to, and not in lieu of, the
penalties and |
3 |
| remedies provided for in this Section and other provisions of |
4 |
| this Act,
any person licensed under this Act who violates any |
5 |
| provision of this Section
shall be subject to suspension or |
6 |
| revocation of his or her license under
the provisions of this |
7 |
| Act.
|
8 |
| (c) In addition to, and not in lieu of, the penalties and |
9 |
| remedies
provided for in this Section and other provisions of |
10 |
| this Act, and
after notice and an opportunity for hearing, the |
11 |
| Department may issue an Order Of
Correction to the |
12 |
| telecommunications carrier furnishing service to any
telephone |
13 |
| number contained in a printed advertisement for primary home |
14 |
| remodeling services
that is found to be in violation of the |
15 |
| provisions
of this subsection (c). The Order of Correction |
16 |
| shall be limited to the
telephone number contained in the |
17 |
| unlawful advertisement. The Order of
Correction shall notify |
18 |
| the telecommunications carrier to disconnect the
telephone |
19 |
| service furnished to any telephone number contained in the
|
20 |
| unlawful advertisement and that subsequent calls to that number |
21 |
| shall not
be referred by the telecommunications carrier to any |
22 |
| new telephone number
obtained by or any existing number |
23 |
| registered to the person.
|
24 |
| If, upon investigation, the Department has probable cause |
25 |
| to believe
that a person has placed an advertisement with a |
26 |
| telecommunications carrier
that contains a false license |
27 |
| number or is placed or circulated by a person who is not |
28 |
| properly licensed under this
Act, the Department shall provide |
29 |
| notice to the person of the Department's
intent to issue an |
30 |
| Order of Correction to the telecommunications carrier to
|
31 |
| disconnect the telephone service furnished to any telephone |
32 |
| number
contained in the unlawful advertisement, and that |
33 |
| subsequent calls to that
number shall not be referred by the |
34 |
| telecommunications carrier to any new
telephone number |
|
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| obtained by or any existing number registered to the
person.
|
2 |
| Notice shall be provided by certified mail or by personal |
3 |
| service
setting forth the particular reasons for the proposed |
4 |
| action and fixing a
date, not less than 20 days from the date |
5 |
| of the mailing or service, within
which time the person may |
6 |
| request a hearing in writing. Failure to serve
upon the |
7 |
| Department a written request for hearing within the time |
8 |
| provided
in the notice shall constitute a waiver of the |
9 |
| person's right to an
administrative hearing. The hearing, |
10 |
| findings, and conclusions shall be in
accordance with the |
11 |
| provisions of this Act and the
Department's Rules of Practice |
12 |
| and Procedure in Administrative Hearings (77
Ill. Admin. Code |
13 |
| 100), which are incorporated by reference herein.
|
14 |
| Upon a finding that the person has violated the provisions |
15 |
| of this
subsection (c), the Department shall issue the Order of |
16 |
| Correction to the
telecommunications carrier. If the |
17 |
| telecommunications carrier fails to
comply with the Order of |
18 |
| Correction within 20 days after the order is
final, the |
19 |
| Department shall inform the Illinois Commerce Commission of the
|
20 |
| failure to comply and the Illinois Commerce Commission shall |
21 |
| require the
telecommunications carrier furnishing services to |
22 |
| that person to disconnect
the telephone service furnished to |
23 |
| the telephone number contained in the
unlawful advertisement |
24 |
| and direct that subsequent calls to that number
shall not be |
25 |
| referred by the telecommunications carrier to any new
telephone |
26 |
| number obtained by or any existing number registered to the
|
27 |
| person.
|
28 |
| A person may have his or her telephone services restored, |
29 |
| after an
Order of Correction has been issued, upon a showing, |
30 |
| to the satisfaction of
the Department, that he or she is in |
31 |
| compliance with the provisions of this
Act.
|
32 |
| (d) The Department may require by rule additional
|
33 |
| information concerning licensed primary home remodelers
|
34 |
| maintained in the register. The Department shall have the right |
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LRB094 09447 RAS 43375 a |
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| to examine
the payroll records of such persons to determine |
2 |
| compliance with this
provision. The Department's right to |
3 |
| examine payroll records is limited
solely to those records and |
4 |
| does not extend to any other business records. |
5 |
| Section 125. Home rule. The regulation and licensing of |
6 |
| primary home remodelers are exclusive powers and functions of |
7 |
| the State. A home rule unit may not regulate or license primary |
8 |
| home remodelers. This Section is a denial and limitation of |
9 |
| home rule powers and functions under subsection (h) of Article |
10 |
| VII of the Illinois Constitution. |
11 |
| Section 900. The Regulatory Sunset Act is amended by adding |
12 |
| Section
4.26 as follows:
|
13 |
| (5 ILCS 80/4.26 new)
|
14 |
| Sec. 4.26. Act repealed on January 1, 2016. The following |
15 |
| Act is repealed on January 1, 2016:
|
16 |
| The Primary Home Remodeler Licensing Act.
|
17 |
| Section 999. Effective date. This Act takes effect upon |
18 |
| becoming law.".
|