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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 changing | ||||||||||||||||||||||||
5 | Sections 4.20 and 4.30 as follows:
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6 | (5 ILCS 80/4.20)
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7 | Sec. 4.20. Acts repealed on January 1, 2010 and December | ||||||||||||||||||||||||
8 | 31, 2010.
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9 | (a) The following Acts are repealed on January 1, 2010:
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10 | The Auction License Act.
| ||||||||||||||||||||||||
11 | The Illinois Architecture Practice Act of 1989.
| ||||||||||||||||||||||||
12 | The Illinois Landscape Architecture Act of 1989.
| ||||||||||||||||||||||||
13 | The Illinois Professional Land Surveyor Act of 1989.
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14 | The Land Sales Registration Act of 1999.
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15 | The Orthotics, Prosthetics, and Pedorthics Practice | ||||||||||||||||||||||||
16 | Act.
| ||||||||||||||||||||||||
17 | The Perfusionist Practice Act.
| ||||||||||||||||||||||||
18 | The Professional Engineering Practice Act of 1989.
| ||||||||||||||||||||||||
19 | The Real Estate License Act of 2000.
| ||||||||||||||||||||||||
20 | The Structural Engineering Practice Act of 1989.
| ||||||||||||||||||||||||
21 | (b) The following Act is repealed on December 31, 2010: | ||||||||||||||||||||||||
22 | The Medical Practice Act of 1987. | ||||||||||||||||||||||||
23 | (Source: P.A. 95-1018, eff. 12-18-08.)
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| |||||||
1 | (5 ILCS 80/4.30 new)
| ||||||
2 | Sec. 4.30. Act repealed on January 1, 2020. The following | ||||||
3 | Act is repealed on January 1, 2020: | ||||||
4 | The Illinois Architecture Practice Act of 1989. | ||||||
5 | Section 10. The Illinois Architecture Practice Act of 1989 | ||||||
6 | is amended by changing Sections 3, 4, 5, 6, 8, 9, 10, 11, 12, | ||||||
7 | 13, 21, 22, 23.5, 36, and 38 and by adding Sections 4.5, and | ||||||
8 | 17.5 as follows:
| ||||||
9 | (225 ILCS 305/3) (from Ch. 111, par. 1303)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
11 | Sec. 3. Application of Act. Nothing in this Act shall be
| ||||||
12 | deemed or construed to prevent the practice of structural | ||||||
13 | engineering as
defined in the Structural Engineering Practice | ||||||
14 | Act of 1989, the practice
of professional engineering as | ||||||
15 | defined in the Professional Engineering
Practice Act of 1989, | ||||||
16 | or the preparation of documents used to prescribe
work to be | ||||||
17 | done inside buildings for non-loadbearing interior | ||||||
18 | construction,
furnishings, fixtures and equipment, or the | ||||||
19 | offering or preparation of
environmental analysis, feasibility | ||||||
20 | studies, programming or construction
management services by | ||||||
21 | persons other than those licensed in accordance with
this Act, | ||||||
22 | the Structural Engineering Practice Act of 1989 or
the | ||||||
23 | Professional Engineering Practice Act of 1989.
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| |||||||
1 | Nothing contained in this Act shall prevent the draftsmen, | ||||||
2 | students,
project representatives and other employees of those | ||||||
3 | lawfully practicing as
licensed architects under the | ||||||
4 | provisions of this Act, from acting under the responsible
| ||||||
5 | direct supervision and control of their employers, or to | ||||||
6 | prevent the
employment of project representatives for | ||||||
7 | enlargement or alteration of
buildings or any parts thereof, or | ||||||
8 | prevent such project representatives
from acting under the | ||||||
9 | responsible direct supervision and control of the licensed
| ||||||
10 | architect by whom the construction documents including | ||||||
11 | drawings and
specifications of any such building, enlargement | ||||||
12 | or alteration were prepared.
| ||||||
13 | Nothing in this Act or any other Act shall prevent a | ||||||
14 | licensed
architect from practicing interior design services. | ||||||
15 | Nothing in this Act
shall be construed as requiring the | ||||||
16 | services of an interior designer for
the interior designing of | ||||||
17 | a single family residence.
| ||||||
18 | No officer, board, commission, or other public entity | ||||||
19 | charged with the enforcement of codes and ordinances requiring | ||||||
20 | the involvement of an architect shall accept for filing or | ||||||
21 | approval any technical submissions that do not bear the seal | ||||||
22 | and signature of an architect licensed under this Act. | ||||||
23 | The involvement of a licensed architect is not required for | ||||||
24 | the following:
| ||||||
25 | (A) The building, remodeling or repairing of any | ||||||
26 | building
or other structure outside of the corporate limits |
| |||||||
| |||||||
1 | of any city or village,
where such building or structure is | ||||||
2 | to be, or is used for
farm purposes, or for the purposes of | ||||||
3 | outbuildings or auxiliary buildings
in connection with | ||||||
4 | such farm premises.
| ||||||
5 | (B) The construction, remodeling or repairing of a | ||||||
6 | detached
single family residence on a single lot.
| ||||||
7 | (C) The construction, remodeling or repairing of a
| ||||||
8 | two-family residence of wood frame construction on a single | ||||||
9 | lot, not more
than two stories and basement in height.
| ||||||
10 | (D) Interior design services for buildings which
do not | ||||||
11 | involve life safety or structural changes.
| ||||||
12 | However, when an ordinance of a unit of local government | ||||||
13 | requires the involvement of a licensed architect for any | ||||||
14 | buildings included in the preceding paragraphs (A) through (D), | ||||||
15 | the requirements of this Act shall apply. All buildings not | ||||||
16 | included in the preceding paragraphs (A)
through (D), including | ||||||
17 | multi-family buildings and buildings previously
exempt from | ||||||
18 | the involvement of a licensed architect under those paragraphs | ||||||
19 | but subsequently non-exempt due to a change
in occupancy or | ||||||
20 | use, are subject to the requirements of this Act. Interior
| ||||||
21 | alterations which result in life safety or structural changes | ||||||
22 | of the
building are subject to the requirements of this Act.
| ||||||
23 | (Source: P.A. 92-16, eff. 6-28-01; 93-1009, eff. 1-1-05.)
| ||||||
24 | (225 ILCS 305/4) (from Ch. 111, par. 1304)
| ||||||
25 | (Section scheduled to be repealed on January 1, 2010)
|
| |||||||
| |||||||
1 | Sec. 4. Definitions. In this Act:
| ||||||
2 | "Architect, Retired" means a person who has been duly | ||||||
3 | licensed as an architect by the Department and has chosen to | ||||||
4 | relinquish or not renew his or her license pursuant to Section | ||||||
5 | 17.5 of this Act. | ||||||
6 | "Architectural intern" means an unlicensed person who has | ||||||
7 | completed the education requirements, is actively | ||||||
8 | participating in the diversified professional training, and | ||||||
9 | maintains in good standing a training record as required for | ||||||
10 | licensure by this Act and may use the title "architectural | ||||||
11 | intern", but may not independently engage in the practice of | ||||||
12 | architecture. | ||||||
13 | "Board" means the Illinois Architecture Licensing Board | ||||||
14 | appointed by the Secretary. | ||||||
15 | (a) "Department" means the Department of Financial and | ||||||
16 | Professional Regulation.
| ||||||
17 | "Design build" and "design build entity" means the project | ||||||
18 | delivery process defined in Title 68, Section 1150.85 of the | ||||||
19 | Illinois Administrative Code. | ||||||
20 | (b) "Director" means the Director of Professional | ||||||
21 | Regulation.
| ||||||
22 | (c) "Board" means the Illinois Architecture Licensing | ||||||
23 | Board appointed by the Director.
| ||||||
24 | (d) "Public health" as related to the practice of | ||||||
25 | architecture means the state of the well-being of the body or | ||||||
26 | mind of the building user.
|
| |||||||
| |||||||
1 | (e) "Public safety" as related to the practice of | ||||||
2 | architecture means the state of being reasonably free from risk | ||||||
3 | of danger, damage, or injury.
| ||||||
4 | (f) "Public welfare" as related to the practice of | ||||||
5 | architecture means the well-being of the building user | ||||||
6 | resulting from the state of a physical environment that | ||||||
7 | accommodates human activity. | ||||||
8 | "Secretary" means the Secretary of Financial and | ||||||
9 | Professional Regulation.
| ||||||
10 | (Source: P.A. 93-1009, eff. 1-1-05.)
| ||||||
11 | (225 ILCS 305/4.5 new) | ||||||
12 | (Section scheduled to be repealed on January 1, 2010) | ||||||
13 | Sec. 4.5. References to Department or Director of | ||||||
14 | Professional Regulation. References in this Act (i) to the | ||||||
15 | Department of Professional Regulation are deemed, in | ||||||
16 | appropriate contexts, to be references to the Department of | ||||||
17 | Financial and Professional Regulation and (ii) to the Director | ||||||
18 | of Professional Regulation are deemed, in appropriate | ||||||
19 | contexts, to be references to the Secretary of Financial and | ||||||
20 | Professional Regulation.
| ||||||
21 | (225 ILCS 305/5) (from Ch. 111, par. 1305)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
23 | Sec. 5. Architect defined; Acts constituting practice. | ||||||
24 | (a) An
architect is a person who is qualified by education, |
| |||||||
| |||||||
1 | training, experience,
and examination, and who is licensed | ||||||
2 | under the laws of this State, to
practice architecture.
| ||||||
3 | (b) The practice of architecture within the meaning and | ||||||
4 | intent of this Act
includes the offering or furnishing of | ||||||
5 | professional services, such as
consultation, environmental | ||||||
6 | analysis, feasibility studies, programming,
planning, | ||||||
7 | aesthetic and structural design, technical submissions
| ||||||
8 | consisting of drawings and specifications and other documents | ||||||
9 | required in
the construction process, administration of | ||||||
10 | construction contracts, project
representation, and | ||||||
11 | construction management, in connection with the
construction | ||||||
12 | of any private or public building, building structure,
building | ||||||
13 | project, or addition to or alteration or restoration thereof.
| ||||||
14 | (c) Nothing contained in this Section imposes upon a person | ||||||
15 | licensed under this Act the responsibility for the performance | ||||||
16 | of any of the activities set forth in subsection (b), unless | ||||||
17 | such person specifically contracts to provide the function. | ||||||
18 | (Source: P.A. 92-360, eff. 1-1-02.)
| ||||||
19 | (225 ILCS 305/6) (from Ch. 111, par. 1306)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
21 | Sec. 6. Technical submissions. All
technical submissions
| ||||||
22 | intended for use in construction in the State of Illinois shall | ||||||
23 | be prepared
and administered in accordance with standards of | ||||||
24 | reasonable professional
skill and diligence. Care shall be | ||||||
25 | taken to reflect the requirements of
State statutes and, where |
| |||||||
| |||||||
1 | applicable, county and municipal building
ordinances in such | ||||||
2 | submissions. In recognition that
architects are licensed
for | ||||||
3 | the protection of the public health, safety and welfare, | ||||||
4 | submissions
shall be of such quality and scope, and be so | ||||||
5 | administered, as to conform to
professional standards.
| ||||||
6 | Technical submissions are the designs,
drawings and | ||||||
7 | specifications which
establish the scope of the architecture to | ||||||
8 | be constructed, the standard of
quality for materials, | ||||||
9 | workmanship, equipment, and construction systems,
and the | ||||||
10 | studies and other technical reports and calculations prepared | ||||||
11 | in
the
course of the
practice of architecture.
| ||||||
12 | It is unlawful to affix one's seal to technical | ||||||
13 | submissions, if it masks the true identity of the person who | ||||||
14 | actually exercised responsible control of the preparation of | ||||||
15 | such work. An architect who seals and signs technical | ||||||
16 | submissions is not responsible for damage caused by subsequent | ||||||
17 | changes to or uses of those technical submissions, where the | ||||||
18 | subsequent changes or uses, including changes or uses made by | ||||||
19 | State or local governmental agencies, are not authorized or | ||||||
20 | approved in writing by the architect who originally sealed and | ||||||
21 | signed the technical submissions. | ||||||
22 | (Source: P.A. 92-360, eff. 1-1-02.)
| ||||||
23 | (225 ILCS 305/8) (from Ch. 111, par. 1308)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
25 | Sec. 8. Powers and duties of the Department.
|
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| |||||||
1 | (1) Subject to the provisions of this Act, the Department | ||||||
2 | shall
exercise the following functions, powers, and duties:
| ||||||
3 | (a) conduct examinations to ascertain the | ||||||
4 | qualifications and fitness
of applicants for licensure as | ||||||
5 | licensed architects, and pass upon the
qualifications and | ||||||
6 | fitness of applicants for licensure by endorsement;
| ||||||
7 | (b) prescribe rules for a method of examination of | ||||||
8 | candidates;
| ||||||
9 | (c) prescribe rules defining what constitutes a | ||||||
10 | school, college or
university, or department of a | ||||||
11 | university, or other institution, reputable
and in good | ||||||
12 | standing, to determine whether or not a school, college or
| ||||||
13 | university, or department of a university, or other | ||||||
14 | institution is
reputable and in good standing by reference | ||||||
15 | to compliance with such
rules, and to terminate the | ||||||
16 | approval of such school, college or university
or | ||||||
17 | department of a university or other institution that | ||||||
18 | refuses admittance
to applicants solely on the basis of | ||||||
19 | race, color, creed, sex or national
origin. The Department | ||||||
20 | may adopt, as its own rules relating to education
| ||||||
21 | requirements, those guidelines published from time to time | ||||||
22 | by the National
Architectural Accrediting Board;
| ||||||
23 | (d) prescribe rules for diversified professional | ||||||
24 | training;
| ||||||
25 | (e) conduct oral interviews, disciplinary conferences | ||||||
26 | and formal
evidentiary hearings on proceedings to impose |
| |||||||
| |||||||
1 | fines or to suspend, revoke,
place on probationary status, | ||||||
2 | reprimand, and refuse to issue or restore any
license | ||||||
3 | issued under the provisions of this Act for the reasons set | ||||||
4 | forth
in Section 22 of this Act;
| ||||||
5 | (f) issue licenses to those who meet the requirements | ||||||
6 | of this Act;
| ||||||
7 | (g) formulate and publish rules necessary or | ||||||
8 | appropriate to carrying out
the provisions of this Act; and
| ||||||
9 | (h) maintain membership in the National Council of | ||||||
10 | Architectural
Registration Boards and participate in | ||||||
11 | activities of the Council by
designation of individuals for | ||||||
12 | the various classifications of membership and
the | ||||||
13 | appointment of delegates for attendance at regional and | ||||||
14 | national meetings
of the Council. All costs associated with | ||||||
15 | membership and attendance of such
delegates to any national | ||||||
16 | meetings may be funded from the Design Professionals
| ||||||
17 | Administration and Investigation Fund.
| ||||||
18 | (2) Prior to issuance of any final decision or order that | ||||||
19 | deviates from
any report or recommendation of the Board | ||||||
20 | relating to the qualification of
applicants, discipline of | ||||||
21 | licensees or registrants, or promulgation of rules,
the | ||||||
22 | Director shall notify the Board in writing with an explanation | ||||||
23 | of the deviation and provide a reasonable time for the Board to | ||||||
24 | submit
written comments to the Director regarding the proposed
| ||||||
25 | action. In the event that the Board fails or declines to submit
| ||||||
26 | written comments within 30 days of the notification, the |
| |||||||
| |||||||
1 | Director
may issue a final decision or order consistent with | ||||||
2 | the
Director's original decision. The Department may at any | ||||||
3 | time seek the expert
advice and knowledge of the Board on any | ||||||
4 | matter relating to the enforcement of
this Act.
| ||||||
5 | (3) The Department may in its discretion, but shall not be | ||||||
6 | required to, retain the ability to employ or utilize the legal | ||||||
7 | services of outside counsel and the investigative services of | ||||||
8 | outside personnel to assist the Department. However, no | ||||||
9 | attorney employed or used by the Department shall prosecute a | ||||||
10 | matter or provide legal services to the Department or Board | ||||||
11 | with respect to
the same matter. | ||||||
12 | (Source: P.A. 91-133, eff. 1-1-00; 92-16, eff. 6-28-01.)
| ||||||
13 | (225 ILCS 305/9) (from Ch. 111, par. 1309)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
15 | Sec. 9. Creation of the Board. The Director shall appoint | ||||||
16 | an
Architecture Licensing Board which will consist of 6 | ||||||
17 | members.
Five members
shall be licensed architects, one of whom | ||||||
18 | shall be a tenured member of the
architectural faculty of an | ||||||
19 | Illinois public university accredited by the National | ||||||
20 | Architectural Accrediting Board the University of Illinois . | ||||||
21 | The other 4 shall be
licensed architects, residing in this | ||||||
22 | State, who have been engaged in the
practice of architecture at | ||||||
23 | least 10 years. In addition to the 5 licensed
architects, there | ||||||
24 | shall be one public member. The public member shall be a
voting | ||||||
25 | member and shall not hold a license as an architect, |
| |||||||
| |||||||
1 | professional
engineer, structural engineer or land surveyor.
| ||||||
2 | Board members shall serve 5 year terms and until their | ||||||
3 | successors are
appointed and qualified. In making the | ||||||
4 | designation of
persons to the Board, the Director shall give | ||||||
5 | due consideration to
recommendations by members and | ||||||
6 | organizations of the profession.
| ||||||
7 | The membership of the Board should reasonably reflect | ||||||
8 | representation from
the geographic areas in this State.
| ||||||
9 | No member shall be reappointed to the Board for a term | ||||||
10 | which would cause
his or her continuous service on the Board to | ||||||
11 | be longer than 10 successive
years.
Service prior to the | ||||||
12 | effective date of this Act shall not be considered.
| ||||||
13 | Appointments to fill vacancies shall be made in the same | ||||||
14 | manner as
original appointments, for the unexpired portion of | ||||||
15 | the vacated term.
Initial terms shall begin upon the effective | ||||||
16 | date of this Act and Board
members in office on that date under | ||||||
17 | the predecessor Act may be appointed
to specific terms as | ||||||
18 | indicated in this Section.
| ||||||
19 | Persons holding office as members of the Board under the | ||||||
20 | Illinois
Architecture Act immediately prior to the effective | ||||||
21 | date of this Act shall
continue as members of the Board under | ||||||
22 | this Act until the expiration of the
term for which they were | ||||||
23 | appointed and until their successors are appointed and
| ||||||
24 | qualified.
| ||||||
25 | A quorum of the Board shall consist of a majority of Board | ||||||
26 | members
currently appointed. A majority vote of the quorum is |
| |||||||
| |||||||
1 | required for Board
decisions.
| ||||||
2 | The Director may remove any member of the Board for | ||||||
3 | misconduct,
incompetence, neglect of duty, or for reasons | ||||||
4 | prescribed by law for
removal of State officials.
| ||||||
5 | The Director may remove a member of the Board who does not | ||||||
6 | attend 2
consecutive meetings.
| ||||||
7 | Notice of proposed rulemaking shall be transmitted to the | ||||||
8 | Board and the
Department shall review the response of the Board | ||||||
9 | and any recommendations
made therein. The Department may, at | ||||||
10 | any time, seek the expert advice and
knowledge of the Board on | ||||||
11 | any matter relating to the administration or
enforcement of | ||||||
12 | this Act.
| ||||||
13 | Members of the Board are immune from suit in any action | ||||||
14 | based upon
any disciplinary proceedings or other activities | ||||||
15 | performed in good faith as
members of the Board.
| ||||||
16 | (Source: P.A. 91-133, eff. 1-1-00.)
| ||||||
17 | (225 ILCS 305/10) (from Ch. 111, par. 1310)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
19 | Sec. 10. Powers and duties of the Board.
| ||||||
20 | (a) The Board shall hold at
least 3 regular meetings each | ||||||
21 | year.
| ||||||
22 | (b) The Board shall annually elect a Chairperson and a Vice | ||||||
23 | Chairperson who
shall be licensed
architects.
| ||||||
24 | (c) The Board, upon request by the Department, may make a | ||||||
25 | curriculum
evaluation to determine if courses conform to the |
| |||||||
| |||||||
1 | requirements of approved
architectural programs.
| ||||||
2 | (d) The Board shall assist the Department in conducting | ||||||
3 | oral interviews,
disciplinary conferences and formal | ||||||
4 | evidentiary hearings.
| ||||||
5 | (e) The Department may, at any time, seek the expert advice | ||||||
6 | and knowledge
of the Board on any matter relating to the | ||||||
7 | enforcement of this Act.
| ||||||
8 | (f) The Board may appoint a subcommittee to serve as a | ||||||
9 | Complaint Committee
to recommend the disposition of case files | ||||||
10 | according to procedures established
by rule in Title 68, | ||||||
11 | Section 1150.95 of the Illinois Administrative Code .
| ||||||
12 | (g) The Board shall review applicant qualifications to sit | ||||||
13 | for
the examination or for licensure and shall make | ||||||
14 | recommendations to the
Department. The Department shall review | ||||||
15 | the Board's recommendations on
applicant qualifications. The | ||||||
16 | Director shall notify the Board in writing
with an explanation | ||||||
17 | of any deviation from the Board's recommendation on
applicant | ||||||
18 | qualifications. After review of the Director's written
| ||||||
19 | explanation of his or her reasons for deviation, the Board | ||||||
20 | shall have the
opportunity to comment upon the Director's | ||||||
21 | decision.
| ||||||
22 | (h) The Board shall submit written comments to the Director | ||||||
23 | within 30 days
from
notification of any final decision or order | ||||||
24 | from the Director that deviates
from any report or | ||||||
25 | recommendation of the Board relating to the qualifications
of | ||||||
26 | applicants, discipline of licensees or registrants , unlicensed |
| |||||||
| |||||||
1 | practice , or promulgation of
rules.
| ||||||
2 | (i) The Board may recommend that the Department contract | ||||||
3 | with a corporation or other business entity to assist in the | ||||||
4 | providing of investigative, legal, prosecutorial, and other | ||||||
5 | services necessary to perform its duties pursuant to Section | ||||||
6 | 8.3 of this Act. | ||||||
7 | (Source: P.A. 91-133, eff. 1-1-00.)
| ||||||
8 | (225 ILCS 305/11) (from Ch. 111, par. 1311)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
10 | Sec. 11. Application for original license. Applications | ||||||
11 | for original
licensure shall be made to the Department in | ||||||
12 | writing on forms prescribed by
the Department and shall be | ||||||
13 | accompanied by the required fee, which is
not refundable. Any | ||||||
14 | such application shall require information as in
the judgment | ||||||
15 | of the Department will enable the Department to pass on the
| ||||||
16 | qualifications of the applicant to practice architecture.
The | ||||||
17 | Department may require an applicant, at the applicant's | ||||||
18 | expense, to have
an evaluation of the applicant's education in | ||||||
19 | a foreign country by a nationally
recognized educational body | ||||||
20 | approved by the Board in accordance with rules
prescribed by | ||||||
21 | the Department.
| ||||||
22 | An applicant who has graduated from an architectural | ||||||
23 | program outside the
United
States or its territories and whose | ||||||
24 | first language is not English shall submit
certification of | ||||||
25 | passage of the Test of English as a Foreign Language (TOEFL)
|
| |||||||
| |||||||
1 | and a test of spoken English the Test of Spoken English (TSE) | ||||||
2 | as defined by rule .
| ||||||
3 | (Source: P.A. 91-133, eff. 1-1-00.)
| ||||||
4 | (225 ILCS 305/12) (from Ch. 111, par. 1312)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
6 | Sec. 12. Examinations; subjects; failure or refusal to take
| ||||||
7 | examination. The Department shall authorize examination of | ||||||
8 | applicants as
architects at such times and places as it may | ||||||
9 | determine. The examination
shall be in English and shall be | ||||||
10 | written or written and graphic. It shall
include at a minimum | ||||||
11 | the following subjects:
| ||||||
12 | (a) pre-design (environmental analysis, architectural | ||||||
13 | programming,
and application of principles of project | ||||||
14 | management and coordination);
| ||||||
15 | (b) site planning (site analysis, design and | ||||||
16 | development, parking,
and application of zoning | ||||||
17 | requirements);
| ||||||
18 | (c) building planning (conceptual planning of | ||||||
19 | functional and space
relationships, building design, | ||||||
20 | interior space layout, barrier-free design,
and the | ||||||
21 | application of the life safety code requirements and | ||||||
22 | principles of
energy efficient design);
| ||||||
23 | (d) building technology (application of structural | ||||||
24 | systems, building
components, and mechanical and | ||||||
25 | electrical systems);
|
| |||||||
| |||||||
1 | (e) general structures (identification, resolution, | ||||||
2 | and incorporation
of structural systems and the long span | ||||||
3 | design on the technical aspects of
the design of buildings | ||||||
4 | and the process and construction);
| ||||||
5 | (f) lateral forces (identification and resolution of | ||||||
6 | the effects of
lateral forces on the technical aspects of | ||||||
7 | the design of buildings and the
process of construction);
| ||||||
8 | (g) mechanical and electrical systems (as applied to | ||||||
9 | the
design of buildings, including plumbing and acoustical | ||||||
10 | systems);
| ||||||
11 | (h) materials and methods (as related to the design of | ||||||
12 | buildings
and the technical aspects of construction); and
| ||||||
13 | (i) construction documents and services (conduct of | ||||||
14 | architectural
practice as it relates to construction | ||||||
15 | documents, bidding, and construction
administration and | ||||||
16 | contractual documents from beginning to end of a building
| ||||||
17 | project).
| ||||||
18 | It shall be the responsibility of the applicant to be | ||||||
19 | familiar with
this Act and its rules.
| ||||||
20 | Examination subject matter headings and bases on which | ||||||
21 | examinations are
graded shall be indicated in rules pertaining | ||||||
22 | to this Act. The Department
may adopt the examinations and | ||||||
23 | grading procedures of the National Council
of Architectural | ||||||
24 | Registration Boards. Content of any particular
examination | ||||||
25 | shall not be considered public record under the Freedom of
| ||||||
26 | Information Act.
|
| |||||||
| |||||||
1 | If an applicant neglects without an approved excuse or | ||||||
2 | refuses to take
the next available examination offered for | ||||||
3 | licensure under this Act, the
fee paid by the applicant shall | ||||||
4 | be forfeited. If an applicant fails to
pass an examination for | ||||||
5 | licensure under this Act within 3 years after
filing an | ||||||
6 | application, the application shall be denied. The applicant
| ||||||
7 | may, however, make a new application for examination | ||||||
8 | accompanied
by the required fee and must furnish proof of | ||||||
9 | meeting the qualifications
for examination in effect at the | ||||||
10 | time of the new application.
| ||||||
11 | An applicant shall have 5 years from the notification of | ||||||
12 | passage of the first examination to successfully complete all | ||||||
13 | examinations required by rule of the Department. | ||||||
14 | The Department may by rule prescribe additional subjects | ||||||
15 | for examination.
| ||||||
16 | An applicant has one year from the date of notification of
| ||||||
17 | successful completion of all the examination requirements to | ||||||
18 | apply to the
Department for a license. If an applicant fails to | ||||||
19 | apply within one year,
the applicant shall be required to again | ||||||
20 | take and pass the examination , unless the Department, upon | ||||||
21 | recommendation of the Board, determines that there is | ||||||
22 | sufficient cause for the delay that is not due to the fault of | ||||||
23 | the applicant .
| ||||||
24 | (Source: P.A. 91-133, eff. 1-1-00; 92-16, eff. 6-28-01.)
| ||||||
25 | (225 ILCS 305/13) (from Ch. 111, par. 1313)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
2 | Sec. 13. Qualifications of applicants. Any person who is of | ||||||
3 | good
moral character may apply take an examination for | ||||||
4 | licensure if he
or she
is
a graduate with a first professional | ||||||
5 | degree in architecture from a program
accredited by the | ||||||
6 | National Architectural Accrediting Board , has completed the | ||||||
7 | examination requirements set forth under Section 12 of this | ||||||
8 | Act, and has
completed such diversified professional training, | ||||||
9 | including academic
training, as is required by rules of the | ||||||
10 | Department. Until January 1, 2014, in lieu of the
requirement | ||||||
11 | of graduation with a first professional degree in architecture
| ||||||
12 | from a program accredited by the National Architectural | ||||||
13 | Accrediting Board,
the Department may admit an applicant who is | ||||||
14 | a graduate with a
pre-professional 4 year baccalaureate degree | ||||||
15 | accepted for direct entry into
a first professional master of | ||||||
16 | architecture degree program, and who has
completed such | ||||||
17 | additional diversified professional training, including
| ||||||
18 | academic training, as is required by rules of the Department. | ||||||
19 | The
Department may adopt, as its own rules relating to | ||||||
20 | diversified professional
training, those guidelines published | ||||||
21 | from time to time by the National
Council of Architectural | ||||||
22 | Registration Boards.
| ||||||
23 | Good moral character means such character as will enable a | ||||||
24 | person to
discharge the fiduciary duties of an architect to | ||||||
25 | that person's client and
to the public in a manner which | ||||||
26 | protects health, safety and welfare. Evidence
of inability to |
| |||||||
| |||||||
1 | discharge such duties may include the commission of an
offense | ||||||
2 | justifying discipline under Section 22 19 . In addition, the
| ||||||
3 | Department may take into consideration whether the applicant | ||||||
4 | has engaged in
conduct or actions that would constitute grounds | ||||||
5 | for discipline under this
Act.
| ||||||
6 | (Source: P.A. 93-1009, eff. 1-1-05; 94-543, eff. 8-10-05.)
| ||||||
7 | (225 ILCS 305/17.5 new) | ||||||
8 | (Section scheduled to be repealed on January 1, 2010) | ||||||
9 | Sec. 17.5. Architect, Retired. Pursuant to Section 2105-15 | ||||||
10 | of the Department of Professional Regulation Law of
the Civil | ||||||
11 | Administrative Code of Illinois, the Department may grant the | ||||||
12 | title "Architect, Retired" to any person who has been duly | ||||||
13 | licensed as an architect by the Department and who chooses to | ||||||
14 | relinquish or not renew his or her license. The Department may, | ||||||
15 | by rule, exempt from continuing education requirements those | ||||||
16 | who are granted the title "Architect, Retired". Those persons | ||||||
17 | granted the title "Architect, Retired" may request restoration | ||||||
18 | to active status under the applicable provisions of this Act. | ||||||
19 | The use of the title "Architect, Retired" shall not | ||||||
20 | constitute representation of current licensure. Any person | ||||||
21 | without an active license shall not be permitted to practice | ||||||
22 | architecture as defined in this Act. | ||||||
23 | Nothing in this Section shall be construed to require the | ||||||
24 | Department to issue any certificate, credential, or other | ||||||
25 | official document indicating that a person has been granted the |
| |||||||
| |||||||
1 | title "Architect, Retired".
| ||||||
2 | (225 ILCS 305/21) (from Ch. 111, par. 1321)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
4 | Sec. 21. Professional design firm registration; | ||||||
5 | conditions.
| ||||||
6 | (a) Nothing in this Act shall prohibit the formation, under | ||||||
7 | the provisions
of the Professional Service Corporation Act, of | ||||||
8 | a corporation to offer
the practice
of architecture.
| ||||||
9 | Any business, including a
Professional
Service | ||||||
10 | Corporation, that includes the practice of architecture within | ||||||
11 | its stated purposes,
practices architecture, or holds itself | ||||||
12 | out as available to practice
architecture shall
register with | ||||||
13 | the Department under this Section. Any professional service
| ||||||
14 | corporation, sole proprietorship, or professional design firm | ||||||
15 | offering
architectural services must have a resident architect | ||||||
16 | overseeing the
architectural practices in each location in | ||||||
17 | which architectural services are
provided.
| ||||||
18 | Any sole proprietorship not owned and operated by an | ||||||
19 | Illinois licensed design
professional licensed under this Act | ||||||
20 | shall be prohibited from offering
architectural services to the | ||||||
21 | public. "Illinois licensed design professional"
means a person | ||||||
22 | who holds an active license as an architect under this Act,
as | ||||||
23 | a structural engineer under the Structural Engineering | ||||||
24 | Practice Act of
1989, or as a professional engineer under the | ||||||
25 | Professional Engineering
Practice Act of 1989. Any sole |
| |||||||
| |||||||
1 | proprietorship owned and operated by an
architect with an | ||||||
2 | active license issued under this Act and conducting or
| ||||||
3 | transacting such business under an assumed name in accordance | ||||||
4 | with the
provisions of the Assumed Business Name Act shall | ||||||
5 | comply with the registration
requirements of a professional | ||||||
6 | design firm.
Any sole proprietorship owned and
operated by an
| ||||||
7 | architect with an active license issued under this Act and | ||||||
8 | conducting or
transacting such business under the real name of | ||||||
9 | the sole proprietor is
exempt from the
registration | ||||||
10 | requirements of a professional design firm.
| ||||||
11 | (b) Any corporation, including a Professional Service
| ||||||
12 | Corporation, partnership, limited liability company, or | ||||||
13 | professional
design firm
seeking to be registered under this | ||||||
14 | Section shall not be registered unless:
| ||||||
15 | (1) two-thirds of the board of directors, in the case | ||||||
16 | of a corporation,
or two-thirds of the general partners, in | ||||||
17 | the case of a partnership, or
two-thirds of the members, in | ||||||
18 | the case of a limited liability company, are
licensed under | ||||||
19 | the laws of any State to practice architecture, | ||||||
20 | professional
engineering, land surveying, or structural | ||||||
21 | engineering; and
| ||||||
22 | (2) the person having the architectural practice in | ||||||
23 | this State in his
charge is (A) a director in the case of a | ||||||
24 | corporation, a general
partner in the case of a | ||||||
25 | partnership, or a member in the case of a limited
liability | ||||||
26 | company, and (B) holds a license under this Act.
|
| |||||||
| |||||||
1 | Any corporation, limited liability company, professional | ||||||
2 | service
corporation, or partnership qualifying under this | ||||||
3 | Section and
practicing in this State shall file with the | ||||||
4 | Department any information
concerning its officers, directors, | ||||||
5 | members, managers, partners or
beneficial owners as the | ||||||
6 | Department may, by rule, require.
| ||||||
7 | (c) No business shall offer the practice or hold itself out | ||||||
8 | as available
to offer the practice
of architecture until it is | ||||||
9 | registered with the Department. Every entity registered as a | ||||||
10 | professional design firm shall display its certificate of | ||||||
11 | registration or a facsimile thereof in a conspicuous place in | ||||||
12 | each office offering architectural services.
| ||||||
13 | (d) Any business seeking to be registered under this
| ||||||
14 | Section shall make application on a form provided by the | ||||||
15 | Department and
shall provide any information requested by the | ||||||
16 | Department, which shall
include but shall not be limited to all | ||||||
17 | of the following:
| ||||||
18 | (1) The name and architect's license number of at least | ||||||
19 | one person
designated as the managing agent in responsible | ||||||
20 | charge of the practice of
architecture in Illinois. In the | ||||||
21 | case of a corporation, the corporation
shall also submit a | ||||||
22 | certified copy of the resolution by the board of
directors | ||||||
23 | designating at least one managing agent. If a limited | ||||||
24 | liability
company, the company shall submit a certified | ||||||
25 | copy of either its articles of
organization or operating | ||||||
26 | agreement designating the managing agent.
|
| |||||||
| |||||||
1 | (2) The names and architect's, professional | ||||||
2 | engineer's, structural
engineer's, or land surveyor's | ||||||
3 | license numbers of the directors, in the
case
of a | ||||||
4 | corporation,
the members, in the case of a limited | ||||||
5 | liability company, or general
partners, in the case of a | ||||||
6 | partnership.
| ||||||
7 | (3) A list of all locations at which the professional | ||||||
8 | design firm
provides architectural services.
| ||||||
9 | (4) A list of all assumed names of the business. | ||||||
10 | Nothing in this
Section shall be construed to exempt a | ||||||
11 | business from compliance with the
requirements of the | ||||||
12 | Assumed Business Name Act.
| ||||||
13 | It is the responsibility of the professional design firm to
| ||||||
14 | provide the Department notice, in writing, of any changes in | ||||||
15 | the
information requested on the application.
| ||||||
16 | (e) In the event a managing agent is terminated or | ||||||
17 | terminates his or her
status
as managing agent of the | ||||||
18 | professional design firm, the managing agent and
professional | ||||||
19 | design firm shall notify the Department of this fact in | ||||||
20 | writing,
by
certified mail, within 10 business days of | ||||||
21 | termination.
| ||||||
22 | Thereafter, the professional design firm, if it has so | ||||||
23 | informed the
Department, has 30 days in which to notify the | ||||||
24 | Department of the name and
architect's license number of the | ||||||
25 | architect who is the newly designated
managing agent. If a | ||||||
26 | corporation, the corporation shall also submit a certified
copy |
| |||||||
| |||||||
1 | of a resolution by the board of directors designating the new | ||||||
2 | managing
agent. If a limited liability company, the company | ||||||
3 | shall also submit a
certified copy of either its articles of | ||||||
4 | organization or operating agreement
designating the new | ||||||
5 | managing agent. The Department may, upon good cause shown,
| ||||||
6 | extend the original 30 day period.
| ||||||
7 | If the professional design firm has not notified the | ||||||
8 | Department in writing,
by certified mail within the specified | ||||||
9 | time, the registration shall be
terminated without prior | ||||||
10 | hearing. Notification of termination shall be sent by
certified | ||||||
11 | mail to the last known address of the business. If the | ||||||
12 | professional
design firm continues to operate and offer | ||||||
13 | architectural services after the
termination, the Department | ||||||
14 | may seek prosecution under Sections 22, 36, and 36a
of this Act | ||||||
15 | for the unlicensed practice of architecture.
| ||||||
16 | (f) No professional design firm shall be relieved of | ||||||
17 | responsibility
for the conduct or acts of its agents, | ||||||
18 | employees, or officers by reason of
its compliance with this | ||||||
19 | Section, nor shall any individual practicing
architecture be | ||||||
20 | relieved of the responsibility for professional services
| ||||||
21 | performed by reason of the individual's employment or | ||||||
22 | relationship with a
professional design firm registered under | ||||||
23 | this Section.
| ||||||
24 | (g) Disciplinary action against a professional design firm | ||||||
25 | registered
under this Section shall be administered in the same | ||||||
26 | manner and on the same
grounds as disciplinary action against a |
| |||||||
| |||||||
1 | licensed architect. All
disciplinary action taken or pending | ||||||
2 | against a corporation or partnership
before the effective date | ||||||
3 | of this amendatory Act of 1993 shall be continued or
remain in | ||||||
4 | effect without the Department filing separate actions.
| ||||||
5 | (Source: P.A. 91-91, eff. 1-1-00; 91-133, eff. 1-1-00.)
| ||||||
6 | (225 ILCS 305/22) (from Ch. 111, par. 1322)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
8 | Sec. 22. Refusal, suspension and revocation of licenses; | ||||||
9 | Causes.
| ||||||
10 | (a) The Department may , singularly or in combination, | ||||||
11 | refuse to issue or to ,
renew , place on probation, or restore, | ||||||
12 | or may suspend , or
revoke , or take other disciplinary or | ||||||
13 | non-disciplinary action as deemed appropriate, including the | ||||||
14 | imposition of fines any license or registration, or may place | ||||||
15 | on probation, reprimand,
or fine, with a civil penalty not to | ||||||
16 | exceed $10,000 for each violation, as the Department may deem | ||||||
17 | proper, with regard to a license any
person, corporation, or | ||||||
18 | partnership, or professional design firm licensed or
| ||||||
19 | registered under this Act for any one or combination of the | ||||||
20 | following causes reasons :
| ||||||
21 | (1) material misstatement in furnishing information to | ||||||
22 | the Department;
| ||||||
23 | (2) negligence, incompetence or misconduct in the | ||||||
24 | practice of
architecture;
| ||||||
25 | (3) failure to comply with any of the provisions of |
| |||||||
| |||||||
1 | this Act or any of the
rules;
| ||||||
2 | (4) making any misrepresentation for the purpose of | ||||||
3 | obtaining licensure;
| ||||||
4 | (5) purposefully making false statements or signing | ||||||
5 | false statements,
certificates or affidavits to induce | ||||||
6 | payment;
| ||||||
7 | (6) conviction or plea of guilty or nolo contendere of | ||||||
8 | any crime under the laws of the United States , or any
state | ||||||
9 | or territory thereof that , which is a felony , whether | ||||||
10 | related to the
practice of architecture or not; or | ||||||
11 | conviction of any crime, whether a
felony, misdemeanor, or | ||||||
12 | otherwise, an essential element of which is
dishonesty , | ||||||
13 | wanton disregard for the rights of others, or that which is | ||||||
14 | directly
related to the practice of the profession | ||||||
15 | architecture ;
| ||||||
16 | (7) aiding or assisting another person in violating any | ||||||
17 | provision of
this Act or its rules;
| ||||||
18 | (8) signing, affixing the licensed architect's seal or | ||||||
19 | permitting the
architect's seal to be affixed to any | ||||||
20 | technical submission construction documents not prepared
| ||||||
21 | by the architect or under that architect's responsible | ||||||
22 | direct supervision and control;
| ||||||
23 | (9) engaging in dishonorable, unethical or | ||||||
24 | unprofessional conduct of a
character likely to deceive, | ||||||
25 | defraud or harm the public;
| ||||||
26 | (10) habitual intoxication or addiction to the use of |
| |||||||
| |||||||
1 | drugs;
| ||||||
2 | (11) making a statement of compliance pursuant to the | ||||||
3 | Environmental
Barriers Act that technical submissions | ||||||
4 | construction documents prepared by the architect Licensed | ||||||
5 | Architect or
prepared under the licensed architect's | ||||||
6 | responsible direct supervision and control for
| ||||||
7 | construction or alteration of an occupancy required to be | ||||||
8 | in compliance with
the Environmental Barriers Act are in | ||||||
9 | compliance with the Environmental
Barriers Act when such | ||||||
10 | technical submissions construction documents are not in | ||||||
11 | compliance;
| ||||||
12 | (12) a finding by the Board that an applicant or | ||||||
13 | registrant
has failed to pay a fine imposed by the | ||||||
14 | Department or a
registrant, whose license has been
placed | ||||||
15 | on probationary status, has violated the terms of | ||||||
16 | probation;
| ||||||
17 | (13) discipline by another state, territory, foreign | ||||||
18 | country, the
District of Columbia, the United States | ||||||
19 | government, or any other
governmental agency, if at least | ||||||
20 | one of the grounds for discipline is the
same or | ||||||
21 | substantially equivalent to those set forth herein;
| ||||||
22 | (14) failure to provide information in response to a | ||||||
23 | written request
made by the Department within 30 days after | ||||||
24 | the receipt of such written
request;
| ||||||
25 | (15) physical illness, mental illness, or other | ||||||
26 | impairment that including, but not limited to, |
| |||||||
| |||||||
1 | deterioration
through the aging process or loss of motor | ||||||
2 | skill which results in the
inability to practice the | ||||||
3 | profession with reasonable judgment, skill , and or safety , | ||||||
4 | including without limitation deterioration through the | ||||||
5 | aging process, mental illness, or disability .
| ||||||
6 | (a-5) In enforcing this Section, the Board upon a showing | ||||||
7 | of a possible
violation may request that the Department compel | ||||||
8 | a person licensed to practice under this Act, or who has
| ||||||
9 | applied for licensure or certification pursuant to this Act, to | ||||||
10 | submit to a
mental or physical examination, or both, as | ||||||
11 | required by and at the expense of
the Department. The examining | ||||||
12 | physicians shall be those specifically
designated
by the | ||||||
13 | Department. The Department may order the examining physician to
| ||||||
14 | present testimony concerning this mental or physical | ||||||
15 | examination of the
licensee or applicant. No information shall | ||||||
16 | be excluded by reason of any
common law or statutory privilege | ||||||
17 | relating to communications between the
licensee or applicant | ||||||
18 | and the examining physician. The person to be examined
may | ||||||
19 | have, at his or her own expense, another physician of his or | ||||||
20 | her choice
present during all aspects of the examination. | ||||||
21 | Failure of any person to submit
to a mental or physical | ||||||
22 | examination, when directed, shall be grounds for
suspension of | ||||||
23 | a license until the person submits to the examination if the
| ||||||
24 | Department finds, after notice and hearing, that the refusal to | ||||||
25 | submit to the
examination was without reasonable cause.
| ||||||
26 | If the Board finds a person unable to practice because of |
| |||||||
| |||||||
1 | the reasons set
forth in this Section, the Board may recommend | ||||||
2 | that the Department require that person to submit to care,
| ||||||
3 | counseling, or treatment by physicians approved or designated | ||||||
4 | by the Department as
a condition, term, or restriction for | ||||||
5 | continued, reinstated, or renewed
licensure to practice; or, in | ||||||
6 | lieu of care, counseling, or treatment, the Board
may recommend | ||||||
7 | to the Department to file a complaint to immediately suspend,
| ||||||
8 | revoke or otherwise discipline the license of the person. Any | ||||||
9 | person whose
license was granted, continued, reinstated, | ||||||
10 | renewed, disciplined, or supervised
subject to such terms, | ||||||
11 | conditions, or restrictions and who fails to comply with
such | ||||||
12 | terms, conditions, or restrictions shall be referred to the | ||||||
13 | Director for
a determination as to whether the person shall | ||||||
14 | have his or her license
suspended immediately, pending a | ||||||
15 | hearing by the Board.
| ||||||
16 | (b) The determination by a circuit court that a licensee is | ||||||
17 | subject to
involuntary admission or judicial admission, as | ||||||
18 | provided in the Mental
Health and Developmental Disabilities | ||||||
19 | Code, operates as an automatic
suspension. Such suspension will | ||||||
20 | end only upon a finding by a court that
the patient is no | ||||||
21 | longer subject to involuntary admission or judicial
admission, | ||||||
22 | the issuance of an order so finding and discharging the | ||||||
23 | patient, and
the recommendation of the Board to the Director | ||||||
24 | that the licensee be
allowed to resume practice.
| ||||||
25 | The Department may refuse to issue or may suspend the | ||||||
26 | license of any
person who fails to file a return, or to pay the |
| |||||||
| |||||||
1 | tax, penalty or interest
shown in a filed return, or to pay any | ||||||
2 | final assessment of tax, penalty or
interest, as required by | ||||||
3 | any tax Act administered by the Illinois
Department of Revenue, | ||||||
4 | until such time as the requirements of any such tax
Act are | ||||||
5 | satisfied.
| ||||||
6 | Persons who assist the Department as consultants or expert | ||||||
7 | witnesses in
the investigation or prosecution of alleged | ||||||
8 | violations of the Act,
licensure matters, restoration | ||||||
9 | proceedings, or criminal prosecutions, shall
not be liable for | ||||||
10 | damages in any civil action or proceeding as a result of
such | ||||||
11 | assistance, except upon proof of actual malice. The attorney | ||||||
12 | general
shall defend such persons in any such action or | ||||||
13 | proceeding.
| ||||||
14 | (Source: P.A. 94-543, eff. 8-10-05.)
| ||||||
15 | (225 ILCS 305/23.5)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
17 | Sec. 23.5. Unlicensed practice; violation; civil penalty.
| ||||||
18 | (a) Any person who practices, offers to practice, attempts | ||||||
19 | to practice, or
holds oneself out to practice as an architect | ||||||
20 | without being licensed under this
Act shall, in
addition to any | ||||||
21 | other penalty provided by law, pay a civil penalty to the
| ||||||
22 | Department in an amount not to exceed $10,000 $5,000 for each | ||||||
23 | offense as determined by
the Department. The civil penalty | ||||||
24 | shall be assessed by the Department after a
hearing is held in | ||||||
25 | accordance with the provisions set forth in this Act
regarding |
| |||||||
| |||||||
1 | the provision of a hearing for the discipline of a licensee.
| ||||||
2 | (a-5) Any entity that advertises architecture services in a | ||||||
3 | telecommunications directory must include its architecture | ||||||
4 | firm registration number or, in the case of a sole proprietor, | ||||||
5 | his or her individual license number. Nothing in this | ||||||
6 | subsection (a-5) requires the publisher of a | ||||||
7 | telecommunications directory to investigate or verify the | ||||||
8 | accuracy of the registration or license number provided by the | ||||||
9 | advertiser of architecture services.
| ||||||
10 | (b) The Department has the authority and power to | ||||||
11 | investigate any and all
unlicensed activity.
| ||||||
12 | (c) The civil penalty shall be paid within 60 days after | ||||||
13 | the effective date
of the order imposing the civil penalty. The | ||||||
14 | order shall constitute a judgment
and may be filed and | ||||||
15 | execution had thereon in the same manner as any judgment
from | ||||||
16 | any court of record.
| ||||||
17 | (Source: P.A. 94-543, eff. 8-10-05.)
| ||||||
18 | (225 ILCS 305/36) (from Ch. 111, par. 1336)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
20 | Sec. 36. Violations. Each of the following Acts constitutes | ||||||
21 | a
Class A misdemeanor for the first offense and a Class 4 | ||||||
22 | felony for a second
or subsequent offense:
| ||||||
23 | (a) the practice, attempt to practice or offer to | ||||||
24 | practice architecture,
or the advertising or putting out of | ||||||
25 | any sign or card or other device which
might indicate to |
| |||||||
| |||||||
1 | the public that the person is entitled to practice
| ||||||
2 | architecture, without a license as a licensed architect, or | ||||||
3 | registration as a
professional design firm issued by the | ||||||
4 | Department. Each day of practicing
architecture or | ||||||
5 | attempting to practice architecture, and each instance of
| ||||||
6 | offering to practice architecture, without a license as a | ||||||
7 | licensed architect
or registration as a professional | ||||||
8 | design firm constitutes a separate offense;
| ||||||
9 | (b) the making of any wilfully false oath or | ||||||
10 | affirmation in any matter
or proceeding where an oath or | ||||||
11 | affirmation is required by this Act;
| ||||||
12 | (c) the affixing of a licensed architect's seal to any | ||||||
13 | technical submissions construction
documents which have | ||||||
14 | not been prepared by that architect or under the
| ||||||
15 | architect's responsible direct supervision and control;
| ||||||
16 | (d) the violation of any provision of this Act or its | ||||||
17 | rules;
| ||||||
18 | (e) using or attempting to use an expired, inactive, | ||||||
19 | suspended, or
revoked license, or the certificate or seal | ||||||
20 | of another, or impersonating
another licensee;
| ||||||
21 | (f) obtaining or attempting to obtain a license or | ||||||
22 | registration by
fraud; or
| ||||||
23 | (g) If any person, sole proprietorship, professional | ||||||
24 | service corporation,
limited liability company, | ||||||
25 | corporation or partnership, or other entity
practices | ||||||
26 | architecture or advertises or displays any sign or card or |
| |||||||
| |||||||
1 | other
device that might indicate to the public that the | ||||||
2 | person or entity is entitled
to practice as an architect or | ||||||
3 | use the title "architect" or any of its
derivations unless | ||||||
4 | the person or other entity holds an active license as an
| ||||||
5 | architect or registration as a professional design firm in | ||||||
6 | the State; then, in
addition to any other penalty provided | ||||||
7 | by law any person or other entity who
violates this | ||||||
8 | subsection (g) shall forfeit and pay to the Design | ||||||
9 | Professionals
Administration and Investigation Fund a | ||||||
10 | civil penalty in an amount determined
by the Department of | ||||||
11 | not more than $10,000 $5,000 for each offense.
| ||||||
12 | An unlicensed person who has completed the education | ||||||
13 | requirements, is actively participating in the diversified | ||||||
14 | professional training, and maintains in good standing a | ||||||
15 | training record as required for licensure by this Act may use | ||||||
16 | the title "architectural intern", but may not independently | ||||||
17 | engage in the practice of architecture.
| ||||||
18 | (Source: P.A. 93-1009, eff. 1-1-05.)
| ||||||
19 | (225 ILCS 305/38) (from Ch. 111, par. 1338)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
21 | Sec. 38. Fund; appropriations; investments; audits. Moneys
| ||||||
22 | deposited in the Design Professionals Administration and | ||||||
23 | Investigation Fund
shall be appropriated to the Department | ||||||
24 | exclusively for expenses of the
Department and the Board in the | ||||||
25 | administration of this Act, the Illinois
Professional Land |
| |||||||
| |||||||
1 | Surveyor Act of 1989, the Professional Engineering
Practice Act | ||||||
2 | of 1989, and the Structural Engineering Practice Act of
1989. | ||||||
3 | The expenses of the Department under this Act shall be limited | ||||||
4 | to the
ordinary and contingent expenses of the Design | ||||||
5 | Professionals Dedicated
Employees within the Department as | ||||||
6 | established under Section 2105-75 of the
Department of | ||||||
7 | Professional Regulation Law (20 ILCS 2105/2105-75) and other
| ||||||
8 | expenses related to the administration and enforcement of this | ||||||
9 | Act.
| ||||||
10 | Moneys from the Fund may also be used for direct and | ||||||
11 | allocable indirect
costs related to the public purposes of the | ||||||
12 | Department of Financial and Professional
Regulation. Moneys in | ||||||
13 | the Fund may be transferred to the Professions Indirect
Cost | ||||||
14 | Fund as authorized by Section 2105-300 of the Department of
| ||||||
15 | Professional Regulation Law (20 ILCS 2105/2105-300).
| ||||||
16 | All fines and penalties under Sections 22 and 36 shall be | ||||||
17 | deposited in
the Design Professionals Administration and | ||||||
18 | Investigation Fund.
| ||||||
19 | Moneys in the Design Professionals Administration and | ||||||
20 | Investigation Fund
may be invested and reinvested, with all | ||||||
21 | earnings received from the
investments to be deposited in the | ||||||
22 | Design Professionals Administration and
Investigation Fund and | ||||||
23 | used for the same purposes as fees deposited in
the Fund.
| ||||||
24 | Upon the completion of any audit of the Department as | ||||||
25 | prescribed by the
Illinois State Auditing Act that includes an | ||||||
26 | audit of the Design
Professionals Administration and |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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1 | Investigation Fund, the Department shall
make the audit open to | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | inspection by any interested person. The copy of
the audit | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | report required to be submitted to the Department by this
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | Section is an addition to copies of audit reports required to | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | be submitted
to other State officers and agencies by Section | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | 3-14 of the Illinois
State Auditing Act.
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7 | (Source: P.A. 91-91, eff. 1-1-00; 91-133, eff. 1-1-00; 91-239, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | eff. 1-1-00;
92-16, eff. 6-28-01.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | Section 99. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | becoming law.
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