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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 | Section 4.20 and by adding Section 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 Acts repealed on January 1, 2010 and December | |||||||||||||||||||||||||||||||||||||||||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.
| |||||||||||||||||||||||||||||||||||||||||
9 | (a) The following Acts are repealed on January 1, 2010:
| |||||||||||||||||||||||||||||||||||||||||
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.
| |||||||||||||||||||||||||||||||||||||||||
14 | The Land Sales Registration Act of 1999.
| |||||||||||||||||||||||||||||||||||||||||
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21 | (b) The following Act is repealed on December 31, 2010: | |||||||||||||||||||||||||||||||||||||||||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.)
|
| |||||||
| |||||||
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 Act repealed on January 1, 2020.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3 | Act is repealed on January 1, 2020: | ||||||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 Professional Engineering Practice Act of 1989. | ||||||
5 | Section 10. The Professional Engineering Practice Act of | ||||||
6 | 1989 is amended by changing Sections 3, 4, 6, 7, 8, 10, 17, 19, | ||||||
7 | 21 and 42 as follows:
| ||||||
8 | (225 ILCS 325/3) (from Ch. 111, par. 5203)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
10 | Sec. 3. Application of the Act; Exemptions.
| ||||||
11 | (a) Nothing in this Act shall be construed to prevent the | ||||||
12 | practice of
structural engineering as defined in the Structural
| ||||||
13 | Engineering Practice Act of 1989 or the practice of
| ||||||
14 | architecture
as defined in the Illinois Architecture Practice | ||||||
15 | Act of 1989 or the
regular and customary practice of | ||||||
16 | construction contracting and construction
management as | ||||||
17 | performed by construction contractors.
| ||||||
18 | (b) Nothing in this Act shall prevent:
| ||||||
19 | (1) Employees, including project representatives, of | ||||||
20 | professional
engineers lawfully practicing as sole owners, | ||||||
21 | partnerships or
corporations under this Act, from acting | ||||||
22 | under the direct supervision of
their employers.
| ||||||
23 | (2) The employment of owner's representatives by the |
| |||||||
| |||||||
1 | owner during the
constructing, adding to, or altering of a | ||||||
2 | project, or any parts thereof,
provided that such owner's | ||||||
3 | representative shall not have the authority
to deviate from | ||||||
4 | the technical submissions without the prior approval of
the | ||||||
5 | professional engineer for the project.
| ||||||
6 | (3) The practice of officers and employees of the | ||||||
7 | Government of the
United States while engaged within this | ||||||
8 | State in the practice of the
profession of engineering for | ||||||
9 | the Government.
| ||||||
10 | (4) Services performed by employees of a business | ||||||
11 | organization engaged
in utility, telecommunications, | ||||||
12 | industrial or manufacturing operations, or by employees of
| ||||||
13 | laboratory research affiliates of such business | ||||||
14 | organization which are
rendered in connection with the | ||||||
15 | fabrication or production, sale, and
installation of | ||||||
16 | products, systems, or nonengineering services of the
| ||||||
17 | business organization or its affiliates.
| ||||||
18 | (5) Inspection, maintenance and service work done by | ||||||
19 | employees of the
State of Illinois, any political | ||||||
20 | subdivision thereof or any
municipality.
| ||||||
21 | (6) The activities performed by those ordinarily | ||||||
22 | designated as chief
engineer of plant operation, chief | ||||||
23 | operating engineer, locomotive,
stationary, marine, power | ||||||
24 | plant or hoisting and portable engineers,
electrical | ||||||
25 | maintenance or service engineers, personnel employed in
| ||||||
26 | connection with construction, operation or maintenance of |
| |||||||
| |||||||
1 | street
lighting, traffic control signals, police and fire | ||||||
2 | alarm systems,
waterworks, steam, electric, and sewage | ||||||
3 | treatment and disposal plants,
or the services ordinarily | ||||||
4 | performed by any worker regularly employed as
a locomotive, | ||||||
5 | stationary, marine, power plant, or hoisting and portable
| ||||||
6 | engineer or electrical maintenance or service engineer for | ||||||
7 | any
corporation, contractor or employer.
| ||||||
8 | (7) The activities performed by a person ordinarily | ||||||
9 | designated as
a supervising engineer or supervising | ||||||
10 | electrical maintenance or service
engineer who supervises | ||||||
11 | the operation of, or who operates, machinery or
equipment, | ||||||
12 | or who supervises construction or the installation of
| ||||||
13 | equipment within a plant which is under such person's | ||||||
14 | immediate
supervision.
| ||||||
15 | (8) The services, for private use, of contractors or | ||||||
16 | owners in the
construction of engineering works or the | ||||||
17 | installation of equipment.
| ||||||
18 | (c) No officer, board, commission, or other public entity | ||||||
19 | charged with
the enforcement of codes and ordinances involving | ||||||
20 | a professional
engineering project shall accept for filing or | ||||||
21 | approval any technical
submissions that do not bear the seal | ||||||
22 | and signature of a professional
engineer licensed under this | ||||||
23 | Act.
| ||||||
24 | (d) Nothing contained in this Act Section imposes upon a | ||||||
25 | person licensed
under this Act the responsibility for the | ||||||
26 | performance of any of the
foregoing functions unless such |
| |||||||
| |||||||
1 | person specifically contracts to provide it.
| ||||||
2 | (Source: P.A. 91-91, eff. 1-1-00.)
| ||||||
3 | (225 ILCS 325/4) (from Ch. 111, par. 5204)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
5 | Sec. 4. Definitions. As used in this Act:
| ||||||
6 | (a) "Approved engineering curriculum" means
an engineering | ||||||
7 | curriculum or program
of 4 academic years or more which meets | ||||||
8 | the standards established by the
rules of the Department.
| ||||||
9 | (b) "Board" means the State Board of Professional Engineers | ||||||
10 | of the
Department of Professional Regulation, previously known | ||||||
11 | as the Examining
Committee.
| ||||||
12 | (c) "Department" means the Department of Professional | ||||||
13 | Regulation.
| ||||||
14 | (d) "Design professional" means an architect, structural | ||||||
15 | engineer or
professional engineer practicing in conformance | ||||||
16 | with the Illinois
Architecture Practice Act of 1989, the | ||||||
17 | Structural
Engineering Practice Act of 1989 or the
Professional | ||||||
18 | Engineering Practice Act of 1989.
| ||||||
19 | (e) "Director" means the Director of Professional | ||||||
20 | Regulation.
| ||||||
21 | (f) "Direct supervision/responsible charge" means work
| ||||||
22 | prepared under the control of a licensed professional engineer | ||||||
23 | or that
work as to which that professional engineer has | ||||||
24 | detailed professional
knowledge.
| ||||||
25 | (g) "Engineering college" means a school, college, |
| |||||||
| |||||||
1 | university,
department of a university or other educational | ||||||
2 | institution, reputable
and in good standing in accordance with | ||||||
3 | rules prescribed by the
Department, and which grants | ||||||
4 | baccalaureate degrees in engineering.
| ||||||
5 | (h) "Engineering system or facility" means a system or | ||||||
6 | facility whose
design is based upon the application of the | ||||||
7 | principles of science for
the purpose of modification of | ||||||
8 | natural states of being.
| ||||||
9 | (i) "Engineer intern" means a person who is a candidate for
| ||||||
10 | licensure as a professional engineer and who has been enrolled | ||||||
11 | as an
engineer intern.
| ||||||
12 | (j) "Enrollment" means an action by the Department to | ||||||
13 | record those
individuals who have met the Board's requirements | ||||||
14 | for an engineer
intern.
| ||||||
15 | (k) "License" means an official document issued by the | ||||||
16 | Department to
an individual, a corporation, a partnership, a | ||||||
17 | professional
service corporation, a limited liability company, | ||||||
18 | or a sole proprietorship,
signifying authority to
practice.
| ||||||
19 | (l) "Negligence in the practice of professional | ||||||
20 | engineering" means the
failure to exercise that degree of | ||||||
21 | reasonable professional skill, judgment
and diligence normally | ||||||
22 | rendered by professional engineers in the
practice of | ||||||
23 | professional engineering.
| ||||||
24 | (m) "Professional engineer" means a person licensed under | ||||||
25 | the laws
of the State of Illinois to practice professional | ||||||
26 | engineering.
|
| |||||||
| |||||||
1 | (n) "Professional engineering" means the application of | ||||||
2 | science to the
design of engineering systems and facilities | ||||||
3 | using the knowledge,
skills, ability and professional judgment | ||||||
4 | developed through professional
engineering education, training | ||||||
5 | and experience.
| ||||||
6 | (o) "Professional engineering practice" means the | ||||||
7 | consultation on,
conception, investigation, evaluation, | ||||||
8 | planning, and design of, and
selection of materials to be used | ||||||
9 | in, administration of
construction contracts for, or site | ||||||
10 | observation of,
an engineering system
or facility, where such | ||||||
11 | consultation, conception, investigation,
evaluation, planning, | ||||||
12 | design, selection, administration, or observation
requires | ||||||
13 | extensive knowledge of engineering laws, formulae, materials,
| ||||||
14 | practice, and construction methods. A person shall be construed | ||||||
15 | to
practice or offer to practice professional engineering, | ||||||
16 | within the
meaning and intent of this Act, who practices, or | ||||||
17 | who, by verbal claim,
sign, advertisement, letterhead, card, or | ||||||
18 | any other way, is represented
to be a professional engineer, or | ||||||
19 | through the use of the initials "P.E."
or the title "engineer" | ||||||
20 | or any of its derivations or some other title
implies licensure | ||||||
21 | as a professional engineer, or holds himself out as able to
| ||||||
22 | perform any service which is recognized as professional | ||||||
23 | engineering
practice.
| ||||||
24 | Examples of the practice of professional engineering | ||||||
25 | include, but need
not be limited to, transportation facilities | ||||||
26 | and publicly owned
utilities for a region or community,
|
| |||||||
| |||||||
1 | railroads, railways, highways, subways, canals, harbors, river
| ||||||
2 | improvements; land development; stormwater detention, | ||||||
3 | retention, and conveyance, excluding structures defined under | ||||||
4 | Section 5 of the Structural Engineering Practice Act of 1989 | ||||||
5 | (225 ILCS 340/5); irrigation works; aircraft and , airports ; | ||||||
6 | traffic engineering; and landing fields;
waterworks, piping | ||||||
7 | systems and appurtenances , sewers, sewage disposal
works , | ||||||
8 | storm sewer, sanitary sewer and water system modeling ; plants | ||||||
9 | for the generation of
power; devices for the utilization of | ||||||
10 | power; boilers; refrigeration
plants, air conditioning systems | ||||||
11 | and plants; heating systems and plants;
plants for the | ||||||
12 | transmission or distribution of power; electrical plants
which | ||||||
13 | produce, transmit, distribute, or utilize electrical energy; | ||||||
14 | works
for the extraction of minerals from the earth; plants for | ||||||
15 | the refining,
alloying or treating of metals; chemical works | ||||||
16 | and industrial plants
involving the use of chemicals and | ||||||
17 | chemical processes; plants for the
production, conversion, or | ||||||
18 | utilization of nuclear, chemical, or radiant
energy; forensic | ||||||
19 | engineering, geotechnical engineering including,
subsurface | ||||||
20 | investigations; soil and rock classification, geology and | ||||||
21 | geohydrology,
incidental to the practice of professional | ||||||
22 | engineering; geohydrological investigations, migration pathway | ||||||
23 | analysis (including evaluation of building and site elements), | ||||||
24 | soil and groundwater management zone analysis and design; | ||||||
25 | energy
analysis, environmental risk assessments, corrective | ||||||
26 | action plans, design, remediation, protection plans and |
| |||||||
| |||||||
1 | systems, hazardous waste mitigation and control , and | ||||||
2 | environmental control or remediation systems ;
recognition, | ||||||
3 | measurement, evaluation and control of environmental systems | ||||||
4 | and
emissions; control systems, evaluation and design of | ||||||
5 | engineered barriers, excluding structures defined under | ||||||
6 | Section 5 of the Structural Engineering Practice Act of 1989 | ||||||
7 | (225 ILCS 340/5); modeling of pollutants in water, soil, and | ||||||
8 | air; engineering surveys of sites, facilities, and topography | ||||||
9 | specific to a design project, not including land boundary | ||||||
10 | establishment; automated building management systems;
control | ||||||
11 | or remediation systems; computer controlled or integrated | ||||||
12 | systems; automatic fire notification and suppression systems; | ||||||
13 | investigation and assessment of indoor air inhalation | ||||||
14 | exposures and design of abatement and remediation systems; or | ||||||
15 | the provision of professional engineering site observation of | ||||||
16 | the
construction of works and engineering systems. Nothing in | ||||||
17 | this Section shall preclude an employee from acting under the | ||||||
18 | direct supervision/responsible charge of a licensed | ||||||
19 | professional engineer. Nothing contained in
this Section | ||||||
20 | imposes upon a person licensed under this Act the
| ||||||
21 | responsibility for the performance of any of the foregoing | ||||||
22 | functions
unless such person specifically contracts to provide | ||||||
23 | it.
| ||||||
24 | (p) "Project representative" means the professional | ||||||
25 | engineer's
representative at the project site who assists in | ||||||
26 | the administration of
the construction contract.
|
| |||||||
| |||||||
1 | (q) "Registered" means the same as "licensed" for purposes | ||||||
2 | of this Act.
| ||||||
3 | (r) "Related science curriculum" means a 4 year program of | ||||||
4 | study, the
satisfactory completion of which results in a | ||||||
5 | Bachelor of Science
degree, and which contains courses from | ||||||
6 | such areas as life, earth,
engineering and computer sciences, | ||||||
7 | including but not limited to, physics
and chemistry. In the | ||||||
8 | study of these sciences, the objective is to
acquire | ||||||
9 | fundamental knowledge about the nature of its phenomena,
| ||||||
10 | including quantitative expression, appropriate to particular | ||||||
11 | fields of
engineering.
| ||||||
12 | (s) "Rules" means those rules promulgated pursuant to this | ||||||
13 | Act.
| ||||||
14 | (t) "Seal" means the seal in compliance with Section 14 of | ||||||
15 | this Act.
| ||||||
16 | (u) "Site observation" is visitation of the construction | ||||||
17 | site for the
purpose of reviewing, as available, the quality | ||||||
18 | and conformance of the
work to the technical submissions as | ||||||
19 | they relate to design.
| ||||||
20 | (v) "Support design professional" means a professional | ||||||
21 | engineer
practicing in conformance with the Professional | ||||||
22 | Engineering Practice Act
of 1989, who provides services to the | ||||||
23 | design professional who has
contract responsibility.
| ||||||
24 | (w) "Technical submissions" are the means designs, | ||||||
25 | drawings, and specifications
which establish the scope and | ||||||
26 | standard of quality for materials, workmanship,
equipment, and |
| |||||||
| |||||||
1 | systems intended for use in construction. Technical | ||||||
2 | submissions also include, but are not limited to, studies, | ||||||
3 | analyses, calculations the construction systems, studies, and | ||||||
4 | other technical
reports prepared in the course of the practice | ||||||
5 | of professional engineering, or under the direct | ||||||
6 | supervision/responsible charge of a licensed professional | ||||||
7 | engineer a design professional's practice .
| ||||||
8 | (Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; 92-16, | ||||||
9 | eff. 6-28-01;
92-145, eff. 1-1-02.)
| ||||||
10 | (225 ILCS 325/6) (from Ch. 111, par. 5206)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
12 | Sec. 6. Composition, qualifications and terms of the Board.
| ||||||
13 | (a) The
Board shall be appointed by the Director and shall | ||||||
14 | consist of 10
members, one of whom shall be a public member and | ||||||
15 | 9 of whom shall be
professional engineers licensed under this | ||||||
16 | Act. In addition each member
who is a professional engineer | ||||||
17 | shall:
| ||||||
18 | (1) be a citizen of the United States, and
| ||||||
19 | (2) be a resident of this State.
| ||||||
20 | (b) In addition, each member who is a professional engineer | ||||||
21 | shall:
| ||||||
22 | (1) have not less than 12 years of experience in the | ||||||
23 | practice of
professional engineering, and shall hold an | ||||||
24 | active license as a
professional engineer in Illinois;
| ||||||
25 | (2) have been in charge of professional engineering |
| |||||||
| |||||||
1 | work for at least
5 years. For the purposes of this | ||||||
2 | Section, any period in
which a person has been in charge of | ||||||
3 | teaching engineering in an
engineering college with the | ||||||
4 | rank of assistant professor or higher
shall be considered | ||||||
5 | as time in which such person was in charge of
professional | ||||||
6 | engineering work.
| ||||||
7 | The terms for all members shall be for 5 years. On the | ||||||
8 | expiration of
the term of any member
or in the event of a | ||||||
9 | vacancy,
the Director shall appoint
a member who shall hold | ||||||
10 | office until the expiration of the term
for which the member is | ||||||
11 | appointed and until a successor has been
appointed and | ||||||
12 | qualified.
| ||||||
13 | No member shall be reappointed to the Board for a term | ||||||
14 | which would
cause that individual's continuous service on the | ||||||
15 | Board to be longer
than 15 successive years.
| ||||||
16 | In implementing the 5 year terms, the Director shall vary | ||||||
17 | the terms to
enable the Board to have no more than 2 terms | ||||||
18 | expire in any one year.
| ||||||
19 | The public member shall not be an employee of the State of | ||||||
20 | Illinois.
The public member shall be an Illinois resident and a | ||||||
21 | citizen of the
United States.
| ||||||
22 | In making appointments to the Board, the Director shall | ||||||
23 | give due
consideration to recommendations by members of the | ||||||
24 | profession and by
organizations therein.
| ||||||
25 | The Director may remove any member of the Board for | ||||||
26 | misconduct,
incompetence, neglect of duty or for reasons |
| |||||||
| |||||||
1 | prescribed by law for
removal of State officials.
| ||||||
2 | The Director may remove a member of the Board who does not | ||||||
3 | attend 2
consecutive meetings.
| ||||||
4 | A quorum of the Board shall consist
of a majority of Board | ||||||
5 | members appointed.
Majority vote of the quorum is required for | ||||||
6 | Board decisions.
| ||||||
7 | Each member of the Board may shall receive compensation as | ||||||
8 | determined by the Secretary when attending
Board meetings or | ||||||
9 | meetings approved by the Director and shall be
reimbursed for | ||||||
10 | all actual traveling expenses.
| ||||||
11 | Members of the Board shall be immune from suit in any | ||||||
12 | action based
upon any disciplinary proceedings or other | ||||||
13 | activities performed in good
faith as members of the Board.
| ||||||
14 | Persons holding office as members of the Board immediately | ||||||
15 | prior to
the effective date of this Act under the Act repealed | ||||||
16 | herein shall
continue as members of the Board until the | ||||||
17 | expiration of the term for
which they were appointed and until | ||||||
18 | their successors are appointed and
qualified.
| ||||||
19 | (Source: P.A. 91-92, eff. 1-1-00.)
| ||||||
20 | (225 ILCS 325/7) (from Ch. 111, par. 5207)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
22 | Sec. 7. Powers and duties of the Board. Subject to the | ||||||
23 | provisions
of this Act, the Board shall exercise the following | ||||||
24 | functions, powers
and duties:
| ||||||
25 | (a) Review education and experience qualifications of |
| |||||||
| |||||||
1 | applicants,
including conducting oral interviews as deemed | ||||||
2 | necessary by the Board,
to determine eligibility as an | ||||||
3 | engineer intern or professional engineer
and submit to the | ||||||
4 | Director written recommendations on applicant
| ||||||
5 | qualifications for enrollment and licensure;
| ||||||
6 | (b) The Board may appoint a subcommittee to serve as a | ||||||
7 | Complaint Committee
to recommend the disposition of case | ||||||
8 | files according to procedures established
by rule in the | ||||||
9 | Illinois Administrative Code, Title 68, Section 1380.305 ;
| ||||||
10 | (c) Conduct hearings regarding disciplinary actions | ||||||
11 | and submit a
written report and recommendations to the | ||||||
12 | Director as required by this
Act and to provide a Board | ||||||
13 | member at informal conferences;
| ||||||
14 | (d) Make visits to universities or colleges to evaluate
| ||||||
15 | engineering curricula or to otherwise evaluate engineering | ||||||
16 | curricula and
submit to the Director a written | ||||||
17 | recommendation of acceptability of a
curriculum;
| ||||||
18 | (e) Submit a written recommendation to the Director | ||||||
19 | concerning
promulgation of rules as required in Section 5 | ||||||
20 | and to recommend to the
Director any rules or amendments | ||||||
21 | thereto for the administration of this
Act;
| ||||||
22 | (f) Hold at least 3 regular meetings each year;
| ||||||
23 | (g) Elect annually a chairperson and a | ||||||
24 | vice-chairperson who shall be
professional engineers; and
| ||||||
25 | (h) Submit written comments to the Director within 30 | ||||||
26 | days from
notification of any final decision or order from |
| |||||||
| |||||||
1 | the Director that deviates
from any
report or | ||||||
2 | recommendation of the Board relating to the qualification | ||||||
3 | of
applicants, discipline of licensees or registrants, or | ||||||
4 | promulgation of rules.
| ||||||
5 | (Source: P.A. 91-92, eff. 1-1-00.)
| ||||||
6 | (225 ILCS 325/8) (from Ch. 111, par. 5208)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
8 | Sec. 8. Applications for licensure.
| ||||||
9 | (a) Applications for licensure
shall (1) be on forms | ||||||
10 | prescribed and furnished by the Department, (2) contain
| ||||||
11 | statements made under oath showing the applicant's education | ||||||
12 | and
a detailed summary of the applicant's technical work, and | ||||||
13 | (3) contain
references as required by the Department.
| ||||||
14 | (b) Applicants shall have obtained the education and | ||||||
15 | experience as
required in Section 10 or Section 11 prior to | ||||||
16 | submittal of application
for examination, except as provided in | ||||||
17 | subsection (b) of Section 11.
Allowable experience shall | ||||||
18 | commence at the date of the baccalaureate
degree, except:
| ||||||
19 | (1) Credit for one year of experience shall be given | ||||||
20 | for a graduate of
a baccalaureate curriculum providing a | ||||||
21 | cooperative program, which is
supervised industrial or | ||||||
22 | field experience of at least one academic year
which | ||||||
23 | alternates with periods of full-time academic training, | ||||||
24 | when such
program is certified by the university, or
| ||||||
25 | (2) Partial credit may be given
for professional |
| |||||||
| |||||||
1 | engineering experience as
defined by rule for employment | ||||||
2 | prior to receipt of a baccalaureate
degree if the | ||||||
3 | employment is full-time while the applicant is a
part-time | ||||||
4 | student
taking fewer than 12 hours per semester or 8 hours | ||||||
5 | per quarter
to earn the degree concurrent with the
| ||||||
6 | full-time engineering experience.
| ||||||
7 | (3) If an applicant files an application and supporting | ||||||
8 | documents
containing a material misstatement of | ||||||
9 | information or a
misrepresentation for the purpose of | ||||||
10 | obtaining licensure or
enrollment or if an applicant | ||||||
11 | performs
any fraud or deceit in taking any examination to | ||||||
12 | qualify for
licensure or enrollment
under this Act, the | ||||||
13 | Department may issue a rule of intent to deny
licensure or | ||||||
14 | enrollment
and may conduct a hearing in accordance
with | ||||||
15 | Sections 26 through 33 and Sections 37 and 38 of this Act.
| ||||||
16 | The Board may conduct oral interviews of any applicant | ||||||
17 | under Sections
10, 11, or 19 to assist in the evaluation of the | ||||||
18 | qualifications of the
applicant.
| ||||||
19 | It is the responsibility of the applicant to supplement the
| ||||||
20 | application, when requested by the Board, by provision of | ||||||
21 | additional
documentation of education, including transcripts, | ||||||
22 | course content and
credentials of the engineering college or | ||||||
23 | college granting related
science degrees, or of work experience | ||||||
24 | to permit the Board to determine
the qualifications of the | ||||||
25 | applicant. The Department may require an
applicant, at the | ||||||
26 | applicant's expense, to have an evaluation of the applicant's
|
| |||||||
| |||||||
1 | education in a foreign country by a nationally recognized | ||||||
2 | evaluating service educational body
approved by the Board in | ||||||
3 | accordance with rules prescribed by the Department.
| ||||||
4 | An applicant who graduated from an engineering program | ||||||
5 | outside the United
States or its territories and whose first | ||||||
6 | language is not English shall submit
certification of passage | ||||||
7 | of the Test of English as a Foreign Language (TOEFL)
and a test | ||||||
8 | of spoken English the Test of Spoken English (TSE) as defined | ||||||
9 | by rule.
| ||||||
10 | (Source: P.A. 91-92, eff. 1-1-00; 92-145, eff. 1-1-02.)
| ||||||
11 | (225 ILCS 325/10) (from Ch. 111, par. 5210)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
13 | Sec. 10.
Minimum standards for examination for licensure as
| ||||||
14 | professional engineer. To qualify for licensure as a | ||||||
15 | professional
engineer each applicant shall be:
| ||||||
16 | (a) A graduate of an approved engineering curriculum of at | ||||||
17 | least 4
years who submits acceptable evidence to the Board of | ||||||
18 | an additional 4
years or more of experience in engineering work | ||||||
19 | of a grade and character
which indicate that the individual may | ||||||
20 | be competent to practice
professional engineering, and who then | ||||||
21 | passes a nominal 8-hour written
examination in the fundamentals | ||||||
22 | of engineering, and a nominal 8-hour
written examination in the | ||||||
23 | principles and practice of engineering. Upon
passing both | ||||||
24 | examinations, the applicant, if otherwise qualified, shall
be | ||||||
25 | granted a license to practice professional engineering in this |
| |||||||
| |||||||
1 | State; or
| ||||||
2 | (b) A graduate of a non-approved engineering curriculum or | ||||||
3 | a related
science curriculum of at least 4 years and meeting | ||||||
4 | the requirements as
set forth by rule, who submits acceptable | ||||||
5 | evidence to the Board of an
additional 8 years or more of | ||||||
6 | experience in engineering work of a grade
and character which | ||||||
7 | indicate that the individual may be competent to
practice | ||||||
8 | professional engineering, and who then passes a nominal 8-hour
| ||||||
9 | written examination in the fundamentals of engineering and a | ||||||
10 | nominal
8-hour written examination in the principles and | ||||||
11 | practice of
engineering. Upon passing both examinations, the | ||||||
12 | applicant, if
otherwise qualified, shall be granted a license | ||||||
13 | to practice professional
engineering in this State; or
| ||||||
14 | (c) An engineer intern who meets the education and | ||||||
15 | experience
qualifications of subsection (a)or (b) of this | ||||||
16 | Section
and has passed the nominal 8-hour written examination | ||||||
17 | in the fundamentals
of engineering ,
by application
and payment | ||||||
18 | of the required fee, may then take the nominal 8-hour written
| ||||||
19 | examination in the principles and practice of engineering. If | ||||||
20 | the applicant passes Upon passing
that examination and submits | ||||||
21 | evidence to the Board that meets the experience qualification | ||||||
22 | of subsection (a) or (b) of this Section , the applicant, if | ||||||
23 | otherwise qualified, shall be
granted a license to practice | ||||||
24 | professional engineering in this State.
| ||||||
25 | (d) When considering an applicant's
qualifications for | ||||||
26 | licensure under this Act, the Department may take into
|
| |||||||
| |||||||
1 | consideration whether an applicant has engaged in conduct or | ||||||
2 | actions that
would constitute a violation of the Standards of | ||||||
3 | Professional Conduct for
this Act as provided for by | ||||||
4 | administrative rules.
| ||||||
5 | (Source: P.A. 91-92, eff. 1-1-00.)
| ||||||
6 | (225 ILCS 325/17) (from Ch. 111, par. 5217)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
8 | Sec. 17.
Licensure; Renewal; Restoration; Person in | ||||||
9 | military
service ; Retired . The expiration date and renewal | ||||||
10 | period for each professional
engineer license issued under this | ||||||
11 | Act shall be set by the Department
by rule. The
enrollment of | ||||||
12 | an engineer intern shall not expire.
| ||||||
13 | Any person whose
license has expired or whose license is on | ||||||
14 | inactive status may have such
license restored by making | ||||||
15 | application to the Department and filing
proof acceptable to | ||||||
16 | the Department of that person's fitness to have such
license | ||||||
17 | restored, which may include sworn evidence certifying to active
| ||||||
18 | practice in another jurisdiction satisfactory to the | ||||||
19 | Department and by
paying the required restoration fee.
If the | ||||||
20 | person has not maintained an active practice in another
| ||||||
21 | jurisdiction satisfactory to the Department, the Board shall | ||||||
22 | determine,
by an evaluation program established by rule, the | ||||||
23 | person's fitness to
resume active status and may require the | ||||||
24 | person to complete a period of
evaluated experience and may | ||||||
25 | require successful completion of the
principles and practice |
| |||||||
| |||||||
1 | examination.
| ||||||
2 | However, any person whose license expired while that person | ||||||
3 | was (1) in
Federal Service on active duty with the Armed Forces | ||||||
4 | of the United
States, or the State Militia called into service | ||||||
5 | or training, or (2) in
training or education under the | ||||||
6 | supervision of the United States
preliminary to induction into | ||||||
7 | the military service, may have such
license renewed or restored | ||||||
8 | without paying any lapsed renewal fees if,
within 2 years after | ||||||
9 | honorable termination of such service, training,
or education, | ||||||
10 | except under conditions other than honorable, the
Department is | ||||||
11 | furnished with satisfactory evidence that the person has
been | ||||||
12 | so engaged and has maintained professional competence and that | ||||||
13 | such
service, training or education has been so terminated.
| ||||||
14 | Each application
for renewal shall contain the original | ||||||
15 | seal and signature of the
professional engineer. Applicants for | ||||||
16 | renewal or restoration shall
certify that all conditions of | ||||||
17 | their license meet the requirements of
the Illinois | ||||||
18 | Professional Engineering Practice Act of 1989.
| ||||||
19 | The Department may grant the title "Professional Engineer, | ||||||
20 | Retired", to any person who has been duly licensed as a | ||||||
21 | professional engineer by the Department and who chooses to | ||||||
22 | relinquish or not renew his or her license. The Department may, | ||||||
23 | by rule, exempt from continuing education requirements those | ||||||
24 | who are granted the title "Professional Engineer, Retired." | ||||||
25 | Those persons granted the title "Professional Engineer, | ||||||
26 | Retired" may request restoration to active status under the |
| |||||||
| |||||||
1 | applicable provisions of Sections 17, 17.5, and 18 of this Act. | ||||||
2 | (Source: P.A. 89-61, eff. 6-30-95.)
| ||||||
3 | (225 ILCS 325/19) (from Ch. 111, par. 5219)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
5 | Sec. 19. Endorsement. The Department may, upon the | ||||||
6 | recommendation
of the Board, license as a professional | ||||||
7 | engineer,
on payment of the required fee, an applicant who is a | ||||||
8 | professional
engineer registered or licensed under the laws of | ||||||
9 | another state or
territory of the United States or the District | ||||||
10 | of Columbia or parties to the
North American Free Trade | ||||||
11 | Agreement
if the
applicant qualifies under Section 10 of this | ||||||
12 | Act, or if the
qualifications of the applicant were at the time | ||||||
13 | of registration or
licensure in another jurisdiction | ||||||
14 | substantially equal to the
requirements in force in this State | ||||||
15 | on that date.
| ||||||
16 | The Department may refuse to endorse by comity the | ||||||
17 | applicants from any
state, District of Columbia or territory if | ||||||
18 | the requirements for
registration or licensure in such | ||||||
19 | jurisdiction are not substantially
equal to the requirements of | ||||||
20 | this Act.
| ||||||
21 | Applicants have 3 years from the date of application to | ||||||
22 | complete the
application process. If the process has not been | ||||||
23 | completed during the 3
year time frame, the application shall | ||||||
24 | be denied, the fee forfeited and
the applicant must reapply and | ||||||
25 | meet the requirements in effect at the
time of reapplication.
|
| |||||||
| |||||||
1 | (Source: P.A. 88-595, eff. 8-26-94; 89-61, eff. 6-30-95.)
| ||||||
2 | (225 ILCS 325/21) (from Ch. 111, par. 5221)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
4 | Sec. 21. Rosters. The Department shall maintain a roster of | ||||||
5 | the names and
addresses of all professional engineers and | ||||||
6 | professional design firms,
partnerships, and corporations | ||||||
7 | licensed or registered under this Act. This
roster shall be | ||||||
8 | available upon written request and payment of the required fee.
| ||||||
9 | (Source: P.A. 88-428.)
| ||||||
10 | (225 ILCS 325/42) (from Ch. 111, par. 5242)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
12 | Sec. 42. Civil penalties.
| ||||||
13 | (1) In addition to any other penalty provided by law, any | ||||||
14 | person, sole
proprietorship, professional service corporation, | ||||||
15 | limited liability company,
partnership, or other entity
who
| ||||||
16 | violates Section 40 of this Act shall forfeit and pay to the | ||||||
17 | Design
Professionals Administration and Investigation Fund a | ||||||
18 | civil penalty in an
amount determined by the Department of not | ||||||
19 | more than $10,000 $5,000 for
each offense. The penalty shall be | ||||||
20 | assessed in proceedings as provided in
Sections 26 through 33 | ||||||
21 | and Section 37 of this Act.
| ||||||
22 | (2) Unless the amount of the penalty is paid within 60 days | ||||||
23 | after the
order becomes final, the order shall constitute a | ||||||
24 | judgment and shall be
filed and execution issued thereon in the |
| |||||||
| |||||||
1 | same manner as the judgment of
a court of record.
| ||||||
2 | (Source: P.A. 88-595, eff. 8-26-94; 89-61, eff. 6-30-95.)
| ||||||
3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.
|