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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, | ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Professional Geologist Licensing Act is | ||||||
5 | amended by changing Sections 15, 20, 25, 30, 35, 40, 45, 50, | ||||||
6 | 60, 65, 70, 75, 80, 85, 90, 110, 120, 125, 135, 140, 145, and | ||||||
7 | 160 and by adding Section 51 as follows:
| ||||||
8 | (225 ILCS 745/15)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
10 | Sec. 15. Definitions. In this Act:
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11 | "Board" means the Board of Licensing for Professional | ||||||
12 | Geologists.
| ||||||
13 | "Department" means the Department of Financial and | ||||||
14 | Professional Regulation.
| ||||||
15 | "Enrollment" means the recording by the Department of the | ||||||
16 | names and addresses of individuals who have met the | ||||||
17 | requirements specified in this Act for a Geologist Intern. | ||||||
18 | "Geologist" means an individual who, by reason of his or | ||||||
19 | her knowledge of
geology, mathematics, and the physical and | ||||||
20 | life sciences, acquired by education
and practical experience | ||||||
21 | as defined by this Act, is capable of practicing the
science of | ||||||
22 | geology.
| ||||||
23 | "Geologist Intern" means an individual enrolled with the |
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| |||||||
1 | Department who has knowledge of geology, mathematics, and the | ||||||
2 | physical and life sciences, as defined in this Act, and has | ||||||
3 | passed the examination on the fundamental theory and concepts | ||||||
4 | of geology administered by the Department with the advice and | ||||||
5 | consent of the Board. | ||||||
6 | "Geology" means the science that includes the treatment of | ||||||
7 | the earth and its
origin and history including, but not limited | ||||||
8 | to, (i) the investigation of the
earth's crust and
interior and | ||||||
9 | the solids and fluids, including all surface and
underground | ||||||
10 | waters, gases, and other materials that compose the earth as | ||||||
11 | they
may relate to geologic processes; (ii) the study of the | ||||||
12 | natural agents, forces,
and
processes that cause changes in the | ||||||
13 | earth; and (iii) the utilization of this
knowledge of the earth | ||||||
14 | and its solids, fluids, and gases, and their collective
| ||||||
15 | properties and processes, for the benefit of humankind.
| ||||||
16 | "Person" or "individual" means a natural person.
| ||||||
17 | "Practice of professional geology" means the performance | ||||||
18 | of,
or the offer to perform, the services of a geologist, | ||||||
19 | including consultation,
investigation, evaluation, planning, | ||||||
20 | mapping, inspection of geologic work, and
other services that | ||||||
21 | require extensive knowledge of geologic laws, formulas,
| ||||||
22 | principles, practice, and methods of data interpretation.
| ||||||
23 | A person shall be construed to practice or offer to | ||||||
24 | practice professional
geology, within the meaning and intent of | ||||||
25 | this Act, if that person (i) by
verbal claim, sign,
| ||||||
26 | advertisement, letterhead, card, or any other means, |
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| |||||||
1 | represents himself or
herself
to be a Licensed Professional | ||||||
2 | Geologist professional geologist or through the use of some | ||||||
3 | title implies
that he or she is a Licensed Professional | ||||||
4 | Geologist professional geologist or is licensed under this
Act | ||||||
5 | or (ii) holds himself or herself out as able to perform or does | ||||||
6 | perform
services or work defined in this Act as the practice of
| ||||||
7 | professional geology.
| ||||||
8 | Examples of the practice of professional geology include, | ||||||
9 | but are not limited
to, the
conduct of, or responsible charge | ||||||
10 | for, the following types of activities: (i)
mapping,
sampling,
| ||||||
11 | and analysis of earth materials, interpretation of data, and | ||||||
12 | the preparation of
oral or written testimony regarding the | ||||||
13 | probable geological causes of
events;
(ii) planning, review, | ||||||
14 | and supervision of data gathering activities,
interpretation | ||||||
15 | of geological data gathered by direct and indirect means,
| ||||||
16 | preparation and interpretation of geological maps, | ||||||
17 | cross-sections, interpretive maps and reports
for the purpose | ||||||
18 | of determining evaluating regional or site specific geological | ||||||
19 | conditions;
(iii) the planning, review, and supervision of data
| ||||||
20 | gathering activities and interpretation of data on regional or | ||||||
21 | site specific
geological characteristics affecting | ||||||
22 | groundwater;
(iv) the interpretation of
geological conditions | ||||||
23 | on the surface of the Earth and at depth in the Earth at a | ||||||
24 | specific site on the
Earth's surface for the purpose of | ||||||
25 | determining whether those conditions
correspond to a geologic | ||||||
26 | map of the site or a legally specified geological requirement |
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| |||||||
1 | for the site ; and (v) the conducting of
environmental property | ||||||
2 | audits.
| ||||||
3 | "Licensed Professional Geologist professional geologist " | ||||||
4 | means an individual who is licensed under
this Act to engage in | ||||||
5 | the practice of professional geology in
Illinois.
| ||||||
6 | "Responsible charge" means the independent control and | ||||||
7 | direction, by use of
initiative, skill, and independent | ||||||
8 | judgment, of geological work or the
supervision of that work. | ||||||
9 | "Secretary" means the Secretary of Financial and | ||||||
10 | Professional Regulation.
| ||||||
11 | (Source: P.A. 96-666, eff. 8-25-09.)
| ||||||
12 | (225 ILCS 745/20)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
14 | Sec. 20. Exemptions. Nothing in this Act shall be construed | ||||||
15 | to restrict
the use of the title "geologist" or similar words | ||||||
16 | by any person engaged in a
practice of geology exempted under | ||||||
17 | this Act, provided the person does not hold
himself or herself | ||||||
18 | out as being a Licensed Professional Geologist licensed | ||||||
19 | professional geologist or does not
practice
professional | ||||||
20 | geology in a manner requiring licensure under this Act.
| ||||||
21 | Performance of the following activities does not require | ||||||
22 | licensure as a
licensed professional geologist under this Act:
| ||||||
23 | (a) The practice of professional geology by an employee or | ||||||
24 | a subordinate of
a licensee under this Act, provided the work | ||||||
25 | does not include responsible
charge of geological work and is |
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1 | performed under the direct
supervision of a Licensed | ||||||
2 | Professional Geologist licensed professional geologist who is | ||||||
3 | responsible for
the work.
| ||||||
4 | (b) The practice of professional geology by officers and | ||||||
5 | employees of the
United States government within the scope of | ||||||
6 | their employment.
| ||||||
7 | (c) The practice of professional geology as geologic | ||||||
8 | research to advance
basic knowledge for the purpose of offering | ||||||
9 | scientific papers, publications, or
other presentations (i) | ||||||
10 | before meetings of scientific societies, (ii) internal
to a
| ||||||
11 | partnership, corporation, proprietorship, or government | ||||||
12 | agency, or (iii) for
publication
in scientific journals, or in | ||||||
13 | books.
| ||||||
14 | (d) The teaching of geology in schools, colleges, or | ||||||
15 | universities, as
defined by rule.
| ||||||
16 | (e) The practice of professional geology exclusively in the | ||||||
17 | exploration for
or development of energy resources or base, | ||||||
18 | precious and nonprecious minerals,
including sand, gravel, and | ||||||
19 | aggregate, that does not require, by law, rule,
or ordinance, | ||||||
20 | the submission of reports, documents, or oral or written
| ||||||
21 | testimony
to public agencies. Public agencies may, by law or by | ||||||
22 | rule, allow required
oral
or written testimony, reports, permit | ||||||
23 | applications, or other documents based on
the science of | ||||||
24 | geology to be submitted to them by persons not licensed under
| ||||||
25 | this Act. Unless otherwise required by State or federal law, | ||||||
26 | public agencies
may not require that the geology-based aspects |
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| |||||||
1 | of testimony, reports, permits,
or other documents so exempted | ||||||
2 | be reviewed by,
approved, or otherwise certified by any person | ||||||
3 | who is not a Licensed Professional Geologist licensed
| ||||||
4 | professional geologist . Licensure is not required for the
| ||||||
5 | submission and review of reports or documents or the provision | ||||||
6 | of oral or
written
testimony made under the Well Abandonment | ||||||
7 | Act, the Illinois
Oil and Gas Act, the Surface Coal Mining Land | ||||||
8 | Conservation and Reclamation Act,
or the Surface-Mined Land | ||||||
9 | Conservation and Reclamation Act.
| ||||||
10 | (f) The practice of professional engineering as defined in | ||||||
11 | the Professional
Engineering Practice Act of 1989.
| ||||||
12 | (g) The practice of structural engineering as defined in | ||||||
13 | the Structural
Engineering
Practice Act of 1989.
| ||||||
14 | (h) The practice of architecture as defined in the Illinois | ||||||
15 | Architecture
Practice Act of 1989.
| ||||||
16 | (i) The practice of land surveying as defined in the | ||||||
17 | Illinois Professional
Land Surveyor
Act of 1989.
| ||||||
18 | (j) The practice of landscape architecture as defined in | ||||||
19 | the Illinois
Landscape Architecture Act of 1989.
| ||||||
20 | (k) The practice of professional geology for a period not | ||||||
21 | to exceed 9 months by any person pursuing a course of study | ||||||
22 | leading to a degree in geology from an accredited college or | ||||||
23 | university, as set forth in this Act and as established by | ||||||
24 | rule, provided that (i) such practice constitutes a part of a | ||||||
25 | supervised course of study, (ii) the person is under the | ||||||
26 | supervision of a geologist licensed under this Act or a teacher |
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| |||||||
1 | of geology at an accredited college or university , and (iii) | ||||||
2 | the person is designated by a title that clearly indicates his | ||||||
3 | or her status as a student or trainee. | ||||||
4 | (Source: P.A. 96-666, eff. 8-25-09.)
| ||||||
5 | (225 ILCS 745/25)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
7 | Sec. 25. Restrictions and limitations. No person shall, | ||||||
8 | without a valid
license issued by the Department (i) in any | ||||||
9 | manner hold himself or herself out
to the public as a Licensed | ||||||
10 | Professional Geologist licensed professional geologist ; (ii)
| ||||||
11 | attach the title "Licensed Professional Geologist" to his or | ||||||
12 | her name; or
(iii) render or offer
to render to individuals, | ||||||
13 | corporations, or public agencies services
constituting the | ||||||
14 | practice of professional geology.
| ||||||
15 | Individuals practicing geology in Illinois as of the | ||||||
16 | effective
date of this amendatory Act of 1997 may continue to | ||||||
17 | practice as provided in
this Act until the Department has | ||||||
18 | adopted rules implementing this Act. To
continue practicing | ||||||
19 | geology after the adoption of rules, individuals shall
apply | ||||||
20 | for licensure within 180 days after the effective date of the | ||||||
21 | rules. If
an application is received during the 180-day period, | ||||||
22 | the individual may
continue to practice until the Department | ||||||
23 | acts to grant or deny licensure. If
an application is not filed | ||||||
24 | within the 180-day period, the individual must
cease the | ||||||
25 | practice of geology at the conclusion of the 180-day period and |
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1 | until
the Department acts to grant a license to
the individual.
| ||||||
2 | (Source: P.A. 89-366, eff. 7-1-96; 90-61, eff. 12-30-97 .)
| ||||||
3 | (225 ILCS 745/30)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2016)
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5 | Sec. 30. Powers and duties of the Department. Subject to | ||||||
6 | the provisions
of this Act, the Department may:
| ||||||
7 | (a) Authorize examinations to ascertain the qualifications | ||||||
8 | and fitness of
applicants for licensing as a Licensed | ||||||
9 | Professional Geologist licensed professional geologists or as | ||||||
10 | a Licensed Specialty Geologist licensed
specialty geologists , | ||||||
11 | or for enrollment as a Geologist Intern, as defined by the | ||||||
12 | Board, and pass upon the qualifications
of applicants for | ||||||
13 | licensure by endorsement.
| ||||||
14 | (b) Conduct hearings on proceedings to refuse to issue or | ||||||
15 | renew or to revoke
licenses or enrollments or suspend, place on | ||||||
16 | probation, or reprimand persons licensed
or enrolled under this | ||||||
17 | Act, and to refuse to issue or renew or to revoke licenses or | ||||||
18 | enrollments , or
suspend, place on probation, or reprimand | ||||||
19 | persons licensed or enrolled under this
Act.
| ||||||
20 | (c) Formulate rules required for the administration of this
| ||||||
21 | Act.
| ||||||
22 | (d) Obtain written recommendations from the Board | ||||||
23 | regarding (i) definitions
of
curriculum content and approval of | ||||||
24 | geological curricula, standards of
professional conduct, and | ||||||
25 | formal disciplinary actions and the formulation of
rules |
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1 | affecting these matters and (ii) when petitioned by the | ||||||
2 | applicant,
opinions
regarding the qualifications of applicants | ||||||
3 | for licensure or enrollment licensing .
| ||||||
4 | (e) Maintain rosters of the names and addresses of all | ||||||
5 | licensees and enrollees whose licenses or enrollments are | ||||||
6 | currently active , and all
persons whose licenses or enrollments | ||||||
7 | have been suspended, revoked, or denied renewal for
cause | ||||||
8 | within the previous calendar year. These rosters shall be | ||||||
9 | available upon
written request and payment of the required fee.
| ||||||
10 | (Source: P.A. 89-366, eff. 7-1-96 .)
| ||||||
11 | (225 ILCS 745/35)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
13 | Sec. 35. Board of Licensing for Professional Geologists; | ||||||
14 | members;
qualifications; duties. | ||||||
15 | (a) The Director shall appoint a Board of Licensing
for
| ||||||
16 | Professional Geologists which shall serve in an advisory | ||||||
17 | capacity to the
Director. The Board shall be composed of 8 | ||||||
18 | persons, 7 of whom shall be voting
members appointed by the | ||||||
19 | Director, who shall give due consideration to
recommendations | ||||||
20 | by members of the profession of geology and of geology
| ||||||
21 | organizations within the State. In addition, the State | ||||||
22 | Geologist or his
or her
designated representative, shall be an | ||||||
23 | advisory, non-voting member of the
Board.
| ||||||
24 | (b) Insofar as possible, the geologists appointed to serve
| ||||||
25 | on the Board shall be generally representative of the |
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| |||||||
1 | occupational and
geographical distribution
of geologists | ||||||
2 | within this State.
| ||||||
3 | (c) Of the 7 appointed voting members of the Board, 6 shall | ||||||
4 | be geologists
and one shall be a member of the general public | ||||||
5 | with no family or business
connection with the practice of | ||||||
6 | geology.
| ||||||
7 | (d) Each of the first appointed geologist members of the | ||||||
8 | Board shall have at
least 10 years of active geological | ||||||
9 | experience and shall possess the education
and experience | ||||||
10 | required for licensure. Each subsequently appointed
geologist | ||||||
11 | member of the Board shall be a Licensed Professional Geologist | ||||||
12 | professional geologist licensed
under this Act.
| ||||||
13 | (e) Of the initial appointments, the Director shall appoint | ||||||
14 | 3 voting members
for a term of
4 years, 2 voting members for a | ||||||
15 | term of 3 years, and 2 voting members for a
term of 2 years. | ||||||
16 | Thereafter, voting members shall be appointed for 4-year
terms. | ||||||
17 | Terms shall commence on the 3rd Monday in January.
| ||||||
18 | (f) Members shall hold office until the expiration of their | ||||||
19 | terms or until
their successors have been appointed and have | ||||||
20 | qualified.
| ||||||
21 | (g) No voting member of the Board shall serve more than 2 | ||||||
22 | consecutive full
terms.
| ||||||
23 | (h) Vacancies in the membership of the Board shall be | ||||||
24 | filled by appointment
for the unexpired term.
| ||||||
25 | (i) The Director may remove or suspend any appointed member | ||||||
26 | of the Board for cause at
any time before the expiration of his |
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| |||||||
1 | or her term.
| ||||||
2 | (j) The Board shall annually elect one of its members as | ||||||
3 | chairperson.
| ||||||
4 | (k) The members of the Board shall be reimbursed for all | ||||||
5 | legitimate
and necessary expenses authorized by the Department | ||||||
6 | incurred in attending the
meetings of the
Board.
| ||||||
7 | (l) The Board may make recommendations to the Director to | ||||||
8 | establish the
examinations and their method of grading.
| ||||||
9 | (m) The Board may submit written recommendations to the | ||||||
10 | Director
concerning
formulation of rules and a Code of | ||||||
11 | Professional Conduct and Ethics. The Board
may recommend or | ||||||
12 | endorse revisions and amendments to the Code and to the
rules | ||||||
13 | from time to time.
| ||||||
14 | (n) The Board may make recommendations on matters relating | ||||||
15 | to continuing
education of Licensed Professional Geologists | ||||||
16 | licensed professional geologists , including the number of | ||||||
17 | hours
necessary for license renewal, waivers for those unable | ||||||
18 | to meet that
requirement, and acceptable course content. These | ||||||
19 | recommendations shall not
impose an undue burden on the | ||||||
20 | Department or an unreasonable restriction on
those seeking a | ||||||
21 | license renewal. | ||||||
22 | (o) Four voting Board members constitutes a quorum. A | ||||||
23 | quorum is required for all Board decisions.
| ||||||
24 | (Source: P.A. 96-666, eff. 8-25-09.)
| ||||||
25 | (225 ILCS 745/40)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
2 | Sec. 40. Application for licensure; applications for | ||||||
3 | enrollment original license . | ||||||
4 | (a) Applications for original
licenses shall be made to the | ||||||
5 | Department on forms prescribed by the Department
and | ||||||
6 | accompanied by the required fee. All applications shall contain | ||||||
7 | the
information that, in the judgment of the Department, will | ||||||
8 | enable the Department
to pass on the qualifications of the | ||||||
9 | applicant for a license to practice as a Licensed Professional | ||||||
10 | Geologist
licensed professional geologist .
| ||||||
11 | (b) Applications for enrollment as a Geologist Intern shall | ||||||
12 | be made to the Department on forms prescribed by the Department | ||||||
13 | and accompanied by the required fee. All applications shall | ||||||
14 | contain the information that, in the judgment of the | ||||||
15 | Department, will enable the Department to pass on the | ||||||
16 | qualifications of the applicant to take the examination on the | ||||||
17 | fundamental theory and concepts of the science of geology and | ||||||
18 | be enrolled as a Geologist Intern. | ||||||
19 | (Source: P.A. 89-366, eff. 7-1-96 .)
| ||||||
20 | (225 ILCS 745/45)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
22 | Sec. 45. Examination; failure or refusal to take the | ||||||
23 | examination.
| ||||||
24 | (a) The Department shall authorize examinations of | ||||||
25 | applicants for original licensure as a Professional Geologist |
| |||||||
| |||||||
1 | and enrollment as a Geologist Intern at such times
and places | ||||||
2 | as it may determine. The examination for licensure as a | ||||||
3 | Licensed Professional Geologist examinations shall be a 2-part | ||||||
4 | examination, with one part of a character to
fairly testing | ||||||
5 | test an applicant's qualifications to practice professional | ||||||
6 | geology and
knowledge of the fundamental theory and concepts | ||||||
7 | practice of the science of geology, including
subjects that are | ||||||
8 | generally taught in geology curricula of accredited colleges | ||||||
9 | and
universities , and the other part testing the applicant's | ||||||
10 | knowledge of the practical application and uses of the theory | ||||||
11 | and science of geology. Applicants for enrollment as Geologist | ||||||
12 | Interns must take only that part of the examination that fairly | ||||||
13 | tests the knowledge of the fundamental theory and concepts of | ||||||
14 | the science of geology .
| ||||||
15 | (b) Applicants for licensure as a Professional Geologist | ||||||
16 | who are required to take both parts of the examination for | ||||||
17 | examinations shall pay, either to the Department or to
the
| ||||||
18 | designated testing service, a fee covering the cost of | ||||||
19 | providing the
examination. Failure to appear for the required | ||||||
20 | examination on the scheduled date at
the time and place | ||||||
21 | specified after the application for examination has been
| ||||||
22 | received and acknowledged by the Department or the designated | ||||||
23 | testing service
shall result in forfeiture of the examination | ||||||
24 | fee.
| ||||||
25 | (c) If the applicant for licensure neglects, fails, or | ||||||
26 | refuses to take a required an examination or
fails to pass a |
| |||||||
| |||||||
1 | required an examination for a license under this Act within 3 | ||||||
2 | years after
filing an application, the application shall be | ||||||
3 | denied. However, the applicant
may thereafter submit a new | ||||||
4 | application accompanied by the required fee. The
applicant | ||||||
5 | shall meet the requirements in force at the time of making the | ||||||
6 | new
application.
| ||||||
7 | (d) The Department may employ consultants for the purpose | ||||||
8 | of preparing and
conducting examinations.
| ||||||
9 | (e) The Department shall have the authority to adopt or | ||||||
10 | recognize, in part
or in whole, examinations prepared, | ||||||
11 | administered, or graded by other
organizations that are | ||||||
12 | determined appropriate to measure the qualifications of
an | ||||||
13 | applicant for licensure as a Licensed Professional Geologist or | ||||||
14 | enrollment as a Geologist Intern professional geologist .
| ||||||
15 | (Source: P.A. 89-366, eff. 7-1-96 .)
| ||||||
16 | (225 ILCS 745/50)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
18 | Sec. 50. Qualifications for licensure.
| ||||||
19 | (a) The Department may issue a license to practice as a | ||||||
20 | Licensed Professional Geologist licensed
professional | ||||||
21 | geologist to any applicant who meets the following | ||||||
22 | qualifications:
| ||||||
23 | (1) The applicant has completed an application form and | ||||||
24 | paid the
required fees.
| ||||||
25 | (2) The applicant is of good ethical character, |
| |||||||
| |||||||
1 | including compliance with
the Code of Professional Conduct | ||||||
2 | and Ethics under this Act, and
has not
committed any act or | ||||||
3 | offense in any jurisdiction that would constitute the
basis | ||||||
4 | for disciplining a Licensed Professional Geologist | ||||||
5 | professional geologist licensed under this Act.
| ||||||
6 | (3) The applicant has earned a degree in geology from | ||||||
7 | an accredited
college or university, as established by | ||||||
8 | rule, with a minimum of 30 semester or
45 quarter hours of
| ||||||
9 | course credits in geology, of which 24 semester or 36 | ||||||
10 | quarter hours are in
upper level courses. The Department | ||||||
11 | may, upon the recommendation of the
Board, allow the | ||||||
12 | substitution of
appropriate experience as a geologist for | ||||||
13 | prescribed educational requirements
as established by | ||||||
14 | rule.
| ||||||
15 | (4) The applicant has a documented record of a minimum | ||||||
16 | of 4 years of
professional experience, obtained after | ||||||
17 | completion of the education
requirements specified in this | ||||||
18 | Section, in geologic or directly related work,
| ||||||
19 | demonstrating that the applicant is qualified to assume | ||||||
20 | responsible charge of
such work upon licensure as a | ||||||
21 | Licensed Professional Geologist professional geologist or | ||||||
22 | such specialty of
professional geology that the
Board may | ||||||
23 | recommend and the Department may recognize. The Department | ||||||
24 | may
require evidence acceptable to it that up to 2 years of | ||||||
25 | professional experience
have been gained under the | ||||||
26 | supervision of a person licensed under this Act or
similar |
| |||||||
| |||||||
1 | Acts in any other state, or under the supervision of others | ||||||
2 | who, in the
opinion of the Department, are qualified to | ||||||
3 | have responsible charge of
geological work under this Act.
| ||||||
4 | (5) The applicant has passed an examination authorized | ||||||
5 | by the Department
for the practice as a Licensed | ||||||
6 | Professional Geologist of
professional geology .
| ||||||
7 | (6) The applicant has complied with all other | ||||||
8 | requirements of this Act and
rules established for the | ||||||
9 | implementation of this Act.
| ||||||
10 | (b) A license to practice as a Licensed Professional | ||||||
11 | Geologist professional geology shall not be denied any
| ||||||
12 | applicant because of the applicant's race, religion, creed, | ||||||
13 | national origin,
political beliefs or activities, age, sex, | ||||||
14 | sexual orientation, or physical
impairment.
| ||||||
15 | (Source: P.A. 96-666, eff. 8-25-09.)
| ||||||
16 | (225 ILCS 745/51 new) | ||||||
17 | Sec. 51. Qualifications for Geologist Intern enrollment; | ||||||
18 | final expiration of enrollment; Department powers and duties. | ||||||
19 | (a) The Department may enroll as a Geologist Intern any | ||||||
20 | applicant who meets the following qualifications: | ||||||
21 | (1) The applicant has completed an application form and | ||||||
22 | paid the required fees. | ||||||
23 | (2) The applicant has (i) earned a degree in geology | ||||||
24 | from an accredited college or university, with a minimum of | ||||||
25 | 30 semester or 45 quarter hours of course credits in |
| |||||||
| |||||||
1 | geology, of which 24 semester or 36 quarter hours are in | ||||||
2 | upper level courses; or (ii) is in the final semester of a | ||||||
3 | program leading to a degree as set forth in item (i) of | ||||||
4 | this paragraph (2). | ||||||
5 | (3) The applicant has passed the required examination | ||||||
6 | on the fundamental theory and concepts of the science of | ||||||
7 | geology, as required under Section 45 of this Act. | ||||||
8 | The Department may not issue an enrollment under this | ||||||
9 | Section unless and until the applicant provides proof | ||||||
10 | acceptable to the Department of having obtained the required | ||||||
11 | degree within 12 months after having passed the required | ||||||
12 | examination. | ||||||
13 | (b) A Geologist Intern in good standing may renew his or | ||||||
14 | her enrollment upon payment to the Department of the required | ||||||
15 | fee. However, the duration of the period of enrollment issued | ||||||
16 | under this Section may not extend past a total of 10 years and | ||||||
17 | shall automatically and permanently expire upon the end of the | ||||||
18 | 10-year period if the enrollee fails to apply for and | ||||||
19 | successfully meet the requirements for licensure as a Licensed | ||||||
20 | Professional Geologist, including passing the part of the | ||||||
21 | licensing examination that fairly tests the practical | ||||||
22 | application and uses of the science of geology, as set forth in | ||||||
23 | Section 45 of this Act. | ||||||
24 | (c) Enrollment as a Geologist Intern shall not be denied | ||||||
25 | any applicant because of the applicant's race, religion, creed, | ||||||
26 | national origin, political beliefs or activities, age, sex, |
| |||||||
| |||||||
1 | sexual orientation, or physical impairment.
| ||||||
2 | (225 ILCS 745/60)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
4 | Sec. 60. Seals.
| ||||||
5 | (a) Upon licensure, each licensee shall obtain a seal of a | ||||||
6 | design
as required by rule bearing the licensee's
name, license | ||||||
7 | number, and the legend "Licensed
Professional Geologist".
| ||||||
8 | (b) All preliminary, draft, and final geologic reports, | ||||||
9 | documents,
permits, affidavits, maps, boring logs, cross | ||||||
10 | sections ,
or other records offered to the public and prepared | ||||||
11 | or issued by or under the
supervision of a Licensed | ||||||
12 | Professional Geologist licensed professional geologist shall | ||||||
13 | include the full name,
signature, and license number of the | ||||||
14 | licensee, and the date of license
expiration of the person who | ||||||
15 | prepared the document or under whose supervision
it was | ||||||
16 | prepared, and an impression of the licensee's seal, in | ||||||
17 | accordance with
rules issued by the Department.
| ||||||
18 | (c) The Licensed Professional Geologist licensed | ||||||
19 | professional geologist who has contract responsibility
shall | ||||||
20 | seal a cover sheet of the professional work products and those
| ||||||
21 | individual portions of the professional work products for which | ||||||
22 | the Licensed Professional Geologist licensed
professional | ||||||
23 | geologist is legally and professionally responsible. A | ||||||
24 | Licensed Professional Geologist licensed
professional
| ||||||
25 | geologist practicing as the support professional shall seal |
| |||||||
| |||||||
1 | those individual
portions of professional work products for | ||||||
2 | which that Licensed Professional Geologist licensed | ||||||
3 | professional
geologist is legally and professionally | ||||||
4 | responsible.
| ||||||
5 | (d) The use of a licensed professional geologist's seal on | ||||||
6 | professional work
products
constitutes a representation that | ||||||
7 | the work prepared by or under the personal
supervision of that | ||||||
8 | Licensed Professional Geologist licensed professional | ||||||
9 | geologist has been prepared and
administered in accordance with | ||||||
10 | the standards of reasonable professional skill
and diligence.
| ||||||
11 | (e) It is unlawful to affix one's seal to professional work | ||||||
12 | products if it
masks the true identity of the person who | ||||||
13 | actually exercised direction,
supervision, and responsible | ||||||
14 | charge of the preparation of that work. A Licensed Professional | ||||||
15 | Geologist
licensed professional geologist who signs and seals | ||||||
16 | professional work
products is not responsible for damage caused | ||||||
17 | by subsequent changes to or uses
of those professional work | ||||||
18 | products, if the subsequent changes or uses,
including changes | ||||||
19 | or uses made by State or local government agencies, are not
| ||||||
20 | authorized or approved by the Licensed Professional Geologist
| ||||||
21 | licensed professional geologist who originally signed and | ||||||
22 | sealed the
professional work products.
| ||||||
23 | (Source: P.A. 89-366, eff. 7-1-96 .)
| ||||||
24 | (225 ILCS 745/65)
| ||||||
25 | (Section scheduled to be repealed on January 1, 2016)
|
| |||||||
| |||||||
1 | Sec. 65. Expiration and renewal of license and Geologist | ||||||
2 | Intern enrollment . The expiration date and
renewal period for | ||||||
3 | each license and Geologist Intern enrollment shall be set by | ||||||
4 | rule. A Licensed Professional Geologist
professional geologist | ||||||
5 | whose license has expired or a Geologist Intern whose | ||||||
6 | enrollment has expired may reinstate
his or her license or | ||||||
7 | enrollment at any time within 5 years after the
expiration | ||||||
8 | thereof, by making a renewal application and by paying the | ||||||
9 | required
fee. However, any Licensed Professional Geologist | ||||||
10 | professional geologist whose license expired or any Geologist | ||||||
11 | Intern whose enrollment expired
while he or she was (i) on | ||||||
12 | active duty with the Armed Forces of the United
States or | ||||||
13 | called into service or training by the State militia or (ii) in
| ||||||
14 | training or education under the supervision of the United | ||||||
15 | States preliminary to
induction into the military service, may | ||||||
16 | have his or her Licensed Professional Geologist professional | ||||||
17 | geologist
license or Geologist Intern enrollment renewed, | ||||||
18 | reinstated, or restored without paying any
lapsed renewal fees | ||||||
19 | if within 2 years after termination of the service,
training, | ||||||
20 | or education the Licensed Professional Geologist or Geologist | ||||||
21 | Intern professional geologist furnishes the Department with
| ||||||
22 | satisfactory evidence of service, training, or education and | ||||||
23 | that it has been
terminated under honorable conditions.
| ||||||
24 | Any professional geologist whose Licensed Professional | ||||||
25 | Geologist license has expired for more
than 5 years may have it | ||||||
26 | restored by making application to the Department,
paying the |
| |||||||
| |||||||
1 | required fee, and
filing acceptable proof of fitness to have | ||||||
2 | the license restored.
The proof may include sworn evidence | ||||||
3 | certifying active practice in another
jurisdiction.
If the | ||||||
4 | geologist
has not practiced for 5 years or more, the Board | ||||||
5 | shall determine by an
evaluation program established by rule, | ||||||
6 | whether that individual is fit to
resume active status as a | ||||||
7 | Licensed Professional Geologist. The Board and may require the | ||||||
8 | professional geologist to complete a
period of
evaluated | ||||||
9 | professional experience and may require successful
completion | ||||||
10 | of an examination.
| ||||||
11 | The Department may refuse to issue or may suspend the | ||||||
12 | license or enrollment of any person
who fails to file a tax | ||||||
13 | return, or to pay the tax, penalty , or interest shown in a
| ||||||
14 | filed return, or to pay any final assessment of tax, penalty, | ||||||
15 | or interest, as
required by any tax Act administered by the | ||||||
16 | Illinois Department of Revenue,
until such time as the | ||||||
17 | requirements of any such tax Act are satisfied.
| ||||||
18 | (Source: P.A. 89-366, eff. 7-1-96; 90-61, eff. 12-30-97 .)
| ||||||
19 | (225 ILCS 745/70) | ||||||
20 | (Section scheduled to be repealed on January 1, 2016) | ||||||
21 | Sec. 70. Fees. | ||||||
22 | (a) Except as provided in subsection (b), the fees for the
| ||||||
23 | administration and enforcement of this Act, including but not | ||||||
24 | limited to
original licensure or enrollment , renewal, and | ||||||
25 | restoration fees, shall be set by the
Department by rule. The |
| |||||||
| |||||||
1 | fees
shall not be refundable. | ||||||
2 | (b) Applicants for examination shall be required to pay, | ||||||
3 | either to the
Department or the designated testing service, a | ||||||
4 | fee covering the cost of
initial screening to determine the | ||||||
5 | applicant's eligibility and the cost of providing one or both | ||||||
6 | parts of the
examination. Failure to appear for the examination | ||||||
7 | on the scheduled date at
the time and place specified after the | ||||||
8 | applicant's application for examination
has been received and | ||||||
9 | acknowledged by the Department or the designated testing
| ||||||
10 | service shall result in the forfeiture of the examination fee. | ||||||
11 | (c) All fees and other monies collected under this Act | ||||||
12 | shall be deposited
in the General Professions Dedicated Fund. | ||||||
13 | (Source: P.A. 89-366, eff. 7-1-96 .) | ||||||
14 | (225 ILCS 745/75) | ||||||
15 | (Section scheduled to be repealed on January 1, 2016) | ||||||
16 | Sec. 75. Returned checks; fines. Any person who delivers a | ||||||
17 | check or
other payment to the Department that is returned to | ||||||
18 | the Department unpaid by
the financial institution upon which | ||||||
19 | it is drawn shall pay to the Department,
in addition to the | ||||||
20 | amount already owed to the Department, a fine of $50. The fines | ||||||
21 | imposed by this Section
are in addition to any other discipline | ||||||
22 | provided under this Act for unlicensed
practice or practice on | ||||||
23 | a nonrenewed license. The Department
shall notify the person | ||||||
24 | that payment of fees and fines shall be paid to the
Department | ||||||
25 | by certified check or money order within 30 calendar days of |
| |||||||
| |||||||
1 | the
notification. If, after the expiration of 30 calendar days | ||||||
2 | from the date of the
notification, the person has failed to | ||||||
3 | submit the necessary remittance, the
Department shall | ||||||
4 | automatically terminate the license or deny the
application, | ||||||
5 | without hearing. If, after termination or denial, the person
| ||||||
6 | seeks a license to practice as a Licensed Professional | ||||||
7 | Geologist , he or she shall apply to the Department for
| ||||||
8 | restoration or issuance of the license and pay all fees and
| ||||||
9 | fines due to the Department. The Department may establish a fee | ||||||
10 | for the
processing of an application for restoration of a | ||||||
11 | license or Geologist Intern enrollment to pay
all expenses of | ||||||
12 | processing this application. The Director may waive the fines
| ||||||
13 | due under this Section in individual cases where the Director | ||||||
14 | finds that the
fines would be unreasonable or unnecessarily | ||||||
15 | burdensome. | ||||||
16 | (Source: P.A. 92-146, eff. 1-1-02 .) | ||||||
17 | (225 ILCS 745/80) | ||||||
18 | (Section scheduled to be repealed on January 1, 2016) | ||||||
19 | Sec. 80. Disciplinary actions. | ||||||
20 | (a) The Department may refuse to issue or renew, or may | ||||||
21 | revoke, suspend,
place on probation, reprimand, or take other | ||||||
22 | disciplinary action as the
Department may deem appropriate, | ||||||
23 | including fines not to exceed $5,000 for each
violation, with | ||||||
24 | regard to any license for any one or combination of the
| ||||||
25 | following: |
| |||||||
| |||||||
1 | (1) Material misstatement in furnishing information to | ||||||
2 | the Department. | ||||||
3 | (2) Violations of this Act, or of the rules promulgated | ||||||
4 | under this Act. | ||||||
5 | (3) Conviction of any crime under the laws of the | ||||||
6 | United States or any
state or territory of the United | ||||||
7 | States that is a felony or that is a
misdemeanor, an | ||||||
8 | essential element of which is dishonesty, or of any crime | ||||||
9 | that
is directly related to the practice of the profession. | ||||||
10 | (4) Making any misrepresentation for the purpose of | ||||||
11 | obtaining licensure or
violating any provision of this Act | ||||||
12 | or the rules promulgated under this Act
pertaining to | ||||||
13 | advertising. | ||||||
14 | (5) Professional incompetence. | ||||||
15 | (6) Gross malpractice. | ||||||
16 | (7) Aiding or assisting another person in violating any | ||||||
17 | provision of this
Act or rules promulgated under this Act. | ||||||
18 | (8) Failing, within 60 days, to provide information in | ||||||
19 | response to a
written request made by the Department. | ||||||
20 | (9) Engaging in dishonorable, unethical, or | ||||||
21 | unprofessional conduct of a
character likely to deceive, | ||||||
22 | defraud, or harm the public. | ||||||
23 | (10) Habitual or excessive use or addiction to alcohol, | ||||||
24 | narcotics,
stimulants, or any other chemical agent or drug | ||||||
25 | that results in the inability
to practice with reasonable | ||||||
26 | judgment, skill, or safety. |
| |||||||
| |||||||
1 | (11) Discipline by another state, the District of | ||||||
2 | Columbia, a territory of the United States , or
a foreign | ||||||
3 | nation, if at least one of the grounds for the discipline | ||||||
4 | is the same
or substantially equivalent to those set forth | ||||||
5 | in this Section. | ||||||
6 | (12) Directly or indirectly giving to or receiving from | ||||||
7 | any person, firm,
corporation, partnership, or association | ||||||
8 | any fee, commission, rebate or other
form of compensation | ||||||
9 | for professional services not actually or personally
| ||||||
10 | rendered. | ||||||
11 | (13) A finding by the Department that the licensee, | ||||||
12 | after having his or
her license
placed on probationary | ||||||
13 | status, has violated the terms of probation. | ||||||
14 | (14) Willfully making or filing false records or | ||||||
15 | reports in his or her
practice,
including but not limited | ||||||
16 | to, false records filed with State agencies or
departments. | ||||||
17 | (15) Physical illness, including but not limited to, | ||||||
18 | deterioration through
the aging process, or loss of motor | ||||||
19 | skill that results in the inability to
practice the | ||||||
20 | profession with reasonable judgment, skill, or safety. | ||||||
21 | (16) Solicitation of professional services other than | ||||||
22 | permitted
advertising. | ||||||
23 | (17) Conviction of or cash compromise of a charge or | ||||||
24 | violation of
the Illinois Controlled Substances Act | ||||||
25 | regulating narcotics. | ||||||
26 | (18) Failure to (i) file a tax return, (ii) pay the |
| |||||||
| |||||||
1 | tax, penalty, or interest
shown in a filed return, or (iii) | ||||||
2 | pay any final assessment of tax, penalty, or
interest, as | ||||||
3 | required by any tax Act administered by the Illinois | ||||||
4 | Department of
Revenue, until the requirements of that tax | ||||||
5 | Act are satisfied. | ||||||
6 | (19) Conviction by any court of competent | ||||||
7 | jurisdiction, either within or
outside this State, of any | ||||||
8 | violation of any law governing the practice of
professional | ||||||
9 | geology, if the Department determines, after | ||||||
10 | investigation, that
the person has not been sufficiently | ||||||
11 | rehabilitated to warrant the public trust. | ||||||
12 | (20) Gross, willful, or continued overcharging for | ||||||
13 | professional services,
including filing false statements | ||||||
14 | for collection of fees for which services are
not rendered. | ||||||
15 | (21) Practicing under a false or, except as provided by | ||||||
16 | law, an assumed
name. | ||||||
17 | (22) Fraud or misrepresentation in applying for, or | ||||||
18 | procuring, a license
to practice as a Licensed Professional | ||||||
19 | Geologist under this Act or in connection with applying for | ||||||
20 | renewal of a license under
this Act. | ||||||
21 | (23) Cheating on or attempting to subvert the licensing | ||||||
22 | examination
administered under this Act. | ||||||
23 | (b) The determination by a circuit court that a licensee is | ||||||
24 | subject to
involuntary admission or judicial admission as | ||||||
25 | provided in the Mental Health
and Developmental Disabilities | ||||||
26 | Code operates as an automatic suspension. The
suspension will |
| |||||||
| |||||||
1 | end only upon a finding by a court that the licensee is no
| ||||||
2 | longer subject to the involuntary admission or judicial | ||||||
3 | admission and issues an
order so finding and discharging the | ||||||
4 | licensee; and upon the recommendation of
the Board to the | ||||||
5 | Director that the licensee be allowed to
resume his or her | ||||||
6 | practice. | ||||||
7 | (Source: P.A. 89-366, eff. 7-1-96 .) | ||||||
8 | (225 ILCS 745/85) | ||||||
9 | (Section scheduled to be repealed on January 1, 2016) | ||||||
10 | Sec. 85. Injunctive action; cease and desist order. | ||||||
11 | (a) If any person violates the provisions of this Act, the | ||||||
12 | Director, in the
name of the People of the State of Illinois, | ||||||
13 | through the Attorney General or
the State's Attorney of the | ||||||
14 | county in which the violation is alleged to have
occurred, may | ||||||
15 | petition for an order enjoining the violation or for an order
| ||||||
16 | enforcing compliance with this Act. Upon the filing of a | ||||||
17 | verified petition, the
court with appropriate jurisdiction may | ||||||
18 | issue a temporary restraining order,
without notice or bond, | ||||||
19 | and may preliminarily and permanently enjoin the
violation. If | ||||||
20 | it is established that the person has violated or is violating
| ||||||
21 | the injunction, the court may punish the offender for contempt | ||||||
22 | of court.
Proceedings under this Section are in addition to, | ||||||
23 | and not in lieu of, all
other remedies and penalties provided | ||||||
24 | by this Act. | ||||||
25 | (b) If a person practices as a Licensed Professional |
| |||||||
| |||||||
1 | Geologist licensed professional geologist or holds
himself or | ||||||
2 | herself out as a Licensed Professional Geologist licensed | ||||||
3 | professional geologist in Illinois,
without being
licensed to | ||||||
4 | do so under this Act, then any
Licensed Professional Geologist | ||||||
5 | licensed professional geologist , interested party, or any | ||||||
6 | person injured
thereby may
petition for relief as provided in | ||||||
7 | subsection (a) of this Section. | ||||||
8 | (c) Whenever, in the opinion of the Department, a person | ||||||
9 | violates any
provision of this Act, the Department may issue a | ||||||
10 | rule to show cause why an
order to cease and desist should not | ||||||
11 | be entered against that person. The rule
shall clearly set | ||||||
12 | forth the grounds relied upon by the Department and shall
allow
| ||||||
13 | at least 7 days from the date of the rule to file an answer | ||||||
14 | satisfactory to the
Department. Failure to
answer to the | ||||||
15 | satisfaction of the Department shall cause an order to cease | ||||||
16 | and
desist to be issued. | ||||||
17 | (Source: P.A. 89-366, eff. 7-1-96 .) | ||||||
18 | (225 ILCS 745/90) | ||||||
19 | (Section scheduled to be repealed on January 1, 2016) | ||||||
20 | Sec. 90. Investigations; notice and hearing. The | ||||||
21 | Department may
investigate the actions of any applicant or of | ||||||
22 | any person or persons rendering
or offering to render | ||||||
23 | geological services or any person holding or
claiming to hold a | ||||||
24 | license as a Licensed Professional Geologist licensed | ||||||
25 | professional geologist . The
Department shall, before revoking, |
| |||||||
| |||||||
1 | suspending, placing on probation,
reprimanding, or taking any | ||||||
2 | other disciplinary action under Section 80 of this
Act, at | ||||||
3 | least 30 days before the date set for the hearing, (i) notify | ||||||
4 | the
accused in writing of the charges made and the time and | ||||||
5 | place for the hearing
on the charges, (ii) direct him or her to | ||||||
6 | file a written answer to the charges
with the Board under oath | ||||||
7 | within 20 days after the service on him or her of the
notice, | ||||||
8 | and (iii) inform the accused that, if he or she fails to | ||||||
9 | answer,
default will be taken against him or her or that his or | ||||||
10 | her license may be
suspended, revoked, placed on probationary | ||||||
11 | status, or other disciplinary action
taken with regard to the | ||||||
12 | license, including limiting the scope, nature, or
extent
of his | ||||||
13 | or her practice, as the Department may consider proper. At the | ||||||
14 | time and
place fixed in the notice, the Board shall proceed to | ||||||
15 | hear the charges and the
parties or their counsel shall be | ||||||
16 | accorded ample opportunity to present any
pertinent | ||||||
17 | statements, testimony, evidence, and arguments. The Board may
| ||||||
18 | continue the hearing from time to time. In case the person, | ||||||
19 | after receiving
the notice, fails to file an answer, his or her | ||||||
20 | license may, in the discretion
of the Department, be suspended, | ||||||
21 | revoked, placed on probationary status, or the
Department may | ||||||
22 | take whatever disciplinary action considered proper, including
| ||||||
23 | limiting the scope, nature, or extent of the person's practice | ||||||
24 | or the
imposition
of a fine, without a hearing, if the act or | ||||||
25 | acts charged constitute sufficient
grounds for that action | ||||||
26 | under this Act. The written notice may be served by
personal |
| |||||||
| |||||||
1 | delivery or by certified mail to the address specified by the | ||||||
2 | accused
in
his
or her last notification with the Department. | ||||||
3 | (Source: P.A. 89-366, eff. 7-1-96 .) | ||||||
4 | (225 ILCS 745/110) | ||||||
5 | (Section scheduled to be repealed on January 1, 2016) | ||||||
6 | Sec. 110. Findings and recommendations. At the conclusion | ||||||
7 | of the hearing,
the Board shall present to the Director a | ||||||
8 | written report of its findings of
fact, conclusions of law, and | ||||||
9 | recommendations. The report shall contain a
finding whether or | ||||||
10 | not the accused person violated this Act or its rules or
failed | ||||||
11 | to comply with the conditions required in this Act or its | ||||||
12 | rules. The
Board shall specify the nature of any violations or | ||||||
13 | failure to comply and shall
make its recommendations to the | ||||||
14 | Director. In making recommendations for any
disciplinary | ||||||
15 | actions, the Board may take into consideration all facts and
| ||||||
16 | circumstances bearing upon the reasonableness of the conduct of | ||||||
17 | the accused
and the potential for future harm to the public, | ||||||
18 | including but not limited to
previous discipline of the accused | ||||||
19 | by the Department, intent, degree of harm to
the public and | ||||||
20 | likelihood of harm in the future, any restitution made by the
| ||||||
21 | accused, and whether the incident or incidents contained in the | ||||||
22 | complaint
appear to be isolated or represent a continuing | ||||||
23 | pattern of conduct. In making
its recommendations for | ||||||
24 | discipline, the Board shall endeavor to ensure that the
| ||||||
25 | severity of the discipline recommended is reasonably related to |
| |||||||
| |||||||
1 | the severity of
the violation. | ||||||
2 | The report of findings of fact, conclusions of law, and | ||||||
3 | recommendation of the
Board shall be the basis for the | ||||||
4 | Department's order refusing to issue, restore,
or renew a | ||||||
5 | person's license to practice as a Licensed Professional | ||||||
6 | Geologist , or otherwise disciplining a licensee. If the | ||||||
7 | Director
disagrees with the recommendations of the Board, the | ||||||
8 | Director may issue an
order in contravention of the Board | ||||||
9 | recommendations. The Director shall
provide a written report to | ||||||
10 | the Board on any disagreement and shall specify the
reasons for | ||||||
11 | the action in the final order. The finding is not admissible in
| ||||||
12 | evidence against the person in a criminal prosecution brought | ||||||
13 | for a violation
of this Act, but the hearing and finding are | ||||||
14 | not a bar to a criminal
prosecution brought for a violation of | ||||||
15 | this Act. | ||||||
16 | (Source: P.A. 89-366, eff. 7-1-96 .) | ||||||
17 | (225 ILCS 745/120) | ||||||
18 | (Section scheduled to be repealed on January 1, 2016) | ||||||
19 | Sec. 120. Director; rehearing. Whenever the Director | ||||||
20 | believes that
justice has not been done in the revocation, | ||||||
21 | suspension, or refusal to issue,
restore, or renew a person's | ||||||
22 | license to practice as a Licensed Professional Geologist , or | ||||||
23 | other discipline of an applicant or licensee,
he or she may | ||||||
24 | order a rehearing by the same or other examiners. | ||||||
25 | (Source: P.A. 89-366, eff. 7-1-96 .) |
| |||||||
| |||||||
1 | (225 ILCS 745/125) | ||||||
2 | (Section scheduled to be repealed on January 1, 2016) | ||||||
3 | Sec. 125. Appointment of a hearing officer. The Director | ||||||
4 | has the
authority to appoint any attorney licensed to practice | ||||||
5 | law in the State of
Illinois to serve as the hearing officer in | ||||||
6 | any action for refusal to issue,
restore, or renew a person's | ||||||
7 | license to practice as a Licensed Professional Geologist or to | ||||||
8 | discipline a licensee. The hearing officer
has full authority | ||||||
9 | to conduct the hearing. At least one member of the Board
shall | ||||||
10 | attend each hearing. The hearing officer shall report his or | ||||||
11 | her
findings of fact, conclusions of law, and recommendations | ||||||
12 | to the Board and the
Director. The Board shall have 60 calendar | ||||||
13 | days from receipt of the report to
review the report of the | ||||||
14 | hearing officer and present its findings of fact,
conclusions | ||||||
15 | of law, and recommendations to the Director. If the Board does | ||||||
16 | not
present its report within the 60-day period, the Director | ||||||
17 | may issue an order
based on the report of the hearing officer. | ||||||
18 | If the Director disagrees with
the recommendation of the Board | ||||||
19 | or of the hearing officer, the Director may
issue an order in | ||||||
20 | contravention of the
recommendation. The Director shall | ||||||
21 | promptly provide a written report to the
Board on any | ||||||
22 | deviation, and shall specify the reasons for the action in the
| ||||||
23 | final order. | ||||||
24 | (Source: P.A. 89-366, eff. 7-1-96 .) |
| |||||||
| |||||||
1 | (225 ILCS 745/135) | ||||||
2 | (Section scheduled to be repealed on January 1, 2016) | ||||||
3 | Sec. 135. Restoration of suspended or revoked license. At | ||||||
4 | any time after
the suspension or revocation of a person's | ||||||
5 | license to practice as a Licensed Professional Geologist , the | ||||||
6 | Department may restore it to
the licensee, upon the written | ||||||
7 | recommendation of the Board, unless after an
investigation and | ||||||
8 | a hearing the Board determines that restoration is not in
the | ||||||
9 | public interest. | ||||||
10 | (Source: P.A. 89-366, eff. 7-1-96 .) | ||||||
11 | (225 ILCS 745/140) | ||||||
12 | (Section scheduled to be repealed on January 1, 2016) | ||||||
13 | Sec. 140. Surrender of license. Upon the revocation or | ||||||
14 | suspension of a
person's license to practice as a Licensed | ||||||
15 | Professional Geologist , the licensee shall immediately | ||||||
16 | surrender his or her license to the
Department and the | ||||||
17 | licensee's name and address shall be added to the list of | ||||||
18 | individuals whose licenses have been revoked, suspended, or | ||||||
19 | denied renewal for cause . If the licensee fails to surrender | ||||||
20 | his or her license do so , the Department has the right to
seize | ||||||
21 | the license. | ||||||
22 | (Source: P.A. 89-366, eff. 7-1-96 .) | ||||||
23 | (225 ILCS 745/145) | ||||||
24 | (Section scheduled to be repealed on January 1, 2016) |
| |||||||
| |||||||
1 | Sec. 145. Summary suspension of a license. The Director may | ||||||
2 | summarily
suspend the license of a Licensed Professional | ||||||
3 | Geologist licensed professional geologist without a hearing,
| ||||||
4 | simultaneously with the institution of proceedings for a | ||||||
5 | hearing provided for
in Section 90 of this Act, if the Director | ||||||
6 | finds that evidence in the
Director's possession indicates that | ||||||
7 | the continuation of practice by a
Licensed Professional | ||||||
8 | Geologist licensed professional geologist would constitute an | ||||||
9 | imminent danger to the
public. In the event that the Director | ||||||
10 | summarily suspends the license of a
Licensed Professional | ||||||
11 | Geologist licensed professional geologist without a hearing, a | ||||||
12 | hearing must be
commenced within 30 days after the suspension | ||||||
13 | has occurred and concluded as
expeditiously as practical. | ||||||
14 | (Source: P.A. 89-366, eff. 7-1-96 .) | ||||||
15 | (225 ILCS 745/160) | ||||||
16 | (Section scheduled to be repealed on January 1, 2016) | ||||||
17 | Sec. 160. Violations. | ||||||
18 | (a) Using or attempting to use an expired license is a | ||||||
19 | Class A misdemeanor. | ||||||
20 | (b) Each of the following acts is a Class A misdemeanor for | ||||||
21 | the first
offense and a Class 4 felony for a second or | ||||||
22 | subsequent offense: | ||||||
23 | (1) A violation of any provision of this Act or its | ||||||
24 | rules, except as noted
in subsection (a) of this Section. | ||||||
25 | (2) The making of any wilfully false oath or |
| |||||||
| |||||||
1 | affirmation in any matter or
proceeding where an oath or | ||||||
2 | affirmation is required by this Act. | ||||||
3 | (3) Using or attempting to use an inactive, suspended, | ||||||
4 | or revoked license
or the license or seal of another, or | ||||||
5 | impersonating another licensee, or
practicing geology as a | ||||||
6 | Licensed Professional Geologist licensed professional | ||||||
7 | geologist in Illinois while
one's license is inactive, | ||||||
8 | suspended, or revoked. | ||||||
9 | (4) The practice, attempt to practice, or offer to | ||||||
10 | practice professional
geology in Illinois without a | ||||||
11 | license as a Licensed Professional Geologist licensed | ||||||
12 | professional geologist .
Each day of practicing | ||||||
13 | professional geology or attempting to practice
| ||||||
14 | professional geology, and each instance of offering to | ||||||
15 | practice professional
geology, without a license as a | ||||||
16 | Licensed Professional Geologist licensed professional | ||||||
17 | geologist constitutes a
separate offense. | ||||||
18 | (5) Advertising or displaying any sign or card or other | ||||||
19 | device that might
indicate to the public that the person or | ||||||
20 | entity is entitled to practice as a
Licensed Professional | ||||||
21 | Geologist licensed professional geologist , unless that | ||||||
22 | person holds an active license
as a Licensed Professional | ||||||
23 | Geologist licensed professional geologist in the State of | ||||||
24 | Illinois. | ||||||
25 | (6) Obtaining or attempting to obtain a license by | ||||||
26 | fraud. |
| |||||||
| |||||||
1 | (Source: P.A. 89-366, eff. 7-1-96 .)
| ||||||
2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
|