SB0137 96TH GENERAL ASSEMBLY

LRB096 04617 ASK 14674 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0137

Introduced 1/30/2009, by Sen. Louis S. Viverito

SYNOPSIS AS INTRODUCED:

New Act
5 ILCS 80/4.29

Creates the Electricians Licensing Act. Provides for the regulation of electricians and electrical contractors by the Department of Labor. Sets forth powers and duties of the Director of Labor, licensure requirements, grounds for discipline, penalties for violation of the Act, and administrative procedure. Establishes the Illinois State Board of Electrical Examiners. Provides for concurrent exercise by home rule units. Amends the Regulatory Sunset Act to set a repeal date for the new Act of January 1, 2019. Effective January 1, 2010.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Electricians Licensing Act.

Section 5. Purpose and policy. It has been established by documented evidence that improper electrical wiring can adversely affect the well being of the public. Improper electrical wiring can cause fires due to short circuits and overloading of protection devices. Faulty wiring is potentially lethal and can cause widespread fires with disastrous consequences to persons and property. To protect the health of the public, it is essential that electrical wiring be installed by persons who have proven their skill in installing electrical wiring.

Consistent with its duty to safeguard the health of the people of this State, the General Assembly declares that individuals who plan, inspect, install, alter, extend, repair, and maintain electrical wiring systems shall be individuals of proven skill. Further, the General Assembly declares that a guide for minimum control of electrical materials and equipment, the design of electrical systems, and the construction and installation methods of electrical systems is essential for the protection of public health. In order to insure proper electrical wiring practice, this Act provides for the licensing of electricians and electrical contractors and for the adoption of the National Electrical Code as standards by the Department. This Act is therefore declared to be essential to the public interest.

Section 10. Definitions. As used in this Act:

"Approved apprenticeship program" means an apprenticeship program approved by the United States Department of Labor Bureau of Apprenticeship and Training.

"Board" means the Illinois State Board of Electrical Examiners.

"Department" means the Illinois Department of Labor.

"Director" means the Director of Labor.

"Electrical contractor" means a person, firm, or corporation operating a business that undertakes or offers to undertake to plan for, lay out, supervise, or install or to make additions, alterations, maintenance, or repairs in the installation of wiring, apparatus or equipment for electric light, heat, or power with or without compensation and who is licensed as an electrical contractor by the Department of Labor. An electrical contractor's license does not of itself qualify its holder to perform the electrical work authorized by holding any class of electrician's license.

"Electrical work" means the wiring, installation, maintenance, and repair of electrical wiring, apparatus, and equipment and the planning, laying out, and supervision of the installation, maintenance, and repair of such wiring, apparatus, and equipment for electric heat, light, and power.

"Electrical work" means the wiring, installation, maintenance, and repair of electrical wiring, apparatus, and equipment and the planning, laying out, and supervision of the installation, maintenance, and repair of such wiring, apparatus, and equipment for electric heat, light, and power.

"Journeyman electrician" means a person having the necessary qualifications, training, experience, and technical knowledge to wire for, install, maintain, and repair electrical wiring, apparatus, and equipment who is licensed as a journeyman electrician by the Department of Labor.

"Master electrician" means a person having the necessary qualifications, training, experience, and technical knowledge to install, maintain, and repair and to properly plan, lay out, and supervise the installation of wiring, apparatus, and equipment for electric light, heat, power, and other purposes who is licensed as a master electrician by the Department of Labor.

"Owner" means a natural person who physically performs electrical work on premises the person owns and actually occupies as a single family residence or owns and will occupy as a single family residence upon completion of construction.

"Registered apprentice" means a person registered with the Department of Labor, who is learning the trade under the supervision of a licensed electrician.

"Residential electrician" means a person having the necessary qualifications, training, experience, and technical knowledge involving the construction, wiring, alteration, maintenance, or repair of single family houses or apartment buildings and who is licensed as a residential electrician by the Department of Labor.

"Supervision" means that any new electrical work done by a registered apprentice electrician must be inspected at least once after initial rough-in and once upon completion by an Illinois licensed electrician. In addition, all renovation, alteration, repair, extension, modification, and maintenance work done by a registered apprentice electrician on an existing electrical system must be approved by an Illinois licensed electrician.

Section 15. Exemptions.

(a) Employees of, or independent contractors performing work for, any electric utility or electric utility affiliate, or communications or railway utility or any electric system owned and operated by a municipal corporation or unit of local government (notwithstanding any other provision of this Act), electric cooperative as defined in Section 3.4 of the Electric Supplier Act, telephone or telecommunications cooperative as defined in Section 13-212 of the Public Utilities Act, or a telephone company shall not be required to hold a license while performing work on installations, materials, or equipment that are owned or leased, operated, and maintained by the electric utility or electric utility affiliate, communications or railway utility, electric system owned and operated by a municipal corporation or unit of local government, electric, telephone, or telecommunications cooperative, or telephone company in the exercise of its utility or telephone function, and that (i) are used exclusively for the generation, transformation, distribution, transmission, or metering of electric current, or the operation of railway signals, or the transmission of intelligence and do not have as a principal function the consumption or use of electric current by or for the benefit of any person other than the electric utility or electric utility affiliate, communications or railway utility, electric system owned and operated by a municipal corporation or unit of local government, electric, telephone, or telecommunications cooperative, or telephone company and (ii) are generally accessible only to employees of the electric utility or electric utility affiliate, communications or railway utility, electric system owned and operated by a municipal corporation or unit of local government, electric, telephone, or telecommunications cooperative, or telephone company or persons acting under its control or direction. Persons performing work subcontracted out to an electrical or construction contractor, however, must be in compliance with the licensure requirements of this Act.

(b) An owner shall not be required to hold a license under this Act. Nevertheless, electrical work performed by an owner shall comply with the minimum standards contained in the National Electrical Code and shall be subject to inspection by the Department. An owner shall not employ anyone other than an electrician licensed under this Act to assist him or her.

(c) Any city, village, or incorporated town having a population of 500,000 or more may, by an ordinance containing provisions substantially the same as those in this Act and specifying educational or experience requirements equivalent to those prescribed in the Act, provide for a board of electrical examiners to conduct examinations for, and to issue, suspend, or revoke, electricians' licenses within the city, village, or incorporated town. Upon the enactment of such an ordinance, the provisions of this Act shall not apply within that municipality except as otherwise provided in this Act. Any person licensed as an electrician under a local ordinance, or licensed by the Department under this Act, may engage in electrical wiring installation anywhere in this State.

(d) Nothing in this Act shall be construed to prevent an owner or operator of a farm or his or her employees from installing, making additions to, altering, maintaining, or repairing wiring, apparatus, or equipment for electric light, heat, or power on the farm that he or she owns or operates. For purposes of this subsection, "farm" means land or a building appurtenant to land that is used for an agricultural purpose or for a purpose accessory to an agriculture purpose.

(e) Employees of a manufacturing corporation that engage in activities normally requiring licensure under this Act are exempt when such activities are incidental to the operation or maintenance of its existing business and facilities. A manufacturing corporation that is involved in new construction that results in the expansion of its business and facilities must utilize licensed electricians for any associated electrical work.

(f) The minor repair of existing electrical systems does not require licensure under this Act. For the purposes of this subsection, "minor repair" means repairs to existing electrical systems that do not require a permit to be issued under any local ordinance.

(g) Elevator construction does not require licensure under this Act.

Section 20. Board of Electrical Examiners. There is created the Illinois State Board of Electrical Examiners which shall exercise its duties provided in this Act under the supervision of the Department of Labor. The Board shall consist of 11 members appointed by the Director of Labor. The Board shall be composed of 3 licensed master electricians, 3 licensed electrical contractors who are members of the National Electrical Contractors Association, one licensed electrical engineer, one electrical inspector who holds a master or journeyman electrician's license, one representative of a public utility, the State Fire Marshal, and a licensed real estate professional. In making the appointments to the Board, the Director shall consider the recommendations of individuals, firms, or organizations involved in electrical wiring installation in this State. The Director shall also take into consideration the minority representation in the population when making appointments to the Board. Members of the Board shall serve 4-year terms and until their successors are appointed and qualified. The initial appointments, however, shall be as follows: 3 members for terms of 2 years, 3 members for 3 years, and 4 members for 4 years. The State Fire Marshal's service on the Board shall be continuous. Board members shall receive no compensation but shall be reimbursed for expenses incurred in connection with their duties as Board members.

Section 25. Powers and duties of the Director. The Director shall take all actions necessary under this Act to carry out the duties and responsibilities of the Department under this Act. The Director, with the assistance of the Board, shall:

(1) prepare and issue licenses and provide for registration as provided in this Act;

(2) prescribe rules and regulations for examination of applicants for master, journeyman, and residential licenses;

(3) prepare and give uniform examinations to applicants for master, journeyman, and residential licenses that shall test their knowledge and qualifications in the planning and design of electrical systems, their knowledge, qualifications, and manual skills in electrical installations, and their knowledge of the National Electrical Code relating to materials, design, and installation of methods of electrical systems;

(4) issue electrical contractor and master, journeyman, and residential licenses and license renewals to applicants who have met the requirements for licensure and complied with all the prerequisites to licensure;

(5) prescribe rules for hearings to deny, suspend, revoke, or reinstate licenses as provided in this Act;

(6) maintain a current record showing (i) the names and addresses of licensed electrical contractors, master, journeyman, and residential electricians, and registered apprentices; (ii) the dates of issuance of licenses; (iii) the date and substance for the charges set forth in any hearing for denial, suspension, or revocation of any license; (iv) the date and substance of the final order issued upon a hearing; and (v) the date and substance of all petitions for reinstatement of license and final orders on petitions;

(7) establish and collect fees for the examination, issuance, and renewal of licenses;

(8) provide for the inspection of new electrical installations in construction, remodeling, replacement, maintenance, and repair work, where required by this Act;

(9) establish and collect fees for the handling and inspection of new electrical installations; and

(10) formulate and publish rules necessary or appropriate to carrying out the provisions of this Act.

Section 30. License and registration.

(a) Master electrician. Except as otherwise provided by law, no person shall plan, install, repair, maintain, lay out, or supervise the installation of wiring, apparatus, or equipment for electrical light, heat, power, or other purposes unless the person is:

(1) licensed by the Department as a master electrician; and

(2) the work is for a licensed electrical contractor and the person is the licensed electrical contractor or an employee, partner, or officer of the licensed electrical contractor, or the work is performed for the person's employer on electrical equipment, apparatus, or facilities owned or leased by the employer that is located within the limits of property owned or leased, operated, and maintained by the employer.

An applicant for a master electrician's license shall (i) have a Bachelor of Science degree from an accredited electrical engineering program and have had at least one year's experience, acceptable to the Board, as a licensed journeyman; (ii) have had at least 5 years experience, acceptable to the Board, in planning for, laying out, supervising, and installing wiring, apparatus, or equipment for electrical light, heat, and power; or (iii) have had at least 6 years experience, acceptable to the Board, with an electrical contracting company in planning, estimating, laying out, and supervising, under the supervision of a licensed master electrician, the installation of electrical work for electric light, heat, and power.

(b) Journeyman electrician. Except as otherwise provided by law, no person shall wire for, install, maintain, or repair electrical wiring, apparatus, or equipment, unless the person is licensed by the Department as a journeyman electrician employed by a licensed electrical contractor. Nothing in this subsection (b), however, shall prohibit a master electrician from performing the work of a journeyman electrician.

An applicant for a journeyman electrician's license shall have had at least 5 years of experience, acceptable to the Board, in wiring for, installing, and repairing electrical wiring, apparatus, or equipment. The Department may by rule provide for the allowance of one year of experience credit for successful completion of a 2 year post high school electrical course approved by the Board.

(c) Registered apprentice. A person who is enrolled in an approved apprenticeship program may perform electrical work only under the supervision of a licensed electrician. All apprentices shall be registered with the Department.

(d) Residential electrician. Except as otherwise provided by law, no person shall construct, wire, alter, maintain, or repair single family houses or apartment buildings unless the person is licensed by the Department as a residential electrician employed by a licensed electrical contractor. Nothing in this subsection (d), however, shall prohibit a master electrician or journeyman electrician from performing the work of a residential electrician.

An applicant for a residential electrician's license shall have had at least 4 years of experience, acceptable to the Board, in having the necessary qualifications, training, and technical knowledge involving the construction, wiring, alteration, or repair of single family houses or apartment buildings. The Department may by rule provide for the allowance of one year of experience credit for successful completion of a 2 year post high school electrical course approved by the Board.

(e) Contractors. Except as otherwise provided by law, no person other than an employee of a licensed electrical contractor as defined in this Act shall undertake or offer to undertake to plan for, lay out, supervise, or install or to make additions, alterations, or repairs in the installation of, or to maintain, wiring apparatus and equipment for electrical light, heat, or power with or without compensation unless the person obtains an electrical contractor's license. An electrical contractor's license shall be issued by the Department upon the contractor's giving bond to the State in an amount to be determined by the Department. The bond shall be filed with the Department and shall be in lieu of all other license bonds to any political subdivision. The bond shall be written by a corporate surety licensed to do business in the State of Illinois.

Each licensed electrical contractor shall have and maintain in effect insurance. Specific insurance requirements and minimum limits per occurrence shall be determined by the Department in consultation with the Board. The insurance shall be written by an insurer licensed to do business in the State of Illinois and each licensed electrical contractor shall maintain on file with the Department a certificate evidencing insurance that provides that the insurance shall not be cancelled without the insurer first giving 15 days written notice to the Department of the cancellation.

No contractor shall engage in business unless he or she is or has in his or her employ a licensed master electrician, who shall be responsible for the performance of all electrical work in accordance with the requirements of this Act. When an electrical contractor's license is held by an individual, partnership, or corporation and the individual, one of the partners, or an officer of the corporation, respectively, is not the responsible master electrician of record, all requests for inspection shall be signed by the responsible master electrician of record. The application for an electrical contractor's license must include a verified statement that the designated responsible master electrician is a full time employee of the individual, partnership, or corporation applying for an electrical contractor's license. For purposes of this Section, a full time employee of a licensed electrical contractor is an individual who is not employed in any capacity as a licensed electrician by any other electrical contractor.

(f) The Department shall prepare guidelines as to what work experience qualifies in determining whether an applicant meets the requirements for licensure under the Act. The Board has discretion in determining whether any particular applicant's experience shall count toward the experience necessary for licensure under this Act.

Section 35. Examination. In addition to other requirements imposed by this Act and except as otherwise provided in this Act, as a precondition to issuance of an electrician's license, each applicant must pass a written examination given by the Department for the type of license sought to insure the competence of each applicant for license. No person failing an examination may retake it for 6 months, but may, within 6 months, take an examination for a lesser grade of license. Any licensee failing to renew his or her license for 2 years or more after its expiration shall be required to retake the examination before he or she is issued a new license.

Section 40. Prior practice. Electrical contractors who are in business on January 1, 2010 and who file a license application with the Department within 180 days after the effective date of this Act shall be granted a license which shall be valid for one year from the date of issuance. Thereafter, electrical contractors shall comply with all of the requirements of this Act. These licenses shall be subject to annual renewal as provided in this Act.

Persons who have a minimum of 5 years experience in performing electrical work as defined in this Act on January 1, 2010 and who file a license application with the Department within 180 days after January 1, 2010 shall be granted a license without examination, which shall be valid for one year from the date of issuance. The category of initial licensure shall be determined by the Department. These licenses shall be subject to annual renewal as provided in this Act.

Electrical inspectors who are employed by a governmental unit and engaged in the regulation and inspection of electrical wiring activities regulated under this Act on January 1, 2010, and who file an application with the Department within 180 days after January 1, 2010, shall be permitted to conduct electrical inspections for one year from the application date. Thereafter, the inspectors must meet all of the requirements of this Act.

Section 45. Endorsement. The Department may grant a license, without examination, of the same grade and class to an electrician who has been licensed by any other state that provides for the licensing of electricians in a similar manner. The license may be granted for at least one year, upon payment by the applicant of the required fee and upon the Department being furnished with proof that the qualifications of the applicant are equal to the qualifications of holders of similar licenses in Illinois.

Section 50. Renewal; restoration; military service.

(a) The expiration date and renewal period for each license issued under this Act shall be set by the Department by rule. The Department may adopt rules concerning the completion of continuing education requirements as a condition of renewal.

(b) Any person who has permitted his or her license to expire may have his or her license restored by applying to the Department, filing proof acceptable to the Department of his or her fitness to have the license restored, which may include sworn evidence certifying to active practice in another jurisdiction satisfactory to the Department, and paying the required restoration fee. If the person has not maintained an active practice in another jurisdiction satisfactory to the Department, the Department shall determine, by an evaluation program established by rule, the person's fitness to resume active status and may require the successful completion of an examination.

(c) Any person whose license has expired while he or she has been engaged (i) in federal service on active duty with the Armed Forces of the United States or the State Militia called into service or training or (ii) in training or education under the supervision of the United States preliminary to induction into the military service, may have his or her license renewed or restored without paying any lapsed renewal fees if, within 2 years after termination of service, training, or education, other than by dishonorable discharge, he or she furnishes the Department with satisfactory evidence to the effect that he or she has been so engaged and that the service, training, or education has been so terminated.

Section 55. Inactive licenses. Any electrician or electrical contractor who notifies the Department in writing on forms prescribed by the Department may elect to place his or her license on inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees until he or she notifies the Department in writing of his or her desire to resume active status. An electrician or electrical contractor requesting restoration from inactive status shall be required to pay the current renewal fee and shall be required to restore his or her license as provided in this Act. Any electrician or electrical contractor whose license is on inactive status shall not practice the profession in this State; any such practice conducted shall be deemed unlicensed practice.

Section 60. Continuation of business by estates. Upon the death of a master electrician who is an electrical contractor, the Department may permit the decedent's representative to carry on the business of the decedent for a period not in excess of one year, for the purpose of completing work under contract or otherwise to comply with this Act. The decedent's representative may petition the Board for an extension of the one-year period in the event he or she can demonstrate undue hardship or other special circumstances. The extension may be granted at the recommendation of the Board, subject to Department approval. The representative shall give any bond as the Department may require conditioned upon the faithful and lawful performance of the work. The bond shall be for the benefit of persons injured or suffering financial loss by reason of failure of performance. The bond shall be written by a corporate surety licensed to do business in the State of Illinois. The decedent's representative shall also comply with all public liability and property damage insurance requirements imposed by this Act upon a licensed electrical contractor.

Section 65. Governmental units. No municipal corporation or political subdivision shall engage in electrical work unless the electrical work is performed by one or more licensed electricians or apprentice electricians under the supervision of licensed electricians. A governmental unit may, however, contract for electrical work with any person authorized to engage in electrical work in this State.

Section 70. Display of license. Persons who advertise electrical wiring services shall, at their place of business, display the master electrician's license of at least one member of the firm, partnership or officer of the corporation and shall maintain a register listing the names and license numbers of all licensed electricians and all registered apprentices currently employed by them. When advertising electrical wiring services, the license number shall be included in all forms of written or printed advertising and included with the electrical wiring identification of vehicles. The Department may, by rule or regulation, require additional information concerning licensed electricians and registered apprentices to be maintained in the register.

Section 75. Safety standards. All electrical wiring, apparatus, and equipment for electric light, heat, and power shall comply with all applicable rules of the Department of Labor and shall be installed in conformity with accepted standards of construction for safety to life and property. For the purposes of this Act, the regulations and safety standards stated at the time the work is done in the then most recently published edition of the National Electrical Code as adopted by the National Fire Protection Association, Inc. and approved by the American National Standards Institute, and the National Electrical Safety Code as published by the Institute of Electrical and Electronics Engineers, Inc. and approved by the American National Standards Institute, shall be prima facie evidence of accepted standards of construction for safety to life and property. In the event an Illinois building code is formulated containing approved methods of electrical construction for safety to life and property, compliance with the methods of electrical construction of that code shall also constitute compliance with this Section. Nothing in this Act shall prohibit any political subdivision from making and enforcing more stringent requirements than set forth in this Act and those requirements shall be complied with by all licensed electricians working within the jurisdiction of that political subdivision; except that nothing in this Act shall be construed to give a political subdivision the authority to apply those standards or requirements to electrical work performed on a farm.

Section 80. Inspections.

(a) Except where any political subdivision has by ordinance provided for electrical inspection similar to that provided in this Act, every new electrical installation in any construction, remodeling, replacement, or repair shall be inspected by the Department for compliance with accepted standards of construction for safety to life and property.

(b) No such inspections shall be required for electrical work performed by persons exempt from licensure under Section 15 of this Act; except that inspections shall be required for work performed under subsection (b) of Section 15.

(c) All inspectors for the Department shall hold licenses as master or journeyman electricians under this Act; except that in areas of this State where a sufficient number of master or journeyman electricians are not available to the Department to perform inspections under this Act, the Department may designate other persons whom it determines to be suitably qualified by training or experience.

Section 85. Procedures for inspection.

(a) At or before commencement of any installation required to be inspected by the Department, the electrical contractor or owner making the installation shall submit to the Department a request for inspection, in a form prescribed by the Department, together with the fees required for the installation.

(b) The fees required are a handling fee and an inspection fee. The handling fee shall be set by the Department in an amount sufficient to pay the cost of bringing and handling the form requesting an inspection. The inspection fee shall be set by the Department in an amount sufficient to pay the actual costs of the inspection and the Department's costs in administering the inspection.

(c) If the inspector finds that the installation is not in compliance with accepted standards of construction for safety to life and property as required by this Act, the inspector shall, by written order, condemn the installation or the noncomplying portion of the installation, or order service to the installation disconnected, and shall send a copy of the order to the Department. If the installation or the noncomplying part will seriously and proximately endanger human life and property, the order of the inspector, when approved by the inspector's superior, shall require immediate condemnation or disconnection. In all other cases, the order of the inspector shall permit a reasonable opportunity for the installation to be brought into compliance with accepted standards of construction for safety to life and property prior to the effective time established for condemnation or disconnection.

(d) Copies of each condemnation or disconnection order shall be served personally or by mail upon the property owner, the electrical contractor or electrician making the installation, and other persons as the Department by rule may direct. An aggrieved party may appeal any condemnation or disconnection order by filing with the Department a notice of appeal within 10 days after (i) service upon the aggrieved party of the condemnation or disconnection order, if this service is required or (ii) filing of the order with the Department, whichever is later. The Department shall adopt rules providing procedures for the conduct of appeals, including provisions for the stay of enforcement of the order of the inspector pending an appeal when justified by the circumstances.

(e) The inspectors of the Department shall have the authority to enter any building or premises at any reasonable hour in the discharge of their duties, and they shall have the authority, when necessary, to order the removal of any existing obstructions such as laths, plastering, boarding, or partitions that may prevent a proper inspection of the electrical installation.

(f) No electrical installation subject to inspection by the Department shall be newly connected or reconnected for use until there is filed, with the electrical utility supplying power, a certificate of the property owner or licensed electrician directing the work that inspection has been requested and that the conditions of the installation are safe for energization. In all cases where an order of condemnation or disconnection has been issued against the installation or any part of the installation, prior to connection or reconnection, there shall also first be filed with the electrical utility supplying the power a copy of an order of the inspector or the Department dismissing the prior order of condemnation or disconnection or approving the installation as being in compliance with accepted standards of construction for safety to life and property. With respect to transient projects, this certificate shall also contain a certification that the request for inspection has been or will be filed with the Department so as to be received by it at least 5 days prior to the date and time energization of the installation by the utility is to occur, and that the request for inspection states the date and time. It shall be the responsibility of the Department to have inspection of the transient project occur prior to the date and time at which the request states energization is to occur.

(g) Any political subdivision may make provision for inspection of electrical installations within its jurisdiction, in which case it shall keep on file with the Department copies of its current inspection ordinances and codes. Any political subdivision may require any individual, partnership, corporation, or other business association holding a license from the Department to pay any license, registration fee, or permit fees. Any political subdivision may provide by ordinance a requirement that each individual, partnership, corporation, or other business association doing electrical work within the jurisdiction of the political subdivision have on file with the political subdivision a copy of the current license issued by the Department or other evidence of the license as may be provided by the Department. Each electrical inspector of any political subdivision shall be a licensed master or journeyman electrician under this Act.

Section 90. Grounds for discipline.

(a) The Department may refuse to issue or renew or may revoke, suspend, place on probation, reprimand, or take other disciplinary action that the Department considers appropriate, including the imposition of fines not to exceed $1,000 for each violation, with regard to any license or licensee for any one or more of the following:

(1) has filed an application for a license that contains any statement that, in light of the circumstances under which it is made, is false or misleading with respect to any material fact;

(2) has engaged in any fraudulent, deceptive, or dishonest practice;

(3) has been convicted within the past 5 years of a misdemeanor involving a violation of this Act; or

(4) has violated or failed to comply with this Act or its rules or any order issued under this Act. A violation need not be willful.

The Department may adopt rules further specifying the grounds for suspension, revocation, and refusal to renew a license and establishing standards of conduct for licensees.

(b) The Department may refuse to issue or may suspend the license of any person who fails to file a tax return, to pay the tax, penalty, or interest shown in a filed tax return, or to pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of the tax Act are satisfied.

(c) The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission, as provided in the Mental Health and Developmental Disabilities Code, operates as an automatic license suspension. The suspension will end only upon (i) a finding by a court that the patient is no longer subject to involuntary admission or judicial admission and the issuance of a court order so finding and discharging the patient and (ii) the recommendation of the Board to the Director that the licensee be allowed to resume his or her practice.

(d) In enforcing this Section, the Department or Board, upon a showing of a possible violation, may compel an individual licensed to practice under this Act or who has applied for licensure under this Act to submit to a mental or physical examination or both, as required by and at the expense of the Department. The Department or Board may order the examining physician to present testimony concerning the mental or physical examination of the licensee or applicant. No information shall be excluded by reason of any common law or statutory privilege relating to communications between the licensee or applicant and the examining physician. The examining physicians shall be specifically designated by the Board or Department. The individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of this examination. The examination shall be performed by a physician licensed to practice medicine in all its branches. Failure of an individual to submit to a mental or physical examination when directed shall be grounds for suspension of his or her license until the individual submits to the examination if the Department finds, after notice and hearing, that the refusal to submit to the examination was without reasonable cause.

If the Department or Board finds an individual unable to practice because of the reasons set forth in this Section, the Department or Board may require that individual to submit to care, counseling, or treatment by physicians approved or designated by the Department or Board, as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice; or, in lieu of care, counseling, or treatment, the Department may file, or the Board may recommend to the Department to file, a complaint to immediately suspend, revoke, or otherwise discipline the license of the individual. An individual whose license was granted, continued, reinstated, renewed, disciplined or supervised subject to such terms, conditions, or restrictions, and who fails to comply with such terms, conditions, or restrictions, shall be referred to the Director for a determination as to whether the individual shall have his or her license suspended immediately, pending a hearing by the Department.

In instances in which the Director immediately suspends a person's license under this Section, a hearing on that person's license must be convened by the Department within 15 days after the suspension and completed without appreciable delay. The Department and Board shall have the authority to review the individual's record of treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records.

An individual licensed under this Act and affected under this Section shall be afforded an opportunity to demonstrate to the Department or Board that he or she can resume practice in compliance with acceptable and prevailing standards under the provisions of his or her license.

Section 95. Violations.

(a) Any person violating any provision of this Act or its rules shall be guilty of a Class B misdemeanor and fined a minimum of $100 for the first offense. A second or subsequent violation of this Act shall be a Class A misdemeanor with a minimum fine of $200. Each day a violation continues constitutes a separate offense. The State's Attorney of the County in which the violation occurred or the Attorney General may prosecute these actions in the name of the People of the State of Illinois. The court may enjoin the use of electricity installed in violation of this Act or its rules until it has been corrected to comply with the National Electrical Code.

(b) If it is established that the defendant, contrary to this Act, has been engaging, is engaging, or is about to engage in electrical work without having been issued a license, or has been engaging or is about to engage in electrical work after his or her license has been suspended or revoked or after his or her license has not been renewed, the Department may levy a penalty not to exceed $5,000 per offense. This penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act.

Section 100. Temporary suspension of a license. The Director may temporarily suspend the license of an electrician or electrical contractor without a hearing, simultaneously with the institution of proceedings for a hearing provided for in this Act, if the Director finds that the evidence in his or her possession indicates that continuation in practice would constitute an imminent danger to the public. In the event that the Director temporarily suspends the license of an electrician or electrical contractor without a hearing, a hearing by the Board must be held within 30 calendar days after the suspension has occurred.

Section 105. Deposit of fees and fines; appropriations. All fees and fines collected under this Act shall be deposited into the General Professions Dedicated Fund. All moneys in the Fund shall be used by the Department of Financial and Professional Regulation, as appropriated, for the ordinary and contingent expenses of the Department.

Section 110. Returned checks; fines. Any person who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to the Department, in addition to the amount already owed to the Department, a fine of $50. The fines imposed by this Section are in addition to any other discipline provided under this Act for unlicensed practice or practice on a nonrenewed license. The Department shall notify the person that payment of fees and fines shall be paid to the Department by certified check or money order within 30 calendar days of the notification. If, after the expiration of 30 days from the date of the notification, the person has failed to submit the necessary remittance, the Department shall automatically terminate the license or deny the application, without hearing. If, after termination or denial, the person seeks a license, he or she shall apply to the Department for restoration or issuance of the license and pay all fees and fines due to the Department. The Department may establish a fee for the processing of an application for restoration of a license to pay all expenses of processing this application. The Director may waive the fines due under this Section in individual cases where the Director finds that the fines would be unreasonable or unnecessarily burdensome.

Section 115. Investigations; notice and hearing. The Department may investigate the actions of any applicant or of any person holding or claiming to hold a license. The Department shall, before refusing to issue or renew a license or to discipline a licensee pursuant to Section 90, notify the applicant or holder of a license in writing, at least 30 days prior to the date set for the hearing, of the nature of the charges and that a hearing will be held on the date designated. The notice shall direct the applicant or licensee to file a written answer to the Board under oath within 20 days after the service of the notice, and shall inform the applicant or licensee that failure to file an answer will result in a default judgment being entered against the applicant or licensee. A default judgment may result in the license being suspended, revoked, or placed on probationary status, or other disciplinary action may be taken, including limiting the scope, nature, or extent of practice, as the Director may deem proper. Written notice may be served by personal delivery or certified or registered mail to the respondent at the address of his or her last notification to the Department. In case the person fails to file an answer after receiving notice, his or her license or certificate may, in the discretion of the Department, be suspended, revoked, or placed on probationary status and the Department may take whatever disciplinary action it deems proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for that action under this Act. At the time and place fixed in the notice, the Board shall proceed to hear the charges and the parties or their counsel shall be accorded ample opportunity to present statements, testimony, evidence and argument that may be pertinent to the charges or to the licensee's defense. The Board may continue a hearing from time to time.

Section 120. Record; transcript. The Department, at its expense, shall preserve a record of all proceedings at the formal hearing of any case involving the refusal to issue or renew a license or the discipline of a licensee. The notice of hearing, complaint and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, the report of the Board, and the order of the Department shall be the record of the proceeding.

Section 125. Compelling testimony. Any circuit court, upon application of the Department or its designee or of the applicant or licensee against whom proceedings pursuant to Section 90 of this Act are pending, may enter an order requiring the attendance of witnesses and their testimony and the production of documents, papers, files, books, and records in connection with any hearing or investigation. The court may compel obedience to its order by proceedings for contempt.

Section 130. Findings and recommendations. At the conclusion of the hearing, the Board shall present to the Director a written report of its findings and recommendations. The report shall contain a finding of whether or not the accused person violated this Act or failed to comply with the conditions required in this Act. The Board shall specify the nature of the violation or failure to comply and shall make its recommendations to the Director.

The report of findings and recommendations of the Board shall be the basis for the Department's order or refusal or for the granting of a license unless the Director shall determine that the Board's report is contrary to the manifest weight of the evidence, in which case the Director may issue an order in contravention of the Board's report. The finding is not admissible in evidence against the person in a criminal prosecution brought for the violation of this Act, but the hearing and finding are not a bar to a criminal prosecution brought for the violation of this Act.

Section 135. Rehearing. In any case involving the refusal to issue or renew a license or discipline of a licensee, a copy of the Board's report shall be served upon the respondent by the Department, either personally or as provided in this Act for the service of the notice of hearing. Within 20 days after service, the respondent may present to the Department a motion, in writing and specifying particular grounds, for a rehearing. If no motion for rehearing is filed, then upon the expiration of the time specified for filing the motion, or if a motion for rehearing is denied, then upon the denial, the Director may enter an order in accordance with recommendations of the Board, except as otherwise provided in this Act. If the respondent shall order from the reporting service and pay for a transcript of the record within the time for filing a motion for rehearing, the 20 day period within which the motion may be filed shall commence upon the delivery of the transcript to the respondent.

Section 140. Director; rehearing. Whenever the Director is satisfied that substantial justice has not been done in the revocation, suspension, or refusal to issue or renew a license, the Director may order a rehearing by the same or other examiners.

Section 145. Appointment of a hearing officer. The Director shall have the authority to appoint any attorney duly licensed to practice law in this State to serve as the hearing officer in any action for refusal to issue or renew a license or permit or for the discipline of a licensee. The hearing officer shall have full authority to conduct the hearing. At least one member of the Board shall attend each hearing. The hearing officer shall report his or her findings and recommendations to the Board and the Director. The Board shall have 60 days after receipt of the report to review the report of the hearing officer and present its findings of fact, conclusions of law, and recommendations to the Director. If the Board fails to present its report within the 60-day period, the Director shall issue an order based on the report of the hearing officer. If the Director determines that the Board's report is contrary to the manifest weight of the evidence, he or she may issue an order in contravention of the Board's report.

Section 150. Order or certified copy; prima facie proof. An order or a certified copy thereof, over the seal of the Department and purporting to be signed by the Director, shall be prima facie proof that:

(1) the signature is the genuine signature of the Director;

(2) the Director is duly appointed and qualified; and

(3) the Board and the members of the Board are qualified to act.

Section 155. Surrender of license. Upon the revocation or suspension of any license, the licensee shall surrender the license to the Department and, if the licensee fails to do so, the Department shall have the right to seize the license.

Section 160. Administrative review; venue. All final administrative decisions of the Department are subject to judicial review pursuant to the Administrative Review Law and its rules. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure. Proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for relief resides; but if the party is not a resident of this State, the venue shall be in Sangamon County.

The Department shall not be required to certify any record to the court or file any answer in court or otherwise appear in any court in a judicial review proceeding, unless there is filed in the court, with the complaint, a receipt from the Department acknowledging payment of the costs of furnishing and certifying the record. Failure on the part of the plaintiff to file a receipt in court shall be grounds for dismissal of the action.

Section 165. Administrative Procedure Act. The Illinois Administrative Procedure Act is hereby expressly adopted and incorporated herein as if all of the provisions of that Act were included in this Act, except that the provision of subsection (d) of Section 10-65 of the Illinois Administrative Procedure Act that provides that at hearings the licensee has the right to show compliance with all lawful requirements for retention, continuation, or renewal of the license is specifically excluded. For the purposes of this Act the notice required under Section 10-25 of the Administrative Procedure Act is deemed sufficient when mailed to the last known address of a party.

Section 170. Home rule. A home rule unit may not regulate the licensing of electricians and electrical contractors in a manner inconsistent with the regulation by the State of electricians and electrical contractors. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 900. The Regulatory Sunset Act is amended by changing Section 4.29 as follows:

(5 ILCS 80/4.29)

Sec. 4.29. Act repealed on January 1, 2019. The following Acts are Act is repealed on January 1, 2019:

The Electricians Licensing Act.

The Environmental Health Practitioner Licensing Act.

(Source: P.A. 95-1020, eff. 12-29-08.)

Section 999. Effective date. This Act takes effect on January 1, 2010.