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1 | | reputation in the
community in which he resides;
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2 | | (e) any person who has been found guilty of any fraud |
3 | | or
misrepresentation in any connection;
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4 | | (f) any firm or corporation in which a person defined |
5 | | in (a), (b), (c),
(d) or (e) has a proprietary, equitable |
6 | | or credit interest of 5% or more.
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7 | | (g) any organization in which a person defined in (a), |
8 | | (b), (c), (d) or
(e) is an officer, director, or managing |
9 | | agent, whether compensated or not;
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10 | | (h) any organization in which a person defined in (a), |
11 | | (b), (c), (d), or
(e) is to participate in the management |
12 | | or sales of lottery tickets or
shares.
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13 | | However, with respect to persons defined in (a), the |
14 | | Department may grant
any such person a license under this Act |
15 | | when:
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16 | | (1) a period of 5 years after the conviction or 3 years |
17 | | since release from confinement, whichever is later, has |
18 | | elapsed without a subsequent conviction 1) at least 10 |
19 | | years have elapsed since the date when the sentence for
the |
20 | | most recent such conviction was satisfactorily completed ;
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21 | | (2) 2) the applicant has no history of criminal |
22 | | activity subsequent to such conviction;
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23 | | (2.5) the applicant completed their sentence |
24 | | successfully and, for applicants serving a term of parole |
25 | | or probation, the applicant's probation or parole officer |
26 | | provides a progress report that documents the applicant's |
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1 | | compliance with conditions of supervision; |
2 | | (3) (blank); and 3) the applicant has complied with all |
3 | | conditions of probation, conditional
discharge, |
4 | | supervision, parole or mandatory supervised release; and
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5 | | (4) 4) the applicant presents at least 3 letters of |
6 | | recommendation from responsible
citizens in his community |
7 | | who personally can attest that the character and
attitude |
8 | | of the applicant indicate that he is unlikely
to commit |
9 | | another crime or the applicant provides other evidence of |
10 | | rehabilitation or rehabilitative effort during or after |
11 | | incarceration, or during or after a term of supervision, |
12 | | including, but not limited to, a certificate of good |
13 | | conduct under Section 5-5.5-25 of the Unified Code of |
14 | | Corrections or a certificate of relief from disabilities |
15 | | under Section 5-5.5-10 of the Unified Code of Corrections .
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16 | | The Department may revoke, without notice or a hearing, the |
17 | | license of
any agent who violates this Act or any rule or |
18 | | regulation promulgated
pursuant to this Act. However, if the |
19 | | Department does revoke a license
without notice and an |
20 | | opportunity for a hearing, the Department shall, by
appropriate |
21 | | notice, afford the person whose license has been revoked an
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22 | | opportunity for a hearing within 30 days after the revocation |
23 | | order has
been issued. As a result of any such hearing, the |
24 | | Department may confirm
its action in revoking the license, or |
25 | | it may order the restoration of such
license.
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26 | | (Source: P.A. 97-464, eff. 10-15-11.)
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1 | | (20 ILCS 1605/10.1b new) |
2 | | Sec. 10.1b. Applicant convictions. |
3 | | (a) If the Department refuses to issue a license to an |
4 | | applicant, then the Department shall notify the applicant of |
5 | | the denial in writing with the following included in the notice |
6 | | of denial: |
7 | | (1) a statement about the decision to refuse to issue a |
8 | | license; |
9 | | (2) a list of the convictions that the Department |
10 | | determined will impair the applicant's ability to engage in |
11 | | the position for which a license is sought; |
12 | | (3) a list of convictions that formed the sole or |
13 | | partial basis for the refusal to issue a license; and |
14 | | (4) a summary of the appeal process or the earliest the |
15 | | applicant may reapply for a license, whichever is |
16 | | applicable. |
17 | | (b) No later than May 1 of each year, the Department must |
18 | | prepare, publicly announce, and publish a report of summary |
19 | | statistical information relating to new and renewal license |
20 | | applications during the preceding calendar year. Each report |
21 | | shall show, at a minimum: |
22 | | (1) the number of applicants for a new or renewal |
23 | | license under this Act within the previous calendar year; |
24 | | (2) the number of applicants for a new or renewal |
25 | | license under this Act within the previous calendar year |
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1 | | who had any criminal conviction; |
2 | | (3) the number of applicants for a new or renewal |
3 | | license under this Act in the previous calendar year who |
4 | | were granted a license; |
5 | | (4) the number of applicants for a new or renewal |
6 | | license with a criminal conviction who were granted a |
7 | | license under this Act within the previous calendar year; |
8 | | (5) the number of applicants for a new or renewal |
9 | | license under this Act within the previous calendar year |
10 | | who were denied a license; |
11 | | (6) the number of applicants for a new or renewal |
12 | | license with a criminal conviction who were denied a |
13 | | license under this Act in the previous calendar year in |
14 | | whole or in part because of a prior conviction; |
15 | | (7) the number of licenses issued on probation without |
16 | | monitoring under this Act in the previous calendar year to |
17 | | applicants with a criminal conviction; and |
18 | | (8) the number of licenses issued on probation with |
19 | | monitoring under this Act in the previous calendar year to |
20 | | applicants with a criminal conviction. |
21 | | (c) The Department shall not require the applicant to |
22 | | report the following information and shall not consider the |
23 | | following criminal history records in connection with an |
24 | | application for licensure: |
25 | | (1) Juvenile adjudications of delinquent minors as |
26 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
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1 | | subject to the restrictions set forth in Section 5-130 of |
2 | | the Juvenile Court Act of 1987. |
3 | | (2) Law enforcement records, court records, and |
4 | | conviction records of an individual who was 17 years old at |
5 | | the time of the offense and before January 1, 2014, unless |
6 | | the nature of the offense required the individual to be |
7 | | tried as an adult. |
8 | | (3) Records of arrest not followed by a conviction. |
9 | | (4) Convictions overturned by a higher court. |
10 | | (5) Convictions or arrests that have been sealed or |
11 | | expunged. |
12 | | Section 10. The Criminal Identification Act is amended by |
13 | | changing Section 12 as follows:
|
14 | | (20 ILCS 2630/12)
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15 | | Sec. 12. Entry of order; effect of expungement or sealing |
16 | | records.
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17 | | (a) Except with respect to law enforcement agencies, the |
18 | | Department of
Corrections, State's Attorneys, or other |
19 | | prosecutors, and as provided in Section 13 of this Act, an |
20 | | expunged or sealed
record may not be considered by any private |
21 | | or
public entity in employment matters, certification, |
22 | | licensing, revocation
of certification or licensure, or |
23 | | registration. Applications for
employment must contain |
24 | | specific language which states that the
applicant is not |
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1 | | obligated to disclose sealed or expunged records of
conviction |
2 | | or arrest. The entity authorized to grant a license, |
3 | | certification, or registration shall include, in an |
4 | | application for certification, registration, or licensure, |
5 | | specific language stating that the applicant is not obligated |
6 | | to disclose sealed or expunged records of a conviction or |
7 | | arrest; however, if the inclusion of that language in an |
8 | | application for certification, registration, or licensure is |
9 | | not practical, the entity shall publish on its website |
10 | | instructions specifying that applicants are not obligated to |
11 | | disclose sealed or expunged records of a conviction or arrest. |
12 | | Employers may not ask if an applicant has had
records expunged |
13 | | or sealed.
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14 | | (b) A person whose records have been sealed or expunged is |
15 | | not entitled to
remission of any fines, costs, or other money |
16 | | paid as a consequence of
the sealing or expungement. This |
17 | | amendatory Act of the 93rd General
Assembly does not affect the |
18 | | right of the victim of a crime to prosecute
or defend a civil |
19 | | action for damages. Persons engaged in civil litigation
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20 | | involving criminal records that have been sealed may
petition |
21 | | the court to open the records for the limited purpose of using
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22 | | them in the course of litigation.
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23 | | (Source: P.A. 93-211, eff. 1-1-04; 93-1084, eff. 6-1-05 .)
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24 | | Section 15. The Cigarette Tax Act is amended by changing |
25 | | Sections 4, 4b, and 4c and by adding Section 4i as follows:
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1 | | (35 ILCS 130/4) (from Ch. 120, par. 453.4)
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2 | | Sec. 4. Distributor's license. No person may engage in |
3 | | business as a distributor of cigarettes in this
State within |
4 | | the meaning of the first 2 definitions of distributor in
|
5 | | Section 1 of this Act without first having obtained a license |
6 | | therefor from
the Department. Application for license shall be |
7 | | made to the Department in
form as furnished and prescribed by |
8 | | the Department. Each applicant for a
license under this Section |
9 | | shall furnish to the Department on the form
signed and verified |
10 | | by the applicant under penalty of perjury the following |
11 | | information:
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12 | | (a) The name and address of the applicant;
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13 | | (b) The address of the location at which the applicant |
14 | | proposes to
engage in business as a distributor of |
15 | | cigarettes in this State;
|
16 | | (c) Such other additional information as the |
17 | | Department may lawfully
require by its rules and |
18 | | regulations.
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19 | | The annual license fee payable to the Department for each |
20 | | distributor's
license shall be $250. The purpose of such annual |
21 | | license fee is to defray
the cost, to the Department, of
|
22 | | serializing cigarette tax stamps. Each applicant for license |
23 | | shall pay such
fee to the Department at the time of submitting |
24 | | his application for license
to the Department.
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25 | | Every applicant who is required to procure a distributor's |
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1 | | license shall
file with his application a joint and several |
2 | | bond. Such bond shall be
executed to the Department of Revenue, |
3 | | with good and sufficient surety or
sureties residing or |
4 | | licensed to do business within the State of Illinois,
in the |
5 | | amount of $2,500, conditioned upon the true and faithful |
6 | | compliance
by the licensee with all of the provisions of this |
7 | | Act. Such bond, or a
reissue thereof, or a substitute therefor, |
8 | | shall be kept in effect during
the entire period covered by the |
9 | | license. A separate application for
license shall be made, a |
10 | | separate annual license fee paid, and a separate
bond filed, |
11 | | for each place of business at which a person who is required to
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12 | | procure a distributor's license under this Section proposes to |
13 | | engage in
business as a distributor in Illinois under this Act.
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14 | | The following are ineligible to receive a distributor's |
15 | | license under
this Act:
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16 | | (1) a person who is not of good character and |
17 | | reputation in the
community in which he resides ; the |
18 | | Department may consider past conviction of a felony but |
19 | | the conviction shall not operate as an absolute bar to |
20 | | licensure ;
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21 | | (2) a person who has been convicted of a felony |
22 | | under any Federal or
State law, if the Department, |
23 | | after investigation and a hearing and consideration of |
24 | | mitigating factors and evidence of rehabilitation |
25 | | contained in the applicant's record, including those |
26 | | in Section 4i , if
requested by the applicant , |
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1 | | determines that such person has not been
sufficiently |
2 | | rehabilitated to warrant the public trust and the |
3 | | conviction will impair the ability of the person to |
4 | | engage in the position for which a license is sought ;
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5 | | (3) a corporation, if any officer, manager or |
6 | | director thereof, or any
stockholder or stockholders |
7 | | owning in the aggregate more than 5% of the
stock of |
8 | | such corporation, would not be eligible to receive a |
9 | | license under
this Act for any reason; |
10 | | (4) a person, or any person who owns more than 15 |
11 | | percent of the ownership interests in a person or a |
12 | | related party who: |
13 | | (a) owes, at the time of application, any |
14 | | delinquent cigarette taxes that have been |
15 | | determined by law to be due and unpaid, unless the |
16 | | license applicant has entered into an agreement |
17 | | approved by the Department to pay the amount due; |
18 | | (b) had a license under this Act revoked within |
19 | | the past two years by the Department for misconduct |
20 | | relating to stolen or contraband cigarettes or has |
21 | | been convicted of a State or federal crime, |
22 | | punishable by imprisonment of one year or more, |
23 | | relating to stolen or contraband cigarettes; |
24 | | (c) manufactures cigarettes, whether in this |
25 | | State or out of this State, and who is neither (i) |
26 | | a participating manufacturer as defined in |
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1 | | subsection II(jj) of the "Master Settlement |
2 | | Agreement" as defined in Sections 10 of the Tobacco |
3 | | Products Manufacturers' Escrow Act and the Tobacco |
4 | | Products Manufacturers' Escrow Enforcement Act of |
5 | | 2003 (30 ILCS 168/10 and 30 ILCS 167/10); nor (ii) |
6 | | in full compliance with Tobacco Products |
7 | | Manufacturers' Escrow Act and the Tobacco Products |
8 | | Manufacturers' Escrow Enforcement Act of 2003 (30 |
9 | | ILCS 168/ and 30 ILCS 167/); |
10 | | (d) has been found by the Department, after |
11 | | notice and a hearing, to have imported or caused to |
12 | | be imported into the United States for sale or |
13 | | distribution any cigarette in violation of 19 |
14 | | U.S.C. 1681a; |
15 | | (e) has been found by the Department, after |
16 | | notice and a hearing, to have imported or caused to |
17 | | be imported into the United States for sale or |
18 | | distribution or manufactured for sale or |
19 | | distribution in the United States any cigarette |
20 | | that does not fully comply with the Federal |
21 | | Cigarette Labeling and Advertising Act (15 U.S.C. |
22 | | 1331, et seq.); or |
23 | | (f) has been found by the Department, after |
24 | | notice and a hearing, to have made a material false |
25 | | statement in the application or has failed to |
26 | | produce records required to be maintained by this |
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1 | | Act.
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2 | | The Department, upon receipt of an application, license fee |
3 | | and bond in
proper form, from a person who is eligible to |
4 | | receive a distributor's
license under this Act, shall issue to |
5 | | such applicant a license in form as
prescribed by the |
6 | | Department, which license shall permit the applicant to
which |
7 | | it is issued to engage in business as a distributor at the |
8 | | place
shown in his application. All licenses issued by the |
9 | | Department under this
Act shall be valid for not to exceed one |
10 | | year after issuance unless sooner
revoked, canceled or |
11 | | suspended as provided in this Act. No license issued
under this |
12 | | Act is transferable or assignable. Such license shall be
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13 | | conspicuously displayed in the place of business conducted by |
14 | | the licensee
in Illinois under such license. No distributor |
15 | | licensee acquires any vested interest or compensable property |
16 | | right in a license issued under this Act. |
17 | | A licensed distributor shall notify the Department of any |
18 | | change in the information contained on the application form, |
19 | | including any change in ownership and shall do so within 30 |
20 | | days after any such change.
|
21 | | Any person aggrieved by any decision of the Department |
22 | | under this Section
may, within 20 days after notice of the |
23 | | decision, protest and request a
hearing. Upon receiving a |
24 | | request for a hearing, the Department shall give
notice to the |
25 | | person requesting the hearing of the time and place fixed for |
26 | | the
hearing and shall hold a hearing in conformity with the |
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1 | | provisions of this Act
and then issue its final administrative |
2 | | decision in the matter to that person.
In the absence of a |
3 | | protest and request for a hearing within 20 days, the
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4 | | Department's decision shall become final without any further |
5 | | determination
being made or notice given.
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6 | | (Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
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7 | | (35 ILCS 130/4b) (from Ch. 120, par. 453.4b)
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8 | | Sec. 4b.
(a) The Department may, in its discretion, upon |
9 | | application, issue
permits authorizing the payment of the tax |
10 | | herein imposed by out-of-State
cigarette manufacturers who are |
11 | | not required to be licensed as distributors
of cigarettes in |
12 | | this State, but who elect to qualify under this Act as
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13 | | distributors of cigarettes in this State, and who, to the |
14 | | satisfaction of
the Department, furnish adequate security to |
15 | | insure payment of the tax,
provided that any such permit shall |
16 | | extend only to cigarettes which such
permittee manufacturer |
17 | | places in original packages that are contained
inside a sealed |
18 | | transparent wrapper. Such permits shall be issued without
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19 | | charge in such form as the Department may prescribe and shall |
20 | | not be
transferable or assignable.
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21 | | The following are ineligible to receive a distributor's |
22 | | permit under
this subsection:
|
23 | | (1) a person who is not of good character and |
24 | | reputation in the
community in which he resides ; the |
25 | | Department may consider past conviction of a felony but the |
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1 | | conviction shall not operate as an absolute bar to |
2 | | receiving a permit ;
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3 | | (2) a person who has been convicted of a felony under |
4 | | any Federal or
State law, if the Department, after |
5 | | investigation and a hearing and consideration of |
6 | | mitigating factors and evidence of rehabilitation |
7 | | contained in the applicant's record, including those in |
8 | | Section 4i of this Act , if
requested by the applicant, |
9 | | determines that such person has not been
sufficiently |
10 | | rehabilitated to warrant the public trust and the |
11 | | conviction will impair the ability of the person to engage |
12 | | in the position for which a permit is sought ;
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13 | | (3) a corporation, if any officer, manager or director |
14 | | thereof, or any
stockholder or stockholders owning in the |
15 | | aggregate more than 5% of the
stock of such corporation, |
16 | | would not be eligible to receive a permit under
this Act |
17 | | for any reason.
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18 | | With respect to cigarettes which come within the scope of |
19 | | such a permit
and which any such permittee delivers or causes |
20 | | to be delivered in Illinois
to licensed distributors, such |
21 | | permittee shall remit the tax imposed by this Act at
the times |
22 | | provided for in Section 3 of this Act. Each such remittance
|
23 | | shall be accompanied by a return filed with the Department on a |
24 | | form to be
prescribed and furnished by the Department and shall |
25 | | disclose such
information as the Department may lawfully |
26 | | require. The Department may promulgate rules to require that |
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1 | | the permittee's return be accompanied by appropriate |
2 | | computer-generated magnetic media supporting schedule data in |
3 | | the format prescribed by the Department, unless, as provided by |
4 | | rule, the Department grants an exception upon petition of the |
5 | | permittee. Each such return shall
be accompanied by a copy of |
6 | | each invoice rendered by the permittee to any
licensed |
7 | | distributor to whom the permittee delivered cigarettes of the |
8 | | type covered by
the permit (or caused cigarettes of the type |
9 | | covered by the permit to be
delivered) in Illinois during the |
10 | | period covered by such return.
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11 | | Such permit may be suspended, canceled or revoked when, at |
12 | | any time, the
Department considers that the security given is |
13 | | inadequate, or that such
tax can more effectively be collected |
14 | | from distributors located in this
State, or whenever the |
15 | | permittee violates any provision of this Act or any
lawful rule |
16 | | or regulation issued by the Department pursuant to this Act or
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17 | | is determined to be ineligible for a distributor's permit under |
18 | | this Act as
provided in this Section, whenever the permittee |
19 | | shall notify the
Department in writing of his desire to have |
20 | | the permit canceled. The
Department shall have the power, in |
21 | | its discretion, to issue a new permit
after such suspension, |
22 | | cancellation or revocation, except when the person
who would |
23 | | receive the permit is ineligible to receive a distributor's
|
24 | | permit under this Act.
|
25 | | All permits issued by the Department under this Act shall |
26 | | be valid for
not to exceed one year after issuance unless |
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1 | | sooner revoked, canceled or
suspended as in this Act provided.
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2 | | (b) Out-of-state cigarette manufacturers who are not |
3 | | required to be licensed as distributors of cigarettes in this |
4 | | State and who do not elect to obtain approval under subsection |
5 | | 4b(a) to pay the tax imposed by this Act, but who elect to |
6 | | qualify under this Act as distributors of cigarettes in this |
7 | | State for purposes of shipping and delivering unstamped |
8 | | original packages of cigarettes into this State to licensed |
9 | | distributors, shall obtain a permit from the Department. These |
10 | | permits shall be issued without charge in such form as the |
11 | | Department may prescribe and shall not be transferable or |
12 | | assignable. |
13 | | The following are ineligible to receive a distributor's |
14 | | permit under this subsection: |
15 | | (1) a person who is not of good character and |
16 | | reputation in the community in which he or she resides ; the |
17 | | Department may consider past conviction of a felony but the |
18 | | conviction shall not operate as an absolute bar to |
19 | | receiving a permit ; |
20 | | (2) a person who has been convicted of a felony under |
21 | | any federal or State law, if the Department, after |
22 | | investigation and a hearing and consideration of |
23 | | mitigating factors and evidence of rehabilitation |
24 | | contained in the applicant's record, including those set |
25 | | forth in Section 4i of this Act , if requested by the |
26 | | applicant , determines that the person has not been |
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1 | | sufficiently rehabilitated to warrant the public trust and |
2 | | the conviction will impair the ability of the person to |
3 | | engage in the position for which a permit is sought ; and |
4 | | (3) a corporation, if any officer, manager, or director |
5 | | thereof, or any stockholder or stockholders owning in the |
6 | | aggregate more than 5% of the stock of the corporation, |
7 | | would not be eligible to receive a permit under this Act |
8 | | for any reason. |
9 | | With respect to original packages of cigarettes that such |
10 | | permittee delivers or causes to be delivered in Illinois and |
11 | | distributes to the public for promotional purposes without |
12 | | consideration, the permittee shall pay the tax imposed by this |
13 | | Act by remitting the amount thereof to the Department by the |
14 | | 5th day of each month covering cigarettes shipped or otherwise |
15 | | delivered in Illinois for those purposes during the preceding |
16 | | calendar month. The permittee, before delivering those |
17 | | cigarettes or causing those cigarettes to be delivered in this |
18 | | State, shall evidence his or her obligation to remit the taxes |
19 | | due with respect to those cigarettes by imprinting language to |
20 | | be prescribed by the Department on each original package of |
21 | | cigarettes, in such place thereon and in such manner also to be |
22 | | prescribed by the Department. The imprinted language shall |
23 | | acknowledge the permittee's payment of or liability for the tax |
24 | | imposed by this Act with respect to the distribution of those |
25 | | cigarettes. |
26 | | With respect to cigarettes that the permittee delivers or |
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1 | | causes to be delivered in Illinois to Illinois licensed |
2 | | distributors or distributed to the public for promotional |
3 | | purposes, the permittee shall, by the 5th day of each month, |
4 | | file with the Department, a report covering cigarettes shipped |
5 | | or otherwise delivered in Illinois to licensed distributors or |
6 | | distributed to the public for promotional purposes during the |
7 | | preceding calendar month on a form to be prescribed and |
8 | | furnished by the Department and shall disclose such other |
9 | | information as the Department may lawfully require. The |
10 | | Department may promulgate rules to require that the permittee's |
11 | | report be accompanied by appropriate computer-generated |
12 | | magnetic media supporting schedule data in the format |
13 | | prescribed by the Department, unless, as provided by rule, the |
14 | | Department grants an exception upon petition of the permittee. |
15 | | Each such report shall be accompanied by a copy of each invoice |
16 | | rendered by the permittee to any purchaser to whom the |
17 | | permittee delivered cigarettes of the type covered by the |
18 | | permit (or caused cigarettes of the type covered by the permit |
19 | | to be delivered) in Illinois during the period covered by such |
20 | | report. |
21 | | Such permit may be suspended, canceled, or revoked whenever |
22 | | the permittee violates any provision of this Act or any lawful |
23 | | rule or regulation issued by the Department pursuant to this |
24 | | Act, is determined to be ineligible for a distributor's permit |
25 | | under this Act as provided in this Section, or notifies the |
26 | | Department in writing of his or her desire to have the permit |
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1 | | canceled. The Department shall have the power, in its |
2 | | discretion, to issue a new permit after such suspension, |
3 | | cancellation, or revocation, except when the person who would |
4 | | receive the permit is ineligible to receive a distributor's |
5 | | permit under this Act. |
6 | | All permits issued by the Department under this Act shall |
7 | | be valid for a period not to exceed one year after issuance |
8 | | unless sooner revoked, canceled, or suspended as provided in |
9 | | this Act. |
10 | | (Source: P.A. 96-782, eff. 1-1-10.)
|
11 | | (35 ILCS 130/4c) |
12 | | Sec. 4c. Secondary distributor's license. No person may |
13 | | engage in business as a secondary distributor of cigarettes in |
14 | | this State without first having obtained a license therefor |
15 | | from the Department. Application for license shall be made to |
16 | | the Department on a form as furnished and prescribed by the |
17 | | Department. Each applicant for a license under this Section |
18 | | shall furnish the following information to the Department on a |
19 | | form signed and verified by the applicant under penalty of |
20 | | perjury: |
21 | | (1) the name and address of the applicant; |
22 | | (2) the address of the location at which the applicant |
23 | | proposes to engage in business as a secondary distributor |
24 | | of cigarettes in this State; and |
25 | | (3) such other additional information as the |
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1 | | Department may reasonably require. |
2 | | The annual license fee payable to the Department for each |
3 | | secondary distributor's license shall be $250. Each applicant |
4 | | for a license shall pay such fee to the Department at the time |
5 | | of submitting an application for license to the Department. |
6 | | A separate application for license shall be made and |
7 | | separate annual license fee paid for each place of business at |
8 | | which a person who is required to procure a secondary |
9 | | distributor's license under this Section proposes to engage in |
10 | | business as a secondary distributor in Illinois under this Act. |
11 | | The following are ineligible to receive a secondary |
12 | | distributor's license under this Act: |
13 | | (1) a person who is not of good character and |
14 | | reputation in the community in which he resides ; the |
15 | | Department may consider past conviction of a felony but the |
16 | | conviction shall not operate as an absolute bar to |
17 | | receiving a license ; |
18 | | (2) a person who has been convicted of a felony under |
19 | | any federal or State law, if the Department, after |
20 | | investigation and a hearing and consideration of the |
21 | | mitigating factors provided in subsection (b) of Section 4i |
22 | | of this Act , if requested by the applicant, determines that |
23 | | such person has not been sufficiently rehabilitated to |
24 | | warrant the public trust and the conviction will impair the |
25 | | ability of the person to engage in the position for which a |
26 | | license is sought ; |
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1 | | (3) a corporation, if any officer, manager, or director |
2 | | thereof, or any stockholder or stockholders owning in the |
3 | | aggregate more than 5% of the stock of such corporation, |
4 | | would not be eligible to receive a license under this Act |
5 | | for any reason; |
6 | | (4) a person who manufactures cigarettes, whether in |
7 | | this State or out of this State; |
8 | | (5) a person, or any person who owns more than 15% of |
9 | | the ownership interests in a person or a related party who: |
10 | | (A) owes, at the time of application, any |
11 | | delinquent cigarette taxes that have been determined |
12 | | by law to be due and unpaid, unless the license |
13 | | applicant has entered into an agreement approved by the |
14 | | Department to pay the amount due; |
15 | | (B) had a license under this Act revoked within the |
16 | | past two years by the Department or has been convicted |
17 | | of a State or federal crime, punishable by imprisonment |
18 | | of one year or more, relating to stolen or contraband |
19 | | cigarettes; |
20 | | (C) has been found by the Department, after notice |
21 | | and a hearing, to have imported or caused to be |
22 | | imported into the United States for sale or |
23 | | distribution any cigarette in violation of 19 U.S.C. |
24 | | 1681a; |
25 | | (D) has been found by the Department, after notice |
26 | | and a hearing, to have imported or caused to be |
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1 | | imported into the United States for sale or |
2 | | distribution or manufactured for sale or distribution |
3 | | in the United States any cigarette that does not fully |
4 | | comply with the Federal Cigarette Labeling and |
5 | | Advertising Act (15 U.S.C. 1331, et seq.); or |
6 | | (E) has been found by the Department, after notice |
7 | | and a hearing, to have made a material false statement |
8 | | in the application or has failed to produce records |
9 | | required to be maintained by this Act. |
10 | | The Department, upon receipt of an application and license |
11 | | fee from a person who is eligible to receive a secondary |
12 | | distributor's license under this Act, shall issue to such |
13 | | applicant a license in such form as prescribed by the |
14 | | Department. The license shall permit the applicant to which it |
15 | | is issued to engage in business as a secondary distributor at |
16 | | the place shown in his application. All licenses issued by the |
17 | | Department under this Act shall be valid for a period not to |
18 | | exceed one year after issuance unless sooner revoked, canceled, |
19 | | or suspended as provided in this Act. No license issued under |
20 | | this Act is transferable or assignable. Such license shall be |
21 | | conspicuously displayed in the place of business conducted by |
22 | | the licensee in Illinois under such license. No secondary |
23 | | distributor licensee acquires any vested interest or |
24 | | compensable property right in a license issued under this Act. |
25 | | A licensed secondary distributor shall notify the |
26 | | Department of any change in the information contained on the |
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1 | | application form, including any change in ownership, and shall |
2 | | do so within 30 days after any such change. |
3 | | Any person aggrieved by any decision of the Department |
4 | | under this Section may, within 20 days after notice of the |
5 | | decision, protest and request a hearing. Upon receiving a |
6 | | request for a hearing, the Department shall give notice to the |
7 | | person requesting the hearing of the time and place fixed for |
8 | | the hearing and shall hold a hearing in conformity with the |
9 | | provisions of this Act and then issue its final administrative |
10 | | decision in the matter to that person. In the absence of a |
11 | | protest and request for a hearing within 20 days, the |
12 | | Department's decision shall become final without any further |
13 | | determination being made or notice given.
|
14 | | (Source: P.A. 96-1027, eff. 7-12-10.) |
15 | | (35 ILCS 130/4i new) |
16 | | Sec. 4i. Applicant convictions. |
17 | | (a) The Department shall not require applicants to report |
18 | | the following information and shall not consider the following |
19 | | criminal history records in connection with an application for |
20 | | a license or permit under this Act: |
21 | | (1) Juvenile adjudications of delinquent minors as |
22 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
23 | | subject to the restrictions set forth in Section 5-130 of |
24 | | the Juvenile Court Act of 1987. |
25 | | (2) Law enforcement, court records, and conviction |
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1 | | records of an individual who was 17 years old at the time |
2 | | of the offense and before January 1, 2014, unless the |
3 | | nature of the offense required the individual to be tried |
4 | | as an adult. |
5 | | (3) Records of arrest not followed by a conviction. |
6 | | (4) Convictions overturned by a higher court. |
7 | | (5) Convictions or arrests that have been sealed or |
8 | | expunged. |
9 | | (b) The Department, upon a finding that an applicant for a |
10 | | license or permit was previously convicted of a felony under |
11 | | any federal or State law, shall consider any mitigating factors |
12 | | and evidence of rehabilitation contained in such applicant's |
13 | | record, including any of the following factors and evidence, to |
14 | | determine if the applicant has been sufficiently rehabilitated |
15 | | and whether a prior conviction will impair the ability of the |
16 | | applicant to engage in the position for which a license or |
17 | | permit is sought: |
18 | | (1) the lack of direct relation of the offense for |
19 | | which the applicant was previously convicted to the duties, |
20 | | functions, and responsibilities of the position for which a |
21 | | license or permit is sought; |
22 | | (2) whether 5 years since a felony conviction or 3 |
23 | | years since release from confinement for the conviction, |
24 | | whichever is later, have passed without a subsequent |
25 | | conviction; |
26 | | (3) if the applicant was previously licensed or |
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1 | | employed in this State or other state or jurisdictions, |
2 | | then the lack of prior misconduct arising from or related |
3 | | to the licensed position or position of employment; |
4 | | (4) the age of the person at the time of the criminal |
5 | | offense; |
6 | | (5) successful completion of sentence and, for |
7 | | applicants serving a term of parole or probation, a |
8 | | progress report provided by the applicant's probation or |
9 | | parole officer that documents the applicant's compliance |
10 | | with conditions of supervision; |
11 | | (6) evidence of the applicant's present fitness and |
12 | | professional character; |
13 | | (7) evidence of rehabilitation or rehabilitative |
14 | | effort during or after incarceration, or during or after a |
15 | | term of supervision, including, but not limited to, a |
16 | | certificate of good conduct under Section 5-5.5-25 of the |
17 | | Unified Code of Corrections or a certificate of relief from |
18 | | disabilities under Section 5-5.5-10 of the Unified Code of |
19 | | Corrections; and |
20 | | (8) any other mitigating factors that contribute to the |
21 | | person's potential and current ability to perform the |
22 | | duties and responsibilities of the position for which a |
23 | | license, permit or employment is sought. |
24 | | (c) If the Department refuses to issue a license or permit |
25 | | to an applicant, then the Department shall notify the applicant |
26 | | of the denial in writing with the following included in the |
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1 | | notice of denial: |
2 | | (1) a statement about the decision to refuse to issue a |
3 | | license or permit; |
4 | | (2) a list of the convictions that the Department |
5 | | determined will impair the applicant's ability to engage in |
6 | | the position for which a license or permit is sought; |
7 | | (3) a list of convictions that formed the sole or |
8 | | partial basis for the refusal to issue a license or permit; |
9 | | and |
10 | | (4) a summary of the appeal process or the earliest the |
11 | | applicant may reapply for a license, whichever is |
12 | | applicable. |
13 | | (d) No later than May 1 of each year, the Department must |
14 | | prepare, publicly announce, and publish a report of summary |
15 | | statistical information relating to new and renewal license or |
16 | | permit applications during the preceding calendar year. Each |
17 | | report shall show, at a minimum: |
18 | | (1) the number of applicants for a new or renewal |
19 | | license or permit under this Act within the previous |
20 | | calendar year; |
21 | | (2) the number of applicants for a new or renewal |
22 | | license or permit under this Act within the previous |
23 | | calendar year who had any criminal conviction; |
24 | | (3) the number of applicants for a new or renewal |
25 | | license or permit under this Act in the previous calendar |
26 | | year who were granted a license or permit; |
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1 | | (4) the number of applicants for a new or renewal |
2 | | license or permit with a criminal conviction who were |
3 | | granted a license or permit under this Act within the |
4 | | previous calendar year; |
5 | | (5) the number of applicants for a new or renewal |
6 | | license or permit under this Act within the previous |
7 | | calendar year who were denied a license or permit; |
8 | | (6) the number of applicants for a new or renewal |
9 | | license or permit with a criminal conviction who were |
10 | | denied a license or permit under this Act in the previous |
11 | | calendar year in whole or in part because of a prior |
12 | | conviction; |
13 | | (7) the number of licenses or permits issued on |
14 | | probation without monitoring under this Act in the previous |
15 | | calendar year to applicants with a criminal conviction; and |
16 | | (8) the number of licenses or permits issued on |
17 | | probation with monitoring under this Act in the previous |
18 | | calendar year to applicants with a criminal conviction. |
19 | | Section 20. The Counties Code is amended by changing |
20 | | Section 5-10004 and by adding Section 5-10004a as follows:
|
21 | | (55 ILCS 5/5-10004) (from Ch. 34, par. 5-10004)
|
22 | | Sec. 5-10004. Qualifications for license. A license to |
23 | | operate
or maintain a dance hall may be issued by the county |
24 | | board to any citizen,
firm or corporation of the State, who
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1 | | (1) Submits a written application for a license, which |
2 | | application shall
state, and the applicant shall state under |
3 | | oath:
|
4 | | (a) The name, address, and residence of the applicant, |
5 | | and the length of
time he has lived at that residence ; :
|
6 | | (b) The place of birth of the applicant, and if the |
7 | | applicant is a
naturalized citizen, the time and place of |
8 | | such naturalization;
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9 | | (c) Whether the applicant has a prior felony |
10 | | conviction; and That the applicant has never been convicted |
11 | | of a felony, or of a
misdemeanor punishable under the laws |
12 | | of this State by a minimum
imprisonment of six months or |
13 | | longer.
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14 | | (d) The location of the place or building where the |
15 | | applicant intends to
operate or maintain the dance hall.
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16 | | (2) And who establishes:
|
17 | | (a) That he is a person of good moral character; and
|
18 | | (b) that the place or building where the dance hall or |
19 | | road house is to
be operated or maintained, reasonably |
20 | | conforms to all laws, and health and
fire regulations |
21 | | applicable thereto, and is properly ventilated and
|
22 | | supplied with separate and sufficient toilet arrangements |
23 | | for each sex, and
is a safe and proper place or building |
24 | | for a public dance hall or road
house.
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25 | | (Source: P.A. 86-962.)
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1 | | (55 ILCS 5/5-10004a new) |
2 | | Sec. 5-10004a. Applicant convictions. |
3 | | (a) Applicants shall not be required to report the |
4 | | following information and the following information shall not |
5 | | be considered in connection with an application for a license |
6 | | under this Act: |
7 | | (1) Juvenile adjudications of delinquent minors, as |
8 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
9 | | subject to the restrictions set forth in Section 5-130 |
10 | | Juvenile Court Act of 1987. |
11 | | (2) Law enforcement, court records, and conviction |
12 | | records of an individual who was 17 years old at the time |
13 | | of the offense and before January 1, 2014, unless the |
14 | | nature of the offense required the individual to be tried |
15 | | as an adult. |
16 | | (3) Records of arrest not followed by a conviction. |
17 | | (4) Convictions overturned by a higher court. |
18 | | (5) Convictions or arrests that have been sealed or |
19 | | expunged. |
20 | | (b) No application for a license under this Division shall |
21 | | be denied by reason of a finding of lack of "good moral |
22 | | character" when the finding is based upon the fact that the |
23 | | applicant has previously been convicted of one or more criminal |
24 | | offenses. |
25 | | (c) The county board, upon finding that an applicant for a |
26 | | license under this Act has a prior conviction for a felony, |
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1 | | shall consider any evidence of rehabilitation and mitigating |
2 | | factors contained in the applicant's record, including any of |
3 | | the following factors and evidence, to determine if the |
4 | | conviction will impair the ability of the applicant to engage |
5 | | in the position for which a license is sought: |
6 | | (1) the lack of direct relation of the offense for |
7 | | which the applicant was previously convicted to the duties, |
8 | | functions, and responsibilities of the position for which a |
9 | | license is sought; |
10 | | (2) whether 5 years since a felony conviction or 3 |
11 | | years since release from confinement for the conviction, |
12 | | whichever is later, have passed without a subsequent |
13 | | conviction; |
14 | | (3) if the applicant was previously licensed or |
15 | | employed in this State or other state or jurisdictions, |
16 | | then the lack of prior misconduct arising from or related |
17 | | to the licensed position or position of employment; |
18 | | (4) the age of the person at the time of the criminal |
19 | | offense; |
20 | | (5) successful completion of sentence and, for |
21 | | applicants serving a term of parole or probation, a |
22 | | progress report provided by the applicant's probation or |
23 | | parole officer that documents the applicant's compliance |
24 | | with conditions of supervision; |
25 | | (6) evidence of the applicant's present fitness and |
26 | | professional character; |
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1 | | (7) evidence of rehabilitation or rehabilitative |
2 | | effort during or after incarceration, or during or after a |
3 | | term of supervision, including but not limited to a |
4 | | certificate of good conduct under Section 5-5.5-25 of the |
5 | | Unified Code of Corrections or a certificate of relief from |
6 | | disabilities under Section 5-5.5-10 of the Unified Code of |
7 | | Corrections; and |
8 | | (8) any other mitigating factors that contribute to the |
9 | | person's potential and current ability to perform the |
10 | | duties and responsibilities of the position for which a |
11 | | license or employment is sought. |
12 | | (d) If the county board refuses to issue a license to an |
13 | | applicant, then the county board shall notify the applicant of |
14 | | the denial in writing with the following included in the notice |
15 | | of denial: |
16 | | (1) a statement about the decision to refuse to issue a |
17 | | license; |
18 | | (2) a list of the convictions that the county board |
19 | | determined will impair the applicant's ability to engage in |
20 | | the position for which a license is sought; |
21 | | (3) a list of convictions that formed the sole or |
22 | | partial basis for the refusal to issue a license; and |
23 | | (4) a summary of the appeal process or the earliest the |
24 | | applicant may reapply for a license, whichever is |
25 | | applicable. |
26 | | (e) No later than May 1 of each year, the board must |
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1 | | prepare, publicly announce, and publish a report of summary |
2 | | statistical information relating to new and renewal license |
3 | | applications during the preceding calendar year. Each report |
4 | | shall show, at a minimum: |
5 | | (1) the number of applicants for a new or renewal |
6 | | license under this Act within the previous calendar year; |
7 | | (2) the number of applicants for a new or renewal |
8 | | license under this Act within the previous calendar year |
9 | | who had any criminal conviction; |
10 | | (3) the number of applicants for a new or renewal |
11 | | license under this Act in the previous calendar year who |
12 | | were granted a license; |
13 | | (4) the number of applicants for a new or renewal |
14 | | license with a criminal conviction who were granted a |
15 | | license under this Act within the previous calendar year; |
16 | | (5) the number of applicants for a new or renewal |
17 | | license under this Act within the previous calendar year |
18 | | who were denied a license; |
19 | | (6) the number of applicants for a new or renewal |
20 | | license with a criminal conviction who were denied a |
21 | | license under this Act in the previous calendar year in |
22 | | whole or in part because of a prior conviction; |
23 | | (7) the number of licenses issued on probation without |
24 | | monitoring under this Act in the previous calendar year to |
25 | | applicants with a criminal conviction; and |
26 | | (8) the number of licenses issued on probation with |
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1 | | monitoring under this Act in the previous calendar year to |
2 | | applicants with a criminal conviction. |
3 | | Section 30. The Clinical Social Work and Social Work |
4 | | Practice Act is amended by changing Section 19 and by adding |
5 | | Section 9A.1 as follows: |
6 | | (225 ILCS 20/9A.1 new) |
7 | | Sec. 9A.1. Applicant convictions. |
8 | | (a) The Department and the Board shall not require |
9 | | applicants to report information about the following and shall |
10 | | not consider the following criminal history records in |
11 | | connection with an application for licensure: |
12 | | (1) Juvenile adjudications of delinquent minors as |
13 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
14 | | subject to the restrictions set forth in Section 5-130 of |
15 | | the Juvenile Court Act of 1987. |
16 | | (2) Law enforcement records, court records, and |
17 | | conviction records of an individual who was 17 years old at |
18 | | the time of the offense and before January 1, 2014, unless |
19 | | the nature of the offense required the individual to be |
20 | | tried as an adult. |
21 | | (3) Records of arrest not followed by a charge or |
22 | | conviction unless related to the practice of the |
23 | | profession. |
24 | | (4) Records of arrest where charges were dismissed |
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1 | | unless related to the practice of the profession. However, |
2 | | applicants shall not be asked to report any arrests, and |
3 | | any arrest not followed by a conviction shall not be the |
4 | | basis of a denial and may be used only to assess an |
5 | | applicant's rehabilitation. |
6 | | (5) Convictions overturned by a higher court. |
7 | | (6) Convictions or arrests that have been sealed or |
8 | | expunged. |
9 | | (b) Except as provided in Section 2105-165 of the |
10 | | Department of Professional Regulation Law, the Department, |
11 | | upon a finding that an applicant for a license was previously |
12 | | convicted of any felony or misdemeanor directly related to the |
13 | | practice of the profession, shall consider any mitigating |
14 | | factors and evidence of rehabilitation contained in such |
15 | | applicant's record, including any of the following factors and |
16 | | evidence, to determine whether a prior conviction will impair |
17 | | the ability of the applicant to engage in the position for |
18 | | which a license is sought: |
19 | | (1) the lack of direct relation of the offense for |
20 | | which the applicant was previously convicted to the duties, |
21 | | functions, and responsibilities of the position for which a |
22 | | license is sought; |
23 | | (2) whether 5 years since a felony conviction or 3 |
24 | | years since release from confinement for the conviction, |
25 | | whichever is later, have passed without a subsequent |
26 | | conviction; |
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1 | | (3) if the applicant was previously licensed or |
2 | | employed in this State or other state or jurisdictions, |
3 | | then the lack of prior misconduct arising from or related |
4 | | to the licensed position or position of employment; |
5 | | (4) the age of the person at the time of the criminal |
6 | | offense; |
7 | | (5) successful completion of sentence and, for |
8 | | applicants serving a term of parole or probation, a |
9 | | progress report provided by the applicant's probation or |
10 | | parole officer that documents the applicant's compliance |
11 | | with conditions of supervision; |
12 | | (6) evidence of the applicant's present fitness and |
13 | | professional character; |
14 | | (7) evidence of rehabilitation or rehabilitative |
15 | | effort during or after incarceration, or during or after a |
16 | | term of supervision, including, but not limited to, a |
17 | | certificate of good conduct under Section 5-5.5-25 of the |
18 | | Unified Code of Corrections or a certificate of relief from |
19 | | disabilities under Section 5-5.5-10 of the Unified Code of |
20 | | Corrections; and |
21 | | (8) any other mitigating factors that contribute to the |
22 | | person's potential and current ability to perform the |
23 | | duties and responsibilities of the position for which a |
24 | | license or employment is sought. |
25 | | (c) If the Department refuses to grant a license to an |
26 | | applicant based, in whole or in part, upon a conviction or |
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1 | | convictions, then the Department shall notify the applicant of |
2 | | the denial in writing with the following included in the notice |
3 | | of denial: |
4 | | (1) a statement about the decision to refuse to issue a |
5 | | license; |
6 | | (2) a list of the convictions that the Department |
7 | | determined will impair the applicant's ability to engage in |
8 | | the position for which a license is sought; |
9 | | (3) a list of the convictions that form the sole or |
10 | | partial basis for the refusal to issue a license; and |
11 | | (4) a summary of the appeal process or the earliest the |
12 | | applicant may reapply for a license, whichever is |
13 | | applicable. |
14 | | (d) No later than May 1 of each year, the Department must |
15 | | prepare, publicly announce, and publish a report of summary |
16 | | statistical information relating to new license applications |
17 | | during the preceding calendar year. Each report shall show, at |
18 | | a minimum: |
19 | | (1) the number of applicants for a new license under |
20 | | this Act within the previous calendar year; |
21 | | (2) the number of applicants for a new license under |
22 | | this Act within the previous calendar year who had any |
23 | | criminal conviction; |
24 | | (3) the number of applicants for a new license under |
25 | | this Act in the previous calendar year who were granted a |
26 | | license; |
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1 | | (4) the number of applicants for a new license with a |
2 | | criminal conviction who were granted a license under this |
3 | | Act within the previous calendar year; |
4 | | (5) the number of applicants for a new license under |
5 | | this Act within the previous calendar year who were denied |
6 | | a license; |
7 | | (6) the number of applicants for a new license with a |
8 | | criminal conviction who were denied a license under this |
9 | | Act in the previous calendar year in part or in whole |
10 | | because of a prior conviction; and |
11 | | (7) the number of licenses issued on probation under |
12 | | this Act in the previous calendar year to applicants with a |
13 | | criminal conviction.
|
14 | | (225 ILCS 20/19) (from Ch. 111, par. 6369)
|
15 | | (Section scheduled to be repealed on January 1, 2018)
|
16 | | Sec. 19. Grounds for disciplinary action.
|
17 | | (1) The Department may refuse to issue, refuse to renew, |
18 | | suspend, or
revoke any license, or may place on probation, |
19 | | censure, reprimand, or take
other disciplinary or |
20 | | non-disciplinary action deemed appropriate by the Department, |
21 | | including the
imposition of fines not to exceed $10,000
for |
22 | | each violation, with regard to any
license issued under the |
23 | | provisions of this Act for any one or a combination of
the |
24 | | following reasons:
|
25 | | (a) material misstatements of fact in furnishing |
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1 | | information to the
Department or to any other State agency |
2 | | or in furnishing information to any
insurance company with |
3 | | respect to a claim on behalf of a licensee or a patient;
|
4 | | (b) violations or negligent or intentional disregard |
5 | | of this Act, or any
of the rules promulgated hereunder;
|
6 | | (c) for licensees, conviction of or entry of a plea of |
7 | | guilty or nolo contendere to any crime that is a felony |
8 | | under the laws of the United States or any
state or |
9 | | territory thereof or that is a misdemeanor, of
which an |
10 | | essential
element is dishonesty, or any crime that is |
11 | | directly related
to the practice of the clinical social |
12 | | work or social work professions ; for applicants, the |
13 | | provisions of Section 9A.1 apply ;
|
14 | | (d) making any misrepresentation for the purpose of |
15 | | obtaining licenses,
or violating any provision of this Act |
16 | | or any of the rules promulgated
hereunder;
|
17 | | (e) professional incompetence;
|
18 | | (f) malpractice;
|
19 | | (g) aiding or assisting another person in violating any |
20 | | provision of this
Act or any rules;
|
21 | | (h) failing to provide information within 30 days in |
22 | | response to a
written request made by the Department;
|
23 | | (i) engaging in dishonorable, unethical or |
24 | | unprofessional conduct of a
character likely to deceive, |
25 | | defraud or harm the public as defined by the
rules of the |
26 | | Department, or violating the rules of professional conduct
|
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1 | | adopted by the Board and published by the Department;
|
2 | | (j) habitual
or excessive use or addiction to alcohol, |
3 | | narcotics, stimulants, or any other
chemical agent or drug |
4 | | that results in a clinical social worker's or social
|
5 | | worker's inability to practice
with reasonable judgment, |
6 | | skill, or safety;
|
7 | | (k) discipline by another jurisdiction, if at least one |
8 | | of the grounds
for the discipline is the same or |
9 | | substantially equivalent to those set
forth in this |
10 | | Section;
|
11 | | (l) directly or indirectly giving to or receiving from |
12 | | any person, firm,
corporation, partnership, or association |
13 | | any fee, commission, rebate or
other form of compensation |
14 | | for any professional service not actually rendered. |
15 | | Nothing in this paragraph (l) affects any bona fide |
16 | | independent contractor or employment arrangements among |
17 | | health care professionals, health facilities, health care |
18 | | providers, or other entities, except as otherwise |
19 | | prohibited by law. Any employment arrangements may include |
20 | | provisions for compensation, health insurance, pension, or |
21 | | other employment benefits for the provision of services |
22 | | within the scope of the licensee's practice under this Act. |
23 | | Nothing in this paragraph (l) shall be construed to require |
24 | | an employment arrangement to receive professional fees for |
25 | | services rendered;
|
26 | | (m) a finding by the Board that the licensee, after |
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1 | | having the license
placed on probationary status, has |
2 | | violated the terms of probation;
|
3 | | (n) abandonment, without cause, of a client;
|
4 | | (o) wilfully filing false reports relating to a |
5 | | licensee's practice,
including but not limited to false |
6 | | records filed with Federal or State
agencies or |
7 | | departments;
|
8 | | (p) wilfully failing to report an instance of suspected |
9 | | child abuse or
neglect as required by the Abused and |
10 | | Neglected Child Reporting Act;
|
11 | | (q) being named as a perpetrator in an indicated report |
12 | | by the
Department of Children and Family Services under the |
13 | | Abused and
Neglected Child Reporting Act, and upon proof by |
14 | | clear and convincing evidence
that the licensee has caused |
15 | | a child to be or failed to take reasonable steps to prevent |
16 | | a child from being an abused child or neglected child
as |
17 | | defined in the Abused and Neglected Child Reporting Act;
|
18 | | (r) physical illness, mental illness, or any other |
19 | | impairment or disability, including, but not limited to,
|
20 | | deterioration through the
aging process, or loss of motor |
21 | | skills that results in the inability
to practice the |
22 | | profession with reasonable judgment, skill or safety;
|
23 | | (s) solicitation of professional services by using |
24 | | false or
misleading advertising; or
|
25 | | (t) violation of the Health Care Worker Self-Referral |
26 | | Act.
|
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1 | | (2) (Blank).
|
2 | | (3) The determination by a court that a licensee is subject |
3 | | to
involuntary
admission or judicial admission as provided in |
4 | | the Mental Health and
Developmental Disabilities Code, will |
5 | | result in an automatic suspension of his
license. Such |
6 | | suspension will end upon a finding by a court that the licensee
|
7 | | is no longer subject to involuntary admission or judicial |
8 | | admission and issues
an order so finding and discharging the |
9 | | patient, and upon the recommendation of
the Board to the |
10 | | Secretary that the licensee be allowed to resume professional
|
11 | | practice.
|
12 | | (4) The Department may refuse to issue or renew or may |
13 | | suspend the license of a
person who (i) fails to file a return, |
14 | | pay the tax, penalty, or interest shown in a
filed return, or |
15 | | pay any final assessment of tax, penalty, or interest, as
|
16 | | required by any tax Act administered by the Department of |
17 | | Revenue,
until the requirements of the tax Act are satisfied or |
18 | | (ii) has failed to pay any court-ordered child support as |
19 | | determined by a court order or by
referral from the Department |
20 | | of Healthcare and Family Services.
|
21 | | (5) In enforcing this Section, the Board upon a showing of |
22 | | a possible
violation may compel a person licensed to practice |
23 | | under this Act, or
who has applied for licensure or |
24 | | certification pursuant to this Act, to submit
to a mental or |
25 | | physical examination, or both, as required by and at the |
26 | | expense
of the Department. The examining physicians
shall be |
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1 | | those specifically designated by the Board.
The Board or the |
2 | | Department may order the examining physician
to present |
3 | | testimony concerning this mental or physical
examination
of the |
4 | | licensee or applicant. No information shall be excluded by |
5 | | reason of
any common law or statutory privilege relating to |
6 | | communications between the
licensee or applicant and the |
7 | | examining physician.
The person to be examined may have, at his |
8 | | or her own expense, another
physician of his or her choice |
9 | | present during all
aspects of the examination. Failure of any |
10 | | person to submit to a mental or
physical examination, when |
11 | | directed, shall be grounds for suspension of a
license until |
12 | | the person submits to the examination if the Board finds,
after |
13 | | notice and hearing, that the refusal to submit to the |
14 | | examination was
without reasonable cause.
|
15 | | If the Board finds a person unable to practice because of |
16 | | the reasons
set forth in this Section, the Board may require |
17 | | that person to submit to
care, counseling, or treatment by |
18 | | physicians
approved
or designated by the Board, as a condition, |
19 | | term, or restriction for continued,
reinstated, or
renewed |
20 | | licensure to practice; or, in lieu of care, counseling or |
21 | | treatment,
the
Board may recommend to the Department to file a |
22 | | complaint to immediately
suspend, revoke or otherwise |
23 | | discipline the license of the person.
Any person whose
license |
24 | | was granted, continued, reinstated, renewed, disciplined or |
25 | | supervised
subject to such terms, conditions or restrictions, |
26 | | and who fails to comply with
such terms, conditions, or |
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1 | | restrictions, shall be referred to the Secretary for
a
|
2 | | determination as to whether the person shall have his or her |
3 | | license
suspended immediately, pending a hearing by the Board.
|
4 | | In instances in which the Secretary immediately suspends a |
5 | | person's license
under this Section, a hearing on that person's |
6 | | license must be convened by
the Board within 30 days after the |
7 | | suspension and completed without appreciable
delay.
The Board |
8 | | shall have the authority to review the subject person's record |
9 | | of
treatment and counseling regarding the impairment, to the |
10 | | extent permitted by
applicable federal statutes and |
11 | | regulations safeguarding the confidentiality of
medical |
12 | | records.
|
13 | | A person licensed under this Act and affected under this |
14 | | Section shall
be
afforded an opportunity to demonstrate to the |
15 | | Board that he or she can resume
practice in compliance with |
16 | | acceptable and prevailing standards under the
provisions of his |
17 | | or her license.
|
18 | | (Source: P.A. 98-756, eff. 7-16-14.)
|
19 | | Section 35. The Dietitian Nutritionist Practice Act is |
20 | | amended by changing Section 95 and by adding Section 96 as |
21 | | follows:
|
22 | | (225 ILCS 30/95) (from Ch. 111, par. 8401-95)
|
23 | | (Section scheduled to be repealed on January 1, 2023)
|
24 | | Sec. 95. Grounds for discipline.
|
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1 | | (1) The Department may refuse to issue or
renew, or may |
2 | | revoke, suspend, place on probation, reprimand, or take other
|
3 | | disciplinary or non-disciplinary action as the Department may |
4 | | deem appropriate, including imposing fines not to
exceed |
5 | | $10,000 for each violation, with regard to any license or |
6 | | certificate for
any one or combination of the following causes:
|
7 | | (a) Material misstatement in furnishing information to |
8 | | the Department.
|
9 | | (b) Violations of this Act or of
rules adopted under |
10 | | this Act.
|
11 | | (c) For licensees, conviction Conviction by plea of |
12 | | guilty or nolo contendere, finding of guilt, jury verdict, |
13 | | or entry of judgment or by sentencing of any crime, |
14 | | including, but not limited to, convictions, preceding |
15 | | sentences of supervision, conditional discharge, or first |
16 | | offender probation, under the laws of any jurisdiction of |
17 | | the United States (i) that is a felony or (ii) that is a |
18 | | misdemeanor, an essential element of which is dishonesty, |
19 | | or that is directly related to the practice of the |
20 | | profession. For applicants, the provisions of Section 96 |
21 | | apply.
|
22 | | (d) Fraud or any misrepresentation in applying for or |
23 | | procuring a license under this Act or in connection with |
24 | | applying for renewal of a license under this Act.
|
25 | | (e) Professional incompetence or gross negligence.
|
26 | | (f) Malpractice.
|
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1 | | (g) Aiding or assisting another person in violating any |
2 | | provision of
this Act or its rules.
|
3 | | (h) Failing to provide information within 60 days in |
4 | | response to a
written request made by the Department.
|
5 | | (i) Engaging in dishonorable, unethical or |
6 | | unprofessional conduct of a
character likely to deceive, |
7 | | defraud, or harm the public.
|
8 | | (j) Habitual or excessive use or abuse of drugs defined |
9 | | in law as controlled substances, alcohol, or any other |
10 | | substance that results in the
inability to practice with |
11 | | reasonable judgment, skill, or safety.
|
12 | | (k) Discipline by another state, the District of |
13 | | Columbia, territory, country, or governmental agency if at |
14 | | least one
of the grounds for the discipline is the same or |
15 | | substantially equivalent
to those set forth in this Act.
|
16 | | (l) Charging for professional services not rendered, |
17 | | including filing false statements for the collection of |
18 | | fees for which services are not rendered. Nothing in this |
19 | | paragraph (1) affects any bona fide independent contractor |
20 | | or employment arrangements among health care |
21 | | professionals, health facilities, health care providers, |
22 | | or other entities, except as otherwise prohibited by law. |
23 | | Any employment arrangements may include provisions for |
24 | | compensation, health insurance, pension, or other |
25 | | employment benefits for the provision of services within |
26 | | the scope of the licensee's practice under this Act. |
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1 | | Nothing in this paragraph (1) shall be construed to require |
2 | | an employment arrangement to receive professional fees for |
3 | | services rendered.
|
4 | | (m) A finding by the Department that the licensee, |
5 | | after having his or her
license placed on probationary |
6 | | status, has violated the terms of probation.
|
7 | | (n) Willfully making or filing false records or reports |
8 | | in his or her practice, including, but not limited to, |
9 | | false records filed with State agencies or departments.
|
10 | | (o) Allowing one's license under this Act to be used by |
11 | | an unlicensed person in violation of this Act.
|
12 | | (p) Practicing under a false or, except as provided by |
13 | | law, an assumed name.
|
14 | | (q) Gross and willful overcharging for professional |
15 | | services.
|
16 | | (r) (Blank).
|
17 | | (s) Willfully failing to report an instance of |
18 | | suspected child abuse
or neglect as required by the Abused |
19 | | and Neglected Child Reporting Act.
|
20 | | (t) Cheating on or attempting to subvert a licensing |
21 | | examination administered under this Act. |
22 | | (u) Mental illness or disability that results in the |
23 | | inability to practice under this Act with reasonable |
24 | | judgment, skill, or safety. |
25 | | (v) Physical illness, including, but not limited to, |
26 | | deterioration through the aging process or loss of motor |
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1 | | skill that results in a licensee's inability to practice |
2 | | under this Act with reasonable judgment, skill, or safety. |
3 | | (w) Advising an individual to discontinue, reduce, |
4 | | increase, or otherwise alter the intake of a drug |
5 | | prescribed by a physician licensed to practice medicine in |
6 | | all its branches or by a prescriber as defined in Section |
7 | | 102 of the Illinois Controlled Substances Act. |
8 | | (2) The Department may refuse to issue or may suspend |
9 | | without hearing, as provided for in the Code of Civil |
10 | | Procedure, the license of any person who fails to file a |
11 | | return, or pay the tax, penalty, or interest shown in a filed |
12 | | return, or pay any final assessment of the tax, penalty, or |
13 | | interest as required by any tax Act administered by the |
14 | | Illinois Department of Revenue, until such time as the |
15 | | requirements of any such tax Act are satisfied in accordance |
16 | | with subsection (g) of Section 2105-15 of the Civil |
17 | | Administrative Code of Illinois. |
18 | | (3) The Department shall deny a license or renewal |
19 | | authorized by this Act to a person who has defaulted on an |
20 | | educational loan or scholarship provided or guaranteed by the |
21 | | Illinois Student Assistance Commission or any governmental |
22 | | agency of this State in accordance with item (5) of subsection |
23 | | (a) of Section 2105-15 of the Civil Administrative Code of |
24 | | Illinois. |
25 | | (4) In cases where the Department of Healthcare and Family |
26 | | Services has previously determined a licensee or a potential |
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1 | | licensee is more than 30 days delinquent in the payment of |
2 | | child support and has subsequently certified the delinquency to |
3 | | the Department, the Department may refuse to issue or renew or |
4 | | may revoke or suspend that person's license or may take other |
5 | | disciplinary action against that person based solely upon the |
6 | | certification of delinquency made by the Department of |
7 | | Healthcare and Family Services in accordance with item (5) of |
8 | | subsection (a) of Section 2105-15 of the Civil Administrative |
9 | | Code of Illinois. |
10 | | (5) The determination by a circuit court that a licensee is |
11 | | subject to involuntary admission or judicial admission, as |
12 | | provided in the Mental Health and Developmental Disabilities |
13 | | Code, operates as an automatic suspension. The suspension shall |
14 | | end only upon a finding by a court that the patient is no |
15 | | longer subject to involuntary admission or judicial admission |
16 | | and the issuance of an order so finding and discharging the |
17 | | patient. |
18 | | (6) In enforcing this Act, the Department, upon a showing |
19 | | of a possible violation, may compel an individual licensed to |
20 | | practice under this Act, or who has applied for licensure under |
21 | | this Act, to submit to a mental or physical examination, or |
22 | | both, as required by and at the expense of the Department. The |
23 | | Department may order the examining physician to present |
24 | | testimony concerning the mental or physical examination of the |
25 | | licensee or applicant. No information shall be excluded by |
26 | | reason of any common law or statutory privilege relating to |
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1 | | communications between the licensee or applicant and the |
2 | | examining physician. The examining physicians shall be |
3 | | specifically designated by the Department. The individual to be |
4 | | examined may have, at his or her own expense, another physician |
5 | | of his or her choice present during all aspects of this |
6 | | examination. The examination shall be performed by a physician |
7 | | licensed to practice medicine in all its branches. Failure of |
8 | | an individual to submit to a mental or physical examination, |
9 | | when directed, shall result in an automatic suspension without |
10 | | hearing. |
11 | | A person holding a license under this Act or who has |
12 | | applied for a license under this Act who, because of a physical |
13 | | or mental illness or disability, including, but not limited to, |
14 | | deterioration through the aging process or loss of motor skill, |
15 | | is unable to practice the profession with reasonable judgment, |
16 | | skill, or safety, may be required by the Department to submit |
17 | | to care, counseling, or treatment by physicians approved or |
18 | | designated by the Department as a condition, term, or |
19 | | restriction for continued, reinstated, or renewed licensure to |
20 | | practice. Submission to care, counseling, or treatment as |
21 | | required by the Department shall not be considered discipline |
22 | | of a license. If the licensee refuses to enter into a care, |
23 | | counseling, or treatment agreement or fails to abide by the |
24 | | terms of the agreement, then the Department may file a |
25 | | complaint to revoke, suspend, or otherwise discipline the |
26 | | license of the individual. The Secretary may order the license |
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1 | | suspended immediately, pending a hearing by the Department. |
2 | | Fines shall not be assessed in disciplinary actions involving |
3 | | physical or mental illness or impairment. |
4 | | In instances in which the Secretary immediately suspends a |
5 | | person's license under this Section, a hearing on that person's |
6 | | license must be convened by the Department within 15 days after |
7 | | the suspension and completed without appreciable delay. The |
8 | | Department shall have the authority to review the subject |
9 | | individual's record of treatment and counseling regarding the |
10 | | impairment to the extent permitted by applicable federal |
11 | | statutes and regulations safeguarding the confidentiality of
|
12 | | medical records. |
13 | | An individual licensed under this Act and affected under |
14 | | this Section shall be afforded an opportunity to demonstrate to |
15 | | the Department that he or she can resume practice in compliance |
16 | | with acceptable and prevailing standards under the provisions |
17 | | of his or her license.
|
18 | | (Source: P.A. 97-1141, eff. 12-28-12; 98-148, eff. 8-2-13; |
19 | | 98-756, eff. 7-16-14.)
|
20 | | (225 ILCS 30/96 new) |
21 | | Sec. 96. Applicant convictions. |
22 | | (a) The Department shall not require the applicant to |
23 | | report the following information and shall not consider the |
24 | | following criminal history records in connection with an |
25 | | application for licensure: |
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1 | | (1) Juvenile adjudications of delinquent minors as |
2 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
3 | | subject to the restrictions set forth in Section 5-130 of |
4 | | the Juvenile Court Act of 1987. |
5 | | (2) Law enforcement records, court records, and |
6 | | conviction records of an individual who was 17 years old at |
7 | | the time of the offense and before January 1, 2014, unless |
8 | | the nature of the offense required the individual to be |
9 | | tried as an adult. |
10 | | (3) Records of arrest not followed by a charge or |
11 | | conviction. |
12 | | (4) Records of arrest where charges were dismissed |
13 | | unless related to the practice of the profession. However, |
14 | | applicants shall not be asked to report any arrests, and |
15 | | any arrest not followed by a conviction shall not be the |
16 | | basis of a denial and may be used only to assess an |
17 | | applicant's rehabilitation. |
18 | | (5) Convictions overturned by a higher court. |
19 | | (6) Convictions or arrests that have been sealed or |
20 | | expunged. |
21 | | (b) The Department, upon a finding that an applicant for a |
22 | | license was previously convicted of any felony or misdemeanor |
23 | | directly related to the practice of the profession, shall |
24 | | consider any mitigating factors and evidence of rehabilitation |
25 | | contained in such applicant's record, including any of the |
26 | | following factors and evidence, to determine whether a prior |
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1 | | conviction will impair the ability of the applicant to engage |
2 | | in the position for which a license is sought: |
3 | | (1) the lack of direct relation of the offense for |
4 | | which the applicant was previously convicted to the duties, |
5 | | functions, and responsibilities of the position for which a |
6 | | license is sought; |
7 | | (2) whether 5 years since a felony conviction or 3 |
8 | | years since release from confinement for the conviction, |
9 | | whichever is later, have passed without a subsequent |
10 | | conviction; |
11 | | (3) if the applicant was previously licensed or |
12 | | employed in this State or other state or jurisdictions, |
13 | | then the lack of prior misconduct arising from or related |
14 | | to the licensed position or position of employment; |
15 | | (4) the age of the person at the time of the criminal |
16 | | offense; |
17 | | (5) successful completion of sentence and, for |
18 | | applicants serving a term of parole or probation, a |
19 | | progress report provided by the applicant's probation or |
20 | | parole officer that documents the applicant's compliance |
21 | | with conditions of supervision; |
22 | | (6) evidence of the applicant's present fitness and |
23 | | professional character; |
24 | | (7) evidence of rehabilitation or rehabilitative |
25 | | effort during or after incarceration, or during or after a |
26 | | term of supervision, including, but not limited to, a |
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1 | | certificate of good conduct under Section 5-5.5-25 of the |
2 | | Unified Code of Corrections or a certificate of relief from |
3 | | disabilities under Section 5-5.5-10 of the Unified Code of |
4 | | Corrections; and |
5 | | (8) any other mitigating factors that contribute to the |
6 | | person's potential and current ability to perform the |
7 | | duties and responsibilities of the position for which a |
8 | | license or employment is sought. |
9 | | (c) If the Department refuses to issue a license to an |
10 | | applicant based, in whole or in part, upon a conviction or |
11 | | convictions, then the Department shall notify the applicant of |
12 | | the denial in writing with the following included in the notice |
13 | | of denial: |
14 | | (1) a statement about the decision to refuse to issue a |
15 | | license; |
16 | | (2) a list of convictions that the Department |
17 | | determined will impair the applicant's ability to engage in |
18 | | the position for which a license is sought; |
19 | | (3) a list of convictions that formed the sole or |
20 | | partial basis for the refusal to issue a license; and |
21 | | (4) a summary of the appeal process or the earliest the |
22 | | applicant may reapply for a license, whichever is |
23 | | applicable. |
24 | | (d) No later than May 1 of each year, the Department must |
25 | | prepare, publicly announce, and publish a report of summary |
26 | | statistical information relating to new license applications |
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1 | | during the preceding calendar year. Each report shall show, at |
2 | | a minimum: |
3 | | (1) the number of applicants for a new license under |
4 | | this Act within the previous calendar year; |
5 | | (2) the number of applicants for a new license under |
6 | | this Act within the previous calendar year who had any |
7 | | criminal conviction; |
8 | | (3) the number of applicants for a new license under |
9 | | this Act in the previous calendar year who were granted a |
10 | | license; |
11 | | (4) the number of applicants for a new license with a |
12 | | criminal conviction who were granted a license under this |
13 | | Act within the previous calendar year; |
14 | | (5) the number of applicants for a new license under |
15 | | this Act within the previous calendar year who were denied |
16 | | a license; |
17 | | (6) the number of applicants for a new license with a |
18 | | criminal conviction who were denied a license under this |
19 | | Act in the previous calendar year in part or in whole |
20 | | because of a prior conviction; and |
21 | | (7) the number of licenses issued on probation under |
22 | | this Act in the previous calendar year to applicants with a |
23 | | criminal conviction. |
24 | | Section 40. The Environmental Health Practitioner |
25 | | Licensing Act is amended by changing Section 35 and by adding |
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1 | | Section 32 as follows: |
2 | | (225 ILCS 37/32 new) |
3 | | Sec. 32. Applicant convictions. |
4 | | (a) The Department shall not require the applicant to |
5 | | report the following information and shall not consider the |
6 | | following criminal history records in connection with an |
7 | | application for licensure: |
8 | | (1) Juvenile adjudications of delinquent minors as |
9 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
10 | | subject to the restrictions set forth in Section 5-130 of |
11 | | the Juvenile Court Act of 1987. |
12 | | (2) Law enforcement records, court records, and |
13 | | conviction records of an individual who was 17 years old at |
14 | | the time of the offense and before January 1, 2014, unless |
15 | | the nature of the offense required the individual to be |
16 | | tried as an adult. |
17 | | (3) Records of arrest not followed by a charge or |
18 | | conviction. |
19 | | (4) Records of arrest where charges were dismissed |
20 | | unless related to the practice of the profession. However, |
21 | | applicants shall not be asked to report any arrests, and |
22 | | any arrest not followed by a conviction shall not be the |
23 | | basis of a denial and may be used only to assess an |
24 | | applicant's rehabilitation. |
25 | | (5) Convictions overturned by a higher court. |
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1 | | (6) Convictions or arrests that have been sealed or |
2 | | expunged. |
3 | | (b) The Department, upon a finding that an applicant for a |
4 | | license was previously convicted of any felony or misdemeanor |
5 | | directly related to the practice of the profession, shall |
6 | | consider any mitigating factors and evidence of rehabilitation |
7 | | contained in such applicant's record, including any of the |
8 | | following factors and evidence, to determine whether a prior |
9 | | conviction will impair the ability of the applicant to engage |
10 | | in the position for which a license is sought: |
11 | | (1) the lack of direct relation of the offense for |
12 | | which the applicant was previously convicted to the duties, |
13 | | functions, and responsibilities of the position for which a |
14 | | license is sought; |
15 | | (2) whether 5 years since a felony conviction or 3 |
16 | | years since release from confinement for the conviction, |
17 | | whichever is later, have passed without a subsequent |
18 | | conviction; |
19 | | (3) if the applicant was previously licensed or |
20 | | employed in this State or other state or jurisdictions, |
21 | | then the lack of prior misconduct arising from or related |
22 | | to the licensed position or position of employment; |
23 | | (4) the age of the person at the time of the criminal |
24 | | offense; |
25 | | (5) successful completion of sentence and, for |
26 | | applicants serving a term of parole or probation, a |
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1 | | progress report provided by the applicant's probation or |
2 | | parole officer that documents the applicant's compliance |
3 | | with conditions of supervision; |
4 | | (6) evidence of the applicant's present fitness and |
5 | | professional character; |
6 | | (7) evidence of rehabilitation or rehabilitative |
7 | | effort during or after incarceration, or during or after a |
8 | | term of supervision, including, but not limited to, a |
9 | | certificate of good conduct under Section 5-5.5-25 of the |
10 | | Unified Code of Corrections or a certificate of relief from |
11 | | disabilities under Section 5-5.5-10 of the Unified Code of |
12 | | Corrections; and |
13 | | (8) any other mitigating factors that contribute to the |
14 | | person's potential and current ability to perform the |
15 | | duties and responsibilities of the position for which a |
16 | | license or employment is sought. |
17 | | (c) If the Department refuses to issue a license to an |
18 | | applicant based, in whole or in part, upon a conviction or |
19 | | convictions, then the applicant shall be notified of the denial |
20 | | in writing with the following included in the notice of denial: |
21 | | (1) a statement about the decision to refuse to issue a |
22 | | license; |
23 | | (2) a list of convictions that the Department |
24 | | determined will impair the applicant's ability to engage in |
25 | | the position for which a license is sought; |
26 | | (3) a list of convictions that formed the sole or |
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1 | | partial basis for the refusal to issue a license; and |
2 | | (4) a summary of the appeal process or the earliest the |
3 | | applicant may reapply for a license, whichever is |
4 | | applicable. |
5 | | (d) No later than May 1 of each year, the Department must |
6 | | prepare, publicly announce, and publish a report of summary |
7 | | statistical information relating to new license applications |
8 | | during the preceding calendar year. Each report shall show, at |
9 | | a minimum: |
10 | | (1) the number of applicants for a new license under |
11 | | this Act within the previous calendar year; |
12 | | (2) the number of applicants for a new license under |
13 | | this Act within the previous calendar year who had any |
14 | | criminal conviction; |
15 | | (3) the number of applicants for a new license under |
16 | | this Act in the previous calendar year who were granted a |
17 | | license; |
18 | | (4) the number of applicants for a new license with a |
19 | | criminal conviction who were granted a license under this |
20 | | Act within the previous calendar year; |
21 | | (5) the number of applicants for a new license under |
22 | | this Act within the previous calendar year who were denied |
23 | | a license; |
24 | | (6) the number of applicants for a new license with a |
25 | | criminal conviction who were denied a license under this |
26 | | Act in the previous calendar year in part or in whole |
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1 | | because of a prior conviction; and |
2 | | (7) the number of licenses issued on probation under |
3 | | this Act in the previous calendar year to applicants with a |
4 | | criminal conviction.
|
5 | | (225 ILCS 37/35)
|
6 | | (Section scheduled to be repealed on January 1, 2019)
|
7 | | Sec. 35. Grounds for discipline.
|
8 | | (a) The Department may refuse to issue or renew, or may |
9 | | revoke, suspend,
place on probation, reprimand, or take other |
10 | | disciplinary action with regard to
any license issued under |
11 | | this Act as the Department may consider proper,
including the |
12 | | imposition of fines not to exceed $5,000 for each violation, |
13 | | for
any one or combination of the following causes:
|
14 | | (1) Material misstatement in furnishing information to |
15 | | the Department.
|
16 | | (2) Violations of this Act or its rules.
|
17 | | (3) For licensees, conviction Conviction of any felony |
18 | | under the laws of any U.S. jurisdiction, any
misdemeanor an |
19 | | essential element of which is dishonesty, or any crime that |
20 | | is
directly related to the practice of the profession ; for |
21 | | applicants only, the provisions of Section 32 apply .
|
22 | | (4) Making any misrepresentation for the purpose of |
23 | | obtaining a
certificate of registration.
|
24 | | (5) Professional incompetence.
|
25 | | (6) Aiding or assisting another person in violating any |
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1 | | provision of this
Act or its rules.
|
2 | | (7) Failing to provide information within 60 days in |
3 | | response to a written
request made by the Department.
|
4 | | (8) Engaging in dishonorable, unethical, or |
5 | | unprofessional conduct of a
character likely to deceive, |
6 | | defraud, or harm the public as defined by rules of
the |
7 | | Department.
|
8 | | (9) Habitual or excessive use or addiction to alcohol, |
9 | | narcotics,
stimulants, or any other chemical agent or drug |
10 | | that results in an
environmental health practitioner's |
11 | | inability to practice with reasonable
judgment, skill, or |
12 | | safety.
|
13 | | (10) Discipline by another U.S. jurisdiction or |
14 | | foreign nation, if at
least one of the grounds for a |
15 | | discipline is the same or substantially
equivalent to those |
16 | | set forth in this Act.
|
17 | | (11) A finding by the Department that the registrant, |
18 | | after having his or
her license placed on probationary |
19 | | status, has violated the terms of
probation.
|
20 | | (12) Willfully making or filing false records or |
21 | | reports in his or her
practice, including, but not limited |
22 | | to, false records filed with State
agencies or departments.
|
23 | | (13) Physical illness, including, but not limited to, |
24 | | deterioration
through the aging process or loss of motor |
25 | | skills that result in the inability
to practice the |
26 | | profession with reasonable judgment, skill, or safety.
|
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1 | | (14) Failure to comply with rules promulgated by the
|
2 | | Illinois Department of Public Health or other State |
3 | | agencies related to the
practice of environmental health.
|
4 | | (15) The Department shall deny any application for a |
5 | | license or renewal of
a license under this Act, without |
6 | | hearing, to a person who has defaulted on an
educational |
7 | | loan guaranteed by the Illinois Student Assistance |
8 | | Commission;
however, the Department may issue a license or |
9 | | renewal of a license if the
person in default has |
10 | | established a satisfactory repayment record as determined
|
11 | | by the Illinois Student Assistance
Commission.
|
12 | | (16) Solicitation of professional services by using |
13 | | false or misleading
advertising.
|
14 | | (17) A finding that the license has been applied for or |
15 | | obtained by
fraudulent means.
|
16 | | (18) Practicing or attempting to practice under a name |
17 | | other than the full
name as shown on the license or any |
18 | | other legally authorized name.
|
19 | | (19) Gross overcharging for professional services |
20 | | including filing
statements for collection of fees or |
21 | | moneys for which services are not
rendered.
|
22 | | (b) The Department may refuse to issue or may suspend the |
23 | | license of any
person who fails to (i) file a return, (ii) pay |
24 | | the tax, penalty, or interest
shown in a filed return; or (iii) |
25 | | pay any final assessment of the tax, penalty,
or interest as |
26 | | required by any tax Act administered by the Illinois Department
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1 | | of Revenue until the requirements of the tax Act are satisfied.
|
2 | | (c) The determination by a circuit court that a licensee is |
3 | | subject
to involuntary admission or judicial admission to a |
4 | | mental health facility as
provided in the Mental Health and |
5 | | Developmental Disabilities Code operates as
an automatic |
6 | | suspension. The suspension may end only upon a finding by a |
7 | | court
that the licensee is no longer subject to involuntary |
8 | | admission or judicial
admission, the issuance of an order so |
9 | | finding and discharging the patient, and
the recommendation of |
10 | | the Board to the Director that the licensee be allowed to
|
11 | | resume practice.
|
12 | | (d) In enforcing this Section, the Department, upon a |
13 | | showing of a
possible
violation, may compel any person licensed |
14 | | to practice under this Act or who has
applied
for licensure or |
15 | | certification pursuant to this Act to submit to a mental or
|
16 | | physical
examination, or both, as required by and at the |
17 | | expense of the Department. The
examining physicians shall be |
18 | | those specifically
designated by
the Department. The |
19 | | Department may order the examining physician
to present |
20 | | testimony concerning this mental or
physical
examination of the
|
21 | | licensee or applicant. No information shall be excluded by |
22 | | reason of any
common law or
statutory privilege relating to |
23 | | communications between the licensee or
applicant and the
|
24 | | examining physician. The person to be examined may
have, at his
|
25 | | or her own expense, another physician of his or her
choice
|
26 | | present during all aspects of the examination. Failure of any |
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1 | | person to submit
to a mental
or physical examination, when |
2 | | directed, shall be grounds for suspension of a
license until
|
3 | | the person submits to the examination if the Department finds, |
4 | | after notice and
hearing,
that the refusal to submit to the |
5 | | examination was without reasonable cause.
|
6 | | If the Department finds an individual unable to practice |
7 | | because of the
reasons set
forth in this Section, the |
8 | | Department may require that individual to submit to
care,
|
9 | | counseling, or treatment by physicians approved or designated |
10 | | by the
Department, as a
condition, term, or restriction for |
11 | | continued, reinstated, or renewed licensure
to practice
or, in |
12 | | lieu of care, counseling, or treatment, the Department may file |
13 | | a
complaint to
immediately suspend, revoke, or otherwise |
14 | | discipline the license of the
individual.
|
15 | | Any person whose license was granted, continued, |
16 | | reinstated, renewed,
disciplined, or supervised subject to |
17 | | such terms, conditions, or restrictions
and
who fails to comply |
18 | | with such terms, conditions, or restrictions shall be
referred |
19 | | to
the Director for a determination as to whether the person |
20 | | shall have his or her
license suspended immediately, pending a |
21 | | hearing by the Department.
|
22 | | In instances in which the Director immediately suspends a |
23 | | person's license
under this Section, a hearing on that person's |
24 | | license must be convened by the
Department within 15 days after |
25 | | the suspension and completed without
appreciable delay. The |
26 | | Department shall have the authority to review the
subject
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1 | | person's record of treatment and counseling regarding the |
2 | | impairment, to the
extent permitted by applicable federal |
3 | | statutes and regulations safeguarding
the
confidentiality of |
4 | | medical records.
|
5 | | A person licensed under this Act and affected under this |
6 | | Section shall be
afforded an opportunity to demonstrate to the |
7 | | Department that he or she can
resume practice in compliance |
8 | | with acceptable and prevailing standards under
the
provisions |
9 | | of his or her license.
|
10 | | (Source: P.A. 92-837, eff. 8-22-02 .)
|
11 | | Section 45. The Massage Licensing Act is amended by |
12 | | changing Sections 15 and 45 and by adding Section 15.1 as |
13 | | follows:
|
14 | | (225 ILCS 57/15)
|
15 | | (Section scheduled to be repealed on January 1, 2022)
|
16 | | Sec. 15. Licensure requirements.
|
17 | | (a) Persons
engaged in massage for
compensation
must be |
18 | | licensed by the Department. The Department shall issue a |
19 | | license to
an individual who meets all of the following |
20 | | requirements:
|
21 | | (1) The applicant has applied in writing on the |
22 | | prescribed forms and has
paid the
required fees.
|
23 | | (2) The applicant is at least 18 years of age and of |
24 | | good moral character.
In
determining good
moral character, |
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1 | | the Department may take into consideration
conviction of |
2 | | any crime under the laws of the United States or any state |
3 | | or
territory
thereof that is a felony or is a misdemeanor |
4 | | or any crime that is directly related
to the practice of |
5 | | the profession , whether such conviction will impair the |
6 | | applicant's ability to serve in the position for which the |
7 | | license is sought, and evidence of rehabilitation and |
8 | | mitigating factors set forth in Section 15.1 of this Act .
|
9 | | Such a conviction shall not operate automatically as a |
10 | | complete
bar to a license,
except in the case of any |
11 | | conviction for prostitution, rape, or sexual
misconduct,
|
12 | | or where the applicant is a registered sex offender.
|
13 | | (3) The applicant has met one of the following |
14 | | requirements:
|
15 | | (A) has successfully completed a massage therapy |
16 | | program approved by the Department that requires
a |
17 | | minimum
of 500 hours, except applicants applying on or |
18 | | after January 1, 2014 shall meet a minimum requirement |
19 | | of 600 hours,
and has
passed a
competency examination
|
20 | | approved by the Department;
|
21 | | (B) holds a current license from another |
22 | | jurisdiction having licensure
requirements that |
23 | | include the completion of a massage therapy program of |
24 | | at least 500 hours; or
|
25 | | (C) (blank).
|
26 | | (b) Each applicant for licensure as a massage therapist |
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1 | | shall have his or her fingerprints submitted to the Department |
2 | | of State Police in an electronic format that complies with the |
3 | | form and manner for requesting and furnishing criminal history |
4 | | record information as prescribed by the Department of State |
5 | | Police. These fingerprints shall be checked against the |
6 | | Department of State Police and Federal Bureau of Investigation |
7 | | criminal history record databases now and hereafter filed. The |
8 | | Department of State Police shall charge applicants a fee for |
9 | | conducting the criminal history records check, which shall be |
10 | | deposited into the State Police Services Fund and shall not |
11 | | exceed the actual cost of the records check. The Department of |
12 | | State Police shall furnish, pursuant to positive |
13 | | identification, records of Illinois convictions to the |
14 | | Department. The Department may require applicants to pay a |
15 | | separate fingerprinting fee, either to the Department or to a |
16 | | vendor. The Department, in its discretion, may allow an |
17 | | applicant who does not have reasonable access to a designated |
18 | | vendor to provide his or her fingerprints in an alternative |
19 | | manner. The Department may adopt any rules necessary to |
20 | | implement this Section.
|
21 | | (Source: P.A. 97-514, eff. 8-23-11.)
|
22 | | (225 ILCS 57/15.1 new) |
23 | | Sec. 15.1. Applicant convictions. |
24 | | (a) The Department shall not require the applicant to |
25 | | report the following information and shall not consider the |
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1 | | following criminal history records in connection with an |
2 | | application for licensure: |
3 | | (1) Juvenile adjudications of delinquent minors as |
4 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
5 | | subject to the restrictions set forth in Section 5-130 of |
6 | | the Juvenile Court Act of 1987. |
7 | | (2) Law enforcement records, court records, and |
8 | | conviction records of an individual who was 17 years old at |
9 | | the time of the offense and before January 1, 2014, unless |
10 | | the nature of the offense required the individual to be |
11 | | tried as an adult. |
12 | | (3) Records of arrest not followed by a charge or |
13 | | conviction. |
14 | | (4) Records of arrest where charges were dismissed |
15 | | unless related to the practice of the profession. However, |
16 | | applicants shall not be asked to report any arrests, and |
17 | | any arrest not followed by a conviction shall not be the |
18 | | basis of a denial and may be used only to assess an |
19 | | applicant's rehabilitation. |
20 | | (5) Convictions overturned by a higher court. |
21 | | (6) Convictions or arrests that have been sealed or |
22 | | expunged. |
23 | | (b) No application for any license under this Act shall be |
24 | | denied by reason of a finding of lack of "good moral character" |
25 | | when the finding is based upon the fact that the applicant has |
26 | | previously been convicted of one or more criminal offenses. The |
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1 | | Department, upon a finding that an applicant for a license was |
2 | | previously convicted by plea of guilty or nolo contendere, |
3 | | finding of guilt, jury verdict, or entry of judgment of any |
4 | | felony or a misdemeanor directly related to the practice of the |
5 | | profession, excluding an offense related to prostitution, |
6 | | rape, or sexual misconduct or that requires the applicant to |
7 | | register as a sex offender, shall consider any evidence of |
8 | | rehabilitation and mitigating factors contained in the |
9 | | applicant's record, including any of the following factors and |
10 | | evidence, to determine whether a prior conviction will impair |
11 | | the ability of the applicant to engage in the position for |
12 | | which a license is sought: |
13 | | (1) the lack of direct relation of the offense for |
14 | | which the applicant was previously convicted to the duties, |
15 | | functions, and responsibilities of the position for which a |
16 | | license is sought; |
17 | | (2) whether 5 years since a felony conviction not |
18 | | involving prostitution, rape, or sexual misconduct, or |
19 | | requiring registration as a sex offender, or 3 years since |
20 | | release from confinement for the conviction, whichever is |
21 | | later, have passed without a subsequent conviction; |
22 | | (3) if the applicant was previously licensed or |
23 | | employed in this State or other state or jurisdictions, |
24 | | then the lack of prior misconduct arising from or related |
25 | | to the licensed position or position of employment; |
26 | | (4) the age of the person at the time of the criminal |
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1 | | offense; |
2 | | (5) successful completion of sentence and, for |
3 | | applicants serving a term of parole or probation, a |
4 | | progress report provided by the applicant's probation or |
5 | | parole officer that documents the applicant's compliance |
6 | | with conditions of supervision; |
7 | | (6) evidence of the applicant's present fitness and |
8 | | professional character; |
9 | | (7) evidence of rehabilitation or rehabilitative |
10 | | effort during or after incarceration, or during or after a |
11 | | term of supervision, including, but not limited to, a |
12 | | certificate of good conduct under Section 5-5.5-25 of the |
13 | | Unified Code of Corrections or a certificate of relief from |
14 | | disabilities under Section 5-5.5-10 of the Unified Code of |
15 | | Corrections; and |
16 | | (8) any other mitigating factors that contribute to the |
17 | | person's potential and current ability to perform the |
18 | | duties and responsibilities of the position for which a |
19 | | license or employment is sought. |
20 | | (c) If the Department refuses to issue a license to an |
21 | | applicant based, in whole or in part, upon a conviction or |
22 | | convictions, then the Department shall notify the applicant of |
23 | | the denial in writing with the following included in the notice |
24 | | of denial: |
25 | | (1) a statement about the decision to refuse to issue a |
26 | | license; |
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1 | | (2) a list of convictions that the Department |
2 | | determined will impair the applicant's ability to engage in |
3 | | the position for which a license is sought; |
4 | | (3) a list of convictions that formed the sole or |
5 | | partial basis for the refusal to issue a license; and |
6 | | (4) a summary of the appeal process or the earliest the |
7 | | applicant may reapply for a license, whichever is |
8 | | applicable. |
9 | | (d) No later than May 1 of each year, the Department must |
10 | | prepare, publicly announce, and publish a report of summary |
11 | | statistical information relating to new license applications |
12 | | during the preceding calendar year. Each report shall show, at |
13 | | a minimum: |
14 | | (1) the number of applicants for a new license under |
15 | | this Act within the previous calendar year; |
16 | | (2) the number of applicants for a new license under |
17 | | this Act within the previous calendar year who had any |
18 | | criminal conviction; |
19 | | (3) the number of applicants for a new license under |
20 | | this Act in the previous calendar year who were granted a |
21 | | license; |
22 | | (4) the number of applicants for a new license with a |
23 | | criminal conviction who were granted a license under this |
24 | | Act within the previous calendar year; |
25 | | (5) the number of applicants for a new license under |
26 | | this Act within the previous calendar year who were denied |
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1 | | a license; |
2 | | (6) the number of applicants for a new license with a |
3 | | criminal conviction who were denied a license under this |
4 | | Act in the previous calendar year in part or in whole |
5 | | because of a prior conviction; and |
6 | | (7) the number of licenses issued on probation under |
7 | | this Act in the previous calendar year to applicants with a |
8 | | criminal conviction.
|
9 | | (225 ILCS 57/45)
|
10 | | (Section scheduled to be repealed on January 1, 2022)
|
11 | | Sec. 45. Grounds for discipline.
|
12 | | (a) The Department may refuse to issue or renew, or may |
13 | | revoke, suspend,
place
on
probation, reprimand, or take other |
14 | | disciplinary or non-disciplinary action, as the Department
|
15 | | considers appropriate,
including the imposition of fines not to |
16 | | exceed $10,000 for each violation, with
regard to any license |
17 | | or licensee
for any one or more of the following:
|
18 | | (1) violations of this Act or of the rules adopted |
19 | | under this Act;
|
20 | | (2) for licensees, conviction by plea of guilty or nolo |
21 | | contendere, finding of guilt, jury verdict, or entry of |
22 | | judgment or by sentencing of any crime, including, but not |
23 | | limited to, convictions, preceding sentences of |
24 | | supervision, conditional discharge, or first offender |
25 | | probation, under the laws of any jurisdiction of the United |
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1 | | States: (i) that is a felony; or (ii) that is a |
2 | | misdemeanor, an essential element of which is dishonesty, |
3 | | or that is directly related to the practice of the |
4 | | profession ; for applicants, the provisions of Section 15.1 |
5 | | apply ;
|
6 | | (3) professional incompetence;
|
7 | | (4) advertising in a false, deceptive, or misleading |
8 | | manner; |
9 | | (5) aiding, abetting, assisting, procuring, advising, |
10 | | employing, or contracting with any unlicensed person to |
11 | | practice massage contrary to any rules or provisions of |
12 | | this Act; |
13 | | (6) engaging in immoral conduct in the commission of |
14 | | any act, such as
sexual abuse, sexual misconduct, or sexual |
15 | | exploitation, related to the
licensee's practice;
|
16 | | (7) engaging in dishonorable, unethical, or |
17 | | unprofessional conduct of a
character
likely to deceive, |
18 | | defraud, or harm the public;
|
19 | | (8) practicing or offering to practice beyond the scope |
20 | | permitted by law
or
accepting and performing professional |
21 | | responsibilities which the licensee knows
or has reason to
|
22 | | know that he or she is not competent to perform;
|
23 | | (9) knowingly delegating professional responsibilities |
24 | | to a person
unqualified by
training, experience, or |
25 | | licensure to perform;
|
26 | | (10) failing to provide information in response to a |
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1 | | written request made
by the
Department within 60 days;
|
2 | | (11) having a habitual or excessive use of or addiction |
3 | | to alcohol,
narcotics,
stimulants, or
any other chemical |
4 | | agent or drug which results in the inability to practice
|
5 | | with reasonable
judgment, skill, or safety;
|
6 | | (12) having a pattern of practice or other behavior |
7 | | that demonstrates
incapacity
or
incompetence to practice |
8 | | under this Act;
|
9 | | (13) discipline by another state, District of |
10 | | Columbia, territory, or foreign nation, if at least one of |
11 | | the grounds for the discipline is the same or substantially |
12 | | equivalent to those set forth in this Section; |
13 | | (14) a finding by the Department that the licensee, |
14 | | after having his or her license placed on probationary |
15 | | status, has violated the terms of probation; |
16 | | (15) willfully making or filing false records or |
17 | | reports in his or her practice, including, but not limited |
18 | | to, false records filed with State agencies or departments; |
19 | | (16) making a material misstatement in furnishing |
20 | | information to the
Department or
otherwise making |
21 | | misleading, deceptive, untrue, or fraudulent |
22 | | representations
in violation of this
Act or otherwise in |
23 | | the practice of the profession;
|
24 | | (17) fraud or misrepresentation in applying for or |
25 | | procuring a license under this Act or in connection with |
26 | | applying for renewal of a license under this Act;
|
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1 | | (18) inability to practice the profession with |
2 | | reasonable judgment, skill, or safety as a result of |
3 | | physical illness, including, but not limited to, |
4 | | deterioration through the aging process, loss of motor |
5 | | skill, or a mental illness or disability;
|
6 | | (19) charging for professional services not rendered, |
7 | | including filing false statements for the collection of |
8 | | fees for which services are not rendered; |
9 | | (20) practicing under a false or, except as provided by |
10 | | law, an assumed name; or |
11 | | (21) cheating on or attempting to subvert the licensing |
12 | | examination administered under this Act. |
13 | | All fines shall be paid within 60 days of the effective |
14 | | date of the order imposing the fine. |
15 | | (b) A person not licensed under this Act and engaged in the |
16 | | business of offering massage therapy services through others, |
17 | | shall not aid, abet, assist, procure, advise, employ, or |
18 | | contract with any unlicensed person to practice massage therapy |
19 | | contrary to any rules or provisions of this Act. A person |
20 | | violating this subsection (b) shall be treated as a licensee |
21 | | for the purposes of disciplinary action under this Section and |
22 | | shall be subject to cease and desist orders as provided in |
23 | | Section 90 of this Act. |
24 | | (c) The Department shall revoke any license issued under |
25 | | this Act of any person who is convicted of prostitution, rape, |
26 | | sexual misconduct, or any crime that subjects the licensee to |
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1 | | compliance with the requirements of the Sex Offender |
2 | | Registration Act and any such conviction shall operate as a |
3 | | permanent bar in the State of Illinois to practice as a massage |
4 | | therapist. |
5 | | (d) The Department may refuse to issue or may suspend the |
6 | | license of any
person who
fails to file a tax return, to pay |
7 | | the tax, penalty, or interest shown in a
filed
tax return, or |
8 | | to pay any final
assessment of tax, penalty, or interest, as |
9 | | required by any tax Act
administered by the Illinois
Department |
10 | | of Revenue, until such time as the requirements of the tax Act |
11 | | are
satisfied in accordance with subsection (g) of Section |
12 | | 2105-15 of the Civil Administrative Code of Illinois.
|
13 | | (e) The Department shall deny a license or renewal |
14 | | authorized by this Act to a person who has defaulted on an |
15 | | educational loan or scholarship provided or guaranteed by the |
16 | | Illinois Student Assistance Commission or any governmental |
17 | | agency of this State in accordance with item (5) of subsection |
18 | | (a) of Section 2105-15 of the Civil Administrative Code of |
19 | | Illinois. |
20 | | (f) In cases where the Department of Healthcare and Family |
21 | | Services has previously determined that a licensee or a |
22 | | potential licensee is more than 30 days delinquent in the |
23 | | payment of child support and has subsequently certified the |
24 | | delinquency to the Department, the Department may refuse to |
25 | | issue or renew or may revoke or suspend that person's license |
26 | | or may take other disciplinary action against that person based |
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1 | | solely upon the certification of delinquency made by the |
2 | | Department of Healthcare and Family Services in accordance with |
3 | | item (5) of subsection (a) of Section 2105-15 of the Civil |
4 | | Administrative Code of Illinois. |
5 | | (g) The determination by a circuit court that a licensee is
|
6 | | subject
to involuntary admission or judicial admission, as |
7 | | provided in the Mental
Health and
Developmental Disabilities |
8 | | Code, operates as an automatic suspension. The
suspension
will |
9 | | end only upon a finding by a court that the patient is no |
10 | | longer
subject to
involuntary admission or judicial admission |
11 | | and the issuance of a court
order so finding
and discharging |
12 | | the patient.
|
13 | | (h) In enforcing this Act, the Department or Board, upon a |
14 | | showing of a
possible violation, may compel an individual |
15 | | licensed to practice under this
Act, or who
has applied for |
16 | | licensure under this Act, to submit to a mental or physical
|
17 | | examination, or
both, as required by and at the expense of the |
18 | | Department. The Department or
Board may
order the examining |
19 | | physician to present testimony concerning the mental or
|
20 | | physical
examination of the licensee or applicant. No |
21 | | information shall be excluded by
reason of
any common law or |
22 | | statutory privilege relating to communications between the
|
23 | | licensee
or applicant and the examining physician. The |
24 | | examining physicians shall be
specifically
designated by the |
25 | | Board or Department. The individual to be examined may have,
at |
26 | | his
or her own expense, another physician of his or her choice |
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1 | | present during all aspects of
this examination. The examination |
2 | | shall be performed by a physician licensed
to practice
medicine |
3 | | in all its branches. Failure of an individual to submit to a |
4 | | mental
or physical
examination, when directed, shall result in |
5 | | an automatic suspension without hearing.
|
6 | | A person holding a license under this Act or who has |
7 | | applied for a license under this Act who, because of a physical |
8 | | or mental illness or disability, including, but not limited to, |
9 | | deterioration through the aging process or loss of motor skill, |
10 | | is unable to practice the profession with reasonable judgment, |
11 | | skill, or safety, may be required by the Department to submit |
12 | | to care, counseling, or treatment by physicians approved or |
13 | | designated by the Department as a condition, term, or |
14 | | restriction for continued, reinstated, or renewed licensure to |
15 | | practice. Submission to care, counseling, or treatment as |
16 | | required by the Department shall not be considered discipline |
17 | | of a license. If the licensee refuses to enter into a care, |
18 | | counseling, or treatment agreement or fails to abide by the |
19 | | terms of the agreement, the Department may file a complaint to |
20 | | revoke, suspend, or otherwise discipline the license of the |
21 | | individual. The Secretary may order the license suspended |
22 | | immediately, pending a hearing by the Department. Fines shall |
23 | | not be assessed in disciplinary actions involving physical or |
24 | | mental illness or impairment.
|
25 | | In instances in which the Secretary immediately suspends a |
26 | | person's license
under
this Section, a hearing on that person's |
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1 | | license must be convened by the
Department
within 15 days after |
2 | | the suspension and completed without appreciable delay.
The
|
3 | | Department and Board shall have the authority to review the |
4 | | subject
individual's record
of treatment and counseling |
5 | | regarding the impairment to the extent permitted by
applicable |
6 | | federal statutes and regulations safeguarding the |
7 | | confidentiality of
medical
records.
|
8 | | An individual licensed under this Act and affected under |
9 | | this Section shall
be
afforded an opportunity to demonstrate to |
10 | | the Department or Board that he or
she can
resume practice in |
11 | | compliance with acceptable and prevailing standards under
the
|
12 | | provisions of his or her license.
|
13 | | (Source: P.A. 97-514, eff. 8-23-11; 98-756, eff. 7-16-14.)
|
14 | | Section 50. The Veterinary Medicine and Surgery Practice |
15 | | Act of 2004 is amended by changing Section 25 and adding |
16 | | Section 8.2 as follows: |
17 | | (225 ILCS 115/8.2 new) |
18 | | Sec. 8.2. Applicant convictions. |
19 | | (a) The Department shall not require the applicant to |
20 | | report information about the following and shall not consider |
21 | | the following criminal history records in connection with an |
22 | | application for a license or certification under this Act: |
23 | | (1) Juvenile adjudications of delinquent minors as |
24 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
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1 | | subject to the restrictions set forth in Section 5-130 of |
2 | | the Juvenile Court Act of 1987. |
3 | | (2) Law enforcement records, court records, and |
4 | | conviction records of an individual who was 17 years old at |
5 | | the time of the offense and before January 1, 2014, unless |
6 | | the nature of the offense required the individual to be |
7 | | tried as an adult. |
8 | | (3) Records of arrest not followed by a charge or |
9 | | conviction. |
10 | | (4) Records of arrest where charges were dismissed |
11 | | unless related to the practice of the profession. However, |
12 | | applicants shall not be asked to report any arrests, and |
13 | | any arrest not followed by a conviction shall not be the |
14 | | basis of a denial and may be used only to assess an |
15 | | applicant's rehabilitation. |
16 | | (5) Convictions overturned by a higher court. |
17 | | (6) Convictions or arrests that have been sealed or
|
18 | | expunged. |
19 | | (b) The Department, upon a finding that an applicant for a |
20 | | license or certification was previously convicted of any felony |
21 | | or a misdemeanor directly related to the practice of the |
22 | | profession, shall consider any evidence of rehabilitation and |
23 | | mitigating factors contained in the applicant's record, |
24 | | including any of the following factors and evidence, to |
25 | | determine if the prior conviction will impair the ability of |
26 | | the applicant to engage in the position for which a license or |
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1 | | certification is sought: |
2 | | (1) the lack of direct relation of the offense for |
3 | | which the applicant was previously convicted to the duties, |
4 | | functions, and responsibilities of the position for which a |
5 | | license or certificate is sought; |
6 | | (2) whether 5 years since a felony conviction or 3 |
7 | | years since release from confinement for the conviction, |
8 | | whichever is later, have passed without a subsequent |
9 | | conviction; |
10 | | (3) if the applicant was previously licensed or |
11 | | employed in this State or other state or jurisdictions, |
12 | | then the lack of prior misconduct arising from or related |
13 | | to the licensed position or position of employment; |
14 | | (4) the age of the person at the time of the criminal |
15 | | offense; |
16 | | (5) successful completion of sentence and, for |
17 | | applicants serving a term of parole or probation, a |
18 | | progress report provided by the applicant's probation or |
19 | | parole officer that documents the applicant's compliance |
20 | | with conditions of supervision; |
21 | | (6) evidence of the applicant's present fitness and |
22 | | professional character; |
23 | | (7) evidence of rehabilitation or rehabilitative |
24 | | effort during or after incarceration, or during or after a |
25 | | term of supervision, including, but not limited to, a |
26 | | certificate of good conduct under Section 5-5.5-25 of the |
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1 | | Unified Code of Corrections or a certificate of relief from |
2 | | disabilities under Section 5-5.5-10 of the Unified Code of |
3 | | Corrections; and |
4 | | (8) any other mitigating factors that contribute to the |
5 | | person's potential and current ability to perform the |
6 | | duties and responsibilities of the position for which a |
7 | | license or employment is sought. |
8 | | (c) If the Department refuses to grant a license or |
9 | | certification to an applicant based, in whole or in part, upon |
10 | | a conviction or convictions, then the Department shall notify |
11 | | the applicant of the denial in writing with the following |
12 | | included in the notice of denial: |
13 | | (1) a statement about the decision to refuse to issue a |
14 | | license or certification; |
15 | | (2) a list of the convictions that the Department |
16 | | determined will impair the applicant's ability to engage in |
17 | | the position for which a license or certification is |
18 | | sought; |
19 | | (3) a list of convictions that formed the sole or |
20 | | partial basis for the refusal to issue a license or |
21 | | certification; and |
22 | | (4) a summary of the appeal process or the earliest the |
23 | | applicant may reapply for a license or certification, |
24 | | whichever is applicable. |
25 | | (d) No later than May 1 of each year, the Department must |
26 | | prepare, publicly announce, and publish a report of summary |
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1 | | statistical information relating to new license applications |
2 | | during the preceding calendar year. Each report shall show, at |
3 | | a minimum: |
4 | | (1) the number of applicants for a new license or |
5 | | certification under this Act within the previous calendar |
6 | | year; |
7 | | (2) the number of applicants for a new license or |
8 | | certification under this Act within the previous calendar |
9 | | year who had any criminal conviction; |
10 | | (3) the number of applicants for a new license or |
11 | | certification under this Act in the previous calendar year |
12 | | who were granted a license or certification; |
13 | | (4) the number of applicants for a new license or |
14 | | certification with a criminal conviction who were granted a |
15 | | license or certification under this Act within the previous |
16 | | calendar year; |
17 | | (5) the number of applicants for a new license or |
18 | | certification under this Act within the previous calendar |
19 | | year who were denied a license or certification; |
20 | | (6) the number of applicants for a new license or |
21 | | certification with a criminal conviction who were denied a |
22 | | license or certification under this Act in the previous |
23 | | calendar year in part or in whole because of a prior |
24 | | conviction; and |
25 | | (7) the number of licenses or certification issued on |
26 | | probation under this Act in the previous calendar year to |
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1 | | applicants with a criminal conviction.
|
2 | | (225 ILCS 115/25) (from Ch. 111, par. 7025)
|
3 | | (Section scheduled to be repealed on January 1, 2024)
|
4 | | Sec. 25. Disciplinary actions.
|
5 | | 1. The Department may refuse to issue or renew, or may |
6 | | revoke,
suspend, place on probation, reprimand, or take other |
7 | | disciplinary or non-disciplinary
action as the Department may |
8 | | deem appropriate, including imposing fines not to
exceed |
9 | | $10,000 for each violation and the assessment of costs as |
10 | | provided for in Section 25.3 of this Act, with regard to any
|
11 | | license or certificate for any one or combination of the |
12 | | following:
|
13 | | A. Material misstatement in furnishing information to |
14 | | the
Department.
|
15 | | B. Violations of this Act, or of the rules adopted |
16 | | pursuant to this Act.
|
17 | | C. For licensees, conviction Conviction by plea of |
18 | | guilty or nolo contendere, finding of guilt, jury verdict, |
19 | | or entry of judgment or by sentencing of any crime, |
20 | | including, but not limited to, convictions, preceding |
21 | | sentences of supervision, conditional discharge, or first |
22 | | offender probation, under the laws of any jurisdiction of |
23 | | the United States that is (i) a felony or (ii) a |
24 | | misdemeanor, an essential element of which is dishonesty, |
25 | | or that is directly related to the practice of the |
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1 | | profession ; for applicants, the provisions of Section 8.2 |
2 | | apply .
|
3 | | D. Fraud or any misrepresentation in applying for or |
4 | | procuring a license under this Act or in connection with |
5 | | applying for renewal of a license under this Act.
|
6 | | E. Professional incompetence.
|
7 | | F. Malpractice.
|
8 | | G. Aiding or assisting another person in violating any |
9 | | provision of this
Act or rules.
|
10 | | H. Failing, within 60 days, to provide information in |
11 | | response to a
written request made by the Department.
|
12 | | I. Engaging in dishonorable, unethical, or |
13 | | unprofessional conduct of a
character likely to deceive, |
14 | | defraud, or harm the public.
|
15 | | J. Habitual or excessive use or abuse of drugs defined |
16 | | in law as controlled substances, alcohol, or any other |
17 | | substance that results in the inability
to practice with |
18 | | reasonable judgment, skill, or safety.
|
19 | | K. Discipline by another state, unit of government, |
20 | | government agency, District of Columbia, territory, or
|
21 | | foreign nation, if at least one of the grounds for the |
22 | | discipline is the same
or substantially equivalent to those |
23 | | set forth herein.
|
24 | | L. Charging for professional services not rendered, |
25 | | including filing false statements for the collection of |
26 | | fees for which services are not rendered.
|
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1 | | M. A finding by the Board that the licensee or |
2 | | certificate holder,
after having his license or |
3 | | certificate placed on probationary status, has
violated |
4 | | the terms of probation.
|
5 | | N. Willfully making or filing false records or reports |
6 | | in his practice,
including but not limited to false records |
7 | | filed with State agencies or
departments.
|
8 | | O. Physical illness, including but not limited to, |
9 | | deterioration through
the aging process, or loss of motor |
10 | | skill which results in the inability
to practice under this |
11 | | Act with reasonable judgment, skill, or safety.
|
12 | | P. Solicitation of professional services other than |
13 | | permitted
advertising.
|
14 | | Q. Allowing one's license under this Act to be used by |
15 | | an unlicensed person in violation of this Act.
|
16 | | R. Conviction of or cash compromise of a charge or |
17 | | violation of the
Harrison Act or the Illinois Controlled |
18 | | Substances Act, regulating narcotics.
|
19 | | S. Fraud or dishonesty in applying, treating, or |
20 | | reporting on
tuberculin or other biological tests.
|
21 | | T. Failing to report, as required by law, or making |
22 | | false report of any
contagious or infectious diseases.
|
23 | | U. Fraudulent use or misuse of any health certificate, |
24 | | shipping
certificate, brand inspection certificate, or |
25 | | other blank forms used in
practice that might lead to the |
26 | | dissemination of disease or the transportation
of diseased |
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1 | | animals dead or alive; or dilatory methods, willful |
2 | | neglect, or
misrepresentation in the inspection of milk, |
3 | | meat, poultry, and the by-products
thereof.
|
4 | | V. Conviction on a charge of cruelty to animals.
|
5 | | W. Failure to keep one's premises and all equipment |
6 | | therein in a clean
and sanitary condition.
|
7 | | X. Failure to provide satisfactory proof of having |
8 | | participated in
approved continuing education programs.
|
9 | | Y. Mental illness or disability that results in the |
10 | | inability to practice under this Act with reasonable |
11 | | judgment, skill, or safety.
|
12 | | Z. Conviction by any court of competent jurisdiction, |
13 | | either within or
outside this State, of any violation of |
14 | | any law governing the practice of
veterinary medicine, if |
15 | | the Department determines, after investigation, that
the |
16 | | person has not been sufficiently rehabilitated to warrant |
17 | | the public trust.
|
18 | | AA. Promotion of the sale of drugs, devices, |
19 | | appliances, or goods provided
for a patient in any manner |
20 | | to exploit the client for financial gain of the
|
21 | | veterinarian.
|
22 | | BB. Gross, willful, or continued overcharging for |
23 | | professional services.
|
24 | | CC. Practicing under a false or, except as provided by |
25 | | law, an assumed
name.
|
26 | | DD. Violating state or federal laws or regulations |
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1 | | relating to controlled substances or legend drugs.
|
2 | | EE. Cheating on or attempting to subvert the licensing |
3 | | examination
administered under this Act.
|
4 | | FF. Using, prescribing, or selling a prescription drug |
5 | | or the
extra-label use of a prescription drug by any means |
6 | | in the absence of a valid
veterinarian-client-patient |
7 | | relationship.
|
8 | | GG. Failing to report a case of suspected aggravated |
9 | | cruelty, torture,
or
animal fighting pursuant to Section |
10 | | 3.07 or 4.01 of the Humane Care for
Animals Act or Section |
11 | | 26-5 or 48-1 of the Criminal Code of 1961 or the Criminal |
12 | | Code of 2012.
|
13 | | All fines imposed under this Section shall be paid within |
14 | | 60 days after the effective date of the order imposing the fine |
15 | | or in accordance with the terms set forth in the order imposing |
16 | | the fine. |
17 | | 2. The determination by a circuit court that a licensee or |
18 | | certificate
holder is subject to involuntary admission or |
19 | | judicial admission as provided in
the Mental Health and |
20 | | Developmental Disabilities Code operates as an automatic
|
21 | | suspension. The suspension will end only upon a finding by a |
22 | | court that the
patient is no longer subject to involuntary |
23 | | admission or judicial admission and
issues an order so finding |
24 | | and discharging the patient. In any case where a license is |
25 | | suspended under this provision, the licensee shall file a |
26 | | petition for restoration and shall include evidence acceptable |
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1 | | to the Department that the licensee can resume practice in |
2 | | compliance with acceptable and prevailing standards of his or |
3 | | her profession.
|
4 | | 3. All proceedings to suspend, revoke, place on |
5 | | probationary status, or
take any other disciplinary action as |
6 | | the Department may deem proper, with
regard to a license or |
7 | | certificate on any of the foregoing grounds, must be
commenced |
8 | | within 5 years after receipt by the Department of a complaint
|
9 | | alleging the commission of or notice of the conviction order |
10 | | for any of the
acts described in this Section. Except for |
11 | | proceedings brought for violations
of items (CC), (DD), or |
12 | | (EE), no action shall be commenced more than 5 years
after the |
13 | | date of the incident or act alleged to have violated this |
14 | | Section.
In the event of the settlement of any claim or cause |
15 | | of action in favor of the
claimant or the reduction to final |
16 | | judgment of any civil action in favor of the
plaintiff, the |
17 | | claim, cause of action, or civil action being grounded on the
|
18 | | allegation that a person licensed or certified under this Act |
19 | | was negligent in
providing care, the Department shall have an |
20 | | additional period of one year from
the date of the settlement |
21 | | or final judgment in which to investigate and begin
formal |
22 | | disciplinary proceedings under Section 25.2 of this Act, except |
23 | | as
otherwise provided by law. The time during which the holder |
24 | | of the license or
certificate was outside the State of Illinois |
25 | | shall not be included within any
period of time limiting the |
26 | | commencement of disciplinary action by the
Department.
|
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1 | | 4. The Department may refuse to issue or may suspend |
2 | | without hearing, as provided for in the Illinois Code of Civil |
3 | | Procedure,
the license of any person who fails to file a |
4 | | return, to pay the tax, penalty,
or interest
shown in a filed |
5 | | return, or to pay any final assessment of tax, penalty, or
|
6 | | interest as
required by any tax Act administered by the |
7 | | Illinois Department of Revenue, until such
time as
the |
8 | | requirements of any such tax Act are satisfied in accordance |
9 | | with subsection (g) of Section 2105-15 of the Civil |
10 | | Administrative Code of Illinois.
|
11 | | 5. In enforcing this Section, the Department, upon a |
12 | | showing of a possible violation, may compel any individual who |
13 | | is registered under this Act or any individual who has applied |
14 | | for registration to submit to a mental or physical examination |
15 | | or evaluation, or both, which may include a substance abuse or |
16 | | sexual offender evaluation, at the expense of the Department. |
17 | | The Department shall specifically designate the examining |
18 | | physician licensed to practice medicine in all of its branches |
19 | | or, if applicable, the multidisciplinary team involved in |
20 | | providing the mental or physical examination and evaluation. |
21 | | The multidisciplinary team shall be led by a physician licensed |
22 | | to practice medicine in all of its branches and may consist of |
23 | | one or more or a combination of physicians licensed to practice |
24 | | medicine in all of its branches, licensed chiropractic |
25 | | physicians, licensed clinical psychologists, licensed clinical |
26 | | social workers, licensed clinical professional counselors, and |
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1 | | other professional and administrative staff. Any examining |
2 | | physician or member of the multidisciplinary team may require |
3 | | any person ordered to submit to an examination and evaluation |
4 | | pursuant to this Section to submit to any additional |
5 | | supplemental testing deemed necessary to complete any |
6 | | examination or evaluation process, including, but not limited |
7 | | to, blood testing, urinalysis, psychological testing, or |
8 | | neuropsychological testing. |
9 | | The Department may order the examining physician or any |
10 | | member of the multidisciplinary team to provide to the |
11 | | Department any and all records, including business records, |
12 | | that relate to the examination and evaluation, including any |
13 | | supplemental testing performed. The Department may order the |
14 | | examining physician or any member of the multidisciplinary team |
15 | | to present testimony concerning this examination and |
16 | | evaluation of the registrant or applicant, including testimony |
17 | | concerning any supplemental testing or documents relating to |
18 | | the examination and evaluation. No information, report, |
19 | | record, or other documents in any way related to the |
20 | | examination and evaluation shall be excluded by reason of any |
21 | | common law or statutory privilege relating to communication |
22 | | between the licensee or applicant and the examining physician |
23 | | or any member of the multidisciplinary team. No authorization |
24 | | is necessary from the registrant or applicant ordered to |
25 | | undergo an evaluation and examination for the examining |
26 | | physician or any member of the multidisciplinary team to |
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1 | | provide information, reports, records, or other documents or to |
2 | | provide any testimony regarding the examination and |
3 | | evaluation. The individual to be examined may have, at his or |
4 | | her own expense, another physician of his or her choice present |
5 | | during all aspects of the examination. |
6 | | Failure of any individual to submit to mental or physical |
7 | | examination or evaluation, or both, when directed, shall result |
8 | | in an automatic suspension without hearing, until such time as |
9 | | the individual submits to the examination. If the Department |
10 | | finds a registrant unable to practice because of the reasons |
11 | | set forth in this Section, the Department shall require such |
12 | | registrant to submit to care, counseling, or treatment by |
13 | | physicians approved or designated by the Department as a |
14 | | condition for continued, reinstated, or renewed registration. |
15 | | In instances in which the Secretary immediately suspends a |
16 | | registration under this Section, a hearing upon such person's |
17 | | registration must be convened by the Department within 15 days |
18 | | after such suspension and completed without appreciable delay. |
19 | | The Department shall have the authority to review the |
20 | | registrant's record of treatment and counseling regarding the |
21 | | impairment to the extent permitted by applicable federal |
22 | | statutes and regulations safeguarding the confidentiality of |
23 | | medical records. |
24 | | Individuals registered under this Act who are affected |
25 | | under this Section, shall be afforded an opportunity to |
26 | | demonstrate to the Department that they can resume practice in |
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1 | | compliance with acceptable and prevailing standards under the |
2 | | provisions of their registration.
|
3 | | 6. The Department shall deny a license or renewal |
4 | | authorized by this Act to a person who has defaulted on an |
5 | | educational loan or scholarship provided or guaranteed by the |
6 | | Illinois Student Assistance Commission or any governmental |
7 | | agency of this State in accordance with paragraph (5) of |
8 | | subsection (a) of Section 2105-15 of the Civil Administrative |
9 | | Code of Illinois. |
10 | | 7. In cases where the Department of Healthcare and Family |
11 | | Services has previously determined a licensee or a potential |
12 | | licensee is more than 30 days delinquent in the payment of |
13 | | child support and has subsequently certified the delinquency to |
14 | | the Department, the Department may refuse to issue or renew or |
15 | | may revoke or suspend that person's license or may take other |
16 | | disciplinary action against that person based solely upon the |
17 | | certification of delinquency made by the Department of |
18 | | Healthcare and Family Services in accordance with paragraph (5) |
19 | | of subsection (a) of Section 2105-15 of the Civil |
20 | | Administrative Code of Illinois. |
21 | | (Source: P.A. 98-339, eff. 12-31-13; 99-78, eff. 7-20-15.)
|
22 | | Section 55. The Pyrotechnic
Distributor and
Operator |
23 | | Licensing Act is amended by changing Section 35 and by adding |
24 | | Section 36 as follows:
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1 | | (225 ILCS 227/35)
|
2 | | Sec. 35. Licensure requirements and fees.
|
3 | | (a) Each application for a license to practice under this |
4 | | Act shall be in
writing and signed by the applicant on forms |
5 | | provided by the Office.
|
6 | | (b) After January 1, 2006, all pyrotechnic displays and |
7 | | pyrotechnic services, both indoor and
outdoor, must comply with |
8 | | the requirements set forth in this Act.
|
9 | | (c) After January 1, 2006, no person may engage in |
10 | | pyrotechnic distribution without first applying for and |
11 | | obtaining a license from the Office. Applicants for a license |
12 | | must submit to the Office the following: |
13 | | (1) A current BATFE license for the type of pyrotechnic |
14 | | service or pyrotechnic display provided. |
15 | | (2) Proof of $1,000,000 in product liability |
16 | | insurance. |
17 | | (3) Proof of $1,000,000 in general liability insurance |
18 | | that covers the pyrotechnic display or pyrotechnic service |
19 | | provided. |
20 | | (4) Proof of Illinois Workers' Compensation Insurance. |
21 | | (5) A license fee set by the Office. |
22 | | (6) Proof of a current United States Department of |
23 | | Transportation (DOT) Identification Number. |
24 | | (7) Proof of a current USDOT Hazardous Materials |
25 | | Registration Number. |
26 | | (8) Proof of having the requisite knowledge, either |
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1 | | through training, examination, or
continuing education, as |
2 | | established by Office rule. |
3 | | (c-3) After January 1, 2010, no production company may |
4 | | provide pyrotechnic displays or pyrotechnic services as part of |
5 | | any production without either (i) obtaining a production |
6 | | company license from the Office under which all pyrotechnic |
7 | | displays and pyrotechnic services are performed by a licensed |
8 | | lead pyrotechnic operator or (ii) hiring a pyrotechnic |
9 | | distributor licensed in accordance with this Act to perform the |
10 | | pyrotechnic displays or pyrotechnic services. Applicants for a |
11 | | production company license must submit to the Office the |
12 | | following: |
13 | | (1) Proof of $2,000,000 in commercial general |
14 | | liability insurance that covers any damage or injury |
15 | | resulting from the pyrotechnic displays or pyrotechnic |
16 | | services provided. |
17 | | (2) Proof of Illinois Worker's Compensation insurance. |
18 | | (3) A license fee set by the Office. |
19 | | (4) Proof of a current USDOT Identification Number, |
20 | | unless: |
21 | | (A) proof of such is provided by the lead |
22 | | pyrotechnic operator employed by the production |
23 | | company or insured as an additional named insured on |
24 | | the production company's general liability insurance, |
25 | | as required under paragraph (1) of this subsection; or |
26 | | (B) the production company certifies under penalty |
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1 | | of perjury that it engages only in flame effects or |
2 | | never transports materials in quantities that require |
3 | | registration with USDOT, or both. |
4 | | (5) Proof of a current USDOT Hazardous Materials |
5 | | Registration Number, unless: |
6 | | (A) proof of such is provided by the lead |
7 | | pyrotechnic operator employed by the production |
8 | | company or insured as an additional named insured on |
9 | | the production company's general liability insurance, |
10 | | as required under paragraph (1) of this subsection; or |
11 | | (B) the production company certifies under penalty |
12 | | of perjury that it engages only in flame effects or |
13 | | never transports materials in quantities that require |
14 | | registration with USDOT, or both. |
15 | | (6) Identification of the licensed lead pyrotechnic |
16 | | operator employed by the production company or insured as |
17 | | an additional named insured on the production company's |
18 | | general liability insurance, as required under paragraph |
19 | | (1) of this subsection. |
20 | | The insurer shall not cancel the insured's coverage or |
21 | | remove any additional named insured or additional insured from |
22 | | the policy coverage without notifying the Office in writing at |
23 | | least 15 days before cancellation. |
24 | | (c-5) After January 1, 2006, no individual may act as a |
25 | | lead operator in a
pyrotechnic display without first applying |
26 | | for and obtaining a lead pyrotechnic
operator's
license from |
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1 | | the Office. The Office shall establish separate licenses for
|
2 | | lead pyrotechnic
operators for indoor and outdoor pyrotechnic |
3 | | displays. Applicants for a
license must:
|
4 | | (1) Pay the fees set by the Office.
|
5 | | (2) Have the requisite training or continuing |
6 | | education as
established
in the Office's rules.
|
7 | | (3) (Blank).
|
8 | | (d) A person is qualified to receive a license under this |
9 | | Act if
the person
meets all of the following minimum |
10 | | requirements:
|
11 | | (1) Is at least 21 years of age.
|
12 | | (2) Has not willfully violated any provisions of this |
13 | | Act.
|
14 | | (3) Has not made any material misstatement or knowingly |
15 | | withheld
information in connection with any original or |
16 | | renewal application.
|
17 | | (4) Has not been declared incompetent by any competent |
18 | | court by
reasons of mental or physical defect or disease |
19 | | unless a court has since
declared
the person competent.
|
20 | | (5) Does not have an addiction to or dependency on |
21 | | alcohol or drugs that
is likely to endanger the public at a |
22 | | pyrotechnic display.
|
23 | | (6) If convicted Has not been convicted in any |
24 | | jurisdiction of any felony within the
prior 5 years , will |
25 | | not, by the Office's determination, be impaired by such |
26 | | conviction in engaging in the position for which a license |
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1 | | in sought .
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2 | | (7) Is not a fugitive from justice. |
3 | | (8) Has, or has applied for, a BATFE explosives license |
4 | | or a Letter of Clearance from the BATFE.
|
5 | | (9) If a lead pyrotechnic operator is employed by a |
6 | | political subdivision of the State or by a licensed |
7 | | production company or is insured as an additional named |
8 | | insured on the production company's general liability |
9 | | insurance, as required under paragraph (1) of subsection |
10 | | (c-3) of this Section, he or she shall have a BATFE license |
11 | | for the pyrotechnic services or pyrotechnic display |
12 | | provided.
|
13 | | (10) If a production company has not provided proof of |
14 | | a current USDOT Identification Number and a current USDOT |
15 | | Hazardous Materials Registration Number, as required by |
16 | | paragraphs (5) and (6) of subsection (c-3) of this Section, |
17 | | then the lead pyrotechnic operator employed by the |
18 | | production company or insured as an additional named |
19 | | insured on the production company's general liability |
20 | | insurance, as required under paragraph (1) of subsection |
21 | | (c-3) of this Section, shall provide such proof to the |
22 | | Office. |
23 | | (e) A person is qualified to assist a lead pyrotechnic |
24 | | operator if the person meets
all of the
following minimum |
25 | | requirements:
|
26 | | (1) Is at least 18 years of age.
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1 | | (2) Has not willfully violated any provision of this |
2 | | Act.
|
3 | | (3) Has not been declared incompetent by any competent |
4 | | court by reasons
of mental or physical defect or disease |
5 | | unless a court has since declared the
person
competent.
|
6 | | (4) Does not have an addiction to or dependency on |
7 | | alcohol or drugs that
is likely to endanger the public at a |
8 | | pyrotechnic display.
|
9 | | (5) If convicted Has not been convicted in any |
10 | | jurisdiction of any felony within the
prior 5 years , will |
11 | | not, by the Office's determination, be impaired by such |
12 | | conviction in engaging in the position for which a license |
13 | | in sought. .
|
14 | | (6) Is not a fugitive from justice.
|
15 | | (7) Is employed as an employee of the licensed |
16 | | pyrotechnic distributor or the licensed production |
17 | | company, or insured as an additional named insured on the |
18 | | pyrotechnic distributor's product liability and general |
19 | | liability insurance, as required under paragraphs (2) and |
20 | | (3) of subsection (c) of this Section, or insured as an |
21 | | additional named insured on the production company's |
22 | | general liability insurance, as required under paragraph |
23 | | (1) of subsection (c-3) of this Section. |
24 | | (8) Has been registered with the Office by the licensed |
25 | | distributor or the licensed production company on a form |
26 | | provided by the Office prior to the time when the assistant |
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1 | | begins work on the pyrotechnic display or pyrotechnic |
2 | | service. |
3 | | (Source: P.A. 96-708, eff. 8-25-09; 97-164, eff. 1-1-12.)
|
4 | | (225 ILCS 227/36 new) |
5 | | Sec. 36. Applicant convictions. |
6 | | (a) The Office shall not require the applicant to report |
7 | | the following information and shall not consider the following |
8 | | criminal history records in connection with an application for |
9 | | a license under this Act: |
10 | | (1) Juvenile adjudications of delinquent minors as |
11 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
12 | | subject to the restrictions set forth in Section 5-130 of |
13 | | the Juvenile Court Act of 1987. |
14 | | (2) Law enforcement records, court records, and |
15 | | conviction records of an individual who was 17 years old at |
16 | | the time of the offense and before January 1, 2014, unless |
17 | | the nature of the offense required the individual to be |
18 | | tried as an adult. |
19 | | (3) Records of arrest not followed by a conviction. |
20 | | (4) Convictions overturned by a higher court. |
21 | | (5) Convictions or arrests that have been sealed or |
22 | | expunged. |
23 | | (b) When reviewing, for the purpose of licensure, a |
24 | | conviction of any felony within the previous 5 years, the |
25 | | Office shall consider any evidence of rehabilitation and |
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1 | | mitigating factors contained in the applicant's record, |
2 | | including any of the following factors and evidence, to |
3 | | determine if such conviction will impair the ability of the |
4 | | applicant to engage in the position for which a license is |
5 | | sought: |
6 | | (1) the lack of direct relation of the offense for |
7 | | which the applicant was previously convicted to the duties, |
8 | | functions, and responsibilities of the position for which a |
9 | | license is sought; |
10 | | (2) the amount of time that has elapsed since the |
11 | | offense occurred; |
12 | | (3) if the applicant was previously licensed or |
13 | | employed in this State or other state or jurisdictions, |
14 | | then the lack of prior misconduct arising from or related |
15 | | to the licensed position or position of employment; |
16 | | (4) the age of the person at the time of the criminal |
17 | | offense; |
18 | | (5) successful completion of sentence and, for |
19 | | applicants serving a term of parole or probation, a |
20 | | progress report provided by the applicant's probation or |
21 | | parole officer that documents the applicant's compliance |
22 | | with conditions of supervision; |
23 | | (6) evidence of the applicant's present fitness and |
24 | | professional character; |
25 | | (7) evidence of rehabilitation or rehabilitative |
26 | | effort during or after incarceration, or during or after a |
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1 | | term of supervision, including, but not limited to, a |
2 | | certificate of good conduct under Section 5-5.5-25 of the |
3 | | Unified Code of Corrections or a certificate of relief from |
4 | | disabilities under Section 5-5.5-10 of the Unified Code of |
5 | | Corrections; and |
6 | | (8) any other mitigating factors that contribute to the |
7 | | person's potential and current ability to perform the |
8 | | duties and responsibilities of the specific licensed |
9 | | practice or employment position. |
10 | | (c) If the Office refuses to issue a license to an |
11 | | applicant, then the applicant shall be notified of the denial |
12 | | in writing with the following included in the notice of denial: |
13 | | (1) a statement about the decision to refuse to issue a |
14 | | license; |
15 | | (2) a list of the convictions that the Office |
16 | | determined will impair the applicant's ability to engage in |
17 | | the position for which a license is sought; |
18 | | (3) a list of convictions that formed the sole or |
19 | | partial basis for the refusal to issue a license; and |
20 | | (4) a summary of the appeal process or the earliest the |
21 | | applicant may reapply for a license, whichever is |
22 | | applicable. |
23 | | (d) No later than May 1 of each year, the Office must |
24 | | prepare, publicly announce, and publish a report of summary |
25 | | statistical information relating to new and renewal license |
26 | | applications during the preceding calendar year. Each report |
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1 | | shall show, at a minimum: |
2 | | (1) the number of applicants for a new or renewal |
3 | | license under this Act within the previous calendar year; |
4 | | (2) the number of applicants for a new or renewal |
5 | | license under this Act within the previous calendar year |
6 | | who had any criminal conviction; |
7 | | (3) the number of applicants for a new or renewal |
8 | | license under this Act in the previous calendar year who |
9 | | were granted a license; |
10 | | (4) the number of applicants for a new or renewal |
11 | | license with a criminal conviction who were granted a |
12 | | license under this Act within the previous calendar year; |
13 | | (5) the number of applicants for a new or renewal |
14 | | license under this Act within the previous calendar year |
15 | | who were denied a license; |
16 | | (6) the number of applicants for a new or renewal |
17 | | license with a criminal conviction who were denied a |
18 | | license under this Act in the previous calendar year in |
19 | | whole or in part because of a prior conviction; |
20 | | (7) the number of licenses issued on probation without |
21 | | monitoring under this Act in the previous calendar year to |
22 | | applicants with a criminal conviction; and |
23 | | (8) the number of licenses issued on probation with |
24 | | monitoring under this Act in the previous calendar year to |
25 | | applicants with a criminal conviction. |
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1 | | Section 60. The Solid Waste Site Operator Certification Law |
2 | | is amended by changing Section 1005 and by adding Section |
3 | | 1005-1 as follows:
|
4 | | (225 ILCS 230/1005) (from Ch. 111, par. 7855)
|
5 | | Sec. 1005. Agency authority. The Agency is authorized to |
6 | | exercise
the following functions, powers and duties with |
7 | | respect to solid waste site
operator certification:
|
8 | | (a) To conduct examinations to ascertain the |
9 | | qualifications of applicants
for certificates of competency as |
10 | | solid waste site operators;
|
11 | | (b) To conduct courses of training on the practical aspects |
12 | | of the design,
operation and maintenance of sanitary landfills;
|
13 | | (c) To issue a certificate to any applicant who has |
14 | | satisfactorily met all
the requirements pertaining to a |
15 | | certificate of competency as a solid waste
site operator;
|
16 | | (d) To suspend, revoke or refuse to issue any certificate |
17 | | for any one or
any combination of the following causes:
|
18 | | (1) The practice of any fraud or deceit in obtaining or |
19 | | attempting to
obtain a certificate of competency;
|
20 | | (2) Negligence or misconduct in the operation of a |
21 | | sanitary landfill;
|
22 | | (3) Repeated failure to comply with any of the |
23 | | requirements applicable
to the operation of a sanitary |
24 | | landfill, except for Board requirements
applicable to the |
25 | | collection of litter;
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1 | | (4) Repeated violations of federal, State or local |
2 | | laws, regulations,
standards, or ordinances regarding the |
3 | | operation of refuse disposal
facilities or sites;
|
4 | | (5) For the certified, conviction Conviction in this or |
5 | | another State of any crime which is a felony
under the laws |
6 | | of this State or conviction of a felony in a federal court ; |
7 | | for applicants, the provisions of Section 1005-1 apply ;
|
8 | | (6) Proof of gross carelessness or incompetence in |
9 | | handling, storing,
processing, transporting, or disposing |
10 | | of any hazardous waste; or
|
11 | | (7) Being declared to be a person under a legal |
12 | | disability by a court
of competent jurisdiction and not |
13 | | thereafter having been lawfully declared
to be a person not |
14 | | under legal disability or to have recovered.
|
15 | | (e) To adopt rules necessary to perform its functions, |
16 | | powers, and duties
with respect to solid waste site operator |
17 | | certifications.
|
18 | | (Source: P.A. 86-1363.)
|
19 | | (225 ILCS 230/1005-1 new) |
20 | | Sec. 1005-1. Applicant convictions. |
21 | | (a) The Agency shall not require applicants to report the |
22 | | following information and shall not consider the following |
23 | | criminal history records in connection with an application for |
24 | | certification under this Act: |
25 | | (1) Juvenile adjudications of delinquent minors as |
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1 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
2 | | subject to the restrictions set forth in Section 5-130 of |
3 | | the Juvenile Court Act of 1987. |
4 | | (2) Law enforcement records, court records, and |
5 | | conviction records of an individual who was 17 years old at |
6 | | the time of the offense and before January 1, 2014, unless |
7 | | the nature of the offense required the individual to be |
8 | | tried as an adult. |
9 | | (3) Records of arrest not followed by a conviction. |
10 | | (4) Convictions overturned by a higher court. |
11 | | (5) Convictions or arrests that have been sealed or |
12 | | expunged. |
13 | | (b) When reviewing a conviction of any felony, the Agency |
14 | | shall consider any evidence of rehabilitation and mitigating |
15 | | factors contained in the applicant's record, including any of |
16 | | the following factors and evidence, to determine if such |
17 | | conviction will impair the ability of the applicant to engage |
18 | | in the position for which a certificate is sought: |
19 | | (1) the lack of direct relation of the offense for |
20 | | which the applicant was previously convicted to the duties, |
21 | | functions, and responsibilities of the position for which |
22 | | certification is sought; |
23 | | (2) whether 5 years since a felony conviction or 3 |
24 | | years since release from confinement for the conviction, |
25 | | whichever is later, have passed without a subsequent |
26 | | conviction; |
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1 | | (3) if the applicant was previously licensed or |
2 | | employed in this State or other state or jurisdictions, |
3 | | then the lack of prior misconduct arising from or related |
4 | | to the licensed position or position of employment; |
5 | | (4) the age of the person at the time of the criminal |
6 | | offense; |
7 | | (5) successful completion of sentence and, for |
8 | | applicants serving a term of parole or probation, a |
9 | | progress report provided by the applicant's probation or |
10 | | parole officer that documents the applicant's compliance |
11 | | with conditions of supervision; |
12 | | (6) evidence of the applicant's present fitness and |
13 | | professional character; |
14 | | (7) evidence of rehabilitation or rehabilitative |
15 | | effort during or after incarceration, or during or after a |
16 | | term of supervision, including, but not limited to, a |
17 | | certificate of good conduct under Section 5-5.5-25 of the |
18 | | Unified Code of Corrections or a certificate of relief from |
19 | | disabilities under Section 5-5.5-10 of the Unified Code of |
20 | | Corrections; and |
21 | | (8) any other mitigating factors that contribute to the |
22 | | person's potential and current ability to perform the |
23 | | duties and responsibilities of the position for which a |
24 | | certificate or employment is sought. |
25 | | (c) If the Agency refuses to issue a certificate to an |
26 | | applicant, then the Agency shall notify the applicant of the |
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1 | | denial in writing with the following included in the notice of |
2 | | denial: |
3 | | (1) a statement about the decision to refuse to grant |
4 | | certification; |
5 | | (2) a list of the convictions that the Agency |
6 | | determined will impair the applicant's ability to engage in |
7 | | the position for which a certificate is sought; |
8 | | (3) a list of convictions that formed the sole or |
9 | | partial basis for the refusal to issue a certificate; and |
10 | | (4) a summary of the appeal process or the earliest the |
11 | | applicant may reapply for a certificate, whichever is |
12 | | applicable. |
13 | | (d) No later than May 1 of each year, the Agency must |
14 | | prepare, publicly announce, and publish a report of summary |
15 | | statistical information relating to new and renewal |
16 | | certification applications during the preceding calendar year. |
17 | | Each report shall show, at a minimum: |
18 | | (1) the number of applicants for a new or renewal |
19 | | certification under this Act within the previous calendar |
20 | | year; |
21 | | (2) the number of applicants for a new or renewal |
22 | | certification under this Act within the previous calendar |
23 | | year who had any criminal conviction; |
24 | | (3) the number of applicants for a new or renewal |
25 | | certification under this Act in the previous calendar year |
26 | | who were granted a license; |
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1 | | (4) the number of applicants for a new or renewal |
2 | | certification with a criminal conviction who were granted |
3 | | certification under this Act within the previous calendar |
4 | | year; |
5 | | (5) the number of applicants for a new or renewal |
6 | | certification under this Act within the previous calendar |
7 | | year who were denied certification; |
8 | | (6) the number of applicants for a new or renewal |
9 | | certification with a criminal conviction who were denied |
10 | | certification under this Act in the previous calendar year |
11 | | in whole or in part because of a prior conviction; |
12 | | (7) the number of certifications issued on probation |
13 | | without monitoring under this Act in the previous calendar |
14 | | year to applicants with a criminal conviction; and |
15 | | (8) the number of certifications issued on probation |
16 | | with monitoring under this Act in the previous calendar |
17 | | year to applicants with a criminal conviction. |
18 | | Section 65. The Interior Design Title Act is amended by |
19 | | changing Section 13 and by adding Section 13.5 as follows:
|
20 | | (225 ILCS 310/13) (from Ch. 111, par. 8213)
|
21 | | (Section scheduled to be repealed on January 1, 2022) |
22 | | Sec. 13. Refusal, revocation or suspension of |
23 | | registration. The Department may refuse to issue, renew, or |
24 | | restore or may revoke, suspend,
place on probation, reprimand |
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1 | | or take other disciplinary action as the
Department may deem |
2 | | proper, including fines not to exceed $5,000 for
each |
3 | | violation, with regard to any registration for any one or |
4 | | combination
of the following causes:
|
5 | | (a) Fraud in procuring the certificate of |
6 | | registration.
|
7 | | (b) Habitual intoxication or addiction to the use of |
8 | | drugs.
|
9 | | (c) Making any misrepresentations or false promises, |
10 | | directly or
indirectly, to influence, persuade, or induce |
11 | | patronage.
|
12 | | (d) Professional connection or association with, or |
13 | | lending his or her name, to
another for illegal use of the |
14 | | title "registered interior designer", or professional |
15 | | connection or association with any person,
firm, or |
16 | | corporation holding itself out in any manner contrary to |
17 | | this Act.
|
18 | | (e) Obtaining or seeking to obtain checks, money, or |
19 | | any other items of
value by false or fraudulent |
20 | | representations.
|
21 | | (f) Use of the title under a name other than his or her |
22 | | own.
|
23 | | (g) Improper, unprofessional, or dishonorable conduct |
24 | | of a character
likely to deceive, defraud, or harm the |
25 | | public.
|
26 | | (h) For licensees, conviction Conviction in this or |
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1 | | another state, or federal court, of any crime
which is a |
2 | | felony, if the Department determines, after investigation, |
3 | | that
such person has not been sufficiently rehabilitated to |
4 | | warrant the public
trust. For applicants, the provisions of |
5 | | Section 13.5 apply.
|
6 | | (i) A violation of any provision of this Act or its |
7 | | rules.
|
8 | | (j) Revocation by another state, the District of |
9 | | Columbia, territory, or
foreign nation of an interior |
10 | | design or residential interior design
registration if at |
11 | | least one of the
grounds for that revocation is the same as |
12 | | or the equivalent of one of the
grounds for revocation set |
13 | | forth in this Act.
|
14 | | (k) Mental incompetence as declared by a court of |
15 | | competent jurisdiction.
|
16 | | (l) Being named as a perpetrator in an indicated report |
17 | | by the
Department of Children and Family Services pursuant |
18 | | to the Abused and
Neglected Child Reporting Act, and upon |
19 | | proof by clear and convincing
evidence that the registrant |
20 | | has caused a child to be an abused child or
neglected child |
21 | | as defined in the Abused and Neglected Child Reporting Act.
|
22 | | The Department shall deny a registration or renewal |
23 | | authorized by
this Act to any person who has defaulted on an |
24 | | educational loan guaranteed
by the Illinois Student Assistance |
25 | | Commission; however, the Department may
issue a certificate of |
26 | | registration or renewal if such person has
established a |
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1 | | satisfactory repayment record as determined by the
Illinois |
2 | | Student Assistance Commission.
|
3 | | The Department may refuse to issue or may suspend the |
4 | | registration
of any person who fails to file a return, or to |
5 | | pay the tax, penalty, or
interest showing in a filed return, or |
6 | | to pay any final assessment of tax,
penalty, or interest, as |
7 | | required by any tax Act administered by the
Illinois Department |
8 | | of Revenue, until such time as the requirements of any
such tax |
9 | | Act are satisfied.
|
10 | | The entry of a decree by any circuit court establishing |
11 | | that any person
holding a certificate of registration under |
12 | | this Act is a person subject to
involuntary admission under the |
13 | | Mental Health and Developmental Disabilities
Code shall |
14 | | operate as a suspension of that registration. That person may
|
15 | | resume using the title "registered interior designer" only upon |
16 | | a finding by the Board that he or she has been determined to be |
17 | | no
longer subject to involuntary admission by the court and |
18 | | upon the Board's
recommendation to the Director that he or she |
19 | | be permitted to resume using the title
"registered interior |
20 | | designer".
|
21 | | (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10 .)
|
22 | | (225 ILCS 310/13.5 new) |
23 | | Sec. 13.5. Applicant convictions. |
24 | | (a) The Department shall not require the applicant to |
25 | | report the following information and shall not consider the |
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1 | | following criminal history records in connection with an |
2 | | application for licensure: |
3 | | (1) Juvenile adjudications of delinquent minors as |
4 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
5 | | subject to the restrictions set forth in Section 5-130 of |
6 | | the Juvenile Court Act of 1987. |
7 | | (2) Law enforcement records, court records, and |
8 | | conviction records of an individual who was 17 years old at |
9 | | the time of the offense and before January 1, 2014, unless |
10 | | the nature of the offense required the individual to be |
11 | | tried as an adult. |
12 | | (3) Records of arrest not followed by a charge or |
13 | | conviction. |
14 | | (4) Records of arrest where charges were dismissed |
15 | | unless related to the practice of the profession. However, |
16 | | applicants shall not be asked to report any arrests, and |
17 | | any arrest not followed by a conviction shall not be the |
18 | | basis of a denial and may be used only to assess an |
19 | | applicant's rehabilitation. |
20 | | (5) Convictions overturned by a higher court. |
21 | | (6) Convictions or arrests that have been sealed or
|
22 | | expunged. |
23 | | (b) The Department, upon a finding that an applicant for a |
24 | | license was previously convicted of a felony by plea of guilty |
25 | | or nolo contendere, finding of guilt, jury verdict, or entry of |
26 | | judgment, shall consider any evidence of rehabilitation and |
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1 | | mitigating factors contained in the applicant's record, |
2 | | including any of the following factors and evidence, to |
3 | | determine if the prior conviction will impair the ability of |
4 | | the applicant to engage in the position for which a license is |
5 | | sought: |
6 | | (1) the lack of direct relation of the offense for |
7 | | which the applicant was previously convicted to the duties, |
8 | | functions, and responsibilities of the position for which a |
9 | | license is sought; |
10 | | (2) whether 5 years since a felony conviction or 3 |
11 | | years since release from confinement for the conviction, |
12 | | whichever is later, have passed without a subsequent |
13 | | conviction; |
14 | | (3) if the applicant was previously licensed or |
15 | | employed in this State or other state or jurisdictions, |
16 | | then the lack of prior misconduct arising from or related |
17 | | to the licensed position or position of employment; |
18 | | (4) the age of the person at the time of the criminal |
19 | | offense; |
20 | | (5) successful completion of sentence and, for |
21 | | applicants serving a term of parole or probation, a |
22 | | progress report provided by the applicant's probation or |
23 | | parole officer that documents the applicant's compliance |
24 | | with conditions of supervision; |
25 | | (6) evidence of the applicant's present fitness and |
26 | | professional character; |
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1 | | (7) evidence of rehabilitation or rehabilitative |
2 | | effort during or after incarceration, or during or after a |
3 | | term of supervision, including, but not limited to, a |
4 | | certificate of good conduct under Section 5-5.5-25 of the |
5 | | Unified Code of Corrections or a certificate of relief from |
6 | | disabilities under Section 5-5.5-10 of the Unified Code of |
7 | | Corrections; and |
8 | | (8) any other mitigating factors that contribute to the |
9 | | person's potential and current ability to perform the |
10 | | duties and responsibilities of the position for which a |
11 | | license or employment is sought. |
12 | | (c) If the Department refuses to issue a license to an |
13 | | applicant based, in whole or in part, upon a conviction or |
14 | | convictions, then the Department shall notify the applicant of |
15 | | the denial in writing with the following included in the notice |
16 | | of denial: |
17 | | (1) a statement about the decision to refuse to issue a |
18 | | license; |
19 | | (2) a list of the convictions that the Department |
20 | | determined will impair the applicant's ability to engage in |
21 | | the position for which a license is sought; |
22 | | (3) a list of convictions that formed the sole or |
23 | | partial basis for the refusal to issue a license; and |
24 | | (4) a summary of the appeal process or the earliest the |
25 | | applicant may reapply for a license, whichever is |
26 | | applicable. |
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1 | | (d) No later than May 1 of each year, the Department must |
2 | | prepare, publicly announce, and publish a report of summary |
3 | | statistical information relating to new license applications |
4 | | during the preceding calendar year. Each report shall show, at |
5 | | a minimum: |
6 | | (1) the number of applicants for a new license under |
7 | | this Act within the previous calendar year; |
8 | | (2) the number of applicants for a new license under |
9 | | this Act within the previous calendar year who had any |
10 | | criminal conviction; |
11 | | (3) the number of applicants for a new license under |
12 | | this Act in the previous calendar year who were granted a |
13 | | license; |
14 | | (4) the number of applicants for a new license with a |
15 | | criminal conviction who were granted a license under this |
16 | | Act within the previous calendar year; |
17 | | (5) the number of applicants for a new license under |
18 | | this Act within the previous calendar year who were denied |
19 | | a license; |
20 | | (6) the number of applicants for a new license with a |
21 | | criminal conviction who were denied a license under this |
22 | | Act in the previous calendar year in part or in full |
23 | | because of a prior conviction; and |
24 | | (7) the number of licenses issued on probation under |
25 | | this Act in the previous calendar year to applicants with a |
26 | | criminal conviction. |
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1 | | Section 70. The Illinois Professional Land Surveyor Act of |
2 | | 1989 is amended by changing Section 27 and by adding Section |
3 | | 12.5 as follows: |
4 | | (225 ILCS 330/12.5 new) |
5 | | Sec. 12.5. Applicant convictions. |
6 | | (a) The Department shall not require the applicant to |
7 | | report the following information and shall not consider the |
8 | | following criminal history records in connection with an |
9 | | application for a license under this Act: |
10 | | (1) Juvenile adjudications of delinquent minors as |
11 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
12 | | subject to the restrictions set forth in Section 5-130 of |
13 | | the Juvenile Court Act of 1987. |
14 | | (2) Law enforcement records, court records, and |
15 | | conviction records of an individual who was 17 years old at |
16 | | the time of the offense and before January 1, 2014, unless |
17 | | the nature of the offense required the individual to be |
18 | | tried as an adult. |
19 | | (3) Records of arrest not followed by a charge or |
20 | | conviction. |
21 | | (4) Records of arrest where charges were dismissed |
22 | | unless related to the practice of the profession. However, |
23 | | applicants shall not be asked to report any arrests, and |
24 | | any arrest not followed by a conviction shall not be the |
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1 | | basis of a denial and may be used only to assess an |
2 | | applicant's rehabilitation. |
3 | | (5) Convictions overturned by a higher court. |
4 | | (6) Convictions or arrests that have been sealed or
|
5 | | expunged. |
6 | | (b) No applicant for license under this Act shall be denied
|
7 | | a license based on a finding of a lack of "good moral
|
8 | | character" when a finding is based on the fact that an
|
9 | | applicant was previously convicted of a criminal offense or
|
10 | | offenses. The Department, upon a finding that an applicant for |
11 | | a license was previously convicted of any felony or a |
12 | | misdemeanor directly related to the practice of the profession, |
13 | | shall consider any evidence of rehabilitation and mitigating |
14 | | factors contained in the applicant's record, including any of |
15 | | the following factors and evidence, to determine if the prior |
16 | | conviction will impair the ability of the applicant to engage |
17 | | in the position for which a license is sought: |
18 | | (1) the lack of direct relation of the offense for |
19 | | which the applicant was previously convicted to the duties, |
20 | | functions, and responsibilities of the position for which a |
21 | | license is sought; |
22 | | (2) whether 5 years since a felony conviction or 3 |
23 | | years since release from confinement for the conviction, |
24 | | whichever is later, have passed without a subsequent |
25 | | conviction; |
26 | | (3) if the applicant was previously licensed or |
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1 | | employed in this State or other state or jurisdictions, |
2 | | then the lack of prior misconduct arising from or related |
3 | | to the licensed position or position of employment; |
4 | | (4) the age of the person at the time of the criminal |
5 | | offense; |
6 | | (5) successful completion of sentence and, for |
7 | | applicants serving a term of parole or probation, a |
8 | | progress report provided by the applicant's probation or |
9 | | parole officer that documents the applicant's compliance |
10 | | with conditions of supervision; |
11 | | (6) evidence of the applicant's present fitness and |
12 | | professional character; |
13 | | (7) evidence of rehabilitation or rehabilitative |
14 | | effort during or after incarceration, or during or after a |
15 | | term of supervision, including, but not limited to, a |
16 | | certificate of good conduct under Section 5-5.5-25 of the |
17 | | Unified Code of Corrections or a certificate of relief from |
18 | | disabilities under Section 5-5.5-10 of the Unified Code of |
19 | | Corrections; and |
20 | | (8) any other mitigating factors that contribute to the |
21 | | person's potential and current ability to perform the |
22 | | duties and responsibilities of the position for which a |
23 | | license or employment is sought. |
24 | | (c) If the Department refuses to issue a license to an |
25 | | applicant based, in whole or in part, upon a conviction or |
26 | | convictions, then the Department shall notify the applicant of |
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1 | | the denial in writing with the following included in the notice |
2 | | of denial: |
3 | | (1) a statement about the decision to refuse to issue a |
4 | | license; |
5 | | (2) a list of the convictions that the Department |
6 | | determined will impair the applicant's ability to engage in |
7 | | the position for which a license is sought; |
8 | | (3) a list of convictions that formed the sole or |
9 | | partial basis for the refusal to issue a license; and |
10 | | (4) a summary of the appeal process or the earliest the |
11 | | applicant may reapply for a license, whichever is |
12 | | applicable. |
13 | | (d) No later than May 1 of each year, the Department must |
14 | | prepare, publicly announce, and publish a report of summary |
15 | | statistical information relating to new license applications |
16 | | during the preceding calendar year. Each report shall show, at |
17 | | a minimum: |
18 | | (1) the number of applicants for a new license under |
19 | | this Act within the previous calendar year; |
20 | | (2) the number of applicants for a new license under |
21 | | this Act within the previous calendar year who had any |
22 | | criminal conviction; |
23 | | (3) the number of applicants for a new license under |
24 | | this Act in the previous calendar year who were granted a |
25 | | license; |
26 | | (4) the number of applicants for a new license with a |
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1 | | criminal conviction who were granted a license under this |
2 | | Act within the previous calendar year; |
3 | | (5) the number of applicants for a new license under |
4 | | this Act within the previous calendar year who were denied |
5 | | a license; |
6 | | (6) the number of applicants for a new license with a |
7 | | criminal conviction who were denied a license under this |
8 | | Act in the previous calendar year in part or in whole |
9 | | because of a prior conviction; and |
10 | | (7) the number of licenses issued on probation under |
11 | | this Act in the previous calendar year to applicants with a |
12 | | criminal conviction.
|
13 | | (225 ILCS 330/27) (from Ch. 111, par. 3277)
|
14 | | (Section scheduled to be repealed on January 1, 2020)
|
15 | | Sec. 27. Grounds for disciplinary action.
|
16 | | (a) The Department may refuse to
issue or renew a license,
|
17 | | or may place on probation or administrative supervision, |
18 | | suspend, or revoke any license, or may reprimand or take any |
19 | | disciplinary or non-disciplinary action as the Department may |
20 | | deem proper, including the imposition of fines not to
exceed |
21 | | $10,000 per violation, upon any person, corporation, |
22 | | partnership, or professional land
surveying firm licensed or |
23 | | registered under this Act for any
of the following reasons:
|
24 | | (1) material misstatement in furnishing information to |
25 | | the Department;
|
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1 | | (2) violation, including, but not limited to, neglect |
2 | | or intentional
disregard, of this Act, or its rules;
|
3 | | (3) for licensees, conviction of, or entry of a plea of |
4 | | guilty or nolo contendere to, any crime that is a felony |
5 | | under the laws of the United States or any state or |
6 | | territory thereof or that is a misdemeanor of which an |
7 | | essential element is dishonesty, or any crime that is |
8 | | directly related to the practice of the profession ; for |
9 | | applicants, the provisions of Section 12.5 apply ;
|
10 | | (4) making any misrepresentation for the purpose of |
11 | | obtaining a license,
or in applying for restoration or |
12 | | renewal, or the practice of any fraud or
deceit in taking |
13 | | any examination to qualify for licensure under this Act;
|
14 | | (5) purposefully making false statements or signing |
15 | | false statements,
certificates, or affidavits to induce |
16 | | payment;
|
17 | | (6) proof of carelessness, incompetence, negligence, |
18 | | or misconduct in
practicing land surveying;
|
19 | | (7) aiding or assisting another person in violating any |
20 | | provision of
this Act or its rules;
|
21 | | (8) failing to provide information in response to a |
22 | | written request made
by the Department within 30 days after |
23 | | receipt of such written request;
|
24 | | (9) engaging in dishonorable, unethical, or |
25 | | unprofessional conduct of a
character likely to deceive, |
26 | | defraud, or harm the public;
|
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1 | | (10) inability to practice with reasonable judgment, |
2 | | skill, or safety as a result of habitual or excessive use |
3 | | of, or addiction to, alcohol, narcotics, stimulants or any |
4 | | other chemical agent or drug;
|
5 | | (11) discipline by the United States government, |
6 | | another state, District
of Columbia, territory, foreign |
7 | | nation or government agency if at least
one of the grounds |
8 | | for the discipline is the same or substantially
equivalent |
9 | | to those set forth in this Act;
|
10 | | (12) directly or indirectly giving to or receiving from |
11 | | any person,
firm, corporation, partnership, or association |
12 | | any fee, commission, rebate,
or other form of compensation |
13 | | for any professional services not actually or
personally |
14 | | rendered;
|
15 | | (12.5) issuing a map or plat of survey where the fee |
16 | | for professional
services is contingent on a real estate |
17 | | transaction closing;
|
18 | | (13) a finding by the Department that an applicant or |
19 | | licensee has failed to
pay
a fine imposed by the Department |
20 | | or a licensee whose license has been
placed on probationary |
21 | | status has violated the terms of probation;
|
22 | | (14) practicing on an expired, inactive, suspended, or |
23 | | revoked license;
|
24 | | (15) signing, affixing the Professional Land |
25 | | Surveyor's seal or
permitting the Professional Land |
26 | | Surveyor's seal to be affixed to any map
or plat of survey |
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1 | | not prepared by the Professional
Land Surveyor or under the |
2 | | Professional Land Surveyor's direct supervision and
|
3 | | control;
|
4 | | (16)
inability to practice the profession with |
5 | | reasonable judgment, skill, or
safety as a result of |
6 | | physical illness, including, but not limited to, |
7 | | deterioration through the aging process or loss of motor |
8 | | skill or a mental illness or disability;
|
9 | | (17) (blank); or
|
10 | | (18) failure to adequately supervise or control land |
11 | | surveying
operations being performed by subordinates.
|
12 | | (a-5) In enforcing this Section, the Department or Board, |
13 | | upon a showing of a possible violation, may compel a person |
14 | | licensed to practice under this Act, or who has applied for |
15 | | licensure or certification pursuant to this Act, to submit to a |
16 | | mental or physical examination, or both, as required by and at |
17 | | the expense of the Department. The Department or Board may |
18 | | order the examining physician to present testimony concerning |
19 | | the mental or physical examination of the licensee or |
20 | | applicant. No information shall be excluded by reason of any |
21 | | common law or statutory privilege relating to communications |
22 | | between the licensee or applicant and the examining physician. |
23 | | The examining physicians shall be specifically designated by |
24 | | the Board or Department. The individual to be examined may |
25 | | have, at his or her own expense, another physician of his or |
26 | | her choice present during all aspects of the examination. |
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1 | | Failure of an individual to submit to a mental or physical |
2 | | examination when directed shall be grounds for the immediate |
3 | | suspension of his or her license until the individual submits |
4 | | to the examination if the Department finds that the refusal to |
5 | | submit to the examination was without reasonable cause as |
6 | | defined by rule. |
7 | | If the Secretary immediately suspends the license of a |
8 | | licensee for his or her failure to submit to a mental or |
9 | | physical examination when directed, a hearing must be convened |
10 | | by the Department within 15 days after the suspension and |
11 | | completed without appreciable delay. |
12 | | If the Secretary otherwise suspends a person's license |
13 | | pursuant to the results of a compelled mental or physical |
14 | | examination, a hearing on that person's license must be |
15 | | convened by the Department within 15 days after the suspension |
16 | | and completed without appreciable delay. The Department and |
17 | | Board shall have the authority to review the subject |
18 | | individual's record of treatment and counseling regarding |
19 | | impairment to the extent permitted by applicable federal |
20 | | statutes and regulations safeguarding the confidentiality of |
21 | | medical records. |
22 | | Any licensee suspended under this subsection (a-5) shall be |
23 | | afforded an opportunity to demonstrate to the Department or |
24 | | Board that he or she can resume practice in compliance with the |
25 | | acceptable and prevailing standards under the provisions of his |
26 | | or her license.
|
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1 | | (b) The determination by a circuit court that a licensee is |
2 | | subject to
involuntary admission or judicial admission as |
3 | | provided in the Mental
Health and Developmental Disabilities |
4 | | Code, as
now or hereafter amended, operates as an automatic |
5 | | license suspension. Such
suspension will end only upon a |
6 | | finding by a court that the patient is no
longer subject to |
7 | | involuntary admission or judicial admission and the
issuance of |
8 | | an order so finding and discharging the patient and upon the
|
9 | | recommendation of the Board to the Director that the licensee |
10 | | be allowed to
resume his or her practice.
|
11 | | (c) The Department shall deny a license or renewal |
12 | | authorized by this Act to a person who has defaulted on an |
13 | | educational loan or scholarship provided or guaranteed by the |
14 | | Illinois Student Assistance Commission or any governmental |
15 | | agency of this State in accordance with subdivision (a)(5) of |
16 | | Section 2105-15 of the Department of Professional Regulation |
17 | | Law of the Civil Administrative Code of Illinois (20 ILCS |
18 | | 2105/2105-15). |
19 | | (d) In cases where the Department of Healthcare and Family |
20 | | Services (formerly the Department of Public Aid) has previously |
21 | | determined that a licensee or a potential licensee is more than |
22 | | 30 days delinquent in the payment of child support and has |
23 | | subsequently certified the delinquency to the Department, the |
24 | | Department shall refuse to issue or renew or shall revoke or |
25 | | suspend that person's license or shall take other disciplinary |
26 | | action against that person based solely upon the certification |
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1 | | of delinquency made by the Department of Healthcare and Family |
2 | | Services in accordance with subdivision (a)(5) of Section |
3 | | 2105-15 of the Department of Professional Regulation Law of the |
4 | | Civil Administrative Code of Illinois (20 ILCS 2105/2105-15). |
5 | | (e) The Department shall refuse to issue or renew or shall |
6 | | revoke or suspend a person's license or shall take other |
7 | | disciplinary action against that person for his or her failure |
8 | | to file a return, to pay the tax, penalty, or interest shown in |
9 | | a filed return, or to pay any final assessment of tax, penalty, |
10 | | or interest as required by any tax Act administered by the |
11 | | Department of Revenue, until such time as the requirements of |
12 | | the tax Act are satisfied in accordance with subsection (g) of |
13 | | Section 2105-15 of the Department of Professional Regulation |
14 | | Law of the Civil Administrative Code of Illinois (20 ILCS |
15 | | 2105/2105-15). |
16 | | (Source: P.A. 98-756, eff. 7-16-14.)
|
17 | | Section 75. The Water Well and Pump Installation |
18 | | Contractor's License Act is amended by changing Section 15 and |
19 | | by adding Section 15.1 as follows:
|
20 | | (225 ILCS 345/15) (from Ch. 111, par. 7116)
|
21 | | (Section scheduled to be repealed on January 1, 2022)
|
22 | | Sec. 15.
The Department may refuse to issue or renew, may |
23 | | suspend or may
revoke a license on any one or more of the |
24 | | following grounds:
|
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1 | | (1) Material misstatement in the application for license;
|
2 | | (2) Failure to have or retain the qualifications required |
3 | | by Section 9
of this Act;
|
4 | | (3) Wilful disregard or violation of this Act or of any |
5 | | rule or
regulation promulgated by the Department pursuant |
6 | | thereto; or disregard or
violation of any law of the state of |
7 | | Illinois or of any rule or regulation
promulgated pursuant |
8 | | thereto relating to water well drilling or the
installation of |
9 | | water pumps and equipment or any rule or regulation adopted
|
10 | | pursuant thereto;
|
11 | | (4) Wilfully aiding or abetting another in the violation of |
12 | | this Act or
any rule or regulation promulgated by the |
13 | | Department pursuant thereto;
|
14 | | (5) Incompetence in the performance of the work of a water |
15 | | well
contractor or of a water well pump installation |
16 | | contractor;
|
17 | | (6) Allowing the use of a license by someone other than the |
18 | | person in
whose name it was issued;
|
19 | | (7) For licensees, conviction Conviction of any crime an |
20 | | essential element of which is
misstatement, fraud or |
21 | | dishonesty, conviction in this or another State of
any crime |
22 | | which is a felony under the laws of this State or the |
23 | | conviction
in a federal court of any felony ; for applicants, |
24 | | the provisions of Section 15.1 apply; .
|
25 | | (8) Making substantial misrepresentations or false |
26 | | promises of a
character likely to influence, persuade or induce |
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1 | | in connection with the
occupation of a water well contractor or |
2 | | a water well pump installation
contractor.
|
3 | | (Source: P.A. 77-1626 .)
|
4 | | (225 ILCS 345/15.1 new) |
5 | | Sec. 15.1. Applicant convictions. |
6 | | (a) The Department shall not require an applicant to |
7 | | provide the following information and shall not consider the |
8 | | following criminal history records in connection with an |
9 | | application for licensure: |
10 | | (1) Juvenile adjudications of delinquent minors as |
11 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
12 | | subject to the exclusions set forth in Section 5-130 of the |
13 | | Juvenile Court Act of 1987. |
14 | | (2) Law enforcement records, court records, and |
15 | | conviction records of an individual who was 17 years old at |
16 | | the time of the offense and before January 1, 2014, unless |
17 | | the nature of the offense required the individual to be |
18 | | tried as an adult. |
19 | | (3) Records of arrest not followed by a charge or |
20 | | conviction. |
21 | | (4) Records of arrest where charges were dismissed |
22 | | unless related to the practice of the profession. However, |
23 | | applicants shall not be asked to report any arrests, and |
24 | | any arrest not followed by a conviction shall not be the |
25 | | basis of a denial and may be used only to assess an |
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1 | | applicant's rehabilitation. |
2 | | (5) Convictions overturned by a higher court. |
3 | | (6) Convictions or arrests that have been sealed or
|
4 | | expunged. |
5 | | (b) The Department, upon a finding that an applicant for a |
6 | | license was previously convicted of any felony or a misdemeanor |
7 | | directly related to the practice of the profession, shall |
8 | | consider any evidence of rehabilitation and mitigating factors |
9 | | contained in the applicant's record, including any of the |
10 | | following factors and evidence, to determine if the prior |
11 | | conviction will impair the ability of the applicant to engage |
12 | | in the position for which a license is sought: |
13 | | (1) the lack of direct relation of the offense for |
14 | | which the applicant was previously convicted to the duties, |
15 | | functions, and responsibilities of the position for which a |
16 | | license is sought; |
17 | | (2) whether 5 years since a felony conviction or 3 |
18 | | years since release from confinement for the conviction, |
19 | | whichever is later, have passed without a subsequent |
20 | | conviction; |
21 | | (3) if the applicant was previously licensed or |
22 | | employed in this State or other state or jurisdictions, |
23 | | then the lack of prior misconduct arising from or related |
24 | | to the licensed position or position of employment; |
25 | | (4) the age of the person at the time of the criminal |
26 | | offense; |
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1 | | (5) successful completion of sentence and, for |
2 | | applicants serving a term of parole or probation, a |
3 | | progress report provided by the applicant's probation or |
4 | | parole officer that documents the applicant's compliance |
5 | | with conditions of supervision; |
6 | | (6) evidence of the applicant's present fitness and |
7 | | professional character; |
8 | | (7) evidence of rehabilitation or rehabilitative |
9 | | effort during or after incarceration, or during or after a |
10 | | term of supervision, including, but not limited to, a |
11 | | certificate of good conduct under Section 5-5.5-25 of the |
12 | | Unified Code of Corrections or a certificate of relief from |
13 | | disabilities under Section 5-5.5-10 of the Unified Code of |
14 | | Corrections; and |
15 | | (8) any other mitigating factors that contribute to the |
16 | | person's potential and current ability to perform the job |
17 | | duties. |
18 | | (c) If the Department refuses to issue a license to an |
19 | | applicant, then the Department shall notify the applicant of |
20 | | the denial in writing with the following included in the notice |
21 | | of denial: |
22 | | (1) a statement about the decision to refuse to issue a |
23 | | license; |
24 | | (2) a list of the convictions that the Department |
25 | | determined will impair the applicant's ability to engage in |
26 | | the position for which a license is sought; |
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1 | | (3) a list of convictions that formed the sole or |
2 | | partial basis for the refusal to issue a license; and |
3 | | (4) a summary of the appeal process or the earliest the |
4 | | applicant may reapply for a license, whichever is |
5 | | applicable. |
6 | | (d) No later than May 1 of each year, the Department must |
7 | | prepare, publicly announce, and publish a report of summary |
8 | | statistical information relating to new and renewal license |
9 | | applications during the preceding calendar year. Each report |
10 | | shall show, at a minimum: |
11 | | (1) the number of applicants for a new or renewal |
12 | | license under this Act within the previous calendar year; |
13 | | (2) the number of applicants for a new or renewal |
14 | | license under this Act within the previous calendar year |
15 | | who had any criminal conviction; |
16 | | (3) the number of applicants for a new or renewal |
17 | | license under this Act in the previous calendar year who |
18 | | were granted a license; |
19 | | (4) the number of applicants for a new or renewal |
20 | | license with a criminal conviction who were granted a |
21 | | license under this Act within the previous calendar year; |
22 | | (5) the number of applicants for a new or renewal |
23 | | license under this Act within the previous calendar year |
24 | | who were denied a license; |
25 | | (6) the number of applicants for a new or renewal |
26 | | license with a criminal conviction who were denied a |
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1 | | license under this Act in the previous calendar year in |
2 | | part or in full because of a prior conviction; |
3 | | (7) the number of licenses issued on probation without |
4 | | monitoring under this Act in the previous calendar year to |
5 | | applicants with a criminal conviction; and |
6 | | (8)
the number of licenses issued on probation with |
7 | | monitoring under this Act in the previous calendar year to |
8 | | applicants with a criminal conviction. |
9 | | Section 80. The Illinois Athlete Agents Act is amended by |
10 | | changing Section 75 and by adding Section 74 as follows: |
11 | | (225 ILCS 401/74 new) |
12 | | Sec. 74. Applicant convictions. |
13 | | (a) The Department shall not require the applicant to |
14 | | report the following information and shall not consider the |
15 | | following criminal history records in connection with an |
16 | | application for licensure: |
17 | | (1) Juvenile adjudications of delinquent minors as |
18 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
19 | | subject to the restrictions set forth in Section 5-130 of |
20 | | the Juvenile Court Act of 1987. |
21 | | (2) Law enforcement records, court records, and |
22 | | conviction records of an individual who was 17 years old at |
23 | | the time of the offense and before January 1, 2014, unless |
24 | | the nature of the offense required the individual to be |
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1 | | tried as an adult. |
2 | | (3) Records of arrest not followed by a charge or |
3 | | conviction. |
4 | | (4) Records of arrest where charges were dismissed |
5 | | unless related to the practice of the profession. However, |
6 | | applicants shall not be asked to report any arrests, and |
7 | | any arrest not followed by a conviction shall not be the |
8 | | basis of a denial and may be used only to assess an |
9 | | applicant's rehabilitation. |
10 | | (5) Convictions overturned by a higher court. |
11 | | (6) Convictions or arrests that have been sealed or
|
12 | | expunged. |
13 | | (b) The Department, upon a finding that an applicant for a |
14 | | license was previously convicted of any felony or a misdemeanor |
15 | | directly related to the practice of the profession, shall |
16 | | consider any evidence of rehabilitation and mitigating factors |
17 | | contained in the applicant's record, including any of the |
18 | | following factors and evidence, to determine if the conviction |
19 | | will impair the ability of the applicant to engage in the |
20 | | position for which a license is sought: |
21 | | (1) the lack of direct relation of the offense for |
22 | | which the applicant was previously convicted to the duties, |
23 | | functions, and responsibilities of the position for which a |
24 | | license is sought; |
25 | | (2) whether 5 years since a felony conviction or 3 |
26 | | years since release from confinement for the conviction, |
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1 | | whichever is later, have passed without a subsequent |
2 | | conviction; |
3 | | (3) if the applicant was previously licensed or |
4 | | employed in this State or other state or jurisdictions, |
5 | | then the lack of prior misconduct arising from or related |
6 | | to the licensed position or position of employment; |
7 | | (4) the age of the person at the time of the criminal |
8 | | offense; |
9 | | (5) successful completion of sentence and, for |
10 | | applicants serving a term of parole or probation, a |
11 | | progress report provided by the applicant's probation or |
12 | | parole officer that documents the applicant's compliance |
13 | | with conditions of supervision; |
14 | | (6) evidence of the applicant's present fitness and |
15 | | professional character; |
16 | | (7) evidence of rehabilitation or rehabilitative |
17 | | effort during or after incarceration, or during or after a |
18 | | term of supervision, including, but not limited to, a |
19 | | certificate of good conduct under Section 5-5.5-25 of the |
20 | | Unified Code of Corrections or a certificate of relief from |
21 | | disabilities under Section 5-5.5-10 of the Unified Code of |
22 | | Corrections; and |
23 | | (8) any other mitigating factors that contribute to the |
24 | | person's potential and current ability to perform the |
25 | | duties and responsibilities of the position for which a |
26 | | license or employment is sought. |
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1 | | (c) If the Department refuses to issue a license to an |
2 | | applicant based, in whole or in part, upon a conviction or |
3 | | convictions, then the Department shall notify the applicant of |
4 | | the denial in writing with the following included in the notice |
5 | | of denial: |
6 | | (1) a statement about the decision to refuse to issue a |
7 | | license; |
8 | | (2) a list of the convictions that the Department |
9 | | determined will impair the applicant's ability to engage in |
10 | | the position for which a license is sought; |
11 | | (3) a list of convictions that formed the sole or |
12 | | partial basis for the refusal to issue a license; and |
13 | | (4) a summary of the appeal process or the earliest the |
14 | | applicant may reapply for a license, whichever is |
15 | | applicable. |
16 | | (d) No later than May 1 of each year, the Department must |
17 | | prepare, publicly announce, and publish a report of summary |
18 | | statistical information relating to new license applications |
19 | | during the preceding calendar year. Each report shall show, at |
20 | | a minimum: |
21 | | (1) the number of applicants for a new license under |
22 | | this Act within the previous calendar year; |
23 | | (2) the number of applicants for a new license under |
24 | | this Act within the previous calendar year who had any |
25 | | criminal conviction; |
26 | | (3) the number of applicants for a new license under |
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1 | | this Act in the previous calendar year who were granted a |
2 | | license; |
3 | | (4) the number of applicants for a new license with a |
4 | | criminal conviction who were granted a license under this |
5 | | Act within the previous calendar year; |
6 | | (5) the number of applicants for a new license under |
7 | | this Act within the previous calendar year who were denied |
8 | | a license; |
9 | | (6) the number of applicants for a new license with a |
10 | | criminal conviction who were denied a license under this |
11 | | Act in the previous calendar year in part or in whole |
12 | | because of a prior conviction; and |
13 | | (7) the number of licenses issued on probation under |
14 | | this Act in the previous calendar year to applicants with a |
15 | | criminal conviction. |
16 | | (225 ILCS 401/75)
|
17 | | Sec. 75. Grounds for disciplinary action.
|
18 | | (a) The Department may refuse to issue or renew, or may |
19 | | revoke, suspend, place on probation, reprimand, or take other |
20 | | disciplinary or non-disciplinary action as the Department may |
21 | | deem appropriate, including imposing fines not to exceed |
22 | | $10,000 for each violation, with regard to any license for any |
23 | | one or combination of the following:
|
24 | | (1) Making a material misstatement in furnishing |
25 | | information to the Department.
|
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1 | | (2) Violating this Act, or the rules adopted pursuant |
2 | | to this Act.
|
3 | | (3) For licensees, conviction Conviction of or entry of |
4 | | a plea of guilty or nolo contendere, finding of guilt, jury |
5 | | verdict, or entry of judgment or by sentencing of any |
6 | | crime, including but not limited to convictions, preceding |
7 | | sentences of supervision, conditional discharge or first |
8 | | offender probation, to any crime that is a felony under the |
9 | | laws of the United States or any state or territory thereof |
10 | | or that is a misdemeanor of which as essential element is |
11 | | dishonesty, or any crime that is directly related to the |
12 | | practice of the profession.
For applicants, the provisions |
13 | | of Section 74 of this Act apply. |
14 | | (4) Making any misrepresentation for the purpose of |
15 | | obtaining licensure or violating any provision of this Act |
16 | | or the rules adopted under this Act pertaining to |
17 | | advertising.
|
18 | | (5) Professional incompetence.
|
19 | | (6) Gross malpractice.
|
20 | | (7) Aiding or assisting another person in violating any |
21 | | provision of this Act or rules adopted under this Act.
|
22 | | (8) Failing, within 60 days, to provide information in |
23 | | response to a written request made by the Department.
|
24 | | (9) Engaging in dishonorable, unethical, or |
25 | | unprofessional conduct of a character likely to deceive, |
26 | | defraud, or harm the public.
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1 | | (10) Inability to practice with reasonable judgment, |
2 | | skill or safety as a result of habitual or excessive use or |
3 | | addiction to alcohol, narcotics, stimulants or any other |
4 | | chemical agent or drug.
|
5 | | (11) Denial of any application as an athlete agent or |
6 | | discipline by another state, District of Columbia, |
7 | | territory, or foreign nation, if at least one of the |
8 | | grounds for the discipline is the same or substantially |
9 | | equivalent to those set forth in this Section.
|
10 | | (12) A finding by the Department that the licensee, |
11 | | after having his or her license placed on probationary |
12 | | status, has violated the terms of probation.
|
13 | | (13) Willfully making or filing false records or |
14 | | reports in his or her practice, including but not limited |
15 | | to, false records filed with State agencies or departments.
|
16 | | (14) Inability to practice the profession with |
17 | | reasonable judgment, skill, or safety as a result of a |
18 | | physical illness, including but not limited to |
19 | | deterioration through the aging process or loss of motor |
20 | | skill, or a mental illness or disability.
|
21 | | (15) Solicitation of professional services other than |
22 | | permitted advertising.
|
23 | | (16) Conviction of or cash compromise of a charge or |
24 | | violation of the Illinois Controlled Substances Act |
25 | | regulating narcotics.
|
26 | | (17) Gross, willful, or continued overcharging for |
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1 | | professional services, including filing false statements |
2 | | for collection of fees for which services are not rendered.
|
3 | | (18) Practicing under a false or, except as provided by |
4 | | law, an assumed name.
|
5 | | (19) Fraud or misrepresentation in applying for, or |
6 | | procuring, a license under this Act or in connection with |
7 | | applying for renewal of a license under this Act.
|
8 | | (20) Any instance in which the conduct of the applicant |
9 | | or any person named pursuant to item (5) of subsection (a) |
10 | | of Section 45 resulted in the imposition of a sanction, |
11 | | suspension, or declaration of ineligibility to participate |
12 | | in an interscholastic or intercollegiate athletic event on |
13 | | a student-athlete or educational institution.
|
14 | | (21) Any instance in which the conduct of any person |
15 | | named pursuant to item (5) of subsection (a) of Section 45 |
16 | | resulted in the denial of an application as an athlete |
17 | | agent or discipline of a license as an athlete agent by |
18 | | another state, District of Columbia, territory, or foreign |
19 | | nation, if at least one of the grounds for the discipline |
20 | | is the same or substantially equivalent to those set forth |
21 | | in this Section.
|
22 | | (22) Committing any of the activities set forth in |
23 | | subsection (b) of Section 175 of this Act.
|
24 | | (b) A person holding a license under this Act or has |
25 | | applied for licensure under this Act who, because of a physical |
26 | | or mental illness or disability, including but not limited to |
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1 | | deterioration through the aging process or loss of motor skill, |
2 | | is unable to practice the profession with reasonable judgment, |
3 | | skill, or safety may be required by the Department to submit to |
4 | | care, counseling or treatment by physicians approved or |
5 | | designated by the Department as a condition, term or |
6 | | restriction for continued, reinstated or renewed licensure to |
7 | | practice. Submission to care, counseling or treatment as |
8 | | required by the Department shall not be considered discipline |
9 | | of the license. If the licensee refuses to enter into a care, |
10 | | counseling, or treatment agreement or fails to abide by the |
11 | | terms of the agreement, then the Department may file a |
12 | | complaint to suspend, revoke, or otherwise discipline the |
13 | | license of the individual. The Secretary may order the license |
14 | | suspended immediately, pending a hearing by the Department. |
15 | | Fines shall not be assessed in disciplinary actions involving |
16 | | physical or mental illness or impairment.
|
17 | | (c) The determination by a circuit court that a licensee is |
18 | | subject to involuntary admission or judicial admission as |
19 | | provided in the Mental Health and Developmental Disabilities |
20 | | Code, as amended, operates as an automatic suspension. The |
21 | | suspension will end only upon a finding by a court that the |
22 | | licensee is no longer subject to the involuntary admission or |
23 | | judicial admission and issues an order so finding and |
24 | | discharging the licensee; and upon review of the order by the |
25 | | Secretary or his or her designee, the licensee may be allowed |
26 | | to resume his or her practice.
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1 | | (d) The Department may refuse to issue or may suspend |
2 | | without hearing as provided for in the Code of Civil Procedure |
3 | | the license of any person who fails to file a return, or to pay |
4 | | the tax, penalty or interest shown in a filed return, or to pay |
5 | | any final assessment of the tax, penalty, or interest as |
6 | | required by any tax Act administered by the Illinois Department |
7 | | of Revenue, until such time as the requirements of any such tax |
8 | | Act are satisfied.
|
9 | | (e) In enforcing this Section, the Department upon a |
10 | | showing of a possible violation may compel an individual |
11 | | licensed to practice under this Act, or who has applied for |
12 | | licensure under this Act, to submit to a mental or physical |
13 | | examination, or both, as required by and at the expense of the |
14 | | Department. The Department may order the examining physician to |
15 | | present testimony concerning the mental or physical |
16 | | examination of the licensee or applicant. No information shall |
17 | | be excluded by reason of any common law or statutory privilege |
18 | | relating to communications between the licensee or applicant |
19 | | and the examining physician. The examining physicians shall be |
20 | | specifically designated by the Department. The individual to be |
21 | | examined may have, at his or her own expense, another physician |
22 | | of his or her choice present during all aspects of this |
23 | | examination. Failure of an individual to submit to a mental or |
24 | | physical examination, when directed, shall be grounds for the |
25 | | immediate suspension of his or her license until the individual |
26 | | submits to the examination if the Department finds that the |
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1 | | refusal to submit to the examination was without reasonable |
2 | | cause as defined by rule. |
3 | | In instances in which the Secretary immediately suspends a |
4 | | person's license for his or her failure to submit to a mental |
5 | | or physical examination, when directed, a hearing on that |
6 | | person's license must be convened by the Department within 15 |
7 | | days after the suspension and completed without appreciable |
8 | | delay. |
9 | | In instances in which the Secretary otherwise suspends a |
10 | | person's license pursuant to the results of a compelled mental |
11 | | or physical examination a hearing on that person's license must |
12 | | be convened by the Department within 15 days after the |
13 | | suspension and completed without appreciable delay. The |
14 | | Department shall have the authority to review the subject |
15 | | individual's record of treatment and counseling regarding the |
16 | | impairment to the extent permitted by applicable federal |
17 | | statutes and regulations safeguarding the confidentiality of |
18 | | medical records.
|
19 | | An individual licensed under this Act and affected under |
20 | | this Section shall be afforded an opportunity to demonstrate to |
21 | | the Department that he or she can resume practice in compliance |
22 | | with acceptable and prevailing standards under the provisions |
23 | | of his or her license.
|
24 | | (Source: P.A. 96-1030, eff. 1-1-11.) |
25 | | Section 85. The Auction License Act is amended by changing |
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1 | | Section 20-15 and by adding Section 20-11 as follows: |
2 | | (225 ILCS 407/20-11 new) |
3 | | Sec. 20-11. Applicant convictions. |
4 | | (a) The Department shall not require the applicant to |
5 | | report information about the following, and shall not consider |
6 | | the following criminal history records in connection with an |
7 | | application for a license under this Act: |
8 | | (1) Juvenile adjudications of delinquent minors as |
9 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
10 | | subject to the restrictions set forth in Section 5-130 of |
11 | | the Juvenile Court Act of 1987. |
12 | | (2) Law enforcement records, court records, and |
13 | | conviction records of an individual who was 17 years old at |
14 | | the time of the offense and before January 1, 2014, unless |
15 | | the nature of the offense required the individual to be |
16 | | tried as an adult. |
17 | | (3) Records of arrest not followed by a charge or |
18 | | conviction. |
19 | | (4) Records of arrest where charges were dismissed |
20 | | unless related to the practice of the profession. However, |
21 | | applicants shall not be asked to report any arrests, and |
22 | | any arrest not followed by a conviction shall not be the |
23 | | basis of a denial and may be used only to assess an |
24 | | applicant's rehabilitation. |
25 | | (5) Convictions overturned by a higher court. |
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1 | | (6) Convictions or arrests that have been sealed or
|
2 | | expunged. |
3 | | (b) The Department, upon a finding that an applicant for a |
4 | | license was previously convicted of any felony or a misdemeanor |
5 | | directly related to the practice of the profession, shall |
6 | | consider any evidence of rehabilitation and mitigating factors |
7 | | contained in the applicant's record, including any of the |
8 | | following factors and evidence, to determine if the conviction |
9 | | will impair the ability of the applicant to engage in the |
10 | | position for which a license is sought: |
11 | | (1) the lack of direct relation of the offense for |
12 | | which the applicant was previously convicted to the duties, |
13 | | functions, and responsibilities of the position for which a |
14 | | license is sought; |
15 | | (2) whether 5 years since a felony conviction or 3 |
16 | | years since release from confinement for the conviction, |
17 | | whichever is later, have passed without a subsequent |
18 | | conviction; |
19 | | (3) if the applicant was previously licensed or |
20 | | employed in this State or other state or jurisdictions, |
21 | | then the lack of prior misconduct arising from or related |
22 | | to the licensed position or position of employment; |
23 | | (4) the age of the person at the time of the criminal |
24 | | offense; |
25 | | (5) successful completion of sentence and, for |
26 | | applicants serving a term of parole or probation, a |
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1 | | progress report provided by the applicant's probation or |
2 | | parole officer that documents the applicant's compliance |
3 | | with conditions of supervision; |
4 | | (6) evidence of the applicant's present fitness and |
5 | | professional character; |
6 | | (7) evidence of rehabilitation or rehabilitative |
7 | | effort during or after incarceration, or during or after a |
8 | | term of supervision, including, but not limited to, a |
9 | | certificate of good conduct under Section 5-5.5-25 of the |
10 | | Unified Code of Corrections or a certificate of relief from |
11 | | disabilities under Section 5-5.5-10 of the Unified Code of |
12 | | Corrections; and |
13 | | (8) any other mitigating factors that contribute to the |
14 | | person's potential and current ability to perform the |
15 | | duties and responsibilities of the position for which a |
16 | | license or employment is sought. |
17 | | (c) If the Department refuses to issue a license to an |
18 | | applicant based, in whole or in part, upon a conviction or |
19 | | convictions, then the Department shall notify the applicant of |
20 | | the denial in writing with the following included in the notice |
21 | | of denial: |
22 | | (1) a statement about the decision to refuse to issue a |
23 | | license; |
24 | | (2) a list of the convictions that the Department |
25 | | determined will impair the applicant's ability to engage in |
26 | | the position for which a license is sought; |
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1 | | (3) a list of convictions that formed the sole or |
2 | | partial basis for the refusal to issue a license; and |
3 | | (4) a summary of the appeal process or the earliest the |
4 | | applicant may reapply for a license, whichever is |
5 | | applicable. |
6 | | (d) No later than May 1 of each year, the Department must |
7 | | prepare, publicly announce, and publish a report of summary |
8 | | statistical information relating to new license applications |
9 | | during the preceding calendar year. Each report shall show, at |
10 | | a minimum: |
11 | | (1) the number of applicants for a new license under |
12 | | this Act within the previous calendar year; |
13 | | (2) the number of applicants for a new license under |
14 | | this Act within the previous calendar year who had any |
15 | | criminal conviction; |
16 | | (3) the number of applicants for a new license under |
17 | | this Act in the previous calendar year who were granted a |
18 | | license; |
19 | | (4) the number of applicants for a new license with a |
20 | | criminal conviction who were granted a license under this |
21 | | Act within the previous calendar year; |
22 | | (5) the number of applicants for a new license under |
23 | | this Act within the previous calendar year who were denied |
24 | | a license; |
25 | | (6) the number of applicants for a new license with a |
26 | | criminal conviction who were denied a license under this |
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1 | | Act in the previous calendar year in part or in whole |
2 | | because of a prior conviction; and |
3 | | (7) the number of licenses issued on probation under |
4 | | this Act in the previous calendar year to applicants with a |
5 | | criminal conviction.
|
6 | | (225 ILCS 407/20-15)
|
7 | | (Section scheduled to be repealed on January 1, 2020)
|
8 | | Sec. 20-15. Disciplinary actions; grounds. The Department |
9 | | may refuse to issue
or renew a
license, may place on probation |
10 | | or administrative supervision, suspend, or
revoke any license |
11 | | or may
reprimand or take other disciplinary or non-disciplinary |
12 | | action as the Department may deem proper, including the |
13 | | imposition of fines not to exceed $10,000 for each violation |
14 | | upon anyone licensed under this Act for any of the following |
15 | | reasons:
|
16 | | (1) False or fraudulent representation or material |
17 | | misstatement in
furnishing
information to the Department |
18 | | in obtaining or seeking to obtain a license.
|
19 | | (2) Violation of any provision of this Act or the rules |
20 | | promulgated
pursuant
to this
Act.
|
21 | | (3) For licensees, conviction Conviction of or entry of |
22 | | a plea of guilty or nolo contendere to any crime that is a |
23 | | felony under the laws of the United States or any state or |
24 | | territory thereof, or that is a misdemeanor, an essential |
25 | | element of which is dishonesty,
or
any crime that is |
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1 | | directly related to the practice of the profession. For |
2 | | applicants, the provisions of Section 20-11 apply.
|
3 | | (4) Being adjudged to be a person under legal |
4 | | disability or subject to
involuntary
admission or to meet |
5 | | the standard for judicial admission as provided in the
|
6 | | Mental Health and
Developmental Disabilities Code.
|
7 | | (5) Discipline of a licensee by another state, the |
8 | | District of Columbia, a
territory of
the United States, a |
9 | | foreign nation, a governmental agency, or any other entity
|
10 | | authorized to impose
discipline if at least one of the |
11 | | grounds for that discipline is the same as or
the |
12 | | equivalent to one of
the grounds for discipline set forth |
13 | | in this Act or for failing to report to
the Department, |
14 | | within 30 days,
any adverse final action taken against the |
15 | | licensee by any other licensing
jurisdiction,
government |
16 | | agency, law enforcement agency, or court, or liability for |
17 | | conduct
that would constitute
grounds for action as set |
18 | | forth in this Act.
|
19 | | (6) Engaging in the practice of auctioneering, |
20 | | conducting an auction, or
providing an
auction service |
21 | | without a license or after the license was expired, |
22 | | revoked,
suspended, or terminated
or while the license was |
23 | | inoperative.
|
24 | | (7) Attempting to subvert or cheat on the auctioneer |
25 | | exam or any
continuing
education exam, or aiding or |
26 | | abetting another to do the same.
|
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1 | | (8) Directly or indirectly giving to or receiving from |
2 | | a person, firm,
corporation,
partnership, or association a |
3 | | fee, commission, rebate, or other form of
compensation for |
4 | | professional
service not actually or personally rendered, |
5 | | except that an auctioneer licensed under this Act may |
6 | | receive a fee from another licensed auctioneer from this |
7 | | State or jurisdiction for the referring of a client or |
8 | | prospect for auction services to the licensed auctioneer.
|
9 | | (9) Making any substantial misrepresentation or |
10 | | untruthful advertising.
|
11 | | (10) Making any false promises of a character likely to |
12 | | influence,
persuade,
or
induce.
|
13 | | (11) Pursuing a continued and flagrant course of |
14 | | misrepresentation or the
making of
false promises through a |
15 | | licensee, agent, employee, advertising, or otherwise.
|
16 | | (12) Any misleading or untruthful advertising, or |
17 | | using any trade name or
insignia
of membership in any |
18 | | auctioneer association or organization of which the
|
19 | | licensee is not a member.
|
20 | | (13) Commingling funds of others with his or her own |
21 | | funds or failing to
keep
the
funds of others in an escrow |
22 | | or trustee account.
|
23 | | (14) Failure to account for, remit, or return any |
24 | | moneys, property, or
documents
coming into his or her |
25 | | possession that belong to others, acquired through the
|
26 | | practice of
auctioneering, conducting an auction, or |
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1 | | providing an auction service within 30
days of the written
|
2 | | request from the owner of said moneys, property, or |
3 | | documents.
|
4 | | (15) Failure to maintain and deposit into a special |
5 | | account, separate and
apart from
any personal or other |
6 | | business accounts, all moneys belonging to others
|
7 | | entrusted to a licensee while
acting as an auctioneer, |
8 | | associate auctioneer, auction firm, or as a temporary
|
9 | | custodian of the funds
of others.
|
10 | | (16) Failure to make available to Department
personnel |
11 | | during normal business
hours
all
escrow and trustee records |
12 | | and related documents maintained in connection with
the |
13 | | practice of
auctioneering, conducting an auction, or |
14 | | providing an auction service within 24
hours after a |
15 | | request
from Department personnel.
|
16 | | (17) Making or filing false records or reports in his |
17 | | or her practice,
including but not
limited to false records |
18 | | or reports filed with State agencies.
|
19 | | (18) Failing to voluntarily furnish copies of all |
20 | | written instruments
prepared by the
auctioneer and signed |
21 | | by all parties to all parties at the time of execution.
|
22 | | (19) Failing to provide information within 30 days in |
23 | | response to a
written
request
made by the Department.
|
24 | | (20) Engaging in any act that constitutes a violation |
25 | | of Section 2-102,
3-103, or
3-105 of the Illinois Human |
26 | | Rights Act.
|
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1 | | (21) (Blank).
|
2 | | (22) Engaging in dishonorable, unethical, or |
3 | | unprofessional conduct of a
character
likely to deceive, |
4 | | defraud, or harm the public.
|
5 | | (23) Offering or advertising real estate for sale or |
6 | | lease at auction
without
a valid
broker or managing |
7 | | broker's license under the Real Estate License Act of 1983, |
8 | | or
any successor Act,
unless exempt from licensure under |
9 | | the terms of the Real Estate License Act of 2000, or any
|
10 | | successor Act, except as provided for in Section 5-32 of |
11 | | the Real Estate License Act of 2000.
|
12 | | (24) Inability to practice the profession with |
13 | | reasonable judgment, skill, or safety as a result of a |
14 | | physical illness, including, but not limited to, |
15 | | deterioration through the aging process or loss of motor |
16 | | skill, or a mental illness or disability. |
17 | | (25) A pattern of practice or other behavior that
|
18 | | demonstrates incapacity or incompetence to practice under |
19 | | this Act. |
20 | | (26) Being named as a perpetrator in an indicated
|
21 | | report by the Department of Children and Family Services |
22 | | under the Abused and Neglected Child Reporting Act and upon |
23 | | proof by clear and convincing evidence that the licensee |
24 | | has caused a child to be an abused child or a neglected |
25 | | child as defined in the Abused and Neglected Child |
26 | | Reporting Act. |
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1 | | (27) Inability to practice with reasonable judgment, |
2 | | skill, or safety as a result of habitual or excessive use |
3 | | or addiction to alcohol, narcotics, stimulants, or any |
4 | | other chemical agent or drug. |
5 | | (28) Wilfully failing to report an instance of
|
6 | | suspected child abuse or neglect as required by the Abused |
7 | | and Neglected Child Reporting Act. |
8 | | The entry of an order by a circuit court establishing that |
9 | | any person holding a license under this Act is subject to |
10 | | involuntary admission or judicial admission, as provided for in |
11 | | the Mental Health and Developmental Disabilities Code, |
12 | | operates as an automatic suspension of that license. That |
13 | | person may have his or her license restored only upon the |
14 | | determination by a circuit court that the patient is no longer |
15 | | subject to involuntary admission or judicial admission and the |
16 | | issuance of an order so finding and discharging the patient and |
17 | | upon the Board's recommendation to the Department that the |
18 | | license be restored. Where circumstances so indicate, the Board |
19 | | may recommend to the Department that it require an examination |
20 | | prior to restoring a suspended license. |
21 | | If the Department or Board finds an individual unable to |
22 | | practice because of the reasons set forth in this Section, the |
23 | | Department or Board may require that individual to submit to |
24 | | care, counseling, or treatment by physicians approved or |
25 | | designated by the Department or Board, as a condition, term, or |
26 | | restriction for continued, reinstated, or renewed licensure to |
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1 | | practice; or, in lieu of care, counseling, or treatment, the |
2 | | Department may file, or the Board may recommend to the |
3 | | Department to file, a complaint to immediately suspend, revoke, |
4 | | or otherwise discipline the license of the individual. An |
5 | | individual whose license was granted, continued, reinstated, |
6 | | renewed, disciplined or supervised subject to such terms, |
7 | | conditions, or restrictions, and who fails to comply with such |
8 | | terms, conditions, or restrictions, shall be referred to the |
9 | | Secretary for a determination as to whether the individual |
10 | | shall have his or her license suspended immediately, pending a |
11 | | hearing by the Department.
In instances in which the Secretary |
12 | | immediately suspends a person's license under this Section, a |
13 | | hearing on that person's license must be convened by the |
14 | | Department within 21 days after the suspension and completed |
15 | | without appreciable delay. The Department and Board shall have |
16 | | the authority to review the subject individual's record of |
17 | | treatment and counseling regarding the impairment to the extent |
18 | | permitted by applicable federal statutes and regulations |
19 | | safeguarding the confidentiality of medical records. |
20 | | An individual licensed under this Act and affected under |
21 | | this Section shall be afforded an opportunity to demonstrate to |
22 | | the Department or Board that he or she can resume practice in |
23 | | compliance with acceptable and prevailing standards under the |
24 | | provisions of his or her license. |
25 | | In enforcing this Section, the Department or Board, upon a |
26 | | showing of a possible violation, may compel an individual |
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1 | | licensed to practice under this Act, or who has applied for |
2 | | licensure under this Act, to submit to a mental or physical |
3 | | examination, or both, as required by and at the expense of the |
4 | | Department. The Department or Board may order the examining |
5 | | physician to present testimony concerning the mental or |
6 | | physical examination of the licensee or applicant. No |
7 | | information shall be excluded by reason of any common law or |
8 | | statutory privilege relating to communications between the |
9 | | licensee or applicant and the examining physician. The |
10 | | examining physicians shall be specifically designated by the |
11 | | Board or Department. The individual to be examined may have, at |
12 | | his or her own expense, another physician of his or her choice |
13 | | present during all aspects of this examination. Failure of an |
14 | | individual to submit to a mental or physical examination when |
15 | | directed shall be grounds for suspension of his or her license |
16 | | until the individual submits to the examination, if the |
17 | | Department finds that, after notice and hearing, the refusal to |
18 | | submit to the examination was without reasonable cause.
|
19 | | (Source: P.A. 98-553, eff. 1-1-14.)
|
20 | | Section 90. The Electrologist Licensing Act is amended by |
21 | | changing Section 75 and by adding Section 76 as follows:
|
22 | | (225 ILCS 412/75)
|
23 | | (Section scheduled to be repealed on January 1, 2024)
|
24 | | Sec. 75. Grounds for discipline.
|
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1 | | (a) The Department may refuse to issue or renew and may
|
2 | | revoke or suspend a license under this Act, and may place on |
3 | | probation,
reprimand, or take other
disciplinary or |
4 | | non-disciplinary action with regard to any licensee
under this |
5 | | Act, as the
Department may consider appropriate, including |
6 | | imposing fines not to exceed $10,000
for each violation and |
7 | | assess costs as provided for under Section 95 of this Act, for |
8 | | one or any combination of the following causes:
|
9 | | (1) Material misstatement in furnishing information to |
10 | | the Department.
|
11 | | (2) Violation of this Act or rules adopted under this |
12 | | Act.
|
13 | | (3) For licensees, conviction Conviction by plea of |
14 | | guilty or nolo contendere, finding of guilt, jury verdict, |
15 | | or entry of judgment or sentencing, including, but not |
16 | | limited to, convictions, preceding sentences of |
17 | | supervision, conditional discharge, or first offender |
18 | | probation, under the laws of any jurisdiction of the United |
19 | | States that is (i) a felony or (ii) a misdemeanor, an |
20 | | essential element of which is dishonesty, or that is |
21 | | directly related to the practice of electrology. For |
22 | | applicants, the provisions of Section 76 of this Act apply.
|
23 | | (4) Fraud or misrepresentation in applying for or |
24 | | procuring a license under this Act, or in connection with |
25 | | applying for renewal of a license under this Act.
|
26 | | (5) Aiding or assisting another person in violating any |
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1 | | provision of
this Act or its rules.
|
2 | | (6) Failing to provide information within 60 days in |
3 | | response to a
written request made by the Department.
|
4 | | (7) Engaging in dishonorable, unethical, or |
5 | | unprofessional conduct of a
character likely to deceive, |
6 | | defraud, or harm the public.
|
7 | | (8) Habitual or excessive use or abuse of drugs defined |
8 | | in law as controlled substances, alcohol, or any other |
9 | | substance that results in an
electrologist's
inability to |
10 | | practice with reasonable judgment, skill, or safety.
|
11 | | (9) Discipline by another governmental agency, unit of |
12 | | government, U.S. jurisdiction, or foreign nation if at
|
13 | | least one of the grounds for discipline is the same as or |
14 | | substantially
equivalent to any of those set forth in this |
15 | | Act.
|
16 | | (10) Directly or indirectly giving to or receiving from |
17 | | any person, firm,
corporation, partnership, or association |
18 | | any fee, commission, rebate, or
other form of compensation |
19 | | for any professional services not
actually or personally |
20 | | rendered. Nothing in this paragraph (10) affects any bona |
21 | | fide independent contractor or employment arrangements |
22 | | among health care professionals, health facilities, health |
23 | | care providers, or other entities, except as otherwise |
24 | | prohibited by law. Any employment arrangements with health |
25 | | care providers may include provisions for compensation, |
26 | | health insurance, pension, or other employment benefits |
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1 | | for the provision of services within the scope of the |
2 | | licensee's practice under this Act. Nothing in this |
3 | | paragraph (10) shall be construed to require an employment |
4 | | arrangement to receive professional fees for services |
5 | | rendered.
|
6 | | (11) A finding by the Department that the licensee, |
7 | | after having his or
her
license placed on probationary |
8 | | status, has violated the terms of probation.
|
9 | | (12) Abandonment of a patient.
|
10 | | (13) Willfully making or filing false records or |
11 | | reports in the
licensee's practice, including, but not |
12 | | limited to, false records filed
with State agencies or
|
13 | | departments.
|
14 | | (14) Mental or physical illness or disability, |
15 | | including, but not limited to, deterioration
through the |
16 | | aging process or loss of motor skill that results in the
|
17 | | inability to practice the profession with reasonable |
18 | | judgment, skill,
or safety.
|
19 | | (15) Negligence in his or her practice under this Act.
|
20 | | (16) Use of fraud, deception, or any unlawful means in |
21 | | applying for
and securing a license as an electrologist.
|
22 | | (17) Immoral conduct in the commission of any act, such |
23 | | as sexual abuse,
sexual misconduct, or sexual |
24 | | exploitation, related to the licensee's practice.
|
25 | | (18) Failure to comply with standards of sterilization |
26 | | and sanitation as
defined in the rules of the Department.
|
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1 | | (19) Charging for professional services not rendered, |
2 | | including filing false statements for the collection of |
3 | | fees for which services are not rendered. |
4 | | (20) Allowing one's license under this Act to be used |
5 | | by an unlicensed person in
violation of this Act. |
6 | | (b) The Department may refuse to issue or renew or may |
7 | | suspend without hearing the
license of any person who fails to |
8 | | file a return, to pay the tax, penalty or
interest
shown in a |
9 | | filed return, or to pay any final assessment of the tax, |
10 | | penalty, or
interest as required by any tax Act administered by |
11 | | the Illinois Department
of Revenue until the requirements of |
12 | | the tax Act are satisfied in accordance with subsection (g) of |
13 | | Section 2105-15 of the Department of
Professional Regulation |
14 | | Law of the Civil Administrative Code of Illinois.
|
15 | | (c) The determination by a circuit court that a licensee is |
16 | | subject to
involuntary admission or judicial admission as |
17 | | provided in the Mental
Health and Developmental Disabilities |
18 | | Code
operates as an automatic suspension. The
suspension will |
19 | | end only upon a finding by a court that the patient is no
|
20 | | longer subject to involuntary admission or judicial admission, |
21 | | the issuance of
an
order so finding and discharging the |
22 | | patient, and the filing of a petition for restoration |
23 | | demonstrating fitness to practice.
|
24 | | (d) In enforcing this Section, the Department, upon a |
25 | | showing of a possible
violation, may compel any individual who |
26 | | is licensed to practice under this Act or any individual who |
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1 | | has applied for licensure to submit to a mental or physical |
2 | | examination and evaluation, or both, that may include a |
3 | | substance abuse or sexual offender evaluation, at the expense |
4 | | of the Department. The Department shall specifically designate |
5 | | the examining physician licensed to practice medicine in all of |
6 | | its branches or, if applicable, the multidisciplinary team |
7 | | involved in providing the mental or physical examination and |
8 | | evaluation, or both. The multidisciplinary team shall be led by |
9 | | a physician licensed to practice medicine in all of its |
10 | | branches and may consist of one or more or a combination of |
11 | | physicians licensed to practice medicine in all of its |
12 | | branches, licensed chiropractic physicians, licensed clinical |
13 | | psychologists, licensed clinical social workers, licensed |
14 | | clinical professional counselors, and other professional and |
15 | | administrative staff. Any examining physician or member of the |
16 | | multidisciplinary team may require any person ordered to submit |
17 | | to an examination and evaluation pursuant to this Section to |
18 | | submit to any additional supplemental testing deemed necessary |
19 | | to complete any examination or evaluation process, including, |
20 | | but not limited to, blood testing, urinalysis, psychological |
21 | | testing, or neuropsychological testing.
|
22 | | The Department may order the examining physician or any |
23 | | member of the multidisciplinary team to provide to the |
24 | | Department any and all records, including business records, |
25 | | that relate to the examination and evaluation, including any |
26 | | supplemental testing performed. The Department may order the |
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1 | | examining physician or any member of the multidisciplinary team |
2 | | to present testimony concerning this examination and |
3 | | evaluation of the licensee, permit holder, or applicant, |
4 | | including testimony concerning any supplemental testing or |
5 | | documents relating to the examination and evaluation. No |
6 | | information, report, record, or other documents in any way |
7 | | related to the examination and evaluation shall be excluded by |
8 | | reason of any common law or statutory privilege relating to |
9 | | communication between the licensee or applicant and the |
10 | | examining physician or any member of the multidisciplinary |
11 | | team. No authorization is necessary from the licensee or |
12 | | applicant ordered to undergo an evaluation and examination for |
13 | | the examining physician or any member of the multidisciplinary |
14 | | team to provide information, reports, records, or other |
15 | | documents or to provide any testimony regarding the examination |
16 | | and evaluation. The individual to be examined may have, at his |
17 | | or her own expense, another physician of his or her choice |
18 | | present during all aspects of the examination. |
19 | | Failure of any individual to submit to mental or physical |
20 | | examination and evaluation, or both, when directed, shall |
21 | | result in an automatic suspension without hearing, until such |
22 | | time as the individual submits to the examination. If the |
23 | | Department finds a licensee unable to practice because of the |
24 | | reasons set forth in this Section, the Department shall require |
25 | | the licensee to submit to care, counseling, or treatment by |
26 | | physicians approved or designated by the Department as a |
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1 | | condition for continued, reinstated, or renewed licensure to |
2 | | practice. |
3 | | When the Secretary immediately suspends a license under |
4 | | this Section, a hearing upon the person's license must be |
5 | | convened by the Department within 15 days after the suspension |
6 | | and completed without appreciable delay. The Department shall |
7 | | have the authority to review the licensee's record of treatment |
8 | | and counseling regarding the impairment to the extent permitted |
9 | | by applicable federal statutes and regulations safeguarding |
10 | | the confidentiality of medical records. |
11 | | Individuals licensed under this Act affected under this |
12 | | Section shall be afforded an opportunity to demonstrate to the |
13 | | Department that they can resume practice in compliance with |
14 | | acceptable and prevailing standards under the provisions of |
15 | | their license. |
16 | | (e) The Department shall deny a license or renewal |
17 | | authorized by this Act to a person who has defaulted on an |
18 | | educational loan or scholarship provided or guaranteed by the |
19 | | Illinois Student Assistance Commission or any governmental |
20 | | agency of this State in accordance with item (5) of subsection |
21 | | (a) of Section 2105-15 of the Department of
Professional |
22 | | Regulation Law of the Civil Administrative Code of Illinois. |
23 | | (f) In cases where the Department of Healthcare and Family |
24 | | Services has previously determined a licensee or a potential |
25 | | licensee is more than 30 days delinquent in the payment of |
26 | | child support and has subsequently certified the delinquency to |
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1 | | the Department, the Department may refuse to issue or renew or |
2 | | may revoke or suspend that person's license or may take other |
3 | | disciplinary action against that person based solely upon the |
4 | | certification of delinquency made by the Department of |
5 | | Healthcare and Family Services in accordance with item (5) of |
6 | | subsection (a) of Section 2105-15 of the Department of |
7 | | Professional Regulation Law of the Civil Administrative Code of |
8 | | Illinois. |
9 | | (g) All fines or costs imposed under this Section shall be |
10 | | paid within 60 days after the effective date of the order |
11 | | imposing the fine or costs or in accordance with the terms set |
12 | | forth in the order imposing the fine.
|
13 | | (Source: P.A. 98-363, eff. 8-16-13.)
|
14 | | (225 ILCS 412/76 new) |
15 | | Sec. 76. Applicant convictions. |
16 | | (a) The Department shall not require the applicant to |
17 | | report the following information and shall not consider the |
18 | | following criminal history records in connection with an |
19 | | application for licensure: |
20 | | (1) Juvenile adjudications of delinquent minors as |
21 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
22 | | subject to the restrictions set forth in Section 5-130 of |
23 | | the Juvenile Court Act of 1987. |
24 | | (2) Law enforcement records, court records, and |
25 | | conviction records of an individual who was 17 years old at |
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1 | | the time of the offense and before January 1, 2014, unless |
2 | | the nature of the offense required the individual to be |
3 | | tried as an adult. |
4 | | (3) Records of arrest not followed by a charge or |
5 | | conviction. |
6 | | (4) Records of arrest where charges were dismissed |
7 | | unless related to the practice of the profession. However, |
8 | | applicants shall not be asked to report any arrests, and |
9 | | any arrest not followed by a conviction shall not be the |
10 | | basis of a denial and may be used only to assess an |
11 | | applicant's rehabilitation. |
12 | | (5) Convictions overturned by a higher court. |
13 | | (6) Convictions or arrests that have been sealed or
|
14 | | expunged. |
15 | | (b) The Department, upon a finding that an applicant for a |
16 | | license was previously convicted of a felony by plea of guilty |
17 | | or nolo contendere, finding of guilt, jury verdict, or entry of |
18 | | judgment or by sentencing, shall consider any evidence of |
19 | | rehabilitation and mitigating factors contained in the |
20 | | applicant's record, including any of the following factors and |
21 | | evidence, to determine if the conviction will impair the |
22 | | ability of the applicant to engage in the position for which a |
23 | | license is sought: |
24 | | (1) the lack of direct relation of the offense for |
25 | | which the applicant was previously convicted to the duties, |
26 | | functions, and responsibilities of the position for which a |
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1 | | license is sought; |
2 | | (2) whether 5 years since a felony conviction or 3 |
3 | | years since release from confinement for the conviction, |
4 | | whichever is later, have passed without a subsequent |
5 | | conviction; |
6 | | (3) if the applicant was previously licensed or |
7 | | employed in this State or other state or jurisdictions, |
8 | | then the lack of prior misconduct arising from or related |
9 | | to the licensed position or position of employment; |
10 | | (4) the age of the person at the time of the criminal |
11 | | offense; |
12 | | (5) successful completion of sentence and, for |
13 | | applicants serving a term of parole or probation, a |
14 | | progress report provided by the applicant's probation or |
15 | | parole officer that documents the applicant's compliance |
16 | | with conditions of supervision; |
17 | | (6) evidence of the applicant's present fitness and |
18 | | professional character; |
19 | | (7) evidence of rehabilitation or rehabilitative |
20 | | effort during or after incarceration, or during or after a |
21 | | term of supervision, including, but not limited to, a |
22 | | certificate of good conduct under Section 5-5.5-25 of the |
23 | | Unified Code of Corrections or a certificate of relief from |
24 | | disabilities under Section 5-5.5-10 of the Unified Code of |
25 | | Corrections; and |
26 | | (8) any other mitigating factors that contribute to the |
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1 | | person's potential and current ability to perform the |
2 | | duties and responsibilities of the position for which a |
3 | | license or employment is sought. |
4 | | (c) If the Department refuses to issue a license to an |
5 | | applicant based, in whole or in part, upon a conviction or |
6 | | convictions, then the Department shall notify the applicant of |
7 | | the denial in writing with the following included in the notice |
8 | | of denial: |
9 | | (1) a statement about the decision to refuse to issue a |
10 | | license; |
11 | | (2) a list of the convictions that the Department |
12 | | determined will impair the applicant's ability to engage in |
13 | | the position for which a license is sought; |
14 | | (3) a list of convictions that formed the sole or |
15 | | partial basis for the refusal to issue a license; and |
16 | | (4) a summary of the appeal process or the earliest the |
17 | | applicant may reapply for a license, whichever is |
18 | | applicable. |
19 | | (d) No later than May 1 of each year, the Department must |
20 | | prepare, publicly announce, and publish a report of summary |
21 | | statistical information relating to new license applications |
22 | | during the preceding calendar year. Each report shall show, at |
23 | | a minimum: |
24 | | (1) the number of applicants for a new license under |
25 | | this Act within the previous calendar year; |
26 | | (2) the number of applicants for a new license under |
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1 | | this Act within the previous calendar year who had any |
2 | | criminal conviction; |
3 | | (3) the number of applicants for a new license under |
4 | | this Act in the previous calendar year who were granted a |
5 | | license; |
6 | | (4) the number of applicants for a new license with a |
7 | | criminal conviction who were granted a license under this |
8 | | Act within the previous calendar year; |
9 | | (5) the number of applicants for a new license under |
10 | | this Act within the previous calendar year who were denied |
11 | | a license; |
12 | | (6) the number of applicants for a new license with a |
13 | | criminal conviction who were denied a license under this |
14 | | Act in the previous calendar year in part or in whole |
15 | | because of a prior conviction; and |
16 | | (7) the number of licenses issued on probation under |
17 | | this Act in the previous calendar year to applicants with a |
18 | | criminal conviction. |
19 | | Section 95. The Illinois Certified Shorthand Reporters Act |
20 | | of 1984 is amended by changing Sections 11 and 23 and by adding |
21 | | Section 11.1 as follows:
|
22 | | (225 ILCS 415/11) (from Ch. 111, par. 6211)
|
23 | | (Section scheduled to be repealed on January 1, 2024)
|
24 | | Sec. 11. Qualifications; application. A person shall be |
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1 | | qualified for certification as a certified
shorthand reporter |
2 | | if:
|
3 | | A. That person has applied in writing in form and substance |
4 | | to the
Department; and
|
5 | | (1) (Blank);
|
6 | | (2) Is of good moral character, the determination of |
7 | | which , when based on a prior felony conviction, shall be |
8 | | made in accordance with Section 11.1 of this Act shall take
|
9 | | into account but not be totally based upon any felony |
10 | | conviction of the
applicant ; and
|
11 | | (3) Has graduated from a high school or secondary |
12 | | school or its
equivalent; and
|
13 | | B. That person has successfully completed the examination |
14 | | authorized by
the Department.
|
15 | | (Source: P.A. 98-445, eff. 12-31-13.)
|
16 | | (225 ILCS 415/11.1 new) |
17 | | Sec. 11.1. Applicant convictions. |
18 | | (a) The Department shall not require the applicant to |
19 | | report the following information and shall not consider the |
20 | | following criminal history records in connection with an |
21 | | application for a license under this Act: |
22 | | (1) Juvenile adjudications of delinquent minors as |
23 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
24 | | subject to the restrictions set forth in Section 5-130 of |
25 | | the Juvenile Court Act of 1987. |
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1 | | (2) Law enforcement records, court records, and |
2 | | conviction records of an individual who was 17 years old at |
3 | | the time of the offense and before January 1, 2014, unless |
4 | | the nature of the offense required the individual to be |
5 | | tried as an adult. |
6 | | (3) Records of arrest not followed by a charge or |
7 | | conviction. |
8 | | (4) Records of arrest where charges were dismissed |
9 | | unless related to the practice of the profession. However, |
10 | | applicants shall not be asked to report any arrests, and |
11 | | any arrest not followed by a conviction shall not be the |
12 | | basis of a denial and may be used only to assess an |
13 | | applicant's rehabilitation. |
14 | | (5) Convictions overturned by a higher court. |
15 | | (6) Convictions or arrests that have been sealed or
|
16 | | expunged. |
17 | | (b) No applicant for license under this Act shall be denied |
18 | | a license based on a finding of a lack of "good moral |
19 | | character" when a finding is based on the fact that an |
20 | | applicant was previously convicted of a criminal offense or |
21 | | offenses. The Department, upon a finding that an applicant for |
22 | | a license was previously convicted of any felony or a |
23 | | misdemeanor directly related to the practice of the profession, |
24 | | shall consider any evidence of rehabilitation and mitigating |
25 | | factors contained in the applicant's record, including any of |
26 | | the following factors and evidence, to determine if the |
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1 | | conviction will impair the ability of the applicant to engage |
2 | | in the position for which a license is sought: |
3 | | (1) the lack of direct relation of the offense for |
4 | | which the applicant was previously convicted to the duties, |
5 | | functions, and responsibilities of the position for which a |
6 | | license is sought; |
7 | | (2) whether 5 years since a felony conviction or 3 |
8 | | years since release from confinement for the conviction, |
9 | | whichever is later, have passed without a subsequent |
10 | | conviction; |
11 | | (3) if the applicant was previously licensed or |
12 | | employed in this State or other state or jurisdictions, |
13 | | then the lack of prior misconduct arising from or related |
14 | | to the licensed position or position of employment; |
15 | | (4) the age of the person at the time of the criminal |
16 | | offense; |
17 | | (5) successful completion of sentence or for |
18 | | applicants serving a term of parole or probation, a |
19 | | progress report provided by the applicant's probation or |
20 | | parole officer that documents the applicant's compliance |
21 | | with conditions of supervision; |
22 | | (6) evidence of the applicant's present fitness and |
23 | | professional character; |
24 | | (7) evidence of rehabilitation or rehabilitative |
25 | | effort during or after incarceration, or during or after a |
26 | | term of supervision, including, but not limited to, a |
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1 | | certificate of good conduct under Section 5-5.5-25 of the |
2 | | Unified Code of Corrections or a certificate of relief from |
3 | | disabilities under Section 5-5.5-10 of the Unified Code of |
4 | | Corrections; and |
5 | | (8) any other mitigating factors that contribute to the |
6 | | person's potential and current ability to perform the |
7 | | duties and responsibilities of the position for which a |
8 | | license or employment is sought. |
9 | | (c) If the Department refuses to issue a license to an |
10 | | applicant based, in whole or in part, upon a conviction or |
11 | | convictions, then the Department shall notify the applicant of |
12 | | the denial in writing with the following included in the notice |
13 | | of denial: |
14 | | (1) a statement about the decision to refuse to issue a |
15 | | license; |
16 | | (2) a list of the convictions that the Department |
17 | | determined will impair the applicant's ability to engage in |
18 | | the position for which a license is sought; |
19 | | (3) a list of convictions that formed the sole or |
20 | | partial basis for the refusal to issue a license; and |
21 | | (4) a summary of the appeal process or the earliest the |
22 | | applicant may reapply for a license, whichever is |
23 | | applicable. |
24 | | (d) No later than May 1 of each year, the Department must |
25 | | prepare, publicly announce, and publish a report of summary |
26 | | statistical information relating to new license applications |
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1 | | during the preceding calendar year. Each report shall show, at |
2 | | a minimum: |
3 | | (1) the number of applicants for a new license under |
4 | | this Act within the previous calendar year; |
5 | | (2) the number of applicants for a new license under |
6 | | this Act within the previous calendar year who had any |
7 | | criminal conviction; |
8 | | (3) the number of applicants for a new license under |
9 | | this Act in the previous calendar year who were granted a |
10 | | license; |
11 | | (4) the number of applicants for a new license with a |
12 | | criminal conviction who were granted a license under this |
13 | | Act within the previous calendar year; |
14 | | (5) the number of applicants for a new license under |
15 | | this Act within the previous calendar year who were denied |
16 | | a license; |
17 | | (6) the number of applicants for a new license with a |
18 | | criminal conviction who were denied a license under this |
19 | | Act in the previous calendar year in part or in whole |
20 | | because of a prior conviction; and |
21 | | (7) the number of licenses issued on probation under |
22 | | this Act in the previous calendar year to applicants with a |
23 | | criminal conviction.
|
24 | | (225 ILCS 415/23) (from Ch. 111, par. 6223)
|
25 | | (Section scheduled to be repealed on January 1, 2024)
|
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1 | | Sec. 23. Grounds for disciplinary action.
|
2 | | (a) The Department may refuse to issue or renew, or may |
3 | | revoke,
suspend, place on probation, reprimand or take other |
4 | | disciplinary
or non-disciplinary action as the Department may |
5 | | deem appropriate, including imposing fines not to
exceed |
6 | | $10,000 for each violation and the assessment of costs as |
7 | | provided for in Section 23.3 of this Act, with regard to any |
8 | | license for any one
or combination of the following:
|
9 | | (1) Material misstatement in furnishing information to |
10 | | the Department;
|
11 | | (2) Violations of this Act, or of the rules promulgated |
12 | | thereunder;
|
13 | | (3) For licensees, conviction Conviction by plea of |
14 | | guilty or nolo contendere, finding of guilt, jury verdict, |
15 | | or entry of judgment or by sentencing of any crime, |
16 | | including, but not limited to, convictions, preceding |
17 | | sentences of supervision, conditional discharge, or first |
18 | | offender probation under the laws of any jurisdiction of |
19 | | the United States: (i) that is a felony or (ii) that is a |
20 | | misdemeanor, an essential element of which is dishonesty, |
21 | | or that is directly related to the practice of the |
22 | | profession ; for applicants, the provisions of Section 11.1 |
23 | | apply ;
|
24 | | (4) Fraud or any misrepresentation in applying for or |
25 | | procuring a license under this Act or in connection with |
26 | | applying for renewal of a license under this Act;
|
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1 | | (5) Professional incompetence;
|
2 | | (6) Aiding or assisting another person, firm, |
3 | | partnership or corporation
in violating any provision of |
4 | | this Act or rules;
|
5 | | (7) Failing, within 60 days, to provide information in |
6 | | response to a
written request made by the Department;
|
7 | | (8) Engaging in dishonorable, unethical or |
8 | | unprofessional conduct of a
character likely to deceive, |
9 | | defraud or harm the public;
|
10 | | (9) Habitual or excessive use or abuse of drugs defined |
11 | | in law as controlled substances, alcohol, or any other |
12 | | substances that results in the inability to practice with |
13 | | reasonable judgment, skill, or safety;
|
14 | | (10) Discipline by another state, unit of government, |
15 | | government agency, the District of Columbia, a territory,
|
16 | | or foreign nation, if at least one of the grounds for the |
17 | | discipline is
the same or substantially equivalent to those |
18 | | set forth herein;
|
19 | | (11) Charging for professional services not rendered, |
20 | | including filing false statements for the collection of |
21 | | fees for which services were not rendered, or giving, |
22 | | directly or indirectly, any gift or anything of value to |
23 | | attorneys or their staff or any other persons or entities |
24 | | associated with any litigation, that exceeds $100 total per |
25 | | year; for the purposes of this Section, pro bono services, |
26 | | as defined by State law, are permissible in any amount;
|
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1 | | (12) A finding by the Board that the certificate |
2 | | holder, after having
his certificate placed on |
3 | | probationary status, has violated the terms of
probation;
|
4 | | (13) Willfully making or filing false records or |
5 | | reports in the practice
of shorthand reporting, including |
6 | | but not limited to false records filed
with State agencies |
7 | | or departments;
|
8 | | (14) Physical illness, including but not limited to, |
9 | | deterioration through
the aging process, or loss of motor |
10 | | skill which results in the inability
to practice under this |
11 | | Act with reasonable judgment, skill or safety;
|
12 | | (15) Solicitation of professional services other than |
13 | | by permitted
advertising;
|
14 | | (16) Willful failure to take full and accurate |
15 | | stenographic notes of
any proceeding;
|
16 | | (17) Willful alteration of any stenographic notes |
17 | | taken at any proceeding;
|
18 | | (18) Willful failure to accurately transcribe verbatim |
19 | | any stenographic
notes taken at any proceeding;
|
20 | | (19) Willful alteration of a transcript of |
21 | | stenographic notes taken at
any proceeding;
|
22 | | (20) Affixing one's signature to any transcript of his |
23 | | stenographic notes
or certifying to its correctness unless |
24 | | the transcript has been prepared
by him or under his |
25 | | immediate supervision;
|
26 | | (21) Willful failure to systematically retain |
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1 | | stenographic notes or transcripts on paper or any |
2 | | electronic media for 10 years
from the date that the notes |
3 | | or transcripts were taken;
|
4 | | (22) Failure to deliver transcripts in a timely manner |
5 | | or in accordance
with contractual agreements;
|
6 | | (23) Establishing contingent fees as a basis of |
7 | | compensation;
|
8 | | (24) Mental illness or disability that results in the |
9 | | inability to practice under this Act with reasonable |
10 | | judgment, skill, or safety; |
11 | | (25) Practicing under a false or assumed name, except |
12 | | as provided by law; |
13 | | (26) Cheating on or attempting to subvert the licensing |
14 | | examination administered under this Act; |
15 | | (27) Allowing one's license under this Act to be used |
16 | | by an unlicensed person in violation of this Act. |
17 | | All fines imposed under this Section shall be paid within |
18 | | 60 days after the effective date of the order imposing the fine |
19 | | or in accordance with the terms set forth in the order imposing |
20 | | the fine. |
21 | | (b) The determination by a circuit court that a certificate |
22 | | holder is
subject to involuntary admission or judicial |
23 | | admission as provided in the
Mental Health and Developmental |
24 | | Disabilities Code, operates as an automatic
suspension. Such |
25 | | suspension will end only upon a
finding by a court that the |
26 | | patient is no longer subject to involuntary
admission or |
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1 | | judicial admission, an order by the court so finding and
|
2 | | discharging the patient. In any case where a license is |
3 | | suspended under this Section, the licensee may file a petition |
4 | | for restoration and shall include evidence acceptable to the |
5 | | Department that the licensee can resume practice in compliance |
6 | | with acceptable and prevailing standards of the profession.
|
7 | | (c) In cases where the Department of Healthcare and Family |
8 | | Services has previously determined a licensee or a potential |
9 | | licensee is more than 30 days delinquent in the payment of |
10 | | child support and has subsequently certified the delinquency to |
11 | | the Department, the Department may refuse to issue or renew or |
12 | | may revoke or suspend that person's license or may take other |
13 | | disciplinary action against that person based solely upon the |
14 | | certification of delinquency made by the Department of |
15 | | Healthcare and Family Services in accordance with item (5) of |
16 | | subsection (a) of Section 2105-15 of the Civil Administrative |
17 | | Code of Illinois. |
18 | | (d) In enforcing this Section, the Department, upon a |
19 | | showing of a possible violation, may compel any individual who |
20 | | is certified under this Act or any individual who has applied |
21 | | for certification under this Act to submit to a mental or |
22 | | physical examination and evaluation, or both, which may include |
23 | | a substance abuse or sexual offender evaluation, at the expense |
24 | | of the Department. The Department shall specifically designate |
25 | | the examining physician licensed to practice medicine in all of |
26 | | its branches or, if applicable, the multidisciplinary team |
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1 | | involved in providing the mental or physical examination and |
2 | | evaluation, or both. The multidisciplinary team shall be led by |
3 | | a physician licensed to practice medicine in all of its |
4 | | branches and may consist of one or more or a combination of |
5 | | physicians licensed to practice medicine in all of its |
6 | | branches, licensed chiropractic physicians, licensed clinical |
7 | | psychologists, licensed clinical social workers, licensed |
8 | | clinical professional counselors, and other professional and |
9 | | administrative staff. Any examining physician or member of the |
10 | | multidisciplinary team may require any person ordered to submit |
11 | | to an examination and evaluation pursuant to this Section to |
12 | | submit to any additional supplemental testing deemed necessary |
13 | | to complete any examination or evaluation process, including, |
14 | | but not limited to, blood testing, urinalysis, psychological |
15 | | testing, or neuropsychological testing. |
16 | | The Department may order the examining physician or any |
17 | | member of the multidisciplinary team to provide to the |
18 | | Department any and all records, including business records, |
19 | | that relate to the examination and evaluation, including any |
20 | | supplemental testing performed. The Department may order the |
21 | | examining physician or any member of the multidisciplinary team |
22 | | to present testimony concerning this examination and |
23 | | evaluation of the certified shorthand reporter or applicant, |
24 | | including testimony concerning any supplemental testing or |
25 | | documents relating to the examination and evaluation. No |
26 | | information, report, record, or other documents in any way |
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1 | | related to the examination and evaluation shall be excluded by |
2 | | reason of any common law or statutory privilege relating to |
3 | | communication between the licensee or applicant and the |
4 | | examining physician or any member of the multidisciplinary |
5 | | team. No authorization is necessary from the certified |
6 | | shorthand reporter or applicant ordered to undergo an |
7 | | evaluation and examination for the examining physician or any |
8 | | member of the multidisciplinary team to provide information, |
9 | | reports, records, or other documents or to provide any |
10 | | testimony regarding the examination and evaluation. The |
11 | | individual to be examined may have, at his or her own expense, |
12 | | another physician of his or her choice present during all |
13 | | aspects of the examination. |
14 | | Failure of any individual to submit to mental or physical |
15 | | examination and evaluation, or both, when directed, shall |
16 | | result in an automatic suspension, without hearing, until such |
17 | | time as the individual submits to the examination. If the |
18 | | Department finds a certified shorthand reporter unable to |
19 | | practice because of the reasons set forth in this Section, the |
20 | | Department shall require the certified shorthand reporter to |
21 | | submit to care, counseling, or treatment by physicians approved |
22 | | or designated by the Department, as a condition for continued, |
23 | | reinstated, or renewed certification. |
24 | | When the Secretary immediately suspends a certificate |
25 | | under this Section, a hearing upon the person's certificate |
26 | | must be convened by the Department within 15 days after the |
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1 | | suspension and completed without appreciable delay. The |
2 | | Department shall have the authority to review the certified |
3 | | shorthand reporter's record of treatment and counseling |
4 | | regarding the impairment, to the extent permitted by applicable |
5 | | federal statutes and regulations safeguarding the |
6 | | confidentiality of medical records. |
7 | | Individuals certified under this Act, affected under this |
8 | | Section, shall be afforded an opportunity to demonstrate to the |
9 | | Department that they can resume practice in compliance with |
10 | | acceptable and prevailing standards under the provisions of |
11 | | their certification. |
12 | | (e) The Department shall deny a license or renewal |
13 | | authorized by this Act to a person who has defaulted on an |
14 | | educational loan or scholarship provided or guaranteed by the |
15 | | Illinois Student Assistance Commission or any governmental |
16 | | agency of this State in accordance with item (5) of subsection |
17 | | (a) of Section 2105-15 of the Civil Administrative Code of |
18 | | Illinois. |
19 | | (f) The Department may refuse to issue or may suspend |
20 | | without hearing, as provided for in the Code of Civil |
21 | | Procedure, the license of any person who fails to file a |
22 | | return, to pay the tax, penalty, or interest shown in a filed |
23 | | return, or to pay any final assessment of tax, penalty, or |
24 | | interest as required by any tax Act administered by the |
25 | | Illinois Department of Revenue, until such time as the |
26 | | requirements of any such tax Act are satisfied in accordance |
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1 | | with subsection (g) of Section 2105-15 of the Civil |
2 | | Administrative Code of Illinois. |
3 | | (Source: P.A. 98-445, eff. 12-31-13; 98-756, eff. 7-16-14.)
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4 | | Section 100. The Collateral Recovery Act is amended by |
5 | | changing Sections 40, 45, 80, and 85 as follows: |
6 | | (225 ILCS 422/40) |
7 | | (Section scheduled to be repealed on January 1, 2022) |
8 | | Sec. 40. Qualifications for recovery manager; |
9 | | identification card. |
10 | | (a) An applicant is qualified for licensure as a recovery |
11 | | manager if that person meets all of the following requirements: |
12 | | (1) Is 21 years of age or older. |
13 | | (2) If convicted of any felony and less than 7 years |
14 | | have passed from the time of discharge from the sentence |
15 | | imposed, then a finding by the Commission that the |
16 | | conviction will not impair the applicant's ability to |
17 | | engage in the position requiring a license. Has not been |
18 | | convicted in any jurisdiction of any felony or at least 10 |
19 | | years has passed from the time of discharge from any |
20 | | sentence imposed for a felony. |
21 | | (3) Has completed no less than 2,500 hours of actual |
22 | | compensated collateral recovery work as an employee of a |
23 | | repossession agency, a financial institution, or a vehicle |
24 | | dealer within the 5 years immediately preceding the filing |
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1 | | of an application, acceptable proof of which must be |
2 | | submitted to the Commission. |
3 | | (4) Has submitted to the Commission 2 sets of |
4 | | fingerprints, which shall be checked against the |
5 | | fingerprint records on file with the Illinois State Police |
6 | | and the Federal Bureau of Investigation in the manner set |
7 | | forth in Section 60 of this Act. |
8 | | (5) Has successfully completed a certification program |
9 | | approved by the Commission. |
10 | | (6) Has paid the required application fees. |
11 | | (b) Upon the issuance of a recovery manager license, the |
12 | | Commission shall issue the license holder a suitable pocket |
13 | | identification card that shall include a photograph of the |
14 | | license holder. The identification card must contain the name |
15 | | of the license holder and any other information required by the |
16 | | Commission. An applicant who is 21 years of age or older |
17 | | seeking a religious exemption to the photograph requirement of |
18 | | this subsection shall furnish with his or her application an |
19 | | approved copy of United States Department of the Treasury |
20 | | Internal Revenue Service Form 4029. |
21 | | (c) A recovery manager license is not transferable.
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22 | | (Source: P.A. 97-576, eff. 7-1-12; 98-848, eff. 1-1-15 .) |
23 | | (225 ILCS 422/45) |
24 | | (Section scheduled to be repealed on January 1, 2022) |
25 | | Sec. 45. Repossession agency employee requirements. |
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1 | | (a) All employees of a licensed repossession agency whose |
2 | | duties include the actual repossession of collateral must apply |
3 | | for a recovery permit. The holder of a repossession agency |
4 | | license issued under this Act, known in this Section as the |
5 | | "employer", may employ in the conduct of the business under the |
6 | | following provisions: |
7 | | (1) No person may be issued a recovery permit who meets |
8 | | any of the following criteria: |
9 | | (A) Is younger than 21 years of age. |
10 | | (B) Has been determined by the Commission to be |
11 | | unfit by reason of conviction of an offense in this or |
12 | | another state, other than a minor traffic offense , that |
13 | | the Commission determines will impair the ability of |
14 | | the person to engage in the position for which a permit |
15 | | is sought . The Commission shall adopt rules for making |
16 | | those determinations. |
17 | | (C) Has had a license or recovery permit denied, |
18 | | suspended, or revoked under this Act. |
19 | | (D) Has not successfully completed a certification |
20 | | program approved by the Commission. |
21 | | (2) No person may be employed by a repossession agency |
22 | | under this Section until he or she has executed and |
23 | | furnished to the Commission, on forms furnished by the |
24 | | Commission, a verified statement to be known as an |
25 | | "Employee's Statement" setting forth all of the following: |
26 | | (A) The person's full name, age, and residence |
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1 | | address. |
2 | | (B) The business or occupation engaged in for the 5 |
3 | | years immediately before the date of the execution of |
4 | | the statement, the place where the business or |
5 | | occupation was engaged in, and the names of the |
6 | | employers, if any. |
7 | | (C) That the person has not had a license or |
8 | | recovery permit denied, revoked, or suspended under |
9 | | this Act. |
10 | | (D) Any conviction of a felony, except as provided |
11 | | for in Section 85. |
12 | | (E) Any other information as may be required by any |
13 | | rule of the Commission to show the good character, |
14 | | competency, and integrity of the person executing the |
15 | | statement. |
16 | | (b) Each applicant for a recovery permit shall have his or |
17 | | her fingerprints submitted to the Commission by a Live Scan |
18 | | fingerprint vendor certified by the Illinois State Police under |
19 | | the Private Detective, Private Alarm, Private Security, |
20 | | Fingerprint Vendor, and Locksmith Act of 2004 in an electronic |
21 | | format that complies with the form and manner for requesting |
22 | | and furnishing criminal history record information as |
23 | | prescribed by the Illinois State Police. These fingerprints |
24 | | shall be checked against the Illinois State Police and Federal |
25 | | Bureau of Investigation criminal history record databases now |
26 | | and hereafter filed. The Commission shall charge applicants a |
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1 | | fee for conducting the criminal history records check, which |
2 | | shall not exceed the actual cost of the records check. The |
3 | | Illinois Commerce Commission Police shall furnish, pursuant to |
4 | | positive identification, records of Illinois convictions to |
5 | | the Commission. The Commission, in its discretion, may allow an |
6 | | applicant who does not have reasonable access to a designated |
7 | | vendor to provide his or her fingerprints in an alternative |
8 | | manner. The Commission, in its discretion, may also use other |
9 | | procedures in performing or obtaining criminal history records |
10 | | checks of applicants. Instead of submitting his or her |
11 | | fingerprints, an individual may submit proof that is |
12 | | satisfactory to the Commission that an equivalent security |
13 | | clearance has been conducted. |
14 | | (c) Qualified applicants shall purchase a recovery permit |
15 | | from the Commission and in a form that the Commission |
16 | | prescribes. The Commission shall notify the submitting person |
17 | | within 10 days after receipt of the application of its intent |
18 | | to issue or deny the recovery permit. The holder of a recovery |
19 | | permit shall carry the recovery permit at all times while |
20 | | actually engaged in the performance of the duties of his or her |
21 | | employment. No recovery permit shall be effective unless |
22 | | accompanied by a license issued by the Commission. Expiration |
23 | | and requirements for renewal of recovery permits shall be |
24 | | established by rule of the Commission. Possession of a recovery |
25 | | permit does not in any way imply that the holder of the |
26 | | recovery permit is employed by any agency unless the recovery |
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1 | | permit is accompanied by the employee identification card |
2 | | required by subsection (e) of this Section. |
3 | | (d) Each employer shall maintain a record of each employee |
4 | | that is accessible to the duly authorized representatives of |
5 | | the Commission. The record shall contain all of the following |
6 | | information: |
7 | | (1) A photograph taken within 10 days after the date |
8 | | that the employee begins employment with the employer. The |
9 | | photograph shall be replaced with a current photograph |
10 | | every 3 calendar years. |
11 | | (2) The Employee's Statement specified in paragraph |
12 | | (2) of subsection (a) of this Section. |
13 | | (3) All correspondence or documents relating to the |
14 | | character and integrity of the employee received by the |
15 | | employer from any official source or law enforcement |
16 | | agency. |
17 | | (4) In the case of former employees, the employee |
18 | | identification card of that person issued under subsection |
19 | | (e) of this Section. |
20 | | (e) Every employer shall furnish an employee |
21 | | identification card to each of his or her employees. This |
22 | | subsection (e) shall not apply to office or clerical personnel. |
23 | | This employee identification card shall contain a recent |
24 | | photograph of the employee, the employee's name, the name and |
25 | | agency license number of the employer, the employee's personal |
26 | | description, the signature of the employer, the signature of |
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1 | | that employee, the date of issuance, and an employee |
2 | | identification card number. |
3 | | (f) No employer may issue an employee identification card |
4 | | to any person who is not employed by the employer in accordance |
5 | | with this Section or falsely state or represent that a person |
6 | | is or has been in his or her employ. It is unlawful for an |
7 | | applicant for registration to file with the Commission the |
8 | | fingerprints of a person other than himself or herself or to |
9 | | fail to exercise due diligence in resubmitting replacement |
10 | | fingerprints for those employees who have had original |
11 | | fingerprint submissions returned as unclassifiable. An agency |
12 | | shall inform the Commission within 15 days after contracting or |
13 | | employing a licensed repossession agency employee. The |
14 | | Commission shall develop a registration process by rule. |
15 | | (g) Every employer shall obtain the identification card of |
16 | | every employee who terminates employment with the employer. An |
17 | | employer shall immediately report an identification card that |
18 | | is lost or stolen to the local police department having |
19 | | jurisdiction over the repossession agency location. |
20 | | (h) No agency may employ any person to perform any activity |
21 | | under this Act unless the person possesses a valid license or |
22 | | recovery permit under this Act. |
23 | | (i) If information is discovered affecting the |
24 | | registration of a person whose fingerprints were submitted |
25 | | under this Section, then the Commission shall so notify the |
26 | | agency that submitted the fingerprints on behalf of that |
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1 | | person. |
2 | | (j) A person employed under this Section shall have 15 |
3 | | business days within which to notify the Commission of any |
4 | | change in employer, but may continue working under any other |
5 | | recovery permits granted as an employee or independent |
6 | | contractor. |
7 | | (k) This Section applies only to those employees of |
8 | | licensed repossession agencies whose duties include actual |
9 | | repossession of collateral.
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10 | | (l) An applicant who is 21 years of age or older seeking a |
11 | | religious exemption to the photograph requirement of this |
12 | | Section shall furnish with his or her application an approved |
13 | | copy of United States Department of the Treasury Internal |
14 | | Revenue Service Form 4029. Regardless of age, an applicant |
15 | | seeking a religious exemption to this photograph requirement |
16 | | shall submit fingerprints in a form and manner prescribed by |
17 | | the Commission with his or her application in lieu of a |
18 | | photograph. |
19 | | (Source: P.A. 97-576, eff. 7-1-12; 98-848, eff. 1-1-15 .) |
20 | | (225 ILCS 422/80)
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21 | | (Section scheduled to be repealed on January 1, 2022) |
22 | | Sec. 80. Refusal, revocation, or suspension. |
23 | | (a) The Commission may refuse to issue or renew or may |
24 | | revoke any license or recovery permit or may suspend, place on |
25 | | probation, fine, or take any disciplinary action that the |
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1 | | Commission may deem proper, including fines not to exceed |
2 | | $2,500 for each violation, with regard to any license holder or |
3 | | recovery permit holder for one or any combination of the |
4 | | following causes: |
5 | | (1) Knowingly making any misrepresentation for the |
6 | | purpose of obtaining a license or recovery permit. |
7 | | (2) Violations of this Act or its rules. |
8 | | (3) For licensees or permit holders, conviction |
9 | | Conviction of any crime under the laws of the United States |
10 | | or any state or territory thereof that is (i) a felony, |
11 | | (ii) a misdemeanor, an essential element of which is |
12 | | dishonesty, or (iii) a crime that is related to the |
13 | | practice of the profession. For license or permit |
14 | | applicants, the provisions of Section 85 of this Act apply. |
15 | | (4) Aiding or abetting another in violating any |
16 | | provision of this Act or its rules. |
17 | | (5) Engaging in dishonorable, unethical, or |
18 | | unprofessional conduct of a character likely to deceive, |
19 | | defraud, or harm the public as defined by rule. |
20 | | (6) Violation of any court order from any State or |
21 | | public agency engaged in the enforcement of payment of |
22 | | child support arrearages or for noncompliance with certain |
23 | | processes relating to paternity or support proceeding. |
24 | | (7) Solicitation of professional services by using |
25 | | false or misleading advertising. |
26 | | (8) A finding that the license or recovery permit was |
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1 | | obtained by fraudulent means. |
2 | | (9) Practicing or attempting to practice under a name |
3 | | other than the full name shown on the license or recovery |
4 | | permit or any other legally authorized name. |
5 | | (b) The Commission may refuse to issue or may suspend the |
6 | | license or recovery permit of any person or entity who fails to |
7 | | file a return, pay the tax, penalty, or interest shown in a |
8 | | filed return, or pay any final assessment of tax, penalty, or |
9 | | interest, as required by any tax Act administered by the |
10 | | Department of Revenue, until the time the requirements of the |
11 | | tax Act are satisfied. The Commission may take into |
12 | | consideration any pending tax disputes properly filed with the |
13 | | Department of Revenue.
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14 | | (Source: P.A. 97-576, eff. 7-1-12 .) |
15 | | (225 ILCS 422/85)
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16 | | (Section scheduled to be repealed on January 1, 2022) |
17 | | Sec. 85. Consideration of past crimes. |
18 | | (a) The Commission shall not require the applicant to |
19 | | report the following information and shall not consider the |
20 | | following criminal history records in connection with an |
21 | | application for a license or permit under this Act: |
22 | | (1) Juvenile adjudications of delinquent minors as |
23 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
24 | | subject to the restrictions set forth in Section 5-130 of |
25 | | the Juvenile Court Act of 1987. |
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1 | | (2) Law enforcement records, court records, and |
2 | | conviction records of an individual who was 17 years old at |
3 | | the time of the offense and before January 1, 2014, unless |
4 | | the nature of the offense required the individual to be |
5 | | tried as an adult. |
6 | | (3) Records of arrest not followed by a conviction. |
7 | | (4) Convictions overturned by a higher court. |
8 | | (5) Convictions or arrests that have been sealed or |
9 | | expunged. |
10 | | (b) When (a) Notwithstanding the prohibitions set forth in |
11 | | Sections 40 and 45 of this Act, when considering the denial of |
12 | | a license or recovery permit on the grounds of conviction of a |
13 | | crime, the Commission, in evaluating the rehabilitation of the |
14 | | applicant and the applicant's present eligibility for a license |
15 | | or recovery permit, shall consider each of the following |
16 | | criteria: |
17 | | (1) The lack of direct relation of the offense for |
18 | | which the applicant was previously convicted to the duties, |
19 | | functions, and responsibilities of the position for which a |
20 | | license is sought. The nature and severity of the act or |
21 | | crime under consideration as grounds for denial. |
22 | | (2) Circumstances relative to the offense, including |
23 | | the applicant's age at the time that the offense was |
24 | | committed. |
25 | | (3) (2) Evidence of any act committed subsequent to the |
26 | | act or crime under consideration as grounds for denial, |
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1 | | which also could be considered as grounds for disciplinary |
2 | | action under this Act. |
3 | | (4) (3) The amount of time that has lapsed since the |
4 | | commission of the act or crime referred to in item (1) or |
5 | | (2) of this subsection (a) . |
6 | | (5) Successful completion of sentence or for |
7 | | applicants serving a term of parole or probation, a |
8 | | progress report provided by the applicant's probation or |
9 | | parole officer that documents the applicant's compliance |
10 | | with conditions of supervision. (4) The extent to which the |
11 | | applicant has complied with any terms of parole, probation, |
12 | | restitution, or any other sanctions lawfully imposed |
13 | | against the applicant. |
14 | | (6) If the applicant was previously licensed or |
15 | | employed in this State or other state or jurisdictions, |
16 | | then the lack of prior misconduct arising from or related |
17 | | to the licensed position or position of employment. (5) |
18 | | Evidence, if any, of rehabilitation submitted by the |
19 | | applicant. |
20 | | (7) Evidence of rehabilitation or rehabilitative |
21 | | effort during or after incarceration, or during or after a |
22 | | term of supervision, including, but not limited to, a |
23 | | certificate of good conduct under Section 5-5.5-25 of the |
24 | | Unified Code of Corrections or a certificate of relief from |
25 | | disabilities under Section 5-5.5-10 of the Unified Code of |
26 | | Corrections. |
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1 | | (8) Any other mitigating factors that contribute to the |
2 | | person's potential and current ability to perform the |
3 | | duties and responsibilities of practices licensed or |
4 | | registered under this Act. |
5 | | (c) (b) When considering the suspension or revocation of a |
6 | | license or recovery permit on the grounds of conviction of a |
7 | | crime, the Commission, in evaluating the rehabilitation of the |
8 | | applicant , whether the conviction will impair the applicant's |
9 | | ability to engage in the position for which a license or permit |
10 | | is sought, and the applicant's present eligibility for a |
11 | | license or recovery permit, shall consider each of the |
12 | | following criteria: |
13 | | (1) The nature and severity of the act or offense. |
14 | | (2) The license holder's or recovery permit holder's |
15 | | criminal record in its entirety. |
16 | | (3) The amount of time that has lapsed since the |
17 | | commission of the act or offense. |
18 | | (4) Whether the license holder or recovery permit |
19 | | holder has complied with any terms of parole, probation, |
20 | | restitution, or any other sanctions lawfully imposed |
21 | | against him or her. |
22 | | (5) If applicable, evidence of expungement |
23 | | proceedings. |
24 | | (6) Evidence, if any, of rehabilitation submitted by |
25 | | the license holder or recovery permit holder.
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26 | | (d) If the Commission refuses to grant a license or permit |
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1 | | to an applicant, then the Commission shall notify the applicant |
2 | | of the denial in writing with the following included in the |
3 | | notice of denial: |
4 | | (1) a statement about the decision to refuse to grant a |
5 | | license or permit; |
6 | | (2) a list of the convictions that the Commission |
7 | | determined will impair the applicant's ability to engage in |
8 | | the position for which a license or permit is sought; |
9 | | (3) a list of convictions that formed the sole or |
10 | | partial basis for the refusal to grant a license or permit; |
11 | | and |
12 | | (4) a summary of the appeal process or the earliest the |
13 | | applicant may reapply for a license or permit, whichever is |
14 | | applicable. |
15 | | (e) No later than May 1 of each year, the Commission must |
16 | | prepare, publicly announce, and publish a report of summary |
17 | | statistical information relating to new and renewal license or |
18 | | permit applications during the preceding calendar year. Each |
19 | | report shall show, at a minimum: |
20 | | (1) the number of applicants for a new or renewal |
21 | | license or permit under this Act within the previous |
22 | | calendar year; |
23 | | (2) the number of applicants for a new or renewal |
24 | | license or permit under this Act within the previous |
25 | | calendar year who had any criminal conviction; |
26 | | (3) the number of applicants for a new or renewal |
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1 | | license or permit under this Act in the previous calendar |
2 | | year who were granted a license or permit; |
3 | | (4) the number of applicants for a new or renewal |
4 | | license or permit with a criminal conviction who were |
5 | | granted a license or permit under this Act within the |
6 | | previous calendar year; |
7 | | (5) the number of applicants for a new or renewal |
8 | | license or permit under this Act within the previous |
9 | | calendar year who were denied a license or permit; |
10 | | (6) the number of applicants for a new or renewal |
11 | | license or permit with a criminal conviction who were |
12 | | denied a license or permit under this Act in the previous |
13 | | calendar year in whole or in part because of a prior |
14 | | conviction; |
15 | | (7) the number of licenses or permits issued on |
16 | | probation without monitoring under this Act in the previous |
17 | | calendar year to applicants with a criminal conviction; and |
18 | | (8) the number of licenses or permits issued on |
19 | | probation with monitoring under this Act in the previous |
20 | | calendar year to applicants with a criminal conviction. |
21 | | (Source: P.A. 97-576, eff. 7-1-12 .) |
22 | | Section 105. The Community Association Manager Licensing |
23 | | and Disciplinary Act is amended by changing Section 85 and by |
24 | | adding Section 43 as follows: |
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1 | | (225 ILCS 427/43 new) |
2 | | Sec. 43. Applicant convictions. |
3 | | (a) The Department shall not require the applicant to |
4 | | report the following information and shall not consider the |
5 | | following criminal history records in connection with an |
6 | | application for a license under this Act: |
7 | | (1) Juvenile adjudications of delinquent minors as |
8 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
9 | | subject to the restrictions set forth in Section 5-130 of |
10 | | the Juvenile Court Act of 1987. |
11 | | (2) Law enforcement records, court records, and |
12 | | conviction records of an individual who was 17 years old at |
13 | | the time of the offense and before January 1, 2014, unless |
14 | | the nature of the offense required the individual to be |
15 | | tried as an adult. |
16 | | (3) Records of arrest not followed by a charge or |
17 | | conviction. |
18 | | (4) Records of arrest where charges were dismissed |
19 | | unless related to the practice of the profession. However, |
20 | | applicants shall not be asked to report any arrests, and |
21 | | any arrest not followed by a conviction shall not be the |
22 | | basis of a denial and may be used only to assess an |
23 | | applicant's rehabilitation. |
24 | | (5) Convictions overturned by a higher court. |
25 | | (6) Convictions or arrests that have been sealed or
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26 | | expunged. |
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1 | | (b) The Department, upon a finding that an applicant for a |
2 | | license was previously convicted of any felony or a misdemeanor |
3 | | directly related to the practice of the profession, shall |
4 | | consider any evidence of rehabilitation and mitigating factors |
5 | | contained in the applicant's record, including any of the |
6 | | following factors and evidence, to determine if the conviction |
7 | | will impair the ability of the applicant to engage in the |
8 | | position for which a license is sought: |
9 | | (1) the lack of direct relation of the offense for |
10 | | which the applicant was previously convicted to the duties, |
11 | | functions, and responsibilities of the position for which a |
12 | | license is sought; |
13 | | (2) whether 5 years since a felony conviction or 3 |
14 | | years since release from confinement for the conviction, |
15 | | whichever is later, have passed without a subsequent |
16 | | conviction; |
17 | | (3) if the applicant was previously licensed or |
18 | | employed in this State or other state or jurisdictions, |
19 | | then the lack of prior misconduct arising from or related |
20 | | to the licensed position or position of employment; |
21 | | (4) the age of the person at the time of the criminal |
22 | | offense; |
23 | | (5) successful completion of sentence and, for |
24 | | applicants serving a term of parole or probation, a |
25 | | progress report provided by the applicant's probation or |
26 | | parole officer that documents the applicant's compliance |
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1 | | with conditions of supervision; |
2 | | (6) evidence of the applicant's present fitness and |
3 | | professional character; |
4 | | (7) evidence of rehabilitation or rehabilitative |
5 | | effort during or after incarceration, or during or after a |
6 | | term of supervision, including, but not limited to, a |
7 | | certificate of good conduct under Section 5-5.5-25 of the |
8 | | Unified Code of Corrections or a certificate of relief from |
9 | | disabilities under Section 5-5.5-10 of the Unified Code of |
10 | | Corrections; and |
11 | | (8) any other mitigating factors that contribute to the |
12 | | person's potential and current ability to perform the |
13 | | duties and responsibilities of the position for which a |
14 | | license or employment is sought. |
15 | | (c) If the Department refuses to grant a license to an |
16 | | applicant based upon a conviction or convictions in whole or in |
17 | | part, then the Department shall notify the applicant of the |
18 | | denial in writing with the following included in the notice of |
19 | | denial: |
20 | | (1) a statement about the decision to refuse to issue a |
21 | | license; |
22 | | (2) a list of convictions that the Department |
23 | | determined will impair the applicant's ability to engage in |
24 | | the position for which a license is sought; |
25 | | (3) a list of convictions that formed the sole or |
26 | | partial basis for the refusal to issue a license; and |
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1 | | (4) a summary of the appeal process or the earliest the |
2 | | applicant may reapply for a license, whichever is |
3 | | applicable. |
4 | | (d) No later than May 1 of each year, the Department must |
5 | | prepare, publicly announce, and publish a report of summary |
6 | | statistical information relating to new license applications |
7 | | during the preceding calendar year. Each report shall show, at |
8 | | a minimum: |
9 | | (1) the number of applicants for a new license under |
10 | | this Act within the previous calendar year; |
11 | | (2) the number of applicants for a new license under |
12 | | this Act within the previous calendar year who had any |
13 | | criminal conviction; |
14 | | (3) the number of applicants for a new license under |
15 | | this Act in the previous calendar year who were granted a |
16 | | license; |
17 | | (4) the number of applicants for a new license with a |
18 | | criminal conviction who were granted a license under this |
19 | | Act within the previous calendar year; |
20 | | (5) the number of applicants for a new license under |
21 | | this Act within the previous calendar year who were denied |
22 | | a license; |
23 | | (6) the number of applicants for a new license with a |
24 | | criminal conviction who were denied a license under this |
25 | | Act in the previous calendar year in part or in whole |
26 | | because of a prior conviction; and |
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1 | | (7) the number of licenses issued on probation under |
2 | | this Act in the previous calendar year to applicants with a |
3 | | criminal conviction. |
4 | | (225 ILCS 427/85)
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5 | | (Section scheduled to be repealed on January 1, 2020) |
6 | | Sec. 85. Grounds for discipline; refusal, revocation, or |
7 | | suspension. |
8 | | (a) The Department may refuse to issue or renew a license, |
9 | | or may place on probation, reprimand, suspend, or revoke any |
10 | | license, or take any other disciplinary or non-disciplinary |
11 | | action as the Department may deem proper and impose a fine not |
12 | | to exceed $10,000 for each violation upon any licensee or |
13 | | applicant under this Act or any person or entity who holds |
14 | | himself, herself, or itself out as an applicant or licensee for |
15 | | any one or combination of the following causes: |
16 | | (1) Material misstatement in furnishing information to |
17 | | the Department. |
18 | | (2) Violations of this Act or its rules. |
19 | | (3) For licensees, conviction Conviction of or entry of |
20 | | a plea of guilty or plea of nolo contendere to a felony or |
21 | | a misdemeanor under the laws of the United States, any |
22 | | state, or any other jurisdiction or entry of an |
23 | | administrative sanction by a government agency in this |
24 | | State or any other jurisdiction. Action taken under this |
25 | | paragraph (3) for a misdemeanor or an administrative |
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1 | | sanction is limited to a misdemeanor or administrative |
2 | | sanction that has as an essential element dishonesty or |
3 | | fraud, that involves larceny, embezzlement, or obtaining |
4 | | money, property, or credit by false pretenses or by means |
5 | | of a confidence game, or that is directly related to the |
6 | | practice of the profession ; for applicants, the provisions |
7 | | of Section 43 apply . |
8 | | (4) Making any misrepresentation for the purpose of |
9 | | obtaining a license or violating any provision of this Act |
10 | | or its rules. |
11 | | (5) Professional incompetence. |
12 | | (6) Gross negligence. |
13 | | (7) Aiding or assisting another person in violating any |
14 | | provision of this Act or its rules. |
15 | | (8) Failing, within 30 days, to provide information in |
16 | | response to a request made by the Department. |
17 | | (9) Engaging in dishonorable, unethical, or |
18 | | unprofessional conduct of a character likely to deceive, |
19 | | defraud or harm the public as defined by the rules of the |
20 | | Department, or violating the rules of professional conduct |
21 | | adopted by the Department. |
22 | | (10) Habitual or excessive use or addiction to alcohol, |
23 | | narcotics, stimulants, or any other chemical agent or drug |
24 | | that results in the inability to practice with reasonable |
25 | | judgment, skill, or safety. |
26 | | (11) Having been disciplined by another state, the |
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1 | | District of Columbia, a territory, a foreign nation, or a |
2 | | governmental agency authorized to impose discipline if at |
3 | | least one of the grounds for the discipline is the same or |
4 | | substantially equivalent of one of the grounds for which a |
5 | | licensee may be disciplined under this Act. A certified |
6 | | copy of the record of the action by the other state or |
7 | | jurisdiction shall be prima facie evidence thereof. |
8 | | (12) Directly or indirectly giving to or receiving from |
9 | | any person, firm, corporation, partnership or association |
10 | | any fee, commission, rebate, or other form of compensation |
11 | | for any professional services not actually or personally |
12 | | rendered. |
13 | | (13) A finding by the Department that the licensee, |
14 | | after having his, her, or its license placed on |
15 | | probationary status, has violated the terms of probation. |
16 | | (14) Willfully making or filing false records or |
17 | | reports relating to a licensee's practice, including but |
18 | | not limited to false records filed with any State or |
19 | | federal agencies or departments. |
20 | | (15) Being named as a perpetrator in an indicated |
21 | | report by the Department of Children and Family Services |
22 | | under the Abused and Neglected Child Reporting Act and upon |
23 | | proof by clear and convincing evidence that the licensee |
24 | | has caused a child to be an abused child or neglected child |
25 | | as defined in the Abused and Neglected Child Reporting Act. |
26 | | (16) Physical illness or mental illness or impairment, |
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1 | | including, but not limited to, deterioration through the |
2 | | aging process or loss of motor skill that results in the |
3 | | inability to practice the profession with reasonable |
4 | | judgment, skill, or safety. |
5 | | (17) Solicitation of professional services by using |
6 | | false or misleading advertising. |
7 | | (18) A finding that licensure has been applied for or |
8 | | obtained by fraudulent means. |
9 | | (19) Practicing or attempting to practice under a name |
10 | | other than the full name as shown on the license or any |
11 | | other legally authorized name. |
12 | | (20) Gross overcharging for professional services |
13 | | including, but not limited to, (i) collection of fees or |
14 | | moneys for services that are not rendered; and (ii) |
15 | | charging for services that are not in accordance with the |
16 | | contract between the licensee and the community |
17 | | association. |
18 | | (21) Improper commingling of personal and client funds |
19 | | in violation of this Act or any rules promulgated thereto. |
20 | | (22) Failing to account for or remit any moneys or |
21 | | documents coming into the licensee's possession that |
22 | | belong to another person or entity. |
23 | | (23) Giving differential treatment to a person that is |
24 | | to that person's detriment because of race, color, creed, |
25 | | sex, religion, or national origin. |
26 | | (24) Performing and charging for services without |
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1 | | reasonable authorization to do so from the person or entity |
2 | | for whom service is being provided. |
3 | | (25) Failing to make available to the Department, upon |
4 | | request, any books, records, or forms required by this Act. |
5 | | (26) Purporting to be a supervising community |
6 | | association manager of a firm without active participation |
7 | | in the firm. |
8 | | (27) Failing to make available to the Department at the |
9 | | time of the request any indicia of licensure or |
10 | | registration issued under this Act. |
11 | | (28) Failing to maintain and deposit funds belonging to |
12 | | a community association in accordance with subsection (b) |
13 | | of Section 55 of this Act. |
14 | | (29) Violating the terms of a disciplinary order issued |
15 | | by the Department. |
16 | | (b) In accordance with subdivision (a)(5) of Section |
17 | | 2105-15 of the Department of Professional Regulation Law of the |
18 | | Civil Administrative Code of Illinois (20 ILCS 2105/2105-15), |
19 | | the Department shall deny a license or renewal authorized by |
20 | | this Act to a person who has defaulted on an educational loan |
21 | | or scholarship provided or guaranteed by the Illinois Student |
22 | | Assistance Commission or any governmental agency of this State. |
23 | | (c) 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 |
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1 | | terminate only upon a finding by a court that the patient is no |
2 | | longer subject to involuntary admission or judicial admission |
3 | | and the issuance of an order so finding and discharging the |
4 | | patient, and upon the recommendation of the Board to the |
5 | | Secretary that the licensee be allowed to resume his or her |
6 | | practice as a licensed community association manager. |
7 | | (d) In accordance with subsection (g) of Section 2105-15 of |
8 | | the Department of Professional Regulation Law of the Civil |
9 | | Administrative Code of Illinois (20 ILCS 2105/2105-15), the |
10 | | Department may refuse to issue or renew or may suspend the |
11 | | license of any person who fails to file a return, to pay the |
12 | | tax, penalty, or interest shown in a filed return, or to pay |
13 | | any final assessment of tax, penalty, or interest, as required |
14 | | by any tax Act administered by the Department of Revenue, until |
15 | | such time as the requirements of that tax Act are satisfied.
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16 | | (e) In accordance with subdivision (a)(5) of Section |
17 | | 2105-15 of the Department of Professional Regulation Law of the |
18 | | Civil Administrative Code of Illinois (20 ILCS 2105/2105-15) |
19 | | and in cases where the Department of Healthcare and Family |
20 | | Services (formerly Department of Public Aid) has previously |
21 | | determined that a licensee or a potential licensee is more than |
22 | | 30 days delinquent in the payment of child support and has |
23 | | subsequently certified the delinquency to the Department may |
24 | | refuse to issue or renew or may revoke or suspend that person's |
25 | | license or may take other disciplinary action against that |
26 | | person based solely upon the certification of delinquency made |
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1 | | by the Department of Healthcare and Family Services. |
2 | | (f) In enforcing this Section, the Department or Board upon |
3 | | a showing of a possible violation may compel a licensee or an |
4 | | individual licensed to practice under this Act, or who has |
5 | | applied for licensure under this Act, to submit to a mental or |
6 | | physical examination, or both, as required by and at the |
7 | | expense of the Department. The Department or Board may order |
8 | | the examining physician to present testimony concerning the |
9 | | mental or physical examination of the licensee or applicant. No |
10 | | information shall be excluded by reason of any common law or |
11 | | statutory privilege relating to communications between the |
12 | | licensee or applicant and the examining physician. The |
13 | | examining physicians shall be specifically designated by the |
14 | | Board or Department. The individual to be examined may have, at |
15 | | his or her own expense, another physician of his or her choice |
16 | | present during all aspects of this examination. Failure of an |
17 | | individual to submit to a mental or physical examination, when |
18 | | directed, shall be grounds for suspension of his or her license |
19 | | or denial of his or her application or renewal until the |
20 | | individual submits to the examination if the Department finds, |
21 | | after notice and hearing, that the refusal to submit to the |
22 | | examination was without reasonable cause.
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23 | | If the Department or Board finds an individual unable to |
24 | | practice because of the reasons set forth in this Section, the |
25 | | Department or Board may require that individual to submit to |
26 | | care, counseling, or treatment by physicians approved or |
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1 | | designated by the Department or Board, as a condition, term, or |
2 | | restriction for continued, reinstated, or renewed licensure to |
3 | | practice; or, in lieu of care, counseling, or treatment, the |
4 | | Department may file, or the Board may recommend to the |
5 | | Department to file, a complaint to immediately suspend, revoke, |
6 | | deny, or otherwise discipline the license of the individual. An |
7 | | individual whose license was granted, continued, reinstated, |
8 | | renewed, disciplined or supervised subject to such terms, |
9 | | conditions, or restrictions, and who fails to comply with such |
10 | | terms, conditions, or restrictions, shall be referred to the |
11 | | Secretary for a determination as to whether the individual |
12 | | shall have his or her license suspended immediately, pending a |
13 | | hearing by the Department. |
14 | | In instances in which the Secretary immediately suspends a |
15 | | person's license under this Section, a hearing on that person's |
16 | | license must be convened by the Department within 30 days after |
17 | | the suspension and completed without appreciable delay. The |
18 | | Department and Board shall have the authority to review the |
19 | | subject individual's record of treatment and counseling |
20 | | regarding the impairment to the extent permitted by applicable |
21 | | federal statutes and regulations safeguarding the |
22 | | confidentiality of medical records. |
23 | | An individual licensed under this Act and affected under |
24 | | this Section shall be afforded an opportunity to demonstrate to |
25 | | the Department or Board that he or she can resume practice in |
26 | | compliance with acceptable and prevailing standards under the |
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1 | | provisions of his or her license.
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2 | | (Source: P.A. 97-333, eff. 8-12-11; 98-365, eff. 1-1-14; |
3 | | 98-756, eff. 7-16-14.) |
4 | | Section 110. The Interpreter for the Deaf Licensure Act of |
5 | | 2007 is amended by changing Sections 45 and 115 and by adding |
6 | | Section 47 as follows: |
7 | | (225 ILCS 443/45) |
8 | | (Section scheduled to be repealed on January 1, 2018)
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9 | | Sec. 45. Qualifications for licensure. A person shall be |
10 | | qualified to be licensed as an interpreter for the deaf and the |
11 | | Commission shall issue a license to an applicant who: |
12 | | (1) has applied in writing on the prescribed forms and |
13 | | paid the required fees; |
14 | | (2) is of good moral character; in determining good |
15 | | mo |