HB3743 EngrossedLRB102 14600 SPS 19953 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by
5changing Sections 4.32 and 4.37 as follows:
 
6    (5 ILCS 80/4.32)
7    Sec. 4.32. Acts repealed on January 1, 2022. The following
8Acts are repealed on January 1, 2022:
9    The Boxing and Full-contact Martial Arts Act.
10    The Cemetery Oversight Act.
11    The Collateral Recovery Act.
12    The Community Association Manager Licensing and
13Disciplinary Act.
14    The Crematory Regulation Act.
15    The Detection of Deception Examiners Act.
16    The Home Inspector License Act.
17    The Illinois Health Information Exchange and Technology
18Act.
19    The Medical Practice Act of 1987.
20    The Registered Interior Designers Act.
21    The Massage Licensing Act.
22    The Petroleum Equipment Contractors Licensing Act.
23    The Radiation Protection Act of 1990.

 

 

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1    The Real Estate Appraiser Licensing Act of 2002.
2    The Water Well and Pump Installation Contractor's License
3Act.
4(Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19;
5101-614, eff. 12-20-19; 101-639, eff. 6-12-20.)
 
6    Section 5. The Regulatory Sunset Act is amended by
7changing Section 4.37 as follows:
 
8    (5 ILCS 80/4.37)
9    Sec. 4.37. Acts and Articles repealed on January 1, 2027.
10The following are repealed on January 1, 2027:
11    The Clinical Psychologist Licensing Act.
12    The Illinois Optometric Practice Act of 1987.
13    Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
14XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
15    The Boiler and Pressure Vessel Repairer Regulation Act.
16    The Marriage and Family Therapy Licensing Act.
17    The Boxing and Full-contact Martial Arts Act.
18(Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16;
1999-910, eff. 12-16-16; 99-911, eff. 12-16-16; 100-201, eff.
208-18-17; 100-372, eff. 8-25-17.)
 
21    Section 10. The Boxing and Full-contact Martial Arts Act
22is amended by changing Sections 1, 2, 5, 6, 7, 8, 10, 11, 12,
2313, 15, 16, 17, 17.7, 17.8, 17.9, 18, 19, 19.1, 19.5, 20, 21,

 

 

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122, 23, 23.1, 24, 24.5, and 25.1 and by adding Sections 1.4 and
22.5 as follows:
 
3    (225 ILCS 105/1)  (from Ch. 111, par. 5001)
4    (Section scheduled to be repealed on January 1, 2022)
5    Sec. 1. Short title and definitions.
6    (a) This Act may be cited as the Boxing and Full-contact
7Martial Arts Act.
8    (b) As used in this Act:
9        "Department" means the Department of Financial and
10    Professional Regulation.
11        "Secretary" means the Secretary of Financial and
12    Professional Regulation or a person authorized by the
13    Secretary to act in the Secretary's stead.
14        "Board" means the State of Illinois Athletic Board
15    established pursuant to this Act.
16        "License" means the license issued for promoters,
17    professionals, amateurs, or officials in accordance with
18    this Act.
19        "Contest Professional contest" means a boxing or
20    full-contact martial arts competition in which all of the
21    participants competing against one another are
22    professionals or amateurs and where the public is able to
23    attend or a fee is charged.
24        "Permit" means the authorization from the Department
25    to a promoter to conduct professional or amateur contests,

 

 

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1    or a combination of both.
2        "Promoter" means a person who is licensed and who
3    holds a permit to conduct professional or amateur
4    contests, or a combination of both.
5        Unless the context indicates otherwise, "person"
6    includes, but is not limited to, an individual,
7    association, organization, business entity, gymnasium, or
8    club.
9        "Judge" means a person licensed by the Department who
10    is located at ringside or adjacent to the fighting area
11    during a professional contest and who has the
12    responsibility of scoring the performance of the
13    participants in that professional or amateur contest.
14        "Referee" means a person licensed by the Department
15    who has the general supervision of and is present inside
16    of the ring or fighting area during a professional or
17    amateur contest.
18        "Amateur" means a person licensed registered by the
19    Department who is not competing for, and has never
20    received or competed for, any purse or other article of
21    value, directly or indirectly, either for participating in
22    any contest or for the expenses of training therefor,
23    other than a non-monetary prize that does not exceed $50
24    in value.
25        "Professional" means a person licensed by the
26    Department who competes for a money prize, purse, or other

 

 

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1    type of compensation in a professional contest held in
2    Illinois.
3        "Second" means a person licensed by the Department who
4    is present at any professional or amateur contest to
5    provide assistance or advice to a professional during the
6    contest.
7        "Matchmaker" means a person licensed by the Department
8    who brings together professionals or amateurs to compete
9    in contests.
10        "Manager" means a person licensed by the Department
11    who is not a promoter and who, under contract, agreement,
12    or other arrangement, undertakes to, directly or
13    indirectly, control or administer the affairs of
14    contestants professionals.
15        "Timekeeper" means a person licensed by the Department
16    who is the official timer of the length of rounds and the
17    intervals between the rounds.
18        "Purse" means the financial guarantee or any other
19    remuneration for which contestants are participating in a
20    professional contest.
21        "Physician" means a person licensed to practice
22    medicine in all its branches under the Medical Practice
23    Act of 1987.
24        "Martial arts" means a discipline or combination of
25    different disciplines that utilizes sparring techniques
26    without the intent to injure, disable, or incapacitate

 

 

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1    one's opponent, such as, but not limited to, Karate, Kung
2    Fu, Judo, Jujutsu, and Tae Kwon Do, and Kyuki-Do.
3        "Full-contact martial arts" means the use of a
4    singular discipline or a combination of techniques from
5    different disciplines of the martial arts, including,
6    without limitation, full-force grappling, kicking, and
7    striking with the intent to injure, disable, or
8    incapacitate one's opponent.
9        "Amateur contest" means a boxing or full-contact
10    martial arts competition in which all of the participants
11    competing against one another are amateurs and where the
12    public is able to attend or a fee is charged.
13        "Contestant" means a person who competes in either a
14    boxing or full-contact martial arts contest.
15        "Address of record" means the designated address
16    recorded by the Department in the applicant's or
17    licensee's application file or , license file, or
18    registration file as maintained by the Department's
19    licensure maintenance unit. It is the duty of the
20    applicant or licensee to inform the Department of any
21    change of address and those changes must be made either
22    through the Department's website or by contacting the
23    Department.
24        "Bout" means one match between 2 contestants.
25        "Sanctioning body" means an organization approved by
26    the Department under the requirements and standards stated

 

 

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1    in this Act and the rules adopted under this Act to act as
2    a governing body that sanctions professional or amateur
3    full-contact martial arts contests.
4        "Email address of record" means the designated email
5    address recorded by the Department in the applicant's
6    application file or the licensee's license file as
7    maintained by the Department's licensure maintenance unit.
8(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11;
997-1123, eff. 8-27-12.)
 
10    (225 ILCS 105/1.4 new)
11    Sec. 1.4. Address of record; email address of record. All
12applicants and licensees shall:
13        (1) provide a valid address and email address to the
14    Department, which shall serve as the address of record and
15    email address of record, respectively, at the time of
16    application for licensure or renewal of a license; and
17        (2) inform the Department of any change of address of
18    record or email address of record within 14 days after
19    such change either through the Department's website or by
20    contacting the Department's licensure maintenance unit.
 
21    (225 ILCS 105/2)  (from Ch. 111, par. 5002)
22    (Section scheduled to be repealed on January 1, 2022)
23    Sec. 2. State of Illinois Athletic Board.
24    (a) The Secretary shall appoint members to the State of

 

 

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1Illinois Athletic Board. The Board shall consist of 7 members
2who shall serve in an advisory capacity to the Secretary.
3There is created the State of Illinois Athletic Board
4consisting of 6 persons who shall be appointed by and shall
5serve in an advisory capacity to the Secretary, and the State
6Professional Boxing Board shall be disbanded. One member of
7the Board shall be a physician licensed to practice medicine
8in all of its branches. One member of the Board shall be a
9member of the full-contact martial arts community. One and one
10member of the Board shall be a member of either the
11full-contact martial arts community or the boxing community.
12The Secretary shall appoint each member to serve for a term of
133 years and until his or her successor is appointed and
14qualified. One member of the board shall be designated as the
15Chairperson and one member shall be designated as the
16Vice-chairperson. No member shall be appointed to the Board
17for a term which would cause continuous service to be more than
189 years. Each member of the board shall receive compensation
19for each day he or she is engaged in transacting the business
20of the board and, in addition, shall be reimbursed for his or
21her authorized and approved expenses necessarily incurred in
22relation to such service in accordance with the travel
23regulations applicable to the Department at the time the
24expenses are incurred.
25    (b) Board members shall serve 5-year terms and until their
26successors are appointed and qualified.

 

 

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1    (c) In appointing members to the Board, the Secretary
2shall give due consideration to recommendations by members and
3organizations of the martial arts and boxing industry.
4    (d) The membership of the Board should reasonably reflect
5representation from the geographic areas in this State.
6    (e) No member shall be appointed to the Board for a term
7that would cause his or her continuous service on the Board to
8be longer than 2 consecutive 5-year terms.
9    (f) The Secretary may terminate the appointment of any
10member for cause that in the opinion of the Secretary
11reasonably justified such termination, which may include, but
12is not limited to, a Board member who does not attend 2
13consecutive meetings.
14    (g) Appointments to fill vacancies shall be made in the
15same manner as original appointments, for the unexpired
16portion of the vacated term.
17    (h) Four members of the Board shall constitute a quorum. A
18quorum is required for Board decisions.
19    (i) Members of the Board shall have no liability in any
20action based upon activity performed in good faith as members
21of the Board.
22    (j) Members of the Board may be reimbursed for all
23legitimate, necessary, and authorized expenses.
24    Four members shall constitute a quorum.
25    The members of the Board shall be immune from suit in any
26action based upon any disciplinary proceedings or other acts

 

 

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1performed in good faith as members of the Board.
2    The Secretary may remove any member of the Board for
3misconduct, incapacity, or neglect of duty. The Secretary
4shall reduce to writing any causes for removal.
5(Source: P.A. 97-119, eff. 7-14-11.)
 
6    (225 ILCS 105/2.5 new)
7    Sec. 2.5. Powers and duties of the Board.
8    (a) Subject to the provisions of this Act, the Board shall
9exercise the following functions, powers, and duties:
10        (1) The Board shall hold at least one meeting each
11    year.
12        (2) The Board shall elect a chairperson and a vice
13    chairperson.
14    (b) The Department may, at any time, seek the expert
15advice and knowledge of the Board on any matter relating to the
16enforcement of this Act.
 
17    (225 ILCS 105/5)  (from Ch. 111, par. 5005)
18    (Section scheduled to be repealed on January 1, 2022)
19    Sec. 5. Powers and duties of the Department. The
20Department shall, subject to the provisions of this Act,
21exercise the following functions, powers, and duties:
22        (1) Ascertain the qualifications and fitness of
23    applicants for license and permits.
24        (2) Adopt rules required for the administration of

 

 

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1    this Act.
2        (3) Conduct hearings on proceedings to refuse to
3    issue, renew, or restore licenses and revoke, suspend,
4    place on probation, or reprimand those licensed under the
5    provisions of this Act.
6        (4) Issue licenses to those who meet the
7    qualifications of this Act and its rules.
8        (5) Conduct investigations related to possible
9    violations of this Act.
10The Department shall exercise, but subject to the provisions
11of this Act, the following functions, powers, and duties: (a)
12to ascertain the qualifications and fitness of applicants for
13licenses and permits; (b) to prescribe rules and regulations
14for the administration of the Act; (c) to conduct hearings on
15proceedings to refuse to issue, refuse to renew, revoke,
16suspend, or subject to reprimand licenses or permits under
17this Act; and (d) to revoke, suspend, or refuse issuance or
18renewal of such licenses or permits.
19(Source: P.A. 92-499, eff. 1-1-02.)
 
20    (225 ILCS 105/6)  (from Ch. 111, par. 5006)
21    (Section scheduled to be repealed on January 1, 2022)
22    Sec. 6. Restricted contests and events.
23    (a) All professional and amateur contests, or a
24combination of both, in which physical contact is made are
25prohibited in Illinois unless authorized by the Department

 

 

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1pursuant to the requirements and standards stated in this Act
2and the rules adopted pursuant to this Act. This subsection
3(a) does not apply to any of the following:
4        (1) Amateur boxing or full-contact martial arts
5    contests conducted by accredited secondary schools,
6    colleges, or universities, although a fee may be charged.
7        (2) Amateur boxing contests that are sanctioned by USA
8    Boxing or any other sanctioning organization approved by
9    the Department as determined by rule Association of Boxing
10    Commissions.
11        (3) Amateur boxing or full-contact martial arts
12    contests conducted by a State, county, or municipal
13    entity, including those events held by any agency
14    organized under these entities.
15        (4) Amateur martial arts contests that are not defined
16    as full-contact martial arts contests under this Act,
17    including, but not limited to, Karate, Kung Fu, Judo,
18    Jujutsu, Tae Kwon Do, and Kyuki-Do.
19        (5) Full-contact martial arts contests, as defined by
20    this Act, that are recognized by the International Olympic
21    Committee or are contested in the Olympic Games and are
22    not conducted in an enclosed fighting area or ring.
23    No other amateur boxing or full-contact martial arts
24contests shall be permitted unless authorized by the
25Department.
26    (b) The Department shall have the authority to determine

 

 

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1whether a professional or amateur contest is exempt for
2purposes of this Section.
3(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11;
497-1123, eff. 8-27-12.)
 
5    (225 ILCS 105/7)  (from Ch. 111, par. 5007)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 7. Authorization to conduct contests; sanctioning
8bodies.
9    (a) In order to conduct a professional contest or,
10beginning 6 months after the adoption of rules pertaining to
11an amateur contest, an amateur contest, or a combination of
12both, in this State, a promoter shall obtain a permit issued by
13the Department in accordance with this Act and the rules and
14regulations adopted pursuant thereto. This permit shall
15authorize one or more professional or amateur contests, or a
16combination of both.
17    (b) Before January 1, 2023, amateur Amateur full-contact
18martial arts contests must be registered and sanctioned by a
19sanctioning body approved by the Department for that purpose
20under the requirements and standards stated in this Act and
21the rules adopted under this Act.
22    (c) On and after January 1, 2023, a promoter for an amateur
23full-contact martial arts contest shall obtain a permit issued
24by the Department under the requirements and standards set
25forth in this Act and the rules adopted under this Act.

 

 

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1    (d) On and after January 1, 2023, the Department shall not
2approve any sanctioning body. A sanctioning body's approval by
3the Department that was received before January 1, 2023 is
4withdrawn on January 1, 2023.
5    (e) A permit issued under this Act is not transferable.
6(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
 
7    (225 ILCS 105/8)  (from Ch. 111, par. 5008)
8    (Section scheduled to be repealed on January 1, 2022)
9    Sec. 8. Permits.
10    (a) A promoter who desires to obtain a permit to conduct a
11professional or amateur contest, or a combination of both,
12shall apply to the Department at least 30 calendar 20 days
13prior to the event, in writing or electronically, on forms
14prescribed furnished by the Department. The application shall
15be accompanied by the required fee and shall contain, but not
16be limited to, the following information to be submitted at
17times specified by rule:
18        (1) the legal names and addresses of the promoter;
19        (2) the name of the matchmaker;
20        (3) the time and exact location of the professional or
21    amateur contest, or a combination of both. It is the
22    responsibility of the promoter to ensure that the building
23    to be used for the event complies with all laws,
24    ordinances, and regulations in the city, town, village, or
25    county where the contest is to be held;

 

 

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1        (4) the signed and executed copy of the event venue
2    lease agreement; and proof of adequate security measures,
3    as determined by Department rule, to ensure the protection
4    of the safety of contestants and the general public while
5    attending professional or amateur contests, or a
6    combination of both;
7        (5) proof of adequate medical supervision, as
8    determined by Department rule, to ensure the protection of
9    the health and safety of professionals' or amateurs' while
10    participating in the contest;
11        (5) (6) the initial list of names of the professionals
12    or amateurs competing subject to Department approval. ;
13        (7) proof of insurance for not less than $50,000 as
14    further defined by rule for each professional or amateur
15    participating in a professional or amateur contest, or a
16    combination of both; insurance required under this
17    paragraph (7) shall cover (i) hospital, medication,
18    physician, and other such expenses as would accrue in the
19    treatment of an injury as a result of the professional or
20    amateur contest; (ii) payment to the estate of the
21    professional or amateur in the event of his or her death as
22    a result of his or her participation in the professional
23    or amateur contest; and (iii) accidental death and
24    dismemberment; the terms of the insurance coverage must
25    not require the contestant to pay a deductible. The
26    promoter may not carry an insurance policy with a

 

 

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1    deductible in an amount greater than $500 for the medical,
2    surgical, or hospital care for injuries a contestant
3    sustains while engaged in a contest, and if a licensed or
4    registered contestant pays for the medical, surgical, or
5    hospital care, the insurance proceeds must be paid to the
6    contestant or his or her beneficiaries as reimbursement
7    for such payment;
8        (8) the amount of the purses to be paid to the
9    professionals for the event; the Department shall adopt
10    rules for payment of the purses;
11        (9) organizational or internationally accepted rules,
12    per discipline, for professional or amateur full-contact
13    martial arts contests where the Department does not
14    provide the rules;
15        (10) proof of contract indicating the requisite
16    registration and sanctioning by a Department approved
17    sanctioning body for any full-contact martial arts contest
18    with scheduled amateur bouts; and
19        (11) any other information that the Department may
20    require to determine whether a permit shall be issued.
21    (b) The Department may issue a permit to any promoter who
22meets the requirements of this Act and the rules. The permit
23shall only be issued for a specific date and location of a
24professional or amateur contest, or a combination of both, and
25shall not be transferable. The Department may allow a promoter
26to amend a permit application to hold a professional or

 

 

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1amateur contest, or a combination of both, in a different
2location other than the application specifies if all
3requirements of this Section are met, waiving the 30-day
4provision of subsection (a) and may allow the promoter to
5substitute professionals or amateurs, respectively.
6    (c) The Department shall be responsible for assigning the
7judges, timekeepers, referees, and physicians, for a
8professional contest, an amateur contest, or a combination of
9both. Compensation shall be determined by the Department, and
10it shall be the responsibility of the promoter to pay the
11individuals utilized.
12    (d) The promoter shall submit the following documents to
13the Department at times specified by rule:
14        (1) proof of adequate security measures, as determined
15    by rule, to ensure the protection of the safety of
16    contestants and the general public while attending
17    professional contests, amateur contests, or a combination
18    of both;
19        (2) proof of adequate medical supervision, as
20    determined by rule, to ensure the protection of the health
21    and safety of professionals or amateurs while
22    participating in contests;
23        (3) the complete and final list of names of the
24    professionals or amateurs competing, subject to Department
25    approval, which shall be submitted up to 48 hours prior to
26    the event date specified in the permit;

 

 

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1        (4) proof of insurance for not less than $50,000 as
2    further defined by rule for each professional or amateur
3    participating in a professional or amateur contest, or a
4    combination of both; insurance required under this
5    paragraph shall cover: (i) hospital, medication,
6    physician, and other such expenses as would accrue in the
7    treatment of an injury as a result of the professional or
8    amateur contest; (ii) payment to the estate of the
9    professional or amateur in the event of his or her death as
10    a result of his or her participation in the professional
11    or amateur contest; and (iii) accidental death and
12    dismemberment; the terms of the insurance coverage shall
13    require the promoter, not the licensed contestant, to pay
14    the policy deductible for the medical, surgical, or
15    hospital care of a contestant for injuries a contestant
16    sustained while engaged in a contest; if a licensed
17    contestant pays for the medical, surgical, or hospital
18    care, the insurance proceeds shall be paid to the
19    contestant or his or her beneficiaries as reimbursement
20    for such payment;
21        (5) the amount of the purses to be paid to the
22    professionals for the event as determined by rule;
23        (6) organizational or internationally accepted rules,
24    per discipline, for professional or amateur full-contact
25    martial arts contests if the Department does not provide
26    the rules for Department approval; and

 

 

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1        (7) any other information the Department may require,
2    as determined by rule, to issue a permit.
3    (e) If the accuracy, relevance, or sufficiency of any
4submitted documentation is questioned by the Department
5because of lack of information, discrepancies, or conflicts in
6information given or a need for clarification, the promoter
7seeking a permit may be required to provide additional
8information.
9(Source: P.A. 97-119, eff. 7-14-11; 98-756, eff. 7-16-14.)
 
10    (225 ILCS 105/10)  (from Ch. 111, par. 5010)
11    (Section scheduled to be repealed on January 1, 2022)
12    Sec. 10. Who must be licensed.
13    (a) In order to participate in professional contests the
14following persons must each be licensed and in good standing
15with the Department: (a) professionals and amateurs, (b)
16seconds, (c) referees, (d) judges, (e) managers, (f)
17matchmakers, and (g) timekeepers.
18    (b) In order to participate in professional or amateur
19contests or a combination of both, promoters must be licensed
20and in good standing with the Department.
21    (c) Announcers may participate in professional or amateur
22contests, or a combination of both, without being licensed
23under this Act. It shall be the responsibility of the promoter
24to ensure that announcers comply with the Act, and all rules
25and regulations promulgated pursuant to this Act.

 

 

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1    (d) A licensed promoter may not act as, and cannot be
2licensed as, a second, professional, referee, timekeeper,
3judge, or manager. If he or she is so licensed, he or she must
4relinquish any of these licenses to the Department for
5cancellation. A person possessing a valid promoter's license
6may act as a matchmaker.
7    (e) Participants in amateur full-contact martial arts
8contests taking place before January 1, 2023 are not required
9to obtain licenses by the Department, except for promoters of
10amateur contests.
11(Source: P.A. 97-119, eff. 7-14-11.)
 
12    (225 ILCS 105/11)  (from Ch. 111, par. 5011)
13    (Section scheduled to be repealed on January 1, 2022)
14    Sec. 11. Qualifications for license. The Department shall
15grant licenses to the following persons if the following
16qualifications are met:
17        (1) An applicant for licensure as a professional or
18    amateur must: (1) be 18 years old, (2) be of good moral
19    character, (3) file an application stating the applicant's
20    legal name (and no assumed or ring name may be used unless
21    such name is registered with the Department along with the
22    applicant's legal name), date and place of birth, place of
23    current residence, and a sworn statement that he or she is
24    not currently in violation of any federal, State or local
25    laws or rules governing boxing or full-contact martial

 

 

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1    arts, (4) file a certificate from a physician licensed to
2    practice medicine in all of its branches which attests
3    that the applicant is physically fit and qualified to
4    participate in professional or amateur contests, and (5)
5    pay the required fee and meet any other requirements as
6    determined by rule. Applicants over age 35 who have not
7    competed in a professional or amateur contest within the
8    12 last 36 months preceding their application for
9    licensure or have insufficient experience to participate
10    in a professional or amateur contest may be required to
11    appear before the Department to determine their fitness to
12    participate in a professional or amateur contest. A
13    picture identification card shall be issued to all
14    professionals licensed by the Department who are residents
15    of Illinois or who are residents of any jurisdiction,
16    state, or country that does not regulate professional
17    boxing or full-contact martial arts. The identification
18    card shall be presented to the Department or its
19    representative upon request at weigh-ins.
20        (2) An applicant for licensure as a referee, judge,
21    manager, second, matchmaker, or timekeeper must: (1) be of
22    good moral character, (2) file an application stating the
23    applicant's name, date and place of birth, and place of
24    current residence along with a certifying statement that
25    he or she is not currently in violation of any federal,
26    State, or local laws or rules governing boxing, or

 

 

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1    full-contact martial arts, (3) have had satisfactory
2    experience in his or her field as defined by rule, (4) pay
3    the required fee, and (5) meet any other requirements as
4    determined by rule.
5        (3) An applicant for licensure as a promoter must: (1)
6    be of good moral character, (2) file an application with
7    the Department stating the applicant's name, date and
8    place of birth, place of current residence along with a
9    certifying statement that he or she is not currently in
10    violation of any federal, State, or local laws or rules
11    governing boxing or full-contact martial arts, (3) pay the
12    required fee and meet any other requirements as
13    established by rule, and (4) in addition to the foregoing,
14    an applicant for licensure as a promoter of professional
15    or amateur contests or a combination of both professional
16    and amateur bouts in one contest shall also provide (i)
17    proof of a surety bond of no less than $5,000 to cover
18    financial obligations under this Act, payable to the
19    Department and conditioned for the payment of the tax
20    imposed by this Act and compliance with this Act, and the
21    rules adopted under this Act, and (ii) a financial
22    statement, prepared by a certified public accountant,
23    showing liquid working capital of $10,000 or more, or a
24    $10,000 performance bond guaranteeing payment of all
25    obligations relating to the promotional activities payable
26    to the Department and conditioned for the payment of the

 

 

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1    tax imposed by this Act and its rules.
2        (4) All applicants shall submit an application to the
3    Department, in writing or electronically, on forms
4    prescribed provided by the Department, containing such
5    information as determined by rule.
6    In determining good moral character, the Department may
7take into consideration any violation of any of the provisions
8of Section 16 of this Act as to referees, judges, managers,
9matchmakers, timekeepers, or promoters and any felony
10conviction of the applicant, but such a conviction shall not
11operate as a bar to licensure. No license issued under this Act
12is transferable.
13    The Department may issue temporary licenses as provided by
14rule.
15(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
 
16    (225 ILCS 105/12)  (from Ch. 111, par. 5012)
17    (Section scheduled to be repealed on January 1, 2022)
18    Sec. 12. Professional or amateur contests.
19    (a) The professional or amateur contest, or a combination
20of both, shall be held in an area where adequate neurosurgical
21facilities are immediately available for skilled emergency
22treatment of an injured professional or amateur.
23    (b) Each professional or amateur shall be examined before
24the contest and promptly after each bout by a physician. The
25physician shall determine, prior to the contest, if each

 

 

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1professional or amateur is physically fit to compete in the
2contest. After the bout the physician shall examine the
3professional or amateur to determine possible injury. If the
4professional's or amateur's physical condition so indicates,
5the physician shall recommend to the Department immediate
6medical suspension. The physician or a licensed paramedic must
7check the vital signs of all contestants as established by
8rule.
9    (c) The physician may, at any time during the professional
10or amateur bout, stop the professional or amateur bout to
11examine a professional or amateur contestant and may direct
12the referee to terminate the bout when, in the physician's
13opinion, continuing the bout could result in serious injury to
14the professional or amateur. If the professional's or
15amateur's physical condition so indicates, the physician shall
16recommend to the Department immediate medical suspension. The
17physician shall certify to the condition of the professional
18or amateur in writing, over his or her signature on forms
19prescribed provided by the Department. Such reports shall be
20submitted to the Department in a timely manner.
21    (d) No professional or amateur contest, or a combination
22of both, shall be allowed to begin or be held unless at least
23one physician, at least one EMT and one paramedic, and one
24ambulance have been contracted with solely for the care of
25professionals or amateurs who are competing as defined by
26rule.

 

 

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1    (e) No professional boxing bout shall be more than 12
2rounds in length. The rounds shall not be more than 3 minutes
3each with a minimum one-minute one minute interval between
4them, and no professional boxer shall be allowed to
5participate in more than one contest within a 7-day period.
6    The number and length of rounds for all other professional
7or amateur boxing or full-contact martial arts contests, or a
8combination of both, shall be determined by rule.
9    (f) The number and types of officials required for each
10professional or amateur contest, or a combination of both,
11shall be determined by rule.
12    (g) The Department or its representative shall have
13discretion to declare a price, remuneration, or purse or any
14part of it belonging to the professional withheld if in the
15judgment of the Department or its representative the
16professional is not honestly competing.
17    (h) The Department shall have the authority to prevent a
18professional or amateur contest, or a combination of both,
19from being held and shall have the authority to stop a
20professional or amateur contest, or a combination of both, for
21noncompliance with any part of this Act or rules or when, in
22the judgment of the Department, or its representative,
23continuation of the event would endanger the health, safety,
24and welfare of the professionals or amateurs or spectators.
25The Department's authority to stop a contest on the basis that
26the professional or amateur contest, or a combination of both,

 

 

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1would endanger the health, safety, and welfare of the
2professionals or amateurs or spectators shall extend to any
3professional or amateur contest, or a combination of both,
4regardless of whether that amateur contest is exempted from
5the prohibition in Section 6 of this Act. Department staff, or
6its representative, may be present at any full-contact martial
7arts contest with scheduled amateur bouts.
8    (i) A professional shall only compete against another
9professional. An amateur shall only compete against another
10amateur.
11(Source: P.A. 97-119, eff. 7-14-11; 98-973, eff. 8-15-14.)
 
12    (225 ILCS 105/13)  (from Ch. 111, par. 5013)
13    (Section scheduled to be repealed on January 1, 2022)
14    Sec. 13. Tickets; tax. Tickets to professional or amateur
15contests, or a combination of both, shall be printed in such
16form as the Department shall prescribe. A certified inventory
17of all tickets printed for any professional or amateur
18contest, or a combination of both, shall be mailed to the
19Department by the promoter not less than 7 days before the
20contest. The total number of tickets sold printed shall not
21exceed the total seating capacity of the premises in which the
22professional or amateur contest, or a combination of both, is
23to be held. No tickets of admission to any professional or
24amateur contest, or a combination of both, shall be sold
25except those declared on an official ticket inventory as

 

 

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1described in this Section.
2    A promoter who conducts a professional contest, an amateur
3contest, or a combination of both a professional and amateur
4contest under this Act shall, within 7 business days 24 hours
5after such a contest:
6        (1) furnish to the Department a written or electronic
7    report verified by the promoter or his or her authorized
8    designee showing the number of tickets sold for such a
9    contest or the actual ticket stubs of tickets sold and the
10    amount of the gross proceeds thereof; and
11        (2) pay to the Department a tax of 5% of gross receipts
12    from the sale of admission tickets, not to exceed $75,000
13    $52,500, to be collected by the Department and placed in
14    the General Professions Dedicated Athletics Supervision
15    and Regulation Fund, a special fund created in the State
16    Treasury to be administered by the Department.
17    Moneys in the General Professions Dedicated Athletics
18Supervision and Regulation Fund shall be used by the
19Department, subject to appropriation, for expenses incurred in
20administering this Act. Moneys in the Fund may be transferred
21to the Professions Indirect Cost Fund, as authorized under
22Section 2105-300 of the Department of Professional Regulation
23Law.
24    In addition to the payment of any other taxes and money due
25under this Section, every promoter of a professional or a
26combination of a professional and amateur contest shall pay to

 

 

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1the Department 3% of the first $500,000 and 4% thereafter,
2which shall not exceed $50,000 $35,000 in total from the total
3gross receipts from the sale, lease, or other exploitation of
4broadcasting, including, but not limited to, Internet, cable,
5television, and motion picture rights for that professional
6contest, amateur contest, or professional and amateur
7combination of both, contest or exhibition without any
8deductions for commissions, brokerage fees, distribution fees,
9advertising, professional contestants' purses, or any other
10expenses or charges. These fees shall be paid to the
11Department within 7 business days 72 hours after the
12conclusion of the broadcast of the contest and placed in the
13General Professions Dedicated Athletics Supervision and
14Regulation Fund.
15(Source: P.A. 97-119, eff. 7-14-11; 97-813, eff. 7-13-12.)
 
16    (225 ILCS 105/15)  (from Ch. 111, par. 5015)
17    (Section scheduled to be repealed on January 1, 2022)
18    Sec. 15. Inspectors. The Secretary may appoint inspectors
19to assist the Department staff in the administration of the
20Act. Each inspector appointed by the Secretary shall receive
21compensation for each day he or she is engaged in the
22transacting of business of the Department. Each inspector
23shall carry a card issued by the Department to authorize him or
24her to act in such capacity. The inspector or inspectors shall
25supervise each professional contest, amateur contest, or

 

 

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1combination of both and, at the Department's discretion, may
2supervise any contest to ensure that the provisions of the Act
3are strictly enforced.
4(Source: P.A. 97-119, eff. 7-14-11.)
 
5    (225 ILCS 105/16)  (from Ch. 111, par. 5016)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 16. Discipline and sanctions.
8    (a) The Department may refuse to issue a permit or ,
9license, or registration, refuse to renew, suspend, revoke,
10reprimand, place on probation, or take such other disciplinary
11or non-disciplinary action as the Department may deem proper,
12including the imposition of fines not to exceed $10,000 for
13each violation, with regard to any permit or , license, or
14registration for one or any combination of the following
15reasons:
16        (1) gambling, betting, or wagering on the result of or
17    a contingency connected with a professional or amateur
18    contest, or a combination of both, or permitting such
19    activity to take place;
20        (2) participating in or permitting a sham or fake
21    professional or amateur contest, or a combination of both;
22        (3) holding the professional or amateur contest, or a
23    combination of both, at any other time or place than is
24    stated on the permit application;
25        (4) permitting any professional or amateur other than

 

 

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1    those stated on the permit application to participate in a
2    professional or amateur contest, or a combination of both,
3    except as provided in Section 9;
4        (5) violation or aiding in the violation of any of the
5    provisions of this Act or any rules or regulations
6    promulgated thereto;
7        (6) violation of any federal, State or local laws of
8    the United States or other jurisdiction governing
9    professional or amateur contests or any regulation
10    promulgated pursuant thereto;
11        (7) charging a greater rate or rates of admission than
12    is specified on the permit application;
13        (8) failure to obtain all the necessary permits,
14    registrations, or licenses as required under this Act;
15        (9) failure to file the necessary bond or to pay the
16    gross receipts or broadcast tax as required by this Act;
17        (10) engaging in dishonorable, unethical or
18    unprofessional conduct of a character likely to deceive,
19    defraud or harm the public, or which is detrimental to
20    honestly conducted contests;
21        (11) employment of fraud, deception or any unlawful
22    means in applying for or securing a permit or license
23    under this Act;
24        (12) permitting a physician making the physical
25    examination to knowingly certify falsely to the physical
26    condition of a professional or amateur;

 

 

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1        (13) permitting professionals or amateurs of widely
2    disparate weights or abilities to engage in professional
3    or amateur contests, respectively;
4        (14) participating in a professional contest as a
5    professional while under medical suspension in this State
6    or in any other state, territory or country;
7        (15) physical illness, including, but not limited to,
8    deterioration through the aging process, or loss of motor
9    skills which results in the inability to participate in
10    contests with reasonable judgment, skill, or safety;
11        (16) allowing one's license or permit issued under
12    this Act to be used by another person;
13        (17) failing, within a reasonable time, to provide any
14    information requested by the Department as a result of a
15    formal or informal complaint;
16        (18) professional incompetence;
17        (19) failure to file a return, or to pay the tax,
18    penalty or interest shown in a filed return, or to pay any
19    final assessment of tax, penalty or interest, as required
20    by any tax Act administered by the Illinois Department of
21    Revenue, until such time as the requirements of any such
22    tax Act are satisfied;
23        (20) (blank);
24        (21) habitual or excessive use or addiction to
25    alcohol, narcotics, stimulants, or any other chemical
26    agent or drug that results in an inability to participate

 

 

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1    in an event;
2        (22) failure to stop a professional or amateur
3    contest, or a combination of both, when requested to do so
4    by the Department;
5        (23) failure of a promoter to adequately supervise and
6    enforce this Act and its rules as applicable to amateur
7    contests, as set forth in rule; or
8        (24) a finding by the Department that the licensee,
9    after having his or her license placed on probationary
10    status, has violated the terms of probation.
11    (b) The determination by a circuit court that a licensee
12is subject to involuntary admission or judicial admission as
13provided in the Mental Health and Developmental Disabilities
14Code operates as an automatic suspension. The suspension will
15end only upon a finding by a court that the licensee is no
16longer subject to involuntary admission or judicial admission,
17issuance of an order so finding and discharging the licensee.
18    (c) In enforcing this Section, the Department, upon a
19showing of a possible violation, may compel any individual
20licensed to practice under this Act, or who has applied for
21licensure pursuant to this Act, to submit to a mental or
22physical examination, or both, as required by and at the
23expense of the Department. The examining physicians or
24clinical psychologists shall be those specifically designated
25by the Department. The Department may order the examining
26physician or clinical psychologist to present testimony

 

 

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1concerning this mental or physical examination of the licensee
2or applicant. No information shall be excluded by reason of
3any common law or statutory privilege relating to
4communications between the licensee or applicant and the
5examining physician or clinical psychologist. Eye examinations
6may be provided by a physician licensed to practice medicine
7in all of its branches or a licensed and certified therapeutic
8optometrist. The individual to be examined may have, at his or
9her own expense, another physician of his or her choice
10present during all aspects of the examination. Failure of any
11individual to submit to a mental or physical examination, when
12directed, shall be grounds for suspension or revocation of a
13license.
14    (d) A contestant who tests positive for a banned
15substance, as defined by rule, shall have his or her license
16immediately suspended. The license shall be subject to other
17discipline as authorized in this Section.
18(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
 
19    (225 ILCS 105/17)  (from Ch. 111, par. 5017)
20    (Section scheduled to be repealed on January 1, 2022)
21    Sec. 17. Administrative Procedure Act. The Illinois
22Administrative Procedure Act is hereby expressly adopted and
23incorporated herein as if all of the provisions of that Act
24were included in this Act. The Department shall not be
25required to annually verify email addresses as specified in

 

 

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1paragraph (2) subsection (a) of Section 10-75 of the Illinois
2Administrative Procedure Act. For the purposes of this Act the
3notice required under Section 10-25 of the Illinois
4Administrative Procedure Act is deemed sufficient when mailed
5to the last known address of record or emailed to the email
6address of record a party.
7(Source: P.A. 88-45.)
 
8    (225 ILCS 105/17.7)
9    (Section scheduled to be repealed on January 1, 2022)
10    Sec. 17.7. Restoration of license from discipline.
11    (a) At any time after the successful completion of a term
12of indefinite probation, suspension, or revocation of a
13license under this Act, the Department may restore the license
14to the licensee unless, after an investigation and a hearing,
15the Secretary determines that restoration is not in the public
16interest.
17    (b) If circumstances of suspension or revocation so
18indicate, the Department may require an examination of the
19licensee prior to restoring his or her license.
20    (c) No person whose license has been revoked as authorized
21in this Act may apply for restoration of that license until
22allowed under the Civil Administrative Code of Illinois.
23    (d) A license that has been suspended or revoked shall be
24considered nonrenewed for purposes of restoration under this
25Section and a licensee restoring his or her license from

 

 

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1suspension or revocation must comply with the requirements for
2renewal as set forth in this Act and its rules.
3At any time after the successful completion of a term of
4indefinite probation, suspension, or revocation of a license,
5the Department may restore the license to the licensee, unless
6after an investigation and hearing the Secretary determines
7that restoration is not in the public interest. No person or
8entity whose license, certificate, or authority has been
9revoked as authorized in this Act may apply for restoration of
10that license, certification, or authority until such time as
11provided for in the Civil Administrative Code of Illinois.
12(Source: P.A. 97-119, eff. 7-14-11.)
 
13    (225 ILCS 105/17.8)
14    (Section scheduled to be repealed on January 1, 2022)
15    Sec. 17.8. Surrender of license. Upon the revocation or
16suspension of a license or registration, the licensee shall
17immediately surrender his or her license to the Department. If
18the licensee fails to do so, the Department has the right to
19seize the license.
20(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
 
21    (225 ILCS 105/17.9)
22    (Section scheduled to be repealed on January 1, 2022)
23    Sec. 17.9. Summary suspension of a license or
24registration. The Secretary may summarily suspend a license or

 

 

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1registration without a hearing if the Secretary finds that
2evidence in the Secretary's possession indicates that the
3continuation of practice would constitute an imminent danger
4to the public, participants, including any professional
5contest officials, or the individual involved or cause harm to
6the profession. If the Secretary summarily suspends the
7license without a hearing, a hearing must be commenced within
830 days after the suspension has occurred and concluded as
9expeditiously as practical.
10(Source: P.A. 97-119, eff. 7-14-11.)
 
11    (225 ILCS 105/18)  (from Ch. 111, par. 5018)
12    (Section scheduled to be repealed on January 1, 2022)
13    Sec. 18. Investigations; notice and hearing.
14    (a) The Department may investigate the actions of any
15applicant or of any person or entity holding or claiming to
16hold a license under this Act.
17    (b) The Department shall, before disciplining an applicant
18or licensee, at least 30 days prior to the date set for the
19hearing: (i) notify, in writing, the accused of the charges
20made and the time and place for the hearing on the charges;
21(ii) direct him or her to file a written answer to the charges,
22under oath, within 20 days after service of the notice; and
23(iii) inform the applicant or licensee that failure to file an
24answer will result in a default being entered against the
25applicant or licensee.

 

 

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1    (c) Written or electronic notice, and any notice in the
2subsequent proceedings, may be served by personal delivery, by
3email, or by mail to the applicant or licensee at his or her
4address of record or email address of record.
5    (d) At the time and place fixed in the notice, the hearing
6officer appointed by the Secretary shall proceed to hear the
7charges, and the parties or their counsel shall be accorded
8ample opportunity to present any statement, testimony,
9evidence, and argument as may be pertinent to the charges or to
10their defense. The hearing officer may continue the hearing
11from time to time.
12    (e) If the licensee or applicant, after receiving the
13notice, fails to file an answer, his or her license may, in the
14discretion of the Secretary, be suspended, revoked, or placed
15on probationary status or be subject to whatever disciplinary
16action the Secretary considers proper, including limiting the
17scope, nature, or extent of the person's practice or
18imposition of a fine, without hearing, if the act or acts
19charged constitute sufficient grounds for the action under
20this Act.
21The Department may investigate the actions of any applicant or
22of any person or persons promoting or participating in a
23professional or amateur contest or any person holding or
24claiming to hold a license. The Department shall, before
25revoking, suspending, placing on probation, reprimanding, or
26taking any other disciplinary action under this Act, at least

 

 

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130 days before the date set for the hearing, (i) notify the
2accused in writing of the charges made and the time and place
3for the hearing on the charges, (ii) direct him or her to file
4a written answer to the charges with the Department under oath
5within 20 days after the service on him or her of the notice,
6and (iii) inform the accused that, if he or she fails to
7answer, default will be taken against him or her or that his or
8her license may be suspended, revoked, or placed on
9probationary status or that other disciplinary action may be
10taken with regard to the license, including limiting the
11scope, nature, or extent of his or her practice, as the
12Department may consider proper. At the time and place fixed in
13the notice, the hearing officer shall proceed to hear the
14charges, and the parties or their counsel shall be accorded
15ample opportunity to present any pertinent statements,
16testimony, evidence, and arguments. The hearing officer may
17continue the hearing from time to time. In case the person,
18after receiving the notice, fails to file an answer, his or her
19license may, in the discretion of the Department, be
20suspended, revoked, or placed on probationary status or the
21Department may take whatever disciplinary action considered
22proper, including limiting the scope, nature, or extent of the
23person's practice or the imposition of a fine, without a
24hearing, if the act or acts charged constitute sufficient
25grounds for that action under this Act. The written notice may
26be served by personal delivery or by certified mail to the

 

 

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1person's address of record.
2(Source: P.A. 97-119, eff. 7-14-11.)
 
3    (225 ILCS 105/19)  (from Ch. 111, par. 5019)
4    (Section scheduled to be repealed on January 1, 2022)
5    Sec. 19. Hearing; Motion for rehearing Findings and
6recommendations.
7    (a) The hearing officer appointed by the Secretary shall
8hear evidence in support of the formal charges and evidence
9produced by the applicant or licensee. At the conclusion of
10the hearing, the hearing officer shall present to the
11Secretary a written report of his or her findings of fact,
12conclusions of law, and recommendations.
13    (b) A copy of the hearing officer's report shall be served
14upon the applicant or licensee, either personally or as
15provided in this Act for the service of the notice of hearing.
16Within 20 calendar days after such service, the applicant or
17licensee may present to the Department a motion, in writing,
18for a rehearing that shall specify the particular grounds for
19rehearing. The Department may respond to the motion for
20rehearing within 20 calendar days after its service on the
21Department. If no motion for rehearing is filed, then upon the
22expiration of the time specified for filing such a motion, or
23upon denial of a motion for rehearing, the Secretary may enter
24an order in accordance with the recommendations of the hearing
25officer. If the applicant or licensee orders from the

 

 

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1reporting service and pays for a transcript of the record
2within the time for filing a motion for rehearing, the 20
3calendar day period within which a motion may be filed shall
4commence upon delivery of the transcript to the applicant or
5licensee.
6    (c) If the Secretary disagrees in any regard with the
7report of the hearing officer, the Secretary may issue an
8order contrary to the report.
9    (d) Whenever the Secretary is not satisfied that
10substantial justice has been done, the Secretary may order a
11hearing by the same or another hearing officer.
12    (e) At any point in any investigation or disciplinary
13proceeding provided for in this Act, both parties may agree to
14a negotiated consent order. The consent order shall be final
15upon signature of the Secretary.
16At the conclusion of the hearing, the hearing officer shall
17present to the Secretary a written report of its findings,
18conclusions of law, and recommendations. The report shall
19contain a finding of whether the accused person violated this
20Act or its rules or failed to comply with the conditions
21required in this Act or its rules. The hearing officer shall
22specify the nature of any violations or failure to comply and
23shall make its recommendations to the Secretary. In making
24recommendations for any disciplinary actions, the hearing
25officer may take into consideration all facts and
26circumstances bearing upon the reasonableness of the conduct

 

 

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1of the accused and the potential for future harm to the public
2including, but not limited to, previous discipline of the
3accused by the Department, intent, degree of harm to the
4public and likelihood of harm in the future, any restitution
5made by the accused, and whether the incident or incidents
6contained in the complaint appear to be isolated or represent
7a continuing pattern of conduct. In making its recommendations
8for discipline, the hearing officer shall endeavor to ensure
9that the severity of the discipline recommended is reasonably
10related to the severity of the violation.
11    The report of findings of fact, conclusions of law, and
12recommendation of the hearing officer shall be the basis for
13the Department's order refusing to issue, restore, or renew a
14license, or otherwise disciplining a licensee. If the
15Secretary disagrees with the recommendations of the hearing
16officer, the Secretary may issue an order in contravention of
17the hearing officer's recommendations. The finding is not
18admissible in evidence against the person in a criminal
19prosecution brought for a violation of this Act, but the
20hearing and finding are not a bar to a criminal prosecution
21brought for a violation of this Act.
22(Source: P.A. 97-119, eff. 7-14-11.)
 
23    (225 ILCS 105/19.1)  (from Ch. 111, par. 5019.1)
24    (Section scheduled to be repealed on January 1, 2022)
25    Sec. 19.1. Hearing officer Appointment of a hearing

 

 

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1officer. Notwithstanding any provision of this Act, the
2Secretary has the authority to appoint an attorney duly
3licensed to practice law in the State of Illinois to serve as
4the hearing officer in any action for refusal to issue or renew
5a license or discipline a license. The hearing officer shall
6have full authority to conduct the hearing. The hearing
7officer shall report his or her findings of fact, conclusions
8of law, and recommendations to the Secretary The Secretary has
9the authority to appoint any attorney duly licensed to
10practice law in the State of Illinois to serve as the hearing
11officer in any action for refusal to issue, restore, or renew a
12license or discipline of a licensee. The hearing officer has
13full authority to conduct the hearing. The hearing officer
14shall report his or her findings of fact, conclusions of law,
15and recommendations to the Secretary. If the Secretary
16determines that the hearing officer's report is contrary to
17the manifest weight of the evidence, he may issue an order in
18contravention of the recommendation.
19(Source: P.A. 97-119, eff. 7-14-11.)
 
20    (225 ILCS 105/19.5)
21    (Section scheduled to be repealed on January 1, 2022)
22    Sec. 19.5. Order or certified copy; prima facie proof. An
23order or certified copy thereof, over the seal of the
24Department and purporting to be signed by the Secretary, is
25prima facie proof that:

 

 

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1        (1) the signature is the genuine signature of the
2    Secretary; and
3        (2) the Secretary is duly appointed and qualified;
4    and .
5        (3) the hearing officer is qualified to act.
6(Source: P.A. 97-119, eff. 7-14-11.)
 
7    (225 ILCS 105/20)  (from Ch. 111, par. 5020)
8    (Section scheduled to be repealed on January 1, 2022)
9    Sec. 20. Record of proceeding Stenographer; transcript.
10    (a) The Department, at its expense, shall provide a
11certified shorthand reporter to take down the testimony and
12preserve a record of all proceedings at the hearing of any case
13in which a licensee may be revoked, suspended, placed on
14probationary status, reprimanded, fined, or subjected to other
15disciplinary action with reference to the license when a
16disciplinary action is authorized under this Act and rules.
17The notice of hearing, complaint, and all other documents in
18the nature of pleadings and written portions filed in the
19proceedings, the transcript of the testimony, the report of
20the hearing officer, and the orders of the Department shall be
21the record of the proceedings. The record may be made
22available to any person interested in the hearing upon payment
23of the fee required by Section 2105-115 of the Department of
24Professional Regulation Law of the Civil Administrative Code
25of Illinois.

 

 

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1    (b) The Department may contract for court reporting
2services, and, if it does so, the Department shall provide the
3name and contact information for the certified shorthand
4reporter who transcribed the testimony at a hearing to any
5person interested, who may obtain a copy of the transcript of
6any proceedings at a hearing upon payment of the fee specified
7by the certified shorthand reporter.
8The Department, at its expense, shall provide a stenographer
9to take down the testimony and preserve a record of all
10proceedings at the hearing of any case wherein a license or
11permit is subjected to disciplinary action. The notice of
12hearing, complaint and all other documents in the nature of
13pleadings and written motions filed in the proceedings, the
14transcript of testimony, the report of the hearing officer and
15the orders of the Department shall be the record of the
16proceedings. The Department shall furnish a transcript of the
17record to any person interested in the hearing upon payment of
18the fee required under Section 2105-115 of the Department of
19Professional Regulation Law (20 ILCS 2105/2105-115).
20(Source: P.A. 97-119, eff. 7-14-11.)
 
21    (225 ILCS 105/21)  (from Ch. 111, par. 5021)
22    (Section scheduled to be repealed on January 1, 2022)
23    Sec. 21. Injunctive action; cease and desist order.
24    (a) If a person violates the provisions of this Act, the
25Secretary Director, in the name of the People of the State of

 

 

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1Illinois, through the Attorney General or the State's Attorney
2of the county in which the violation is alleged to have
3occurred, may petition for an order enjoining the violation or
4for an order enforcing compliance with this Act. Upon the
5filing of a verified petition, the court with appropriate
6jurisdiction may issue a temporary restraining order, without
7notice or bond, and may preliminarily and permanently enjoin
8the violation. If it is established that the person has
9violated or is violating the injunction, the court may punish
10the offender for contempt of court. Proceedings under this
11Section are in addition to, and not in lieu of, all other
12remedies and penalties provided by this Act.
13    (b) Whenever, in the opinion of the Department, a person
14violates any provision of this Act, the Department may issue a
15rule to show cause why an order to cease and desist should not
16be entered against that person. The rule shall clearly set
17forth the grounds relied upon by the Department and shall
18allow at least 7 days from the date of the rule to file an
19answer satisfactory to the Department. Failure to answer to
20the satisfaction of the Department shall cause an order to
21cease and desist to be issued.
22(Source: P.A. 91-408, eff. 1-1-00.)
 
23    (225 ILCS 105/22)  (from Ch. 111, par. 5022)
24    (Section scheduled to be repealed on January 1, 2022)
25    Sec. 22. The expiration date and renewal period for each

 

 

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1license issued under this Act shall be set by rule. The holder
2of a license may renew such license during the month preceding
3the expiration date thereof by paying the required fee and
4meeting additional requirements as determined by rule.
5(Source: P.A. 82-522.)
 
6    (225 ILCS 105/23)  (from Ch. 111, par. 5023)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 23. Fees.
9    (a) The fees for the administration and enforcement of
10this Act including, but not limited to, original licensure,
11renewal, and restoration shall be set by rule. The fees shall
12not be refundable. All Beginning July 1, 2003, all of the fees,
13taxes, and fines collected under this Act shall be deposited
14into the General Professions Dedicated Fund.
15    (b) Before January 1, 2023, there shall be no fees for
16amateur full-contact martial arts events; except that until
17January 1, 2023, the applicant fees for promoters of amateur
18events where only amateur bouts are held shall be $300.
19(Source: P.A. 92-16, eff. 6-28-01; 92-499, eff. 1-1-02; 93-32,
20eff. 7-1-03.)
 
21    (225 ILCS 105/23.1)  (from Ch. 111, par. 5023.1)
22    (Section scheduled to be repealed on January 1, 2022)
23    Sec. 23.1. Returned checks; fines. Any person who delivers
24a check or other payment to the Department that is returned to

 

 

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1the Department unpaid by the financial institution upon which
2it is drawn shall pay to the Department, in addition to the
3amount already owed to the Department, a fine of $50. The fines
4imposed by this Section are in addition to any other
5discipline provided under this Act for unlicensed practice or
6practice on a nonrenewed license. The Department shall notify
7the person that payment of fees and fines shall be paid to the
8Department by certified check or money order within 30
9calendar days of the notification. If, after the expiration of
1030 days from the date of the notification, the person has
11failed to submit the necessary remittance, the Department
12shall automatically terminate the license or deny the
13application, without hearing. If, after termination or denial,
14the person seeks a license, he or she shall apply to the
15Department for restoration or issuance of the license and pay
16all fees and fines due to the Department. The Department may
17establish a fee for the processing of an application for
18restoration of a license to pay all expenses of processing
19this application. The Secretary Director may waive the fines
20due under this Section in individual cases where the Secretary
21Director finds that the fines would be unreasonable or
22unnecessarily burdensome.
23(Source: P.A. 92-146, eff. 1-1-02; 92-499, eff. 1-1-02.)
 
24    (225 ILCS 105/24)  (from Ch. 111, par. 5024)
25    (Section scheduled to be repealed on January 1, 2022)

 

 

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1    Sec. 24. Unlicensed practice; violations; civil penalty.
2    (a) Any person who practices, offers to practice, attempts
3to practice, or holds himself or herself out as being able to
4engage in practices requiring a license under this Act without
5being licensed or exempt under this Act shall, in addition to
6any other penalty provided by law, pay a civil penalty to the
7Department in an amount not to exceed $10,000 for each
8offense, as determined by the Department. The civil penalty
9shall be assessed by the Department after a hearing is held in
10accordance with the provision set forth in this Act regarding
11the provision of a hearing for the discipline of a licensee.
12    (b) The Department may investigate any actual, alleged, or
13suspected unlicensed activity.
14    (c) The civil penalty shall be paid within 60 days after
15the effective date of the order imposing the civil penalty.
16The order shall constitute a judgment and may be filed and
17executed thereon in the same manner as any judgment from any
18court of record.
19    (d) A person or entity not licensed under this Act who has
20violated any provision of this Act or its rules is guilty of a
21Class A misdemeanor for the first offense and a Class 4 felony
22for a second and subsequent offenses.
23A person who violates a provision of this Act is guilty of a
24Class A Misdemeanor. On conviction of a second or subsequent
25offense the violator shall be guilty of a Class 4 felony.
26(Source: P.A. 86-615.)
 

 

 

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1    (225 ILCS 105/24.5)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 24.5. Confidentiality. All information collected by
4the Department in the course of an examination or
5investigation of a licensee, registrant, or applicant,
6including, but not limited to, any complaint against a
7licensee or registrant filed with the Department and
8information collected to investigate any such complaint, shall
9be maintained for the confidential use of the Department and
10shall not be disclosed. The Department may not disclose such
11information to anyone other than law enforcement officials,
12other regulatory agencies that have an appropriate regulatory
13interest as determined by the Secretary, or a party presenting
14a lawful subpoena to the Department. Information and documents
15disclosed to a federal, State, county, or local law
16enforcement agency shall not be disclosed by the agency for
17any purpose to any other agency or person. A formal complaint
18filed against a licensee or registrant by the Department or
19any order issued by the Department against a licensee,
20registrant, or applicant shall be a public record, except as
21otherwise prohibited by law.
22(Source: P.A. 97-119, eff. 7-14-11.)
 
23    (225 ILCS 105/25.1)
24    (Section scheduled to be repealed on January 1, 2022)

 

 

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1    Sec. 25.1. Medical Suspension.
2    (a) A licensee or registrant who is determined by the
3examining physician or Department to be unfit to compete or
4officiate shall be prohibited from participating in a contest
5in Illinois and, if actively licensed, shall be medically
6suspended immediately suspended until it is shown that he or
7she is fit for further competition or officiating. If the
8licensee or registrant disagrees with a medical suspension set
9at the discretion of the ringside physician, he or she may
10request a hearing to show proof of fitness. The hearing shall
11be provided at the earliest opportunity after the Department
12receives a written request from the licensee.
13    (b) If the referee has stopped the bout or rendered a
14decision of technical knockout against a professional or
15amateur or if the professional or amateur is knocked out other
16than by a blow to the head, the professional or amateur shall
17be medically immediately suspended immediately for a period of
18not less than 30 days.
19    (c) In a full-contact martial arts contest, if the
20professional or amateur has tapped out, or has submitted, or
21the referee has stopped the bout, shall stop the professional
22or amateur contest and the ringside physician shall determine
23the length of suspension.
24    (d) If the professional or amateur has been knocked
25unconscious out by a blow to the head, he or she shall be
26medically suspended immediately for a period of not less than

 

 

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145 days.
2    (e) A licensee may receive a medical suspension for any
3injury sustained as a result of a bout that shall not be less
4than 7 days.
5    (f) A licensee may receive additional terms and conditions
6for a medical suspension beyond a prescribed passage of time
7as authorized under this Section.
8    (g) If a licensee receives a medical suspension that
9includes terms and conditions in addition to the prescribed
10passage of time as authorized under this Section, before the
11removal of the medical suspension a licensee shall:
12        (1) satisfactorily pass a medical examination;
13        (2) provide those examination results to the
14    Department;
15        (3) provide any additional requested documentation as
16    directed by the licensee's examining physician or
17    Department where applicable; and
18        (4) if the licensee's examining physician requires any
19    necessary additional medical procedures during the
20    examination related to the injury that resulted in the
21    medical suspension, those results shall be provided to the
22    Department.
23    (h) Any medical suspension imposed as authorized under
24this Act against a licensee shall be reported to the
25Department's record keeper as determined by rule.
26    (i) A medical suspension as authorized under this Section

 

 

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1shall not be considered a suspension under Section 16 of this
2Act. A violation of the terms of a medical suspension
3authorized under this Section shall subject a licensee to
4discipline under Section 16 of this Act.
5    (j) A professional or amateur contestant who has been
6placed on medical suspension under the laws of another state,
7the District of Columbia, or a territory of the United States
8for substantially similar reasons as this Section shall be
9prohibited from participating in a contest as authorized under
10this Act until the requirements of subsection (g) of this
11Section have been met or the medical suspension has been
12removed by that jurisdiction.
13    (k) A medical suspension authorized under this Section
14shall begin the day after the bout a licensee participated in.
15    Prior to reinstatement, any professional or amateur
16suspended for his or her medical protection shall
17satisfactorily pass a medical examination upon the direction
18of the Department. The examining physician may require any
19necessary medical procedures during the examination.
20(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
 
21    (225 ILCS 105/0.10 rep.)
22    (225 ILCS 105/10.1 rep.)
23    (225 ILCS 105/10.5 rep.)
24    (225 ILCS 105/11.5 rep.)
25    (225 ILCS 105/17.11 rep.)

 

 

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1    (225 ILCS 105/17.12 rep.)
2    (225 ILCS 105/19.4 rep.)
3    Section 15. The Boxing and Full-contact Martial Arts Act
4is amended by repealing Sections 0.10, 10.1, 10.5, 11.5,
517.11, 17.12, and 19.4.
 
6    Section 99. Effective date. This Act takes effect January
71, 2022, except that this Section and Section 5 take effect
8upon becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.32
4    5 ILCS 80/4.41 new
5    225 ILCS 105/1from Ch. 111, par. 5001
6    225 ILCS 105/1.4 new
7    225 ILCS 105/2from Ch. 111, par. 5002
8    225 ILCS 105/2.5 new
9    225 ILCS 105/5from Ch. 111, par. 5005
10    225 ILCS 105/6from Ch. 111, par. 5006
11    225 ILCS 105/7from Ch. 111, par. 5007
12    225 ILCS 105/8from Ch. 111, par. 5008
13    225 ILCS 105/10from Ch. 111, par. 5010
14    225 ILCS 105/11from Ch. 111, par. 5011
15    225 ILCS 105/12from Ch. 111, par. 5012
16    225 ILCS 105/13from Ch. 111, par. 5013
17    225 ILCS 105/15from Ch. 111, par. 5015
18    225 ILCS 105/16from Ch. 111, par. 5016
19    225 ILCS 105/17from Ch. 111, par. 5017
20    225 ILCS 105/17.7
21    225 ILCS 105/17.8
22    225 ILCS 105/17.9
23    225 ILCS 105/18from Ch. 111, par. 5018
24    225 ILCS 105/19from Ch. 111, par. 5019
25    225 ILCS 105/19.1from Ch. 111, par. 5019.1

 

 

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1    225 ILCS 105/19.5
2    225 ILCS 105/20from Ch. 111, par. 5020
3    225 ILCS 105/21from Ch. 111, par. 5021
4    225 ILCS 105/22from Ch. 111, par. 5022
5    225 ILCS 105/23from Ch. 111, par. 5023
6    225 ILCS 105/23.1from Ch. 111, par. 5023.1
7    225 ILCS 105/24from Ch. 111, par. 5024
8    225 ILCS 105/24.5
9    225 ILCS 105/25.1
10    225 ILCS 105/0.10 rep.
11    225 ILCS 105/10.1 rep.
12    225 ILCS 105/10.5 rep.
13    225 ILCS 105/11.5 rep.
14    225 ILCS 105/17.11 rep.
15    225 ILCS 105/17.12 rep.
16    225 ILCS 105/19.4 rep.