Sen. Emil Jones, III
Filed: 4/12/2021
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1 | AMENDMENT TO SENATE BILL 1732
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2 | AMENDMENT NO. ______. Amend Senate Bill 1732 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Regulatory Sunset Act is amended by | ||||||
5 | changing Section 4.32 and by adding Section 4.41 as follows: | ||||||
6 | (5 ILCS 80/4.32) | ||||||
7 | Sec. 4.32. Acts repealed on January 1, 2022. The following | ||||||
8 | Acts are repealed on January 1, 2022: | ||||||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 | ||||||
13 | Disciplinary Act. | ||||||
14 | The Crematory Regulation Act. | ||||||
15 | The Detection of Deception Examiners Act.
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16 | The Home Inspector License Act.
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1 | The Illinois Health Information Exchange and Technology | ||||||
2 | Act. | ||||||
3 | The Medical Practice Act of 1987. | ||||||
4 | The Registered Interior Designers Act.
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5 | The Massage Licensing Act.
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6 | The Petroleum Equipment Contractors Licensing Act.
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7 | The Radiation Protection Act of 1990. | ||||||
8 | The Real Estate Appraiser Licensing Act of 2002. | ||||||
9 | The Water Well and Pump Installation Contractor's License | ||||||
10 | Act. | ||||||
11 | (Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19; | ||||||
12 | 101-614, eff. 12-20-19; 101-639, eff. 6-12-20.) | ||||||
13 | (5 ILCS 80/4.41 new) | ||||||
14 | Sec. 4.41. Act repealed on January 1, 2032. The following | ||||||
15 | Act is repealed on January 1, 2032: | ||||||
16 | The Cemetery Oversight Act. | ||||||
17 | Section 10. The Department of Professional Regulation Law | ||||||
18 | of the
Civil Administrative Code of Illinois is amended by | ||||||
19 | changing Sections 2105-35 and 2105-120 as follows: | ||||||
20 | (20 ILCS 2105/2105-35) | ||||||
21 | Sec. 2105-35. Prohibited uses of roster of information. | ||||||
22 | Notwithstanding any other provision of law to the contrary, | ||||||
23 | any roster of information including, but not limited to, the |
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1 | licensee's name, address, and profession, shall not be used by | ||||||
2 | a third party for the purpose of marketing goods or services | ||||||
3 | not related to the licensee's profession. Rosters provided by | ||||||
4 | the Department shall comply with the requirements set forth | ||||||
5 | under the Freedom of Information Act.
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6 | (Source: P.A. 96-978, eff. 7-2-10.)
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7 | (20 ILCS 2105/2105-120) (was 20 ILCS 2105/60g)
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8 | Sec. 2105-120. Board's report; licensee's or applicant's | ||||||
9 | motion for rehearing.
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10 | (a) The board shall present to the Secretary Director its | ||||||
11 | written report of its
findings and recommendations. A copy of | ||||||
12 | the report shall be served upon the licensee or applicant, | ||||||
13 | either personally or by mail or email as provided in Section
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14 | 2105-100 for the service of the notice. The Secretary may | ||||||
15 | issue an order that deviates from the board's report and is not | ||||||
16 | required to provide the board with an explanation of the | ||||||
17 | deviation.
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18 | (b) Within 20 days after the service required under | ||||||
19 | subsection (a), the licensee or applicant
may present to the | ||||||
20 | Department a motion in writing for a rehearing.
The written | ||||||
21 | motion shall specify the particular grounds for a rehearing. | ||||||
22 | If
the licensee or applicant orders and pays for a transcript | ||||||
23 | of the record as provided in
Section 2105-115, the time | ||||||
24 | elapsing thereafter and before the
transcript is ready for | ||||||
25 | delivery to the licensee or applicant shall not be counted as
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1 | part of the 20 days.
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2 | (Source: P.A. 99-227, eff. 8-3-15; 100-262, eff. 8-22-17.)
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3 | Section 15. The Cemetery Oversight Act is amended by | ||||||
4 | changing Sections 5-15, 5-20, 5-25, 10-20, 10-21, 10-25, | ||||||
5 | 10-40, 10-55, 20-10, 25-3, 25-5, 25-10, 25-15, 25-25, 25-30, | ||||||
6 | 25-35, 25-90, 25-95, 25-105, 25-115, 25-125, 35-5, 35-15, and | ||||||
7 | 75-45 and by adding Sections 5-16, 5-26, 25-26, and 25-126 as | ||||||
8 | follows: | ||||||
9 | (225 ILCS 411/5-15) | ||||||
10 | (Section scheduled to be repealed on January 1, 2022)
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11 | Sec. 5-15. Definitions. In this Act: | ||||||
12 | "Address of record" means the designated address recorded | ||||||
13 | by the Department in the applicant's or licensee's application | ||||||
14 | file or license file. It is the duty of the applicant or | ||||||
15 | licensee to inform the Department of any change of address | ||||||
16 | within 14 days either through the Department's website or by | ||||||
17 | contacting the Department's licensure maintenance unit. The | ||||||
18 | address of record for a cemetery authority shall be the | ||||||
19 | permanent street address of the cemetery. | ||||||
20 | "Applicant" means a person applying for licensure under | ||||||
21 | this Act as a cemetery authority, cemetery manager, or | ||||||
22 | customer service employee. Any applicant or any person who | ||||||
23 | holds himself or herself out as an applicant is considered a | ||||||
24 | licensee for purposes of enforcement, investigation, hearings, |
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1 | and the Illinois Administrative Procedure Act. | ||||||
2 | "Burial permit" means a permit provided by a licensed | ||||||
3 | funeral director for the disposition of a dead human body. | ||||||
4 | "Care" means the maintenance of a cemetery and of the | ||||||
5 | lots, graves, crypts, niches, family mausoleums, memorials, | ||||||
6 | and markers therein, including: (i) the cutting and trimming | ||||||
7 | of lawn, shrubs, and trees at reasonable intervals; (ii) | ||||||
8 | keeping in repair the drains, water lines, roads, buildings, | ||||||
9 | fences, and other structures, in keeping with a | ||||||
10 | well-maintained cemetery as provided for in Section 20-5 of | ||||||
11 | this Act and otherwise as required by rule; (iii) maintenance | ||||||
12 | of machinery, tools, and equipment for such care; (iv) | ||||||
13 | compensation of cemetery workers, any discretionary payment of | ||||||
14 | insurance premiums, and any reasonable payments for workers' | ||||||
15 | pension and other benefits plans; and (v) the payment of | ||||||
16 | expenses necessary for such purposes and for maintaining | ||||||
17 | necessary records of lot ownership, transfers, and burials. | ||||||
18 | "Cemetery" means any land or structure in this State | ||||||
19 | dedicated to and used, or intended to be used, for the | ||||||
20 | interment, inurnment, or entombment of human remains. | ||||||
21 | "Cemetery authority" means any individual or legal entity | ||||||
22 | that owns or controls cemetery lands or property. | ||||||
23 | "Cemetery manager" means an individual directly | ||||||
24 | responsible or holding himself or herself directly responsible | ||||||
25 | for the operation, maintenance, development, or improvement of | ||||||
26 | a cemetery that is or shall be licensed under this Act or shall |
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1 | be licensed pursuant to Section 10-39 of this Act , | ||||||
2 | irrespective of whether the individual is paid by the licensed | ||||||
3 | cemetery authority or a third party. This definition does not | ||||||
4 | include a volunteer who receives no compensation, either | ||||||
5 | directly or indirectly, for his or her work as a cemetery | ||||||
6 | manager. | ||||||
7 | "Cemetery merchandise" means items of personal property | ||||||
8 | normally sold by a cemetery authority not covered under the | ||||||
9 | Illinois Funeral or Burial Funds Act, including, but not | ||||||
10 | limited to: (1) memorials, (2) markers, (3) monuments, (4) | ||||||
11 | foundations and installations, and (5) outer burial | ||||||
12 | containers. | ||||||
13 | "Cemetery operation" means to engage in any or all of the | ||||||
14 | following, whether on behalf of, or in the absence of, a | ||||||
15 | cemetery authority: (i) the interment, entombment, or | ||||||
16 | inurnment of human remains, (ii) the sale of interment, | ||||||
17 | entombment, or inurnment rights, cemetery merchandise, or | ||||||
18 | cemetery services, (iii) the maintenance of interment rights | ||||||
19 | ownership records, (iv) the maintenance of or reporting of | ||||||
20 | interment, entombment, or inurnment records, (v) the | ||||||
21 | maintenance of cemetery property, (vi) the development or | ||||||
22 | improvement of cemetery grounds, or (vii) the maintenance and | ||||||
23 | execution of business documents, including State and federal | ||||||
24 | government reporting and the payment of taxes, for a cemetery | ||||||
25 | business entity. | ||||||
26 | "Cemetery Oversight Database" means a database certified |
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1 | by the Department as effective in tracking the interment, | ||||||
2 | entombment, or inurnment of human remains.
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3 | "Cemetery services" means those services customarily | ||||||
4 | performed by cemetery personnel in connection with the | ||||||
5 | interment, entombment, or inurnment of a dead human body. | ||||||
6 | "Certificate of organization" means the document received | ||||||
7 | by a cemetery association from the Secretary of State that | ||||||
8 | indicates that the cemetery association shall be deemed fully | ||||||
9 | organized as a body corporate under the name adopted and in its | ||||||
10 | corporate name may sue and be sued. | ||||||
11 | "Comptroller" means the Comptroller of the State of | ||||||
12 | Illinois. | ||||||
13 | "Confidential information" means unique identifiers, | ||||||
14 | including a person's Social Security number, home address, | ||||||
15 | home phone number, personal phone number, personal email | ||||||
16 | address, personal financial information, and any other | ||||||
17 | information protected by law. | ||||||
18 | "Consumer" means an individual who purchases or who is | ||||||
19 | considering purchasing cemetery, burial, or cremation products | ||||||
20 | or services from a cemetery authority, whether for themselves | ||||||
21 | or for another person. | ||||||
22 | "Customer service employee" means an individual who has | ||||||
23 | direct contact with consumers to explain cemetery merchandise, | ||||||
24 | services, and interment rights and to execute the sale of | ||||||
25 | those items to consumers, whether at the cemetery or an | ||||||
26 | off-site location, irrespective of whether compensation is |
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1 | paid by the cemetery authority or a third party. This | ||||||
2 | definition does not include a volunteer who receives no | ||||||
3 | compensation, either directly or indirectly, for his or her | ||||||
4 | work as a customer service employee. | ||||||
5 | "Department" means the Department of Financial and | ||||||
6 | Professional Regulation. | ||||||
7 | "Email address of record" means the designated email | ||||||
8 | address recorded by the Department in the applicant's | ||||||
9 | application file or the licensee's license file as maintained | ||||||
10 | by the Department's licensure maintenance unit. | ||||||
11 | "Employee" means an individual who works for a cemetery | ||||||
12 | authority where the cemetery authority has the right to | ||||||
13 | control what work is performed and the details of how the work | ||||||
14 | is performed regardless of whether federal or State payroll | ||||||
15 | taxes are withheld. | ||||||
16 | "Entombment right" means the right to place individual | ||||||
17 | human remains or individual cremated human remains in a | ||||||
18 | specific mausoleum crypt or lawn crypt selected by a consumer | ||||||
19 | for use as a final resting place. | ||||||
20 | "Family burying ground" means a cemetery in which no lots, | ||||||
21 | crypts, or niches are sold to the public and in which | ||||||
22 | interments, inurnments, and entombments are restricted to the | ||||||
23 | immediate family or a group of individuals related to each | ||||||
24 | other by blood or marriage. | ||||||
25 | "Full exemption" means an exemption granted to a cemetery | ||||||
26 | authority pursuant to subsection (a) of Section 5-20. |
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1 | "Funeral director" means a funeral director as defined by | ||||||
2 | the Funeral Directors and Embalmers Licensing Code. | ||||||
3 | "Grave" means a space of ground in a cemetery used or | ||||||
4 | intended to be used for burial. | ||||||
5 | "Green burial or cremation disposition" means burial or | ||||||
6 | cremation practices that reduce the greenhouse gas emissions, | ||||||
7 | waste, and toxic chemicals ordinarily created in burial or | ||||||
8 | cremation or, in the case of greenhouse gas emissions, | ||||||
9 | mitigate or offset emissions. Such practices include any | ||||||
10 | standards or method for burial or cremation that the | ||||||
11 | Department may name by rule. | ||||||
12 | "Immediate family" means the designated agent of a person | ||||||
13 | or the persons given priority for the disposition of a | ||||||
14 | person's remains under the Disposition of Remains Act and | ||||||
15 | shall include a person's spouse, parents, grandparents, | ||||||
16 | children, grandchildren and siblings. | ||||||
17 | "Individual" means a natural person. | ||||||
18 | "Interment right" means the right to place individual | ||||||
19 | human remains or cremated human remains in a specific | ||||||
20 | underground location selected by a consumer for use as a final | ||||||
21 | resting place. | ||||||
22 | "Inurnment right" means the right to place individual | ||||||
23 | cremated human remains in a specific niche selected by the | ||||||
24 | consumer for use as a final resting place. | ||||||
25 | "Lawn crypt" means a permanent underground crypt installed | ||||||
26 | in multiple units for the entombment of human remains. |
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1 | "Licensee" means a person licensed under this Act as a | ||||||
2 | cemetery authority, cemetery manager, or customer service | ||||||
3 | employee. Anyone who holds himself or herself out as a | ||||||
4 | licensee or who is accused of unlicensed practice is | ||||||
5 | considered a licensee for purposes of enforcement, | ||||||
6 | investigation, hearings, and the Illinois Administrative | ||||||
7 | Procedure Act. | ||||||
8 | "Mausoleum crypt" means a grouping of spaces constructed | ||||||
9 | of reinforced concrete or similar material constructed or | ||||||
10 | assembled above the ground for entombing remains. | ||||||
11 | "Niche" means a space in a columbarium or mausoleum used, | ||||||
12 | or intended to be used, for inurnment of cremated human | ||||||
13 | remains. | ||||||
14 | "Partial exemption" means an exemption granted to a | ||||||
15 | cemetery authority pursuant to subsection (b) of Section 5-20. | ||||||
16 | "Parcel identification number" means a unique number | ||||||
17 | assigned by the Cemetery Oversight Database to a grave, plot, | ||||||
18 | crypt, or niche that enables the Department to ascertain the | ||||||
19 | precise location of a decedent's remains interred, entombed, | ||||||
20 | or inurned after the effective date of this Act. | ||||||
21 | "Person" means any individual, firm, partnership, | ||||||
22 | association, corporation, limited liability company, trustee, | ||||||
23 | government or political subdivision, or other entity. | ||||||
24 | "Public cemetery" means a cemetery owned, operated, | ||||||
25 | controlled, or managed by the federal government, by any | ||||||
26 | state, county, city, village, incorporated town, township, |
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1 | multi-township, public cemetery district, or other municipal | ||||||
2 | corporation, political subdivision, or instrumentality thereof | ||||||
3 | authorized by law to own, operate, or manage a cemetery. | ||||||
4 | "Religious burying ground" means a cemetery in which no | ||||||
5 | lots, crypts, or niches are sold and in which interments, | ||||||
6 | inurnments, and entombments are restricted to a group of | ||||||
7 | individuals all belonging to a religious order or granted | ||||||
8 | burial rights by special consideration of the religious order. | ||||||
9 | "Religious cemetery" means a cemetery owned, operated, | ||||||
10 | controlled, and managed by any recognized church, religious | ||||||
11 | society, association, or denomination, or by any cemetery | ||||||
12 | authority or any corporation administering, or through which | ||||||
13 | is administered, the temporalities of any recognized church, | ||||||
14 | religious society, association, or denomination. | ||||||
15 | "Secretary" means the Secretary of Financial and | ||||||
16 | Professional Regulation or a person authorized by the | ||||||
17 | Secretary to act in the Secretary's stead . | ||||||
18 | "Term burial" means a right of interment sold to a | ||||||
19 | consumer in which the cemetery authority retains the right to | ||||||
20 | disinter and relocate the remains, subject to the provisions | ||||||
21 | of subsection (d) of Section 35-15 of this Act. | ||||||
22 | "Trustee" means any person authorized to hold funds under | ||||||
23 | this Act. | ||||||
24 | "Unique personal identifier" means the parcel | ||||||
25 | identification number in addition to the term of burial in | ||||||
26 | years; the numbered level or depth in the grave, plot, crypt, |
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1 | or niche; and the year of death for human remains interred, | ||||||
2 | entombed, or inurned after the effective date of this Act. The | ||||||
3 | unique personal identifier is assigned by the Cemetery | ||||||
4 | Oversight Database.
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5 | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .) | ||||||
6 | (225 ILCS 411/5-16 new) | ||||||
7 | Sec. 5-16. Address of record; email address of record. All | ||||||
8 | applicants and licensees shall: | ||||||
9 | (1) provide a valid address and email address to the | ||||||
10 | Department, which shall serve as the address of record and | ||||||
11 | email address of record, respectively, at the time of | ||||||
12 | application for licensure or renewal of a license; and | ||||||
13 | (2) inform the Department of any change of address of | ||||||
14 | record or email address of record within 14 days after | ||||||
15 | such change either through the Department's website or by | ||||||
16 | contacting the Department's licensure maintenance unit. | ||||||
17 | (225 ILCS 411/5-20) | ||||||
18 | (Section scheduled to be repealed on January 1, 2022)
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19 | Sec. 5-20. Exemptions.
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20 | (a) Full exemption. Except as provided in this subsection, | ||||||
21 | this Act does not apply to (1) any cemetery authority | ||||||
22 | operating as a family burying ground or religious burying | ||||||
23 | ground, (2) any cemetery authority that has not engaged in an | ||||||
24 | interment, inurnment, or entombment of human remains within |
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1 | the last 10 years, or (3) any cemetery authority that is less | ||||||
2 | than 3 acres. For purposes of determining the applicability of | ||||||
3 | this subsection, the number of interments, inurnments, and | ||||||
4 | entombments shall be aggregated for each calendar year. A | ||||||
5 | cemetery authority claiming a full exemption shall apply for | ||||||
6 | exempt status as provided for in Section 10-20 of this Act. A | ||||||
7 | cemetery authority claiming a full exemption shall be subject | ||||||
8 | to Sections 10-40, 10-55, and 10-60 of this Act. A cemetery | ||||||
9 | authority that performs activities that would disqualify it | ||||||
10 | from a full exemption is required to apply for licensure | ||||||
11 | within one year following the date on which its activities | ||||||
12 | would disqualify it for a full exemption. A cemetery authority | ||||||
13 | that previously qualified for and maintained a full exemption | ||||||
14 | that fails to timely apply for licensure shall be deemed to | ||||||
15 | have engaged in unlicensed practice and shall be subject to | ||||||
16 | discipline in accordance with Article 25 of this Act. | ||||||
17 | (b) Partial exemption. If a cemetery authority does not | ||||||
18 | qualify for a full exemption and (1) engages in 25 or fewer | ||||||
19 | interments, inurnments, or entombments of human remains for | ||||||
20 | each of the preceding 2 calendar years, (2) operates as a | ||||||
21 | public cemetery, or (3) operates as a religious cemetery, then | ||||||
22 | the cemetery authority is partially exempt from this Act but | ||||||
23 | shall be required to comply with Sections 10-23, 10-40, 10-55, | ||||||
24 | 10-60, subsections (a), (b), (b-5), (c), (d), (f), (g), and | ||||||
25 | (h) of Section 20-5, Sections 20-6, 20-8, 20-10, 20-12, 20-30, | ||||||
26 | 20-35, 20-40, 25-3, and 25-120, and Article 35 of this Act. |
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1 | Cemetery authorities claiming a partial exemption shall apply | ||||||
2 | for the partial exemption as provided in Section 10-20 of this | ||||||
3 | Act. A cemetery authority that changes to a status that would | ||||||
4 | disqualify it from a partial exemption is required to apply | ||||||
5 | for licensure within one year following the date on which it | ||||||
6 | changes its status. A cemetery authority that maintains a | ||||||
7 | partial exemption that fails to timely apply for licensure | ||||||
8 | shall be deemed to have engaged in unlicensed practice and | ||||||
9 | shall be subject to discipline in accordance with Article 25 | ||||||
10 | of this Act.
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11 | (c) Nothing in this Act applies to the City of Chicago in | ||||||
12 | its exercise of its powers under the O'Hare Modernization Act | ||||||
13 | or limits the authority of the City of Chicago to acquire | ||||||
14 | property or otherwise exercise its powers under the O'Hare | ||||||
15 | Modernization Act, or requires the City of Chicago, or any | ||||||
16 | person acting on behalf of the City of Chicago, to comply with | ||||||
17 | the licensing, regulation, or investigation , or mediation | ||||||
18 | requirements of this Act in exercising its powers under the | ||||||
19 | O'Hare Modernization Act.
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20 | (d) A cemetery authority granted an exemption under this | ||||||
21 | Section is prohibited from employing a cemetery manager or | ||||||
22 | customer service employee actively licensed under this Act | ||||||
23 | unless that license is placed on inactive status within 30 | ||||||
24 | days of employment with a cemetery authority granted an | ||||||
25 | exemption under this Section. A cemetery manager or customer | ||||||
26 | service employee licensed under this Act who fails to comply |
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1 | with this subsection shall have the manager's or employee's | ||||||
2 | license summarily suspended by the Department without hearing. | ||||||
3 | The license may not be restored pursuant to Section 25-90 of | ||||||
4 | this Act until the manager's or employee's employment has | ||||||
5 | ended with a cemetery authority granted an exemption under | ||||||
6 | this Section and the manager's or employee's employment has | ||||||
7 | commenced with a cemetery licensed under this Act. | ||||||
8 | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .) | ||||||
9 | (225 ILCS 411/5-25) | ||||||
10 | (Section scheduled to be repealed on January 1, 2022)
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11 | Sec. 5-25. Powers and duties of the Department. The | ||||||
12 | Department shall, subject Subject to the provisions of this | ||||||
13 | Act, the Department may exercise the following functions, | ||||||
14 | powers , and duties : | ||||||
15 | (1) Authorize certification programs to ascertain the | ||||||
16 | qualifications and fitness of applicants for licensing as | ||||||
17 | a licensed cemetery manager or as a customer service | ||||||
18 | employee to ascertain whether they possess the requisite | ||||||
19 | level of knowledge for such position. | ||||||
20 | (2) Examine a licensed cemetery authority's records | ||||||
21 | from any year or any other aspects of cemetery operation | ||||||
22 | as the Department deems appropriate. | ||||||
23 | (3) Investigate any and all cemetery operations. | ||||||
24 | (4) Conduct hearings on proceedings to refuse to | ||||||
25 | issue , or renew , or restore licenses or to revoke, |
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1 | suspend, place on probation, or reprimand , or otherwise | ||||||
2 | discipline a licensee license under this Act or take other | ||||||
3 | non-disciplinary action . | ||||||
4 | (5) Adopt reasonable rules required for the | ||||||
5 | administration of this Act. | ||||||
6 | (6) Prescribe forms to be issued for the | ||||||
7 | administration and enforcement of this Act. | ||||||
8 | (7) (Blank). Maintain rosters of the names and | ||||||
9 | addresses of all licensees and all persons whose licenses | ||||||
10 | have been suspended, revoked, denied renewal, or otherwise | ||||||
11 | disciplined within the previous calendar year. These | ||||||
12 | rosters shall be available upon written request and | ||||||
13 | payment of the required fee as established by rule. | ||||||
14 | (8) Work with the Office of the Comptroller and the | ||||||
15 | Department of Public Health, Division of Vital Records to | ||||||
16 | exchange information and request additional information | ||||||
17 | relating to a licensed cemetery authority. | ||||||
18 | (9) Investigate cemetery contracts, grounds, or | ||||||
19 | employee records. | ||||||
20 | (10) Issue licenses to those who meet the requirements | ||||||
21 | of this Act. | ||||||
22 | (11) Conduct investigations related to possible | ||||||
23 | violations of this Act. | ||||||
24 | If the Department exercises its authority to conduct | ||||||
25 | investigations under this Section, the Department shall | ||||||
26 | provide the cemetery authority with information sufficient to |
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1 | challenge the allegation. If the complainant consents, then | ||||||
2 | the Department shall provide the cemetery authority with the | ||||||
3 | identity of and contact information for the complainant so as | ||||||
4 | to allow the cemetery authority and the complainant to resolve | ||||||
5 | the complaint directly. Except as otherwise provided in this | ||||||
6 | Act, any complaint received by the Department and any | ||||||
7 | information collected to investigate the complaint shall be | ||||||
8 | maintained by the Department for the confidential use of the | ||||||
9 | Department and shall not be disclosed. The Department may not | ||||||
10 | disclose the information to anyone other than law enforcement | ||||||
11 | officials or other regulatory agencies or persons that have an | ||||||
12 | appropriate regulatory interest, as determined by the | ||||||
13 | Secretary, or to a party presenting a lawful subpoena to the | ||||||
14 | Department. Information and documents disclosed to a federal, | ||||||
15 | state, county, or local law enforcement agency shall not be | ||||||
16 | disclosed by the agency for any purpose to any other agency or | ||||||
17 | person. A formal complaint filed against a licensee by the | ||||||
18 | Department or any order issued by the Department against a | ||||||
19 | licensee or applicant shall be a public record, except as | ||||||
20 | otherwise prohibited by law.
| ||||||
21 | (Source: P.A. 99-78, eff. 7-20-15 .) | ||||||
22 | (225 ILCS 411/5-26 new) | ||||||
23 | Sec. 5-26. Confidentiality. All information collected by | ||||||
24 | the Department in the course of an examination or | ||||||
25 | investigation of a licensee or applicant, including, but not |
| |||||||
| |||||||
1 | limited to, any complaint against a licensee filed with the | ||||||
2 | Department and information collected to investigate any such | ||||||
3 | complaint, shall be maintained for the confidential use of the | ||||||
4 | Department and shall not be disclosed. The Department may not | ||||||
5 | disclose the information to anyone other than law enforcement | ||||||
6 | officials, other regulatory agencies that have an appropriate | ||||||
7 | regulatory interest as determined by the Secretary, or a party | ||||||
8 | presenting a lawful subpoena to the Department. Information | ||||||
9 | and documents disclosed to a federal, State, county, or local | ||||||
10 | law enforcement agency shall not be disclosed by the agency | ||||||
11 | for any purpose to any other agency or person. A formal | ||||||
12 | complaint filed against a licensee by the Department or any | ||||||
13 | order issued by the Department against a licensee or applicant | ||||||
14 | shall be a public record, except as otherwise prohibited by | ||||||
15 | law. | ||||||
16 | (225 ILCS 411/10-20) | ||||||
17 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
18 | Sec. 10-20. Application for original license or exemption. | ||||||
19 | (a) Applications for original licensure as a cemetery | ||||||
20 | authority, cemetery manager, or customer service employee | ||||||
21 | authorized by this Act, or application for exemption from | ||||||
22 | licensure as a cemetery authority, shall be made to the | ||||||
23 | Department in writing on forms or electronically as prescribed | ||||||
24 | by the Department, which shall include the applicant's Social | ||||||
25 | Security number or FEIN number, or both, and shall be |
| |||||||
| |||||||
1 | accompanied by the required fee that shall not be refundable. | ||||||
2 | as set by Section 10-55 of this Act and further refined by | ||||||
3 | rule. Applications for partial or full exemption from | ||||||
4 | licensure as a cemetery authority shall be submitted to the | ||||||
5 | Department within 6 months after the Department adopts rules | ||||||
6 | under this Act. If the person fails to submit the application | ||||||
7 | for partial or full exemption within this period, the person | ||||||
8 | shall be subject to discipline in accordance with Article 25 | ||||||
9 | of this Act. The process for renewing a full or partial | ||||||
10 | exemption shall be set by rule. If a cemetery authority seeks | ||||||
11 | to practice at more than one location, it shall meet all | ||||||
12 | licensure requirements at each location as required by this | ||||||
13 | Act and by rule, including submission of an application and | ||||||
14 | fee. All applications shall contain information that, in the | ||||||
15 | judgment of the Department, will enable the Department to pass | ||||||
16 | on the qualifications of the applicant for a license under | ||||||
17 | this Act. | ||||||
18 | (b) (Blank). | ||||||
19 | (c) After initial licensure, if any person comes to obtain | ||||||
20 | at least 51% of the ownership over the licensed cemetery | ||||||
21 | authority, then the cemetery authority shall have to apply for | ||||||
22 | a new license and receive licensure in the required time as set | ||||||
23 | by rule. The current license remains in effect until the | ||||||
24 | Department takes action on the application for a new license. | ||||||
25 | (d) (Blank). All applications shall contain the | ||||||
26 | information that, in the judgment of the Department, will |
| |||||||
| |||||||
1 | enable the Department to pass on the qualifications of the | ||||||
2 | applicant for an exemption from licensure or for a license to | ||||||
3 | practice as a cemetery authority, cemetery manager, or | ||||||
4 | customer service employee as set by rule.
| ||||||
5 | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .) | ||||||
6 | (225 ILCS 411/10-21) | ||||||
7 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
8 | Sec. 10-21. Qualifications for licensure. | ||||||
9 | (a) A cemetery authority shall apply for licensure on | ||||||
10 | forms prescribed by the Department and pay the required fee. | ||||||
11 | An applicant is qualified for licensure as a cemetery | ||||||
12 | authority if the applicant meets all of the following | ||||||
13 | qualifications: | ||||||
14 | (1) The applicant has not committed any act or offense | ||||||
15 | in any jurisdiction that would constitute the basis for | ||||||
16 | discipline under this Act. When considering such license, | ||||||
17 | the Department shall take into consideration the | ||||||
18 | following: | ||||||
19 | (A) the applicant's record of compliance with the | ||||||
20 | Code of Professional Conduct and Ethics, and whether | ||||||
21 | the applicant has been found to have engaged in any | ||||||
22 | unethical or dishonest practices in the cemetery | ||||||
23 | business; | ||||||
24 | (B) whether the applicant has been adjudicated, | ||||||
25 | civilly or criminally, to have committed fraud or to |
| |||||||
| |||||||
1 | have violated any law of any state involving unfair | ||||||
2 | trade or business practices, has been convicted of a | ||||||
3 | misdemeanor of which fraud is an essential element or | ||||||
4 | which involves any aspect of the cemetery business, or | ||||||
5 | has been convicted of any felony; | ||||||
6 | (C) whether the applicant has willfully violated | ||||||
7 | any provision of this Act or a predecessor law or any | ||||||
8 | regulations relating thereto; | ||||||
9 | (D) whether the applicant has been permanently or | ||||||
10 | temporarily suspended, enjoined, or barred by any | ||||||
11 | court of competent jurisdiction in any state from | ||||||
12 | engaging in or continuing any conduct or practice | ||||||
13 | involving any aspect of the cemetery or funeral | ||||||
14 | business; and | ||||||
15 | (E) whether the applicant has ever had any license | ||||||
16 | to practice any profession or occupation suspended, | ||||||
17 | denied, fined, or otherwise acted against or | ||||||
18 | disciplined by the applicable licensing authority. | ||||||
19 | If the applicant is a corporation, limited liability | ||||||
20 | company, partnership, or other entity permitted by law, | ||||||
21 | then the Department shall determine whether each | ||||||
22 | principal, owner, member, officer, and shareholder holding | ||||||
23 | 25% or more of corporate stock has met the requirements of | ||||||
24 | this item (1) of subsection (a) of this Section. | ||||||
25 | (2) The applicant must provide a statement of its | ||||||
26 | assets and liabilities to the Department. |
| |||||||
| |||||||
1 | (3) The applicant has not, within the preceding 10 | ||||||
2 | years, been convicted of or entered a plea of guilty or | ||||||
3 | nolo contendere to (i) a Class X felony or (ii) a felony, | ||||||
4 | an essential element of which was fraud or dishonesty | ||||||
5 | under the laws of this State, another state, the United | ||||||
6 | States, or a foreign jurisdiction that is directly related | ||||||
7 | to the practice of cemetery operations . If the applicant | ||||||
8 | is a corporation, limited liability company, partnership, | ||||||
9 | or other entity permitted by law, then each principal, | ||||||
10 | owner, member, officer, and shareholder holding 25% or | ||||||
11 | more of corporate stock has not, within the preceding 10 | ||||||
12 | years, been convicted of or entered a plea of guilty or | ||||||
13 | nolo contendere to (i) a Class X felony or (ii) a felony, | ||||||
14 | an essential element of which was fraud or dishonesty | ||||||
15 | under the laws of this State, another state, the United | ||||||
16 | States, or a foreign jurisdiction that is directly related | ||||||
17 | to the practice of cemetery operations . | ||||||
18 | (4) The applicant shall authorize the Department to | ||||||
19 | conduct a criminal background check that does not involve | ||||||
20 | fingerprinting. | ||||||
21 | (5) In the case of a person or entity applying for | ||||||
22 | renewal of his, her, or its license, the applicant has | ||||||
23 | complied with all other requirements of this Act and the | ||||||
24 | rules adopted for the implementation of this Act. | ||||||
25 | (b) The cemetery manager and customer service employees of | ||||||
26 | a licensed cemetery authority shall apply for licensure as a |
| |||||||
| |||||||
1 | cemetery manager or customer service employee on forms | ||||||
2 | prescribed by the Department and pay the required fee. A | ||||||
3 | person is qualified for licensure as a cemetery manager or | ||||||
4 | customer service employee if he or she meets all of the | ||||||
5 | following requirements: | ||||||
6 | (1) Is at least 18 years of age. | ||||||
7 | (2) Has acted in an ethical manner as set forth in | ||||||
8 | Section 10-23 of this Act. In determining qualifications | ||||||
9 | of licensure, the Department shall take into consideration | ||||||
10 | the factors outlined in item (1) of subsection (a) of this | ||||||
11 | Section. | ||||||
12 | (3) Submits proof of successful completion of a high | ||||||
13 | school education or its equivalent as established by rule. | ||||||
14 | (4) The applicant shall authorize the Department to | ||||||
15 | conduct a criminal background check that does not involve | ||||||
16 | fingerprinting. | ||||||
17 | (5) Has not committed a violation of this Act or any | ||||||
18 | rules adopted under this Act that, in the opinion of the | ||||||
19 | Department, renders the applicant unqualified to be a | ||||||
20 | cemetery manager. | ||||||
21 | (6) Submits proof of successful completion of a | ||||||
22 | certification course recognized by the Department for a | ||||||
23 | cemetery manager or customer service employee, whichever | ||||||
24 | the case may be. | ||||||
25 | (7) Has not, within the preceding 10 years, been | ||||||
26 | convicted of or entered a plea of guilty or nolo |
| |||||||
| |||||||
1 | contendere to (i) a Class X felony or (ii) a felony, an | ||||||
2 | essential element of which was fraud or dishonesty under | ||||||
3 | the laws of this State, another state, the United States, | ||||||
4 | or a foreign jurisdiction that is directly related to the | ||||||
5 | practice of cemetery operations . | ||||||
6 | (8) (Blank). | ||||||
7 | (9) In the case of a person applying for renewal of his | ||||||
8 | or her license, has complied with all other requirements | ||||||
9 | of this Act and the rules adopted for implementation of | ||||||
10 | this Act. | ||||||
11 | (c) Each applicant for a cemetery authority, cemetery | ||||||
12 | manager, or customer service employee license shall authorize | ||||||
13 | the Department to conduct a criminal background check that | ||||||
14 | does not involve fingerprinting. The Department must, in turn, | ||||||
15 | conduct the criminal background check on each applicant. The | ||||||
16 | Department shall adopt rules to implement this subsection (c), | ||||||
17 | but in no event shall the Department impose a fee upon the | ||||||
18 | applicant for the background check.
| ||||||
19 | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .) | ||||||
20 | (225 ILCS 411/10-25) | ||||||
21 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
22 | Sec. 10-25. Certification. | ||||||
23 | (a) The Department shall authorize certification programs | ||||||
24 | for cemetery manager and customer service employee applicants. | ||||||
25 | The certification programs must consist of education and |
| |||||||
| |||||||
1 | training in cemetery ethics, cemetery law, and cemetery | ||||||
2 | practices. Cemetery ethics shall include, without limitation, | ||||||
3 | the Code of Professional Conduct and Ethics as set forth in | ||||||
4 | Section 10-23 of this Act. Cemetery law shall include, without | ||||||
5 | limitation, the Cemetery Oversight Act, the Cemetery Care Act, | ||||||
6 | the Disposition of Remains Act, and the Cemetery Protection | ||||||
7 | Act. Cemetery practices shall include, without limitation, | ||||||
8 | treating the dead and their family members with dignity and | ||||||
9 | respect. The certification program shall include an | ||||||
10 | examination administered by the entity providing the | ||||||
11 | certification. | ||||||
12 | (a-5) An entity seeking to offer a certification program | ||||||
13 | to cemetery manager applicants and customer service employee | ||||||
14 | applicants must receive approval of its program from the | ||||||
15 | Department in a manner and form prescribed by the Department | ||||||
16 | by rule. As part of this process, the entity must submit to the | ||||||
17 | Department the examination it offers or intends to offer as | ||||||
18 | part of its certification program. | ||||||
19 | (a-10) A cemetery manager applicant or customer service | ||||||
20 | employee applicant may choose any entity that has been | ||||||
21 | approved by the Department from which to obtain certification. | ||||||
22 | (b) Cemetery manager applicants and customer service | ||||||
23 | employee applicants shall pay the fee for the certification | ||||||
24 | program directly to the entity offering the program. | ||||||
25 | (c) If the cemetery manager applicant or customer service | ||||||
26 | employee applicant neglects, fails, or refuses to become |
| |||||||
| |||||||
1 | certified within one year after filing an application, then | ||||||
2 | the application shall be denied. However, the applicant may | ||||||
3 | thereafter submit a new application accompanied by the | ||||||
4 | required fee. The applicant shall meet the requirements in | ||||||
5 | force at the time of making the new application. | ||||||
6 | (d) A cemetery manager applicant or customer service | ||||||
7 | employee applicant who has completed a certification program | ||||||
8 | offered by an entity that has not received the Department's | ||||||
9 | approval as required by this Section has not met the | ||||||
10 | qualifications for licensure as set forth in Section 10-21 of | ||||||
11 | this Act. | ||||||
12 | (e) The Department may approve shall recognize any | ||||||
13 | certification program that is conducted by a death care trade | ||||||
14 | association in Illinois that has been in existence for more | ||||||
15 | than 5 years that, in the determination of the Department, | ||||||
16 | provides adequate education and training in cemetery law, | ||||||
17 | cemetery ethics, and cemetery practices and administers an | ||||||
18 | examination covering the same. | ||||||
19 | (f) The Department may, without a hearing, summarily | ||||||
20 | withdraw its approval of a certification program that, in the | ||||||
21 | judgment of the Department, fails to meet the requirements of | ||||||
22 | this Act or the rules adopted under this Act. A certification | ||||||
23 | program that has had its approval withdrawn by the Department | ||||||
24 | may reapply for approval, but shall provide such additional | ||||||
25 | information as may be required by the Department, including, | ||||||
26 | but not limited to, evidence to the Department's satisfaction |
| |||||||
| |||||||
1 | that the program is in compliance with this Act and the rules | ||||||
2 | adopted under this Act.
| ||||||
3 | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .) | ||||||
4 | (225 ILCS 411/10-40) | ||||||
5 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
6 | Sec. 10-40. Renewal, reinstatement, or restoration of | ||||||
7 | license Expiration and renewal of license . | ||||||
8 | (a) The expiration date and renewal period for each | ||||||
9 | license issued under this Act shall be set by rule. The holder | ||||||
10 | of a license may renew such license during the month preceding | ||||||
11 | the expiration date thereof by paying the required fee. | ||||||
12 | (b) A licensee under this Act who has permitted his or her | ||||||
13 | license to expire or has had his or her license placed on | ||||||
14 | inactive status may have his or her license restored by making | ||||||
15 | application to the Department and filing proof acceptable to | ||||||
16 | the Department of his or her fitness of having his or her | ||||||
17 | license restored, including, but not limited to, sworn | ||||||
18 | evidence certifying to active practice in another jurisdiction | ||||||
19 | satisfactory to the Department, and by paying the required fee | ||||||
20 | as determined by rule. Every cemetery authority, cemetery | ||||||
21 | manager, and customer service employee license shall expire | ||||||
22 | every 2 years. Every registration as a fully exempt cemetery | ||||||
23 | authority or partially exempt cemetery authority shall expire | ||||||
24 | every 4 years. The expiration date, renewal period, and other | ||||||
25 | requirements for each license and registration shall be |
| |||||||
| |||||||
1 | further refined by rule.
| ||||||
2 | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .) | ||||||
3 | (225 ILCS 411/10-55) | ||||||
4 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
5 | Sec. 10-55. Fees. | ||||||
6 | (a) Except as provided in this Section, the fees for the | ||||||
7 | administration and enforcement of this Act shall be set by the | ||||||
8 | Department by rule. The fees shall be reasonable and shall not | ||||||
9 | be refundable. | ||||||
10 | (b) Cemetery manager applicants and customer service | ||||||
11 | employee applicants shall pay any certification program or | ||||||
12 | continuing education program fee directly to the entity | ||||||
13 | offering the program. | ||||||
14 | (c) The Department may waive fees based upon hardship. | ||||||
15 | (d) Nothing shall prohibit a cemetery authority from | ||||||
16 | paying, on behalf of its cemetery managers or customer service | ||||||
17 | employees, their application, renewal, or restoration fees. | ||||||
18 | (e) All fees and other moneys collected under this Act | ||||||
19 | shall be deposited in the Cemetery Oversight Licensing and | ||||||
20 | Disciplinary Fund.
| ||||||
21 | (f) The fee for application as a cemetery authority | ||||||
22 | seeking a full exemption is $0. | ||||||
23 | (g) The fee to renew registration as a fully exempt | ||||||
24 | cemetery authority is $0. As provided in Section 10-40 of this | ||||||
25 | Act and as further refined by rule, each registration as a |
| |||||||
| |||||||
1 | fully exempt cemetery authority shall expire every 4 years. | ||||||
2 | (h) The fee for application as a cemetery authority | ||||||
3 | seeking a partial exemption is $150. | ||||||
4 | (i) The fee to renew registration as a partially exempt | ||||||
5 | cemetery authority is $150. As provided in Section 10-40 of | ||||||
6 | this Act and as further refined by rule, each registration as a | ||||||
7 | partially exempt cemetery authority shall expire every 4 | ||||||
8 | years. | ||||||
9 | (j) The fee for original licensure, renewal, and | ||||||
10 | restoration as a cemetery authority not seeking a full or | ||||||
11 | partial exemption is $75. As provided in Section 10-40 of this | ||||||
12 | Act and as further refined by rule, each cemetery authority | ||||||
13 | license shall expire every 2 years. | ||||||
14 | (k) The fee for original licensure, renewal, and | ||||||
15 | restoration as a cemetery manager is $25. As provided in | ||||||
16 | Section 10-40 of this Act and as further refined by rule, each | ||||||
17 | cemetery manager license shall expire every 2 years. | ||||||
18 | (l) The fee for original licensure, renewal, and | ||||||
19 | restoration as a customer service employee is $25. As provided | ||||||
20 | in Section 10-40 of this Act and as further refined by rule, | ||||||
21 | each customer service employee license shall expire every 2 | ||||||
22 | years. | ||||||
23 | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .) | ||||||
24 | (225 ILCS 411/20-10) | ||||||
25 | (Section scheduled to be repealed on January 1, 2022)
|
| |||||||
| |||||||
1 | Sec. 20-10. Contract. At the time cemetery arrangements | ||||||
2 | are made and prior to rendering the cemetery services, a | ||||||
3 | cemetery authority shall create a completed written contract | ||||||
4 | to be provided to the consumer, signed by both parties by their | ||||||
5 | actual written signatures on either paper or electronic form , | ||||||
6 | that shall contain: (i) the date on which the arrangements | ||||||
7 | were made; (ii) the price of the service selected and the | ||||||
8 | services and merchandise included for that price; (iii) the | ||||||
9 | supplemental items of service and merchandise requested and | ||||||
10 | the price of each item; (iv) the terms or method of payment | ||||||
11 | agreed upon; and (v) a statement as to any monetary advances | ||||||
12 | made on behalf of the family. The cemetery authority shall | ||||||
13 | maintain a copy of such written contract in its permanent | ||||||
14 | records.
| ||||||
15 | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .) | ||||||
16 | (225 ILCS 411/25-3) | ||||||
17 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
18 | Sec. 25-3. Exemption , investigation, mediation . All | ||||||
19 | cemetery authorities maintaining a partial exemption must | ||||||
20 | submit to the following investigation and mediation procedure | ||||||
21 | by the Department in the event of a consumer complaint: | ||||||
22 | (a) Complaints to cemetery: | ||||||
23 | (1) the cemetery authority shall make every effort | ||||||
24 | to first resolve a consumer complaint; and
| ||||||
25 | (2) if the complaint is not resolved, then the |
| |||||||
| |||||||
1 | cemetery authority shall advise the consumer of his or | ||||||
2 | her right to file a complaint with seek investigation | ||||||
3 | and mediation by the Department. | ||||||
4 | (b) Complaints to the Department: | ||||||
5 | (1) if the Department receives a complaint, the | ||||||
6 | Department shall make an initial determination as to | ||||||
7 | whether the complaint has a reasonable basis and | ||||||
8 | pertains to this Act;
| ||||||
9 | (2) if the Department determines that the | ||||||
10 | complaint has a reasonable basis and pertains to this | ||||||
11 | Act, it shall inform the cemetery authority of the | ||||||
12 | complaint and give it 30 days to tender a response;
| ||||||
13 | (3) upon receiving the cemetery authority's | ||||||
14 | response, or after the 30 days provided in subsection | ||||||
15 | (2) of this subsection, whichever comes first, the | ||||||
16 | Department shall attempt to resolve the complaint | ||||||
17 | telephonically with the parties involved;
| ||||||
18 | (4) if the complaint still is not resolved, then | ||||||
19 | the Department shall conduct an investigation and | ||||||
20 | mediate the complaint as provided for by rule;
| ||||||
21 | (5) if the Department conducts an on-site | ||||||
22 | investigation and face-to-face mediation with the | ||||||
23 | parties, then it may charge the cemetery authority a | ||||||
24 | single investigation and mediation fee, which fee | ||||||
25 | shall be set by rule and shall be calculated on an | ||||||
26 | hourly basis; and
|
| |||||||
| |||||||
1 | (6) if all attempts to resolve the consumer | ||||||
2 | complaint as provided for in paragraphs (1) through | ||||||
3 | (5) fail, then the cemetery authority may be subject | ||||||
4 | to proceedings for penalties and discipline under this | ||||||
5 | Article when it is determined by the Department that | ||||||
6 | the cemetery authority may have engaged in any of the | ||||||
7 | following: (i) gross malpractice; (ii) dishonorable, | ||||||
8 | unethical, or unprofessional conduct of a character | ||||||
9 | likely to deceive, defraud, or harm the public; (iii) | ||||||
10 | gross, willful, or continued overcharging for | ||||||
11 | services; (iv) incompetence; (v) unjustified failure | ||||||
12 | to honor its contracts; or (vi) failure to adequately | ||||||
13 | maintain its premises. The Department may issue a | ||||||
14 | citation or institute disciplinary action and cause | ||||||
15 | the matter to be prosecuted and may thereafter issue | ||||||
16 | and enforce its final order as provided in this Act.
| ||||||
17 | (Source: P.A. 96-863, eff. 3-1-10 .) | ||||||
18 | (225 ILCS 411/25-5) | ||||||
19 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
20 | Sec. 25-5. Citations. | ||||||
21 | (a) The Department may adopt rules to permit the issuance | ||||||
22 | of citations for non-frivolous complaints. The citation shall | ||||||
23 | be issued to the licensee and shall contain the licensee's | ||||||
24 | name and address, the licensee's license number, a brief | ||||||
25 | factual statement, the Sections of the law allegedly violated, |
| |||||||
| |||||||
1 | and the penalty imposed. The citation must clearly state that | ||||||
2 | the licensee may choose, in lieu of accepting the citation, to | ||||||
3 | request a hearing. If the licensee does not dispute the matter | ||||||
4 | in the citation with the Department within 30 days after the | ||||||
5 | citation is served, then the citation shall become a final | ||||||
6 | order and shall constitute discipline. The penalty shall be a | ||||||
7 | fine or other conditions as established by rule. | ||||||
8 | (b) The Department shall adopt rules designating | ||||||
9 | violations for which a citation may be issued. Such rules | ||||||
10 | shall designate as citation violations those violations for | ||||||
11 | which there is no substantial threat to the public health, | ||||||
12 | safety, and welfare. Citations shall not be utilized if there | ||||||
13 | was any significant consumer harm resulting from the | ||||||
14 | violation. | ||||||
15 | (c) A citation must be issued within 6 months after the | ||||||
16 | reporting of a violation that is the basis for the citation. | ||||||
17 | (d) Service of a citation may be made by personal service , | ||||||
18 | regular mail, or email or certified mail to the licensee at the | ||||||
19 | licensee's address of record.
| ||||||
20 | (Source: P.A. 96-863, eff. 3-1-10 .) | ||||||
21 | (225 ILCS 411/25-10) | ||||||
22 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
23 | Sec. 25-10. Grounds for disciplinary action. | ||||||
24 | (a) The Department may refuse to issue or renew a license | ||||||
25 | or may revoke, suspend, place on probation, reprimand, or take |
| |||||||
| |||||||
1 | other disciplinary or non-disciplinary action as the | ||||||
2 | Department may deem appropriate, including imposing fines not | ||||||
3 | to exceed $10,000 $8,000 for each violation, with regard to | ||||||
4 | any license under this Act, for any one or combination of the | ||||||
5 | following: | ||||||
6 | (1) Material misstatement in furnishing information to | ||||||
7 | the Department. | ||||||
8 | (2) Violations of this Act, except for Section 20-8 , | ||||||
9 | or of the rules adopted under this Act . | ||||||
10 | (3) Conviction of or entry of a plea of guilty or nolo | ||||||
11 | contendere, finding of guilt, jury verdict, or entry of | ||||||
12 | judgment or sentencing, including, but not limited to, | ||||||
13 | convictions, preceding sentences of supervision, | ||||||
14 | conditional discharge, or first offender probation under | ||||||
15 | the law of any jurisdiction of the United States that is | ||||||
16 | (i) a Class X felony or (ii) a felony, an essential element | ||||||
17 | of which is fraud or dishonesty that is directly related | ||||||
18 | to the practice of cemetery operations. Conviction of, or | ||||||
19 | entry of a plea of guilty or nolo contendere to, any crime | ||||||
20 | within the last 10 years that is a Class X felony or higher | ||||||
21 | or is a felony involving fraud and dishonesty under the | ||||||
22 | laws of the United States or any state or territory | ||||||
23 | thereof. | ||||||
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. Making any misrepresentation for the |
| |||||||
| |||||||
1 | purpose of obtaining licensure or violating any provision | ||||||
2 | of this Act or the rules adopted under this Act. | ||||||
3 | (5) Incompetence or misconduct in the practice of | ||||||
4 | cemetery operations. Professional incompetence. | ||||||
5 | (6) Gross malpractice.
| ||||||
6 | (7) Aiding or assisting another person in violating | ||||||
7 | any provision of this Act or rules adopted under this Act. | ||||||
8 | (8) Failing, within 10 business days, to provide | ||||||
9 | information in response to a written request made by the | ||||||
10 | Department.
| ||||||
11 | (9) Engaging in dishonorable, unethical, or | ||||||
12 | unprofessional conduct of a character likely to deceive, | ||||||
13 | defraud, or harm the public. | ||||||
14 | (10) Habitual or excessive use or abuse of drugs | ||||||
15 | defined in law as controlled substances, alcohol, | ||||||
16 | narcotics, stimulants, or any other substances that | ||||||
17 | results in the inability to practice pursuant to the | ||||||
18 | provisions of this Act with reasonable judgment, skill, or | ||||||
19 | safety while acting under the provisions of this Act. | ||||||
20 | Inability to practice with reasonable judgment, skill, or | ||||||
21 | safety as a result of habitual or excessive use of | ||||||
22 | alcohol, narcotics, stimulants, or any other chemical | ||||||
23 | agent or drug. | ||||||
24 | (11) Discipline by another agency, state, territory, | ||||||
25 | foreign country, the District of Columbia, the United | ||||||
26 | States government territory , or any other government |
| |||||||
| |||||||
1 | agency foreign nation , if at least one of the grounds for | ||||||
2 | the discipline is the same or substantially equivalent to | ||||||
3 | those set forth in this Act Section . | ||||||
4 | (12) Directly or indirectly giving to or receiving | ||||||
5 | from any person, firm, corporation, partnership, or | ||||||
6 | association any fee, commission, rebate, or other form of | ||||||
7 | compensation for professional services not actually or | ||||||
8 | personally rendered. | ||||||
9 | (13) A finding by the Department that the licensee, | ||||||
10 | after having his or her license placed on probationary | ||||||
11 | status, has violated the terms of probation or failed to | ||||||
12 | comply with such terms . | ||||||
13 | (14) Willfully making or filing false records or | ||||||
14 | reports in his or her practice, including, but not limited | ||||||
15 | to, false records filed with any governmental agency or | ||||||
16 | department. | ||||||
17 | (15) Inability to practice the profession with | ||||||
18 | reasonable judgment, skill, or safety as a result of | ||||||
19 | physical illness, including, but not limited to, loss of | ||||||
20 | motor skill, mental illness, or disability . | ||||||
21 | (16) Failure to comply with an order, decision, or | ||||||
22 | finding of the Department made pursuant to this Act. | ||||||
23 | (17) Directly or indirectly receiving compensation for | ||||||
24 | any professional services not actually performed. | ||||||
25 | (18) Practicing under a false or, except as provided | ||||||
26 | by law, an assumed name.
|
| |||||||
| |||||||
1 | (19) Using or attempting to use an expired, inactive, | ||||||
2 | suspended, or revoked license or impersonating another | ||||||
3 | licensee. Fraud or 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 | (20) A finding by the Department that an applicant or | ||||||
7 | licensee has failed to pay a fine imposed by the | ||||||
8 | Department. Cheating on or attempting to subvert the | ||||||
9 | licensing examination administered under this Act. | ||||||
10 | (21) Unjustified failure to honor its contracts.
| ||||||
11 | (22) Negligent supervision of a cemetery manager, | ||||||
12 | customer service employee, employee, or independent | ||||||
13 | contractor.
| ||||||
14 | (23) (Blank). A pattern of practice or other behavior | ||||||
15 | which demonstrates incapacity or incompetence to practice | ||||||
16 | under this Act. | ||||||
17 | (24) (Blank). Allowing an individual who is not, but | ||||||
18 | is required to be, licensed under this Act to perform work | ||||||
19 | for the cemetery authority. | ||||||
20 | (25) (Blank). | ||||||
21 | (b) No action may be taken under this Act against a person | ||||||
22 | licensed under this Act for an occurrence or alleged | ||||||
23 | occurrence that predates the enactment of this Act unless the | ||||||
24 | action is commenced within 5 years after the occurrence of the | ||||||
25 | alleged violations, except for a violation of item (3) of | ||||||
26 | subsection (a) of this Section. If a person licensed under |
| |||||||
| |||||||
1 | this Act violates item (3) of subsection (a) of this Section, | ||||||
2 | then the action may commence within 10 years after the | ||||||
3 | occurrence of the alleged violation. A continuing violation | ||||||
4 | shall be deemed to have occurred on the date when the | ||||||
5 | circumstances last existed that give rise to the alleged | ||||||
6 | violation .
| ||||||
7 | (c) In enforcing this Section, the Department, upon a | ||||||
8 | showing of a possible violation, may order a licensee or | ||||||
9 | applicant to submit to a mental or physical examination, or | ||||||
10 | both, at the expense of the Department. The Department may | ||||||
11 | order the examining physician to present testimony concerning | ||||||
12 | his or her examination of the licensee or applicant. No | ||||||
13 | information shall be excluded by reason of any common law or | ||||||
14 | statutory privilege relating to communications between the | ||||||
15 | licensee or applicant and the examining physician. The | ||||||
16 | examining physicians shall be specifically designated by the | ||||||
17 | Department. The licensee or applicant may have, at his or her | ||||||
18 | own expense, another physician of his or her choice present | ||||||
19 | during all aspects of the examination. Failure of a licensee | ||||||
20 | or applicant to submit to any such examination when directed, | ||||||
21 | without reasonable cause, shall be grounds for either | ||||||
22 | immediate suspending of his or her license or immediate denial | ||||||
23 | of his or her application. | ||||||
24 | (1) If the Secretary immediately suspends the license | ||||||
25 | of a licensee for his or her failure to submit to a mental | ||||||
26 | or physical examination when directed, a hearing must be |
| |||||||
| |||||||
1 | convened by the Department within 15 days after the | ||||||
2 | suspension and completed without appreciable delay. | ||||||
3 | (2) If the Secretary otherwise suspends a license | ||||||
4 | pursuant to the results of the licensee's mental or | ||||||
5 | physical examination, a hearing must be convened by the | ||||||
6 | Department within 15 days after the suspension and | ||||||
7 | completed without appreciable delay. The Department shall | ||||||
8 | have the authority to review the licensee's record of | ||||||
9 | treatment and counseling regarding the relevant impairment | ||||||
10 | or impairments to the extent permitted by applicable | ||||||
11 | federal statutes and regulations safeguarding the | ||||||
12 | confidentiality of medical records. | ||||||
13 | (3) Any licensee suspended under this subsection shall | ||||||
14 | be afforded an opportunity to demonstrate to the | ||||||
15 | Department that he or she can resume practice in | ||||||
16 | compliance with the acceptable and prevailing standards | ||||||
17 | under the provisions of his or her license. | ||||||
18 | (d) The determination by a circuit court that a licensee | ||||||
19 | is subject to involuntary admission or judicial admission, as | ||||||
20 | provided in the Mental Health and Developmental Disabilities | ||||||
21 | Code, operates as an automatic suspension. Such suspension may | ||||||
22 | end only upon a finding by a court that the patient is no | ||||||
23 | longer subject to involuntary admission or judicial admission, | ||||||
24 | the issuance of an order so finding and discharging the | ||||||
25 | patient, and the filing of a petition for restoration | ||||||
26 | demonstrating fitness to practice. |
| |||||||
| |||||||
1 | (e) In cases where the Department of Healthcare and Family | ||||||
2 | Services has previously determined that a licensee or a | ||||||
3 | potential licensee is more than 30 days delinquent in the | ||||||
4 | payment of child support and has subsequently certified the | ||||||
5 | delinquency to the Department, the Department shall refuse to | ||||||
6 | issue or renew or shall revoke or suspend that person's | ||||||
7 | license or shall take other disciplinary action against that | ||||||
8 | person based solely upon the certification of delinquency made | ||||||
9 | by the Department of Healthcare and Family Services under | ||||||
10 | paragraph (5) of subsection (a) of Section 2105-15 of the | ||||||
11 | Department of Professional Regulation Law of the Civil | ||||||
12 | Administrative Code of Illinois. | ||||||
13 | (f) The Department shall refuse to issue or renew or shall | ||||||
14 | revoke or suspend a person's license or shall take other | ||||||
15 | disciplinary action against that person for his or her failure | ||||||
16 | to file a return, to pay the tax, penalty, or interest shown in | ||||||
17 | a filed return, or to pay any final assessment of tax, penalty, | ||||||
18 | or interest as required by any tax Act administered by the | ||||||
19 | Department of Revenue, until the requirements of the tax Act | ||||||
20 | are satisfied in accordance with subsection (g) of Section | ||||||
21 | 2105-15 of the Department of Professional Regulation Law of | ||||||
22 | the Civil Administrative Code of Illinois. | ||||||
23 | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .) | ||||||
24 | (225 ILCS 411/25-15) | ||||||
25 | (Section scheduled to be repealed on January 1, 2022)
|
| |||||||
| |||||||
1 | Sec. 25-15. Injunction; cease Cease and desist order . | ||||||
2 | (a) If any person or entity violates a provision of this | ||||||
3 | Act, the Secretary may, in the name of the People of the State | ||||||
4 | of Illinois, through the Attorney General of the State of | ||||||
5 | Illinois, petition for an order enjoining such violation or | ||||||
6 | for an order enforcing compliance with this Act. Upon the | ||||||
7 | filing of a verified petition in such court, the court may | ||||||
8 | issue a temporary restraining order, without notice or bond, | ||||||
9 | and may preliminarily and permanently enjoin such violation. | ||||||
10 | If it is established that such person or entity has violated or | ||||||
11 | is violating the injunction, the court may punish the offender | ||||||
12 | for contempt of court. Proceedings under this Section are in | ||||||
13 | addition to, and not in lieu of, all other remedies and | ||||||
14 | penalties provided by this Act. The Secretary may issue an | ||||||
15 | order to cease and desist to any licensee or other person doing | ||||||
16 | business without the required license when, in the opinion of | ||||||
17 | the Secretary, the licensee or other person is violating or is | ||||||
18 | about to violate any provision of this Act or any rule or | ||||||
19 | requirement imposed in writing by the Department. | ||||||
20 | (b) Whenever in the opinion of the Department any person | ||||||
21 | or entity violates any provision of this Act, the Department | ||||||
22 | may issue a rule to show cause why an order to cease and desist | ||||||
23 | should not be entered against them. The rule shall clearly set | ||||||
24 | forth the grounds relied upon by the Department and shall | ||||||
25 | provide a period of 7 days from the date of the rule to file an | ||||||
26 | answer to the satisfaction of the Department. Failure to |
| |||||||
| |||||||
1 | answer to the satisfaction of the Department shall cause an | ||||||
2 | order to cease and desist to be issued immediately. The | ||||||
3 | Secretary may issue an order to cease and desist prior to a | ||||||
4 | hearing and such order shall be in full force and effect until | ||||||
5 | a final administrative order is entered.
| ||||||
6 | (c) The Secretary shall serve notice of his or her action, | ||||||
7 | designated as an order to cease and desist made pursuant to | ||||||
8 | this Section, including a statement of the reasons for the | ||||||
9 | action, either personally or by certified mail, return receipt | ||||||
10 | requested. Service by certified mail shall be deemed completed | ||||||
11 | when the notice is deposited in the United States mail and sent | ||||||
12 | to the address of record or, in the case of unlicensed | ||||||
13 | activity, the address known to the Department. | ||||||
14 | (d) Within 15 days after service of the order to cease and | ||||||
15 | desist, the licensee or other person may request, in writing, | ||||||
16 | a hearing. | ||||||
17 | (e) The Secretary shall schedule a hearing within 30 days | ||||||
18 | after the request for a hearing unless otherwise agreed to by | ||||||
19 | the parties. | ||||||
20 | (f) The Secretary shall have the authority to prescribe | ||||||
21 | rules for the administration of this Section. | ||||||
22 | (g) If, after hearing, it is determined that the Secretary | ||||||
23 | has the authority to issue the order to cease and desist, he or | ||||||
24 | she may issue such orders as may be reasonably necessary to | ||||||
25 | correct, eliminate, or remedy such conduct. | ||||||
26 | (h) The powers vested in the Secretary by this Section are |
| |||||||
| |||||||
1 | additional to any and all other powers and remedies vested in | ||||||
2 | the Secretary by law and nothing in this Section shall be | ||||||
3 | construed as requiring that the Secretary shall employ the | ||||||
4 | power conferred in this Section instead of or as a condition | ||||||
5 | precedent to the exercise of any other power or remedy vested | ||||||
6 | in the Secretary.
| ||||||
7 | (Source: P.A. 96-863, eff. 3-1-10 .) | ||||||
8 | (225 ILCS 411/25-25) | ||||||
9 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
10 | Sec. 25-25. Investigations, notice, hearings. | ||||||
11 | (a) The Department may investigate the actions of any | ||||||
12 | applicant or of any person or entity holding or claiming to | ||||||
13 | hold a license under this Act. The Department may at any time | ||||||
14 | investigate the actions of any applicant or of any person or | ||||||
15 | persons rendering or offering to render services as a cemetery | ||||||
16 | authority, cemetery manager, or customer service employee of | ||||||
17 | or any person holding or claiming to hold a license as a | ||||||
18 | licensed cemetery authority, cemetery manager, or customer | ||||||
19 | service employee. If it appears to the Department that a | ||||||
20 | person has engaged in, is engaging in, or is about to engage in | ||||||
21 | any practice declared to be unlawful by this Act, then the | ||||||
22 | Department may: (1) require that person to file on such terms | ||||||
23 | as the Department prescribes a statement or report in writing, | ||||||
24 | under oath or otherwise, containing all information the | ||||||
25 | Department may consider necessary to ascertain whether a |
| |||||||
| |||||||
1 | licensee is in compliance with this Act, or whether an | ||||||
2 | unlicensed person is engaging in activities for which a | ||||||
3 | license is required; (2) examine under oath any individual in | ||||||
4 | connection with the books and records pertaining to or having | ||||||
5 | an impact upon the operation of a cemetery; (3) examine any | ||||||
6 | books and records of the licensee that the Department may | ||||||
7 | consider necessary to ascertain compliance with this Act; and | ||||||
8 | (4) require the production of a copy of any record, book, | ||||||
9 | document, account, or paper that is produced in accordance | ||||||
10 | with this Act and retain it in his or her possession until the | ||||||
11 | completion of all proceedings in connection with which it is | ||||||
12 | produced. | ||||||
13 | (b) The Department shall, before disciplining an applicant | ||||||
14 | or licensee, at least 30 days prior to the date set for the | ||||||
15 | hearing: (i) notify, in writing, the accused of the charges | ||||||
16 | made and the time and place for the hearing on the charges, | ||||||
17 | (ii) direct him or her to file a written answer to the charges | ||||||
18 | under oath within 20 days after service of the notice, and | ||||||
19 | (iii) inform the applicant or licensee that failure to file an | ||||||
20 | answer will result in a default being entered against the | ||||||
21 | applicant or licensee. The Secretary may, after 10 days notice | ||||||
22 | by certified mail with return receipt requested to the | ||||||
23 | licensee at the address of record or to the last known address | ||||||
24 | of any other person stating the contemplated action and in | ||||||
25 | general the grounds therefor, fine such licensee an amount not | ||||||
26 | exceeding $10,000 per violation or revoke, suspend, refuse to |
| |||||||
| |||||||
1 | renew, place on probation, or reprimand any license issued | ||||||
2 | under this Act if he or she finds that:
| ||||||
3 | (1) the licensee has failed to comply with any | ||||||
4 | provision of this Act or any order, decision, finding, | ||||||
5 | rule, regulation, or direction of the Secretary lawfully | ||||||
6 | made pursuant to the authority of this Act; or
| ||||||
7 | (2) any fact or condition exists which, if it had | ||||||
8 | existed at the time of the original application for the | ||||||
9 | license, clearly would have warranted the Secretary in | ||||||
10 | refusing to issue the license.
| ||||||
11 | (c) Written or electronic notice, and any notice in the | ||||||
12 | subsequent proceedings, may be served by personal delivery, by | ||||||
13 | email, or by mail to the applicant or licensee at his or her | ||||||
14 | address of record or email address of record. The Secretary | ||||||
15 | may fine, revoke, suspend, refuse to renew, place on | ||||||
16 | probation, reprimand, or take any other disciplinary action as | ||||||
17 | to the particular license with respect to which grounds for | ||||||
18 | the fine, revocation, suspension, refuse to renew, probation, | ||||||
19 | or reprimand, or other disciplinary action occur or exist, but | ||||||
20 | if the Secretary finds that grounds for revocation are of | ||||||
21 | general application to all offices or to more than one office | ||||||
22 | of the licensee, the Secretary shall fine, revoke, suspend, | ||||||
23 | refuse to renew, place on probation, reprimand, or otherwise | ||||||
24 | discipline every license to which such grounds apply. | ||||||
25 | (d) At the time and place fixed in the notice, the hearing | ||||||
26 | officer appointed by the Secretary shall proceed to hear the |
| |||||||
| |||||||
1 | charges and the parties or their counsel shall be accorded | ||||||
2 | ample opportunity to present any statement, testimony, | ||||||
3 | evidence, and argument as may be pertinent to the charges or to | ||||||
4 | their defense. The hearing officer may continue the hearing | ||||||
5 | from time to time. In every case in which a license is revoked, | ||||||
6 | suspended, placed on probation, reprimanded, or otherwise | ||||||
7 | disciplined, the Secretary shall serve the licensee with | ||||||
8 | notice of his or her action, including a statement of the | ||||||
9 | reasons for his or her actions, either personally or by | ||||||
10 | certified mail, return receipt requested. Service by certified | ||||||
11 | mail shall be deemed completed when the notice is deposited in | ||||||
12 | the United States mail and sent to the address of record. | ||||||
13 | (e) In case the licensee or applicant, after receiving the | ||||||
14 | notice, fails to file an answer, his or her license may, in the | ||||||
15 | discretion of the Secretary, be suspended, revoked, or placed | ||||||
16 | on probationary status, or be subject to whatever disciplinary | ||||||
17 | action the Secretary considers proper, including limiting the | ||||||
18 | scope, nature, or extent of the person's practice or | ||||||
19 | imposition of a fine, without hearing, if the act or acts | ||||||
20 | charged constitute sufficient grounds for the action under | ||||||
21 | this Act. An order assessing a fine, an order revoking, | ||||||
22 | suspending, placing on probation, or reprimanding a license | ||||||
23 | or, an order denying renewal of a license shall take effect | ||||||
24 | upon service of the order unless the licensee requests, in | ||||||
25 | writing, within 20 days after the date of service, a hearing. | ||||||
26 | In the event a hearing is requested, an order issued under this |
| |||||||
| |||||||
1 | Section shall be stayed until a final administrative order is | ||||||
2 | entered. | ||||||
3 | (f) If the licensee requests a hearing, then the Secretary | ||||||
4 | shall schedule a hearing within 30 days after the request for a | ||||||
5 | hearing unless otherwise agreed to by the parties. The | ||||||
6 | Secretary shall have the authority to appoint an attorney duly | ||||||
7 | licensed to practice law in the State of Illinois to serve as | ||||||
8 | the hearing officer in any disciplinary action with regard to | ||||||
9 | a license. The hearing officer shall have full authority to | ||||||
10 | conduct the hearing. | ||||||
11 | (g) The hearing shall be held at the time and place | ||||||
12 | designated by the Secretary. | ||||||
13 | (h) The Secretary shall have the authority to prescribe | ||||||
14 | rules for the administration of this Section. | ||||||
15 | (i) Fines imposed and any costs assessed shall be paid | ||||||
16 | within 60 days.
| ||||||
17 | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .) | ||||||
18 | (225 ILCS 411/25-26 new) | ||||||
19 | Sec. 25-26. Hearing officer. Notwithstanding any provision | ||||||
20 | of this Act, the Secretary has the authority to appoint an | ||||||
21 | attorney licensed to practice law in the State of Illinois to | ||||||
22 | serve as the hearing officer in any action for refusal to issue | ||||||
23 | or renew a license or discipline a license. The hearing | ||||||
24 | officer shall have full authority to conduct the hearing. The | ||||||
25 | hearing officer shall report his or her findings of fact, |
| |||||||
| |||||||
1 | conclusions of law, and recommendations to the Secretary. | ||||||
2 | (225 ILCS 411/25-30) | ||||||
3 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
4 | Sec. 25-30. Hearing; motion for rehearing Consent order . | ||||||
5 | (a) The hearing officer appointed by the Secretary shall | ||||||
6 | hear evidence in support of the formal charges and evidence | ||||||
7 | produced by the licensee. At the conclusion of the hearing, | ||||||
8 | the hearing officer shall present to the Secretary a written | ||||||
9 | report of his or her findings of fact, conclusions of law, and | ||||||
10 | recommendations. | ||||||
11 | (b) At the conclusion of the hearing, a copy of the hearing | ||||||
12 | officer's report shall be served upon the applicant or | ||||||
13 | licensee, either personally or as provided in this Act for the | ||||||
14 | service of the notice of hearing. Within 20 calendar days | ||||||
15 | after such service, the applicant or licensee may present to | ||||||
16 | the Department a motion, in writing, for a rehearing which | ||||||
17 | shall specify the particular grounds for rehearing. The | ||||||
18 | Department may respond to the motion for rehearing within 20 | ||||||
19 | calendar days after its service on the Department. If no | ||||||
20 | motion for rehearing is filed, then upon the expiration of the | ||||||
21 | time specified for filing such a motion, or upon denial of a | ||||||
22 | motion for rehearing, the Secretary may enter an order in | ||||||
23 | accordance with the recommendations of the hearing officer. If | ||||||
24 | the applicant or licensee orders from the reporting service | ||||||
25 | and pays for a transcript of the record within the time for |
| |||||||
| |||||||
1 | filing a motion for rehearing, the 20 calendar day period | ||||||
2 | within which a motion may be filed shall commence upon | ||||||
3 | delivery of the transcript to the applicant or licensee. | ||||||
4 | (c) If the Secretary disagrees in any regard with the | ||||||
5 | report of the hearing officer, the Secretary may issue an | ||||||
6 | order contrary to the report. | ||||||
7 | (d) Whenever the Secretary is not satisfied that | ||||||
8 | substantial justice has been done, the Secretary may order a | ||||||
9 | hearing by the same or another hearing officer. | ||||||
10 | (e) At any point in any investigation or disciplinary | ||||||
11 | proceeding provided for in this Act, both parties may agree to | ||||||
12 | a negotiated consent order. The consent order shall be final | ||||||
13 | upon signature of the Secretary. | ||||||
14 | At any point in any investigation or disciplinary proceeding | ||||||
15 | provided for in this Act, both parties may agree to a | ||||||
16 | negotiated consent order. The consent order shall be final | ||||||
17 | upon signature of the Secretary.
| ||||||
18 | (Source: P.A. 96-863, eff. 3-1-10 .) | ||||||
19 | (225 ILCS 411/25-35) | ||||||
20 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
21 | Sec. 25-35. Record of proceedings ; transcript . | ||||||
22 | (a) The Department, at its expense, shall provide a | ||||||
23 | certified shorthand reporter to take down the testimony and | ||||||
24 | preserve a record of all proceedings at the hearing of any case | ||||||
25 | in which a licensee may be revoked, suspended, placed on |
| |||||||
| |||||||
1 | probationary status, reprimanded, fined, or subjected to other | ||||||
2 | disciplinary action with reference to the license when a | ||||||
3 | disciplinary action is authorized under this Act and rules. | ||||||
4 | The notice of hearing, complaint, and all other documents in | ||||||
5 | the nature of pleadings and written portions filed in the | ||||||
6 | proceedings, the transcript of the testimony, the report of | ||||||
7 | the hearing officer, and the orders of the Department shall be | ||||||
8 | the record of the proceedings. The record may be made | ||||||
9 | available to any person interested in the hearing upon payment | ||||||
10 | of the fee required by Section 2105-115 of the Department of | ||||||
11 | Professional Regulation Law shall preserve a record of all | ||||||
12 | proceedings at the formal hearing of any case. Any notice, all | ||||||
13 | documents in the nature of pleadings, written motions filed in | ||||||
14 | the proceedings, the transcripts of testimony, and orders of | ||||||
15 | the Department shall be in the record of the proceeding .
| ||||||
16 | (b) The Department may contract for court reporting | ||||||
17 | services, and, if it does so, the Department shall provide the | ||||||
18 | name and contact information for the certified shorthand | ||||||
19 | reporter who transcribed the testimony at a hearing to any | ||||||
20 | person interested, who may obtain a copy of the transcript of | ||||||
21 | any proceedings at a hearing upon payment of the fee specified | ||||||
22 | by the certified shorthand reporter. | ||||||
23 | (Source: P.A. 96-863, eff. 3-1-10 .) | ||||||
24 | (225 ILCS 411/25-90) | ||||||
25 | (Section scheduled to be repealed on January 1, 2022)
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1 | Sec. 25-90. Restoration of license from discipline. | ||||||
2 | (a) At any time after the successful completion of a term | ||||||
3 | of indefinite probation, suspension, or revocation of a | ||||||
4 | license under this Act , the Department may restore the license | ||||||
5 | to the licensee, unless after an investigation and a hearing | ||||||
6 | the Secretary determines that restoration is not in the public | ||||||
7 | interest.
| ||||||
8 | (b) Where circumstances of suspension or revocation so | ||||||
9 | indicate, the Department may require an examination of the | ||||||
10 | licensee prior to restoring his or her license. | ||||||
11 | (c) No person whose license has been revoked as authorized | ||||||
12 | in this Act may apply for restoration of that license until | ||||||
13 | such time as provided for in the Civil Administrative Code of | ||||||
14 | Illinois. | ||||||
15 | (d) A license that has been suspended or revoked shall be | ||||||
16 | considered non-renewed for purposes of restoration and a | ||||||
17 | licensee restoring his or her license from suspension or | ||||||
18 | revocation must comply with the requirements for restoration | ||||||
19 | as set forth in Section 10-40. | ||||||
20 | (Source: P.A. 96-863, eff. 3-1-10 .) | ||||||
21 | (225 ILCS 411/25-95) | ||||||
22 | (Section scheduled to be repealed on January 1, 2022)
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23 | Sec. 25-95. Administrative review; venue. | ||||||
24 | (a) All final administrative decisions of the Department | ||||||
25 | are subject to judicial review under the Administrative Review |
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| |||||||
1 | Law and its rules. The term "administrative decision" is | ||||||
2 | defined as in Section 3-101 of the Code of Civil Procedure. | ||||||
3 | (b) Proceedings for judicial review shall be commenced in | ||||||
4 | the circuit court of the county in which the party applying for | ||||||
5 | review resides, but if the party is not a resident of Illinois, | ||||||
6 | the venue shall be in Sangamon County.
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7 | (c) The Department shall not be required to certify any | ||||||
8 | record to the court or file any answer in court, or to | ||||||
9 | otherwise appear in any court in a judicial review proceeding, | ||||||
10 | unless and until the Department has received from the | ||||||
11 | plaintiff payment of the costs of furnishing and certifying | ||||||
12 | the record, which costs shall be determined by the Department. | ||||||
13 | (d) Failure on the part of the plaintiff to file a receipt | ||||||
14 | in court shall be grounds for dismissal of the action. | ||||||
15 | (Source: P.A. 96-863, eff. 3-1-10 .) | ||||||
16 | (225 ILCS 411/25-105) | ||||||
17 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
18 | Sec. 25-105. Unlicensed practice; violations; civil | ||||||
19 | penalty Violations . | ||||||
20 | (a) Any person who practices, offers to practice, attempts | ||||||
21 | to practice, or hold himself or herself out as a cemetery | ||||||
22 | manager or customer service employee as provided in this Act | ||||||
23 | without being licensed or exempt under this Act shall, in | ||||||
24 | addition to any other penalty provided by law, pay a civil | ||||||
25 | penalty to the Department in an amount not to exceed $10,000 |
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1 | for each offense, as determined by the Department. The civil | ||||||
2 | penalty shall be assessed by the Department after a hearing is | ||||||
3 | held in accordance with the provision set forth in this Act | ||||||
4 | regarding the provision of a hearing for the discipline of a | ||||||
5 | licensee. | ||||||
6 | (b) The Department may investigate any actual, alleged, or | ||||||
7 | suspected unlicensed activity. | ||||||
8 | (c) The civil penalty shall be paid within 60 days after | ||||||
9 | the effective date of the order imposing the civil penalty. | ||||||
10 | The order shall constitute a judgment and may be filed and | ||||||
11 | execution had thereon in the same manner as any judgment from | ||||||
12 | any court of record. | ||||||
13 | (d) A person or entity not licensed under this Act who has | ||||||
14 | violated any provision of this Act or its rules is guilty of a | ||||||
15 | Class A misdemeanor for the first offense and a Class 4 felony | ||||||
16 | for a second and subsequent offenses. | ||||||
17 | Each of the following acts is a Class A misdemeanor for the | ||||||
18 | first offense and a Class 4 felony for each subsequent | ||||||
19 | offense: | ||||||
20 | (1) the practice of or attempted practice of or | ||||||
21 | holding out as available to practice as a cemetery | ||||||
22 | authority, cemetery manager, or customer service employee | ||||||
23 | without a license; or | ||||||
24 | (2) the obtaining of or the attempt to obtain any | ||||||
25 | license or authorization under this Act by fraud or | ||||||
26 | misrepresentation.
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1 | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .) | ||||||
2 | (225 ILCS 411/25-115) | ||||||
3 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
4 | Sec. 25-115. Illinois Administrative Procedure Act; | ||||||
5 | application. The Illinois Administrative Procedure Act is | ||||||
6 | expressly adopted and incorporated in this Act as if all of the | ||||||
7 | provisions of that Act were included in this Act, except that | ||||||
8 | the provision of paragraph (d) of Section 10-65 of the | ||||||
9 | Illinois Administrative Procedure Act, which provides that at | ||||||
10 | hearings the licensee has the right to show compliance with | ||||||
11 | all lawful requirements for retention or continuation or | ||||||
12 | renewal of the license, is specifically excluded. The | ||||||
13 | Department shall not be required to annually verify email | ||||||
14 | addresses as specified in paragraph (a) of subsection (2) of | ||||||
15 | Section 10-75 of the Illinois Administrative Procedure Act. | ||||||
16 | For the purpose of this Act, the notice required under Section | ||||||
17 | 10-25 of the Illinois Administrative Procedure Act is | ||||||
18 | considered sufficient when mailed to the address of record or | ||||||
19 | emailed to the email address of record .
| ||||||
20 | (Source: P.A. 96-863, eff. 3-1-10 .) | ||||||
21 | (225 ILCS 411/35-5) | ||||||
22 | (Section scheduled to be repealed on January 1, 2022)
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23 | Sec. 35-5. Penalties. Cemetery authorities shall respect | ||||||
24 | the rights of consumers of cemetery products and services as |
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1 | put forth in this Article. Failure to abide by the cemetery | ||||||
2 | duties listed in this Article or to comply with a request by a | ||||||
3 | consumer based on a consumer's privileges under this Article | ||||||
4 | may activate the mediation, citation, or disciplinary | ||||||
5 | processes in Article 25 of this Act.
| ||||||
6 | (Source: P.A. 96-863, eff. 3-1-10 .) | ||||||
7 | (225 ILCS 411/35-15) | ||||||
8 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
9 | Sec. 35-15. Cemetery duties.
| ||||||
10 | (a) Prices for all cemetery-related products offered for | ||||||
11 | sale by the cemetery authority must be disclosed to the | ||||||
12 | consumer in writing on a standardized price list. | ||||||
13 | Memorialization pricing may be disclosed in price ranges. The | ||||||
14 | price list shall include the effective dates of the prices. | ||||||
15 | The price list shall include not only the range of interment, | ||||||
16 | inurnment, and entombment rights, and the cost of extending | ||||||
17 | the term of any term burial, but also any related merchandise | ||||||
18 | or services offered by the cemetery authority. Charges for | ||||||
19 | installation of markers, monuments, and vaults in cemeteries | ||||||
20 | must be the same without regard to where the item is purchased. | ||||||
21 | (b) A contract for the interment, inurnment, or entombment | ||||||
22 | of human remains must be signed by both parties: the consumer | ||||||
23 | and the cemetery authority or its representative. Such | ||||||
24 | signature shall be personally signed by the signor on either | ||||||
25 | paper or electronic format and shall not include a stamp or |
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1 | electronic facsimile of the signature. Before a contract is | ||||||
2 | signed, the prices for the purchased services and merchandise | ||||||
3 | must be disclosed on the contract and in plain language. If a | ||||||
4 | contract is for a term burial, the term, the option to extend | ||||||
5 | the term, and the subsequent disposition of the human remains | ||||||
6 | post-term must be in bold print and discussed with the | ||||||
7 | consumer. Any contract for the sale of a burial plot, when | ||||||
8 | designated, must disclose the exact location of the burial | ||||||
9 | plot based on the survey of the cemetery map or plat on file | ||||||
10 | with the cemetery authority. | ||||||
11 | (c) A cemetery authority that has the legal right to | ||||||
12 | extend a term burial shall, prior to disinterment, provide the | ||||||
13 | family or other authorized agent under the Disposition of | ||||||
14 | Remains Act the opportunity to extend the term of a term burial | ||||||
15 | for the cost as stated on the cemetery authority's current | ||||||
16 | price list. Regardless of whether the family or other | ||||||
17 | authorized agent chooses to extend the term burial, the | ||||||
18 | cemetery authority shall, prior to disinterment, provide | ||||||
19 | notice to the family or other authorized agent under the | ||||||
20 | Disposition of Remains Act of the cemetery authority's | ||||||
21 | intention to disinter the remains and to inter different human | ||||||
22 | remains in that space. | ||||||
23 | (d) If any rules or regulations, including the operational | ||||||
24 | or maintenance requirements, of a cemetery change after the | ||||||
25 | date a contract is signed for the purchase of cemetery-related | ||||||
26 | or funeral-related products or services, the cemetery may not |
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1 | require the consumer, purchaser, or such individual's relative | ||||||
2 | or representative to purchase any merchandise or service not | ||||||
3 | included in the original contract or in the rules and | ||||||
4 | regulations in existence when the contract was entered unless | ||||||
5 | the purchase is reasonable or required to make the cemetery | ||||||
6 | authority compliant with applicable law. | ||||||
7 | (e) No cemetery authority or its agent may engage in | ||||||
8 | deceptive or unfair practices. The cemetery authority and its | ||||||
9 | agents may not misrepresent legal or cemetery requirements. | ||||||
10 | (f) The Department may adopt rules regarding green burial | ||||||
11 | certification, green cremation products and methods, and | ||||||
12 | consumer education. | ||||||
13 | (g) The contractual requirements contained in this Section | ||||||
14 | only apply to contracts executed after the effective date of | ||||||
15 | this Act.
| ||||||
16 | (Source: P.A. 96-863, eff. 3-1-10 .) | ||||||
17 | (225 ILCS 411/75-45) | ||||||
18 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
19 | Sec. 75-45. Fees. The Department shall by rule provide for | ||||||
20 | fees for the administration and enforcement of this Act, and | ||||||
21 | those fees are nonrefundable. All of the fees , and fines , and | ||||||
22 | all other moneys collected under this Act and fees collected | ||||||
23 | on behalf of the Department under subsection (1) of Section 25 | ||||||
24 | of the Vital Records Act shall be deposited into the Cemetery | ||||||
25 | Oversight Licensing and Disciplinary Fund and be appropriated |
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| |||||||
1 | to the Department for the ordinary and contingent expenses of | ||||||
2 | the Department in the administration and enforcement of this | ||||||
3 | Act.
| ||||||
4 | (Source: P.A. 96-863, eff. 3-1-10 .)
| ||||||
5 | (225 ILCS 411/25-1 rep.) | ||||||
6 | (225 ILCS 411/25-50 rep.) | ||||||
7 | (225 ILCS 411/25-55 rep.) | ||||||
8 | (225 ILCS 411/25-60 rep.) | ||||||
9 | (225 ILCS 411/25-100 rep.) | ||||||
10 | (225 ILCS 411/25-110 rep.) | ||||||
11 | (225 ILCS 411/25-120 rep.) | ||||||
12 | (225 ILCS 411/25-125 rep.) | ||||||
13 | (225 ILCS 411/75-20 rep.) | ||||||
14 | (225 ILCS 411/75-35 rep.) | ||||||
15 | Section 20. The Cemetery Oversight Act is amended by | ||||||
16 | repealing Sections 25-1, 25-50, 25-55, 25-60, 25-100, 25-110, | ||||||
17 | 25-120, 25-125, 75-20, and 75-35. | ||||||
18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.".
|