HB1424 EnrolledLRB099 06559 HAF 26632 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.26 and adding Section 4.36 as follows:
 
6    (5 ILCS 80/4.26)
7    Sec. 4.26. Acts repealed on January 1, 2016. The following
8Acts are repealed on January 1, 2016:
9    The Illinois Athletic Trainers Practice Act.
10    The Illinois Roofing Industry Licensing Act.
11    The Illinois Dental Practice Act.
12    The Collection Agency Act.
13    The Barber, Cosmetology, Esthetics, Hair Braiding, and
14Nail Technology Act of 1985.
15    The Respiratory Care Practice Act.
16    The Hearing Instrument Consumer Protection Act.
17    The Illinois Physical Therapy Act.
18    The Professional Geologist Licensing Act.
19(Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08;
2096-1246, eff. 1-1-11.)
 
21    (5 ILCS 80/4.36 new)
22    Sec. 4.36. Act repealed on January 1, 2026. The following

 

 

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1Act is repealed on January 1, 2026:
2    The Barber, Cosmetology, Esthetics, Hair Braiding, and
3Nail Technology Act of 1985.
 
4    Section 10. The Barber, Cosmetology, Esthetics, Hair
5Braiding, and Nail Technology Act of 1985 is amended by
6changing Sections 1-4, 1-6, 1-7, 1-10, 1-11, 2-2, 2-3, 2-4,
72-7, 2-9, 3-2, 3-3, 3-4, 3-6, 3-7, 3A-6, 3B-2, 3B-10, 3B-11,
83B-12, 3B-13, 3C-8, 3D-5, 3E-5, 4-2, 4-5, 4-7, 4-9, 4-10, 4-13,
94-14, 4-15, 4-16, and 4-17 and by adding Sections 1-6.5, 1-12,
102-10, 2-11, 3-9, 3-10, 3A-8, 3B-17, 3B-18, 3C-10, 3E-7, 4-18.5,
11and 4-25 as follows:
 
12    (225 ILCS 410/1-4)
13    (Section scheduled to be repealed on January 1, 2016)
14    Sec. 1-4. Definitions. In this Act the following words
15shall have the following meanings:
16    "Address of record" means the designated address recorded
17by the Department in the applicant's application file or the
18licensee's license file, as maintained by the Department's
19licensure maintenance unit.
20    "Board" means the Barber, Cosmetology, Esthetics, Hair
21Braiding, and Nail Technology Board.
22    "Department" means the Department of Financial and
23Professional Regulation.
24    "Licensed barber" means an individual licensed by the

 

 

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1Department to practice barbering as defined in this Act and
2whose license is in good standing.
3    "Licensed cosmetologist" means an individual licensed by
4the Department to practice cosmetology, nail technology, hair
5braiding, and esthetics as defined in this Act and whose
6license is in good standing.
7    "Licensed esthetician" means an individual licensed by the
8Department to practice esthetics as defined in this Act and
9whose license is in good standing.
10    "Licensed nail technician" means an any individual
11licensed by the Department to practice nail technology as
12defined in this Act and whose license is in good standing.
13    "Licensed barber teacher" means an individual licensed by
14the Department to practice barbering as defined in this Act and
15to provide instruction in the theory and practice of barbering
16to students in an approved barber school.
17    "Licensed cosmetology teacher" means an individual
18licensed by the Department to practice cosmetology, esthetics,
19hair braiding, and nail technology as defined in this Act and
20to provide instruction in the theory and practice of
21cosmetology, esthetics, hair braiding, and nail technology to
22students in an approved cosmetology, esthetics, hair braiding,
23or nail technology school.
24    "Licensed cosmetology clinic teacher" means an individual
25licensed by the Department to practice cosmetology, esthetics,
26hair braiding, and nail technology as defined in this Act and

 

 

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1to provide clinical instruction in the practice of cosmetology,
2esthetics, hair braiding, and nail technology in an approved
3school of cosmetology, esthetics, hair braiding, or nail
4technology.
5    "Licensed esthetics teacher" means an individual licensed
6by the Department to practice esthetics as defined in this Act
7and to provide instruction in the theory and practice of
8esthetics to students in an approved cosmetology or esthetics
9school.
10    "Licensed hair braider" means an any individual licensed by
11the Department to practice hair braiding as defined in this Act
12Section 3E-1 and whose license is in good standing.
13    "Licensed hair braiding teacher" means an individual
14licensed by the Department to practice hair braiding and to
15provide instruction in the theory and practice of hair braiding
16to students in an approved cosmetology or hair braiding school.
17    "Licensed nail technology teacher" means an individual
18licensed by the Department to practice nail technology and to
19provide instruction in the theory and practice of nail
20technology to students in an approved nail technology school or
21cosmetology school.
22    "Enrollment" is the date upon which the student signs an
23enrollment agreement or student contract.
24    "Enrollment agreement" or "student contract" is any
25agreement, instrument, or contract however named, which
26creates or evidences an obligation binding a student to

 

 

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1purchase a course of instruction from a school.
2    "Enrollment time" means the maximum number of hours a
3student could have attended class, whether or not the student
4did in fact attend all those hours.
5    "Elapsed enrollment time" means the enrollment time
6elapsed between the actual starting date and the date of the
7student's last day of physical attendance in the school.
8    "Mobile shop or salon" means a self-contained facility that
9may be moved, towed, or transported from one location to
10another and in which barbering, cosmetology, esthetics, hair
11braiding, or nail technology is practiced.
12    "Secretary" means the Secretary of the Department of
13Financial and Professional Regulation.
14    "Threading" means any technique that results in the removal
15of superfluous hair from the body by twisting thread around
16unwanted hair and then pulling it from the skin; and may also
17include the incidental trimming of eyebrow hair.
18(Source: P.A. 97-333, eff. 8-12-11; 97-777, eff. 7-13-12;
1998-238, eff. 1-1-14; 98-911, eff. 1-1-15.)
 
20    (225 ILCS 410/1-6)  (from Ch. 111, par. 1701-6)
21    (Section scheduled to be repealed on January 1, 2016)
22    Sec. 1-6. Administrative Procedure Act. The Illinois
23Administrative Procedure Act is hereby expressly adopted and
24incorporated herein as if all of the provisions of that Act
25were included in this Act, except that the provision of

 

 

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1subsection (d) of Section 10-65 of the Illinois Administrative
2Procedure Act that provides that at hearings the licensee has
3the right to show compliance with all lawful requirements for
4retention, continuation or renewal of the license is
5specifically excluded. For the purpose of this Act the notice
6required under Section 10-25 of the Administrative Procedure
7Act is deemed sufficient when mailed to the address of record,
8or, if not an applicant or licensee, to the last known address
9of a party.
10(Source: P.A. 88-45.)
 
11    (225 ILCS 410/1-6.5 new)
12    Sec. 1-6.5. Address of record. It is the duty of the
13applicant or licensee to inform the Department of any change of
14address within 14 days after such change either through the
15Department's website or by contacting the Department's
16licensure maintenance unit.
 
17    (225 ILCS 410/1-7)  (from Ch. 111, par. 1701-7)
18    (Section scheduled to be repealed on January 1, 2016)
19    Sec. 1-7. Licensure required; renewal; restoration.
20    (a) It is unlawful for any person to practice, or to hold
21himself or herself out to be a cosmetologist, esthetician, nail
22technician, hair braider, or barber without a license as a
23cosmetologist, esthetician, nail technician, hair braider or
24barber issued by the Department of Financial and Professional

 

 

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1Regulation pursuant to the provisions of this Act and of the
2Civil Administrative Code of Illinois. It is also unlawful for
3any person, firm, partnership, limited liability company, or
4corporation to own, operate, or conduct a cosmetology,
5esthetics, nail technology, hair braiding salon, or barber
6school without a license issued by the Department or to own or
7operate a cosmetology, esthetics, nail technology, or hair
8braiding salon, or barber shop, or other business subject to
9the registration requirements of this Act without a certificate
10of registration issued by the Department. It is further
11unlawful for any person to teach in any cosmetology, esthetics,
12nail technology, hair braiding, or barber college or school
13approved by the Department or hold himself or herself out as a
14cosmetology, esthetics, hair braiding, nail technology, or
15barber teacher without a license as a teacher, issued by the
16Department or as a cosmetology clinic teacher without a license
17as a cosmetology clinic teacher issued by the Department.
18    (b) Notwithstanding any other provision of this Act, a
19person licensed as a cosmetologist may hold himself or herself
20out as an esthetician and may engage in the practice of
21esthetics, as defined in this Act, without being licensed as an
22esthetician. A person licensed as a cosmetology teacher may
23teach esthetics or hold himself or herself out as an esthetics
24teacher without being licensed as an esthetics teacher. A
25person licensed as a cosmetologist may hold himself or herself
26out as a nail technician and may engage in the practice of nail

 

 

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1technology, as defined in this Act, without being licensed as a
2nail technician. A person licensed as a cosmetology teacher may
3teach nail technology and hold himself or herself out as a nail
4technology teacher without being licensed as a nail technology
5teacher. A person licensed as a cosmetologist may hold himself
6or herself out as a hair braider and may engage in the practice
7of hair braiding, as defined in this Act, without being
8licensed as a hair braider. A person licensed as a cosmetology
9teacher may teach hair braiding and hold himself or herself out
10as a hair braiding teacher without being licensed as a hair
11braiding teacher.
12    (c) A person licensed as a barber teacher may hold himself
13or herself out as a barber and may practice barbering without a
14license as a barber. A person licensed as a cosmetology teacher
15may hold himself or herself out as a cosmetologist,
16esthetician, hair braider, and nail technologist and may
17practice cosmetology, esthetics, hair braiding, and nail
18technology without a license as a cosmetologist, esthetician,
19hair braider, or nail technologist. A person licensed as an
20esthetics teacher may hold himself or herself out as an
21esthetician without being licensed as an esthetician and may
22practice esthetics. A person licensed as a nail technician
23teacher may practice nail technology and may hold himself or
24herself out as a nail technologist without being licensed as a
25nail technologist. A person licensed as a hair braiding teacher
26may practice hair braiding and may hold himself or herself out

 

 

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1as a hair braider without being licensed as a hair braider.
2    (d) The holder of a license issued under this Act may renew
3that license during the month preceding the expiration date of
4the license by paying the required fee.
5    (e) The expiration date, renewal period, and conditions for
6renewal and restoration of each license shall be established by
7rule.
8    (f) A license issued under the provisions of this Act as a
9barber, barber teacher, cosmetologist, cosmetology teacher,
10cosmetology clinic teacher, esthetician, esthetics teacher,
11nail technician, nail technician teacher, hair braider, or hair
12braiding teacher that has expired while the holder of the
13license was engaged (1) in federal service on active duty with
14the Army, Navy, Marine Corps, Air Force, or Coast Guard of the
15United States of America, or any Women's Auxiliary thereof, or
16the State Militia called into the service or training of the
17United States of America or (2) in training or education under
18the supervision of the United States preliminary to induction
19into the military service, may be reinstated or restored
20without payment of any lapsed renewal fees, reinstatement fee,
21or restoration fee if within 2 years after the termination of
22such service, training, or education other than by dishonorable
23discharge, the holder furnishes the Department with an
24affidavit to the effect that he or she has been so engaged and
25that his or her service, training, or education has been so
26terminated.

 

 

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1(Source: P.A. 98-911, eff. 1-1-15.)
 
2    (225 ILCS 410/1-10)  (from Ch. 111, par. 1701-10)
3    (Section scheduled to be repealed on January 1, 2016)
4    Sec. 1-10. Display. Every holder of a license shall display
5it in a place in the holder's principal office, place of
6business or place of employment. Whenever a licensed
7cosmetologist, esthetician, nail technician, hair braider, or
8barber practices cosmetology, esthetics, nail technology, hair
9braiding, or barbering outside of or away from the
10cosmetologist's, esthetician's, nail technician's, hair
11braider's, or barber's principal office, place of business, or
12place of employment, the cosmetologist, esthetician, nail
13technician, hair braider, or barber shall provide any person so
14requesting proof that he or she has a valid license issued
15deliver to each person served a certificate of identification
16in a form specified by the Department.
17    Every registered shop shall display its certificate of
18registration at the location of the shop. Each shop where
19barber, cosmetology, esthetics, hair braiding, or nail
20technology services are provided shall have a certificate of
21registration.
22(Source: P.A. 96-1246, eff. 1-1-11.)
 
23    (225 ILCS 410/1-11)  (from Ch. 111, par. 1701-11)
24    (Section scheduled to be repealed on January 1, 2016)

 

 

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1    Sec. 1-11. Exceptions to Act.
2    (a) Nothing in this Act shall be construed to apply to the
3educational activities conducted in connection with any
4monthly, annual or other special educational program of any
5bona fide association of licensed cosmetologists,
6estheticians, nail technicians, hair braiders, or barbers, or
7licensed cosmetology, esthetics, nail technology, hair
8braiding, or barber schools from which the general public is
9excluded.
10    (b) Nothing in this Act shall be construed to apply to the
11activities and services of registered nurses or licensed
12practical nurses, as defined in the Nurse Practice Act, or to
13personal care or health care services provided by individuals
14in the performance of their duties as employed or authorized by
15facilities or programs licensed or certified by State agencies.
16As used in this subsection (b), "personal care" means
17assistance with meals, dressing, movement, bathing, or other
18personal needs or maintenance or general supervision and
19oversight of the physical and mental well-being of an
20individual who is incapable of maintaining a private,
21independent residence or who is incapable of managing his or
22her person whether or not a guardian has been appointed for
23that individual. The definition of "personal care" as used in
24this subsection (b) shall not otherwise be construed to negate
25the requirements of this Act or its rules.
26    (c) Nothing in this Act shall be deemed to require

 

 

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1licensure of individuals employed by the motion picture, film,
2television, stage play or related industry for the purpose of
3providing cosmetology or esthetics services to actors of that
4industry while engaged in the practice of cosmetology or
5esthetics as a part of that person's employment.
6    (d) Nothing in this Act shall be deemed to require
7licensure of an inmate of the Department of Corrections who
8performs barbering or cosmetology with the approval of the
9Department of Corrections during the person's incarceration.
10(Source: P.A. 95-639, eff. 10-5-07; 96-1246, eff. 1-1-11.)
 
11    (225 ILCS 410/1-12 new)
12    Sec. 1-12. Licensure by endorsement. The Department may,
13without examination, grant a license under this Act to an
14applicant who is licensed or registered for or authorized to
15practice the same profession under the laws of another state or
16jurisdiction of the United States or of a foreign country upon
17filing of an application on forms provided by the Department,
18paying the required fee, and meeting such requirements as are
19established by rule. The Department may prescribe rules
20governing recognition of education and legal practice in
21another jurisdiction, requiring additional education, and
22determining when an examination may be required.
 
23    (225 ILCS 410/2-2)  (from Ch. 111, par. 1702-2)
24    (Section scheduled to be repealed on January 1, 2016)

 

 

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1    Sec. 2-2. Licensure as a barber; qualifications. A person
2is qualified to receive a license as a barber if that person
3has applied in writing on forms prescribed by the Department,
4has paid the required fees, and:
5        a. Is at least 16 years of age; and
6        b. Has a certificate of graduation from a school
7    providing secondary education, or the recognized
8    equivalent of such a certificate, or persons who are beyond
9    the age of compulsory school attendance; and
10        c. Has graduated from a school of barbering or school
11    of cosmetology approved by the Department, having
12    completed a total of 1500 hours in the study of barbering
13    extending over a period of not less than 9 months nor more
14    than 3 years. A school of barbering may, at its discretion,
15    consistent with the rules of the Department, accept up to
16    1,000 500 hours of cosmetology school training at a
17    recognized cosmetology school toward the 1500 hour course
18    requirement of barbering. Time spent in such study under
19    the laws of another state or territory of the United States
20    or of a foreign country or province shall be credited
21    toward the period of study required by the provisions of
22    this paragraph; and
23        d. Has passed an examination caused to be conducted by
24    the Department or its designated testing service to
25    determine fitness to receive a license as a barber; and
26        e. Has met all other requirements of this Act.

 

 

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1(Source: P.A. 97-777, eff. 7-13-12.)
 
2    (225 ILCS 410/2-3)  (from Ch. 111, par. 1702-3)
3    (Section scheduled to be repealed on January 1, 2016)
4    Sec. 2-3. Licensure as a barber by a cosmetology school
5graduate. A person is qualified to receive a license as a
6barber if that person has applied in writing on forms provided
7by the Department, paid the required fees, and:
8    a. Is at least 16 years of age; and
9    b. Has a certificate of graduation from a school providing
10secondary education, or the recognized equivalent of such a
11certificate, or persons who are beyond the age of compulsory
12school attendance; and
13    c. Has graduated from a cosmetology school approved by the
14Department having completed a minimum of 1500 hours in the
15study of cosmetology; and
16    d. Has graduated from a school of barbering or cosmetology
17approved by the Department having completed a minimum of 500
181000 additional hours in the study of barbering extending over
19a period of no less than 3 6 months nor more than one year 2
20years. Time spent in such study under the laws of another state
21or territory of the United States or of a foreign country or
22province shall be credited toward the period of study required
23by the provisions of this paragraph; and
24    e. Has passed an examination caused to be conducted by the
25Department, or its designated testing service, to determine

 

 

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1fitness to receive a license as a barber; and
2    f. Has met any other requirements set forth in this Act.
3(Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)
 
4    (225 ILCS 410/2-4)  (from Ch. 111, par. 1702-4)
5    (Section scheduled to be repealed on January 1, 2016)
6    Sec. 2-4. Licensure as a barber teacher; qualifications. A
7person is qualified to receive a license as a barber teacher if
8that person files an application on forms provided by the
9Department, pays the required fee, and:
10        a. Is at least 18 years of age;
11        b. Has graduated from high school or its equivalent;
12        c. Has a current license as a barber or cosmetologist;
13        d. Has graduated from a barber school or school of
14    cosmetology approved by the Department having:
15            (1) completed a total of 500 hours in barber
16        teacher training extending over a period of not less
17        than 3 months nor more than 2 years and has had 3 years
18        of practical experience as a licensed barber;
19            (2) completed a total of 1,000 hours of barber
20        teacher training extending over a period of not less
21        than 6 months nor more than 2 years; or
22            (3) completed the cosmetology teacher training as
23        specified in paragraph (4) of subsection (a) of Section
24        3-4 of this Act and completed a supplemental barbering
25        course as established by rule; and

 

 

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1        e. Has passed an examination authorized by the
2    Department to determine fitness to receive a license as a
3    barber teacher or a cosmetology teacher; and
4        f. Has met any other requirements set forth in this
5    Act.
6    An applicant who is issued a license as a barber teacher
7Barber Teacher is not required to maintain a barber license in
8order to practice barbering as defined in this Act.
9(Source: P.A. 97-777, eff. 7-13-12; 98-911, eff. 1-1-15;
10revised 11-25-14.)
 
11    (225 ILCS 410/2-7)  (from Ch. 111, par. 1702-7)
12    (Section scheduled to be repealed on January 1, 2016)
13    Sec. 2-7. Examination of applicants. The Department shall
14hold examinations of applicants for licensure as barbers and
15teachers of barbering at such times and places as it may
16determine. Upon request, the examinations shall be
17administered in Spanish.
18    Each applicant shall be given a written examination testing
19both theoretical and practical knowledge of the following
20subjects insofar as they are related and applicable to the
21practice of barber science and art: (1) anatomy, (2)
22physiology, (3) skin diseases, (4) hygiene and sanitation, (5)
23barber history, (6) this Act and the rules for the
24administration of this Act barber law, (7) hair cutting and
25styling, (8) shaving, shampooing, and permanent waving, (9)

 

 

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1massaging, (10) bleaching, tinting, and coloring, and (11)
2implements.
3    The examination of applicants for licensure as a barber
4teacher shall include: (a) practice of barbering and styling,
5(b) theory of barbering, (c) methods of teaching, and (d)
6school management.
7    If an applicant for licensure as a barber fails to pass 3
8examinations conducted by the Department, the applicant shall,
9before taking a subsequent examination, furnish evidence of not
10less than 250 hours of additional study of barbering in an
11approved school of barbering or cosmetology since the applicant
12last took the examination. If an applicant for licensure as a
13barber teacher fails to pass 3 examinations conducted by the
14Department, the applicant shall, before taking a subsequent
15examination, furnish evidence of not less than 80 hours of
16additional study in teaching methodology and educational
17psychology in an approved school of barbering or cosmetology
18since the applicant last took the examination. An applicant who
19fails to pass the fourth examination shall not again be
20admitted to an examination unless: (i) in the case of an
21applicant for licensure as a barber, the applicant again takes
22and completes a program of 1,500 hours in the study of
23barbering in an approved school of barbering or cosmetology
24extending over a period that commences after the applicant
25fails to pass the fourth examination and that is not less than
268 months nor more than 7 consecutive years in duration; or (ii)

 

 

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1in the case of an applicant for licensure as a barber teacher,
2the applicant again takes and completes a program of 1,000
3hours of teacher training in an approved school of barbering or
4cosmetology, except that if the applicant had 2 years of
5practical experience as a licensed barber within the 5 years
6preceding the initial examination taken by the applicant, the
7applicant must again take and complete a program of 500 hours
8of teacher training in an approved school of barbering or
9cosmetology. The requirements for remedial training set forth
10in this Section may be waived in whole or in part by the
11Department upon proof to the Department that the applicant has
12demonstrated competence to again sit for the examination. The
13Department shall adopt rules establishing standards by which
14this determination shall be made.
15    This Act does not prohibit the practice as a barber or
16barber teacher by one who has applied in writing to the
17Department, in form and substance satisfactory to the
18Department, for a license and has complied with all the
19provisions of this Act in order to qualify for a license except
20the passing of an examination, until: (a) the expiration of 6
21months after the filing of such written application, or (b) the
22decision of the Department that the applicant has failed to
23pass an examination within 6 months or failed without an
24approved excuse to take an examination conducted within 6
25months by the Department, or (c) the withdrawal of the
26application.

 

 

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1(Source: P.A. 94-451, eff. 12-31-05.)
 
2    (225 ILCS 410/2-9)
3    (Section scheduled to be repealed on January 1, 2016)
4    Sec. 2-9. Certification Degree in barbering at a
5cosmetology school. A school of cosmetology may offer a
6certificate degree in barbering, as defined by this Act,
7provided that the school of cosmetology complies with
8subsections (c), (d), and (e) of Section 2-2 of this Act;
9utilizes barber teachers properly licensed under Section 2-4 of
10this Act; and complies with Sections 2A-7 and 3B-10 of this
11Act.
12(Source: P.A. 97-777, eff. 7-13-12; 98-911, eff. 1-1-15.)
 
13    (225 ILCS 410/2-10 new)
14    Sec. 2-10. Licensed cosmetologist seeking license as a
15barber. A licensed cosmetologist who submits to the Department
16an application for licensure as a barber must meet all
17requirements of this Act for licensure as a barber, except that
18such applicant shall be given credit for hours of instruction
19completed for his or her cosmetologist license in subjects that
20are common to both barbering and cosmetology and shall complete
21an additional 500 hours of instruction in subjects not within
22the scope of practice of a cosmetologist. The Department shall
23provide for the implementation of this provision by rule.
 

 

 

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1    (225 ILCS 410/2-11 new)
2    Sec. 2-11. Inactive status. Any barber or barber teacher
3who notifies the Department in writing on forms prescribed by
4the Department may elect to place his or her license on
5inactive status and shall, subject to rules of the Department,
6be excused from payment of renewal fees until he or she
7notifies the Department in writing of his or her desire to
8resume active status. Any barber or barber teacher requesting
9restoration from inactive status shall be required to pay the
10current renewal fee and to qualify for the restoration of his
11or her license, subject to rules of the Department. Any barber
12or barber teacher whose license is in inactive status shall not
13practice in the State of Illinois.
 
14    (225 ILCS 410/3-2)  (from Ch. 111, par. 1703-2)
15    (Section scheduled to be repealed on January 1, 2016)
16    Sec. 3-2. Licensure; qualifications.
17    (1) A person is qualified to receive a license as a
18cosmetologist who has filed an application on forms provided by
19the Department, pays the required fees, and:
20        a. Is at least l6 years of age; and
21        b. Is beyond the age of compulsory school attendance or
22    has received a certificate of graduation from a school
23    providing secondary education, or the recognized
24    equivalent of that certificate; and
25        c. Has graduated from a school of cosmetology approved

 

 

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1    by the Department, having completed a program of 1,500 l500
2    hours in the study of cosmetology extending over a period
3    of not less than 8 months nor more than 7 consecutive
4    years. A school of cosmetology may, at its discretion,
5    consistent with the rules of the Department, accept up to
6    1,000 500 hours of barber school training at a recognized
7    barber school toward the 1,500 l500 hour program
8    requirement of cosmetology. Time spent in such study under
9    the laws of another state or territory of the United States
10    or of a foreign country or province shall be credited
11    toward the period of study required by the provisions of
12    this paragraph; and
13        d. Has passed an examination authorized by the
14    Department to determine eligibility to receive a license as
15    a cosmetologist; and
16        e. Has met any other requirements of this Act.
17    (2) (Blank).
18(Source: P.A. 93-253, eff. 7-22-03; 94-451, eff. 12-31-05.)
 
19    (225 ILCS 410/3-3)  (from Ch. 111, par. 1703-3)
20    (Section scheduled to be repealed on January 1, 2016)
21    Sec. 3-3. Licensure as a cosmetologist by a barber school
22graduate. A person is qualified to receive a license as a
23cosmetologist if that person has filed an application on forms
24provided by the Department, has paid the required fees, and:
25    a. Is at least 16 years of age; and

 

 

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1    b. Has a certificate of graduation from a school providing
2secondary education, or the recognized equivalent of such a
3certificate, or is beyond the age of compulsory school
4attendance; and
5    c. Has graduated from a school of barbering approved by the
6Department having completed 1500 hours in the study of
7barbering, and a minimum of 500 1000 additional hours in the
8study of cosmetology extending over a period of no less than 3
96 months nor more than one year 2 years. Time spent in such
10study under the laws of another state or territory of the
11United States or of a foreign country or province shall be
12credited toward the period of study required by the provisions
13of this paragraph; and
14    d. Has passed an examination authorized by the Department
15to determine fitness to receive a license as a cosmetologist;
16and
17    e. Has met any other requirements of this Act.
18(Source: P.A. 89-387, eff. 1-1-96.)
 
19    (225 ILCS 410/3-4)  (from Ch. 111, par. 1703-4)
20    (Section scheduled to be repealed on January 1, 2016)
21    Sec. 3-4. Licensure as cosmetology teacher or cosmetology
22clinic teacher; qualifications.
23    (a) A person is qualified to receive license as a
24cosmetology teacher if that person has applied in writing on
25forms provided by the Department, has paid the required fees,

 

 

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1and:
2        (1) is at least 18 years of age;
3        (2) has graduated from high school or its equivalent;
4        (3) has a current license as a cosmetologist;
5        (4) has either: (i) completed a program of 500 hours of
6    teacher training in a licensed school of cosmetology and
7    had 2 years of practical experience as a licensed
8    cosmetologist within 5 years preceding the examination; or
9    (ii) completed a program of 1,000 hours of teacher training
10    in a licensed school of cosmetology; or (iii) completed the
11    barber teacher training as specified in subsection (d) of
12    Section 2-4 of this Act and completed a supplemental
13    cosmetology course as established by rule;
14        (5) has passed an examination authorized by the
15    Department to determine eligibility to receive a license as
16    a cosmetology teacher or barber teacher; and
17        (6) has met any other requirements of this Act.
18    An individual who receives a license as a cosmetology
19teacher shall not be required to maintain an active cosmetology
20license in order to practice cosmetology as defined in this
21Act.
22    (b) A person is qualified to receive a license as a
23cosmetology clinic teacher if he or she has applied in writing
24on forms provided by the Department, has paid the required
25fees, and:
26        (1) is at least 18 years of age;

 

 

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1        (2) has graduated from high school or its equivalent;
2        (3) has a current license as a cosmetologist;
3        (4) has (i) completed a program of 250 hours of clinic
4    teacher training in a licensed school of cosmetology or
5    (ii) within 5 years preceding the examination, has obtained
6    a minimum of 2 years of practical experience working at
7    least 30 full-time hours per week as a licensed
8    cosmetologist and has completed an instructor's institute
9    of 20 hours, as prescribed by the Department, prior to
10    submitting an application for examination;
11        (5) has passed an examination authorized by the
12    Department to determine eligibility to receive a license as
13    a cosmetology teacher; and
14        (6) has met any other requirements of this Act.
15    The Department shall not issue any new cosmetology clinic
16teacher licenses after January 1, 2009. Any person issued a
17license as a cosmetology clinic teacher before January 1, 2009,
18may renew the license after that date under this Act and that
19person may continue to renew the license or have the license
20restored during his or her lifetime, subject only to the
21renewal or restoration requirements for the license under this
22Act; however, such licensee and license shall remain subject to
23the provisions of this Act, including, but not limited to,
24provisions concerning renewal, restoration, fees, continuing
25education, discipline, administration, and enforcement.
26(Source: P.A. 94-451, eff. 12-31-05.)
 

 

 

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1    (225 ILCS 410/3-6)  (from Ch. 111, par. 1703-6)
2    (Section scheduled to be repealed on January 1, 2016)
3    Sec. 3-6. Examination. The Department shall authorize
4examinations of applicants for licensure as cosmetologists and
5teachers of cosmetology at the times and places it may
6determine. The Department may provide by rule for the
7administration of the examination prior to the completion of
8the applicant's program of training as required in Section 3-2,
93-3, or 3-4. If an applicant for licensure as a cosmetologist
10fails to pass 3 examinations conducted by the Department, the
11applicant shall, before taking a subsequent examination,
12furnish evidence of not less than 250 hours of additional study
13of cosmetology in an approved school of cosmetology since the
14applicant last took the examination. If an applicant for
15licensure as a cosmetology teacher fails to pass 3 examinations
16conducted by the Department, the applicant shall, before taking
17a subsequent examination, furnish evidence of not less than 80
18hours of additional study in teaching methodology and
19educational psychology in an approved school of cosmetology
20since the applicant last took the examination. An applicant who
21fails to pass the fourth examination shall not again be
22admitted to an examination unless: (i) in the case of an
23applicant for licensure as a cosmetologist, the applicant again
24takes and completes a program of 1500 hours in the study of
25cosmetology in an approved school of cosmetology extending over

 

 

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1a period that commences after the applicant fails to pass the
2fourth examination and that is not less than 8 months nor more
3than 7 consecutive years in duration; (ii) in the case of an
4applicant for licensure as a cosmetology teacher, the applicant
5again takes and completes a program of 1000 hours of teacher
6training in an approved school of cosmetology, except that if
7the applicant had 2 years of practical experience as a licensed
8cosmetologist within the 5 years preceding the initial
9examination taken by the applicant, the applicant must again
10take and complete a program of 500 hours of teacher training in
11an approved school of cosmetology, esthetics, or nail
12technology; or (iii) in the case of an applicant for licensure
13as a cosmetology clinic teacher, the applicant again takes and
14completes a program of 250 hours of clinic teacher training in
15a licensed school of cosmetology or an instructor's institute
16of 20 hours. The requirements for remedial training set forth
17in this Section may be waived in whole or in part by the
18Department upon proof to the Department that the applicant has
19demonstrated competence to again sit for the examination. The
20Department shall adopt rules establishing the standards by
21which this determination shall be made. Each cosmetology
22applicant shall be given a written examination testing both
23theoretical and practical knowledge, which shall include, but
24not be limited to, questions that determine the applicant's
25knowledge of product chemistry, sanitary rules, sanitary
26procedures, chemical service procedures, hazardous chemicals

 

 

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1and exposure minimization, knowledge of the anatomy of the
2skin, scalp, hair, and nails as they relate to applicable
3services under this Act and labor and compensation laws.
4    The examination of applicants for licensure as a
5cosmetology, esthetics, or nail technology teacher may include
6all of the elements of the exam for licensure as a
7cosmetologist, esthetician, or nail technician and also
8include teaching methodology, classroom management, record
9keeping, and any other related subjects that the Department in
10its discretion may deem necessary to insure competent
11performance.
12    This Act does not prohibit the practice of cosmetology by
13one who has applied in writing to the Department, in form and
14substance satisfactory to the Department, for a license as a
15cosmetologist, or the teaching of cosmetology by one who has
16applied in writing to the Department, in form and substance
17satisfactory to the Department, for a license as a cosmetology
18teacher or cosmetology clinic teacher, if the person has
19complied with all the provisions of this Act in order to
20qualify for a license, except the passing of an examination to
21be eligible to receive a license, until: (a) the expiration of
226 months after the filing of the written application, (b) the
23decision of the Department that the applicant has failed to
24pass an examination within 6 months or failed without an
25approved excuse to take an examination conducted within 6
26months by the Department, or (c) the withdrawal of the

 

 

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1application.
2(Source: P.A. 94-451, eff. 12-31-05.)
 
3    (225 ILCS 410/3-7)  (from Ch. 111, par. 1703-7)
4    (Section scheduled to be repealed on January 1, 2016)
5    Sec. 3-7. Licensure; renewal; continuing education;
6military service. The holder of a license issued under this
7Article III may renew that license during the month preceding
8the expiration date thereof by paying the required fee, giving
9such evidence as the Department may prescribe of completing not
10less than 14 hours of continuing education for a cosmetologist,
11and 24 hours of continuing education for a cosmetology teacher
12or cosmetology clinic teacher, within the 2 years prior to
13renewal. The training shall be in subjects approved by the
14Department as prescribed by rule upon recommendation of the
15Board and may include online instruction.
16    A license that has been expired for more than 5 years may
17be restored by payment of the restoration fee and submitting
18evidence satisfactory to the Department of the current
19qualifications and fitness of the licensee, which shall include
20completion of continuing education hours for the period
21subsequent to expiration.
22    The Department shall establish by rule a means for the
23verification of completion of the continuing education
24required by this Section. This verification may be accomplished
25through audits of records maintained by registrants, by

 

 

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1requiring the filing of continuing education certificates with
2the Department, or by other means established by the
3Department.
4    A license issued under the provisions of this Act that has
5expired while the holder of the license was engaged (1) in
6federal service on active duty with the Army of the United
7States, the United States Navy, the Marine Corps, the Air
8Force, the Coast Guard, or any Women's Auxiliary thereof, or
9the State Militia called into the service or training of the
10United States of America, or (2) in training or education under
11the supervision of the United States preliminary to induction
12into the military service, may be reinstated or restored
13without the payment of any lapsed renewal fees, reinstatement
14fee, or restoration fee if within 2 years after the termination
15of such service, training, or education other than by
16dishonorable discharge, the holder furnishes the Department
17with an affidavit to the effect that he or she has been so
18engaged and that his or her service, training, or education has
19been so terminated.
20    The Department, in its discretion, may waive enforcement of
21the continuing education requirement in this Section and shall
22adopt rules defining the standards and criteria for that waiver
23under the following circumstances:
24        (a) the licensee resides in a locality where it is
25    demonstrated that the absence of opportunities for such
26    education would interfere with the ability of the licensee

 

 

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1    to provide service to the public;
2        (b) that to comply with the continuing education
3    requirements would cause a substantial financial hardship
4    on the licensee;
5        (c) that the licensee is serving in the United States
6    Armed Forces; or
7        (d) that the licensee is incapacitated due to illness.
8    The continuing education requirements of this Section do
9not apply to a licensee who (i) is at least 62 years of age or
10(ii) has been licensed as a cosmetologist, cosmetology teacher,
11or cosmetology clinic teacher for at least 25 years.
12(Source: P.A. 98-911, eff. 1-1-15.)
 
13    (225 ILCS 410/3-9 new)
14    Sec. 3-9. Licensed barber seeking license as
15cosmetologist. A licensed barber who submits to the Department
16an application for licensure as a cosmetologist must meet all
17requirements of this Act for licensure as a cosmetologist,
18except that such applicant shall be given credit for hours of
19instruction completed for his or her barber license in subjects
20that are common to both barbering and cosmetology and shall
21complete an additional 500 hours of instruction in subjects not
22within the scope of practice of a barber. The Department shall
23provide for the implementation of this provision by rule.
 
24    (225 ILCS 410/3-10 new)

 

 

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1    Sec. 3-10. Licensed esthetician or licensed nail
2technician seeking license as a cosmetologist. A licensed
3esthetician or licensed nail technician who submits to the
4Department an application for licensure as a cosmetologist must
5meet all requirements of this Act for licensure as a
6cosmetologist except that such applicant shall be given credit
7for hours of instruction completed for his or her esthetician
8or nail technician license in subjects that are common to both
9esthetics or nail technology and cosmetology. The Department
10shall provide for the implementation of this provision by rule.
 
11    (225 ILCS 410/3A-6)  (from Ch. 111, par. 1703A-6)
12    (Section scheduled to be repealed on January 1, 2016)
13    Sec. 3A-6. Licensure; renewal; continuing education;
14examination; military service. The holder of a license issued
15under this Article may renew such license during the month
16preceding the expiration date thereof by paying the required
17fee, giving evidence the Department may prescribe of completing
18not less than 10 hours for estheticians, and not less than 20
19hours of continuing education for esthetics teachers, within
20the 2 years prior to renewal. The training shall be in
21subjects, approved by the Department as prescribed by rule upon
22recommendation of the Board.
23    A license that has expired or been placed on inactive
24status may be restored only by payment of the restoration fee
25and submitting evidence satisfactory to the Department of the

 

 

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1current qualifications and fitness of the licensee including
2the completion of continuing education hours for the period
3following expiration.
4    A license issued under the provisions of this Act that has
5expired while the holder of the license was engaged (1) in
6federal service on active duty with the Army of the United
7States, the United States Navy, the Marine Corps, the Air
8Force, the Coast Guard, or any Women's Auxiliary thereof, or
9the State Militia called into the service or training of the
10United States of America, or (2) in training or education under
11the supervision of the United States preliminary to induction
12into the military service, may be reinstated or restored
13without the payment of any lapsed renewal fees, reinstatement
14fee, or restoration fee if within 2 years after the termination
15of such service, training, or education other than by
16dishonorable discharge, the holder furnishes the Department
17with an affidavit to the effect that he or she has been so
18engaged and that his or her service, training, or education has
19been so terminated.
20    The Department, in its discretion, may waive enforcement of
21the continuing education requirement in this Section, and shall
22adopt rules defining the standards and criteria for such
23waiver, under the following circumstances:
24        (1) the licensee resides in a locality where it is
25    demonstrated that the absence of opportunities for such
26    education would interfere with the ability of the licensee

 

 

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1    to provide service to the public;
2        (2) the licensee's compliance with the continuing
3    education requirements would cause a substantial financial
4    hardship on the licensee;
5        (3) the licensee is serving in the United States Armed
6    Forces; or
7        (4) the licensee is incapacitated due to illness.
8(Source: P.A. 98-911, eff. 1-1-15.)
 
9    (225 ILCS 410/3A-8 new)
10    Sec. 3A-8. Inactive status. Any esthetician or esthetician
11teacher who notifies the Department in writing on forms
12prescribed by the Department may elect to place his or her
13license on inactive status and shall, subject to rules of the
14Department, be excused from payment of renewal fees until he or
15she notifies the Department in writing of his or her desire to
16resume active status.
17    Any esthetician or esthetician teacher requesting
18restoration from inactive status shall be required to pay the
19current renewal fee and to qualify for the restoration of his
20or her license, subject to rules of the Department. A license
21shall not be restored from inactive status unless the
22esthetician or esthetician teacher requesting the restoration
23completes the number of hours of continuing education required
24for renewal of a license under Section 3A-6.
25    Any esthetician or esthetician teacher whose license is in

 

 

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1inactive status shall not practice in the State of Illinois.
 
2    (225 ILCS 410/3B-2)  (from Ch. 111, par. 1703B-2)
3    (Section scheduled to be repealed on January 1, 2016)
4    Sec. 3B-2. Investigations by Department upon its own motion
5or upon verified complaint; opportunity for corrections. The
6Department may upon its own motion and shall upon the verified
7complaint in writing of any person setting forth facts which if
8proved would constitute grounds for refusal or revocation under
9this Act, investigate the actions of any applicant or any
10person or persons holding or claiming to hold a license.
11    Any student or employee of a school approved by this Act
12who believes he has been aggrieved by a violation of this Act
13shall have the right to file a written complaint within one
14year of the alleged violation. The Department shall acknowledge
15receipt of such written complaint, commence an investigation of
16the alleged violation, and forward to the Attorney General and
17any appropriate State's Attorney's office copies of complaints
18as required by Section 3B-3. The Department shall inform
19forward a copy of the formal complaint and order to the person
20who filed the complaint and to the chief operating officer of
21the school cited in the complaint of the nature or substance of
22the complaint and afford the school an opportunity to either
23resolve the complaint to the satisfaction of the complainant or
24submit a written response to the Department.
25    However, before proceeding to a hearing on the question of

 

 

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1whether a license shall be refused or revoked, the Department
2may issue a letter granting the school in question 30 days to
3correct the deficiency or deficiencies. The letter shall
4enumerate the deficiencies and state the action on the part of
5the school that will remediate the deficiency or deficiencies.
6During the time designated to remedy deficiencies the
7Department may order the school to cease and desist from all
8marketing and student enrollment activities.
9(Source: P.A. 89-387, eff. 1-1-96; 89-626, eff. 8-9-96.)
 
10    (225 ILCS 410/3B-10)
11    (Section scheduled to be repealed on January 1, 2016)
12    Sec. 3B-10. Requisites for ownership or operation of
13school. No person, firm, or corporation may own, operate, or
14conduct a school of barbering, cosmetology, esthetics, hair
15braiding, or nail technology for the purpose of teaching
16barbering, cosmetology, esthetics, hair braiding, or nail
17technology for compensation unless licensed by the Department.
18A licensed school is a postsecondary educational institution
19authorized by the Department to provide a postsecondary
20education program in compliance with the requirements of this
21Act. An applicant shall apply to the Department on forms
22provided by the Department, pay the required fees, and comply
23with the following requirements:
24        1. The applicant must submit to the Department for
25    approval:

 

 

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1            a. A floor plan, drawn to a scale specified on the
2        floor plan, showing every detail of the proposed
3        school; and
4            b. A lease commitment or proof of ownership for the
5        location of the proposed school; a lease commitment
6        must provide for execution of the lease upon the
7        Department's approval of the school's application and
8        the lease must be for a period of at least one year.
9            c. (Blank).
10        2. An application to own or operate a school shall
11    include the following:
12            a. If the owner is a corporation, a copy of the
13        Articles of Incorporation or, if the owner is a limited
14        liability company, a copy of the articles of
15        organization;
16            b. If the owner is a partnership, a listing of all
17        partners and their current addresses;
18            c. If the applicant is an owner, a completed
19        financial statement showing the owner's ability to
20        operate the school for at least 3 months;
21            d. A copy of the official enrollment agreement or
22        student contract to be used by the school, which shall
23        be consistent with the requirements of this Act and
24        rules;
25            e. A listing of all teachers who will be in the
26        school's employ, including their teacher license

 

 

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1        numbers;
2            f. A copy of the curricula that will be followed;
3            g. The names, addresses, and current status of all
4        schools in which the applicant has previously owned any
5        interest, and a declaration as to whether any of these
6        schools were ever denied accreditation or licensing or
7        lost accreditation or licensing from any governmental
8        body or accrediting agency;
9            h. Each application for a certificate of approval
10        shall be signed and certified under oath by the
11        school's chief managing employee and also by its
12        individual owner or owners; if the applicant is a
13        partnership or a corporation, then the application
14        shall be signed and certified under oath by the
15        school's chief managing employee and also by each
16        member of the partnership or each officer of the
17        corporation, as the case may be;
18            i. A copy of the school's official transcript; and
19            j. The required fee.
20        3. Each application for a license to operate a school
21    shall also contain the following commitments:
22            a. To conduct the school in accordance with this
23        Act and the standards, and rules from time to time
24        adopted under this Act and to meet standards and
25        requirements at least as stringent as those required by
26        Part H of the Federal Higher Education Act of 1965.

 

 

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1            b. To permit the Department to inspect the school
2        or classes thereof from time to time with or without
3        notice; and to make available to the Department, at any
4        time when required to do so, information including
5        financial information pertaining to the activities of
6        the school required for the administration of this Act
7        and the standards and rules adopted under this Act;
8            c. To utilize only advertising and solicitation
9        which is free from misrepresentation, deception,
10        fraud, or other misleading or unfair trade practices;
11            d. To screen applicants to the school prior to
12        enrollment pursuant to the requirements of the
13        school's regional or national accrediting agency, if
14        any, and to maintain any and all records of such
15        screening. If the course of instruction is offered in a
16        language other than English, the screening shall also
17        be performed in that language;
18            e. To post in a conspicuous place a statement,
19        developed by the Department, of student's rights
20        provided under this Act.
21        4. The applicant shall establish to the satisfaction of
22    the Department that the owner possesses sufficient liquid
23    assets to meet the prospective expenses of the school for a
24    period of 3 months. In the discretion of the Department,
25    additional proof of financial ability may be required.
26        5. The applicant shall comply with all rules of the

 

 

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1    Department determining the necessary curriculum and
2    equipment required for the conduct of the school.
3        6. The applicant must demonstrate employment of a
4    sufficient number of qualified teachers who are holders of
5    a current license issued by the Department.
6        7. A final inspection of the barber, cosmetology,
7    esthetics, hair braiding, or nail technology school shall
8    be made by the Department before the school may commence
9    classes.
10        8. A written inspection report must be made by the
11    State Fire Marshal or a local fire authority approving the
12    use of the proposed premises as a barber, cosmetology,
13    esthetics, hair braiding, or nail technology school.
14(Source: P.A. 98-238, eff. 1-1-14; 98-911, eff. 1-1-15.)
 
15    (225 ILCS 410/3B-11)
16    (Section scheduled to be repealed on January 1, 2016)
17    Sec. 3B-11. Periodic review of barber, cosmetology,
18esthetics, hair braiding, and nail technology schools. The
19Department shall review at least biennially all All approved
20schools and courses of instruction are subject to review by the
21Department. The biennial review shall include consideration of
22a comparison between the graduation or completion rate for the
23school and the graduation or completion rate for the schools
24within that classification of schools. Consideration shall be
25given to complaints and information forwarded to the Department

 

 

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1by the Federal Trade Commission, Better Business Bureaus, the
2Illinois Attorney General's Office, a State's Attorney's
3Office, other State or official approval agencies, local school
4officials, and interested persons. The Department shall
5investigate all complaints filed with the Department about a
6school or its sales representatives.
7    A school shall retain the records, as defined by rule, of a
8student who withdraws from or drops out of the school, by
9written notice of cancellation or otherwise, for any period
10longer than 7 years from the student's first day of attendance.
11However, a school shall retain indefinitely the transcript of
12each student who completes the program and graduates from the
13school.
14(Source: P.A. 98-911, eff. 1-1-15.)
 
15    (225 ILCS 410/3B-12)
16    (Section scheduled to be repealed on January 1, 2016)
17    Sec. 3B-12. Enrollment agreements.
18    (a) Enrollment agreements shall be used by barber,
19cosmetology, esthetics, hair braiding, and nail technology
20schools licensed to operate by the Department and shall include
21the following written disclosures:
22        (1) The name and address of the school and the
23    addresses where instruction will be given;
24        (2) The name and description of the course of
25    instruction, including the number of clock hours in each

 

 

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1    course and an approximate number of weeks or months
2    required for completion;
3        (3) The scheduled starting date and calculated
4    completion date;
5        (4) The total cost of the course of instruction
6    including any charges made by the school for tuition,
7    books, materials, supplies, and other expenses;
8        (5) A clear and conspicuous statement that the contract
9    is a legally binding instrument when signed by the student
10    and accepted by the school;
11        (6) A clear and conspicuous caption, "BUYER'S RIGHT TO
12    CANCEL" under which it is explained that the student has
13    the right to cancel the initial enrollment agreement until
14    midnight of the fifth business day after the student has
15    been enrolled; and if notice of the right to cancel is not
16    given to any prospective student at the time the enrollment
17    agreement is signed, then the student has the right to
18    cancel the agreement at any time and receive a refund of
19    all monies paid to date within 10 days of cancellation;
20        (7) A notice to the students that the cancellation must
21    be in writing and given to the registered agent, if any, or
22    managing employee of the school;
23        (8) The school's refund policy for unearned tuition,
24    fees, and other charges;
25        (9) The date of the student's signature and the date of
26    the student's admission;

 

 

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1        (10) The name of the school employee or agent
2    responsible for procuring, soliciting, or enrolling the
3    student;
4        (11) A clear statement that the institution does not
5    guarantee employment and a statement describing the
6    school's placement assistance procedures;
7        (12) The graduation requirements of the school;
8        (13) The contents of the following notice, in at least
9    10 point bold type:
10
"NOTICE TO THE STUDENT"
11    "Do not sign this contract before you read it or if it
12    contains any blank space. You are entitled to an exact copy
13    of the contract you sign."
14        (14) A statement either in the enrollment agreement or
15    separately provided and acknowledged by the student
16    indicating the number of students who did not complete the
17    course of instruction for which they enrolled for the past
18    calendar year as compared to the number of students who
19    enrolled in school during the school's past calendar year;
20        (15) The following clear and conspicuous caption:
21    "COMPLAINTS AGAINST THIS SCHOOL MAY BE REGISTERED WITH THE
22    DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION", set
23    forth with the address and telephone number of the
24    Department's Complaint Intake Unit Chicago and Springfield
25    offices.
26    (b) If the enrollment is negotiated orally in a language

 

 

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1other than English, then copies of the above disclosures shall
2be tendered in the language in which the contract was
3negotiated prior to executing the enrollment agreement.
4    (c) The school shall comply with all applicable
5requirements of the Retail Installment Sales Act in its
6enrollment agreement or student contracts.
7    (d) No enrollment agreement or student contract shall
8contain a wage assignment provision or a confession of judgment
9clause.
10    (e) Any provision in an enrollment agreement or student
11contract that purports to waive the student's right to assert
12against the school, or any assignee, any claim or defense he or
13she may have against the school arising under the contract
14shall be void.
15    (f) Two copies of the enrollment agreement shall be signed
16by the student. One copy shall be given to the student and the
17school shall retain the other copy as part of the student's
18permanent record.
19(Source: P.A. 98-911, eff. 1-1-15.)
 
20    (225 ILCS 410/3B-13)
21    (Section scheduled to be repealed on January 1, 2016)
22    Sec. 3B-13. Rules; refunds. Schools regulated under this
23Section shall issue refunds based on the following schedule.
24The refund policy shall provide that:
25        (1) Schools shall, when a student gives written notice

 

 

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1    of cancellation, provide a refund in the amount of at least
2    the following:
3            (a) When notice of cancellation is given within 5
4        days after the date of enrollment, all application and
5        registration fees, tuition, and any other charges
6        shall be refunded to the student.
7            (b) When notice of cancellation is given after the
8        fifth day following enrollment but before the
9        completion of the student's first day of class
10        attendance, the school may retain no more than the
11        application and registration fee, plus the cost of any
12        books or materials which have been provided by the
13        school and retained by the student.
14            (c) When notice of cancellation is given after the
15        student's completion of the first day of class
16        attendance but prior to the student's completion of 5%
17        of the course of instruction, the school may retain the
18        application and registration fee and an amount not to
19        exceed 10% of the tuition and other instructional
20        charges or $300, whichever is less, plus the cost of
21        any books or materials which have been provided by the
22        school.
23            (d) When a student has completed 5% or more of the
24        course of instruction, the school may retain the
25        application and registration fee and the cost of any
26        books or materials which have been provided by the

 

 

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1        school but shall refund a part of the tuition and other
2        instructional charges in accordance with the
3        requirements of the school's regional or national
4        accrediting agency, if any, or rules that the
5        Department shall promulgate for purposes of this
6        Section.
7        (2) Applicants not accepted by the school shall receive
8    a refund of all tuition and fees paid.
9        (3) Application and registration fees shall be
10    chargeable at initial enrollment and shall not exceed $100.
11    All fees must be disclosed in the student contract.
12        (4) Deposits or down payments shall become part of the
13    tuition.
14        (5) The school shall mail a written acknowledgement of
15    a student's cancellation or written withdrawal to the
16    student within 15 calendar days of the date of
17    notification. Written acknowledgement is not necessary if
18    a refund has been mailed to the student within the 15
19    calendar days.
20        (6) If the school cancels or discontinues a course, the
21    student shall be entitled to receive from the school such
22    refund or partial refund of the tuition, fees, and other
23    charges paid by the student or on behalf of the student as
24    is provided under rules promulgated by the Department.
25        (7) Except as otherwise provided by this Act, all
26    student refunds shall be made by the school within 45

 

 

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1    calendar days after the date of notice of the student's
2    cancellation or the date that the school determines that
3    the student has officially or unofficially withdrawn.
4        (8) A student shall give notice of cancellation to the
5    school in writing. The unexplained absence of a student
6    from a school for more than 30 consecutive calendar days
7    shall constitute constructive notice of cancellation to
8    the school. For purposes of cancellation, the cancellation
9    date shall be the last day of attendance.
10        (9) A school may make refunds which exceed those
11    required by this Section.
12        (10) Each student and former student shall be entitled
13    to receive from the school that the student attends or
14    attended an official transcript of all hours completed by
15    the student at that school for which the applicable
16    tuition, fees, and other charges have been paid, together
17    with the grades earned by the student for those hours,
18    provided that a student who withdraws from or drops out of
19    a school, by written notice of cancellation or otherwise,
20    shall not be entitled to any transcript of completed hours
21    following the expiration of the 7-year period that began on
22    the student's first day of attendance at the school. A
23    reasonable fee, not exceeding $2, may be charged by the
24    school for each transcript after the first free transcript
25    that the school is required to provide to a student or
26    former student under this Section.

 

 

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1(Source: P.A. 95-343, eff. 1-1-08; 96-506, eff. 8-14-09.)
 
2    (225 ILCS 410/3B-17 new)
3    Sec. 3B-17. Sale of school. Any school licensed under this
4Act that is subsequently sold to another party shall notify the
5Department in writing of the sale at least 30 days in advance
6of the effective date of the transfer of ownership. Upon filing
7of this notice with the Department, the new owner may continue
8to operate the school under the previously issued license
9provided that the new owner submits an application for
10licensure to the Department in accordance with the requirements
11of this Act within 30 days after the effective date of the
12transfer of ownership. The new owner may continue to operate
13the school under the previous license after submitting such
14application until the Department issues a new license or denies
15issuance of a license, whichever occurs first. The Department
16shall provide for administration of this Section by rule.
 
17    (225 ILCS 410/3B-18 new)
18    Sec. 3B-18. Internship. A school may offer an internship
19program as part of its curriculum subject to the rules of the
20Department.
 
21    (225 ILCS 410/3C-8)  (from Ch. 111, par. 1703C-8)
22    (Section scheduled to be repealed on January 1, 2016)
23    Sec. 3C-8. License renewal; expiration; continuing

 

 

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1education; persons in military service. The holder of a license
2issued under this Article may renew that license during the
3month preceding the expiration date of the license by paying
4the required fee and giving evidence, as the Department may
5prescribe, of completing not less than 10 hours of continuing
6education for a nail technician and 20 hours of continuing
7education for a nail technology teacher, within the 2 years
8prior to renewal. The continuing education shall be in subjects
9approved by the Department upon recommendation of the Barber,
10Cosmetology, Esthetics, Hair Braiding, and Nail Technology
11Board relating to the practice of nail technology, including,
12but not limited to, review of sanitary procedures, review of
13chemical service procedures, review of this Act, and review of
14the Workers' Compensation Act. However, at least 10 of the
15hours of continuing education required for a nail technology
16teacher shall be in subjects relating to teaching methodology,
17educational psychology, and classroom management or in other
18subjects related to teaching.
19    A license that has been expired or placed on inactive
20status may be restored only by payment of the restoration fee
21and submitting evidence satisfactory to the Department of the
22meeting of current qualifications and fitness of the licensee,
23including the completion of continuing education hours for the
24period subsequent to expiration.
25    A license issued under this Article that has expired while
26the holder of the license was engaged (1) in federal service on

 

 

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1active duty with the Army of the United States, the United
2States Navy, the Marine Corps, the Air Force, the Coast Guard,
3or any Women's Auxiliary thereof, or the State Militia called
4into the service or training of the United States of America,
5or (2) in training or education under the supervision of the
6United States preliminary to induction into the military
7service, may be reinstated or restored without the payment of
8any lapsed renewal fees, reinstatement fee or restoration fee
9if, within 2 years after the termination of the service,
10training, or education other than by dishonorable discharge,
11the holder furnishes the Department with an affidavit to the
12effect that the certificate holder has been so engaged and that
13the service, training, or education has been so terminated.
14    The Department, in its discretion, may waive enforcement of
15the continuing education requirement in this Section, and shall
16adopt rules defining the standards and criteria for such
17waiver, under the following circumstances:
18    (a) the licensee resides in a locality where it is
19demonstrated that the absence of opportunities for such
20education would interfere with the ability of the licensee to
21provide service to the public;
22    (b) the licensee's compliance with the continuing
23education requirements would cause a substantial financial
24hardship on the licensee;
25    (c) the licensee is serving in the United States Armed
26Forces; or

 

 

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1    (d) the licensee is incapacitated due to illness.
2(Source: P.A. 98-911, eff. 1-1-15.)
 
3    (225 ILCS 410/3C-10 new)
4    Sec. 3C-10. Inactive status. Any nail technician or nail
5technology teacher who notifies the Department in writing on
6forms prescribed by the Department may elect to place his or
7her license on inactive status and shall, subject to rules of
8the Department, be excused from payment of renewal fees until
9he or she notifies the Department in writing of his or her
10desire to resume active status.
11    Any nail technician or nail technology teacher requesting
12restoration from inactive status shall be required to pay the
13current renewal fee and to qualify for the restoration of his
14or her license, subject to rules of the Department. A license
15shall not be restored from inactive status unless the nail
16technician or nail technology teacher requesting the
17restoration completes the number of hours of continuing
18education required for renewal of a license under Section 3C-8.
19    Any nail technician or nail technology teacher whose
20license is in inactive status shall not practice in the State
21of Illinois.
 
22    (225 ILCS 410/3D-5)
23    (Section scheduled to be repealed on January 1, 2016)
24    Sec. 3D-5. Requisites for ownership or operation of

 

 

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1cosmetology, esthetics, hair braiding, and nail technology
2salons and barber shops.
3    (a) No person, firm, partnership, limited liability
4company, or corporation shall own or operate a cosmetology,
5esthetics, hair braiding, or nail technology salon or barber
6shop or employ, rent space to, or independently contract with
7any licensee under this Act without applying on forms provided
8by the Department for a certificate of registration.
9    (b) The application for a certificate of registration under
10this Section shall set forth the name, address, and telephone
11number of the proposed cosmetology, esthetics, hair braiding,
12or nail technology salon or barber shop; the name, address, and
13telephone number of the person, firm, partnership, or
14corporation that is to own or operate the salon or shop; and,
15if the salon or shop is to be owned or operated by an entity
16other than an individual, the name, address, and telephone
17number of the managing partner or the chief executive officer
18of the corporation or other entity that owns or operates the
19salon or shop.
20    (c) The Department shall be notified by the owner or
21operator of a salon or shop that is moved to a new location. If
22there is a change in the ownership or operation of a salon or
23shop, the new owner or operator shall report that change to the
24Department along with completion of any additional
25requirements set forth by rule.
26    (d) If a person, firm, partnership, limited liability

 

 

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1company, or corporation owns or operates more than one shop or
2salon, a separate certificate of registration must be obtained
3for each salon or shop.
4    (e) A certificate of registration granted under this
5Section may be revoked in accordance with the provisions of
6Article IV and the holder of the certificate may be otherwise
7disciplined by the Department in accordance with rules adopted
8under this Act.
9    (f) The Department may promulgate rules to establish
10additional requirements for owning or operating a salon or
11shop.
12    (g) The requirement of a certificate of registration as set
13forth in this Section shall also apply to any person, firm,
14partnership, limited liability company, or corporation
15providing barbering, cosmetology, esthetics, hair braiding, or
16nail technology services at any location not owned or rented by
17such person, firm, partnership, limited liability company, or
18corporation for these purposes or from a mobile shop or salon.
19Notwithstanding any provision of this Section, applicants for a
20certificate of registration under this subsection (g) shall
21report in its application the address and telephone number of
22its office and shall not be required to report the location
23where services are or will be rendered. Nothing in this
24subsection (g) shall apply to a sole proprietor who has no
25employees or contractors and is not operating a mobile shop or
26salon.

 

 

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1(Source: P.A. 96-1246, eff. 1-1-11.)
 
2    (225 ILCS 410/3E-5)
3    (Section scheduled to be repealed on January 1, 2016)
4    Sec. 3E-5. License renewal. To renew a license issued under
5this Article, an individual must produce proof of successful
6completion of 10 hours of continuing education for a hair
7braider license and 20 hours of continuing education for a hair
8braiding teacher license.
9    A license that has been expired for more than 5 years may
10be restored by payment of the restoration fee and submitting
11evidence satisfactory to the Department of the current
12qualifications and fitness of the licensee, which shall include
13completion of continuing education hours for the period
14subsequent to expiration. The Department may establish
15additional rules for the administration of this Section and
16other requirements for the renewal of a hair braider or hair
17braiding teacher license issued under this Act.
18(Source: P.A. 96-1246, eff. 1-1-11.)
 
19    (225 ILCS 410/3E-7 new)
20    Sec. 3E-7. Inactive status. Any hair braider or hair
21braiding teacher who notifies the Department in writing on
22forms prescribed by the Department may elect to place his or
23her license on inactive status and shall, subject to rules of
24the Department, be excused from payment of renewal fees until

 

 

HB1424 Enrolled- 54 -LRB099 06559 HAF 26632 b

1he or she notifies the Department in writing of his or her
2desire to resume active status.
3    Any hair braider or hair braiding teacher requesting
4restoration from inactive status shall be required to pay the
5current renewal fee and to qualify for the restoration of his
6or her license, subject to rules of the Department. A license
7shall not be restored from inactive status unless the hair
8braider or hair braiding teacher requesting the restoration
9completes the number of hours of continuing education required
10for renewal of a license under Section 3E-5.
11    Any hair braider or hair braiding teacher whose license is
12in inactive status shall not practice in the State of Illinois.
 
13    (225 ILCS 410/4-2)  (from Ch. 111, par. 1704-2)
14    (Section scheduled to be repealed on January 1, 2016)
15    Sec. 4-2. The Barber, Cosmetology, Esthetics, Hair
16Braiding, and Nail Technology Board. There is established
17within the Department the Barber, Cosmetology, Esthetics, Hair
18Braiding, and Nail Technology Board, composed of 11 persons,
19which shall serve in an advisory capacity to the Secretary in
20all matters related to the practice of barbering, cosmetology,
21esthetics, hair braiding, and nail technology.
22    The 11 members of the Board shall be appointed as follows:
236 licensed cosmetologists, all of whom hold a current license
24as a cosmetologist or cosmetology teacher and, for appointments
25made after the effective date of this amendatory Act of 1996,

 

 

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1at least 2 of whom shall be an owner of or a major stockholder
2in a school of cosmetology, 2 of whom shall be representatives
3of either a franchiser or an owner operating salons in 2 or
4more locations within the State, one of whom shall be an
5independent salon owner, and no one of the cosmetologist
6members shall be a manufacturer, jobber, or stockholder in a
7factory of cosmetology articles or an immediate family member
8of any of the above; one of whom shall be a barber holding a
9current license; one member who shall be a licensed esthetician
10or esthetics teacher; one member who shall be a licensed nail
11technician or nail technology teacher; one member who shall be
12a licensed hair braider or hair braiding teacher; and one
13public member who holds no licenses issued by the Department.
14The Secretary shall give due consideration for membership to
15recommendations by members of the professions and by their
16professional organizations. Members shall serve 4 year terms
17and until their successors are appointed and qualified. No
18member shall be reappointed to the Board for more than 2 terms.
19Appointments to fill vacancies shall be made in the same manner
20as original appointments for the unexpired portion of the
21vacated term. Members of the Board in office on the effective
22date of this amendatory Act of 1996 shall continue to serve for
23the duration of the terms to which they have been appointed,
24but beginning on that effective date all appointments of
25licensed cosmetologists and barbers to serve as members of the
26Board shall be made in a manner that will effect at the

 

 

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1earliest possible date the changes made by this amendatory Act
2of 1996 in the representative composition of the Board.
3    For the initial appointment of a member who shall be a hair
4braider or hair braiding teacher to the Board, such individual
5shall not be required to possess a license at the time of
6appointment, but shall have at least 5 years active practice in
7the field of hair braiding and shall obtain a license as a hair
8braider or a hair braiding teacher within 18 months after
9appointment to the Board.
10    Six members of the Board shall constitute a quorum. A
11majority is required for Board decisions.
12    The Board shall elect a chairperson and a vice chairperson
13annually.
14    Board members are not liable for their acts, omissions,
15decisions, or other conduct in connection with their duties on
16the Board, except those determined to be willful, wanton, or
17intentional misconduct.
18    Whenever the Secretary is satisfied that substantial
19justice has not been done in an examination, the Secretary may
20order a reexamination by the same or other examiners.
21(Source: P.A. 96-1246, eff. 1-1-11.)
 
22    (225 ILCS 410/4-5)  (from Ch. 111, par. 1704-5)
23    (Section scheduled to be repealed on January 1, 2016)
24    Sec. 4-5. Fees; time limitations.
25    (a) Except as provided in paragraph (b) below, the fees for

 

 

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1the administration and enforcement of this Act, including but
2not limited to fees for original licensure, renewal, and
3restoration shall be set by the Department by rule. The fees
4shall not be refundable.
5    (b) Applicants for examination shall be required to pay,
6either to the Department or the designated testing service, a
7fee covering the cost of initial screening to determine
8eligibility and providing the examination. Failure to appear
9for the examination on the scheduled date at the time and place
10specified, after the applicant's application for examination
11has been received and acknowledged by the Department or the
12designated testing service, shall result in the forfeiture of
13the examination fee.
14    (c) If an applicant fails to pass an examination for
15licensure under this Act within 3 years after filing his
16application, the application shall be denied. However, such
17applicant may thereafter make a new application for examination
18accompanied by the required fee.
19    (d) An individual applying on the basis of endorsement or
20restoration of licensure has 3 years from the date of
21application to complete the application process. If the process
22has not been completed in 3 years, the application shall be
23denied, the fee forfeited. The applicant may reapply, but shall
24meet the requirements in effect at the time of reapplication.
25    (e) An applicant has one year from the date of notification
26of successful completion of the examination to apply to the

 

 

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1Department for a license. If an applicant fails to apply within
2one year the applicant shall be required to take and pass the
3examination again.
4(Source: P.A. 89-387, eff. 1-1-96.)
 
5    (225 ILCS 410/4-7)  (from Ch. 111, par. 1704-7)
6    (Section scheduled to be repealed on January 1, 2016)
7    Sec. 4-7. Refusal, suspension and revocation of licenses;
8causes; disciplinary action.
9    (1) The Department may refuse to issue or renew, and may
10suspend, revoke, place on probation, reprimand or take any
11other disciplinary or non-disciplinary action as the
12Department may deem proper, including civil penalties not to
13exceed $500 for each violation, with regard to any license for
14any one, or any combination, of the following causes:
15        a. Conviction of any crime under the laws of the United
16    States or any state or territory thereof that is (i) a
17    felony, (ii) a misdemeanor, an essential element of which
18    is dishonesty, or (iii) a crime which is related to the
19    practice of the profession.
20        b. Conviction of any of the violations listed in
21    Section 4-20.
22        c. Material misstatement in furnishing information to
23    the Department.
24        d. Making any misrepresentation for the purpose of
25    obtaining a license or violating any provision of this Act

 

 

HB1424 Enrolled- 59 -LRB099 06559 HAF 26632 b

1    or its rules.
2        e. Aiding or assisting another person in violating any
3    provision of this Act or its rules.
4        f. Failing, within 60 days, to provide information in
5    response to a written request made by the Department.
6        g. Discipline by another state, territory, or country
7    if at least one of the grounds for the discipline is the
8    same as or substantially equivalent to those set forth in
9    this Act.
10        h. Practice in the barber, nail technology, esthetics,
11    hair braiding, or cosmetology profession, or an attempt to
12    practice in those professions, by fraudulent
13    misrepresentation.
14        i. Gross malpractice or gross incompetency.
15        j. Continued practice by a person knowingly having an
16    infectious or contagious disease.
17        k. Solicitation of professional services by using
18    false or misleading advertising.
19        l. A finding by the Department that the licensee, after
20    having his or her license placed on probationary status,
21    has violated the terms of probation.
22        m. Directly or indirectly giving to or receiving from
23    any person, firm, corporation, partnership or association
24    any fee, commission, rebate, or other form of compensation
25    for any professional services not actually or personally
26    rendered.

 

 

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1        n. Violating any of the provisions of this Act or rules
2    adopted pursuant to this Act.
3        o. Willfully making or filing false records or reports
4    relating to a licensee's practice, including but not
5    limited to, false records filed with State agencies or
6    departments.
7        p. Habitual or excessive use or addiction to alcohol,
8    narcotics, stimulants, or any other chemical agent or drug
9    that results in the inability to practice with reasonable
10    judgment, skill or safety.
11        q. Engaging in dishonorable, unethical or
12    unprofessional conduct of a character likely to deceive,
13    defraud, or harm the public as may be defined by rules of
14    the Department, or violating the rules of professional
15    conduct which may be adopted by the Department.
16        r. Permitting any person to use for any unlawful or
17    fraudulent purpose one's diploma or license or certificate
18    of registration as a cosmetologist, nail technician,
19    esthetician, hair braider, or barber or cosmetology, nail
20    technology, esthetics, hair braiding, or barber teacher or
21    salon or shop or cosmetology clinic teacher.
22        s. Being named as a perpetrator in an indicated report
23    by the Department of Children and Family Services under the
24    Abused and Neglected Child Reporting Act and upon proof by
25    clear and convincing evidence that the licensee has caused
26    a child to be an abused child or neglected child as defined

 

 

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1    in the Abused and Neglected Child Reporting Act.
2        t. Operating a salon or shop without a valid
3    registration.
4        u. Failure to complete required continuing education
5    hours.
6    (2) In rendering an order, the Secretary shall take into
7consideration the facts and circumstances involving the type of
8acts or omissions in paragraph (1) of this Section including,
9but not limited to:
10        (a) the extent to which public confidence in the
11    cosmetology, nail technology, esthetics, hair braiding, or
12    barbering profession was, might have been, or may be,
13    injured;
14        (b) the degree of trust and dependence among the
15    involved parties;
16        (c) the character and degree of harm which did result
17    or might have resulted;
18        (d) the intent or mental state of the licensee at the
19    time of the acts or omissions.
20    (3) The Department may shall reissue the license or
21registration upon certification by the Board that the
22disciplined licensee or registrant has complied with all of the
23terms and conditions set forth in the final order or has been
24sufficiently rehabilitated to warrant the public trust.
25    (4) The Department shall refuse to issue or renew or
26suspend without hearing the license or certificate of

 

 

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1registration of any person who fails to file a return, or to
2pay the tax, penalty or interest shown in a filed return, or to
3pay any final assessment of tax, penalty or interest, as
4required by any tax Act administered by the Illinois Department
5of Revenue, until such time as the requirements of any such tax
6Act are satisfied as determined by the Department of Revenue.
7    (5) The Department shall deny without hearing any
8application for a license or renewal of a license under this
9Act by a person who has defaulted on an educational loan
10guaranteed by the Illinois Student Assistance Commission;
11however, the Department may issue or renew a license if the
12person in default has established a satisfactory repayment
13record as determined by the Illinois Student Assistance
14Commission.
15    (6) All fines imposed under this Section shall be paid
16within 60 days after the effective date of the order imposing
17the fine or in accordance with the terms set forth in the order
18imposing the fine.
19(Source: P.A. 98-911, eff. 1-1-15.)
 
20    (225 ILCS 410/4-9)  (from Ch. 111, par. 1704-9)
21    (Section scheduled to be repealed on January 1, 2016)
22    Sec. 4-9. Practice without a license or after suspension or
23revocation thereof.
24    (a) If any person violates the provisions of this Act, the
25Secretary may, in the name of the People of the State of

 

 

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1Illinois, through the Attorney General of the State of
2Illinois, petition, for an order enjoining such violation or
3for an order enforcing compliance with this Act. Upon the
4filing of a verified petition in such court, the court may
5issue a temporary restraining order, without notice or bond,
6and may preliminarily and permanently enjoin such violation,
7and if it is established that such person has violated or is
8violating the injunction, the Court may punish the offender for
9contempt of court. Proceedings under this Section shall be in
10addition to, and not in lieu of, all other remedies and
11penalties provided by this Act.
12    (b) If any person shall practice as a barber,
13cosmetologist, nail technician, hair braider, or esthetician,
14or teacher thereof or cosmetology clinic teacher or hold
15himself or herself out as such without being licensed under the
16provisions of this Act, any licensee, any interested party, or
17any person injured thereby may, in addition to the Secretary,
18petition for relief as provided in subsection (a) of this
19Section.
20    (c) Whenever in the opinion of the Department any person,
21firm, corporation, or other legal entity has violated violates
22any provision of Section 1-7 or 3D-5 of this Act, the
23Department may issue a rule to show cause why an order to cease
24and desist should not be entered against that person, firm,
25corporation, or legal entity him. The rule shall clearly set
26forth the grounds relied upon by the Department and shall

 

 

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1provide a period of 7 days from the date of the rule to file an
2answer to the satisfaction of the Department. Failure to answer
3to the satisfaction of the Department shall cause an order to
4cease and desist to be issued immediately.
5(Source: P.A. 98-911, eff. 1-1-15.)
 
6    (225 ILCS 410/4-10)  (from Ch. 111, par. 1704-10)
7    (Section scheduled to be repealed on January 1, 2016)
8    Sec. 4-10. Refusal, suspension and revocation of licenses;
9investigations and hearing. The Department may upon its own
10motion and shall, upon the verified complaint in writing of any
11person setting forth the facts which if proven would constitute
12grounds for disciplinary action as set forth in Section 4-7,
13investigate the actions of any person holding or claiming to
14hold a license. The Department shall, at least 30 days prior to
15the date set for the hearing, notify in writing the applicant
16or the holder of that license of any charges made and shall
17afford the accused person an opportunity to be heard in person
18or by counsel in reference thereto. The Department shall direct
19the applicant or licensee to file a written answer to the Board
20under oath within 20 days after the service of the notice and
21inform the applicant or licensee that failure to file an answer
22will result in default being taken against the applicant or
23licensee and that the license may be suspended, revoked, placed
24on probationary status, or other disciplinary action may be
25taken, including limiting the scope, nature or extent of

 

 

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1practice, as the Secretary may deem proper. The written notice
2may be served by the delivery of the notice personally to the
3accused person, or by mailing the notice by registered or
4certified mail to the address of record place of business last
5specified by the accused person in his last notification to the
6Department. In case the person fails to file an answer after
7receiving notice, his or her license or certificate may, in the
8discretion of the Department be suspended, revoked, or placed
9on probationary status, or the Department, may take whatever
10disciplinary action deemed proper, including limiting the
11scope, nature, or extent of the person's practice or the
12imposition of a fine, without a hearing, if the act or acts
13charged constitute sufficient grounds for such action under
14this Act. At the time and place fixed in the notice, the Board
15shall proceed to hearing of the charges and the accused person
16shall be accorded ample opportunity to present in person or by
17counsel, any statements, testimony, evidence and arguments as
18may be pertinent to the charges or their defense. The Board may
19continue a hearing from time to time.
20(Source: P.A. 98-911, eff. 1-1-15.)
 
21    (225 ILCS 410/4-13)  (from Ch. 111, par. 1704-13)
22    (Section scheduled to be repealed on January 1, 2016)
23    Sec. 4-13. Attendance of witnesses and production of
24documents. Any circuit court or any judge thereof, upon the
25application of the accused person or complainant or of the

 

 

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1Department, may by order duly entered, require the attendance
2of witnesses and the production of relevant books and papers
3before the Department in any hearing relative to the
4application for or refusal, recall, suspension or revocation of
5license, and the court or judge may compel obedience to its or
6his order by proceedings for contempt.
7(Source: P.A. 89-387, eff. 1-1-96.)
 
8    (225 ILCS 410/4-14)  (from Ch. 111, par. 1704-14)
9    (Section scheduled to be repealed on January 1, 2016)
10    Sec. 4-14. Report of Board; rehearing. The Board shall
11present to the Secretary its written report of its findings and
12recommendations. A copy of such report shall be served upon the
13accused person, either personally or by registered mail as
14provided in this Section for the service of the notice
15citation. Within 20 days after such service, said accused
16person may present to the Department his or her motion in
17writing for rehearing, which written motion shall specify the
18particular grounds therefor. If said accused person shall order
19and pay for a transcript of the record as provided in this
20Section, the time elapsing thereafter and before such
21transcript is ready for delivery to him or her shall not be
22counted as part of such 20 days. Whenever the Secretary is
23satisfied that substantial justice has not been done, he or she
24may order a re-hearing by the same or a special committee. At
25the expiration of the time specified for filing a motion or a

 

 

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1rehearing the Secretary shall have the right to take the action
2recommended by the Board. Upon the suspension or revocation of
3his or her license a licensee shall be required to surrender
4his or her license to the Department, and upon his or her
5failure or refusal so to do, the Department shall have the
6right to seize the same.
7(Source: P.A. 98-911, eff. 1-1-15.)
 
8    (225 ILCS 410/4-15)  (from Ch. 111, par. 1704-15)
9    (Section scheduled to be repealed on January 1, 2016)
10    Sec. 4-15. Hearing officer. Notwithstanding the
11provisions of Section 4-10, the Secretary shall have the
12authority to appoint any attorney duly licensed to practice law
13in the State of Illinois to serve as the hearing officer in any
14action for refusal to issue or renew, or discipline of a
15license. The hearing officer shall have full authority to
16conduct the hearing. The hearing officer shall report his or
17her findings and recommendations to the Board and the
18Secretary. The Board shall have 60 days from receipt of the
19report to review the report of the hearing officer and present
20their findings of fact, conclusions of law, and recommendations
21to the Secretary. If the Board fails to present its report
22within the 60 day period, then the Secretary shall issue an
23order based on the report of the hearing officer. If the
24Secretary disagrees in any regard with determines that the
25Board's report is contrary to the manifest weight of the

 

 

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1evidence, then he or she may issue an order in contravention of
2the Board's report.
3(Source: P.A. 98-911, eff. 1-1-15.)
 
4    (225 ILCS 410/4-16)  (from Ch. 111, par. 1704-16)
5    (Section scheduled to be repealed on January 1, 2016)
6    Sec. 4-16. Order or certified copy; prima facie proof. An
7order of revocation or suspension or placing a license on
8probationary status or other disciplinary action as the
9Department may consider proper or a certified copy thereof,
10over the seal of the Department and purporting to be signed by
11the Secretary, shall be prima facie proof that:
12        1. the signature is the genuine signature of the
13    Secretary;
14        2. the Secretary is duly appointed and qualified; and
15        3. the Board and the members thereof are qualified to
16    act.
17Such proof may be rebutted.
18(Source: P.A. 98-911, eff. 1-1-15.)
 
19    (225 ILCS 410/4-17)  (from Ch. 111, par. 1704-17)
20    (Section scheduled to be repealed on January 1, 2016)
21    Sec. 4-17. Restoration of license. At any time after the
22successful completion of a term of suspension or revocation of
23a license, the Department may restore it to the licensee, upon
24the written recommendation of the Board, unless the Board

 

 

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1determines after an investigation and a hearing that
2restoration is not in the public interest.
3(Source: P.A. 98-911, eff. 1-1-15.)
 
4    (225 ILCS 410/4-18.5 new)
5    Sec. 4-18.5. Citations.
6    (a) The Department shall adopt rules to permit the issuance
7of citations for unlicensed practice, practice on an expired
8license, failure to register a salon or shop, operating a salon
9or shop on an expired registration, aiding and abetting
10unlicensed practice, failure to display a license as required
11by this Act, or any violation of sanitary rules. The citation
12shall be issued to the licensee or other person alleged to have
13committed one or more of the preceding violations and shall
14contain the licensee's or other person's name and address, the
15licensee's license number, if any, a brief factual statement,
16the Sections of this Act or the rules allegedly violated, and
17the penalty imposed, which shall not exceed $500. The citation
18must clearly state that if the cited person wishes to dispute
19the citation, he or she may request in writing, within 30 days
20after the citation is served, a hearing before the Department.
21If the cited person does not request a hearing within 30 days
22after the citation is served, then the citation shall become a
23final order and shall constitute discipline and any fine
24imposed is due and payable. If the cited person requests a
25hearing within 30 days after the citation is served, the

 

 

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1Department shall afford the cited person a hearing conducted in
2the same manner as a hearing provided in this Act for any
3violation of this Act and shall determine whether the cited
4person committed the violation as charged and whether the fine
5as levied is warranted. No fine shall be increased but may be
6reduced. If the violation is found, any fine shall be due and
7payable within 30 days of the order of the Secretary. Failure
8to comply with any final order may subject the licensee or
9unlicensed person to further discipline or other action by the
10Department or a referral to the State's Attorney.
11    (b) A citation must be issued within 6 months after the
12reporting of a violation that is the basis for the citation.
13    (c) Service of a citation shall be made by personal service
14or certified mail to the licensee at the licensee's address of
15record or to an unlicensed person at his or her last known
16address.
17    (d) Nothing in this Section shall prohibit or limit the
18Department from taking further action pursuant to this Act and
19rules for additional, repeated, or continuing violations.
 
20    (225 ILCS 410/4-25 new)
21    Sec. 4-25. Disposition by consent order. At any point in
22any investigation or disciplinary proceeding provided for in
23this Act, both parties may agree to a negotiated consent order.
24The consent order shall be final upon signature of the
25Secretary.
 

 

 

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1    (225 ILCS 410/1-9 rep.)
2    (225 ILCS 410/2-4a rep.)
3    (225 ILCS 410/3-8 rep.)
4    (225 ILCS 410/3A-7 rep.)
5    (225 ILCS 410/3C-9 rep.)
6    (225 ILCS 410/3E-4 rep.)
7    (225 ILCS 410/4-4a rep.)
8    (225 ILCS 410/4-18 rep.)
9    (225 ILCS 410/4-23 rep.)
10    Section 15. The Barber, Cosmetology, Esthetics, Hair
11Braiding, and Nail Technology Act of 1985 is amended by
12repealing Sections 1-9, 2-4a, 3-8, 3A-7, 3C-9, 3E-4, 4-4a,
134-18, and 4-23.
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.