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Rep. Marcus C. Evans, Jr.
Filed: 4/12/2016
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1 | | AMENDMENT TO HOUSE BILL 5973
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2 | | AMENDMENT NO. ______. Amend House Bill 5973 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Department of Professional Regulation Law |
5 | | of the
Civil Administrative Code of Illinois is amended by |
6 | | changing Section 2105-205 as follows:
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7 | | (20 ILCS 2105/2105-205) (was 20 ILCS 2105/60.3)
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8 | | Sec. 2105-205. Publication of disciplinary actions. The
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9 | | Department shall publish on its website, at least monthly, |
10 | | final disciplinary actions taken by
the Department against a |
11 | | licensee or applicant pursuant to any licensing Act |
12 | | administered by the Department. The specific disciplinary |
13 | | action and the name of the applicant or
licensee shall be |
14 | | listed.
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15 | | With respect to licensees and applicants under the Funeral |
16 | | Directors and Embalmers Licensing Code, the Illinois Roofing |
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1 | | Industry Licensing Act, the Barber, Cosmetology, Esthetics, |
2 | | Hair Braiding, and Nail Technology Act of 1985, the Illinois |
3 | | Public Accounting Act, and the Real Estate License Act of 2000, |
4 | | the Department shall include formal actions, including a |
5 | | refusal to issue a license to a potential licensee with a |
6 | | positive conviction history for professions covered by the |
7 | | license, in its publication of disciplinary actions. The |
8 | | publication of disciplinary actions shall include a summary of: |
9 | | (1) the number of potential licensees with a positive |
10 | | conviction history; |
11 | | (2) the rate of refusal to issue licenses for all |
12 | | applicants with a positive conviction history; |
13 | | (3) the average time elapsed since the latest |
14 | | conviction of potential licensees who were refused a |
15 | | license and of potential licensees with a positive |
16 | | conviction history who were issued a license; |
17 | | (4) the number of potential licensees who had a |
18 | | Certificate of Relief from Disabilities, issuance of which |
19 | | is authorized for the license by Section 5-5-5 of the |
20 | | Unified Code of Corrections; and |
21 | | (5) the number of potential licensees with a |
22 | | Certificate of Relief from Disabilities who were refused a |
23 | | license. |
24 | | (Source: P.A. 99-227, eff. 8-3-15.)
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25 | | Section 10. The Funeral Directors and Embalmers Licensing |
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1 | | Code is amended by changing Section 15-75 as follows: |
2 | | (225 ILCS 41/15-75) |
3 | | (Section scheduled to be repealed on January 1, 2023) |
4 | | Sec. 15-75. Violations; grounds for discipline; penalties. |
5 | | (a) Each of the following acts is a Class A misdemeanor
for |
6 | | the first offense, and a Class 4 felony for each subsequent |
7 | | offense.
These penalties shall also apply to unlicensed owners |
8 | | of funeral homes. |
9 | | (1) Practicing the profession of funeral directing and |
10 | | embalming or
funeral directing, or attempting to practice |
11 | | the profession of funeral
directing and embalming or |
12 | | funeral directing without a license as a
funeral director |
13 | | and embalmer or funeral director. |
14 | | (2) Serving or attempting to serve as an intern under a |
15 | | licensed funeral
director
and embalmer
without a license as |
16 | | a licensed funeral director and embalmer intern. |
17 | | (3) Obtaining or attempting to obtain a license, |
18 | | practice or business,
or any other thing of value, by fraud |
19 | | or misrepresentation. |
20 | | (4) Permitting any person in one's employ, under one's |
21 | | control or in or
under one's service to serve as a funeral |
22 | | director and embalmer, funeral
director, or funeral |
23 | | director and embalmer intern when the
person does not have |
24 | | the appropriate license. |
25 | | (5) Failing to display a license as required by this |
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1 | | Code. |
2 | | (6) Giving false information or making a false oath or |
3 | | affidavit
required by this Code. |
4 | | (b) The Department may refuse to issue or renew, revoke, |
5 | | suspend, place on probation or administrative supervision, |
6 | | reprimand, or take other disciplinary or non-disciplinary |
7 | | action as the Department may deem appropriate, including |
8 | | imposing fines not to exceed $10,000 for each violation, with |
9 | | regard to any license under the Code for any one or combination |
10 | | of the following: |
11 | | (1) Fraud or any misrepresentation in applying for or |
12 | | procuring a license under this Code or in connection with |
13 | | applying for renewal of a license under this Code. |
14 | | (2) Conviction by plea of guilty or nolo contendere, |
15 | | finding of guilt, jury verdict, or entry of judgment or by |
16 | | sentencing of any crime, including, but not limited to, |
17 | | convictions, preceding sentences of supervision, |
18 | | conditional discharge, or first offender probation, under |
19 | | the laws of any jurisdiction of the United States : (i) that |
20 | | is a felony or (ii) that is a misdemeanor , an essential |
21 | | element of which is dishonesty, or that is directly related |
22 | | to the practice of the profession . The Department shall not |
23 | | deny a license to a potential licensee whose conviction |
24 | | history is directly related to the profession for which a |
25 | | license is sought if the Department has not considered |
26 | | mitigating factors provided in subsection (b-5) of this |
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1 | | Section . |
2 | | (3) Violation of the laws of this State relating to the |
3 | | funeral, burial
or disposition of deceased human bodies or |
4 | | of the rules and regulations of the
Department, or the |
5 | | Department of Public Health. |
6 | | (4) Directly or indirectly paying or causing to be paid |
7 | | any sum of money
or other valuable consideration for the |
8 | | securing of business or for
obtaining authority to dispose |
9 | | of any deceased human body. |
10 | | (5) Professional incompetence, gross negligence, |
11 | | malpractice, or untrustworthiness in the practice of |
12 | | funeral
directing and embalming or funeral directing. |
13 | | (6) (Blank). |
14 | | (7) Engaging in, promoting, selling, or issuing burial |
15 | | contracts, burial
certificates, or burial insurance |
16 | | policies in connection with the
profession as a funeral |
17 | | director and embalmer, funeral director, or funeral
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18 | | director and embalmer intern in violation of any laws of |
19 | | the
State
of Illinois. |
20 | | (8) Refusing, without cause, to surrender the custody |
21 | | of a deceased
human body upon the proper request of the |
22 | | person or persons lawfully
entitled to the custody of the |
23 | | body. |
24 | | (9) Taking undue advantage of a client or clients as to |
25 | | amount to the
perpetration of fraud. |
26 | | (10) Engaging in funeral directing and embalming or |
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1 | | funeral
directing without a license. |
2 | | (11) Encouraging, requesting, or suggesting by a |
3 | | licensee or some person
working on his behalf and with his |
4 | | consent for compensation that a person
utilize the services |
5 | | of a certain funeral director and embalmer, funeral
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6 | | director, or funeral establishment unless that information |
7 | | has
been expressly requested by the person. This does not |
8 | | prohibit general
advertising or pre-need solicitation. |
9 | | (12) Making or causing to be made any false or |
10 | | misleading statements
about the laws concerning the |
11 | | disposition of human remains, including, but not
limited |
12 | | to, the need to embalm, the need for a casket for cremation |
13 | | or the
need for an outer burial container. |
14 | | (13) (Blank). |
15 | | (14) Embalming or attempting to embalm a deceased human |
16 | | body without
express prior authorization of the person |
17 | | responsible for making the
funeral arrangements for the |
18 | | body. This does not apply to cases where
embalming is |
19 | | directed by local authorities who have jurisdiction or when
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20 | | embalming is required by State or local law. A licensee may |
21 | | embalm without express prior authorization if a good faith |
22 | | effort has been made to contact family members and has been |
23 | | unsuccessful and the licensee has no reason to believe the |
24 | | family opposes embalming. |
25 | | (15) Making a false statement on a Certificate of Death |
26 | | where the
person making the statement knew or should have |
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1 | | known that the statement
was false. |
2 | | (16) Soliciting human bodies after death or while death |
3 | | is imminent. |
4 | | (17) Performing any act or practice that is a violation
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5 | | of this Code, the rules for the administration of this |
6 | | Code, or any
federal,
State or local laws, rules, or |
7 | | regulations
governing the practice of funeral directing or |
8 | | embalming. |
9 | | (18) Performing any act or practice that is a violation |
10 | | of Section 2 of
the Consumer Fraud and Deceptive Business |
11 | | Practices Act. |
12 | | (19) Engaging in dishonorable, unethical, or |
13 | | unprofessional conduct of a character
likely to deceive, |
14 | | defraud or harm the public. |
15 | | (20) Taking possession of a dead human body without |
16 | | having first
obtained express permission from the person |
17 | | holding the right to control the disposition in accordance |
18 | | with Section 5 of the Disposition of Remains Act or a |
19 | | public agency legally
authorized to direct, control or |
20 | | permit the removal of deceased human bodies. |
21 | | (21) Advertising in a false or misleading manner or |
22 | | advertising using
the name of an unlicensed person in |
23 | | connection with any service being
rendered in the practice |
24 | | of funeral directing or funeral directing and
embalming. |
25 | | The use of any name of an unlicensed or unregistered person |
26 | | in
an advertisement so as to imply that the person will |
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1 | | perform services is
considered misleading advertising. |
2 | | Nothing in this paragraph shall prevent
including the name |
3 | | of any owner, officer or corporate director of a funeral
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4 | | home, who is not a licensee, in any advertisement used by a |
5 | | funeral home
with which the individual is affiliated, if |
6 | | the advertisement specifies
the individual's affiliation |
7 | | with the funeral home. |
8 | | (22) Charging for professional services not rendered, |
9 | | including filing false statements for the collection of |
10 | | fees for which services are not rendered. |
11 | | (23) Failing to account for or remit any monies, |
12 | | documents, or personal
property that belongs to others that |
13 | | comes into a licensee's possession. |
14 | | (24) Treating any person differently to his detriment |
15 | | because of
race, color, creed, gender, religion, or |
16 | | national origin. |
17 | | (25) Knowingly making any false statements, oral or |
18 | | otherwise, of a
character likely to influence, persuade or |
19 | | induce others in the course of
performing professional |
20 | | services or activities. |
21 | | (26) Willfully making or filing false records or |
22 | | reports in the practice
of funeral directing and embalming, |
23 | | including, but not limited to, false records filed with |
24 | | State agencies or departments. |
25 | | (27) Failing to acquire continuing education required |
26 | | under this Code. |
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1 | | (28) (Blank). |
2 | | (29) Aiding or assisting another person in violating |
3 | | any provision of this Code or rules adopted pursuant to |
4 | | this Code. |
5 | | (30) Failing within 10 days, to provide information in |
6 | | response to a written request made by the Department. |
7 | | (31) Discipline by another state, District of |
8 | | Columbia, territory, foreign nation, or governmental |
9 | | agency, if at least one of the grounds for the discipline |
10 | | is the same or substantially equivalent to those set forth |
11 | | in this Section. |
12 | | (32) (Blank). |
13 | | (33) Mental illness or disability which results in the |
14 | | inability to practice the profession with reasonable |
15 | | judgment, skill, or safety. |
16 | | (34) Gross, willful, or continued overcharging for |
17 | | professional services, including filing false statements |
18 | | for collection of fees for which services are not rendered. |
19 | | (35) Physical illness, including, but not limited to, |
20 | | deterioration through the aging process or loss of motor |
21 | | skill which results in a licensee's inability to practice |
22 | | under this Code with reasonable judgment, skill, or safety. |
23 | | (36) Failing to comply with any of the following |
24 | | required activities: |
25 | | (A) When reasonably possible, a funeral director |
26 | | licensee or funeral director and embalmer licensee or |
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1 | | anyone acting on his or
her behalf shall obtain the |
2 | | express authorization of the person or persons
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3 | | responsible for making the funeral arrangements for a |
4 | | deceased human body
prior to removing a body from the |
5 | | place of death or any place it may be or
embalming or |
6 | | attempting to embalm a deceased human body, unless |
7 | | required by
State or local law. This requirement is |
8 | | waived whenever removal or
embalming is directed by |
9 | | local authorities who have jurisdiction.
If the |
10 | | responsibility for the handling of the remains |
11 | | lawfully falls under
the jurisdiction of a public |
12 | | agency, then the regulations of the public
agency shall |
13 | | prevail. |
14 | | (B) A licensee shall clearly mark the price of any |
15 | | casket offered for
sale or the price of any service |
16 | | using the casket on or in the casket if
the casket is |
17 | | displayed at the funeral establishment. If the casket |
18 | | is
displayed at any other location, regardless of |
19 | | whether the licensee is in
control of that location, |
20 | | the casket shall be clearly marked and the
registrant |
21 | | shall use books, catalogues, brochures, or other |
22 | | printed display
aids to show the price of each casket |
23 | | or service. |
24 | | (C) At the time funeral arrangements are made and |
25 | | prior to rendering the
funeral services, a licensee |
26 | | shall furnish a written statement of services to be
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1 | | retained by the person or persons making the funeral |
2 | | arrangements, signed
by both parties, that shall |
3 | | contain: (i) the name, address and telephone number
of |
4 | | the funeral establishment and the date on which the |
5 | | arrangements were made;
(ii) the price of the service |
6 | | selected and the services and merchandise
included for |
7 | | that price; (iii) a clear disclosure that the person or |
8 | | persons
making the arrangement may decline and receive |
9 | | credit for any service or
merchandise not desired and |
10 | | not required by law or the funeral director or the
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11 | | funeral director and embalmer; (iv) the supplemental |
12 | | items of service and
merchandise requested and the |
13 | | price of each item; (v) the terms or method of
payment |
14 | | agreed upon; and (vi) a statement as to any monetary |
15 | | advances made by
the registrant on behalf of the |
16 | | family. The licensee shall maintain a copy of the |
17 | | written statement of services in its permanent |
18 | | records. All written statements of services are |
19 | | subject to inspection by the Department. |
20 | | (D) In all instances where the place of final |
21 | | disposition of a deceased human body or the cremated |
22 | | remains of a deceased human body is a cemetery, the |
23 | | licensed funeral director and embalmer, or licensed |
24 | | funeral director, who has been engaged to provide |
25 | | funeral or embalming services shall remain at the |
26 | | cemetery and personally witness the placement of the |
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1 | | human remains in their designated grave or the sealing |
2 | | of the above ground depository, crypt, or urn. The |
3 | | licensed funeral director or licensed funeral director |
4 | | and embalmer may designate a licensed funeral director |
5 | | and embalmer intern or representative of the funeral |
6 | | home to be his or her witness to the placement of the |
7 | | remains. If the cemetery authority, cemetery manager, |
8 | | or any other agent of the cemetery takes any action |
9 | | that prevents compliance with this paragraph (D), then |
10 | | the funeral director and embalmer or funeral director |
11 | | shall provide written notice to the Department within 5 |
12 | | business days after failing to comply. If the |
13 | | Department receives this notice, then the Department |
14 | | shall not take any disciplinary action against the |
15 | | funeral director and embalmer or funeral director for a |
16 | | violation of this paragraph (D) unless the Department |
17 | | finds that the cemetery authority, manager, or any |
18 | | other agent of the cemetery did not prevent the funeral |
19 | | director and embalmer or funeral director from |
20 | | complying with this paragraph (D) as claimed in the |
21 | | written notice. |
22 | | (E) A funeral director or funeral director and |
23 | | embalmer shall fully complete the portion of the |
24 | | Certificate of Death under the responsibility of the |
25 | | funeral director or funeral director and embalmer and |
26 | | provide all required information. In the event that any |
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1 | | reported information subsequently changes or proves |
2 | | incorrect, a funeral director or funeral director and |
3 | | embalmer shall immediately upon learning the correct |
4 | | information correct the Certificate of Death. |
5 | | (37) A finding by the Department that the license, |
6 | | after having his or
her license placed on probationary |
7 | | status or subjected to conditions or
restrictions, |
8 | | violated the terms of the probation or failed to comply |
9 | | with such
terms or conditions. |
10 | | (38) (Blank). |
11 | | (39) Being named as a perpetrator in an indicated |
12 | | report by the Department
of Children and Family Services |
13 | | pursuant to the Abused and Neglected Child
Reporting Act |
14 | | and, upon proof by clear and convincing evidence,
being |
15 | | found to have caused a child to be an abused child or |
16 | | neglected child as
defined
in the Abused and Neglected |
17 | | Child Reporting Act. |
18 | | (40) Habitual or excessive use or abuse of drugs |
19 | | defined in law as controlled substances, alcohol, or any |
20 | | other substance which results in the inability to practice |
21 | | with reasonable judgment, skill, or safety. |
22 | | (41) Practicing under a false or, except as provided by |
23 | | law, an assumed name. |
24 | | (42) Cheating on or attempting to subvert the licensing |
25 | | examination administered under this Code. |
26 | | (b-5) When issuing a license, the Department may consider |
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1 | | an applicant's conviction or convictions but a prior conviction |
2 | | or convictions alone may not be the basis for refusing to issue |
3 | | a license unless the crime for which he or she was convicted |
4 | | directly relates to the occupation for which the license is |
5 | | sought. |
6 | | If the conviction or convictions are used as a basis for |
7 | | rejection of an application, it must be in writing and |
8 | | specifically state the evidence presented and reasons for |
9 | | rejection, which must be directly related to the licensed |
10 | | activity. The Department must consider: |
11 | | (1) the bearing, if any, the criminal offenses or |
12 | | offenses for which the person was previously convicted will |
13 | | have on his or her fitness or ability to perform one or |
14 | | more such duties and responsibilities; |
15 | | (2) the time which has elapsed since the occurrence of |
16 | | the criminal offense or offenses; |
17 | | (3) the age of the person at the time of occurrence of |
18 | | the criminal offense or offenses; |
19 | | (4) the seriousness of the offense or offenses; and |
20 | | (5) any information produced by the person or produced |
21 | | on his or her behalf in regard to his or her rehabilitation |
22 | | and good conduct that creates a presumption of |
23 | | rehabilitation. |
24 | | For the purpose of issuance, renewal, or restoration of a |
25 | | license, completion of a sentence of imprisonment or discharge |
26 | | from probation, conditional discharge from probation, or |
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1 | | periodic imprisonment shall be treated as evidence of |
2 | | rehabilitation so that all license rights and privileges |
3 | | granted under this Act, under consideration for issuance, or |
4 | | formerly revoked or suspended because of conviction of an |
5 | | offense are automatically restored unless the Department finds |
6 | | after investigation and consideration of guidelines provided |
7 | | in items (1) through (5) of this subsection (b-5) that |
8 | | restoration is not in the public interest. |
9 | | The Department shall not consider non-conviction records, |
10 | | charges that did not result in conviction, or convictions that |
11 | | are not directly related to the profession for which a license |
12 | | is sought. |
13 | | For the purposes of preliminary hearings and investigation |
14 | | in licensure determinations upon disclosure of a conviction |
15 | | history, the Department shall develop and implement policies |
16 | | that consider items (1) through (5) of this subsection (b-5), |
17 | | with suggestions as to evidence of rehabilitation provided in |
18 | | the previous paragraph of this Section. |
19 | | (c) The Department may refuse to issue or renew or may |
20 | | suspend without a hearing, as provided for in the Department of |
21 | | Professional Regulation Law of the Civil Administrative Code of |
22 | | Illinois, the license
of any person who fails to file a return, |
23 | | to pay the tax, penalty or interest
shown in a filed return, or |
24 | | to pay any final assessment of tax, penalty or
interest as |
25 | | required by any tax Act administered by the Illinois Department |
26 | | of
Revenue, until the time as the requirements of the tax Act |
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1 | | are satisfied in accordance with subsection (g) of Section |
2 | | 2105-15 of the Department of Professional Regulation Law of the |
3 | | Civil Administrative Code of Illinois. |
4 | | (d) No action may be taken under this Code against a person |
5 | | licensed under this Code unless the action is commenced within |
6 | | 5 years after the occurrence of the alleged violations. A |
7 | | continuing violation shall be deemed to have occurred on the |
8 | | date when the circumstances last existed that give rise to the |
9 | | alleged violation. |
10 | | (e) Nothing in this Section shall be construed or enforced |
11 | | to give a funeral director and embalmer, or his or her |
12 | | designees, authority over the operation of a cemetery or over |
13 | | cemetery employees. Nothing in this Section shall be construed |
14 | | or enforced to impose duties or penalties on cemeteries with |
15 | | respect to the timing of the placement of human remains in |
16 | | their designated grave or the sealing of the above ground |
17 | | depository, crypt, or urn due to patron safety, the allocation |
18 | | of cemetery staffing, liability insurance, a collective |
19 | | bargaining agreement, or other such reasons. |
20 | | (f) All fines imposed under this Section shall be paid 60 |
21 | | days after the effective date of the order imposing the fine. |
22 | | (g) The Department shall deny a license or renewal |
23 | | authorized by this Code to a person who has defaulted on an |
24 | | educational loan or scholarship provided or guaranteed by the |
25 | | Illinois Student Assistance Commission or any governmental |
26 | | agency of this State in accordance with item (5) of subsection |
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1 | | (a) of Section 2105-15 of the Department of Professional |
2 | | Regulation Law of the Civil Administrative Code of Illinois. |
3 | | (h) In cases where the Department of Healthcare and Family |
4 | | Services has previously determined a licensee or a potential |
5 | | licensee is more than 30 days delinquent in the payment of |
6 | | child support and has subsequently certified the delinquency to |
7 | | the Department, the Department may refuse to issue or renew or |
8 | | may revoke or suspend that person's license or may take other |
9 | | disciplinary action against that person based solely upon the |
10 | | certification of delinquency made by the Department of |
11 | | Healthcare and Family Services in accordance with item (5) of |
12 | | subsection (a) of Section 2105-15 of the Department of |
13 | | Professional Regulation Law of the Civil Administrative Code of |
14 | | Illinois unless, upon notification, the licensee demonstrates |
15 | | an inability to pay and agrees to enter into a reasonable |
16 | | payment plan . |
17 | | Notwithstanding the provisions of this subsection, the |
18 | | Department may not refuse to issue a license to a potential |
19 | | licensee who is an obligor because the obligor's child support |
20 | | arrearage equals or exceeds the amount of child support payable |
21 | | for 12 months. When an occupational license is issued to an |
22 | | applicant to whom this paragraph applies, the Department shall |
23 | | send a written notice to the obligor following the issuance of |
24 | | a license, advising the obligor that the obligor's license may |
25 | | be revoked or suspended unless within 30 days of the postmarked |
26 | | date of the notice, the obligor demonstrates the inability to |
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1 | | pay and enters into a reasonable payment plan. |
2 | | (i) A person not licensed under this Code who is an owner |
3 | | of a funeral establishment or funeral business shall not aid, |
4 | | abet, assist, procure, advise, employ, or contract with any |
5 | | unlicensed person to offer funeral services or aid, abet, |
6 | | assist, or direct any licensed person contrary to or in |
7 | | violation of any rules or provisions of this Code. A person |
8 | | violating this subsection shall be treated as a licensee for |
9 | | the purposes of disciplinary action under this Section and |
10 | | shall be subject to cease and desist orders as provided in this |
11 | | Code, the imposition of a fine up to $10,000 for each violation |
12 | | and any other penalty provided by law. |
13 | | (j) The determination by a circuit court that a licensee is |
14 | | subject to involuntary admission or judicial admission as |
15 | | provided in the Mental Health and Developmental Disabilities |
16 | | Code, as amended, operates as an automatic suspension. The |
17 | | suspension may end only upon a finding by a court that the |
18 | | licensee is no longer subject to the involuntary admission or |
19 | | judicial admission and issues an order so finding and |
20 | | discharging the licensee, and upon the recommendation of the |
21 | | Board to the Secretary that the licensee be allowed to resume |
22 | | his or her practice. |
23 | | (k) In enforcing this Code, the Department, upon a showing |
24 | | of a possible violation, may compel an individual licensed to |
25 | | practice under this Code, or who has applied for licensure |
26 | | under this Code, to submit to a mental or physical examination, |
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1 | | or both, as required by and at the expense of the Department. |
2 | | The Department may order the examining physician to present |
3 | | testimony concerning the mental or physical examination of the |
4 | | licensee or applicant. No information shall be excluded by |
5 | | reason of any common law or statutory privilege relating to |
6 | | communications between the licensee or applicant and the |
7 | | examining physician. The examining physician shall be |
8 | | specifically designated by the Department. The individual to be |
9 | | examined may have, at his or her own expense, another physician |
10 | | of his or her choice present during all aspects of this |
11 | | examination. The examination shall be performed by a physician |
12 | | licensed to practice medicine in all its branches. Failure of |
13 | | an individual to submit to a mental or physical examination, |
14 | | when directed, shall result in an automatic suspension without |
15 | | hearing. |
16 | | A person holding a license under this Code or who has |
17 | | applied for a license under this Code who, because of a |
18 | | physical or mental illness or disability, including, but not |
19 | | limited to, deterioration through the aging process or loss of |
20 | | motor skill, is unable to practice the profession with |
21 | | reasonable judgment, skill, or safety, may be required by the |
22 | | Department to submit to care, counseling, or treatment by |
23 | | physicians approved or designated by the Department as a |
24 | | condition, term, or restriction for continued, reinstated, or |
25 | | renewed licensure to practice. Submission to care, counseling, |
26 | | or treatment as required by the Department shall not be |
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1 | | considered discipline of a license. If the licensee refuses to |
2 | | enter into a care, counseling, or treatment agreement or fails |
3 | | to abide by the terms of the agreement, the Department may file |
4 | | a complaint to revoke, suspend, or otherwise discipline the |
5 | | license of the individual. The Secretary may order the license |
6 | | suspended immediately, pending a hearing by the Department. |
7 | | Fines shall not be assessed in disciplinary actions involving |
8 | | physical or mental illness or impairment. |
9 | | In instances in which the Secretary immediately suspends a |
10 | | person's license under this Section, a hearing on that person's |
11 | | license must be convened by the Department within 15 days after |
12 | | the suspension and completed without appreciable delay. The |
13 | | Department shall have the authority to review the subject |
14 | | individual's record of treatment and counseling regarding the |
15 | | impairment to the extent permitted by applicable federal |
16 | | statutes and regulations safeguarding the confidentiality of |
17 | | medical records. |
18 | | An individual licensed under this Code and affected under |
19 | | this Section shall be afforded an opportunity to demonstrate to |
20 | | the Department that he or she can resume practice in compliance |
21 | | with acceptable and prevailing standards under the provisions |
22 | | of his or her license. |
23 | | (Source: P.A. 97-1130, eff. 8-28-12; 98-756, eff. 7-16-14.) |
24 | | Section 15. The Illinois Roofing Industry Licensing Act is |
25 | | amended by changing Section 9.1 as follows: |
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1 | | (225 ILCS 335/9.1) (from Ch. 111, par. 7509.1) |
2 | | (Section scheduled to be repealed on January 1, 2026) |
3 | | Sec. 9.1. Grounds for disciplinary action. |
4 | | (1) The Department may refuse
to issue or to renew, or may |
5 | | revoke, suspend, place on probation, reprimand
or take other |
6 | | disciplinary or non-disciplinary action as the Department may |
7 | | deem proper,
including fines not to exceed $10,000 for each |
8 | | violation, with regard to any
license for any one or |
9 | | combination of the following: |
10 | | (a) violation of this Act or its rules; |
11 | | (b) a conviction or plea of guilty or nolo contendere, |
12 | | finding of guilt, jury verdict, or entry of judgment or |
13 | | sentencing of any crime, including, but not limited to, |
14 | | convictions, preceding sentences of supervision, |
15 | | conditional discharge, or first offender probation, under |
16 | | the laws of any jurisdiction of the United States that is |
17 | | (i) a felony or (ii) a misdemeanor , an essential element
of |
18 | | which is dishonesty or that is
directly related to the
|
19 | | practice of the profession ; the Department shall not deny a |
20 | | license to a potential licensee whose conviction history is |
21 | | directly related to the profession for which a license is |
22 | | sought if the Department has not considered mitigating |
23 | | factors provided in subsection (1.5) of this Section ; |
24 | | (c) fraud or any misrepresentation in applying for or |
25 | | procuring a license under this Act, or in connection with |
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1 | | applying for renewal of a license under this Act; |
2 | | (d) professional incompetence or gross negligence in |
3 | | the practice of
roofing contracting, prima facie evidence |
4 | | of which may be a conviction or judgment in any court of |
5 | | competent jurisdiction against an applicant or licensee |
6 | | relating to the practice of roofing contracting or the |
7 | | construction of a roof or repair thereof that results in |
8 | | leakage within 90 days after the completion of such work; |
9 | | (e) (blank); |
10 | | (f) aiding or assisting another person in violating any |
11 | | provision of
this Act or rules; |
12 | | (g) failing, within 60 days, to provide information in |
13 | | response to a
written request made by the Department; |
14 | | (h) engaging in dishonorable, unethical, or |
15 | | unprofessional conduct of a
character likely to deceive, |
16 | | defraud, or harm the public; |
17 | | (i) habitual or excessive use or abuse of controlled |
18 | | substances, as defined by the Illinois Controlled |
19 | | Substances Act, alcohol, or any other substance that |
20 | | results in the
inability to practice with reasonable |
21 | | judgment, skill, or safety; |
22 | | (j) discipline by another state, unit of government, or |
23 | | government agency, the District of Columbia, a territory, |
24 | | or a foreign nation, if at
least one of the grounds for the |
25 | | discipline is the same or substantially
equivalent to those |
26 | | set forth in this Section; |
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1 | | (k) directly or indirectly giving to or receiving from |
2 | | any person, firm,
corporation, partnership, or association |
3 | | any fee, commission, rebate, or
other form of compensation |
4 | | for any professional services not actually or
personally |
5 | | rendered; |
6 | | (l) a finding by the Department that the licensee, |
7 | | after having his
or her license disciplined, has violated |
8 | | the terms of the discipline; |
9 | | (m) a finding by any court of competent jurisdiction, |
10 | | either within or
without this State, of any violation of |
11 | | any law governing the practice of
roofing contracting, if |
12 | | the Department determines, after investigation,
that such |
13 | | person has not been sufficiently rehabilitated to warrant |
14 | | the
public trust; |
15 | | (n) willfully making or filing false records or reports |
16 | | in the practice of roofing contracting, including, but not |
17 | | limited to, false records filed with the State agencies or |
18 | | departments; |
19 | | (o) practicing, attempting to practice, or advertising |
20 | | under
a name
other than the
full name as shown on the |
21 | | license or any other legally authorized name; |
22 | | (p) gross and willful overcharging for professional |
23 | | services including
filing false statements for collection |
24 | | of fees or monies for which services
are not rendered; |
25 | | (q) (blank); |
26 | | (r) (blank); |
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1 | | (s) failure to continue to meet the requirements of |
2 | | this Act shall be
deemed a violation; |
3 | | (t) physical or mental disability, including |
4 | | deterioration through the
aging process or loss of |
5 | | abilities and skills that result in an inability to
|
6 | | practice the profession with reasonable judgment, skill, |
7 | | or safety; |
8 | | (u) material misstatement in furnishing information to |
9 | | the Department or
to
any other State agency; |
10 | | (v) (blank); |
11 | | (w) advertising in any manner that is false, |
12 | | misleading, or deceptive; |
13 | | (x) taking undue advantage of a customer, which results |
14 | | in the perpetration of a fraud; |
15 | | (y) performing any act or practice that is a violation |
16 | | of the Consumer Fraud and Deceptive Business Practices Act; |
17 | | (z) engaging in the practice of roofing contracting, as |
18 | | defined in this Act, with a suspended, revoked, or |
19 | | cancelled license; |
20 | | (aa) treating any person differently to the person's |
21 | | detriment because of race, color, creed, gender, age, |
22 | | religion, or national origin; |
23 | | (bb) knowingly making any false statement, oral, |
24 | | written, or otherwise, of a character likely to influence, |
25 | | persuade, or induce others in the course of obtaining or |
26 | | performing roofing contracting services; |
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1 | | (cc) violation of any final administrative action of |
2 | | the Secretary;
|
3 | | (dd) allowing the use of his or her roofing license by |
4 | | an unlicensed roofing contractor for the purposes of |
5 | | providing roofing or waterproofing services; or |
6 | | (ee) (blank); |
7 | | (ff) cheating or attempting to subvert a licensing |
8 | | examination administered under this Act; or |
9 | | (gg) use of a license to permit or enable an unlicensed |
10 | | person to provide roofing contractor services. |
11 | | (1.5) When issuing a license, the Department may consider |
12 | | an applicant's conviction or convictions but a prior conviction |
13 | | or convictions alone may not be the basis for refusing to issue |
14 | | a license unless the crime for which he or she was convicted |
15 | | directly relates to the occupation for which the license is |
16 | | sought. |
17 | | If the conviction or convictions are used as a basis for |
18 | | rejection of an application, it must be in writing and |
19 | | specifically state the evidence presented and reasons for |
20 | | rejection, which must be directly related to the licensed |
21 | | activity. The Department must consider: |
22 | | (a) the bearing, if any, the criminal offenses or |
23 | | offenses for which the person was previously convicted will |
24 | | have on his or her fitness or ability to perform one or |
25 | | more such duties and responsibilities; |
26 | | (b) the time which has elapsed since the occurrence of |
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1 | | the criminal offense or offenses; |
2 | | (c) the age of the person at the time of occurrence of |
3 | | the criminal offense or offenses; |
4 | | (d) the seriousness of the offense or offenses; and |
5 | | (e) any information produced by the person or produced |
6 | | on his or her behalf in regard to his or her rehabilitation |
7 | | and good conduct that creates a presumption of |
8 | | rehabilitation. |
9 | | For the purpose of issuance, renewal, or restoration of a |
10 | | license, completion of a sentence of imprisonment or discharge |
11 | | from probation, conditional discharge from probation, or |
12 | | periodic imprisonment shall be treated as evidence of |
13 | | rehabilitation so that all license rights and privileges |
14 | | granted under this Act, under consideration for issuance, or |
15 | | formerly revoked or suspended because of conviction of an |
16 | | offense are automatically restored unless the Department finds |
17 | | after investigation and consideration of guidelines provided |
18 | | in items (a) through (e) of this subsection (1.5) that |
19 | | restoration is not in the public interest. |
20 | | The Department shall not consider non-conviction records, |
21 | | charges that did not result in conviction, or convictions that |
22 | | are not directly related to the profession for which a license |
23 | | is sought. |
24 | | For the purposes of preliminary hearings and investigation |
25 | | in licensure determinations upon disclosure of a conviction |
26 | | history, the Department shall develop and implement policies |
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1 | | that consider items (a) through (e) of this subsection (1.5) |
2 | | with suggestions as to evidence of rehabilitation provided in |
3 | | the previous paragraph of this Section. |
4 | | (2) The determination by a circuit court that a license |
5 | | holder is subject to involuntary admission or judicial |
6 | | admission, as provided in the Mental Health and Developmental |
7 | | Disabilities Code, operates as an automatic suspension. Such |
8 | | suspension will end only upon a finding by a court that the |
9 | | patient is no longer subject to involuntary admission or |
10 | | judicial admission, an order by the court so finding and |
11 | | discharging the patient, and the recommendation of the Board to |
12 | | the Director that the license holder be allowed to resume his |
13 | | or her practice. |
14 | | (3) The Department may refuse to issue or take disciplinary |
15 | | action concerning the license of any person who fails to file a |
16 | | return, to pay the tax, penalty, or interest shown in a filed |
17 | | return, or to pay any final assessment of tax, penalty, or |
18 | | interest as required by any tax Act administered by the |
19 | | Department of Revenue, until such time as the requirements of |
20 | | any such tax Act are satisfied as determined by the Department |
21 | | of Revenue. |
22 | | (4) In enforcing this Section, the Department, upon a |
23 | | showing of a possible violation, may compel any individual who |
24 | | is licensed under this Act or any individual who has applied |
25 | | for licensure to submit to a mental or physical examination or |
26 | | evaluation, or both, which may include a substance abuse or |
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1 | | sexual offender evaluation, at the expense of the Department. |
2 | | The Department shall specifically designate the examining |
3 | | physician licensed to practice medicine in all of its branches |
4 | | or, if applicable, the multidisciplinary team involved in |
5 | | providing the mental or physical examination and evaluation. |
6 | | The multidisciplinary team shall be led by a physician licensed |
7 | | to practice medicine in all of its branches and may consist of |
8 | | one or more or a combination of physicians licensed to practice |
9 | | medicine in all of its branches, licensed chiropractic |
10 | | physicians, licensed clinical psychologists, licensed clinical |
11 | | social workers, licensed clinical professional counselors, and |
12 | | other professional and administrative staff. Any examining |
13 | | physician or member of the multidisciplinary team may require |
14 | | any person ordered to submit to an examination and evaluation |
15 | | pursuant to this Section to submit to any additional |
16 | | supplemental testing deemed necessary to complete any |
17 | | examination or evaluation process, including, but not limited |
18 | | to, blood testing, urinalysis, psychological testing, or |
19 | | neuropsychological testing. |
20 | | (5) The Department may order the examining physician or any |
21 | | member of the multidisciplinary team to provide to the |
22 | | Department any and all records, including business records, |
23 | | that relate to the examination and evaluation, including any |
24 | | supplemental testing performed. The Department may order the |
25 | | examining physician or any member of the multidisciplinary team |
26 | | to present testimony concerning this examination and |
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1 | | evaluation of the licensee or applicant, including testimony |
2 | | concerning any supplemental testing or documents relating to |
3 | | the examination and evaluation. No information, report, |
4 | | record, or other documents in any way related to the |
5 | | examination and evaluation shall be excluded by reason of any |
6 | | common law or statutory privilege relating to communication |
7 | | between the licensee or applicant and the examining physician |
8 | | or any member of the multidisciplinary team. No authorization |
9 | | is necessary from the licensee or applicant ordered to undergo |
10 | | an evaluation and examination for the examining physician or |
11 | | any member of the multidisciplinary team to provide |
12 | | information, reports, records, or other documents or to provide |
13 | | any testimony regarding the examination and evaluation. The |
14 | | individual to be examined may have, at his or her own expense, |
15 | | another physician of his or her choice present during all |
16 | | aspects of the examination. |
17 | | (6) Failure of any individual to submit to mental or |
18 | | physical examination or evaluation, or both, when directed, |
19 | | shall result in an automatic suspension without hearing until |
20 | | such time as the individual submits to the examination. If the |
21 | | Department finds a licensee unable to practice because of the |
22 | | reasons set forth in this Section, the Department shall require |
23 | | the licensee to submit to care, counseling, or treatment by |
24 | | physicians approved or designated by the Department as a |
25 | | condition for continued, reinstated, or renewed licensure. |
26 | | (7) When the Secretary immediately suspends a license under |
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1 | | this Section, a hearing upon such person's license must be |
2 | | convened by the Department within 15 days after the suspension |
3 | | and completed without appreciable delay. The Department shall |
4 | | have the authority to review the licensee's record of treatment |
5 | | and counseling regarding the impairment to the extent permitted |
6 | | by applicable federal statutes and regulations safeguarding |
7 | | the confidentiality of medical records. |
8 | | (8) Licensees affected under this Section shall be afforded |
9 | | an opportunity to demonstrate to the Department that they can |
10 | | resume practice in compliance with acceptable and prevailing |
11 | | standards under the provisions of their license. |
12 | | (9) The Department shall deny a license or renewal |
13 | | authorized by this Act to a person who has defaulted on an |
14 | | educational loan or scholarship provided or guaranteed by the |
15 | | Illinois Student Assistance Commission or any governmental |
16 | | agency of this State in accordance with paragraph (5) of |
17 | | subsection (a) of Section 2105-15 of the Department of |
18 | | Professional Regulation Law of the Civil Administrative Code of |
19 | | Illinois. |
20 | | (10) In cases where the Department of Healthcare and Family |
21 | | Services has previously determined a licensee or a potential |
22 | | licensee is more than 30 days delinquent in the payment of |
23 | | child support and has subsequently certified the delinquency to |
24 | | the Department, the Department may refuse to issue or renew or |
25 | | may revoke or suspend that person's license or may take other |
26 | | disciplinary action against that person based solely upon the |
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1 | | certification of delinquency made by the Department of |
2 | | Healthcare and Family Services in accordance with paragraph (5) |
3 | | of subsection (a) of Section 2105-15 of the Department of |
4 | | Professional Regulation Law of the Civil Administrative Code of |
5 | | Illinois unless, upon notification, the licensee demonstrates |
6 | | the inability to pay and agrees to enter into a reasonable |
7 | | payment plan . |
8 | | Notwithstanding the provisions of this subsection, the |
9 | | Department may not refuse to issue a license to a potential |
10 | | licensee who is an obligor because the obligor's child support |
11 | | arrearage equals or exceeds the amount of child support payable |
12 | | for 12 months. When an occupational license is issued to an |
13 | | applicant to whom this paragraph applies, the Department shall |
14 | | send a written notice to the obligor following the issuance of |
15 | | a license, advising the obligor that the obligor's license may |
16 | | be revoked or suspended unless within 30 days of the postmarked |
17 | | date of the notice, the obligor demonstrates the inability to |
18 | | pay and enters into a reasonable payment plan. |
19 | | The changes to this Act made by this amendatory Act of 1997 |
20 | | apply only
to disciplinary actions relating to events occurring |
21 | | after the effective date
of
this amendatory Act of 1997. |
22 | | (Source: P.A. 99-469, eff. 8-26-15.) |
23 | | Section 20. The Barber, Cosmetology, Esthetics, Hair |
24 | | Braiding, and Nail
Technology Act of 1985 is amended by |
25 | | changing Section 4-7 as follows:
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1 | | (225 ILCS 410/4-7) (from Ch. 111, par. 1704-7)
|
2 | | (Section scheduled to be repealed on January 1, 2026)
|
3 | | Sec. 4-7. Refusal, suspension and revocation of licenses; |
4 | | causes;
disciplinary action. |
5 | | (1) The Department may refuse to issue or renew, and
may |
6 | | suspend, revoke, place on probation, reprimand or take any |
7 | | other
disciplinary or non-disciplinary action as the |
8 | | Department may deem proper, including civil
penalties not to |
9 | | exceed $500 for each violation, with regard to any
license for |
10 | | any one, or any combination, of
the
following causes:
|
11 | | a. Conviction of any crime
under the laws of the United |
12 | | States or any state or territory thereof that
is (i) a |
13 | | felony, (ii) a misdemeanor, an essential element
of which |
14 | | is dishonesty, or that (iii) a crime which is directly |
15 | | related to the practice of
the profession . The Department |
16 | | shall not deny a license to a potential licensee whose |
17 | | conviction history is directly related to the profession |
18 | | for which a license is sought if the Department has not |
19 | | considered mitigating factors provided in subsection (1.5) |
20 | | of this Section .
|
21 | | b. Conviction of any of the violations listed in
|
22 | | Section 4-20.
|
23 | | c. Material misstatement in furnishing information to |
24 | | the Department.
|
25 | | d. Making any misrepresentation for the purpose of |
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1 | | obtaining
a license or violating any provision of this Act |
2 | | or its rules.
|
3 | | e. Aiding or assisting another person in violating any |
4 | | provision of this
Act or its rules.
|
5 | | f. Failing, within 60 days, to provide information in |
6 | | response to a
written request made by the Department.
|
7 | | g. Discipline by another state, territory, or country |
8 | | if at least one of
the grounds for the discipline is the |
9 | | same as or substantially equivalent to
those set forth in |
10 | | this Act.
|
11 | | h. Practice in the barber, nail technology, esthetics, |
12 | | hair braiding, or
cosmetology profession, or an attempt to |
13 | | practice in those professions, by
fraudulent |
14 | | misrepresentation.
|
15 | | i. Gross malpractice or gross incompetency.
|
16 | | j. Continued practice by a person knowingly having an
|
17 | | infectious
or contagious disease.
|
18 | | k. Solicitation of professional services by using |
19 | | false or
misleading advertising.
|
20 | | l. A finding by the Department that the licensee, after |
21 | | having his or
her license placed on probationary status, |
22 | | has violated the terms of
probation.
|
23 | | m. Directly or indirectly giving to or receiving from |
24 | | any person, firm,
corporation, partnership or association |
25 | | any fee, commission, rebate, or other
form of compensation |
26 | | for any professional services not actually or personally
|
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1 | | rendered.
|
2 | | n. Violating any of the provisions of this Act or rules |
3 | | adopted
pursuant to this Act.
|
4 | | o. Willfully making or filing false records or reports |
5 | | relating to a
licensee's practice, including but not |
6 | | limited to, false records filed with
State agencies or |
7 | | departments.
|
8 | | p. Habitual or excessive use
or addiction to alcohol, |
9 | | narcotics, stimulants, or any other chemical agent or
drug |
10 | | that results in the inability to practice with reasonable |
11 | | judgment, skill
or safety.
|
12 | | q. Engaging in dishonorable, unethical or |
13 | | unprofessional conduct of a character likely to deceive,
|
14 | | defraud, or harm the public as may be defined by rules of |
15 | | the Department, or
violating
the rules of professional |
16 | | conduct which may be adopted by the Department.
|
17 | | r. Permitting any person to use for any unlawful or |
18 | | fraudulent
purpose one's diploma or license or certificate |
19 | | of registration as a
cosmetologist, nail technician, |
20 | | esthetician, hair braider, or barber or cosmetology,
nail |
21 | | technology, esthetics, hair braiding, or barber teacher or |
22 | | salon or shop or
cosmetology clinic teacher.
|
23 | | s. Being named as a perpetrator in an indicated report |
24 | | by the Department
of Children and Family Services under the |
25 | | Abused and Neglected Child Reporting
Act and upon proof by |
26 | | clear and convincing evidence that the licensee has
caused |
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1 | | a child to be an abused child or neglected child as defined |
2 | | in the
Abused and Neglected Child Reporting Act.
|
3 | | t. Operating a salon or shop without a valid |
4 | | registration. |
5 | | u. Failure to complete required continuing education |
6 | | hours. |
7 | | (1.5) When issuing a license, the Department may consider |
8 | | an applicant's conviction or convictions but a prior conviction |
9 | | or convictions alone may not be the basis for refusing to issue |
10 | | a license unless the crime for which he or she was convicted |
11 | | directly relates to the occupation for which the license is |
12 | | sought. |
13 | | If the conviction or convictions are used as a basis for |
14 | | rejection of an application, it must be in writing and |
15 | | specifically state the evidence presented and reasons for |
16 | | rejection, which must be directly related to the licensed |
17 | | activity. The Department must consider: |
18 | | (a) the bearing, if any, the criminal offenses or |
19 | | offenses for which the person was previously convicted will |
20 | | have on his or her fitness or ability to perform one or |
21 | | more such duties and responsibilities; |
22 | | (b) the time which has elapsed since the occurrence of |
23 | | the criminal offense or offenses; |
24 | | (c) the age of the person at the time of occurrence of |
25 | | the criminal offense or offenses; |
26 | | (d) the seriousness of the offense or offenses; and |
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1 | | (e) any information produced by the person or produced |
2 | | on his or her behalf in regard to his or her rehabilitation |
3 | | and good conduct that creates a presumption of |
4 | | rehabilitation. |
5 | | For the purpose of issuance, renewal, or restoration of a |
6 | | license, completion of a sentence of imprisonment or discharge |
7 | | from probation, conditional discharge from probation, or |
8 | | periodic imprisonment shall be treated as evidence of |
9 | | rehabilitation so that all license rights and privileges |
10 | | granted under this Act, under consideration for issuance, or |
11 | | formerly revoked or suspended because of conviction of an |
12 | | offense are automatically restored unless the Department finds |
13 | | after investigation and consideration of guidelines provided |
14 | | in items (a) through (e) of this subsection (1.5) that |
15 | | restoration is not in the public interest. |
16 | | The Department shall not consider non-conviction records, |
17 | | charges that did not result in conviction, or convictions that |
18 | | are not directly related to the profession for which a license |
19 | | is sought. |
20 | | For the purposes of preliminary hearings and investigation |
21 | | in licensure determinations upon disclosure of a conviction |
22 | | history, the Department shall develop and implement policies |
23 | | that consider items (a) through (e) of this subsection (1.5) |
24 | | with suggestions as to evidence of rehabilitation provided in |
25 | | the previous paragraph of this Section. |
26 | | (2) In rendering an order, the Secretary shall take into
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1 | | consideration the facts and circumstances involving the type of |
2 | | acts
or omissions in paragraph (1) of this Section including, |
3 | | but not limited to:
|
4 | | (a) the extent to which public confidence in the |
5 | | cosmetology, nail
technology, esthetics, hair braiding, or |
6 | | barbering profession was, might have been, or may be,
|
7 | | injured;
|
8 | | (b) the degree of trust and dependence among the |
9 | | involved parties;
|
10 | | (c) the character and degree of harm which did result |
11 | | or might
have resulted;
|
12 | | (d) the intent or mental state of the licensee at the
|
13 | | time of the acts or omissions.
|
14 | | (3) The Department may reissue the license or registration |
15 | | upon
certification by the Board that the disciplined licensee |
16 | | or registrant
has complied with all of the terms and conditions |
17 | | set forth in the final
order or has been sufficiently |
18 | | rehabilitated to warrant the public trust.
|
19 | | (4) The Department shall refuse to issue or renew or |
20 | | suspend without hearing the license or
certificate of |
21 | | registration
of any person who fails to file a return, or to |
22 | | pay the tax, penalty or
interest shown in a filed return, or to |
23 | | pay any final assessment of tax,
penalty or interest, as |
24 | | required by any tax Act administered by the
Illinois Department |
25 | | of Revenue, until such time as the requirements of any
such tax |
26 | | Act are satisfied as determined by the Department of Revenue.
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1 | | (5) The Department shall deny without hearing any |
2 | | application for a
license or renewal of a license under this |
3 | | Act by a person who has defaulted on
an educational loan |
4 | | guaranteed by the Illinois Student Assistance Commission;
|
5 | | however, the Department may issue or renew a license if the |
6 | | person in default
has established a satisfactory repayment |
7 | | record as determined by the Illinois
Student Assistance |
8 | | Commission.
|
9 | | (6) All fines imposed under this Section shall be paid |
10 | | within 60 days after the effective date of the order imposing |
11 | | the fine or in accordance with the terms set forth in the order |
12 | | imposing the fine. |
13 | | (7) In cases where the Department of Healthcare and Family |
14 | | Services (formerly Department of Public Aid) has previously |
15 | | determined that a licensee is more than 30 days delinquent in |
16 | | the payment of child support and has subsequently certified the |
17 | | delinquency to the Department, the Department may refuse to |
18 | | renew or may revoke or suspend that person's license or may |
19 | | take other disciplinary or non-disciplinary action against |
20 | | that person based upon the certification of delinquency made by |
21 | | the Department of Healthcare and Family Services in accordance |
22 | | with item (5) of subsection (a) of Section 2105-15 of the |
23 | | Department of Professional Law of the Civil Administrative Code |
24 | | of Illinois unless, upon notification, the licensee |
25 | | demonstrates an inability to pay and agrees to enter into a |
26 | | reasonable payment plan. |
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1 | | Notwithstanding the provisions of this subsection (7), the |
2 | | Department may not refuse to issue a license to a potential |
3 | | licensee who is an obligor because the obligor's child support |
4 | | arrearage equals or exceeds the amount of child support payable |
5 | | for 12 months. When an occupational license is issued to an |
6 | | applicant to whom this paragraph applies, the Department shall |
7 | | send a written notice to the obligor following the issuance of |
8 | | a license, advising the obligor that the obligor's license may |
9 | | be revoked or suspended unless within 30 days of the postmarked |
10 | | date of the notice, the obligor demonstrates the inability to |
11 | | pay and enters into a reasonable payment plan. |
12 | | (Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
|
13 | | Section 25. The Illinois Public Accounting Act is amended |
14 | | by changing Section 20.01 as follows:
|
15 | | (225 ILCS 450/20.01) (from Ch. 111, par. 5521.01)
|
16 | | (Section scheduled to be repealed on January 1, 2024)
|
17 | | Sec. 20.01. Grounds for discipline; license or |
18 | | registration.
|
19 | | (a) The Department may refuse to issue or renew, or may |
20 | | revoke, suspend, or
reprimand any registration or registrant,
|
21 | | any license or licensee, place a licensee or registrant on |
22 | | probation for a period
of time subject to any conditions the |
23 | | Department may specify including requiring
the licensee or |
24 | | registrant to attend continuing education courses or to work |
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1 | | under the
supervision of another licensee or registrant, impose |
2 | | a fine not to exceed $10,000 for each
violation, restrict the |
3 | | authorized scope of practice, require a licensee
or registrant |
4 | | to undergo a peer review program, assess costs as provided for |
5 | | under Section 20.4, or take other disciplinary or |
6 | | non-disciplinary action for any one or more of the following:
|
7 | | (1) Violation of any provision of this Act or rule |
8 | | adopted by the Department under this Act or violation of |
9 | | professional standards.
|
10 | | (2) Dishonesty, fraud, or deceit in obtaining, |
11 | | reinstating, or restoring a license or registration.
|
12 | | (3) Cancellation, revocation, suspension, denial of |
13 | | licensure or registration, or refusal to renew a license or |
14 | | privileges under Section 5.2 for disciplinary reasons in |
15 | | any other U.S. jurisdiction, unit of government, or |
16 | | government agency for any cause.
|
17 | | (4) Failure, on the part of a licensee under Section 13 |
18 | | or registrant under Section 16, to maintain compliance with |
19 | | the requirements for issuance or renewal of a license or |
20 | | registration or to report changes to the Department.
|
21 | | (5) Revocation or suspension of the right to practice |
22 | | by or before any state or federal regulatory authority or |
23 | | by the Public Company Accounting Oversight Board.
|
24 | | (6) Dishonesty, fraud, deceit, or gross negligence in |
25 | | the performance of services as a licensee or registrant or |
26 | | individual granted privileges under Section 5.2.
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1 | | (7) Conviction by plea of guilty or nolo contendere, |
2 | | finding of guilt, jury verdict, or entry of judgment or |
3 | | sentencing , including, but not limited to, convictions, |
4 | | preceding sentences of supervision, conditional discharge, |
5 | | or first offender probation, under the laws of any |
6 | | jurisdiction of the United States that is (i) a felony or |
7 | | (ii) a misdemeanor, an essential element of which is |
8 | | dishonesty, or that is directly related to the practice of |
9 | | public accounting . The Department shall not deny a license |
10 | | to a potential licensee whose conviction history is |
11 | | directly related to the profession for which a license is |
12 | | sought if the Department has not considered mitigating |
13 | | factors provided in subsection (a-5) of this Section .
|
14 | | (8) Performance of any fraudulent act while holding a |
15 | | license or privilege issued under this Act or prior law.
|
16 | | (9) Practicing on a revoked, suspended, or inactive |
17 | | license or registration.
|
18 | | (10) Making or filing a report or record that the |
19 | | registrant or licensee knows to be false, willfully failing |
20 | | to file a report or record required by State or federal |
21 | | law, willfully impeding or obstructing the filing or |
22 | | inducing another person to impede or obstruct only those |
23 | | that are signed in the capacity of a licensed CPA or a |
24 | | registered CPA.
|
25 | | (11) Aiding or assisting another person in violating |
26 | | any provision of
this Act or rules promulgated hereunder.
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1 | | (12) Engaging in dishonorable, unethical, or |
2 | | unprofessional conduct of a
character likely to deceive, |
3 | | defraud, or harm the public.
|
4 | | (13) Habitual or excessive use or abuse of drugs, |
5 | | alcohol, narcotics,
stimulants, or any other substance |
6 | | that results in the inability
to practice with reasonable |
7 | | skill, judgment, or safety.
|
8 | | (14) Directly or indirectly giving to or receiving from |
9 | | any person, firm,
corporation, partnership, or association |
10 | | any fee, commission, rebate, or other
form of compensation |
11 | | for any professional service not actually rendered.
|
12 | | (15) Physical illness, including, but not limited to, |
13 | | deterioration through the
aging process or loss of motor |
14 | | skill that results in the licensee or registrant's |
15 | | inability to
practice under this Act with reasonable |
16 | | judgment, skill, or safety.
|
17 | | (16) Solicitation of professional services by using |
18 | | false or misleading
advertising.
|
19 | | (17) Any conduct reflecting adversely upon the |
20 | | licensee's fitness to perform services while a licensee or |
21 | | individual granted privileges under Section 5.2.
|
22 | | (18) Practicing or attempting to practice under a name |
23 | | other than the
full name as shown on the license or |
24 | | registration or any other legally authorized name.
|
25 | | (19) A finding by the Department that a licensee or |
26 | | registrant has not complied with a
provision of any lawful |
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1 | | order issued by the Department.
|
2 | | (20) Making a false statement to the Department
|
3 | | regarding compliance with
continuing professional |
4 | | education or peer review requirements.
|
5 | | (21) Failing to make a substantive response to a |
6 | | request for information
by the Department within 30 days of |
7 | | the request.
|
8 | | (a-5) When issuing a license, the Department may consider |
9 | | an applicant's conviction or convictions but a prior conviction |
10 | | or convictions alone may not be the basis for refusing to issue |
11 | | a license unless the crime for which he or she was convicted |
12 | | directly relates to the occupation for which the license is |
13 | | sought. |
14 | | If the conviction or convictions are used as a basis for |
15 | | rejection of an application, it must be in writing and |
16 | | specifically state the evidence presented and reasons for |
17 | | rejection, which must be directly related to the licensed |
18 | | activity. The Department must consider: |
19 | | (1) the bearing, if any, the criminal offenses or |
20 | | offenses for which the person was previously convicted will |
21 | | have on his or her fitness or ability to perform one or |
22 | | more such duties and responsibilities; |
23 | | (2) the time which has elapsed since the occurrence of |
24 | | the criminal offense or offenses; |
25 | | (3) the age of the person at the time of occurrence of |
26 | | the criminal offense or offenses; |
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1 | | (4) the seriousness of the offense or offenses; and |
2 | | (5) any information produced by the person or produced |
3 | | on his or her behalf in regard to his or her rehabilitation |
4 | | and good conduct that creates a presumption of |
5 | | rehabilitation. |
6 | | For the purpose of issuance, renewal, or restoration of a |
7 | | license, completion of a sentence of imprisonment or discharge |
8 | | from probation, conditional discharge from probation, or |
9 | | periodic imprisonment shall be treated as evidence of |
10 | | rehabilitation so that all license rights and privileges |
11 | | granted under this Act, under consideration for issuance, or |
12 | | formerly revoked or suspended because of conviction of an |
13 | | offense are automatically restored unless the Department finds |
14 | | after investigation and consideration of guidelines provided |
15 | | in items (1) through (5) of this subsection (a-5) that |
16 | | restoration is not in the public interest. |
17 | | The Department shall not consider non-conviction records, |
18 | | charges that did not result in conviction, or convictions that |
19 | | are not directly related to the profession for which a license |
20 | | is sought. |
21 | | For the purposes of preliminary hearings and investigation |
22 | | in licensure determinations upon disclosure of a conviction |
23 | | history, the Department shall develop and implement policies |
24 | | that consider items (1) through (5) of this subsection (a-5) |
25 | | with suggestions as to evidence of rehabilitation provided in |
26 | | the previous paragraph of this Section. |
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1 | | (b) (Blank).
|
2 | | (b-5) All fines or costs imposed under this Section shall |
3 | | be paid within 60 days after the effective date of the order |
4 | | imposing the fine or costs or in accordance with the terms set |
5 | | forth in the order imposing the fine or cost. |
6 | | (c) In cases where the Department of Healthcare and Family |
7 | | Services has previously determined a licensee or a potential |
8 | | licensee is more than 30 days delinquent in the payment of |
9 | | child support and has subsequently certified the delinquency to |
10 | | the Department, the Department may refuse to issue or renew or |
11 | | may revoke or suspend that person's license or may take other |
12 | | disciplinary or non-disciplinary action against that person |
13 | | based solely upon the certification of delinquency made by the |
14 | | Department of Healthcare and Family Services in accordance with |
15 | | item (5) of subsection (a) of Section 2105-15 of the Department |
16 | | of Professional Regulation Law of the Civil Administrative Code |
17 | | of Illinois unless, upon notification, the licensee |
18 | | demonstrates an inability to pay and agrees to enter into a |
19 | | reasonable payment plan. |
20 | | Notwithstanding the provisions of this subsection, the |
21 | | Department may not refuse to issue a license to a potential |
22 | | licensee who is an obligor because the obligor's child support |
23 | | arrearage equals or exceeds the amount of child support payable |
24 | | for 12 months. When an occupational license is issued to an |
25 | | applicant to whom this paragraph applies, the Department shall |
26 | | send a written notice to the obligor following the issuance of |
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1 | | a license, advising the obligor that the obligor's license may |
2 | | be revoked or suspended unless within 30 days of the postmarked |
3 | | date of the notice, the obligor demonstrates the inability to |
4 | | pay and enters into a reasonable payment plan .
|
5 | | (d) The Department may refuse to issue or may suspend |
6 | | without hearing, as provided for in the Code of Civil |
7 | | Procedure, the license or registration of any person who fails |
8 | | to file a return, to pay a tax, penalty, or interest shown in a |
9 | | filed return, or to pay any final assessment of tax, penalty, |
10 | | or interest, as required by any tax Act administered by the |
11 | | Illinois Department of Revenue, until such time as the |
12 | | requirements of any such tax Act are satisfied in accordance |
13 | | with subsection (g) of Section 2105-15 of the Department of |
14 | | Professional Regulation Law of the Civil Administrative Code of |
15 | | Illinois.
|
16 | | (e) The Department shall deny any application for a |
17 | | license, registration, or renewal,
without hearing, to any |
18 | | person who has defaulted on an educational loan
guaranteed by |
19 | | the Illinois Student Assistance Commission; however, the
|
20 | | Department
may issue a license, registration, or renewal if the |
21 | | person in default has
established a satisfactory repayment |
22 | | record as determined by the Illinois
Student Assistance |
23 | | Commission.
|
24 | | (f) The determination by a court that a licensee or |
25 | | registrant is subject to involuntary
admission or judicial |
26 | | admission as provided in the Mental Health and
Developmental |
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1 | | Disabilities Code will result in the automatic suspension of |
2 | | his
or her license or registration. The licensee or registrant |
3 | | shall be responsible for notifying the Department of the |
4 | | determination by the court that the licensee or registrant is |
5 | | subject to involuntary admission or judicial admission as |
6 | | provided in the Mental Health and Developmental Disabilities |
7 | | Code. The suspension shall end only upon a finding by a court |
8 | | that the patient is no longer subject to involuntary admission |
9 | | or judicial admission, the issuance of an order so finding and |
10 | | discharging the patient, and the filing of a petition for |
11 | | restoration demonstrating fitness to practice.
|
12 | | (g) In enforcing this Section, the Department, upon a |
13 | | showing of a possible violation, may compel, any licensee or |
14 | | registrant or any individual who has applied for licensure |
15 | | under this Act, to submit to a mental or physical examination |
16 | | and evaluation, or both, which may include a substance abuse or |
17 | | sexual offender evaluation, at the expense of the Department. |
18 | | The Department shall specifically designate the examining |
19 | | physician licensed to practice medicine in all of its branches |
20 | | or, if applicable, the multidisciplinary team involved in |
21 | | providing the mental or physical examination and evaluation, or |
22 | | both. The multidisciplinary team shall be led by a physician |
23 | | licensed to practice medicine in all of its branches and may |
24 | | consist of one or more or a combination of physicians licensed |
25 | | to practice medicine in all of its branches, licensed |
26 | | chiropractic physicians, licensed clinical psychologists, |
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1 | | licensed clinical social workers, licensed clinical |
2 | | professional counselors, and other professional and |
3 | | administrative staff. Any examining physician or member of the |
4 | | multidisciplinary team may require any person ordered to submit |
5 | | to an examination and evaluation under this Section to submit |
6 | | to any additional supplemental testing deemed necessary to |
7 | | complete any examination or evaluation process, including, but |
8 | | not limited to, blood testing, urinalysis, psychological |
9 | | testing, or neuropsychological testing. The Department may |
10 | | order the examining physician or any member of the |
11 | | multidisciplinary team to provide to the Department any and all |
12 | | records, including business records, that relate to the |
13 | | examination and evaluation, including any supplemental testing |
14 | | performed. The Department may order the examining physician or |
15 | | any member of the multidisciplinary team to present testimony |
16 | | concerning this examination and evaluation of the licensee, |
17 | | registrant, or applicant, including testimony concerning any |
18 | | supplemental testing or documents relating to the examination |
19 | | and evaluation. No information, report, record, or other |
20 | | documents in any way related to the examination and evaluation |
21 | | shall be excluded by reason of any common law or statutory |
22 | | privilege relating to communication between the licensee, |
23 | | registrant, or applicant and the examining physician or any |
24 | | member of the multidisciplinary team. No authorization is |
25 | | necessary from the individual ordered to undergo an evaluation |
26 | | and examination for the examining physician or any member of |
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1 | | the multidisciplinary team to provide information, reports, |
2 | | records, or other documents or to provide any testimony |
3 | | regarding the examination and evaluation. |
4 | | The individual to be examined may have, at his or her own |
5 | | expense, another physician of his or her choice present during |
6 | | all aspects of the examination. Failure of any individual to |
7 | | submit to mental or physical examination and evaluation, or |
8 | | both, when directed, shall result in an automatic suspension, |
9 | | without hearing, until such time as the individual submits to |
10 | | the examination. If the Department finds a licensee, |
11 | | registrant, or applicant unable to practice because of the |
12 | | reasons set forth in this Section, the Department shall require |
13 | | such licensee, registrant, or applicant to submit to care, |
14 | | counseling, or treatment by physicians approved or designated |
15 | | by the Department, as a condition for continued, reinstated, or |
16 | | renewed licensure to practice. |
17 | | When the Secretary immediately suspends a license or |
18 | | registration under this Section, a hearing upon such person's |
19 | | license or registration must be convened by the Department |
20 | | within 15 days after such suspension and completed without |
21 | | appreciable delay. The Department shall have the authority to |
22 | | review the subject's record of treatment and counseling |
23 | | regarding the impairment, to the extent permitted by applicable |
24 | | federal statutes and regulations safeguarding the |
25 | | confidentiality of medical records. |
26 | | Individuals licensed or registered under this Act, |
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1 | | affected under this Section, shall be afforded an opportunity |
2 | | to demonstrate to the Department that they can resume practice |
3 | | in compliance with acceptable and prevailing standards under |
4 | | the provisions of their license or registration. |
5 | | (Source: P.A. 98-254, eff. 8-9-13.)
|
6 | | Section 30. The Real Estate License Act of 2000 is amended |
7 | | by changing Section 20-20 as follows:
|
8 | | (225 ILCS 454/20-20)
|
9 | | (Section scheduled to be repealed on January 1, 2020)
|
10 | | Sec. 20-20. Grounds for discipline. |
11 | | (a) The Department may refuse to issue or renew a license, |
12 | | may place on probation, suspend,
or
revoke any
license, |
13 | | reprimand, or take any other disciplinary or non-disciplinary |
14 | | action as the Department may deem proper and impose a
fine not |
15 | | to exceed
$25,000 upon any licensee or applicant under this Act |
16 | | or any person who holds himself or herself out as an applicant |
17 | | or licensee or against a licensee in handling his or her own |
18 | | property, whether held by deed, option, or otherwise, for any |
19 | | one or any combination of the
following causes:
|
20 | | (1) Fraud or misrepresentation in applying for, or |
21 | | procuring, a license under this Act or in connection with |
22 | | applying for renewal of a license under this Act.
|
23 | | (2) The conviction of or plea of guilty or plea of nolo |
24 | | contendere to a felony or misdemeanor in this State or any |
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1 | | other jurisdiction ; or the entry of an administrative |
2 | | sanction by a government agency in this State or any other |
3 | | jurisdiction. Action taken under this paragraph (2) for a |
4 | | misdemeanor or an administrative sanction is limited to a |
5 | | misdemeanor or administrative sanction that has as an
|
6 | | essential element dishonesty or fraud or involves larceny, |
7 | | embezzlement,
or obtaining money, property, or credit by |
8 | | false pretenses or by means of a
confidence
game . The |
9 | | Department shall not deny a license to a potential licensee |
10 | | whose conviction history is directly related to the |
11 | | profession for which a license is sought if the Department |
12 | | has not considered mitigating factors provided in Section |
13 | | 5-25 of this Act .
|
14 | | (3) Inability to practice the profession with |
15 | | reasonable judgment, skill, or safety as a result of a |
16 | | physical illness, including, but not limited to, |
17 | | deterioration through the aging process or loss of motor |
18 | | skill, or a mental illness or disability.
|
19 | | (4) Practice under this Act as a licensee in a retail |
20 | | sales establishment from an office, desk, or space that
is |
21 | | not
separated from the main retail business by a separate |
22 | | and distinct area within
the
establishment.
|
23 | | (5) Having been disciplined by another state, the |
24 | | District of Columbia, a territory, a foreign nation, or a |
25 | | governmental agency authorized to impose discipline if at |
26 | | least one of the grounds for that discipline is the same as |
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1 | | or
the
equivalent of one of the grounds for which a |
2 | | licensee may be disciplined under this Act. A certified |
3 | | copy of the record of the action by the other state or |
4 | | jurisdiction shall be prima facie evidence thereof.
|
5 | | (6) Engaging in the practice of real estate brokerage
|
6 | | without a
license or after the licensee's license was |
7 | | expired or while the license was
inoperative.
|
8 | | (7) Cheating on or attempting to subvert the Real
|
9 | | Estate License Exam or continuing education exam. |
10 | | (8) Aiding or abetting an applicant
to
subvert or cheat |
11 | | on the Real Estate License Exam or continuing education |
12 | | exam
administered pursuant to this Act.
|
13 | | (9) Advertising that is inaccurate, misleading, or |
14 | | contrary to the provisions of the Act.
|
15 | | (10) Making any substantial misrepresentation or |
16 | | untruthful advertising.
|
17 | | (11) Making any false promises of a character likely to |
18 | | influence,
persuade,
or induce.
|
19 | | (12) Pursuing a continued and flagrant course of |
20 | | misrepresentation or the
making
of false promises through |
21 | | licensees, employees, agents, advertising, or
otherwise.
|
22 | | (13) Any misleading or untruthful advertising, or |
23 | | using any trade name or
insignia of membership in any real |
24 | | estate organization of which the licensee is
not a member.
|
25 | | (14) Acting for more than one party in a transaction |
26 | | without providing
written
notice to all parties for whom |
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1 | | the licensee acts.
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2 | | (15) Representing or attempting to represent a broker |
3 | | other than the
sponsoring broker.
|
4 | | (16) Failure to account for or to remit any moneys or |
5 | | documents coming into
his or her possession that belong to |
6 | | others.
|
7 | | (17) Failure to maintain and deposit in a special |
8 | | account, separate and
apart from
personal and other |
9 | | business accounts, all escrow moneys belonging to others
|
10 | | entrusted to a licensee
while acting as a broker, escrow |
11 | | agent, or temporary custodian of
the funds of others or
|
12 | | failure to maintain all escrow moneys on deposit in the |
13 | | account until the
transactions are
consummated or |
14 | | terminated, except to the extent that the moneys, or any |
15 | | part
thereof, shall be: |
16 | | (A)
disbursed prior to the consummation or |
17 | | termination (i) in accordance with
the
written |
18 | | direction of
the principals to the transaction or their |
19 | | duly authorized agents, (ii) in accordance with
|
20 | | directions providing for the
release, payment, or |
21 | | distribution of escrow moneys contained in any written
|
22 | | contract signed by the
principals to the transaction or |
23 | | their duly authorized agents,
or (iii)
pursuant to an |
24 | | order of a court of competent
jurisdiction; or |
25 | | (B) deemed abandoned and transferred to the Office |
26 | | of the State Treasurer to be handled as unclaimed |
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1 | | property pursuant to the Uniform Disposition of |
2 | | Unclaimed Property Act. Escrow moneys may be deemed |
3 | | abandoned under this subparagraph (B) only: (i) in the |
4 | | absence of disbursement under subparagraph (A); (ii) |
5 | | in the absence of notice of the filing of any claim in |
6 | | a court of competent jurisdiction; and (iii) if 6 |
7 | | months have elapsed after the receipt of a written |
8 | | demand for the escrow moneys from one of the principals |
9 | | to the transaction or the principal's duly authorized |
10 | | agent.
|
11 | | The account
shall be noninterest
bearing, unless the |
12 | | character of the deposit is such that payment of interest
|
13 | | thereon is otherwise
required by law or unless the |
14 | | principals to the transaction specifically
require, in |
15 | | writing, that the
deposit be placed in an interest bearing |
16 | | account.
|
17 | | (18) Failure to make available to the Department all |
18 | | escrow records and related documents
maintained in |
19 | | connection
with the practice of real estate within 24 hours |
20 | | of a request for those
documents by Department personnel.
|
21 | | (19) Failing to furnish copies upon request of |
22 | | documents relating to a
real
estate transaction to a party |
23 | | who has executed that document.
|
24 | | (20) Failure of a sponsoring broker to timely provide |
25 | | information, sponsor
cards,
or termination of licenses to |
26 | | the Department.
|
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1 | | (21) Engaging in dishonorable, unethical, or |
2 | | unprofessional conduct of a
character
likely to deceive, |
3 | | defraud, or harm the public.
|
4 | | (22) Commingling the money or property of others with |
5 | | his or her own money or property.
|
6 | | (23) Employing any person on a purely temporary or |
7 | | single deal basis as a
means
of evading the law regarding |
8 | | payment of commission to nonlicensees on some
contemplated
|
9 | | transactions.
|
10 | | (24) Permitting the use of his or her license as a |
11 | | broker to enable a
leasing agent or
unlicensed person to |
12 | | operate a real estate business without actual
|
13 | | participation therein and control
thereof by the broker.
|
14 | | (25) Any other conduct, whether of the same or a |
15 | | different character from
that
specified in this Section, |
16 | | that constitutes dishonest dealing.
|
17 | | (26) Displaying a "for rent" or "for sale" sign on any |
18 | | property without
the written
consent of an owner or his or |
19 | | her duly authorized agent or advertising by any
means that |
20 | | any property is
for sale or for rent without the written |
21 | | consent of the owner or his or her
authorized agent.
|
22 | | (27) Failing to provide information requested by the |
23 | | Department, or otherwise respond to that request, within 30 |
24 | | days of
the
request.
|
25 | | (28) Advertising by means of a blind advertisement, |
26 | | except as otherwise
permitted in Section 10-30 of this Act.
|
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1 | | (29) Offering guaranteed sales plans, as defined in |
2 | | clause (A) of
this subdivision (29), except to
the extent |
3 | | hereinafter set forth:
|
4 | | (A) A "guaranteed sales plan" is any real estate |
5 | | purchase or sales plan
whereby a licensee enters into a |
6 | | conditional or unconditional written contract
with a |
7 | | seller, prior to entering into a brokerage agreement |
8 | | with the seller, by the
terms of which a licensee |
9 | | agrees to purchase a property of the seller within a
|
10 | | specified period of time
at a specific price in the |
11 | | event the property is not sold in accordance with
the |
12 | | terms of a brokerage agreement to be entered into |
13 | | between the sponsoring broker and the seller.
|
14 | | (B) A licensee offering a guaranteed sales plan |
15 | | shall provide the
details
and conditions of the plan in |
16 | | writing to the party to whom the plan is
offered.
|
17 | | (C) A licensee offering a guaranteed sales plan |
18 | | shall provide to the
party
to whom the plan is offered |
19 | | evidence of sufficient financial resources to
satisfy |
20 | | the commitment to
purchase undertaken by the broker in |
21 | | the plan.
|
22 | | (D) Any licensee offering a guaranteed sales plan |
23 | | shall undertake to
market the property of the seller |
24 | | subject to the plan in the same manner in
which the |
25 | | broker would
market any other property, unless the |
26 | | agreement with the seller provides
otherwise.
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1 | | (E) The licensee cannot purchase seller's property |
2 | | until the brokerage agreement has ended according to |
3 | | its terms or is otherwise terminated. |
4 | | (F) Any licensee who fails to perform on a |
5 | | guaranteed sales plan in
strict accordance with its |
6 | | terms shall be subject to all the penalties provided
in |
7 | | this Act for
violations thereof and, in addition, shall |
8 | | be subject to a civil fine payable
to the party injured |
9 | | by the
default in an amount of up to $25,000.
|
10 | | (30) Influencing or attempting to influence, by any |
11 | | words or acts, a
prospective
seller, purchaser, occupant, |
12 | | landlord, or tenant of real estate, in connection
with |
13 | | viewing, buying, or
leasing real estate, so as to promote |
14 | | or tend to promote the continuance
or maintenance of
|
15 | | racially and religiously segregated housing or so as to |
16 | | retard, obstruct, or
discourage racially
integrated |
17 | | housing on or in any street, block, neighborhood, or |
18 | | community.
|
19 | | (31) Engaging in any act that constitutes a violation |
20 | | of any provision of
Article 3 of the Illinois Human Rights |
21 | | Act, whether or not a complaint has
been filed with or
|
22 | | adjudicated by the Human Rights Commission.
|
23 | | (32) Inducing any party to a contract of sale or lease |
24 | | or brokerage
agreement to
break the contract of sale or |
25 | | lease or brokerage agreement for the purpose of
|
26 | | substituting, in lieu
thereof, a new contract for sale or |
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1 | | lease or brokerage agreement with a third
party.
|
2 | | (33) Negotiating a sale, exchange, or lease of real |
3 | | estate directly with
any person
if the licensee knows that |
4 | | the person has an exclusive brokerage
agreement with |
5 | | another
broker, unless specifically authorized by that |
6 | | broker.
|
7 | | (34) When a licensee is also an attorney, acting as the |
8 | | attorney for
either the
buyer or the seller in the same |
9 | | transaction in which the licensee is acting or
has acted as |
10 | | a managing broker
or broker.
|
11 | | (35) Advertising or offering merchandise or services |
12 | | as free if any
conditions or
obligations necessary for |
13 | | receiving the merchandise or services are not
disclosed in |
14 | | the same
advertisement or offer. These conditions or |
15 | | obligations include without
limitation the
requirement |
16 | | that the recipient attend a promotional activity or visit a |
17 | | real
estate site. As used in this
subdivision (35), "free" |
18 | | includes terms such as "award", "prize", "no charge",
"free |
19 | | of charge",
"without charge", and similar words or phrases |
20 | | that reasonably lead a person to
believe that he or she
may |
21 | | receive or has been selected to receive something of value, |
22 | | without any
conditions or
obligations on the part of the |
23 | | recipient.
|
24 | | (36) Disregarding or violating any provision of the |
25 | | Land Sales
Registration Act of 1989, the Illinois Real |
26 | | Estate
Time-Share Act, or the published rules promulgated |
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1 | | by the Department to enforce
those Acts.
|
2 | | (37) Violating the terms of a disciplinary order
issued |
3 | | by the Department.
|
4 | | (38) Paying or failing to disclose compensation in |
5 | | violation of Article 10 of this Act.
|
6 | | (39) Requiring a party to a transaction who is not a |
7 | | client of the
licensee
to allow the licensee to retain a |
8 | | portion of the escrow moneys for payment of
the licensee's |
9 | | commission or expenses as a condition for release of the |
10 | | escrow
moneys to that party.
|
11 | | (40) Disregarding or violating any provision of this |
12 | | Act or the published
rules
promulgated by the Department to |
13 | | enforce this Act or aiding or abetting any individual,
|
14 | | partnership, registered limited liability partnership, |
15 | | limited liability
company, or corporation in
disregarding |
16 | | any provision of this Act or the published rules |
17 | | promulgated by the Department
to enforce this Act.
|
18 | | (41) Failing to provide the minimum services required |
19 | | by Section 15-75 of this Act when acting under an exclusive |
20 | | brokerage agreement.
|
21 | | (42) Habitual or excessive use or addiction to alcohol, |
22 | | narcotics, stimulants, or any other chemical agent or drug |
23 | | that results in a managing broker, broker, or leasing |
24 | | agent's inability to practice with reasonable skill or |
25 | | safety. |
26 | | (43) Enabling, aiding, or abetting an auctioneer, as |
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1 | | defined in the Auction License Act, to conduct a real |
2 | | estate auction in a manner that is in violation of this |
3 | | Act. |
4 | | (a-5) When issuing a license, the Department may consider |
5 | | an applicant's conviction or convictions but a prior conviction |
6 | | or convictions alone may not be the basis for refusing to issue |
7 | | a license unless the crime for which he or she was convicted |
8 | | directly relates to the occupation for which the license is |
9 | | sought. |
10 | | If the conviction or convictions are used as a basis for |
11 | | rejection of an application, it must be in writing and |
12 | | specifically state the evidence presented and reasons for |
13 | | rejection, which must be directly related to the licensed |
14 | | activity. The Department must consider: |
15 | | (1) the bearing, if any, the criminal offenses or |
16 | | offenses for which the person was previously convicted will |
17 | | have on his or her fitness or ability to perform one or |
18 | | more such duties and responsibilities; |
19 | | (2) the time which has elapsed since the occurrence of |
20 | | the criminal offense or offenses; |
21 | | (3) the age of the person at the time of occurrence of |
22 | | the criminal offense or offenses; |
23 | | (4) the seriousness of the offense or offenses; and |
24 | | (5) any information produced by the person or produced |
25 | | on his or her behalf in regard to his or her rehabilitation |
26 | | and good conduct that creates a presumption of |
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1 | | rehabilitation. |
2 | | For the purpose of issuance, renewal, or restoration of a |
3 | | license, completion of a sentence of imprisonment or discharge |
4 | | from probation, conditional discharge from probation, or |
5 | | periodic imprisonment shall be treated as evidence of |
6 | | rehabilitation so that all license rights and privileges |
7 | | granted under this Act, under consideration for issuance, or |
8 | | formerly revoked or suspended because of conviction of an |
9 | | offense are automatically restored unless the Department finds |
10 | | after investigation and consideration of guidelines provided |
11 | | in items (1) through (5) of this subsection (a-5) that |
12 | | restoration is not in the public interest. |
13 | | The Department shall not consider non-conviction records, |
14 | | charges that did not result in conviction, or convictions that |
15 | | are not directly related to the profession for which a license |
16 | | is sought. |
17 | | For the purposes of preliminary hearings and investigation |
18 | | in licensure determinations upon disclosure of a conviction |
19 | | history, the Department shall develop and implement policies |
20 | | that consider items (1) through (5) of this subsection (a-5) |
21 | | with suggestions as to evidence of rehabilitation provided in |
22 | | the previous paragraph of this Section. |
23 | | (b) The Department may refuse to issue or renew or may |
24 | | suspend the license of any person who fails to file a return, |
25 | | pay the tax, penalty or interest shown in a filed return, or |
26 | | pay any final assessment of tax, penalty, or interest, as |
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1 | | required by any tax Act administered by the Department of |
2 | | Revenue, until such time as the requirements of that tax Act |
3 | | are satisfied in accordance with subsection (g) of Section |
4 | | 2105-15 of the Civil Administrative Code of Illinois. |
5 | | (c) The Department shall deny a license or renewal |
6 | | authorized by this Act to a person who has defaulted on an |
7 | | educational loan or scholarship provided or guaranteed by the |
8 | | Illinois Student Assistance Commission or any governmental |
9 | | agency of this State in accordance with item (5) of subsection |
10 | | (a) of Section 2105-15 of the Civil Administrative Code of |
11 | | Illinois. |
12 | | (d) In cases where the Department of Healthcare and Family |
13 | | Services (formerly Department of Public Aid) has previously |
14 | | determined that a licensee or a potential licensee is more than |
15 | | 30 days delinquent in the payment of child support and has |
16 | | subsequently certified the delinquency to the Department may |
17 | | refuse to issue or renew or may revoke or suspend that person's |
18 | | license or may take other disciplinary action against that |
19 | | person based solely upon the certification of delinquency made |
20 | | by the Department of Healthcare and Family Services in |
21 | | accordance with item (5) of subsection (a) of Section 2105-15 |
22 | | of the Civil Administrative Code of Illinois unless, upon |
23 | | notification, the licensee demonstrates an inability to pay and |
24 | | agrees to enter into a reasonable payment plan . |
25 | | Notwithstanding the provisions of this subsection, the |
26 | | Department may not refuse to issue a license to a potential |
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1 | | licensee who is an obligor because the obligor's child support |
2 | | arrearage equals or exceeds the amount of child support payable |
3 | | for 12 months. When an occupational license is issued to an |
4 | | applicant to whom this paragraph applies, the Department shall |
5 | | send a written notice to the obligor following the issuance of |
6 | | a license, advising the obligor that the obligor's license may |
7 | | be revoked or suspended unless within 30 days of the postmarked |
8 | | date of the notice, the obligor demonstrates the inability to |
9 | | pay and enters into a reasonable payment plan. |
10 | | (e) In enforcing this Section, the Department or Board upon |
11 | | a showing of a possible violation may compel an individual |
12 | | licensed to practice under this Act, or who has applied for |
13 | | licensure under this Act, to submit to a mental or physical |
14 | | examination, or both, as required by and at the expense of the |
15 | | Department. The Department or Board may order the examining |
16 | | physician to present testimony concerning the mental or |
17 | | physical examination of the licensee or applicant. No |
18 | | information shall be excluded by reason of any common law or |
19 | | statutory privilege relating to communications between the |
20 | | licensee or applicant and the examining physician. The |
21 | | examining physicians shall be specifically designated by the |
22 | | Board or Department. The individual to be examined may have, at |
23 | | his or her own expense, another physician of his or her choice |
24 | | present during all aspects of this examination. Failure of an |
25 | | individual to submit to a mental or physical examination, when |
26 | | directed, shall be grounds for suspension of his or her license |
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1 | | until the individual submits to the examination if the |
2 | | Department finds, after notice and hearing, that the refusal to |
3 | | submit to the examination was without reasonable cause. |
4 | | If the Department or Board finds an individual unable to |
5 | | practice because of the reasons set forth in this Section, the |
6 | | Department or Board may require that individual to submit to |
7 | | care, counseling, or treatment by physicians approved or |
8 | | designated by the Department or Board, as a condition, term, or |
9 | | restriction for continued, reinstated, or renewed licensure to |
10 | | practice; or, in lieu of care, counseling, or treatment, the |
11 | | Department may file, or the Board may recommend to the |
12 | | Department to file, a complaint to immediately suspend, revoke, |
13 | | or otherwise discipline the license of the individual. An |
14 | | individual whose license was granted, continued, reinstated, |
15 | | renewed, disciplined or supervised subject to such terms, |
16 | | conditions, or restrictions, and who fails to comply with such |
17 | | terms, conditions, or restrictions, shall be referred to the |
18 | | Secretary for a determination as to whether the individual |
19 | | shall have his or her license suspended immediately, pending a |
20 | | hearing by the Department. |
21 | | In instances in which the Secretary immediately suspends a |
22 | | person's license under this Section, a hearing on that person's |
23 | | license must be convened by the Department within 30 days after |
24 | | the suspension and completed without appreciable delay. The |
25 | | Department and Board shall have the authority to review the |
26 | | subject individual's record of treatment and counseling |
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1 | | regarding the impairment to the extent permitted by applicable |
2 | | federal statutes and regulations safeguarding the |
3 | | confidentiality of medical records. |
4 | | An individual licensed under this Act and affected under |
5 | | this Section shall be afforded an opportunity to demonstrate to |
6 | | the Department or Board that he or she can resume practice in |
7 | | compliance with acceptable and prevailing standards under the |
8 | | provisions of his or her license. |
9 | | (Source: P.A. 98-553, eff. 1-1-14; 98-756, eff. 7-16-14; |
10 | | 99-227, eff. 8-3-15.)".
|