Illinois General Assembly - Full Text of HB2538
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB2538  102nd General Assembly




HB2538 EngrossedLRB102 14077 SPS 19429 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5General Contractors Licensing Act.
6    Section 5. Legislative intent. The intent of the General
7Assembly in enacting this Act is to evaluate the competency of
8persons engaged in general contracting and to license and
9regulate those persons for the protection of the public.
10    Section 10. Definitions. As used in this Act:
11    "Address of record" means the designated address recorded
12by the Department in the applicant's application file or
13licensee's licensure file as maintained by the Department.
14    "Board" means the General Contractor Board.
15    "Department" means the Department of Financial and
16Professional Regulation.
17    "Email address of record" means the designated email
18address of record by the Department in the applicant's
19application file or licensee's licensure file as maintained by
20the Department.
21    "General contracting" means (i) any activity requiring a
22license under this Act; (ii) any conduct regulated by this



HB2538 Engrossed- 2 -LRB102 14077 SPS 19429 b

1Act; (iii) any activity requiring a county or municipal
2building permit; or (iv) any duty or other requirement imposed
3by this Act.
4    "General contractor" means any person who, as an
5investment or for compensation or with the intent to sell or to
6lease: (i) arranges or submits a bid or offers to undertake or
7purports to have the capacity to undertake or undertakes,
8through himself, herself, or others, to erect, construct,
9alter, repair, move, install, replace, convert, remodel,
10rehabilitate, modernize, improve, or make additions to any
11building or to any appurtenance thereto attached to real
12estate and located on the same lot as the building, including,
13but not limited to, driveways, swimming pools, porches, decks,
14garages, fences, fallout shelters, and other accessory objects
15or uses; (ii) retains for himself or herself control over the
16means, method, and manner of accomplishing the desired result;
17and (iii) whose business operations, in whole or in part,
18require the hiring or supervision of one or more persons from
19any building trade or craft, including, but not limited to,
20plumbing, masonry, electrical, heating, air conditioning, or
21carpentry. "General contractor" includes developers of
22conversion condominiums as defined in the Condominium Property
24    "Licensee" means any person licensed under this Act.
25    "Secretary" means the Secretary of Financial and
26Professional Regulation or his or her designee, including, but



HB2538 Engrossed- 3 -LRB102 14077 SPS 19429 b

1not limited to, the Director of Professional Regulation.
2    Section 15. Title.
3    (a) No person shall use the title "general contractor"
4without being so licensed by the Department.
5    (b) Nothing in this Act shall be construed as preventing
6or restricting the offering, advertising, or providing of
7services defined as general contracting under this Act by an
8individual not licensed under this Act.
9    Section 20. Display of license. Every holder of a general
10contractor license shall display a copy of his or her license
11in a conspicuous place in his or her principal office or place
12of business and at each site at which the licensee is engaged
13in general contracting.
14    Section 25. Address of record; email address of record.
15All applicants and licensees shall:
16    (1) provide a valid address and email address to the
17Department, which shall serve as the address of record and
18email address of record, respectively, at the time of
19application for licensure or renewal of licensure; and
20    (2) inform the Department of any change of address of
21record or email address of record within 14 days after such
22change either through the Department's website or by
23contacting the Department.



HB2538 Engrossed- 4 -LRB102 14077 SPS 19429 b

1    Section 30. General Contractor Board.
2    (a) Within 90 days after the effective date of this Act,
3the Secretary shall appoint a General Contractor Board
4consisting of 9 members. Seven members shall be licensed
5general contractors, with initial appointees meeting the
6qualifications for licensure set forth in this Act as
7determined by the Department. Of the general contractors, 3
8shall be residents of Chicago and 4 shall be residents of other
9parts of the State. In addition to the 7 general contractors,
10there shall be 2 public members of the Board. The public
11members shall be voting members and shall not be licensed
12under this Act or any other design and construction profession
13licensing Act that the Department administers.
14    (b) Board members shall serve 4-year terms, except that in
15the case of initial appointments, terms shall be staggered as
16follows: 2 members shall serve for 4 years, 3 members shall
17serve for 3 years, and 4 members shall serve for 2 years. The
18Board shall annually elect a chairperson and vice chairperson.
19All board members must be residents of this State.
20    (c) Appointments to fill vacancies shall be made in the
21same manner as initial appointments.
22    (d) A majority of members of the Board shall constitute a
23quorum. A quorum is required for Board decisions.
24    (e) Members of the Board shall serve without compensation,
25but may, at the discretion of the Department, be reimbursed



HB2538 Engrossed- 5 -LRB102 14077 SPS 19429 b

1for expenses incurred in performing their duties.
2    Section 35. Powers and duties of the Board.
3    (a) The Board shall hold at least one meeting each year,
4conducted in accordance with the Open Meetings Act.
5    (b) The Board shall annually elect a chairperson and a
6vice chairperson who shall be general contractors.
7    (c) The Department may, at any time, seek the expert
8advice and knowledge of the Board on any matter relating to the
9enforcement of this Act, including qualifications of
10applicants for licensure.
11    Section 40. Powers and duties of the Department. The
12Department shall exercise, subject to the provisions of this
13Act, the following functions, powers, and duties:
14        (1) Authorize examinations to ascertain the fitness
15    and qualifications of applicants for licensure and pass
16    upon the qualifications and fitness of applicants for
17    licensure by endorsement.
18        (2) Adopt rules and regulations required for the
19    administration of this Act.
20        (3) Conduct hearings on proceedings to refuse to
21    issue, renew, or restore licensure; to revoke or suspend
22    licensure; or to place on probation or reprimand persons
23    licensed under this Act.
24        (4) Adopt rules to establish what constitutes an



HB2538 Engrossed- 6 -LRB102 14077 SPS 19429 b

1    approved general contractor education program.
2        (5) Issue licenses to those who meet the requirements
3    of this Act.
4        (6) Conduct investigations related to possible
5    violations of this Act.
6    Section 45. Application for licensure.
7    (a) Applications for licensure shall be made to the
8Department in writing on forms or electronically as prescribed
9by the Department and shall be accompanied by the required
10fee, which shall not be refundable. All applications shall
11contain information that, in the judgment of the Department,
12enables the Department to pass on the qualifications of the
13applicant for licensure as a general contractor.
14    (b) Applicants have 3 years from the date of application
15to complete the application process. If the process has not
16been completed in 3 years, the application shall be denied,
17the fee shall be forfeited, and the applicant must reapply and
18meet the requirements in effect at the time of reapplication.
19    (c) Applicants must provide evidence that they have
20completed at least 12 hours in an approved course in dwelling
21construction within one year prior to the date of application.
22The course shall include instruction in at least the following
23subject matter and one or more tests on at least the following
24subject matter:
25        (1) construction laws;



HB2538 Engrossed- 7 -LRB102 14077 SPS 19429 b

1        (2) construction codes;
2        (3) construction business practices;
3        (4) prevention of wage theft; and
4        (5) selection of subcontractors.
5    Section 50. License classifications.
6    (a) General contractor licenses shall be divided into
7classifications depending on the cost of the work as follows:
8        (1) Class A. The holder of a Class A license is subject
9    to no limitation as to the value of any single contract
10    project. The license fee for a Class A license is $2,000
11    annually.
12        (2) Class B. The holder of a Class B license is not
13    entitled to engage in the construction of any single
14    contract project of a value in excess of $10,000,000. The
15    license fee for a Class B license is $1,000 annually.
16        (3) Class C. The holder of a Class C license is not
17    entitled to engage in the construction of any single
18    contract project of a value in excess of $5,000,000. The
19    license fee for a Class C license is $750 annually.
20        (4) Class D. The holder of a Class D license is not
21    entitled to engage in the construction of any single
22    contract project of a value in excess of $2,000,000. The
23    license fee for a Class D license is $500 annually.
24        (5) Class E. The holder of a Class E license is not
25    entitled to engage in the construction of any single



HB2538 Engrossed- 8 -LRB102 14077 SPS 19429 b

1    contract project of a value in excess of $500,000. The
2    license fee for a Class E license is $300 annually.
3    (b) General contractors must be licensed to perform work
4for a third party on private and commercial structures.
5Subcontractors working under the supervision of a licensed
6general contractor are not required to be licensed under this
8    Section 55. Licensure; renewal; and restoration.
9    (a) The expiration date and renewal period for each
10license issued under this Act shall be established by rule. A
11licensee may renew a license during the 2 months preceding its
12expiration date by paying the required fee.
13    (b) A general contractor who has permitted his or her
14license to expire or has had his or her license placed on
15inactive status may have his or her license restored by making
16application to the Department and filing proof acceptable to
17the Department of his or her fitness to have his or her license
18restored, including, but not limited to, sworn evidence
19certifying active lawful practice in another jurisdiction
20satisfactory to the Department and by paying the required fee
21as determined by rule.
22    (c) A licensed general contractor whose license expired
23while engaged (1) in federal service on active duty with the
24Armed Forces of the United States or the State Militia called
25into service or training or (2) in training or education under



HB2538 Engrossed- 9 -LRB102 14077 SPS 19429 b

1the supervision of the United States preliminary to induction
2into the military service, may have a license restored or
3reinstated without paying any lapsed reinstatement, renewal,
4or restoration fees if within 2 years after termination other
5than by dishonorable discharge of such service, training, or
6education, the Department is furnished with satisfactory
7evidence that the licensee has been so engaged in the practice
8of general contracting and that such service, training, or
9education has been so terminated.
10    Section 60. Inactive status.
11    (a) A person licensed under this Act who notifies the
12Department in writing on forms or electronically as prescribed
13by the Department may elect to place his or her license on
14inactive status and shall, subject to rules of the Department,
15be excused from payment of renewal fees until he or she
16notifies the Department in writing on forms or electronically
17as prescribed by the Department of his or her desire to resume
18active status.
19    (b) Any licensee whose license is on inactive status shall
20not use the title "licensed general contractor" or "general
21contractor" in the State of Illinois.
22    (c) Any licensee who uses the title "licensed general
23contractor" or "general contractor" while his or her license
24is inactive shall be considered to be using the title without a
25license, which shall be grounds for discipline under this Act.



HB2538 Engrossed- 10 -LRB102 14077 SPS 19429 b

1    Section 65. Fees. The Department shall establish by rule a
2schedule of fees for the administration and maintenance of
3this Act. These fees are not refundable.
4    Section 70. Disposition of funds. All of the fees
5collected as authorized under this Act shall be deposited into
6the General Professions Dedicated Fund. The moneys deposited
7into the General Professions Dedicated Fund may be used for
8the expenses of the Department in the administration of this
9Act. Moneys from the Fund may also be used for direct and
10allocable indirect costs related to the public purposes of the
11Department of Financial and Professional Regulation. Moneys in
12the Fund may be transferred to the Professions Indirect Cost
13Fund as authorized by Section 2105-300 of the Department of
14Professional Regulation Law.
15    Section 75. Advertising. Any person licensed under this
16Act may advertise the availability of professional services in
17the public media or on the premises where such professional
18services are rendered provided that the advertising is
19truthful and not misleading.
20    Section 80. Insurance. A licensee shall carry and provide
21proof of a valid liability insurance policy insuring the
22licensee against bodily injury and property damage arising out



HB2538 Engrossed- 11 -LRB102 14077 SPS 19429 b

1of or in connection with general contracting. The Department
2shall establish the required insurance policy amounts by rule.
3    Section 85. Listing. The Secretary of State shall maintain
4and make available to the public a list of licensed general
5contractors, including their license type, company name,
6address, phone number, license expiration date, primary
7insurance expiration date, and secondary insurance expiration
8date, if applicable.
9    Section 90. Violation; injunction; cease and desist order.
10    (a) If any person violates this Act, the Secretary may, in
11the name of the People of the State of Illinois, through the
12Attorney General of the State of Illinois or the State's
13Attorney of any county in which the action is brought,
14petition for an order enjoining such violation and for an
15order enforcing compliance with this Act. Upon the filing of a
16verified petition in court, the court may issue a temporary
17restraining order, without notice or bond, and may
18preliminarily and permanently enjoin such violation. If it is
19established that such person has violated or is violating the
20injunction, the court may punish the offender for contempt of
21court. Proceedings under this Section shall be in addition to,
22and not in lieu of, all other remedies and penalties provided
23by this Act.
24    (b) Whoever holds himself or herself out as a "licensed



HB2538 Engrossed- 12 -LRB102 14077 SPS 19429 b

1general contractor", "general contractor", or any other name
2or designation that would in any way imply that he or she is
3able to use the title "licensed general contractor" or
4"general contractor" without being licensed under this Act
5shall be guilty of a Class A misdemeanor, and for each
6subsequent conviction shall be guilty of a Class 4 felony.
7    Section 95. Grounds for disciplinary action.
8    (a) The Department may refuse to issue or to renew a
9license, or may revoke, suspend, place on probation,
10reprimand, or take other disciplinary or nondisciplinary
11action the Department may deem proper, including fines not to
12exceed $10,000 for each violation, with regard to any license
13issued under this Act, for any one or combination of the
14following reasons:
15        (1) Material misstatement in furnishing information.
16        (2) Negligent or intentional disregard of this Act or
17    rules adopted under this Act.
18        (3) Conviction of or plea of guilty or nolo
19    contendere, finding of guilt, jury verdict, or entry of
20    judgment or sentencing, including, but not limited to,
21    convictions, preceding sentences of supervision,
22    conditional discharge, or first offender probation under
23    the laws of any jurisdiction of the United States that is
24    (i) a felony, (ii) a misdemeanor, an essential element of
25    which is dishonesty, or (iii) any crime that is directly



HB2538 Engrossed- 13 -LRB102 14077 SPS 19429 b

1    related to the practice of general contracting.
2        (4) Making any misrepresentations for the purpose of
3    obtaining a license.
4        (5) Professional incompetence or gross negligence in
5    the rendering of general contracting services.
6        (6) Aiding or assisting another person in violating
7    any provision of this Act or any rules issued pursuant to
8    this Act.
9        (7) Failing to provide information within 60 days in
10    response to a written request made by the Department.
11        (8) Engaging in dishonorable, unethical, or
12    unprofessional conduct of a character likely to deceive,
13    defraud, or harm the public.
14        (9) Habitual or excessive use or abuse of drugs
15    defined by law as controlled substances, alcohol,
16    narcotics, stimulants, or any other substances that
17    results in the inability to practice with reasonable
18    judgment, skill, or safety.
19        (10) Discipline by another jurisdiction, if at least
20    one of the grounds for the discipline is the same or
21    substantially equivalent to those set forth in this
22    Section.
23        (11) Directly or indirectly giving to or receiving
24    from any person, firm, corporation, partnership, or
25    association any fee, commission, rebate, or other form of
26    compensation for any professional service not actually



HB2538 Engrossed- 14 -LRB102 14077 SPS 19429 b

1    rendered.
2        (12) A finding by the Department that the licensee,
3    after having the license placed on probationary status,
4    has violated or failed to comply with the terms of
5    probation.
6        (13) A finding by the Department that the licensee has
7    failed to pay a fine imposed by the Department.
8        (14) Being named as a perpetrator in an indicated
9    report by the Department of Children and Family Services
10    under the Abused and Neglected Child Reporting Act, and
11    upon proof by clear and convincing evidence that the
12    licensee has caused a child to be an abused child or
13    neglected child as defined in the Abused and Neglected
14    Child Reporting Act.
15        (15) Solicitation of professional services by using
16    false or misleading advertising.
17        (16) Inability to practice the profession with
18    reasonable judgment, skill, or safety as a result of
19    physical illness, including, but not limited to,
20    deterioration through the aging process, loss of motor
21    skill, mental illness, or disability.
22        (17) Using or attempting to use an expired, inactive,
23    suspended, or revoked license, or impersonating another
24    licensee.
25    (b) The Department may refuse to issue or may suspend the
26license of any person who fails to file a return, fails to pay



HB2538 Engrossed- 15 -LRB102 14077 SPS 19429 b

1the tax, penalty, or interest showing in a filed return, or
2fails to pay any final assessment of tax, penalty, or
3interest, as required by any tax Act administered by the
4Department of Revenue, until the requirements of any such tax
5Act are satisfied.
6    (c) The entry of a decree by any circuit court
7establishing that any person holding a license under this Act
8is a person subject to involuntary admission under the Mental
9Health and Developmental Disabilities Code shall operate as a
10suspension of that license. That person may resume using the
11title "licensed general contractor" or "general contractor"
12only upon a finding by the Department that he or she has been
13determined to be no longer subject to involuntary admission by
14the court and meeting the requirements for restoration as
15required by this Act and its rules.
16    (d) The Department may temporarily suspend a license if
17the licensee is found to be engaging in a pattern of
18substantial code violations as determined by the Department.
19    (e) If the Department has cause to believe that a licensee
20is insolvent, including on the basis of public complaints, the
21Department may review the financial books and records of the
23    (f) The Department shall not issue a license to an
24applicant whose license was revoked for any cause within the
25preceding 4 years.



HB2538 Engrossed- 16 -LRB102 14077 SPS 19429 b

1    Section 100. Investigation; notice and hearing.
2    (a) The Department may investigate the actions of any
3applicant or of any person holding or claiming to hold a
4license under this Act.
5    (b) The Department shall, before disciplining an applicant
6or licensee, at least 30 days prior to the date set for the
7hearing, (i) notify in writing the applicant or licensee of
8the charges made and the time and place for the hearing on the
9charges, (ii) direct the applicant or licensee to file a
10written answer to the charges under oath within 20 days after
11the service of the notice, and (iii) inform the licensee or
12licensee that failure to file a written answer to the charges
13will result in a default judgment being entered against the
14applicant or licensee.
15    (c) Written or electronic notice, and any notice in the
16subsequent proceeding, may be served by personal delivery, by
17email, or by mail to the applicant or licensee at his or her
18address of record or email address of record.
19    (d) At the time and place fixed in the notice, the hearing
20officer appointed by the Secretary shall proceed to hear the
21charges and the parties or their counsel shall be accorded
22ample opportunity to present any statement, testimony,
23evidence, and argument as may be pertinent to the charges or to
24their defense. The hearing officer may continue the hearing
25from time to time.
26    (e) If the licensee or applicant, after receiving the



HB2538 Engrossed- 17 -LRB102 14077 SPS 19429 b

1notice, fails to file an answer, his or her license may, in the
2discretion of the Secretary, be suspended, revoked, placed on
3probationary status, or be subject to whatever disciplinary
4action the Secretary considers proper, including limiting the
5scope, nature, or extent of the person's practice or
6imposition of a fine, without hearing, if the act or acts
7charged constitute sufficient grounds for such action under
8this Act.
9    Section 105. Record of proceedings.
10    (a) The Department, at its expense, shall provide a
11certified shorthand reporter to take down the testimony and
12preserve a record of all proceedings in which a licensee may
13have their license revoked or suspended or in which the
14licensee may be placed on probationary status, reprimanded,
15fined, or subjected to other disciplinary action with
16reference to the license when a disciplinary action is
17authorized under this Act and rules issued pursuant to this
18Act. The notice of hearing, complaint, and all other documents
19in the nature of pleadings and written motions filed in the
20proceedings, the transcript of the testimony, and the orders
21of the Department shall be the record of the proceedings. The
22record may be made available to any person interested in the
23hearing upon payment of the fee required by Section 2105-115
24of the Department of Professional Regulation Law.
25    (b) The Department may contract for court reporting



HB2538 Engrossed- 18 -LRB102 14077 SPS 19429 b

1services, and, if it does so, the Department shall provide the
2name and contact information for the certified shorthand
3reporter who transcribed the testimony at a hearing to any
4person interested, who may obtain a copy of the transcript of
5any proceedings at a hearing upon payment of the fee specified
6by the certified shorthand reporter.
7    Section 110. Compelling testimony. Any court, upon the
8application of the Department, designated hearing officer, or
9the applicant or licensee against whom proceedings of this Act
10are pending, may enter an order requiring the attendance of
11witnesses and their testimony and the production of documents,
12papers, files, books, and records in connection with any
13hearing or investigation. The court may compel obedience to
14its order by proceedings for contempt.
15    Section 115. Hearing; motion for rehearing.
16    (a) The hearing officer appointed by the Secretary shall
17hear evidence in support of the formal charges and evidence
18produced by the licensee. At the conclusion of the hearing,
19the hearing officer shall present to the Secretary a written
20report of his or her findings of fact, conclusions of law, and
22    (b) At the conclusion of the hearing, a copy of the hearing
23officer's report shall be served upon the applicant or
24licensee, either personally or as provided in this Act for the



HB2538 Engrossed- 19 -LRB102 14077 SPS 19429 b

1service of the notice of hearing. Within 20 days after such
2service, the applicant or licensee may present to the
3Department a motion, in writing, for a rehearing which shall
4specify the particular grounds for rehearing. The Department
5may respond to the motion for rehearing within 20 days after
6its service on the Department. If no motion for rehearing is
7filed, then upon the expiration of the time specified for
8filing such a motion, or upon denial of a motion for rehearing,
9the Secretary may enter an order in accordance with the
10recommendations of the hearing officer. If the applicant or
11licensee orders from the reporting service and pays for a
12transcript of the record within the time for filing a motion
13for rehearing, the 20-day period within which a motion may be
14filed shall commence upon delivery of the transcript to the
15applicant or licensee.
16    (c) If the Secretary disagrees in any regard with the
17report of the hearing officer, the Secretary may issue an
18order contrary to the hearing officer's report.
19    (d) If the Secretary is not satisfied that substantial
20justice has been done, the Secretary may order a hearing by the
21same or another hearing officer.
22    (e) At any point in any investigation or disciplinary
23proceeding provided for in this Act, both parties may agree to
24a negotiated consent order. The consent order shall be final
25upon signature of the Secretary.



HB2538 Engrossed- 20 -LRB102 14077 SPS 19429 b

1    Section 120. Appointment of a hearing officer. The
2Secretary has the authority to appoint an attorney licensed to
3practice law in the State of Illinois to serve as the hearing
4officer in any action for refusal to issue, restore, or renew a
5license or to discipline an applicant or licensee. The hearing
6officer shall have full authority to conduct the hearing.
7    Section 125. Order or certified copy; prima facie proof.
8An order or a certified copy thereof, over the seal of the
9Department and purporting to be signed by the Secretary, shall
10be prima facie proof that:
11        (1) the signature is the genuine signature of the
12    Secretary; and
13        (2) the Secretary is appointed and qualified.
14    Section 130. Restoration of suspended or revoked license.
15    (a) At any time after the successful completion of a term
16of probation, suspension, or revocation of a license under
17this Act, the Department may restore it to the licensee unless
18after an investigation and hearing the Department determines
19that restoration is not in the public interest.
20    (b) If the circumstances of suspension or revocation so
21indicate, the Department may require an examination of the
22licensee prior to restoring his or her licensee.
23    (c) No person whose license has been revoked as authorized
24in this Act may apply for restoration of that license until the



HB2538 Engrossed- 21 -LRB102 14077 SPS 19429 b

1time provided for in the Civil Administrative Code of
3    (d) A license that has been suspended or revoked shall be
4considered nonrenewed for purposes of restoration, and a
5restoration of the license from suspension or revocation must
6comply with the requirements for restoration as set forth in
7this Act and any rules adopted pursuant to this Act.
8    Section 135. Surrender of license. Upon the revocation or
9suspension of any licensure, the licensee shall immediately
10surrender his or her license to the Department. If the
11licensee fails to do so, the Department has the right to seize
12the license.
13    Section 140. Administrative Review Law; venue.
14    (a) All final administrative decisions of the Department
15are subject to judicial review under the Administrative Review
16Law and its rules. The term "administrative decision" is
17defined as in Section 3-101 of the Code of Civil Procedure.
18    (b) Proceedings for judicial review shall be commenced in
19the circuit court of the county in which the party applying for
20review resides, but if the party is not a resident of this
21State, the venue shall be in Sangamon County.
22    (c) The Department shall not be required to certify any
23record to the court, file any answer in court, or to otherwise
24appear in any court in a judicial review proceeding, unless



HB2538 Engrossed- 22 -LRB102 14077 SPS 19429 b

1and until the Department has received from the plaintiff
2payment of the costs of furnishing and certifying the record,
3which costs shall be determined by the Department.
4    (d) Failure on the part of the plaintiff to file a receipt
5of the plaintiff's payment to the Department as specified in
6subsection (c) of this Section in court shall be grounds for
7dismissal of the action.
8    (e) During the pendency and hearing of any and all
9judicial proceedings incident to a disciplinary action, the
10sanctions imposed upon the accused by the Department shall
11remain in full force and effect.
12    Section 145. Confidentiality. All information collected by
13the Department in the course of an examination or
14investigation of a licensee or applicant, including, but not
15limited to, any complaint against a licensee filed with the
16Department and information collected to investigate any such
17complaint, shall be maintained for the confidential use of the
18Department and shall not be disclosed. The Department may not
19disclose the information to anyone other than law enforcement
20officials, other regulatory agencies that have an appropriate
21regulatory interest as determined by the Secretary, or a party
22presenting a lawful subpoena to the Department. Information
23and documents disclosed to a federal, State, county, or local
24law enforcement agency shall not be disclosed by the agency
25for any purpose to any other agency or person. A formal



HB2538 Engrossed- 23 -LRB102 14077 SPS 19429 b

1complaint filed against a licensee by the Department or any
2order issued by the Department against a licensee or applicant
3shall be a public record, except as otherwise prohibited by
5    Section 150. Illinois Administrative Procedure Act. The
6Illinois Administrative Procedure Act is hereby expressly
7adopted and incorporated herein as if all of the provisions of
8that Act were included in this Act, except that the provision
9of subsection (d) of Section 10-65 of the Illinois
10Administrative Procedure Act that provides that at hearings
11the licensee has the right to show compliance with all lawful
12requirements for retention, continuation, or renewal of the
13license is specifically excluded. The Department shall not be
14required to annually verify email addresses as specified in
15paragraph (2) of subsection (a) of Section 10-75 of the
16Illinois Administrative Procedure Act. For the purposes of
17this Act, the notice required under Section 10-25 of the
18Illinois Administrative Procedure Act is deemed sufficient
19when mailed to the address of record or emailed to the email
20address of record.
21    Section 900. The Regulatory Sunset Act is amended by
22changing Section 4.38 as follows:
23    (5 ILCS 80/4.38)



HB2538 Engrossed- 24 -LRB102 14077 SPS 19429 b

1    Sec. 4.38. Acts repealed on January 1, 2028. The following
2Acts are repealed on January 1, 2028:
3    The Acupuncture Practice Act.
4    The Clinical Social Work and Social Work Practice Act.
5    The Home Medical Equipment and Services Provider License
7    The General Contractors Licensing Act.
8    The Illinois Petroleum Education and Marketing Act.
9    The Illinois Speech-Language Pathology and Audiology
10Practice Act.
11    The Interpreter for the Deaf Licensure Act of 2007.
12    The Nurse Practice Act.
13    The Nursing Home Administrators Licensing and Disciplinary
15    The Physician Assistant Practice Act of 1987.
16    The Podiatric Medical Practice Act of 1987.
17(Source: P.A. 100-220, eff. 8-18-17; 100-375, eff. 8-25-17;
18100-398, eff. 8-25-17; 100-414, eff. 8-25-17; 100-453, eff.
198-25-17; 100-513, eff. 9-20-17; 100-525, eff. 9-22-17;
20100-530, eff. 9-22-17; 100-560, eff. 12-8-17.)
21    Section 999. Effective date. This Act takes effect upon
22becoming law.