Illinois General Assembly - Full Text of HB5256
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Full Text of HB5256  102nd General Assembly

HB5256eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB5256 EngrossedLRB102 22227 SPS 31357 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Professional Regulation Law
5of the Civil Administrative Code of Illinois is amended by
6changing Section 2105-207 as follows:
 
7    (20 ILCS 2105/2105-207)
8    Sec. 2105-207. Records of Department actions.
9    (a) Any licensee subject to a licensing Act administered
10by the Division of Professional Regulation and who has been
11subject to disciplinary action by the Department may file an
12application with the Department on forms provided by the
13Department, along with the required fee of $175, to have the
14records classified as confidential, not for public release,
15and considered expunged for reporting purposes if:
16        (1) the application is submitted more than 2 3 years
17    after the date of the final disciplinary action offense or
18    offenses occurred or after restoration of the license,
19    whichever is later;
20        (2) the licensee has had no incidents of discipline
21    under the licensing Act since the final disciplinary
22    action was issued by the Department offense or offenses
23    identified in the application occurred;

 

 

HB5256 Engrossed- 2 -LRB102 22227 SPS 31357 b

1        (3) the Department has no pending investigations
2    against the licensee; and
3        (4) the licensee is not currently in a disciplinary
4    status.
5    (b) An application to make disciplinary records
6confidential shall only be considered by the Department for an
7offense or action relating to:
8        (1) failure to pay taxes;
9        (2) continuing education;
10        (3) failure to renew a license on time;
11        (4) failure to obtain or renew a certificate of
12    registration or ancillary license;
13        (5) advertising;
14        (5.1) discipline based on criminal charges or
15    convictions:
16            (A) that did not arise from the licensed activity
17        and was unrelated to the licensed activity; or
18            (B) that were dismissed or for which records have
19        been sealed or expunged;
20        (5.2) past probationary status of a license issued to
21    new applicants on the sole or partial basis of prior
22    convictions; or
23        (6) any grounds for discipline removed from the
24    licensing Act.
25    (c) An application shall be submitted to and considered by
26the Director of the Division of Professional Regulation upon

 

 

HB5256 Engrossed- 3 -LRB102 22227 SPS 31357 b

1submission of an application and the required non-refundable
2fee. The Department may establish additional requirements by
3rule. The Department is not required to report the removal of
4any disciplinary record to any national database. Nothing in
5this Section shall prohibit the Department from using a
6previous discipline for any regulatory purpose or from
7releasing records of a previous discipline upon request from
8law enforcement, or other governmental body as permitted by
9law. Classification of records as confidential shall result in
10removal of records of discipline from records kept pursuant to
11Sections 2105-200 and 2105-205 of this Act.
12    (d) Any applicant for licensure or a licensee whose
13petition for review is granted by the Department pursuant to
14subsection (a-1) of Section 2105-165 of this Law may file an
15application with the Department on forms provided by the
16Department to have records relating to his or her permanent
17denial or permanent revocation classified as confidential and
18not for public release and considered expunged for reporting
19purposes in the same manner and under the same terms as is
20provided in this Section for the offenses listed in subsection
21(b) of this Section, except that the requirements of a 2-year
227-year waiting period and the $175 $200 application fee do not
23apply.
24(Source: P.A. 100-262, eff. 8-22-17; 100-286, eff. 1-1-18;
25100-863, eff. 8-14-18; 100-872, eff. 8-14-18.)