Illinois General Assembly - Full Text of SB3529
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Full Text of SB3529  97th General Assembly

SB3529 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3529

 

Introduced 2/8/2012, by Sen. Toi W. Hutchinson

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Fire Equipment Distributor and Employee Regulation Act of 2011. Makes changes in provisions concerning definitions; license requirements and injunctions; rules; reports; personnel; formal charges; and disciplinary sanctions and hearings. Creates a provision that permits the State Fire Marshal to investigate the actions of any applicant or any person, firm, association, or corporation holding or claiming to hold a licensee under the Act. Creates a provision so the State Fire Marshal may adopt rules to permit the issuance of citations for certain violations of the Act. Repeals provisions concerning the Fire Equipment Distributor and Employee Advisory Board; examinations; and licensure without examination. Amends the Regulatory Sunset Act to extend the repeal of the Fire Equipment Distributor and Employee Regulation Act of 2011 from January 1, 2013 to January 1, 2023. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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. The Regulatory Sunset Act is amended by changing
5Section 4.23 and by adding Section 4.33 as follows:
 
6    (5 ILCS 80/4.23)
7    Sec. 4.23. Acts and Sections repealed on January 1, 2013.
8The following Acts and Sections of Acts are repealed on January
91, 2013:
10    The Dietetic and Nutrition Services Practice Act.
11    The Elevator Safety and Regulation Act.
12    The Fire Equipment Distributor and Employee Regulation Act
13of 2011.
14    The Funeral Directors and Embalmers Licensing Code.
15    The Naprapathic Practice Act.
16    The Professional Counselor and Clinical Professional
17Counselor Licensing Act.
18    The Wholesale Drug Distribution Licensing Act.
19    Section 2.5 of the Illinois Plumbing License Law.
20(Source: P.A. 95-331, eff. 8-21-07; 96-1499, eff. 1-18-11.)
 
21    (5 ILCS 80/4.33 new)
22    Sec. 4.33. Act repealed on January 1, 2023. The following

 

 

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1Act is repealed on January 1, 2023:
2    The Fire Equipment Distributor and Employee Regulation Act
3of 2011.
 
4    Section 5. The Fire Equipment Distributor and Employee
5Regulation Act of 2011 is amended by changing Sections 5, 10,
630, 35, 40, 75, 85, and 90 and by adding Sections 82 and 83 as
7follows:
 
8    (225 ILCS 217/5)
9    (Section scheduled to be repealed on January 1, 2013)
10    Sec. 5. Definitions. As used in this Act:
11    (a) "Employee" means a licensee or a person who is
12currently employed by a distributor licensed under this Act
13whose full or part-time duties include servicing, recharging,
14hydro-testing, installing, maintaining, or inspecting all
15types of fire extinguishing devices or systems, other than
16water sprinkler systems.
17    (b) "Board" means the Fire Equipment Distributor and
18Employee Advisory Board.
19    (c) "Person" means a natural person or any company,
20corporation, or other business entity.
21    (d) "Fire equipment distributor" means any person, company
22or corporation that services, recharges, hydro-tests,
23inspects, installs, maintains, alters, repairs, replaces, or
24services fire extinguishing devices or systems, other than

 

 

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1water sprinkler systems, for customers, clients, or other third
2parties. "Fire equipment distributor" does not include a
3person, company, or corporation employing 2,000 or more
4employees within the State of Illinois that engages in these
5activities incidental to its own business.
6    (e) "Public member" means a person who is not a licensee or
7a relative of a licensee, or who is not an employer or employee
8of a licensee. The term "relative" shall be determined by rules
9of the State Fire Marshal.
10    (f) "Residency" means an actual domicile in Illinois for a
11period of not less than one year.
12    (g) "Inspection" means a determination that a fire
13extinguisher is available in its designated place and has not
14been actuated or tampered with. "Inspection" does not include
15the inspection that may be performed by the building owner,
16tenant, or insurance representative.
17    (h) "Maintenance" means a determination that an
18extinguisher will operate effectively and safely. It includes a
19thorough examination and any necessary repair or replacement.
20It also includes checking the date of manufacture or last
21hydrostatic test to see if internal inspection of the cylinder
22or hydrostatic testing is necessary, and checking for cuts,
23bulges, dents, abrasions, corrosion, condition of paint, shell
24hanger attachment, maintenance of nameplate, weight of
25contents, pressure gauge, valve, removal of pull pin, discharge
26nozzle, hose assembly, and operating instructions.

 

 

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1    (i) "NAFED" means the National Association of Fire
2Equipment Distributors located in Chicago, Illinois.
3(Source: P.A. 96-1499, eff. 1-18-11.)
 
4    (225 ILCS 217/10)
5    (Section scheduled to be repealed on January 1, 2013)
6    Sec. 10. License requirement; injunction; cease and desist
7order.
8    (a) No person shall act as a fire equipment distributor or
9employee, or advertise or assume to act as such, or use any
10title implying that such person is engaged in such practice or
11occupation unless licensed by the State Fire Marshal.
12    No firm, association, or corporation shall act as an agency
13licensed under this Act, or advertise or assume to act as such,
14or use any title implying that the firm, association, or
15corporation is engaged in such practice, unless licensed by the
16State Fire Marshal.
17    (b) The State Fire Marshal, in the name of the People and
18through the Attorney General, the State's Attorney of any
19county, any interested resident of the State, or any interested
20legal entity within the State, may petition the court with
21appropriate jurisdiction for an order seeking injunctive
22relief to enjoin from practicing a licensed activity in
23violation of this Act any person, firm, association, or
24corporation who has not been issued a license, or whose license
25has been suspended, revoked, or not renewed. If any person,

 

 

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1firm, association, or corporation holds itself out as being a
2licensee under this Act and is not licensed to do so, then any
3licensee, interested party, or any person injured thereby may
4petition for relief as provided in this Section. Upon the
5filing of a verified complaint, a copy shall be served upon the
6defendant and the proceedings shall thereafter be conducted as
7in other civil cases. The court with appropriate jurisdiction
8may issue a temporary restraining order without notice or bond.
9apply for injunctive relief in any court to enjoin any person
10who has not been issued a license or whose license has been
11suspended, revoked, or not renewed from practicing a licensed
12activity, and upon the filing of a verified petition, the
13court, if satisfied by affidavit or otherwise, that such person
14is or has been practicing in violation of this Act may enter a
15temporary restraining order or preliminary injunction, without
16bond, enjoining the defendant from such further activity. A
17copy of the verified complaint shall be served upon the
18defendant and the proceedings shall thereafter be conducted as
19in other civil cases. If it is established that the defendant
20has been or is practicing in violation of this Act, the court
21may enter a judgment permanently perpetually enjoining the
22defendant from such further activity. In case of violation of
23any injunctive order or judgment entered under the provisions
24of this Section, the court may summarily try and punish the
25offender for contempt of court. Such injunctive proceeding
26shall be in addition to all penalties and other remedies in

 

 

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1this Act.
2    (c) Whenever, in the opinion of the State Fire Marshal, a
3person, firm, association, or corporation violates any
4provision of this Act, the State Fire Marshal may issue an
5order to show cause why an order to cease and desist should not
6be entered against that person, firm, association, or
7corporation. The order shall clearly set forth the grounds
8relied upon by the State Fire Marshal and shall allow the
9person, firm, association, or corporation at least 7 days after
10the date of the order to file an answer satisfactory to the
11State Fire Marshal. A failure to answer an order to show cause
12to the satisfaction of the State Fire Marshal shall result in
13the issuance of an order to cease and desist.
14    (d) The State Fire Marshal may refuse to issue a license
15to, or may suspend the license of, any person who fails to file
16a return, to pay the tax, penalty, or interest shown in a filed
17return, or to pay any final assessment of tax, penalty, or
18interest, as required by any tax Act administered by the
19Illinois Department of Revenue, until such time as the
20requirements of any such tax Act are satisfied.
21(Source: P.A. 96-1499, eff. 1-18-11.)
 
22    (225 ILCS 217/30)
23    (Section scheduled to be repealed on January 1, 2013)
24    Sec. 30. Rules; report.
25    (a) The State Fire Marshal shall adopt rules consistent

 

 

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1with the provisions of this Act for the administration and
2enforcement thereof, and may prescribe forms that shall be
3issued in connection therewith. The rules shall include
4standards and criteria for registration, professional conduct,
5and discipline. The State Fire Marshal shall consult with the
6Board in adopting all rules under this Act.
7    (b) (Blank). The Board shall propose to the State Fire
8Marshal additions or modifications to administrative rules
9whenever a majority of the members believes the rules are
10deficient for the proper administration of this Act.
11    (c) (Blank). The State Fire Marshal may solicit the advice
12and expert knowledge of the Board on any matter relating to the
13administration and enforcement of this Act.
14    (d) In the adopting of rules relating to fire equipment
15distributors and employees, the State Fire Marshal shall be
16guided by the national fire safety standards and codes and fire
17equipment and facility standards and code, including, but not
18limited to, those adopted by the National Fire Protection
19Association and the National Association of Fire Equipment
20Distributors.
21    (e) In the adopting of rules relating to the maintenance
22and operation of hydrostatic testing equipment and tools for
23all fire equipment distributors and employees, the State Fire
24Marshal shall be guided by the requirements of the United
25States Department of Transportation as set forth in Section
26173.34(e)(1) of Title 49 of Code of Federal Regulations.

 

 

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1    (f) The State Fire Marshal shall by rule establish
2procedures for an applicant for any class fire equipment
3employee license to work for a licensed fire equipment
4distributor for training.
5    (g) The rules adopted by the Office of the State Fire
6Marshal under the Fire Equipment Distributor and Employee
7Regulation Act of 2000 shall remain in effect until such time
8as the Office of the State Fire Marshal adopts rules under this
9Act.
10    (h) (Blank). The State Fire Marshal shall issue to the
11Board prior to each Board meeting, but not less than quarterly,
12a report of the status of all convictions related to the
13profession received by the State Fire Marshal.
14(Source: P.A. 96-1499, eff. 1-18-11.)
 
15    (225 ILCS 217/35)
16    (Section scheduled to be repealed on January 1, 2013)
17    Sec. 35. Personnel. The State Fire Marshal may employ, in
18conformity with the Personnel Code, such professional,
19technical, investigative, or clerical help, on either a full or
20part-time basis, as may be necessary for the enforcement of
21this Act. Each investigator shall have a minimum of 2 years'
22investigative experience out of the preceding 5 years.
23    An investigator may not hold an active license issued under
24this Act or have any fiduciary interest in any business
25licensed under this Act. This prohibition does not, however,

 

 

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1prohibit an investigator from holding stock in a
2publicly-traded business licensed or regulated under this Act,
3provided that the investigator does not hold more than 5% of
4the stock in the business.
5(Source: P.A. 96-1499, eff. 1-18-11.)
 
6    (225 ILCS 217/40)
7    (Section scheduled to be repealed on January 1, 2013)
8    Sec. 40. Qualifications for licensure; fees.
9    (a) No person shall engage in practice as a fire equipment
10distributor or fire equipment employee without first applying
11for and obtaining a license for that purpose from the Office of
12the State Fire Marshal.
13    (b) To qualify for a Class A Fire Equipment Distributor
14License to service, recharge, hydro-test, install, maintain,
15or inspect all types of fire extinguishers, an applicant must
16provide all of the following:
17        (1) An annual license fee of $100.
18        (2) Evidence of registration as an Illinois
19    corporation or evidence of compliance with the Assumed
20    Business Name Act.
21        (3) Evidence of financial responsibility in a minimum
22    amount of $300,000 through liability insurance,
23    self-insurance, group insurance, group self-insurance, or
24    risk retention groups.
25    (c) To qualify for a Class B Fire Equipment Distributor

 

 

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1License to service, recharge, hydro-test, install, maintain,
2or inspect all types of pre-engineered fire extinguishing
3systems, an applicant must provide all of the following:
4        (1) An annual license fee of $200.
5        (2) Evidence of registration as an Illinois
6    corporation or evidence of compliance with the Assumed
7    Business Name Act.
8        (3) Evidence of financial responsibility in a minimum
9    amount of $300,000 through liability insurance,
10    self-insurance, group insurance, group self-insurance, or
11    risk retention groups.
12        (4) Evidence of owning, leasing, renting, or having
13    access to proper testing equipment that is in compliance
14    with the national standards adopted by the State Fire
15    Marshal for the maintenance and operation of testing tools
16    for use with all Class B fire equipment.
17    (d) To qualify for a Class C Fire Equipment Distributor
18License to service, repair, hydro-test, inspect, and engineer
19all types of engineered fire suppression systems, an applicant
20must provide all of the following:
21        (1) An annual license fee of $300.
22        (2) Evidence of registration as an Illinois
23    corporation or evidence of compliance with the Assumed
24    Business Name Act.
25        (3) Evidence of financial responsibility in a minimum
26    amount of $300,000 through liability insurance,

 

 

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1    self-insurance, group insurance, group self-insurance, or
2    risk retention groups.
3        (4) Evidence of owning, leasing, renting, or having
4    access to proper testing equipment that is in compliance
5    with the national standards adopted by the State Fire
6    Marshal for the maintenance and operation of testing tools
7    for use with all Class C fire equipment.
8    (e) To qualify for a Class 1 Fire Equipment Employee
9License to service, recharge, hydro-test, install, maintain,
10or inspect all types of fire extinguishers, an applicant must
11complete all of the following:
12        (1) Pass the examination administered by the NAFED as a
13    technician certified to service a Portable Fire
14    Extinguisher.
15        (2) Pay an annual license fee of $20.
16        (3) Provide 2 copies of a current photograph at least
17    1" x 1" in size.
18    (f) To qualify for a Class 2I 2 Fire Equipment Employee
19License to service, recharge, hydro-test, install, maintain,
20or inspect all types of pre-engineered industrial fire
21extinguishing systems, an applicant must complete all of the
22following:
23        (1) Pass the examination administered by the NAFED as a
24    technician certified to service Pre-Engineered Industrial
25    Fire Suppression Systems.
26        (2) Pay an annual license fee of $20.

 

 

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1        (3) Provide 2 copies of a current photograph at least
2    1" x 1" in size.
3    (f-5) To qualify for a Class 2K Fire Equipment Employee
4License to service, recharge, hydro-test, install, maintain,
5or inspect all types of pre-engineered kitchen fire
6extinguishing systems, an applicant must complete all of the
7following:
8        (1) Pass the examination administered by the NAFED as a
9    technician certified to service Pre-Engineered Kitchen
10    Fire Extinguishing Systems.
11        (2) Pay an annual fee of $20.
12        (3) Provide 2 copies of a current photograph at least
13    1" x 1" in size.
14    (g) To qualify for a Class 3 Fire Equipment Employee
15License to service, recharge, hydro-test, maintain, inspect,
16or engineer all types of engineered fire extinguishing systems,
17an applicant must complete all of the following:
18        (1) Pass the examination.
19        (2) Pay an annual license fee of $20.
20        (3) Provide a current photograph at least 1" x 1" in
21    size.
22    (h) All licenses issued under this Act shall remain in
23effect unless the licensee is otherwise notified by the Office
24of the State Fire Marshal.
25(Source: P.A. 96-1499, eff. 1-18-11.)
 

 

 

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1    (225 ILCS 217/75)
2    (Section scheduled to be repealed on January 1, 2013)
3    Sec. 75. Grounds for disciplinary sanctions. Licensees
4subject to this Act shall conduct their practice in accordance
5with this Act and with any rules adopted under this Act. The
6State Fire Marshal may refuse to issue or renew any license and
7it may suspend or revoke any license or may place on probation,
8censure, reprimand, or take other disciplinary action deemed
9appropriate by the State Fire Marshal and enumerated in this
10Act, including the imposition of fines not to exceed $5,000 for
11each violation, with regard to any license issued under this
12Act for any one or more of the reasons enumerated in this
13Section. Any civil penalty assessed by the State Fire Marshal
14pursuant to this Act shall be paid within 60 days after the
15effective date of the order imposing the civil penalty. The
16order shall constitute a judgment and may be filed and executed
17in the same manner as any judgment from any court of record.
18    Grounds for discipline under this Act are: Licensees shall
19be subject to the exercise of the disciplinary sanctions
20enumerated in Section 90 if the State Fire Marshal finds that a
21licensee is guilty of any of the following:
22        (1) fraud or material deception in obtaining or
23    renewing of a license;
24        (2) professional incompetence as manifested by poor
25    standards of service;
26        (3) engaging in dishonorable, unethical, or

 

 

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1    unprofessional conduct of a character likely to deceive,
2    defraud, or harm the public in the course of professional
3    services or activities;
4        (4) conviction of any crime by a licensee that has a
5    substantial relationship to his or her practice or an
6    essential element of which is misstatement, fraud, or
7    dishonesty, or conviction in this or another state of any
8    crime that is a felony under the laws of Illinois or
9    conviction of a felony in a federal court, unless the
10    person demonstrates that he or she has been sufficiently
11    rehabilitated to warrant the public trust;
12        (5) performing any services in a grossly negligent
13    manner or permitting any of his or her licensed employees
14    to perform services in a grossly negligent manner,
15    regardless of whether actual damage or damages to the
16    public is established;
17        (6) habitual drunkenness or habitual addiction to the
18    use of morphine, cocaine, controlled substances, or other
19    habit-forming drugs;
20        (7) directly or indirectly willfully receiving
21    compensation for any professional services not actually
22    rendered;
23        (8) having disciplinary action taken against his or her
24    license in another state;
25        (9) making differential treatment against any person
26    to his or her detriment because of race, color, creed, sex,

 

 

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1    religion, or national origin;
2        (10) engaging in unprofessional conduct;
3        (11) engaging in false or misleading advertising;
4        (12) contracting or assisting unlicensed persons to
5    perform services for which a license is required under this
6    Act;
7        (13) permitting the use of his or her license to enable
8    any unlicensed person or agency to operate as a licensee;
9        (14) performing and charging for services without
10    having authorization to do so from the member of the public
11    being served;
12        (15) failure to comply with any provision of this Act
13    or the rules adopted under this Act;
14        (16) conducting business regulated by this Act without
15    a currently valid license.
16(Source: P.A. 96-1499, eff. 1-18-11.)
 
17    (225 ILCS 217/82 new)
18    Sec. 82. Investigations. The State Fire Marshal may
19investigate the actions of any applicant or any person, firm,
20association, or corporation holding or claiming to hold a
21license under this Act. Before revoking, suspending,
22reprimanding, or taking any other disciplinary action
23permitted under this Act, the State Fire Marshal may issue a
24citation, refer the matter for prosecution, or institute formal
25charges as provided for in this Act.
 

 

 

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1    (225 ILCS 217/83 new)
2    Sec. 83. Citations.
3    (a) The State Fire Marshal may adopt rules to permit the
4issuance of citations for certain violations of this Act or the
5rules adopted under this Act. The citation shall be issued to
6the licensee and shall contain the licensee's name and address,
7the licensee's license number, a brief factual statement, the
8Sections of the law or rules allegedly violated, and the
9penalty imposed. The citation must clearly state that the
10licensee may choose, in lieu of accepting the citation, to
11request a hearing on the date and at the place specified on the
12citation. The citation shall not provide a hearing date less
13than 30 days after the citation's issuance date. Any dispute
14filed by the licensee with the State Fire Marshal shall comply
15with the requirements for a written answer set forth in
16subsection (a) of Section 85 of this Act. If the licensee does
17not dispute the citation with the State Fire Marshal within 20
18days after the citation is served, then the citation shall
19become a final order and shall constitute discipline. The
20penalty shall be a fine or other conditions as established by
21rule.
22    (b) The State Fire Marshal shall adopt rules designating
23violations for which a citation may be issued. Such rules shall
24identify citation violations for those violations for which
25there is, in the determination of the State Fire Marshal or his

 

 

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1or her designee, no substantial threat to the public health,
2safety, or welfare. Citations shall not be utilized if, in the
3determination of the State Fire Marshal or his or her designee,
4significant consumer harm resulted from the violation.
5    (c) A citation must be issued within 6 months after the
6State Fire Marshal became first aware of the facts forming the
7basis for the citation.
8    (d) Service of a citation may be made by personal service
9or certified mail to the licensee at the licensee's address of
10record.
 
11    (225 ILCS 217/85)
12    (Section scheduled to be repealed on January 1, 2013)
13    Sec. 85. Formal charges.
14    (a) Before revoking, suspending, annulling, withdrawing,
15amending materially, or refusing to renew any valid license,
16Following the investigative process, the State Fire Marshal
17shall may file formal charges against the licensee. The formal
18charges shall, at a minimum, inform the licensee of the facts
19that make up the basis of the charge and that are specific
20enough to enable the licensee to defend himself.
21    (b) Each licensee whose conduct is the subject of a formal
22charge that seeks to impose disciplinary action against the
23licensee shall be served notice of said formal charge at least
2430 days before the date of the hearing, which shall be presided
25over by a hearing officer authorized by the State Fire Marshal.

 

 

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1Service shall be considered to have been given if the notice
2was personally received by the licensee or if the notice was
3sent by certified mail, return receipt requested to the
4licensee at the licensee's last known address, as listed with
5the State Fire Marshal.
6    (c) The notice of formal charges shall consist at a minimum
7of the following information:
8        (1) the time, place, and date of the hearing;
9        (2) that the licensee shall appear personally at the
10    hearing and may be represented by counsel;
11        (3) that the licensee shall have the right to produce
12    witnesses and evidence in his behalf and shall have the
13    right to cross-examine witnesses and refute evidence
14    produced against him or her;
15        (4) that the hearing could result in disciplinary
16    action being taken against his or her license;
17        (5) that rules for the conduct of these hearings exist
18    and it may be in the licensee's best interest to obtain a
19    copy;
20        (6) that a hearing officer authorized by the State Fire
21    Marshal shall preside at the hearing and following the
22    conclusion of said hearing shall make findings of fact,
23    conclusions of law, and recommendations, separately
24    stated, to the State Fire Marshal as to what disciplinary
25    action, if any, should be imposed on the licensee; and
26        (7) that the State Fire Marshal may continue such

 

 

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1    hearing; .
2        (8) that the licensee shall file a written answer to
3    the charges with the State Fire Marshal under oath within
4    20 days after service of the notice; and
5        (9) that if the accused fails to answer, a default
6    judgment shall be taken against him, her, or it, or that
7    his, her, or it's license may be suspended, revoked, placed
8    on probationary status, or subject to other disciplinary
9    action as the State Fire Marshal deems proper, without a
10    hearing, if the act or acts charged constitute sufficient
11    grounds for such action under this Act.
12    (d) The hearing officer authorized by the State Fire
13Marshal shall hear evidence produced in support of the formal
14charges and contrary evidence produced by the licensee, if any.
15At the conclusion of the hearing, the hearing officer shall
16make findings of fact, conclusions of law, and recommendations,
17separately stated, and submit them to the State Fire Marshal
18and to all parties to the proceeding. Submission to the
19licensee shall be considered as having been made if done in a
20similar fashion as service of the notice of formal charges.
21Within 20 days after such service, any party to the proceeding
22may present to the State Fire Marshal a motion, in writing, for
23a rehearing which written motion shall specify the particular
24grounds therefor.
25    (e) The State Fire Marshal, following the time allowed for
26filing a motion for rehearing, shall review the hearing

 

 

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1officer's findings of fact, conclusions of law, and
2recommendations, and any motions filed subsequent thereto.
3After review of such information the State Fire Marshal may
4hear oral arguments and thereafter shall issue an order. The
5report of findings of fact, conclusions of law, and
6recommendations of the hearing officer shall be the basis for
7the State Fire Marshal's order. If the State Fire Marshal finds
8that substantial justice was not done, he or she may issue an
9order in contravention of the findings of fact, conclusions of
10law, and recommendations of the hearing officer. The State Fire
11Marshal shall provide the Board with written explanation of any
12such deviation, and shall specify with particularity the
13reasons for said action. The finding is not admissible in
14evidence against the person in criminal prosecution brought for
15the violation of this Act, but the hearing and findings are not
16a bar to a criminal prosecution brought for the violation of
17this Act.
18    (f) All proceedings under this Section are matters of
19public record and shall be preserved.
20(Source: P.A. 96-1499, eff. 1-18-11.)
 
21    (225 ILCS 217/90)
22    (Section scheduled to be repealed on January 1, 2013)
23    Sec. 90. Disciplinary sanctions; hearings.
24    (a) The State Fire Marshal shall impose any of the
25following sanctions, singly or in combination, when he or she

 

 

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1finds that a licensee is guilty of any offense described in
2Section 75:
3        (1) revocation;
4        (2) suspension for any period of time;
5        (3) reprimand or censure;
6        (4) placement on probationary status and the
7    requirement of the submission of any of the following:
8            (i) report regularly to the Board or State Fire
9        Marshal upon matters that are the basis of the
10        probation;
11            (ii) continuation or renewal of professional
12        education until a satisfactory degree of skill has been
13        attained in those areas that are the basis of the
14        probation; or
15            (iii) such other reasonable requirements or
16        restrictions as are proper;
17        (5) refusal to issue, renew, or restore;
18        (6) revocation of probation that has been granted and
19    imposition of any other discipline in this subsection (a)
20    when the requirements of probation have not been fulfilled
21    or have been violated; or .
22        (7) imposition of a fine not to exceed $5,000 for each
23    violation of this Act or the rules adopted under this Act.
24    (b) The State Fire Marshal may summarily suspend a license
25under this Act, without a hearing, simultaneously with the
26filing of a formal complaint and notice for a hearing provided

 

 

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1under this Section if the State Fire Marshal finds that the
2continued operations of the individual would constitute an
3immediate danger to the public. In the event the State Fire
4Marshal suspends a license under this subsection, a hearing by
5the hearing officer designated by the State Fire Marshal shall
6begin within 20 days after such suspension begins, unless
7continued at the request of the licensee.
8    (c) Disposition may be made of any formal complaint by
9consent order between the State Fire Marshal and the licensee,
10but the Board must be apprised of the full consent order in a
11timely way.
12    (d) The State Fire Marshal shall reinstate any license to
13good standing under this Act, upon recommendation to the State
14Fire Marshal, after a hearing before the hearing officer
15authorized by the State Fire Marshal. The State Fire Marshal
16shall be satisfied that the applicant's renewed practice is not
17contrary to the public interest.
18    (e) The State Fire Marshal may order a licensee to submit
19to a reasonable physical examination if his or her physical
20capacity to practice safely is at issue in a disciplinary
21proceeding. Failure to comply with a State Fire Marshal order
22to submit to a physical examination shall render a licensee
23liable to the summary suspension procedures described in this
24Section.
25    (f) The State Fire Marshal may conduct hearings and issue
26cease and desist orders to persons who engage in activities

 

 

SB3529- 23 -LRB097 20186 CEL 65600 b

1prohibited by this Act without having a valid license,
2certificate, or registration. Any person in violation of a
3cease and desist order entered by the State Fire Marshal shall
4be subject to all of the remedies provided by law, and in
5addition, shall be subject to a civil penalty payable to the
6party injured by the violation.
7    (g) The State Fire Marshal shall seek to achieve
8consistency in the application of the foregoing sanctions and
9consent orders and significant departure from prior decisions
10involving similar conduct shall be explained in the State Fire
11Marshal's orders.
12(Source: P.A. 96-1499, eff. 1-18-11.)
 
13    (225 ILCS 217/25 rep.)
14    (225 ILCS 217/50 rep.)
15    (225 ILCS 217/55 rep.)
16    Section 10. The Fire Equipment Distributor and Employee
17Regulation Act of 2011 is amended by repealing Sections 25, 50,
18and 55.
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.

 

 

SB3529- 24 -LRB097 20186 CEL 65600 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.23
4    5 ILCS 80/4.33 new
5    225 ILCS 217/5
6    225 ILCS 217/10
7    225 ILCS 217/30
8    225 ILCS 217/35
9    225 ILCS 217/40
10    225 ILCS 217/75
11    225 ILCS 217/82 new
12    225 ILCS 217/83 new
13    225 ILCS 217/85
14    225 ILCS 217/90
15    225 ILCS 217/25 rep.
16    225 ILCS 217/50 rep.
17    225 ILCS 217/55 rep.