HB3406eng 93rd General Assembly


HB3406 Engrossed                     LRB093 11148 AMC 11997 b

 1        AN ACT concerning athlete agents.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.  Short title.  This Act may be  cited  as  the
 5    Athlete Agents Act.

 6        Section 2.  Definitions.  In this Act:
 7             (1)  "Agency contract" means an agreement in which a
 8        student-athlete  authorizes   a  person  to  negotiate or
 9        solicit   on   behalf   of    the    student-athlete    a
10        professional-sports-services  contract  or an endorsement
11        contract.
12             (2)  "Athlete agent" means an individual who  enters
13        into  an  agency  contract  with  a  student-athlete  or,
14        directly   or   indirectly,   recruits   or   solicits  a
15        student-athlete to enter into an  agency  contract.   The
16        term  includes an individual who represents to the public
17        that the individual is an athlete agent.  The  term  does
18        not  include  a spouse, parent, sibling,  grandparent, or
19        guardian of the student-athlete or an  individual  acting
20        solely  on  behalf  of  a  professional  sports  team  or
21        professional sports organization.
22             (3)  "Athletic   director"   means   an   individual
23        responsible   for   administering  the  overall  athletic
24        program  of  an  educational  institution   or,   if   an
25        educational   institution   has  separately  administered
26        athletic programs for male students and female  students,
27        the  athletic  program  for males or the athletic program
28        for females, as appropriate.
29             (4)  "Contact"  means  a  communication,  direct  or
30        indirect, between an athlete agent and a student-athlete,
31        to recruit or solicit the student-athlete to  enter  into
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 1        an agency contract.
 2             (4.5)  "Department"    means   the   Department   of
 3        Professional Regulation.
 4             (4.6)  "Director" means the Director of Professional
 5        Regulation.
 6             (5)  "Endorsement contract" means an agreement under
 7        which  a  student-athlete   is   employed   or   receives
 8        consideration  to  use  on  behalf of the other party any
 9        value  that  the  student-athlete  may  have  because  of
10        publicity,  reputation,  following,  or   fame   obtained
11        because of athletic ability or performance.
12             (6)  "Intercollegiate sport" means a sport played at
13        the  collegiate  level for which eligibility requirements
14        for participation by a student-athlete are established by
15        a national association for the promotion or regulation of
16        collegiate athletics.
17             (7)  "Person"  means  an  individual,   corporation,
18        business   trust,  estate,  trust,  partnership,  limited
19        liability   company,    association,    joint    venture,
20        government;    governmental   subdivision,   agency,   or
21        instrumentality; public corporation, or any  other  legal
22        or commercial entity.
23             (8)  "Professional-sports-services  contract"  means
24        an  agreement  under  which an individual is employed, or
25        agrees to render services, as a player on a  professional
26        sports  team, with a professional sports organization, or
27        as a professional athlete.
28             (9)  "Record" means information that is inscribed on
29        a tangible medium or that is stored in an  electronic  or
30        other medium and is retrievable in perceivable form.
31             (10)  "Registration"   means   registration   as  an
32        athlete agent pursuant to this Act.
33             (11)  "State" means a State of  the  United  States,
34        the  District of Columbia, Puerto Rico, the United States
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 1        Virgin Islands, or any territory  or  insular  possession
 2        subject to the jurisdiction of the United States.
 3             (12)  "Student-athlete"   means  an  individual  who
 4        engages in, is eligible to engage in, or may be  eligible
 5        in  the  future  to engage in, any intercollegiate sport.
 6        If an individual is permanently ineligible to participate
 7        in a particular intercollegiate sport, the individual  is
 8        not a student-athlete for purposes of that sport.

 9        Section  2.1.  The  Department may exercise the following
10    powers and duties subject to the provisions of this Act:
11             (1)  To   prescribe   forms   of   application   for
12        certificates of registration.
13             (2)  To pass upon the qualifications  of  applicants
14        for  certificates  of registration and issue certificates
15        of registration to those found to be fit and qualified.
16             (3)  To conduct hearings on proceedings  to  revoke,
17        suspend, or otherwise discipline or to refuse to issue or
18        renew certificates of registration.
19             (4)  To   formulate  rules  when  required  for  the
20        administration and enforcement of this Act.

21        Section 3.  Service of process; subpoenas.
22        (a)  By acting as an  athlete  agent  in  this  State,  a
23    nonresident   individual   appoints  the  Department  as  the
24    individual's agent for service of process in any civil action
25    in this State  related  to  the  individual's  acting  as  an
26    athlete agent in this State.
27        (b)  The  Department may issue subpoenas for any material
28    that is relevant to the administration of this Act.

29        Section 4.  Athlete agents: registration  required;  void
30    contracts.
31        (a)  Except  as  otherwise provided in subsection (b), an
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 1    individual may not act as an  athlete  agent  in  this  State
 2    without holding a certificate of registration under Section 6
 3    or 8.
 4        (b)  Before  being  issued a certificate of registration,
 5    an individual may act as an athlete agent in this  state  for
 6    all purposes except signing an agency contract, if:
 7             (1)  a  student-athlete  or another person acting on
 8        behalf of  the  student-athlete  initiates  communication
 9        with the individual; and
10             (2)  within  seven  days  after an initial act as an
11        athlete agent, the individual submits an application  for
12        registration as an athlete agent in this State.
13        (c)  An   agency   contract  resulting  from  conduct  in
14    violation of this Section is void and the athlete agent shall
15    return any consideration received under the contract.

16        Section  5.   Registration  as   athlete   agent;   form;
17    requirements.  An  applicant for registration shall submit an
18    application for registration to  the  Department  in  a  form
19    prescribed by the Department. An application filed under this
20    Section  is  a public record.  The application must be in the
21    name of an individual and, except as  otherwise  provided  in
22    subsection  (b),  signed  or  otherwise  authenticated by the
23    applicant under penalty of perjury and state or contain:
24             (1)  the name of the applicant and  the  address  of
25        the applicant's principal place of business;
26             (2)  the   name   of  the  applicant's  business  or
27        employer, if applicable;
28             (3)  any business or occupation engaged  in  by  the
29        applicant  for  the five years next preceding the date of
30        submission of the application;
31             (4)  a description of the applicant's:
32                  (A)  formal training as an athlete agent;
33                  (B)  practical experience as an athlete  agent;
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 1             and
 2                  (C)  educational  background  relating  to  the
 3             applicant's activities as an athlete agent;
 4             (5)  the  names  and  addresses of three individuals
 5        not related to the applicant who are willing to serve  as
 6        references;
 7             (6)  the  name,  sport, and last known team for each
 8        individual for whom the applicant  acted  as  an  athlete
 9        agent  during  the  five years next preceding the date of
10        submission of the application;
11             (7)  the names and addresses of all persons who are:
12                  (A)  with  respect  to  the   athlete   agent's
13             business  if  it is not a corporation, the partners,
14             members,   officers,   managers,   associates,    or
15             profit-sharers of the business; and
16                  (B)  with  respect  to  a corporation employing
17             the athlete agent, the officers, directors, and  any
18             shareholder of the corporation having an interest of
19             five percent or greater;
20             (8)  whether  the  applicant  or  any  person  named
21        pursuant  to  paragraph (7) has been convicted of a crime
22        that, if committed  in  this  State,  would  be  a  crime
23        involving  moral  turpitude or a felony, and identify the
24        crime;
25             (9)  whether there has been  any  administrative  or
26        judicial  determination  that the applicant or any person
27        named  pursuant  to  paragraph  (7)  has  made  a  false,
28        misleading, deceptive, or fraudulent representation;
29             (10)  any instance  in  which  the  conduct  of  the
30        applicant  or  any person named pursuant to paragraph (7)
31        resulted in the imposition of a sanction, suspension,  or
32        declaration   of   ineligibility  to  participate  in  an
33        interscholastic or intercollegiate athletic  event  on  a
34        student-athlete or educational institution;
HB3406 Engrossed            -6-      LRB093 11148 AMC 11997 b
 1             (11)  any   sanction,  suspension,  or  disciplinary
 2        action taken against the applicant or  any  person  named
 3        pursuant  to paragraph (7) arising out of occupational or
 4        professional conduct; and
 5             (12)  whether  there  has  been  any  denial  of  an
 6        application for, suspension or revocation of, or  refusal
 7        to renew, the  registration or licensure of the applicant
 8        or  any  person  named  pursuant  to  paragraph (7) as an
 9        athlete agent in any State.

10        Section 5.5.  Public records.
11        (a)  All information required by the  Department  of  any
12    applicant  for  registration shall be a public record, except
13    financial information.
14        (b)  If a registrant  changes  his  or  her  name  style,
15    address,  or employment from that which appears on his or her
16    current registration, he or she shall notify  the  Department
17    of the change within 30 days after it occurs.
18        (c)  All  public  records  of  the  Department, when duly
19    certified by the Director, shall be received as  prima  facie
20    evidence in any State administrative or judicial proceedings.

21        Section  6.  Certificate  of  registration;  issuance  or
22    denial; renewal.
23        (a)  Except  as otherwise provided in subsection (b), the
24    Department shall issue a certificate of  registration  to  an
25    individual   who   complies   with   Section  5(a)  or  whose
26    application has been accepted under Section 5(b).
27        (b)  The Department may refuse to issue a certificate  of
28    registration  if the Department determines that the applicant
29    has engaged in conduct that has a significant adverse  effect
30    on  the  applicant's  fitness to act as an athlete agent.  In
31    making the determination, the Department may consider whether
32    the applicant has:
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 1             (1)  been convicted of a crime that, if committed in
 2        this State, would be a crime involving moral turpitude or
 3        a felony;
 4             (2)  made a materially false, misleading, deceptive,
 5        or fraudulent representation in the application or as  an
 6        athlete agent;
 7             (3)  engaged  in  conduct  that would disqualify the
 8        applicant from serving in a fiduciary capacity;
 9             (4)  engaged in conduct prohibited by Section 14;
10             (5)  had a registration or licensure as  an  athlete
11        agent  suspended,  revoked,  or  denied  or  been refused
12        renewal of registration or licensure as an athlete  agent
13        in any State;
14             (6)  engaged in conduct the consequence of which was
15        that   a   sanction,   suspension,   or   declaration  of
16        ineligibility to participate  in  an  interscholastic  or
17        intercollegiate   athletic   event   was   imposed  on  a
18        student-athlete or educational institution; or
19             (7)  engaged in conduct that significantly adversely
20        reflects on  the  applicant's  credibility,  honesty,  or
21        integrity.
22        (c)  In  making a determination under subsection (b), the
23    Department shall consider:
24             (1)  how recently the conduct occurred;
25             (2)  the nature of the conduct and  the  context  in
26        which it occurred; and
27             (3)  any other relevant conduct of the applicant.
28        (d)  An  athlete  agent may apply to renew a registration
29    by submitting an application for renewal in a form prescribed
30    by the Department. An application filed under this Section is
31    a public record.  The application for renewal must be  signed
32    by  the  applicant  under penalty of perjury and must contain
33    current information on all matters required  in  an  original
34    registration.
HB3406 Engrossed            -8-      LRB093 11148 AMC 11997 b
 1        (e)  An  individual  who has submitted an application for
 2    renewal of registration or licensure  in  another  State,  in
 3    lieu  of  submitting  an  application for renewal in the form
 4    prescribed pursuant to subsection (d), may file a copy of the
 5    application  for  renewal  and   a   valid   certificate   of
 6    registration   or   licensure  from  the  other  State.   The
 7    Department shall accept the application for renewal from  the
 8    other  State  as  an application for renewal in this State if
 9    the application to the other State:
10             (1)  was submitted in the  other  State  within  six
11        months  next  preceding  the filing in this State and the
12        applicant certifies  the  information  contained  in  the
13        application for renewal is current;
14             (2)  contains  information  substantially similar to
15        or  more  comprehensive  than   that   required   in   an
16        application for renewal submitted in this State; and
17             (3)  was  signed  by  the applicant under penalty of
18        perjury.
19        (f)  A certificate of registration  or  a  renewal  of  a
20    registration is valid for two years.

21        Section  7.   Suspension, revocation, or refusal to renew
22    registration.
23        (a)  The Department may suspend,  revoke,  or  refuse  to
24    renew  a  registration  for conduct that would have justified
25    denial of  registration under Section 6(b).
26        (b) The Department may deny, suspend, revoke,  or  refuse
27    to  renew  a  certificate  of  registration or licensure only
28    after proper notice and an opportunity  for  a  hearing.  The
29    Illinois Administrative Procedure Act applies to this Act.

30        Section 8.  Temporary registration.
31        (a)  The  Department may issue a temporary certificate of
32    registration while an application for registration or renewal
HB3406 Engrossed            -9-      LRB093 11148 AMC 11997 b
 1    of registration is pending.
 2        (b)  A temporary  certificate  shall  be  issued  by  the
 3    Department   to   an  individual  who  holds  a  certificate,
 4    registration, or license as an athlete agent in another State
 5    and submits a  copy  of  the  certificate,  registration,  or
 6    license  in  lieu  of  submitting  an application in the form
 7    prescribed pursuant to Section 5.
 8        (c)  A   temporary   certificate   issued   pursuant   to
 9    subsection (b) of this Section shall be valid for 30 days  or
10    until  such time as the Department receives an application in
11    accordance with Section 5.
12        (d)  A  temporary  certificate  shall  be  considered  as
13    issued  upon  the  Department's  receipt  of  a  copy  of   a
14    certificate   in  accordance  with  subsection  (b)  of  this
15    Section.

16        Section. 8.5.  Expiration of registration.
17        (a)  Registrations shall expire at midnight on June 30 of
18    each odd-numbered year.
19        (b)  Failure  to  renew  a  registration  prior  to   its
20    expiration  shall cause the registration to become nonrenewed
21    and it shall be unlawful thereafter  for  the  registrant  to
22    engage,  offer  to  engage, or hold himself or herself out as
23    engaging as a registered athlete agent under the registration
24    unless the registration is restored or reissued as defined by
25    rule.

26        Section 9.  Fees.
27        (a)  The initial application fee for a certificate  shall
28    be fixed by the Department by rule.
29        (b)  All  other  fees  not set forth in this Act shall be
30    fixed by rule.
31        (c)  If an applicant for initial registration applies for
32    licensure during the second half of the biennial  period,  he
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 1    or  she  shall be required to pay only one-half of the amount
 2    fixed by the Department for initial application.
 3        (d)  Any change  of  a  registration  that  requires  the
 4    issuance  of  a new registration shall be completed on a form
 5    required by the Department and accompanied by a $10  handling
 6    fee.
 7        (e)  All fees and fines collected under this Act shall be
 8    deposited into the General Professions Dedicated Fund.

 9        Section 10.  Required form of contract.
10        (a)  An  agency  contract  must be in a record, signed or
11    otherwise authenticated by the parties.
12        (b)  An agency contract must state or contain:
13             (1)  the  amount  and  method  of  calculating   the
14        consideration  to  be  paid  by  the  student-athlete for
15        services to be provided by the athlete  agent  under  the
16        contract  and  any  other consideration the athlete agent
17        has received or will receive from any  other  source  for
18        entering into the contract or for providing the services;
19             (2)  the  name  of  any  person  not  listed  in the
20        application for registration or renewal  of  registration
21        who  will  be  compensated  because  the  student-athlete
22        signed the agency contract;
23             (3)  a   description   of   any  expenses  that  the
24        student-athlete agrees to reimburse;
25             (4)  a description of the services to be provided to
26        the student-athlete;
27             (5)  the duration of the contract; and
28             (6)  the date of execution.
29        (c)  An agency contract must contain, in close  proximity
30    to the signature of the student-athlete, a conspicuous notice
31    in boldface type in capital letters stating:
32                     WARNING TO STUDENT-ATHLETE
33                     IF YOU SIGN THIS CONTRACT:
HB3406 Engrossed            -11-     LRB093 11148 AMC 11997 b
 3             (2)  IF YOU HAVE AN  ATHLETIC  DIRECTOR,  WITHIN  72
 7        DIRECTOR; AND
11        (d)  An  agency  contract  that  does not conform to this
12    Section  is  voidable   by   the   student-athlete.    If   a
13    student-athlete voids an agency contract, the student-athlete
14    is  not  required to pay any consideration under the contract
15    or to return any  consideration  received  from  the  athlete
16    agent  to  induce  the  student-athlete  to  enter  into  the
17    contract.
18        (e)  The  athlete agent shall give a record of the signed
19    or   otherwise   authenticated   agency   contract   to   the
20    student-athlete at the time of execution.

21        Section 11.  Notice to educational institution.
22        (a)  Within  72  hours  after  entering  into  an  agency
23    contract or before the next scheduled athletic event in which
24    the student-athlete may participate, whichever occurs  first,
25    the  athlete  agent  shall  give  notice  in  a record of the
26    existence of the contract to the  athletic  director  of  the
27    educational  institution  at  which  the  student-athlete  is
28    enrolled  or  the  athlete  agent  has  reasonable grounds to
29    believe the student-athlete intends to enroll.
30        (b)  Within  72  hours  after  entering  into  an  agency
31    contract or before the  next  athletic  event  in  which  the
32    student-athlete  may participate, whichever occurs first, the
33    student-athlete shall inform the  athletic  director  of  the
HB3406 Engrossed            -12-     LRB093 11148 AMC 11997 b
 1    educational  institution  at  which  the  student-athlete  is
 2    enrolled that he or she has entered into an agency contract.

 3        Section 12.  Student-athlete's right to cancel.
 4        (a)  A  student-athlete  may cancel an agency contract by
 5    giving notice of the cancellation to the athlete agent  in  a
 6    record within 14 days after the contract is signed.
 7        (b)  A  student-athlete may not waive the right to cancel
 8    an agency contract.
 9        (c)  If a student-athlete cancels an agency contract, the
10    student-athlete is not  required  to  pay  any  consideration
11    under  the  contract  or to return any consideration received
12    from the athlete agent to induce the student-athlete to enter
13    into the contract.

14        Section 13. Required records.
15        (a)  An athlete agent shall retain the following  records
16    for a period of five years:
17             (1)  the   name   and  address  of  each  individual
18        represented by the athlete agent;
19             (2)  any agency contract entered into by the athlete
20        agent; and
21             (3)  any direct costs incurred by the athlete  agent
22        in  the  recruitment or solicitation of a student-athlete
23        to enter into an agency contract.
24        (b)  Records required by subsection (a)  to  be  retained
25    are  open  to  inspection  by  the  Department  during normal
26    business hours.

27        Section 14. Prohibited conduct.
28        (a)  An athlete  agent,  with  the  intent  to  induce  a
29    student-athlete to enter into an agency contract, may not:
30             (1)  give   any   materially   false  or  misleading
31        information  or  make  a  materially  false  promise   or
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 1        representation;
 2             (2)  furnish  anything of value to a student-athlete
 3        before  the  student-athlete  enters  into   the   agency
 4        contract; or
 5             (3)  furnish  anything  of  value  to any individual
 6        other than  the  student-athlete  or  another  registered
 7        athlete agent.
 8        (b)  An athlete agent may not intentionally:
 9             (1)  initiate  contact with a student-athlete unless
10        registered under this Act;
11             (2)  refuse or fail to retain or  permit  inspection
12        of the records required to be retained by Section 13;
13             (3)  fail to register when required by Section 4;
14             (4)  provide    materially   false   or   misleading
15        information in an application for registration or renewal
16        of registration;
17             (5)  predate or postdate an agency contract; or
18             (6)  fail to notify  a  student-athlete  before  the
19        student-athlete   signs  or  otherwise  authenticates  an
20        agency contract for a particular sport that  the  signing
21        or authentication may make the student-athlete ineligible
22        to participate as a student-athlete in that sport.

23        Section  15.   Criminal  penalties.  An athlete agent who
24    violates Section 14 is guilty of a Class A misdemeanor.

25        Section 16.  Civil remedies.
26        (a)  An educational institution has  a  right  of  action
27    against  an  athlete  agent  or  a former student-athlete for
28    damages caused by a violation of  this  Act.   In  an  action
29    under  this  Section,  the  court may award to the prevailing
30    party costs and reasonable attorney's fees.
31        (b)  Damages  of   an   educational   institution   under
32    subsection  (a) include losses and expenses incurred because,
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 1    as a result of the conduct of  an  athlete  agent  or  former
 2    student-athlete, the educational institution was injured by a
 3    violation  of  this  Act  or  was penalized, disqualified, or
 4    suspended from  participation  in  athletics  by  a  national
 5    association for the promotion and regulation of athletics, by
 6    an   athletic   conference,  or  by  reasonable  self-imposed
 7    disciplinary action taken to mitigate sanctions likely to  be
 8    imposed by such an organization.
 9        (c)  A right of action under this Section does not accrue
10    until   the  educational  institution  discovers  or  by  the
11    exercise of reasonable diligence would  have  discovered  the
12    violation by the athlete agent or former student-athlete.
13        (d)  Any  liability  of  the  athlete agent or the former
14    student-athlete under this Section is several and not joint.
15        (e)  This Act does  not  restrict  rights,  remedies,  or
16    defenses of any person under law or equity.

17        Section 17.  Grounds for disciplinary action.
18        (a)  The  Department  may  refuse to issue or to renew or
19    may revoke, suspend, place on probation, reprimand,  or  take
20    other  disciplinary action as the Department may deem proper,
21    including fines not to exceed $5,000 for each violation, with
22    regard to any registration for any one or combination of  the
23    following causes:
24             (1)  Violation of this Act or its rules.
25             (2)  Conviction  of  any crime under the laws of any
26        U.S.  jurisdiction  that  is  a  felony  or  that  is   a
27        misdemeanor, an essential element of which is dishonesty,
28        or  of any crime that directly relates to the practice of
29        the profession.
30             (3)  Making any misrepresentation for the purpose of
31        obtaining a registration.
32             (4)  Gross  malpractice,  prima  facie  evidence  of
33        which may be a conviction or judgment of  malpractice  in
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 1        any court of competent jurisdiction.
 2             (5)  Aiding or assisting another person in violating
 3        any  provision  of  this Act or rules adopted pursuant to
 4        this Act.
 5             (6)  Failing, within 60 days, to provide information
 6        in response to a written request made by  the  Department
 7        that  was  sent  by  certified  or registered mail to the
 8        registrant's last known address.
 9             (7)  Engaging   in   dishonorable,   unethical,   or
10        unprofessional conduct of a character likely to  deceive,
11        defraud, or harm the public.
12             (8)  Habitual  or  excessive  use  or  addiction  to
13        alcohol,  narcotics,  stimulants,  or  any other chemical
14        agent or drug that results in the inability  to  practice
15        with reasonable judgment or skill.
16             (9)  Discipline  by  another  U.S.  jurisdiction  or
17        foreign  nation  if  at  least one of the grounds for the
18        discipline is the same  or  substantially  equivalent  to
19        those set forth in this Section.
20             (10)  Directly  or indirectly giving to or receiving
21        from  any  person,  firm,  corporation,  partnership,  or
22        association any fee, commission, rebate, or other form of
23        compensation for any professional services  not  actually
24        or personally rendered.
25             (11)  A   finding   by   the   Department  that  the
26        registrant, after having his or her  registration  placed
27        on   probationary  status,  has  violated  the  terms  of
28        probation.
29             (12)  Conviction   by   any   court   of   competent
30        jurisdiction, either within or without this State, of any
31        violation of any law governing the  practice  of  athlete
32        agents if the Department determines, after investigation,
33        that  the  person has not been sufficiently rehabilitated
34        to warrant the public trust.
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 1             (13)  A finding that registration has  been  applied
 2        for or obtained by fraudulent means.
 3             (14)  Practicing,   attempting   to   practice,   or
 4        advertising  under  a  name  other  than the full name as
 5        shown on the registration or any other legally authorized
 6        name.
 7             (15)  Gross    and    willful    overcharging    for
 8        professional services, including filing false  statements
 9        for  collection  of fees or moneys for which services are
10        not rendered.
11             (16)  Failure to file a  return,  to  pay  the  tax,
12        penalty,  or  interest shown in a filed return, or to pay
13        any final assessment of tax,  penalty,  or  interest,  as
14        required  by  any  tax  Act  administered by the Illinois
15        Department  of  Revenue,   until   such   time   as   the
16        requirements of that tax Act are satisfied.
17             (17)  Physical   or   mental  disability,  including
18        deterioration through  the  aging  process,  or  loss  of
19        abilities  and  skills  that  result  in  an inability to
20        practice  the  profession  with  reasonable  judgment  or
21        skill.
22             (18)  Material    misstatement     in     furnishing
23        information  to  the  Department  or  to  any other State
24        agency.
25             (19)  Advertising  in  any  manner  that  is  false,
26        misleading, or deceptive.
27        (b)  The  Department  shall  deny  any  registration   or
28    renewal  under this Act to any person who has defaulted on an
29    educational loan guaranteed by the Illinois State Scholarship
30    Commission; however, the Department may issue a  registration
31    or  renewal  if  the  person  in  default  has  established a
32    satisfactory repayment record as determined by  the  Illinois
33    State Scholarship Commission.
34        (c)  Failure to continue to meet the requirements of this
HB3406 Engrossed            -17-     LRB093 11148 AMC 11997 b
 1    Act shall be deemed a violation of this Act.
 2        (d)  The  determination  by  a court that a registrant is
 3    subject to involuntary admission  or  judicial  admission  as
 4    provided  in the Mental Health and Developmental Disabilities
 5    Code will result in an automatic suspension  of  his  or  her
 6    registration.  The  suspension  will  end upon a finding by a
 7    court that the registrant is no longer subject to involuntary
 8    admission or judicial admission, the issuance of an order  so
 9    finding  and  discharging the patient, and the recommendation
10    of the Board to the Director that the registrant  be  allowed
11    to resume professional practice.

12        Section  18.  Stenographer;  record  of  proceedings. The
13    Department, at its expense, shall provide a  stenographer  to
14    take  down  the  testimony  and  preserve  a  record  of  all
15    proceedings initiated pursuant to this Act, the rules for the
16    administration  of  this  Act,  or  any  other  Act  or rules
17    relating to this Act and proceedings for restoration  of  any
18    registration  issued  under  this Act. The notice of hearing,
19    complaint, answer, and all other documents in the  nature  of
20    pleadings  and  written  motions  and  responses filed in the
21    proceedings, the transcript of the  testimony,  all  exhibits
22    admitted  into  evidence,  the report of the hearing officer,
23    the conclusions of law, and recommendations to the  Director,
24    and  the  order  shall  be the record of the proceedings. The
25    Department shall furnish a transcript of the  record  to  any
26    person  interested  in  the  hearing  upon payment of the fee
27    required under Section 2105-115 of the  Civil  Administrative
28    Code of Illinois (Department of Professional Regulation Law).

29        Section  19.  Court  orders.  Any circuit court may, upon
30    application of the Department  or  its  designee  or  of  the
31    applicant or registrant against whom proceedings are pending,
32    enter  an  order  requiring  the  attendance of witnesses and
HB3406 Engrossed            -18-     LRB093 11148 AMC 11997 b
 1    their testimony and  the  production  of  documents,  papers,
 2    files,  books,  and records in connection with any hearing or
 3    investigation. The court may compel obedience to its order by
 4    proceedings for contempt.

 5        Section  20.  Subpoenas;  administration  of  oaths.  The
 6    Department has power to subpoena  and  bring  before  it  any
 7    person  in  this  State  and  to  take  testimony  orally, by
 8    deposition, or both or to subpoena  documents,  exhibits,  or
 9    other  materials  with  the  same fees and mileage and in the
10    same manner as prescribed by law in judicial  proceedings  in
11    civil cases in circuit courts of this State.
12        The  Director  has  the  power  to  administer  oaths  to
13    witnesses at any hearing that the Department is authorized by
14    law  to conduct. The Director has the power to administer any
15    other oaths required or authorized to be administered by  the
16    Department under this Act.

17        Section   21.  Findings  of  fact;  conclusions  of  law;
18    recommendations; order. Within 60 days  of  the  Department's
19    receipt  of  the  transcript of any hearing that is conducted
20    pursuant to this Act or the rules for its  enforcement,   any
21    other  statute  or rule requiring a hearing under this Act or
22    the rules for its enforcement,  or  any  hearing  related  to
23    restoration  of any registration issued pursuant to this Act,
24    the hearing officer shall submit his or her written  findings
25    and recommendations to the Director.
26        A  copy  of the findings of fact, conclusions of law, and
27    recommendations submitted to the  Director  shall  be  served
28    upon  the  accused person, either personally or by registered
29    or certified mail. Within 20 days after service, the  accused
30    person  may  present to the Department a written motion for a
31    rehearing, which shall state the particular grounds therefor.
32    If the accused  person  orders  and  pays  for  a  transcript
HB3406 Engrossed            -19-     LRB093 11148 AMC 11997 b
 1    pursuant  to  Section  18,  the  time elapsing thereafter and
 2    before the transcript is ready for delivery  to  him  or  her
 3    shall not be counted as part of the 20 days.
 4        The  Director  shall issue an order based on the findings
 5    of fact, conclusions of law, and recommendations.

 6        Section  22.  Temporary  suspension.  The  Director   may
 7    temporarily   suspend   a  person's  registration  without  a
 8    hearing, simultaneously with the institution  of  proceedings
 9    for a hearing provided for in this Act, if the Director finds
10    that  evidence  in  his  or  her  possession  indicates  that
11    continuation  in  practice by that person would constitute an
12    imminent danger to the public. In the event that the Director
13    temporarily suspends a registration without  a  hearing,  the
14    Department  shall  hold  a  hearing  within 30 days after the
15    suspension has occurred.

16        Section  23.  Administrative  Review   Law.   All   final
17    administrative  decisions  of  the  Department are subject to
18    judicial review pursuant to the Administrative Review Law and
19    its rules. The term "administrative decision" is  defined  as
20    in Section 3-101 of the Code of Civil Procedure.

21        Section  24.  Illinois  Administrative Procedure Act. The
22    Illinois Administrative Procedure  Act  is  hereby  expressly
23    adopted  and  incorporated herein as if all of the provisions
24    of that Act were  included  in  this  Act,  except  that  the
25    provision  of subsection (d) of Section 10-65 of the Illinois
26    Administrative Procedure Act that provides that  at  hearings
27    the  registrant  has  the  right  to show compliance with all
28    lawful requirements for retention, continuation,  or  renewal
29    of the registration is specifically excluded. For the purpose
30    of  this  Act  the notice required under Section 10-25 of the
31    Administrative Procedure Act is deemed sufficient when mailed
HB3406 Engrossed            -20-     LRB093 11148 AMC 11997 b
 1    to the last known address of a party.

 2        Section  25.  Certification   of   record;   costs.   The
 3    Department shall not be required to certify any record to the
 4    court,  to file an answer in court, or to otherwise appear in
 5    any court in a judicial review proceeding,  unless  there  is
 6    filed  in  the  court, with the complaint, a receipt from the
 7    Department acknowledging payment of the costs  of  furnishing
 8    and  certifying  the  record.  Failure  on  the  part  of the
 9    plaintiff to  file  the  receipt  in  court  is  grounds  for
10    dismissal of the action.

11        Section   26.  Returned   checks;  fines.  A  person  who
12    delivers a check or other payment to the Department  that  is
13    returned   to   the   Department   unpaid  by  the  financial
14    institution  upon  which  it  is  drawn  shall  pay  to   the
15    Department,  in  addition  to  the amount already owed to the
16    Department, a fine of $50. A fine imposed under this  Section
17    is  in  addition  to any other discipline provided under this
18    Act for unregistered practice or  practice  on  a  nonrenewed
19    registration.  The  Department  shall  notify the person that
20    fees and fines shall be paid to the Department  by  certified
21    check   or  money  order  within  30  calendar  days  of  the
22    notification. If, after the expiration of 30  days  from  the
23    date  of  the  notification,  the  person fails to submit the
24    necessary  remittance,  the  Department  shall  automatically
25    terminate  his  or  her  registration  or  deny  his  or  her
26    application without hearing. If, after termination or denial,
27    the person seeks a registration, he or she shall apply to the
28    Department  for  restoration  or  issuance  of  his  or   her
29    registration   and   pay  all  fees  and  fines  due  to  the
30    Department. The  Department  may  establish  a  fee  for  the
31    processing   of   an   application   for   restoration  of  a
32    registration  to  pay  all   expenses   of   processing   the
HB3406 Engrossed            -21-     LRB093 11148 AMC 11997 b
 1    application.  The  Director may waive any fine due under this
 2    Section in any individual case where the Director finds  that
 3    the fine would be unreasonable or unnecessarily burdensome.

 4        Section   27.  Hearing  officer.  The  Director  has  the
 5    authority to appoint any attorney duly registered to practice
 6    law in the State of Illinois to serve as the hearing  officer
 7    for  any action for refusal to issue or renew a registration,
 8    for  discipline  of  a   registrant,   for   sanctions,   for
 9    unregistered  practice, for restoration of a registration, or
10    for any other action for which findings of fact,  conclusions
11    of  law, and recommendations are required pursuant to Section
12    21 of this Act. The hearing officer shall have full authority
13    to conduct the hearing and shall issue his or her findings of
14    fact and recommendations to the Director pursuant to  Section
15    21 of this Act.

16        Section 28.  Enforcement; petition to court.
17        (a)  If  any  person violates the provisions of this Act,
18    the Director, through the Attorney  General  or  the  State's
19    Attorney  of  any  county  in which a violation is alleged to
20    exist, may, in the  name  of  the  People  of  the  State  of
21    Illinois,  petition  for  an order enjoining the violation or
22    for an order enforcing compliance with  this  Act.  Upon  the
23    filing of a verified petition in court, the court may issue a
24    temporary  restraining  order  without notice or bond and may
25    preliminarily and permanently enjoin the violation. If it  is
26    established  that the person has violated or is violating the
27    injunction, the court may punish the offender for contempt of
28    court.
29        (b)  If any person  practices  as  a  registered  athlete
30    agent or holds himself or herself out as a registrant without
31    being  registered  under the provisions of this Act, then any
32    person registered under this Act, any  interested  party,  or
HB3406 Engrossed            -22-     LRB093 11148 AMC 11997 b
 1    any  person  injured  thereby,  in addition to those officers
 2    identified in subsection (a) of this  Section,  may  petition
 3    for relief as provided in subsection (a).
 4        (c)  Whenever the Department has reason to believe that a
 5    person has violated the registration requirements of this Act
 6    by  practicing, offering to practice, attempting to practice,
 7    or holding himself or herself out to practice as a registered
 8    athlete agent without being registered under  this  Act,  the
 9    Department  may  issue  a  rule to show cause why an order to
10    cease and desist should not be entered against  that  person.
11    The  rule  shall clearly set forth the grounds relied upon by
12    the Department and shall provide a period of 7 days from  the
13    date of the rule to file an answer to the satisfaction of the
14    Department.  Failure  to  answer  to  the satisfaction of the
15    Department shall cause an order to cease  and  desist  to  be
16    issued immediately.
17        (d)  Proceedings  under this Section shall be in addition
18    to, and not in lieu of, all other remedies and penalties that
19    may be provided by law.

20        Section  29.  Unregistered  practice;  violation;   civil
21    penalty.
22        (a)  Any   person  who  practices,  offers  to  practice,
23    attempts to practice, or holds  himself  or  herself  out  to
24    practice  without  being  registered under this Act shall, in
25    addition to any other penalty provided by law,  pay  a  civil
26    penalty  to  the Department in an amount not to exceed $5,000
27    for each offense as determined by the Department.  The  civil
28    penalty  shall  be assessed by the Department after a hearing
29    is held in accordance with the provisions set forth  in  this
30    Act  regarding  the provision of a hearing for the discipline
31    of a registrant.
32        (b)  The  Department  has  the  authority  and  power  to
33    investigate any and all registered activity.
HB3406 Engrossed            -23-     LRB093 11148 AMC 11997 b
 1        (c)  A civil penalty imposed  pursuant  to  this  Section
 2    shall  be paid within 60 days after the effective date of the
 3    order imposing the civil penalty. The order shall  constitute
 4    a  judgment and may be filed and execution had thereon in the
 5    same manner as any judgment from any court of record.

 6        Section 30.  Electronic Signatures in Global and National
 7    Commerce Act.  The provisions of this Act governing the legal
 8    effect, validity, or enforceability of electronic records  or
 9    signatures, and of contracts formed or performed with the use
10    of  such records or signatures conform to the requirements of
11    Section 102  of  the  Electronic  Signatures  in  Global  and
12    National  Commerce  Act,  Pub.  L. No. 106-229, 114 Stat. 464
13    (2000), and  supersede,  modify,  and  limit  the  Electronic
14    Signatures in Global and National Commerce Act.

15        Section  31.  Severability.  If any provision of this Act
16    or its application to any  person  or  circumstance  is  held
17    invalid,  the  invalidity does not affect other provisions or
18    applications of this Act which can be  given  effect  without
19    the  invalid  provision  or  application, and to this end the
20    provisions of this Act are severable.