Full Text of HB3715 93rd General Assembly
HB3715sam003 93RD GENERAL ASSEMBLY
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Sen. James A. DeLeo
Filed: 5/25/2004
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| AMENDMENT TO HOUSE BILL 3715
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| AMENDMENT NO. ______. Amend House Bill 3715 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Painting, Drywall Finishing, and Glazing Contractor Licensing | 6 |
| Act. | 7 |
| Section 5. Definitions. For the purposes of this Act: | 8 |
| "Board" means the Painting, Drywall Finishing, and Glazing | 9 |
| Contractor Licensing Board. | 10 |
| "Contractor" means a person who manages the daily | 11 |
| activities of a painting, drywall finishing, or glazing | 12 |
| business, including field supervision. | 13 |
| "Department" means the Department of Professional | 14 |
| Regulation. | 15 |
| "Director" means the Director of Professional Regulation. | 16 |
| "Drywall finishing" includes the taping, surfacing, and | 17 |
| finishing of drywall. | 18 |
| "Foreman" means a person who has the knowledge and skill of | 19 |
| a journeyman and directly supervises physical painting, | 20 |
| drywall finishing, or glazing. | 21 |
| "Glazing" means setting glass in window frames. | 22 |
| "Journeyman" means a person who has completed an | 23 |
| apprenticeship program approved by the Department or is an | 24 |
| experienced worker, not a trainee, and is fully qualified and |
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| able to perform painting, drywall finishing, or glazing without | 2 |
| supervision. | 3 |
| "Paint" consists of vehicle, pigment, binder, and dryers. | 4 |
| "Painting" means the application of paint. "Painting" does | 5 |
| not include the application of paint used in conjunction with | 6 |
| the repair, maintenance, or customization of a vehicle, as | 7 |
| defined in the Illinois Vehicle Code. | 8 |
| "Person" means an individual, partnership, corporation, | 9 |
| business trust, limited liability company, or other legal | 10 |
| entity. | 11 |
| Section 10. Licensure requirement. | 12 |
| (a) Beginning January 1, 2006, a person may not act as a | 13 |
| contractor on a project in which the total cost (labor and | 14 |
| materials) of one or more of the contractor's contracts is $500 | 15 |
| or more without being licensed under this Act. | 16 |
| (b) Beginning January 1, 2006, a contractor must be | 17 |
| licensed before submitting bids. | 18 |
| Section 12. Exemptions. | 19 |
| (a) This Act does not apply to the following specific areas | 20 |
| of the trade: | 21 |
| (1) Scraping, sweeping, and general clean-up of steel | 22 |
| beams during bridge construction prior to painting. | 23 |
| (2) Power washing and sandblasting work prior to | 24 |
| priming and painting. | 25 |
| (3) Lead-based paint removal. | 26 |
| (4) Taping compound (mud) clean-up from floors. | 27 |
| (5) Plastic or cardboard covering and empty cans | 28 |
| clean-up. | 29 |
| (6) Removal of old paint from roadways and direct | 30 |
| traffic. | 31 |
| (b) This Act does not apply to the performance of painting, | 32 |
| drywall finishing, or glazing of any property owned or operated |
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| by a public utility, a public utility affiliate, a | 2 |
| telecommunications carrier or its affiliate, an electric | 3 |
| cooperative as defined in Section 3.4 of the Electric Supplier | 4 |
| Act, a telephone cooperative as defined in Section 13-212 of | 5 |
| the Public Utilities Act, a utility owned and operated by a | 6 |
| municipal corporation or unit of local government, or a company | 7 |
| that generates electricity. | 8 |
| (c) This Act does not apply to electrical contractors, | 9 |
| utility workers, or their employees performing painting of | 10 |
| brackets, fixtures, electrical equipment, transmission towers, | 11 |
| traffic signal or lighting poles, welds, or other miscellaneous | 12 |
| equipment that is deemed necessary to complete the electrical | 13 |
| maintenance or installation. | 14 |
| (d) This Act does not apply to licensed plumbers, sprinkler | 15 |
| fitters, and pipefitters performing work in plumbing, | 16 |
| pipefitting, heating, irrigation, ventilation, air | 17 |
| conditioning, refrigeration (HVACR) systems, instrumentation, | 18 |
| and stress relieving. | 19 |
| (e) This Act does not apply to a manufacturer as part of | 20 |
| ongoing maintenance on property owned or leased by such | 21 |
| manufacturer. | 22 |
| (f) The provisions of this Act do not apply to painting, | 23 |
| drywall finishing, or glazing supplies or services sold or | 24 |
| provided by employees or agents of a business entity primarily | 25 |
| engaged in the retail sale of consumer products. | 26 |
| (g) This Act does not apply to the performance of painting, | 27 |
| drywall finishing, or glazing of any property owned or operated | 28 |
| by a water or wastewater system that serves a municipality with | 29 |
| a population of 10,000 citizens or less or any size rural water | 30 |
| or wastewater system. | 31 |
| (h) This Act does not apply to individuals performing | 32 |
| custodial and maintenance work whose job duties also include | 33 |
| drywall repair and related drywall taping, spot painting, and | 34 |
| minor glazing repair work. |
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| (i) This Act does not apply to the painting of roadway | 2 |
| surfaces. | 3 |
| (j) This Act does not apply to overall interior and | 4 |
| exterior demolition. | 5 |
| (k) Nothing in this Act shall be construed to require a | 6 |
| person who performs painting, drywall finishing, or glazing on | 7 |
| his or her own property to be licensed under this Act. | 8 |
| (l) Nothing in this Act shall be construed to require a | 9 |
| person who performs painting, drywall finishing, or glazing | 10 |
| work on his or her employer's property to be licensed under | 11 |
| this Act where there exists an employer-employee relationship. | 12 |
| (m) This Act does not apply to a person, or to the person's | 13 |
| employees, who perform painting, drywall finishing, or glazing | 14 |
| work incidental to the management of real property on behalf of | 15 |
| the owner of the property, so long as the person or employee | 16 |
| does not hold himself or herself out as, or bid for work | 17 |
| separately as, a painting, drywall finishing, or glazing | 18 |
| contractor. | 19 |
| Section 15. Powers and duties of the Department. The | 20 |
| Department may exercise the following powers and
duties subject | 21 |
| to the provisions of this Act:
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| (1) To prescribe forms of application for licensure.
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| (2) To pass upon the qualifications of applicants for | 24 |
| licensure and issue licenses to those found to be
fit and | 25 |
| qualified.
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| (3) To conduct hearings on proceedings to revoke, | 27 |
| suspend, or otherwise
discipline or to refuse to issue or | 28 |
| renew licenses.
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| (4) To adopt rules when required for the administration
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| and enforcement of this Act. | 31 |
| Section 20. Application for original licensure.
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| (a) To obtain an original license, an applicant shall |
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| submit an application in writing to the Department on a form | 2 |
| containing the information prescribed by the Department and | 3 |
| accompanied by the required application fee, which shall not be | 4 |
| refundable. An application shall require information that in | 5 |
| the judgment of the Department will enable the Department to | 6 |
| pass on the qualifications of the applicant for a license. | 7 |
| (b) An applicant for a license must submit satisfactory | 8 |
| evidence that he or she: | 9 |
| (1) has obtained public liability and property damage | 10 |
| insurance in such amounts and under such circumstances as | 11 |
| may be determined by the Department; | 12 |
| (2) has obtained workers' compensation insurance | 13 |
| covering his or her employees or is approved as a | 14 |
| self-insurer of workers' compensation in accordance with | 15 |
| Illinois law; | 16 |
| (3) has an Illinois Unemployment Insurance | 17 |
| identification number or has proof of application to the | 18 |
| Illinois Department of Labor for such an identification | 19 |
| number; and
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| (4) has submitted a bond to the Department in the | 21 |
| amount of $10,000. | 22 |
| (c) It is the responsibility of the licensee to provide to | 23 |
| the Department notice in writing of any changes in the | 24 |
| information required to be provided on the application. | 25 |
| Section 23. Business as an individual; application as legal | 26 |
| entity.
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| (a) When an individual proposes to do business in his or | 28 |
| her own name, licensure, when granted, shall be issued only to | 29 |
| that individual. | 30 |
| (b) If the applicant is proposing to qualify a partnership, | 31 |
| corporation, business trust, or other legal entity, | 32 |
| application shall be made for each such entity and shall state | 33 |
| the name of the partnership and of its partners, the name of |
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| the corporation and of its officers and directors, the name of | 2 |
| business trust and its trustees, or the name of such other | 3 |
| legal entity and its members, and the use of fictitious names, | 4 |
| if a fictitious name is used. The application shall also show | 5 |
| that the person applying for the certification is legally | 6 |
| qualified to act for the business organization in all matters | 7 |
| connected with its contracting business and that he or she has | 8 |
| authority to supervise painting, drywall finishing, and | 9 |
| glazing operations. | 10 |
| Section 27. License number on contracts and bids.
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| (a) Each contractor shall affix his or her license number | 12 |
| to all his or her contracts and bids. In addition, the official | 13 |
| issuing building permits shall affix the contractor's license | 14 |
| number to each application for a building permit and on each | 15 |
| building permit issued and recorded. | 16 |
| (b) Every contractor shall affix his or her license number | 17 |
| and name on all vehicles used as part of his or her business as | 18 |
| a contractor. | 19 |
| (c) Every holder of a license shall display it in a | 20 |
| conspicuous place in his or her principal office, place of | 21 |
| business, or employment. | 22 |
| Section 30. Qualifications for a license as a contractor.
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| (a) To qualify for a license as a contractor, a person | 24 |
| shall have at least 48 months of practical experience as | 25 |
| defined by rule.
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| (b) The Department may credit training, apprenticeship, or | 27 |
| education in lieu of the 48 months of practical experience as | 28 |
| follows:
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| (1) a maximum of one and one-half years upon submission | 30 |
| of a certificate of completion from a U.S. D.O.L. Bureau of | 31 |
| Apprenticeship and Training accredited school for | 32 |
| painting, drywall finishing, or glazing completed in not |
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| less than 12 months; or | 2 |
| (2) a maximum of 2 years upon submission of transcripts | 3 |
| of one of the following: | 4 |
| (A) a 4-year degree from an accredited college or | 5 |
| university in the fields of accounting, business, | 6 |
| economics, mathematics, physics, or areas; | 7 |
| (B) a professional degree in law; or | 8 |
| (C) substantial college or university course work | 9 |
| in accounting, architecture, business, construction | 10 |
| technology, drafting, economics, engineering, | 11 |
| mathematics, or physics; or | 12 |
| (3) a maximum of 3 years upon submission of: | 13 |
| (A) a Certificate of Completion of Apprenticeship | 14 |
| from an U.S. D.O.L. Bureau of Apprenticeship and | 15 |
| Training accredited apprenticeship program or a | 16 |
| certified statement of a completion of apprenticeship | 17 |
| training from the International Union of Painters and | 18 |
| Allied Trades; or
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| (B) transcripts for a 4-year degree from an | 20 |
| accredited college or university in architecture, | 21 |
| construction technology, or any field of engineering | 22 |
| that is directly related to painting, drywall | 23 |
| finishing, or glazing. | 24 |
| (c) Applicants have 3 years from the date of application to | 25 |
| complete the application process. If the application has not | 26 |
| been completed within 3 years, the application shall be denied, | 27 |
| the fee shall be forfeited, and the applicant must reapply and | 28 |
| meet the requirements in effect at the time of reapplication. | 29 |
| Section 33. Bond. Before issuing or renewing a license, the
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| Department shall require each applicant or licensee to file and
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| maintain in force a surety bond in the amount specified in | 32 |
| paragraph (4) of subsection (b) of Section 20, issued by an | 33 |
| insurance company
authorized to transact fidelity and surety |
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| business in the State of
Illinois.
The bond shall be continuous
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| in form, unless terminated by the insurance company. An
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| insurance company may terminate a bond and avoid further | 4 |
| liability by
filing a 60-day notice of termination with the | 5 |
| Department and, at the
same time, sending the notice to the | 6 |
| contractor. A license
shall be cancelled without hearing on the | 7 |
| termination date of the contractor's
bond, unless a new bond is | 8 |
| filed with the Department to become
effective at the | 9 |
| termination date of the prior bond. If a license has
been | 10 |
| cancelled without hearing under this Section, the license shall | 11 |
| be
reinstated upon showing
proof of compliance with this Act. | 12 |
| Section 35. Expiration of license.
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| (1) A license shall expire 2 years from the last day of the | 14 |
| month in which it was issued.
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| (2) Failure to renew the license prior to the expiration
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| thereof
shall cause the license to become nonrenewed and it | 17 |
| shall
be unlawful
thereafter for the licensee to engage or | 18 |
| offer to engage in painting, drywall finishing, or glazing | 19 |
| contracting business under the license unless
and until the | 20 |
| license is restored or reissued as defined by
rule. | 21 |
| Section 40. Public records. | 22 |
| (1) All information required by the Department of any | 23 |
| applicant
for licensure shall be a public record, except | 24 |
| financial
information.
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| (2) If a licensee changes his or her name
style, address, | 26 |
| or employment
from that which appears on his or her current | 27 |
| license,
he or she shall notify the
Department of the change | 28 |
| within 30 days after it occurs.
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| (3) All public records of the Department, when duly | 30 |
| certified by the
Director, shall be received as prima facie | 31 |
| evidence in any State
administrative or judicial proceedings. |
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| Section 45. Grounds for disciplinary action. The | 2 |
| Department may refuse
to issue or to renew or may revoke, | 3 |
| suspend, place on probation, reprimand,
or take other | 4 |
| disciplinary action as the Department may deem proper,
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| including fines not to exceed $1,000 for each violation, with | 6 |
| regard to any
license for any one or combination of the | 7 |
| following causes:
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| (a) violation of this Act or its rules;
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| (b) conviction of any crime under the laws of any U.S. | 10 |
| jurisdiction
which is a felony or which is a misdemeanor, | 11 |
| an essential element
of which is dishonesty, or of any | 12 |
| crime which directly relates to the
practice of the | 13 |
| profession;
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| (c) making any misrepresentation for the purpose of | 15 |
| obtaining a license;
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| (d) professional incompetence or gross negligence in | 17 |
| the practice of
painting, drywall finishing, or glazing | 18 |
| contracting;
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| (e) gross malpractice, prima facie evidence of which | 20 |
| may be a conviction
or judgment of malpractice in any court | 21 |
| of competent jurisdiction;
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| (f) aiding or assisting another person in violating any | 23 |
| provision of
this Act or rules;
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| (g) failing, within 60 days, to provide information in | 25 |
| response to a
written request made by the Department which | 26 |
| has been sent by certified or
registered mail to the | 27 |
| licensee's last known address;
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| (h) engaging in dishonorable, unethical, or | 29 |
| unprofessional conduct of a
character likely to deceive, | 30 |
| defraud, or harm the public;
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| (i) habitual or excessive use or addiction to alcohol, | 32 |
| narcotics,
stimulants, or any other chemical agent or drug | 33 |
| that results in the
inability to practice with reasonable | 34 |
| judgment, skill, or safety;
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| (j) discipline by another U.S. jurisdiction or foreign | 2 |
| nation, if at
least one of the grounds for the discipline | 3 |
| is the same or substantially
equivalent to those set forth | 4 |
| in this Section;
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| (k) directly or indirectly giving to or receiving from | 6 |
| any person, firm,
corporation, partnership, or association | 7 |
| any fee, commission, rebate, or
other form of compensation | 8 |
| for any professional services not actually or
personally | 9 |
| rendered;
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| (l) a finding by the Department that the licensee, | 11 |
| after having his
or her license placed on probationary | 12 |
| status, has violated the terms of
probation;
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| (m) conviction by any court of competent jurisdiction, | 14 |
| either within or
without this State, of any violation of | 15 |
| any law governing the practice of
painting, drywall | 16 |
| finishing, or glazing contracting, if the Department | 17 |
| determines, after investigation,
that such person has not | 18 |
| been sufficiently rehabilitated to warrant the
public | 19 |
| trust;
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| (n) a finding that licensure has been applied for or | 21 |
| obtained by
fraudulent means;
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| (o) practicing, attempting to practice, or advertising | 23 |
| under
a name
other than the
full name as shown on the | 24 |
| license or any other legally authorized name;
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| (p) gross and willful overcharging for professional | 26 |
| services including
filing false statements for collection | 27 |
| of fees or monies for which services
are not rendered;
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| (q) failure to file a return, or to pay the tax, | 29 |
| penalty or interest
shown in a filed return, or to pay any | 30 |
| final assessment of tax, penalty or
interest, as required | 31 |
| by any tax Act administered by the Illinois
Department of | 32 |
| Revenue, until such time as the requirements of any such | 33 |
| tax
Act are satisfied;
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| (r) failure to continue to meet the requirements of |
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| this Act shall be
deemed a violation;
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| (s) physical or mental disability, including | 3 |
| deterioration through the
aging process or loss of | 4 |
| abilities and skills that result in an inability to
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| practice the profession with reasonable judgment, skill, | 6 |
| or safety;
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| (t) material misstatement in furnishing information to | 8 |
| the Department or
to
any other State agency;
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| (u) the determination by a court that a licensee is | 10 |
| subject to involuntary
admission or judicial admission as | 11 |
| provided in the Mental Health and
Developmental | 12 |
| Disabilities Code will result in an automatic suspension of | 13 |
| his
or her license. The suspension will end upon a finding | 14 |
| by a court that the
licensee is no longer subject to | 15 |
| involuntary admission or judicial admission,
the issuance | 16 |
| of an order so finding and discharging the patient, and the
| 17 |
| recommendation of the Board to the Director that the | 18 |
| licensee be allowed to
resume professional practice;
| 19 |
| (v) advertising in any manner that is false, | 20 |
| misleading, or deceptive; or
| 21 |
| (w) a violation of the Union Employee Health and | 22 |
| Benefits Protection Act, the Minimum Wage Law, the Illinois | 23 |
| Wage Payment and Collection Act, the Prevailing Wage Act, | 24 |
| the One Day Rest in Seven Act, or the Employee Benefit | 25 |
| Contribution Act.
| 26 |
| The Department shall deny any license or renewal under this
| 27 |
| Act to any person who has defaulted on an educational loan | 28 |
| guaranteed by
the Illinois Student Assistance Commission; | 29 |
| however, the Department may
issue a license or renewal if the | 30 |
| person in default has established a
satisfactory repayment | 31 |
| record as determined by the Illinois Student Assistance | 32 |
| Commission. | 33 |
| Section 50. Stenographer; record of proceedings. The |
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| Department, at its
expense, shall provide a stenographer to | 2 |
| take down the testimony and preserve
a record of all | 3 |
| proceedings initiated pursuant to this Act, the rules for the
| 4 |
| administration of this Act, or any other Act or rules relating | 5 |
| to this Act
and proceedings for restoration of any license | 6 |
| issued under this Act. The
notice of hearing, complaint, | 7 |
| answer, and all other documents in the nature
of pleadings and | 8 |
| written motions and responses filed in the proceedings, the
| 9 |
| transcript of the testimony, all exhibits admitted into | 10 |
| evidence, the report
of the hearing officer, the Board's | 11 |
| findings of fact, conclusions of law,
and recommendations to | 12 |
| the Director, and the order shall be the record
of the | 13 |
| proceedings. The Department shall furnish a transcript of the | 14 |
| record
to any person interested in the hearing upon payment of | 15 |
| the fee required
under Section 2105-115
of the Department of | 16 |
| Professional Regulation Law (20 ILCS 2105/2105-115). | 17 |
| Section 55. Attendance of witnesses; production of | 18 |
| documents; contempt. Any circuit court may, upon application of | 19 |
| the Department or
its designee or of the applicant or licensee | 20 |
| against whom proceedings are
pending, enter an order requiring | 21 |
| the attendance of witnesses and their
testimony, and the | 22 |
| production of documents, papers, files, books and
records in | 23 |
| connection with any hearing or investigation. The court may
| 24 |
| compel obedience to its order by proceedings for contempt. | 25 |
| Section 60. Subpoenas; oaths. The Department has the power | 26 |
| to subpoena and bring before it any
person in this State and to | 27 |
| take testimony either orally or by deposition or
both, or to | 28 |
| subpoena documents, exhibits, or other materials with the same
| 29 |
| fees and mileage and in the same manner as prescribed by law in | 30 |
| judicial
proceedings in civil cases in circuit courts of this | 31 |
| State.
| 32 |
| The Director and any member of the Board have power to
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| administer oaths to witnesses at any hearing that the | 2 |
| Department or Board is authorized by law to conduct. Further, | 3 |
| the Director has power
to administer any other oaths required | 4 |
| or authorized to be administered by the
Department under this | 5 |
| Act. | 6 |
| Section 65. Findings of facts, conclusions of law, and | 7 |
| recommendations; order. Within 60
days
of the Department's | 8 |
| receipt of the transcript of any hearing that is conducted
| 9 |
| pursuant to this Act or the rules for its enforcement or any | 10 |
| other statute or
rule
requiring a hearing under this Act or the | 11 |
| rules for its enforcement, or for any
hearing related to | 12 |
| restoration of any license issued pursuant to this Act, the
| 13 |
| hearing officer shall submit his or her written findings and | 14 |
| recommendations to
the Board. The Board shall review the report
| 15 |
| of
the hearing officer and shall present its findings of fact, | 16 |
| conclusions of law,
and recommendations to the Director by the | 17 |
| date of the Board's second meeting
following the Board's | 18 |
| receipt of the hearing officer's report.
| 19 |
| A copy of the findings of fact, conclusions of law, and | 20 |
| recommendations to
the Director shall be served upon the | 21 |
| accused person, either personally or by
registered or certified | 22 |
| mail. Within 20 days after service, the accused person
may | 23 |
| present to the Department a written motion for a rehearing, | 24 |
| which shall
state
the particular grounds therefor. If the | 25 |
| accused person orders and pays for a
transcript pursuant to | 26 |
| Section 50, the time elapsing thereafter and before
the
| 27 |
| transcript is ready for delivery to him or her shall not be | 28 |
| counted as part of
the
20
days.
| 29 |
| The Director shall issue an order based on the findings of | 30 |
| fact,
conclusions
of law, and recommendations to the Director. | 31 |
| If the Director
disagrees in any regard with the findings of | 32 |
| fact, conclusions of law, and
recommendations to the Director, | 33 |
| he may issue an order in contravention of the
findings of fact, |
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| conclusions of law, and recommendations to the Director.
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| If the Director issues an order in contravention of the | 3 |
| findings of fact,
conclusions of law, and recommendations to | 4 |
| the Director, the
Director shall notify the Board in writing | 5 |
| with an explanation for any
deviation
from the Board's findings | 6 |
| of fact, conclusions of law, and recommendations to
the
| 7 |
| Director within 30 days of the Director's entry of the order. | 8 |
| Section 70. Temporary suspension. The Director may | 9 |
| temporarily suspend the
license of a painting, drywall | 10 |
| finishing, or glazing contractor without a hearing, | 11 |
| simultaneously with
the institution of proceedings for a | 12 |
| hearing provided for in this Act, if
the Director finds that | 13 |
| evidence in his or her possession indicates that
continuation | 14 |
| in practice would constitute an imminent danger to the public.
| 15 |
| In the event that the Director temporarily suspends a license | 16 |
| without a
hearing, a hearing by the Department shall be held
| 17 |
| within 30 days after such suspension has occurred. | 18 |
| Section 75. Review under Administrative Review Law. All | 19 |
| final administrative decisions of the Department are
subject to | 20 |
| judicial review pursuant to the Administrative Review Law and | 21 |
| its rules. The term "administrative decision" is defined as
in | 22 |
| Section 3-101 of the Code of Civil Procedure. | 23 |
| Section 80. Violations. A violation of this Act is | 24 |
| punishable by a $1,000 fine for a first offense and a $2,500 | 25 |
| fine for a second offense. A third or subsequent violation of | 26 |
| this Act is a Class A misdemeanor. | 27 |
| Section 85. Administrative Procedure Act. The Illinois | 28 |
| Administrative
Procedure Act is hereby expressly adopted and | 29 |
| incorporated
herein as if all of the provisions of that Act | 30 |
| were included in
this Act, except that the provision of |
|
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| 1 |
| subsection (d) of
Section 10-65 of the Illinois Administrative | 2 |
| Procedure Act
that provides that at hearings the licensee has | 3 |
| the
right to show compliance with all lawful requirements for | 4 |
| retention,
continuation or renewal of the license is | 5 |
| specifically excluded. For the
purpose of this Act the notice | 6 |
| required under Section 10-25 of the
Administrative Procedure | 7 |
| Act is deemed sufficient when mailed
to the last known address | 8 |
| of a party. | 9 |
| Section 90. Certification of record; costs. The Department | 10 |
| shall not be
required to certify any record to the court, to | 11 |
| file an answer in court, or to
otherwise appear in any court in | 12 |
| a judicial review proceeding, unless there is
filed in the | 13 |
| court, with the complaint, a receipt from the Department
| 14 |
| acknowledging payment of the costs of furnishing and certifying | 15 |
| the record.
Failure on the part of the plaintiff to file the | 16 |
| receipt in court is grounds
for dismissal of the action. | 17 |
| Section 95. Returned checks; fines.
Any person who | 18 |
| delivers a check or other payment to the Department that
is | 19 |
| returned to the Department unpaid by the financial institution | 20 |
| upon
which it is drawn shall pay to the Department, in addition | 21 |
| to the amount
already owed to the Department, a fine of $50. | 22 |
| The fines imposed by this
Section are in addition
to any other | 23 |
| discipline provided under this Act for unlicensed
practice or | 24 |
| practice on a nonrenewed license. The Department shall notify
| 25 |
| the person that payment of fees and fines shall be paid to the | 26 |
| Department
by certified check or money order within 30 calendar | 27 |
| days of the
notification. If, after the expiration of 30 days | 28 |
| from the date of the
notification, the person has failed to | 29 |
| submit the necessary remittance, the
Department shall | 30 |
| automatically terminate the license or deny
the application, | 31 |
| without hearing. If, after termination or denial, the
person | 32 |
| seeks a license, he or she shall apply to the
Department for |
|
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| restoration or issuance of the license and
pay all the | 2 |
| application fees as set by rule. The Department may establish
a | 3 |
| fee for the processing of an application for restoration of a | 4 |
| license to pay
all expenses of processing this application. The | 5 |
| Director
may waive the fines due under this Section in | 6 |
| individual cases where the
Director finds that the fines would | 7 |
| be unreasonable or unnecessarily
burdensome. | 8 |
| Section 100. Hearing officers. The Director has the | 9 |
| authority to appoint any
attorney duly licensed to practice law | 10 |
| in the State of Illinois to serve as
the hearing officer for | 11 |
| any action for refusal to issue or renew a license,
for
| 12 |
| discipline of a licensee for sanctions for unlicensed practice, | 13 |
| for
restoration of a license, or for any
other action for which | 14 |
| findings of fact, conclusions of law, and
recommendations
are | 15 |
| required pursuant to Section 65 of this Act. The hearing | 16 |
| officer shall
have full authority to conduct the hearing and | 17 |
| shall
issue his or her findings of fact and recommendations to | 18 |
| the Board pursuant to
Section 65 of this Act. | 19 |
| Section 105. Investigation; notice; default. The | 20 |
| Department may
investigate the actions of any applicant
or any | 21 |
| person or persons holding or claiming to hold a license. The
| 22 |
| Department shall, before suspending, revoking, placing on | 23 |
| probationary
status, or taking any other disciplinary action as | 24 |
| the Department may deem
proper with regard to any license, at | 25 |
| least 30 days prior to
the date set for the hearing, notify the | 26 |
| accused in writing of any charges
made and the time and place | 27 |
| for a hearing on the charges before the hearing
officer, direct | 28 |
| him or her to file his written answer with the hearing
officer | 29 |
| under oath within 30 days after the service on him or her of | 30 |
| such
notice,
and inform him or her that if he or she fails to | 31 |
| file such answer
default will be taken
against him or her and | 32 |
| his or her license may be
suspended, revoked,
placed on |
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| 1 |
| probationary status, or other disciplinary action, including
| 2 |
| limiting the scope, nature or extent of his or her practice, as | 3 |
| the
Department may
deem proper, taken. This written notice may | 4 |
| be served
by personal delivery or certified or registered mail | 5 |
| to the Department.
In case the person fails to file an answer | 6 |
| after receiving notice, his or
her license may, in the | 7 |
| discretion of the Department, be
suspended, revoked, or placed | 8 |
| on probationary status, or the Department may
take whatever | 9 |
| disciplinary action deemed proper, including limiting the
| 10 |
| scope, nature, or extent of the person's practice or the | 11 |
| imposition of a
fine, without a hearing, if the act or acts | 12 |
| charged constitute sufficient
grounds for such action under | 13 |
| this Act.
At
the time and place fixed in the notice, the | 14 |
| Department shall proceed to
hear the charges and the parties or | 15 |
| their counsel shall be accorded ample
opportunity to present | 16 |
| such statements, testimony, evidence and argument as
may be | 17 |
| pertinent to the charges or to their defense. The Department
| 18 |
| may continue such hearing from time to time. At the discretion | 19 |
| of the
Director after having first received the recommendation | 20 |
| of the hearing
officer, the accused person's license may be | 21 |
| suspended, revoked, placed on
probationary status, or other | 22 |
| disciplinary action may be taken as the
Director may deem | 23 |
| proper, including limiting the scope, nature, or extent
of said | 24 |
| person's practice without a hearing, if the act or acts charged
| 25 |
| constitute sufficient grounds for such action under this Act. | 26 |
| Section 110. Enforcement; petition to court. | 27 |
| (a) If any person violates the provisions of this Act, the
| 28 |
| Director through the Attorney General of Illinois, or the | 29 |
| State's Attorney
of any county in which a violation is alleged | 30 |
| to exist, may in the name of
the People of the State of | 31 |
| Illinois petition for an order enjoining such
violation or for | 32 |
| an order enforcing compliance with this Act. Upon the
filing of | 33 |
| a verified petition in such court, the court may issue a
|
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| temporary restraining order, without notice or bond, and may | 2 |
| preliminarily
and permanently enjoin such violation, and if it | 3 |
| is established that such
person has violated or is violating | 4 |
| the injunction, the Court may punish the
offender for contempt | 5 |
| of court.
| 6 |
| (b) If any person shall practice as a
licensee or hold | 7 |
| himself or herself out as a
licensee without being licensed
| 8 |
| under the provisions of this Act, then any person licensed
| 9 |
| under this Act,
any interested party or any person injured | 10 |
| thereby may, in addition to
those officers identified in | 11 |
| subsection (a) of this Section, petition for
relief as provided | 12 |
| therein.
| 13 |
| (c) Whenever the Department has reason to believe that any | 14 |
| person has
violated the licensing requirements of this Act by | 15 |
| practicing, offering to
practice, attempting to practice, or | 16 |
| holding himself or herself out to practice
painting, drywall | 17 |
| finishing, or glazing without being licensed under this Act, | 18 |
| the Department may issue a rule
to
show cause why an order to | 19 |
| cease and desist should not be entered against that
person. The | 20 |
| rule shall clearly set forth the grounds relied upon by the
| 21 |
| Department and shall provide a period of 7 days from the date | 22 |
| of the rule to
file
an answer to the satisfaction of the | 23 |
| Department. Failure to answer to the
satisfaction of the | 24 |
| Department shall cause an order to cease and desist to be
| 25 |
| issued immediately. It is not a violation of this Act for a | 26 |
| person whose regular job duties are custodial and maintenance | 27 |
| work, but who in the normal course of work engages in | 28 |
| incidental drywall repair, related drywall taping, spot | 29 |
| painting, and minor glazing repair work.
| 30 |
| (d) Proceedings under this Section shall be
in addition to, | 31 |
| and not in lieu of, all other remedies and penalties which
may | 32 |
| be provided by law. | 33 |
| Section 115. Unlicensed practice; violation; civil |
|
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|
| 1 |
| penalty.
| 2 |
| (a) Any person who practices, offers to practice, attempts | 3 |
| to practice, or
holds himself or herself out to practice | 4 |
| painting, drywall finishing, or glazing without being licensed | 5 |
| under
this Act shall, in addition to any other penalty provided | 6 |
| by law, pay a civil
penalty to the Department in an amount not | 7 |
| to exceed $5,000 for each offense as
determined by the | 8 |
| Department. The civil penalty shall be assessed by the
| 9 |
| Department after a hearing is held in accordance with the | 10 |
| provisions set forth
in this Act regarding the provision of a | 11 |
| hearing for the discipline of a
licensee.
| 12 |
| (b) The Department has the authority and power to | 13 |
| investigate any and all
unlicensed activity.
| 14 |
| (c) The civil penalty shall be paid within 60 days after | 15 |
| the effective date
of the order imposing the civil penalty. The | 16 |
| order shall constitute a judgment
and may be filed and | 17 |
| execution had thereon in the same manner as any judgment
from | 18 |
| any court of record. | 19 |
| Section 120. Deposit of fees. All fees and fines collected | 20 |
| under this Act shall be deposited into the General Professions | 21 |
| Dedicated Fund and shall be appropriated to the Department for | 22 |
| the purpose of administering and enforcing this Act. | 23 |
| Section 125. The Painting, Drywall Finishing, and Glazing | 24 |
| Contractor Licensing Board. The Painting, Drywall Finishing, | 25 |
| and Glazing Contractor Licensing Board is created and
shall | 26 |
| consist of 7 persons, one of whom is a knowledgeable public
| 27 |
| member and 6 of whom have been issued licenses as painting, | 28 |
| drywall finishing, and glazing contractors by the Department | 29 |
| (for initial appointments, these 6 members must meet the | 30 |
| requirements for licensure under this Act).
One of the 6 | 31 |
| licensed contractors on the Board shall represent a
statewide | 32 |
| association representing painters.
The public member shall not |
|
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| be licensed under
this Act or any other Act the Department | 2 |
| administers. Each member shall be
appointed by the Director. | 3 |
| Members shall be appointed who reasonably represent
the | 4 |
| different geographic areas of the State.
| 5 |
| Members of the Painting, Drywall Finishing, and Glazing | 6 |
| Contractor Licensing Board shall be immune from suit in any
| 7 |
| action based upon any disciplinary proceedings or other acts | 8 |
| performed in good
faith as members of the Board, unless the | 9 |
| conduct that gave
rise to the suit was willful and wanton | 10 |
| misconduct.
| 11 |
| The persons appointed shall hold office for 4 years and | 12 |
| until a successor is
appointed and qualified. Of the
members of | 13 |
| the Board first appointed, 2 shall be appointed to serve for 2
| 14 |
| years, 2 shall be appointed to serve for 3 years, and 3 shall | 15 |
| be appointed to
serve for 4 years. No member shall serve more | 16 |
| than 2 complete 4-year terms.
| 17 |
| Within 90 days of a vacancy occurring, the Director shall | 18 |
| fill the vacancy
for the unexpired portion of the term with an | 19 |
| appointee who meets the same
qualifications as the person whose | 20 |
| position has become vacant. The Board shall
meet annually to | 21 |
| elect one member as chairman and one member as vice-chairman.
| 22 |
| No officer shall be elected more than twice in succession to | 23 |
| the same office.
The members of the Board shall receive | 24 |
| reimbursement for actual, necessary, and
authorized expenses | 25 |
| incurred in attending the meetings of the Board.
| 26 |
| Section 999. Effective date. This Act takes effect upon | 27 |
| becoming law.".
|
|