Illinois General Assembly - Full Text of SB0698
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Full Text of SB0698  93rd General Assembly

SB0698 93rd General Assembly


093_SB0698

 
                                     LRB093 10653 AMC 10975 b

 1        AN ACT concerning land surveyors.

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

 4        Section  5.   The Illinois Professional Land Surveyor Act
 5    of 1989 is amended by changing Sections 1, 3, 4, 5, 6, 9, 12,
 6    15, 20, 25, 29, and 49 as follows:

 7        (225 ILCS 330/1) (from Ch. 111, par. 3251)
 8        (Section scheduled to be repealed on January 1, 2010)
 9        Sec. 1.  Declaration of public policy.  The  practice  of
10    land surveying in the State of Illinois is hereby declared to
11    affect  the  public  health,  safety,  and  welfare and to be
12    subject to regulation and control in the public interest.  It
13    is further  declared  that  the  determination  and  physical
14    protraction  of  land boundaries, together with the attendant
15    preparation of  legal  descriptions  and  plats,  which  bear
16    witness for posterity and become part of the public record to
17    chronicle  the  acts and wishes of landowners throughout this
18    State is a matter of public interest and concern.  Therefore,
19    it is in the  public  interest  that  the  practice  of  land
20    surveying,  as  defined  in  this  Act, merit and receive the
21    confidence of the public, and that only qualified persons  be
22    authorized  to  practice  land  surveying  in  the  State  of
23    Illinois.   This  Act  shall  be  liberally construed to best
24    carry out this purpose.
25    (Source: P.A. 86-987.)

26        (225 ILCS 330/3) (from Ch. 111, par. 3253)
27        (Section scheduled to be repealed on January 1, 2010)
28        Sec. 3.  Exceptions.  This Act does not prohibit: (a) any
29    person licensed in  this  State  under  any  other  Act  from
30    engaging in the practice for which that person is licensed.;
 
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 1        (b)  An  individual,  firm, or corporation engaged in any
 2    line of business other than the practice  of  land  surveying
 3    from  employing  a  licensed  land  surveyor  to perform land
 4    surveying services directly incidental  to  the  business  of
 5    that individual, firm, or corporation.
 6    (Source: P.A. 86-987.)

 7        (225 ILCS 330/4) (from Ch. 111, par. 3254)
 8        (Section scheduled to be repealed on January 1, 2010)
 9        Sec. 4.  Definitions.  As used in this Act:
10        (a)  "Department"  means  the  Department of Professional
11    Regulation.
12        (b)  "Director"  means  the  Director   of   Professional
13    Regulation.
14        (c)  "Board" means the Land Surveyors Licensing Board.
15        (d)  "Direct  supervision and control" means the personal
16    review by a  Licensed  Professional  Land  Surveyor  of  each
17    survey, including, but not limited to, procurement, research,
18    field  work,  calculations, preparation of legal descriptions
19    and plats.  The personal review shall be of such a nature  as
20    to  assure  the client that the Professional Land Surveyor or
21    the firm for which the Professional Land Surveyor is employed
22    is the provider of the surveying services.
23        (e)  "Responsible charge" means an individual responsible
24    for the various components  of  the  land  survey  operations
25    subject  to  the  overall  supervision  and  control  of  the
26    Professional Land Surveyor.
27        (f)  "Design   professional"   means   a  land  surveyor,
28    architect,  structural  engineer,  or  professional  engineer
29    licensed  practicing  in  conformance  with  this  Act,   the
30    Illinois  Architecture  Practice  Act of 1989, the Structural
31    Engineering  Practice  Act  of  1989,  or  the   Professional
32    Engineering Practice Act of 1989.
33        (g)  "Professional   Land   Surveyor"  means  any  person
 
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 1    licensed under the laws of the State of Illinois to  practice
 2    land surveying, as defined by this Act or its rules.
 3        (h)  "Land   Surveyor-in-Training"   means   any   person
 4    licensed  under  the  laws  of  the State of Illinois who has
 5    qualified for,  taken,  and  passed  an  examination  in  the
 6    fundamental land surveyor-in-training subjects as provided by
 7    this Act or its rules.
 8        (i)  "Land  surveying  experience" means those activities
 9    enumerated in Section 5 of this Act, which, when exercised in
10    combination, to the satisfaction of the Board, is proof of an
11    applicant's broad range of training in and  exposure  to  the
12    prevailing practice of land surveying.
13    (Source: P.A. 91-91, eff. 1-1-00; 91-132, eff. 1-1-00; 92-16,
14    eff. 6-28-01.)

15        (225 ILCS 330/5) (from Ch. 111, par. 3255)
16        (Section scheduled to be repealed on January 1, 2010)
17        Sec.  5.  Practice of land surveying defined.  Any one or
18    combination  of  the  following  practices  constitutes   the
19    practice of land surveying:
20        (a)  Surveying,  preparation of boundary descriptions and
21    measuring the area of any portion of the earth's surface, the
22    lengths and directions of the boundary lines, or the  contour
23    of  the  surface  for their determination and description for
24    conveying  or  for  recording,   or   for   Establishing   or
25    reestablishing, locating, defining, and making or monumenting
26    land  boundaries  or  lines  and  the  platting  of lands and
27    subdivisions;
28        (b)  Establishing Surveying and  measuring  the  area  or
29    volume  of any portion of the earth's surface, subsurface, or
30    surveying and measuring an area of the airspace with  respect
31    to  boundary lines, determining the configuration or contours
32    of  any  portion  of  the  earth's  surface,  subsurface,  or
33    airspace or the location of fixed objects  thereon  over  the
 
                            -4-      LRB093 10653 AMC 10975 b
 1    earth's  surface,  to  determine  the  location  of  property
 2    rights;
 3        (c)  Preparing  descriptions  for  the  determination  of
 4    title rights to any portion or volume of the earth's surface,
 5    subsurface,  or  airspace involving the lengths and direction
 6    of boundary lines, areas, parts of  platted  parcels  or  the
 7    contours  of  the  earth's  surface,  subsurface, or airspace
 8    Preparing, and attesting to the accuracy of, a  map  or  plat
 9    showing  the  land  boundaries  or  lines  and  the marks and
10    monuments of the boundaries, or of a map or plat showing  the
11    boundaries of subsurface or air rights;
12        (d)  Executing  and  issuing  certificates, endorsements,
13    reports, or plats  which  portray  the  relationship  between
14    existing  physical  objects  or  structures  and  one or more
15    corners or  boundaries  of  any  tract  or  lot  of  land  or
16    boundaries  of  a  portion  of  the  surface,  subsurface, or
17    airspace;
18        (d)  (e)  Labeling,  designating,  naming,  or  otherwise
19    identifying legal lines, property lines or land  title  lines
20    of  the  United  States Rectangular System or any subdivision
21    thereof on any photograph, photographic composite, or  mosaic
22    or  photogrammetric map of any portion of the earth's surface
23    for the purpose of  recording  the  same  in  the  Office  of
24    Recorder or Registrar of Titles in any county;
25        (f)  Determining   the   position  for  any  monument  or
26    reference point which marks a  property  line,  boundary,  or
27    corner,  or  to  set,  reset,  or replace any the monument or
28    reference point on any property;
29        (g)  Acting in direct supervision  and  control  of  land
30    surveying  activities or conducting as a manager in any place
31    of business  which  solicits,  performs,  or  practices  land
32    surveying;
33        (e)  (h)  Any act or combination of acts that which would
34    be viewed as offering professional  land  surveying  services
 
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 1    including:
 2             (1)  setting  monuments which have the appearance of
 3        or for the express purpose of  marking  land  boundaries,
 4        either directly or as an accessory; or
 5             (2)  providing   any   sketch,  map,  plat,  report,
 6        monument record, or other document which  indicates  land
 7        boundaries and monuments, or accessory monuments thereto,
 8        except  that  if  the sketch, map, plat, report, monument
 9        record, or other  document  is  a  copy  of  an  original
10        prepared  by  a Professional Land Surveyor, and if proper
11        reference to that fact be made on that document;
12        (f)  Determining  the  position  for  any   monument   or
13    reference point that marks a title line, boundary, or corner,
14    or  to set, reset, or replace any monument or reference point
15    on any property;
16        (g)  Creating,  preparing,  or  modifying  electronic  or
17    computerized data, including land  information  systems,  and
18    geographic  information  systems, relative to the performance
19    of activities in items (a) through (f) of this Section.
20        (h)  Establishing any control  network  or  adjusting  of
21    cadastral  data  as  it  pertains  to (a) through (g) of this
22    Section;
23        (i)  Preparing and attesting to the accuracy of a map  or
24    plat  showing  the  land  boundaries  or  lines and marks and
25    monuments of the boundaries or of a map or plat  showing  the
26    boundaries of surface, subsurface, or air rights;
27        (j)  Executing  and  issuing  certificates, endorsements,
28    reports, or  plats  that  portray  the  relationship  between
29    existing  physical  objects  or  structures  and  one or more
30    corners or boundaries of any portion of the  earths  surface,
31    subsurface, or airspace;
32        (k)  Acting  in  direct  supervision  and control of land
33    surveying activities or conducting as a manager in any  place
34    of  business  that  solicits,  performs,  or  practices  land
 
                            -6-      LRB093 10653 AMC 10975 b
 1    surveying;
 2        (l)  (i)  Offering  or  soliciting  to perform any of the
 3    services set forth in this Section.
 4    (Source: P.A. 86-987.)

 5        (225 ILCS 330/6) (from Ch. 111, par. 3256)
 6        (Section scheduled to be repealed on January 1, 2010)
 7        Sec. 6.  Powers and duties of the Department.
 8        (a)  The Department shall exercise the powers and  duties
 9    prescribed  by  The Illinois Administrative Procedure Act for
10    the administration of licensing Acts.  The  Department  shall
11    also  exercise,  subject  to  the provisions of this Act, the
12    following powers and duties:
13             (1)  Conduct or authorize examinations to  ascertain
14        the   fitness   and   qualifications  of  applicants  for
15        licensure and issue licenses to those who are found to be
16        fit and qualified.
17             (2)  Prescribe rules for a method of examination.
18             (3)  Conduct  hearings  on  proceedings  to  revoke,
19        suspend, or refuse to issue, renew, or restore a license,
20        or other disciplinary actions.
21             (4)  Promulgate rules and regulations  required  for
22        the administration of this Act.
23             (5)  License  corporations  and partnerships for the
24        practice of professional surveying and issue a license to
25        those who qualify.
26             (6)  Prescribe, adopt, and amend rules  as  to  what
27        shall   constitute   a   surveying   or  related  science
28        curriculum, determine if a specific surveying  curriculum
29        is  in  compliance  with  the  rules,  and  terminate the
30        approval  of  a   specific   surveying   curriculum   for
31        non-compliance with such rules.
32             (7)  Maintain  membership in the National Council of
33        Engineering  Examiners  or  a  similar  organization  and
 
                            -7-      LRB093 10653 AMC 10975 b
 1        participate in activities of the Council or  organization
 2        by    designating    individuals    for    the    various
 3        classifications  of  membership and appoint delegates for
 4        attendance at zone and national meetings of  the  Council
 5        or organization.
 6             (8)  Obtain  written  recommendations from the Board
 7        regarding qualification  of  individuals  for  licensing,
 8        definition   of   curriculum   content  and  approval  of
 9        surveying curriculums, standards of professional  conduct
10        and  disciplinary actions, promulgate and amend the rules
11        affecting these matters, and consult with  the  Board  on
12        other matters affecting administration of the Act.
13        (a-5)  The  Department may promulgate rules for a Code of
14    Ethics and Standards of Practice to be  followed  by  persons
15    licensed  under  this Act.  The Department shall consider the
16    recommendations of the Board  in  establishing  the  Code  of
17    Ethics and Standards of Practice.
18        (b)  The  Department  shall  consult  with  the  Board in
19    promulgating rules.  Notice of proposed rulemaking  shall  be
20    transmitted  to the Board and the Department shall review the
21    Board's response and recommendations.
22        (c)  The   Department   shall    review    the    Board's
23    recommendation   of   the  applicants'  qualifications.   The
24    Director  shall  notify  the  Board  in   writing   with   an
25    explanation of any deviation from the Board's recommendation.
26    After  review of the Director's written explanation of his or
27    her  reasons  for  deviation,  the  Board  shall   have   the
28    opportunity to comment upon the Director's decision.
29        Whenever  the  Director is not satisfied that substantial
30    justice has been done in the revocation or  suspension  of  a
31    license,  or other disciplinary action the Director may order
32    re-hearing by the same or other boards.
33        None of the functions, powers  or  duties  enumerated  in
34    this Section shall be exercised by the Department except upon
 
                            -8-      LRB093 10653 AMC 10975 b
 1    the action and report in writing of the Board.
 2    (Source: P.A. 91-132, eff. 1-1-00.)

 3        (225 ILCS 330/9) (from Ch. 111, par. 3259)
 4        (Section scheduled to be repealed on January 1, 2010)
 5        Sec.   9.   Deviation  from  Board  recommendations.   On
 6    matters   concerning   qualification   of   individuals   for
 7    licensing, definition of curriculum content and  approval  of
 8    surveying  curriculums, standards of professional conduct and
 9    disciplinary actions, and the promulgation and  amendment  of
10    the  rules affecting these matters, the Director shall notify
11    the Board in writing with an  explanation  of  any  deviation
12    from  the  Board's  written  recommendation or response.  The
13    Board  shall  have  the  opportunity  to  comment  upon   the
14    Director's  decision  after  review of the Director's written
15    explanation  of  his  reasons  for  deviation.   On   matters
16    concerning  disciplinary  actions  and  the  promulgation and
17    amendment of the rules affecting these matters, the  Director
18    shall  notify the Board in writing with an explanation of any
19    deviation from the  Board's  written  recommendations.   When
20    such disciplinary recommendations by the Board are based upon
21    technical  expertise  and  experience  intrinsic  to the land
22    surveying  profession,  the  Director  shall   approve   such
23    recommendations with no further action.
24    (Source: P.A. 86-987.)

25        (225 ILCS 330/12) (from Ch. 111, par. 3262)
26        (Section scheduled to be repealed on January 1, 2010)
27        Sec. 12.  Qualifications for licensing.
28        (a)  A  person  is  qualified  to  receive a license as a
29    Professional Land Surveyor and the Department shall  issue  a
30    license to a person:
31             (1)  who has applied in writing in the required form
32        and substance to the Department;
 
                            -9-      LRB093 10653 AMC 10975 b
 1             (2)  (blank);
 2             (3)  who is of good moral character;
 3             (4)  who  has  been  issued  a  license  as  a  Land
 4        Surveyor-in-Training;
 5             (5)  who,  subsequent  to passing an examination for
 6        licensure as a Surveyor-In-Training, has at least 4 years
 7        of  responsible   charge   experience   verified   by   a
 8        professional  land  surveyor  in  direct  supervision and
 9        control of his or her activities has at least 4 years  of
10        responsible  charge  experience, subsequent to passage of
11        an    examination    for    licensure    as    a     Land
12        Surveyor-in-Training,  verified  by  a  Professional Land
13        Surveyor  in  responsible  charge   of   land   surveying
14        operations  under the direct supervision and control of a
15        Professional Land Surveyor; and
16             (6)  who has passed an examination authorized by the
17        Department to determine his or her fitness to  receive  a
18        license as a Professional Land Surveyor.
19        (b)  A person is qualified to receive a license as a Land
20    Surveyor-in-Training and the Department shall issue a license
21    to a person:
22             (1)  who has applied in writing in the required form
23        and substance to the Department;
24             (2)  (blank);
25             (3)  who is of good moral character;
26             (4)  who  has the required education as set forth in
27        this Act; and
28             (5)  who has passed an examination authorized by the
29        Department to determine his or her fitness to  receive  a
30        license as a Land Surveyor-in-Training in accordance with
31        this Act.
32        In  determining  moral  character under this Section, the
33    Department may take into consideration whether the  applicant
34    has  engaged  in  conduct  or  actions  that would constitute
 
                            -10-     LRB093 10653 AMC 10975 b
 1    grounds for discipline under this Act.
 2    (Source: P.A. 91-132, eff. 1-1-00.)

 3        (225 ILCS 330/15) (from Ch. 111, par. 3265)
 4        (Section scheduled to be repealed on January 1, 2010)
 5        Sec. 15.  Seal.  Every Professional Land  Surveyor  shall
 6    have  a reproducible seal or facsimile, which may be computer
 7    generated, the impression of which shall contain the name  of
 8    the  land surveyor, his or her place of business, the license
 9    number, of the Professional  Land  Surveyor,  and  the  words
10    "Professional  Land Surveyor, State of Illinois".  Signatures
11    generated by computer or rubber stamp shall not be permitted.
12    A  Professional  Land  Surveyor  shall  seal  all   documents
13    prepared  by  or  under the direct supervision and control of
14    the Professional Land  Surveyor.    Any  seal  authorized  or
15    approved  by the Department under the Illinois Land Surveyors
16    Act shall serve the same purpose as the seal provided for  by
17    this  Act.  Signatures  generated  by  computer  shall not be
18    permitted.  The licensee's  written  signature  and  date  of
19    signing  along  with  the date of license expiration shall be
20    placed adjacent to the seal.
21    (Source: P.A. 90-655, eff. 7-30-98; 91-132, eff. 1-1-00.)

22        (225 ILCS 330/20) (from Ch. 111, par. 3270)
23        (Section scheduled to be repealed on January 1, 2010)
24        Sec. 20.  Endorsement.  Upon payment of the required fee,
25    an applicant who is a Professional Land Surveyor, registered,
26    licensed, or otherwise legally recognized as a Land  Surveyor
27    under  the  laws  of another state or territory of the United
28    States may be granted a license as an  Illinois  Professional
29    Land  Surveyor  by  the Department with approval of the Board
30    upon the following conditions:
31        (a)  That  the  applicant  meets  the  requirements   for
32    licensing  in  this  State,  and  that  the  requirements for
 
                            -11-     LRB093 10653 AMC 10975 b
 1    licensing or other legal recognition of Land Surveyors in the
 2    particular state or territory were, at the date  of  issuance
 3    of the license or certificate, equivalent to the requirements
 4    then in effect in the State of Illinois; and
 5        (b)  That   the   applicant   passes   a   jurisdictional
 6    examination  to  determine  the  applicant's knowledge of the
 7    surveying tasks unique to the State of Illinois and the  laws
 8    pertaining thereto.
 9    (Source: P.A. 90-602, eff. 6-26-98; 91-132, eff. 1-1-00.)

10        (225 ILCS 330/25) (from Ch. 111, par. 3275)
11        (Section scheduled to be repealed on January 1, 2010)
12        Sec.     25.  Professional    design    firm    licensing
13    registration.
14        (a)  Nothing in this Act shall  prohibit  the  formation,
15    under  the provisions of the Professional Service Corporation
16    Act, of a corporation to offer the practice  of  professional
17    land surveying.
18        Any    business,   including   a   Professional   Service
19    Corporation, that includes  within  its  stated  purposes  or
20    practices,  or  holds  itself  out  as available to practice,
21    professional land surveying shall be licensed registered with
22    the Department pursuant to the provisions set forth  in  this
23    Section.
24        Any  sole  proprietorship  not  owned  and operated by an
25    Illinois licensed design professional licensed under this Act
26    shall be prohibited from offering professional land  surveyor
27    services  to  the  public.  Any sole proprietorship owned and
28    operated by a  professional  land  surveyor  with  an  active
29    license  issued  under this Act and conducting or transacting
30    such business under an assumed name in  accordance  with  the
31    provisions of the Assumed Business Name Act shall comply with
32    the  registration requirements of a professional design firm.
33    Any sole proprietorship owned and operated by a  Professional
 
                            -12-     LRB093 10653 AMC 10975 b
 1    Land  Surveyor  with  an active license issued under this Act
 2    and conducting or transacting such business  under  the  real
 3    name  of  the sole proprietor is exempt from the registration
 4    requirements  of  a  professional  design  firm.    "Illinois
 5    licensed  design  professional"  means  a person who holds an
 6    active  license  as  a  professional   engineer   under   the
 7    Professional   Engineering   Practice  Act  of  1989,  as  an
 8    architect under the Illinois  Architecture  Practice  Act  of
 9    1989,   as   a   structural  engineer  under  the  Structural
10    Engineering Practice Act of 1989, or as a  Professional  Land
11    Surveyor under this Act.
12        (b)  Any  professional design firm seeking to be licensed
13    registered pursuant to the provisions of this  Section  shall
14    not be licensed registered unless one or more managing agents
15    in  charge  of  land  surveyor  activities  in this State are
16    designated by the professional design  firm.   Each  managing
17    agent  must  at all times maintain a valid, active license to
18    practice professional land surveying in Illinois.
19        No individual whose license to practice professional land
20    surveying in this  State  is  currently  in  a  suspended  or
21    revoked   state   shall   act  as  a  managing  agent  for  a
22    professional design firm.
23        (c)  Any business seeking to be licensed registered under
24    this Section shall make application on a form provided by the
25    Department and shall provide such information as requested by
26    the Department, which shall include, but not be limited to:
27             (1)  the name  and  license  number  of  the  person
28        designated as the managing agent in responsible charge of
29        the  practice of professional land surveying in Illinois.
30        In the case of a corporation, the corporation shall  also
31        submit a certified copy of the resolution by the board of
32        directors designating the managing agent.  In the case of
33        a  limited  liability company, the company shall submit a
34        certified copy of either its articles of organization  or
 
                            -13-     LRB093 10653 AMC 10975 b
 1        operating agreement designating the managing agent;
 2             (2)  the names and license numbers of the directors,
 3        in the case of a corporation, the members, in the case of
 4        a  limited liability company, or general partners, in the
 5        case of a partnership;
 6             (3)  a list of all office  locations  at  which  the
 7        professional   design  firm  provides  professional  land
 8        surveying services to the public; and
 9             (4)  a list of all assumed names  of  the  business.
10        Nothing  in  this  Section shall be construed to exempt a
11        professional  design  firm,   sole   proprietorship,   or
12        professional service corporation from compliance with the
13        requirements of the Assumed Business Name Act.
14        It  is the responsibility of the professional design firm
15    to provide the Department notice, in writing, of any  changes
16    in the information requested on the application.
17        (d)  The  Department  shall  issue  to  each  business  a
18    certificate  of  registration  to  practice professional land
19    surveying or offer the services  of  its  licensees  in  this
20    State upon submittal of a proper application for registration
21    and  payment of fees.  The expiration date and renewal period
22    for each license registration and renewal procedures shall be
23    established by rule.
24        (e)  In the event  a  managing  agent  is  terminated  or
25    terminates  his  or  her  status  as  managing  agent  of the
26    professional  design  firm,  the   managing   agent   and   a
27    professional  design firm shall notify the Department of this
28    fact in writing, by certified mail, within 10  business  days
29    of  such  termination.   Thereafter,  the professional design
30    firm, if it has so informed the  Department,  shall  have  30
31    days  in  which  to  notify  the  Department  of the name and
32    licensure number of a newly designated managing agent.  If  a
33    corporation,  the  corporation  shall also submit a certified
34    copy of a resolution by the board  of  directors  designating
 
                            -14-     LRB093 10653 AMC 10975 b
 1    the  new managing agent.  If a limited liability company, the
 2    company shall also submit a  certified  copy  of  either  its
 3    articles  of  organization or operating agreement designating
 4    the new managing agent.  The Department may, upon good  cause
 5    shown, extend the original 30 day period.
 6        If  the  professional  design  firm  has not notified the
 7    Department in writing, by certified mail within the specified
 8    time, the license registration shall  be  terminated  without
 9    prior  hearing.  Notification of termination shall be sent by
10    certified mail to the last known address of the business.  If
11    the professional design firm continues to operate  and  offer
12    professional  land  surveyor  services after the termination,
13    the Department may seek prosecution under  Sections  27,  43,
14    and   46   of   this  Act  for  the  unlicensed  practice  of
15    professional land surveying.
16        No  professional  design  firm  shall  be   relieved   of
17    responsibility   for  the  conduct  or  acts  of  its  agent,
18    employees, members, managers, or officers by  reason  of  its
19    compliance  with  this  Section,  nor  shall  any  individual
20    practicing  professional  land  surveying  be relieved of the
21    responsibility for professional services performed by  reason
22    of   the  individual's  employment  or  relationship  with  a
23    professional  design  firm  licensed  registered  under  this
24    Section.
25        (g)  Disciplinary action against  a  professional  design
26    firm   licensed   registered  under  this  Section  shall  be
27    administered in the same manner and on the  same  grounds  as
28    disciplinary  action  against  a  licensed  professional land
29    surveyor.  All disciplinary action taken or pending against a
30    corporation or partnership before the effective date of  this
31    amendatory Act of 1999 shall be continued or remain in effect
32    without the Department filing separate actions.
33        (h)  Any    professional   services   corporation,   sole
34    proprietorship, or professional  design  firm  offering  land
 
                            -15-     LRB093 10653 AMC 10975 b
 1    surveying   services  must  have  a  resident  land  surveyor
 2    overseeing the land surveying practices in each  location  in
 3    which land surveying services are provided.
 4    (Source: P.A. 91-132, eff. 1-1-00.)

 5        (225 ILCS 330/29) (from Ch. 111, par. 3279)
 6        (Section scheduled to be repealed on January 1, 2010)
 7        Sec.  29.  Investigations; notice and hearing.  A license
 8    or registration issued under the provisions of this  Act  may
 9    be  revoked, suspended, not renewed or restored, or otherwise
10    disciplined, or applications for license or registration  may
11    be  refused,  in  the  manner  set  forth  in  this Act.  The
12    Department may, upon its own  action,  and  shall,  upon  the
13    verified  complaint  in  writing  of any person setting forth
14    facts  which,  if  proven,  would  constitute   grounds   for
15    discipline,  investigate  the  actions of any person or other
16    entity holding, applying for or claiming to hold  a  license,
17    or practicing or offering to practice land surveying.  Before
18    the  initiation  of  an  investigation,  the  matter shall be
19    reviewed  by  a  subcommittee  of  the  Board  according   to
20    procedures  established  by rule for the Complaint Committee.
21    The Department shall, before  refusing  to  issue,  renew  or
22    restore,  suspending or revoking any license or registration,
23    or imposing any other disciplinary action, at least  30  days
24    prior  to  the  date  set  for the hearing, notify the person
25    accused in writing of any charges made and shall  direct  the
26    person  or entity to file a written answer to the Board under
27    oath within 20 days after  the  service  of  the  notice  and
28    inform  the  person  or  entity  that if the person or entity
29    fails to file an answer default will be taken  and  that  the
30    license  or  certificate may be suspended, revoked, placed on
31    probationary status, or  other  disciplinary  action  may  be
32    taken,  including  limiting  the  scope,  nature or extent of
33    practice, as the Director may  deem  proper.  The  Department
 
                            -16-     LRB093 10653 AMC 10975 b
 1    shall  afford  the accused person or entity an opportunity to
 2    be heard in person or by counsel in reference to the  charges
 3    changes.  This  written  notice  may  be  served  by personal
 4    delivery to the accused person or entity or certified mail to
 5    the last address specified by the accused person or entity in
 6    the last notification to the Department. In case  the  person
 7    or entity fails to file an answer after receiving notice, his
 8    or  her  license or certificate may, in the discretion of the
 9    Department, be suspended, revoked, or placed on  probationary
10    status,  or  the  Department  may  take whatever disciplinary
11    action deemed proper, including limiting the  scope,  nature,
12    or  extent  of  the  person's practice or the imposition of a
13    fine,  without  a  hearing,  if  the  act  or  acts   charged
14    constitute sufficient grounds for such action under this Act.
15    At  the  time  and place fixed in the notice, the Board shall
16    hear the charges and the accused person or  entity  shall  be
17    accorded   ample   opportunity  to  present  any  statements,
18    testimony, evidence and argument as may be  relevant  to  the
19    charges or their defense.  The Board may continue the hearing
20    from time to time.
21        The  Board may from time to time and in co-operation with
22    the  Department's  legal  advisors  employ  individual   land
23    surveyors  possessing  the  same  minimum  qualifications  as
24    required   for   Board   candidates   to   assist   with  its
25    investigative duties.
26        Persons who  assist  the  Department  as  consultants  or
27    expert  witnesses  in  the  investigation  or  prosecution of
28    alleged violations of the Act, licensure matters, restoration
29    proceedings, or criminal prosecutions,  are  not  liable  for
30    damages  in  any  civil  action  or proceeding as a result of
31    their assistance, except upon proof of  actual  malice.   The
32    Attorney  General  shall  defend  these  persons  in any such
33    action or proceeding.
34    (Source: P.A. 87-1031; 88-428.)
 
                            -17-     LRB093 10653 AMC 10975 b
 1        (225 ILCS 330/49) (from Ch. 111, par. 3299)
 2        (Section scheduled to be repealed on January 1, 2010)
 3        Sec. 49.  The provisions of this Act, insofar as they are
 4    the same or substantially the same as those of any prior  law
 5    concerning   the   licensure  of  land  surveyors,  shall  be
 6    construed as a continuation of such prior law and  not  as  a
 7    new enactment.
 8        Any  existing  injunction  or temporary restraining order
 9    validly obtained under The Illinois Land Surveyors Act  which
10    prohibits   the  unlicensed  unregistered  practice  of  land
11    surveying or prohibits  or  requires  any  other  conduct  in
12    connection  with  the  practice  of  land  surveying,  or any
13    disciplinary action begun under The Illinois  Land  Surveyors
14    Act  are  not  invalidated  by  the enactment of this Act and
15    shall continue to have full force and effect on and after the
16    effective date of this Act.  All certificates of registration
17    and  enrollments  in  effect  on  December  31,  1989  issued
18    pursuant to The Illinois Land Surveyors  Act  are  reinstated
19    under  this  Act  for  the balance of the term for which last
20    issued.  All rules and regulations in effect on December  31,
21    1989  and promulgated pursuant to The Illinois Land Surveyors
22    Act shall remain in full force and effect on  and  after  the
23    effective date of this Act without being promulgated again by
24    the  Department,    except  to  the  extent  any such rule or
25    regulation is inconsistent with any provision of this Act.
26    (Source: P.A. 86-987.)