Full Text of HB3779 94th General Assembly
HB3779ham001 94TH GENERAL ASSEMBLY
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Registration and Regulation Committee
Filed: 3/9/2005
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09400HB3779ham001 |
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LRB094 09447 RAS 43375 a |
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| AMENDMENT TO HOUSE BILL 3779
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| AMENDMENT NO. ______. Amend House Bill 3779 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 |
| Primary Home Remodeler Licensing Act. | 6 |
| Section 5. Definitions. As used in this Act:
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| "Board" means the Primary Home Remodeler Licensing Board.
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| "Department" means the Department of Financial and | 9 |
| Professional Regulation.
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| "Designated agent" means a person who is designated by a | 11 |
| primary home remodeling firm, corporation, partnership, or
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| association that will be responsible for overseeing the | 13 |
| performance of primary home remodeling services for that firm, | 14 |
| corporation, partnership, or
association. | 15 |
| "Governmental unit" means a city, village, incorporated | 16 |
| town, county,
or sanitary or water district.
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| "Person" means any natural person, firm, corporation, | 18 |
| partnership, or
association.
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| "Primary home remodeler" means a person who remodels | 20 |
| primary places of residence for other persons. | 21 |
| "Secretary" means the Secretary of Financial and | 22 |
| Professional Regulation. | 23 |
| "Telecommunications carrier" means a telecommunications | 24 |
| carrier as defined
in the Public Utilities Act. |
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| Section 10. Licensure requirement. On or after January 1, | 2 |
| 2006, no person may act as a primary home remodeler on a | 3 |
| project in this State without a license issued by the | 4 |
| Department under this Act.
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| Section 15. Exemptions. | 6 |
| (a) This Act does not prohibit a person licensed in this | 7 |
| State under any other Act from engaging in the practice for | 8 |
| which that person is licensed.
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| (b) This Act does not apply to a not-for-profit | 10 |
| organization that is exempt from taxation under 501(c)(3) of | 11 |
| the Internal Revenue Code. | 12 |
| Section 20. Primary home remodeling services by municipal | 13 |
| corporations or political subdivisions. No governmental unit | 14 |
| shall perform
primary home remodeling services, unless such | 15 |
| services are performed by one or more licensed
primary home | 16 |
| remodelers, provided that any such governmental unit
may | 17 |
| contract for
primary home remodeling services with any person | 18 |
| authorized to perform primary home remodeling services in this | 19 |
| State. | 20 |
| Section 25. Primary Home Remodeler Licensing Board. | 21 |
| (a) There is created a Primary Home Remodeler Licensing | 22 |
| Board, which shall exercise its duties provided in this Act | 23 |
| under the
supervision of the Department. The Board shall | 24 |
| consist of 9 licensed primary home remodelers designated from | 25 |
| time to time by the Secretary. In making the appointments to
| 26 |
| the Board, the Secretary shall consider the recommendations of
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| individuals, firms, or organizations involved in primary home | 28 |
| remodeling in this State.
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| (b) The Board shall aid the Secretary and the Department | 30 |
| by:
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| (1) Preparing subject matter for examinations as | 2 |
| provided in this Act.
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| (2) Suggesting rules to govern examinations and | 4 |
| hearings for suspension,
revocation, or reinstatement of | 5 |
| licenses.
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| (3) Submitting recommendations to the Secretary from | 7 |
| time to time for the
efficient administration of this Act.
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| (4) Grading all tests and examinations for licenses and | 9 |
| promptly
reporting the results to the Secretary.
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| (5) Performing such other duties from time to time | 11 |
| prescribed by the
Secretary.
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| (c) Each Board member shall be compensated the sum of $50 | 13 |
| for each day
or part thereof on which he serves on business of | 14 |
| the Board and in addition
thereto shall be reimbursed for per | 15 |
| diem expenses as authorized for State employees. | 16 |
| Section 30. Powers and duties of the Secretary. The | 17 |
| Secretary shall have all the following powers and duties: | 18 |
| (1) To prepare forms for application for examination | 19 |
| for a primary home remodeler license.
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| (2) To prepare and issue licenses as provided in this | 21 |
| Act.
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| (3) With the aid of the Board, to adopt rules for
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| examination of applicants for primary home remodeler | 24 |
| licenses.
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| (4) With the aid of the Board, to prepare and give | 26 |
| uniform and comprehensive
examinations to applicants for a | 27 |
| license.
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| (5) To issue a primary home remodeler license and | 29 |
| license renewal to every applicant who
has passed the | 30 |
| examination and who has paid the required license and | 31 |
| renewal
fee.
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| (6) To adopt rules for hearings to deny, suspend, | 33 |
| revoke, and reinstate
licenses as provided in this Act.
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| (7) To maintain a current record showing (A) the names | 2 |
| and addresses of
licensees, (B) the dates of issuance of
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| licenses, (C) the date and substance of the charges set | 4 |
| forth in any hearing
for denial, suspension, or revocation | 5 |
| of any license, (D) the date and substance
of the final | 6 |
| order issued upon each such hearing, and (E) the date and
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| substance
of all petitions for reinstatement of licenses | 8 |
| and final orders on such
petitions.
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| Section 35. Examination. The Department shall hold | 10 |
| examinations for applicants for primary home remodeler
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| licenses at least once every 3 months in some place in this | 12 |
| State. | 13 |
| Section 40. Application for examination. | 14 |
| (a) An applicant for a primary home remodeler license shall | 15 |
| file a written
application for examination with the Department | 16 |
| on a form designated by the
Department at least 30 days before | 17 |
| the date set by the Department for the
examination. In the case | 18 |
| of a firm, corporation, partnership, or
association, the | 19 |
| application must specify the name of a designated agent who | 20 |
| will take the examination on behalf of the firm, corporation, | 21 |
| partnership, or
association.
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| (b) The application shall be accompanied by the required | 23 |
| fee and shall contain the following:
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| (1) The name, address, and telephone number of
the
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| business and (i) the individual, if a sole
proprietorship; | 26 |
| (ii) the
partners, if a firm or partnership; or (iii) | 27 |
| officers, if a corporation or association.
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| (2) An original certificate of insurance
documenting | 29 |
| that
the remodeler carries general liability insurance | 30 |
| with a minimum of $100,000
per
occurrence, bodily injury | 31 |
| insurance with a minimum of $300,000 per occurrence,
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| property damage insurance with a minimum of $50,000, and |
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| worker's compensation
insurance with a minimum $500,000. | 2 |
| No registration may be issued in the
absence of this
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| certificate. Certificates must be in force at all times for | 4 |
| registration to
remain valid. | 5 |
| (3) An
indemnification bond in the amount of $20,000 or | 6 |
| a letter of credit in the same
amount
for work performed in | 7 |
| accordance with this Act and the rules adopted under
this | 8 |
| Act.
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| (4) In the case of a firm, corporation, partnership, or
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| association, the name of its designated agent. | 11 |
| (5) Any other information the Department may deem | 12 |
| necessary to determine the applicant's qualifications for | 13 |
| licensure. | 14 |
| (c) If the application for examination is approved, the | 15 |
| Department shall
promptly notify the applicant in writing of | 16 |
| such approval and of the place
and time of the examination. If | 17 |
| the application is disapproved, the Department
shall promptly | 18 |
| notify the applicant in writing of such disapproval, stating
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| the reasons for disapproval.
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| (d) If an applicant neglects, fails, or refuses to take an | 21 |
| examination
for license under this Act, the application is | 22 |
| denied. However, such
applicant may submit a new application | 23 |
| for examination, accompanied by the
required application fee. | 24 |
| Application fees for examination for a primary home remodeler
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| license are not refundable. | 26 |
| Section 45. Issuance of license. The Secretary shall issue | 27 |
| a primary home remodeler license to each applicant
who | 28 |
| successfully passes the examination, or whose designated agent | 29 |
| successfully passes the examination, and has paid to the | 30 |
| Department the
required license fee. Each primary home | 31 |
| remodeler license shall be issued in the name
of the Department | 32 |
| with the seal thereof attached. |
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| Section 50. Licensure by endorsement. | 2 |
| (a)
Upon the payment of the required fee, an applicant who | 3 |
| is registered or licensed as a primary home remodeler in | 4 |
| another state may, without examination,
be granted a license by | 5 |
| the Department, provided that the Board finds that the | 6 |
| requirements for the registration or
licensing of primary home | 7 |
| remodelers in such other state
were, at the date of the | 8 |
| registration or license,
substantially equal to the | 9 |
| requirements then in force in this State, and
provided that the | 10 |
| same privilege of licensure or registration is accorded by that | 11 |
| state to licensed primary home remodelers in the
State of | 12 |
| Illinois.
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| (b) A primary home remodeler licensed or registered as a | 14 |
| primary home remodeler by another state whose license | 15 |
| requirements are substantially equal
to the requirements for a | 16 |
| primary home remodeler license in Illinois, and that state
does | 17 |
| not have a reciprocal agreement with the State of Illinois, may | 18 |
| apply for and be
issued an license under this Act if the | 19 |
| applicant successfully passes the
examination and pays the | 20 |
| required fees. | 21 |
| Section 55. Change in business information. A licensee must | 22 |
| notify the Department in advance of any changes in the
business
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| structure, name, or location or of the termination of the | 24 |
| designated agent listed on the application. Failure to notify | 25 |
| the Department
of this
information is grounds for suspension or | 26 |
| revocation of the primary home remodeler license.
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| Section 60. Duration of license; continuing education; | 28 |
| license renewal, reinstatement, or restoration. | 29 |
| (a) All licenses
issued
under this Act shall expire on | 30 |
| April 30 next
following date of issuance.
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| (b) Upon the recommendation of the Board, the Department | 32 |
| may require by rule
that each primary home remodeler or its |
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| designated agents annually complete a minimum number of hours | 2 |
| of
classroom
instruction and provide evidence of attending the | 3 |
| classes before
receiving a renewal license. A continuing | 4 |
| education requirement
established by the Department shall not | 5 |
| exceed 15
hours per year. In support of these
requirements, the | 6 |
| Department shall by rule establish curricula for continuing
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| education and requirements for instructors and may certify | 8 |
| instructors and
training
programs and schools for continuing | 9 |
| education.
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| (c) A primary home remodeler license may be renewed for a
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| period
of one year upon payment of
the required renewal fee
and | 12 |
| submission of required evidence of successful completion of any | 13 |
| required
continuing education courses. Application for renewal | 14 |
| shall be on forms
provided by
the Department.
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| (d) A licensee whose license has been expired
for a period | 16 |
| of less than 5 years may apply to the Department for | 17 |
| reinstatement
of his or her license. The Department shall issue | 18 |
| the license renewal provided
the applicant
pays to the | 19 |
| Department all lapsed renewal fees, plus the reinstatement fee. | 20 |
| (e) A licensee who has permitted
his or her license to | 21 |
| expire for more than 5 years may apply, in writing,
to the
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| Department for
restoration of his or her license. The | 23 |
| Department shall restore his or
her
license provided
he or she
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| pays to the Department the required restoration fee and shall | 25 |
| successfully pass
the
examination for a license. The | 26 |
| restoration fee includes
the
applicant's examination fee. | 27 |
| Failure by the applicant to successfully pass the
examination | 28 |
| shall be sufficient grounds for the Department to
withhold | 29 |
| issuance of the requested restoration of the applicant's | 30 |
| license. The
applicant may retake the examination in accordance | 31 |
| with the provisions of this
Act.
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| (f) The Department shall reinstate a license that expires | 33 |
| while a licensee
is in the active military service of the | 34 |
| United States upon application
to the Department by
the former |
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| licensee within 2 years after termination of such military
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| service, payment of the annual license fee, and submission of | 3 |
| evidence of
such military service. The license shall be | 4 |
| reinstated without examination
and without payment of the | 5 |
| lapsed renewal fee. | 6 |
| Section 65. Denial, suspension, or revocation of a license. | 7 |
| The Secretary, after notice and opportunity for hearing to the
| 8 |
| applicant, license holder, or registrant, may deny, suspend, or
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| revoke a
license or registration in any case in which he or she | 10 |
| finds that there has
been a
substantial failure to comply with | 11 |
| the provisions of this Act or the
rules adopted pursuant to | 12 |
| this Act.
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| Notice shall be provided by certified mail or by personal | 14 |
| service
setting forth the particular reasons for the proposed | 15 |
| action and fixing a
date, not less than 20 days from the date | 16 |
| of the mailing or service, within
which time the applicant or | 17 |
| license holder must request in
writing a hearing. Failure to | 18 |
| serve upon the Department a request for
hearing in writing | 19 |
| within the time provided in the notice shall constitute
a | 20 |
| waiver of the person's right to an administrative hearing.
| 21 |
| The hearing shall be conducted by the Secretary or by an | 22 |
| individual
designated in writing by the Secretary as a hearing | 23 |
| officer to conduct the
hearing. The Secretary or hearing | 24 |
| officer shall give written notice of the
time and place of the | 25 |
| hearing, by certified mail or personal service, to
the | 26 |
| applicant, license holder, or registrant at least 10 days prior
| 27 |
| to the hearing. On
the basis of the hearing, or upon default of | 28 |
| the applicant, license
holder, or registrant, the Secretary | 29 |
| shall make a determination specifying
his or her
findings and | 30 |
| conclusions. A copy of the determination shall be sent by
| 31 |
| certified mail or served personally upon the applicant, license
| 32 |
| holder, or registrant.
The decision of the Secretary shall be | 33 |
| final on issues of fact and final in
all respects unless |
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| judicial review is sought as provided in this Act.
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| The procedure governing hearings authorized by this | 3 |
| Section shall be in
accordance with rules promulgated by the | 4 |
| Department. A full and complete
record shall be kept of all | 5 |
| proceedings, including the notice of hearing,
complaint, and | 6 |
| all other documents in the nature of pleadings, written
motions | 7 |
| filed in the proceedings, and the report and orders of the | 8 |
| Secretary
and hearing officer.
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| The Department at its expense shall provide a court | 10 |
| reporter to take
testimony. Technical error in the proceedings | 11 |
| before the Department or
hearing officer or their failure to | 12 |
| observe the technical rules of evidence
shall not be grounds | 13 |
| for the reversal of any administrative decision unless
it | 14 |
| appears to the court that such error or failure materially | 15 |
| affects the
rights of any party and results in substantial | 16 |
| injustice to them.
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| The Department or hearing officer, or any parties in an | 18 |
| investigation
or hearing before the Department, may cause the | 19 |
| depositions of witnesses
within the State to be taken in the | 20 |
| manner prescribed by law for
depositions in civil actions in | 21 |
| courts of this State, and
compel the attendance of witnesses | 22 |
| and the production of books, papers,
records, or memoranda.
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| The Department shall not be required to certify any record | 24 |
| to the
court or file any answer in court or otherwise appear in | 25 |
| any court in a
judicial review proceeding, unless there is | 26 |
| filed in the court with the
complaint a receipt from the | 27 |
| Department acknowledging payment of the costs
of furnishing and | 28 |
| certifying the record. Such cost shall be paid by the
party | 29 |
| requesting a copy of the record. Failure on the part of the | 30 |
| person
requesting a copy of the record to pay the cost shall be | 31 |
| grounds for dismissal
of the action. | 32 |
| Section 70. Grounds for discipline. | 33 |
| (a) The Secretary may deny, revoke, or
suspend a license |
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| when findings show one or more of the following:
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| (1) That the licensee or registrant obtained or | 3 |
| conspired with others
to obtain a
license or registration | 4 |
| by inducing the issuance thereof in consideration
of the | 5 |
| payment of
money or delivery of any other thing of value or | 6 |
| by and through
misrepresentation of facts.
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| (2) That the licensee willfully violated any law of | 8 |
| this
State or any
rule adopted thereunder regulating | 9 |
| primary home remodelers.
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| (3) That the licensee has been guilty of negligence or
| 11 |
| incompetence in
the performance of primary home remodeling | 12 |
| services.
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| (4) That the licensee has loaned or in any manner
| 14 |
| transferred
his or her license to another person.
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| (b) If a license is suspended or revoked, then the license | 16 |
| shall be
surrendered to the Department but, if suspended, it | 17 |
| shall be returned to
the licensee upon the termination of the | 18 |
| suspension period.
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| (c) The Department may refuse to issue or may suspend the | 20 |
| license
of any person who fails to file a return, or to pay the | 21 |
| tax, penalty, or
interest shown in a filed return, or to pay | 22 |
| any final assessment of tax,
penalty, or interest as required | 23 |
| by any tax Act administered by the
Illinois Department of | 24 |
| Revenue, until such time as the requirements of the tax Act are | 25 |
| satisfied. | 26 |
| Section 75. Subpoena power. The Secretary or hearing | 27 |
| officer shall have power to
subpoena to any hearing authorized | 28 |
| by this Act any person in this State to
give testimony and | 29 |
| evidence either orally or by deposition or both. The
Secretary | 30 |
| or hearing officer may also issue subpoena duces tecum
for | 31 |
| production of any books and records and other documents for | 32 |
| evidence at
any authorized hearing under this Act. Witnesses | 33 |
| subpoenaed as provided
herein shall be paid the same witness |
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| fees and mileage as provided for
witnesses who are subpoenaed | 2 |
| to give testimony in any civil case in a court
of this State. | 3 |
| The Secretary or hearing officer is hereby empowered
to | 4 |
| administer oaths or affirmations to witnesses at any hearing | 5 |
| authorized
by this Act. | 6 |
| Section 80. Attendance of any witness and production of | 7 |
| books, papers
or documents. Any circuit court upon the | 8 |
| application of the
Secretary or any party of record to a | 9 |
| hearing authorized by this Act may
order the attendance of any | 10 |
| witness and the production of any books, papers,
or documents | 11 |
| in this State at any hearing authorized by this Act for the
| 12 |
| purpose of giving testimony or evidence. Any court thereof as
| 13 |
| provided in this Section may compel obedience to such order for | 14 |
| appearance
or production of records by proceedings for | 15 |
| contempt. | 16 |
| Section 85. Order or certified copy; prima facie proof. An | 17 |
| order of
suspension, revocation, or reinstatement of a license, | 18 |
| or of dismissal of a
complaint or petition, or a certified copy | 19 |
| of such an order, over the seal
of the Department and | 20 |
| purporting to be signed by the Secretary, shall be
prima facie | 21 |
| proof that:
| 22 |
| (1) the signature is the genuine signature of the | 23 |
| Secretary;
and
| 24 |
| (2) the Secretary is duly appointed and qualified. | 25 |
| Section 90. Administrative Review Law. All final | 26 |
| administrative decisions of the Secretary hereunder shall
be | 27 |
| subject to judicial review pursuant to the provisions of the | 28 |
| Administrative
Review Law, and all amendments and | 29 |
| modifications thereof, and the rules
adopted pursuant thereto. | 30 |
| The term "administrative decision" is defined
as in Section | 31 |
| 3-101 of the Code of Civil Procedure. |
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| Section 95. Illinois Administrative Procedure Act. The | 2 |
| provisions of the Illinois
Administrative Procedure Act are | 3 |
| hereby expressly adopted and shall apply to
all administrative | 4 |
| rules and procedures of the Department under this Act, except | 5 |
| that Section 5-35 of the Illinois Administrative
Procedure Act | 6 |
| relating to procedures for rulemaking does not apply to the
| 7 |
| adoption of any rule required by federal law in connection with | 8 |
| which the
Department is precluded by law from exercising any | 9 |
| discretion. | 10 |
| Section 100. Criminal penalties; injunction. | 11 |
| (1) Except as otherwise provided in subsection (c) of | 12 |
| Section 125
of this Act, any person violating any provision of | 13 |
| this Act or its
rules shall be
guilty of a Class B misdemeanor | 14 |
| with a fine of $500 for
the first
offense; and a second or | 15 |
| subsequent violation of this Act or its rules shall be
guilty | 16 |
| of a Class A misdemeanor with a fine of $1,000.
Each day of
| 17 |
| violation constitutes a separate offense. The State's Attorney | 18 |
| of the
county in which the violation occurred or the Attorney | 19 |
| General shall
bring such actions in the name of the People of | 20 |
| the State of Illinois.
| 21 |
| (2) If it is established that the defendant contrary to | 22 |
| this Act has
been or is performing primary home remodeling | 23 |
| services without having
been issued a license or under a | 24 |
| suspended, revoked, or nonrenewed license, then the court may | 25 |
| enter a judgment
perpetually enjoining the defendant from | 26 |
| further performing primary home remodeling services
contrary | 27 |
| to this Act. In case of violation of any injunction entered
| 28 |
| under this Section, the court may summarily try
and punish the | 29 |
| offender for contempt of court. Such injunction
proceedings | 30 |
| shall be in addition to, and not in lieu of, all penalties
and | 31 |
| other remedies provided in this Act. |
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| Section 105. Unlicensed and unregistered practice; | 2 |
| violation; civil
penalty.
| 3 |
| (a) A person who practices, offers to practice, attempts to | 4 |
| practice, or
holds himself or herself out to practice as a | 5 |
| primary home remodeler without being licensed
under this Act
| 6 |
| shall, in addition to any other penalty provided by law, pay a | 7 |
| civil penalty to
the Department in an amount not to exceed | 8 |
| $5,000 for each offense as determined
by the Department. The | 9 |
| civil penalty shall be assessed by the Department after
a | 10 |
| hearing is held in accordance with the provisions of this Act
| 11 |
| regarding the provision of a hearing for the discipline of a | 12 |
| licensee.
| 13 |
| (b) The Department has the authority and power to | 14 |
| investigate any person who
practices, offers to practice, | 15 |
| attempts to practice, or holds himself or
herself
out to | 16 |
| practice as a primary home remodeler without being licensed
| 17 |
| under this Act.
| 18 |
| (c) The civil penalty shall be paid within 60 days after | 19 |
| the effective date
of the order imposing the civil penalty. The | 20 |
| order shall constitute a judgment
and may be filed and | 21 |
| execution had on the judgment in the same manner as a
judgment
| 22 |
| from a court of record. | 23 |
| Section 110. Fees; deposit of moneys. | 24 |
| (a) The Department shall, by rule, establish a schedule of
| 25 |
| fees for examination, registration, and licensure sufficient | 26 |
| to offset the
costs of administration and enforcement of this | 27 |
| Act. | 28 |
| (b) All fees and fines collected pursuant to this Act shall | 29 |
| be deposited into the General Professions Dedicated Fund for | 30 |
| use by the Department in administering and enforcing this Act. | 31 |
| Section 115. Inspections. The Department is authorized and | 32 |
| directed to make inspections
necessary to determine compliance |
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| with this Act and its rules.
| 2 |
| Subject to constitutional limitations, the Department, by | 3 |
| its representatives,
after proper identification, is | 4 |
| authorized and shall have the power to enter
at reasonable | 5 |
| times, upon private and public property for the purpose of
| 6 |
| inspecting and investigating conditions relating to the | 7 |
| enforcement of this
Act and its rules. | 8 |
| Section 120. Advertising. | 9 |
| (a) Persons who advertise primary home remodeling services | 10 |
| must display a license issued under this Act at their place of | 11 |
| business.
The number of the license so displayed must also be | 12 |
| included on all their vehicles.
| 13 |
| (b) No person who provides primary home remodeling services | 14 |
| may advertise those services,
unless
that person includes in | 15 |
| the advertisement the license number that is required
to be | 16 |
| displayed under
subsection (a) of this Section. Nothing | 17 |
| contained in this subsection
(b) requires the publisher of | 18 |
| advertising for primary home remodeling services to | 19 |
| investigate or
verify the accuracy of the license number | 20 |
| provided by the
advertiser.
| 21 |
| (c) Any person who advertises primary home remodeling | 22 |
| services (i) who fails to display
the license number required | 23 |
| by subsection (a) of this Section in all manners required by
| 24 |
| that subsection, (ii) who fails to provide a publisher with the | 25 |
| correct number
under subsection (b) of this Section, or (iii) | 26 |
| who provides a publisher with a false license
number, or any | 27 |
| person who allows his or her license number to be displayed or | 28 |
| used
in
order to allow any other person
to circumvent any
| 29 |
| provisions of this Section is guilty of a Class A misdemeanor | 30 |
| with a fine of
$1,000. Each day that a person fails to display | 31 |
| the required license under
subsection (a) of this Section and | 32 |
| each day that an advertisement runs or each day that a
person
| 33 |
| allows his or her license to be displayed or used in violation |
|
|
|
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LRB094 09447 RAS 43375 a |
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| 1 |
| of this Section
constitutes a separate offense.
| 2 |
| In addition to, and not in lieu of, the
penalties and | 3 |
| remedies provided for in this Section and other provisions of | 4 |
| this Act,
any person licensed under this Act who violates any | 5 |
| provision of this Section
shall be subject to suspension or | 6 |
| revocation of his or her license under
the provisions of this | 7 |
| Act.
| 8 |
| (c) In addition to, and not in lieu of, the penalties and | 9 |
| remedies
provided for in this Section and other provisions of | 10 |
| this Act, and
after notice and an opportunity for hearing, the | 11 |
| Department may issue an Order Of
Correction to the | 12 |
| telecommunications carrier furnishing service to any
telephone | 13 |
| number contained in a printed advertisement for primary home | 14 |
| remodeling services
that is found to be in violation of the | 15 |
| provisions
of this subsection (c). The Order of Correction | 16 |
| shall be limited to the
telephone number contained in the | 17 |
| unlawful advertisement. The Order of
Correction shall notify | 18 |
| the telecommunications carrier to disconnect the
telephone | 19 |
| service furnished to any telephone number contained in the
| 20 |
| unlawful advertisement and that subsequent calls to that number | 21 |
| shall not
be referred by the telecommunications carrier to any | 22 |
| new telephone number
obtained by or any existing number | 23 |
| registered to the person.
| 24 |
| If, upon investigation, the Department has probable cause | 25 |
| to believe
that a person has placed an advertisement with a | 26 |
| telecommunications carrier
that contains a false license | 27 |
| number or is placed or circulated by a person who is not | 28 |
| properly licensed under this
Act, the Department shall provide | 29 |
| notice to the person of the Department's
intent to issue an | 30 |
| Order of Correction to the telecommunications carrier to
| 31 |
| disconnect the telephone service furnished to any telephone | 32 |
| number
contained in the unlawful advertisement, and that | 33 |
| subsequent calls to that
number shall not be referred by the | 34 |
| telecommunications carrier to any new
telephone number |
|
|
|
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LRB094 09447 RAS 43375 a |
|
| 1 |
| obtained by or any existing number registered to the
person.
| 2 |
| Notice shall be provided by certified mail or by personal | 3 |
| service
setting forth the particular reasons for the proposed | 4 |
| action and fixing a
date, not less than 20 days from the date | 5 |
| of the mailing or service, within
which time the person may | 6 |
| request a hearing in writing. Failure to serve
upon the | 7 |
| Department a written request for hearing within the time | 8 |
| provided
in the notice shall constitute a waiver of the | 9 |
| person's right to an
administrative hearing. The hearing, | 10 |
| findings, and conclusions shall be in
accordance with the | 11 |
| provisions of this Act and the
Department's Rules of Practice | 12 |
| and Procedure in Administrative Hearings (77
Ill. Admin. Code | 13 |
| 100), which are incorporated by reference herein.
| 14 |
| Upon a finding that the person has violated the provisions | 15 |
| of this
subsection (c), the Department shall issue the Order of | 16 |
| Correction to the
telecommunications carrier. If the | 17 |
| telecommunications carrier fails to
comply with the Order of | 18 |
| Correction within 20 days after the order is
final, the | 19 |
| Department shall inform the Illinois Commerce Commission of the
| 20 |
| failure to comply and the Illinois Commerce Commission shall | 21 |
| require the
telecommunications carrier furnishing services to | 22 |
| that person to disconnect
the telephone service furnished to | 23 |
| the telephone number contained in the
unlawful advertisement | 24 |
| and direct that subsequent calls to that number
shall not be | 25 |
| referred by the telecommunications carrier to any new
telephone | 26 |
| number obtained by or any existing number registered to the
| 27 |
| person.
| 28 |
| A person may have his or her telephone services restored, | 29 |
| after an
Order of Correction has been issued, upon a showing, | 30 |
| to the satisfaction of
the Department, that he or she is in | 31 |
| compliance with the provisions of this
Act.
| 32 |
| (d) The Department may require by rule additional
| 33 |
| information concerning licensed primary home remodelers
| 34 |
| maintained in the register. The Department shall have the right |
|
|
|
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LRB094 09447 RAS 43375 a |
|
| 1 |
| to examine
the payroll records of such persons to determine | 2 |
| compliance with this
provision. The Department's right to | 3 |
| examine payroll records is limited
solely to those records and | 4 |
| does not extend to any other business records. | 5 |
| Section 125. Home rule. The regulation and licensing of | 6 |
| primary home remodelers are exclusive powers and functions of | 7 |
| the State. A home rule unit may not regulate or license primary | 8 |
| home remodelers. This Section is a denial and limitation of | 9 |
| home rule powers and functions under subsection (h) of Article | 10 |
| VII of the Illinois Constitution. | 11 |
| Section 900. The Regulatory Sunset Act is amended by adding | 12 |
| Section
4.26 as follows:
| 13 |
| (5 ILCS 80/4.26 new)
| 14 |
| Sec. 4.26. Act repealed on January 1, 2016. The following | 15 |
| Act is repealed on January 1, 2016:
| 16 |
| The Primary Home Remodeler Licensing Act.
| 17 |
| Section 999. Effective date. This Act takes effect upon | 18 |
| becoming law.".
|
|