Full Text of SB2574 94th General Assembly
SB2574sam001 94TH GENERAL ASSEMBLY
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Sen. Ira I. Silverstein
Filed: 2/14/2006
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| AMENDMENT TO SENATE BILL 2574
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| AMENDMENT NO. ______. Amend Senate Bill 2574 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Landscape Architecture Act of 1989 | 5 |
| is amended by changing Sections 1, 3, 4, 4.5, 6, 7, 8, 9, 10, | 6 |
| 11, 12, 13, 15, 16, 17, 18, 18.1, 19, 21, 22.1, 23, 24, 25, and | 7 |
| 28 and by adding Sections 2.5, 3.5, 6.5, 11.5, and 12.5 as | 8 |
| follows:
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| (225 ILCS 315/1) (from Ch. 111, par. 8101)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 1. Purpose ; public policy . The practice of landscape | 12 |
| architecture in the State of Illinois is hereby declared to | 13 |
| affect the public health, safety, and welfare and to be subject | 14 |
| to regulation and control in the public interest. It is further | 15 |
| declared to be a matter of public interest and concern that the | 16 |
| practice of landscape architecture, as defined in this Act, | 17 |
| merit and receive the confidence of the public and that only | 18 |
| qualified persons be authorized to practice landscape | 19 |
| architecture in the State of Illinois. This Act shall be | 20 |
| liberally construed to best carry out these subjects and | 21 |
| purposes.
It is the purpose of this Act to provide for the
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| registration of landscape architects.
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| (Source: P.A. 86-932.)
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| (225 ILCS 315/2.5 new) | 2 |
| (Section scheduled to be repealed on January 1, 2010) | 3 |
| Sec. 2.5. Application of Act. Nothing in this Act shall be | 4 |
| deemed or construed to prevent the practice of architecture, as | 5 |
| defined in the Architecture Practice Act of 1989, or the | 6 |
| practice of professional engineering, as defined in the | 7 |
| Professional Engineering Practice Act of 1989, by persons other | 8 |
| than those licensed in accordance with this Act, the | 9 |
| Architectural Practice Act of 1989, or the Professional | 10 |
| Engineering Practice Act of 1989.
Nothing contained in this Act | 11 |
| shall prevent students, project representatives, or other | 12 |
| employees of those lawfully practicing as licensed landscape | 13 |
| architects under the provisions of this Act from acting under | 14 |
| the direct supervision and control of their supervisors or | 15 |
| employers or prevent such project representatives from acting | 16 |
| under the direct supervision and control of the licensed | 17 |
| landscape architect by whom the construction documents, | 18 |
| including drawings and specifications, were prepared. Nothing | 19 |
| in this Act shall be deemed or construed to prevent work | 20 |
| performed for a site plan for a one to 4 family residence. | 21 |
| Nothing in this Act shall be construed to prevent the practice | 22 |
| of a nurseryman, landscape designer, or landscape contractor | 23 |
| who provides horticultural consultations or prepares planting | 24 |
| plans for plant installations.
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| (225 ILCS 315/3) (from Ch. 111, par. 8103)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 3. Definitions. As used in this Act:
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| (a) "Board" means the Illinois Landscape Architect | 29 |
| Licensing
Registration Board.
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| (b) "Department" means the Illinois Department of | 31 |
| Financial and Professional Regulation.
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| (c) " Secretary
Director " means the Secretary
Director of | 33 |
| Financial and Professional Regulation.
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| (d) "Landscape Architect" means a person who, based on | 2 |
| education,
experience, and examination
or both in the field of | 3 |
| landscape architecture, is licensed
eligible to
register under | 4 |
| this Act.
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| (e) "Landscape Architecture" means the art and science of | 6 |
| arranging land,
together with the spaces and objects upon it, | 7 |
| for the purpose of creating a
safe, efficient, healthful, and | 8 |
| aesthetically pleasing physical environment
for human use and | 9 |
| enjoyment.
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| (f) "Landscape Architectural Practice" means the offering | 11 |
| or furnishing
of professional services in connection with a | 12 |
| landscape architecture
project including, but not limited to, | 13 |
| providing preliminary studies;
developing design concepts; | 14 |
| planning for the relationships of physical
improvements and | 15 |
| intended uses of the site; establishing form and aesthetic
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| elements; analyzing and providing for life safety | 17 |
| requirements; developing
those construction details on the | 18 |
| site which are exclusive of any building
or structure and do | 19 |
| not require the seal of an engineer, architect, or
structural | 20 |
| engineer; administering construction projects, managing | 21 |
| projects, and managing construction, as these activities | 22 |
| relate to landscaping features; preparing and coordinating | 23 |
| technical submissions; and
conducting site observation of a | 24 |
| landscape architecture project , including those services set | 25 |
| forth in Section 3.5 of this Act .
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| (g) "Person" means any person, sole proprietorship, or | 27 |
| entity such as a
partnership, professional service | 28 |
| corporation, or corporation.
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| (Source: P.A. 86-932.)
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| (225 ILCS 315/3.5 new)
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| (Section scheduled to be repealed on January 1, 2010) | 32 |
| Sec. 3.5. Scope of practice. The practice of landscape | 33 |
| architecture applies the principles of mathematics and the |
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| physical and social sciences in consultation, evaluation, | 2 |
| planning, and design, including, but not limited to, the | 3 |
| preparation and filing of plans, drawings, specifications, and | 4 |
| other contract documents and the administration of contracts | 5 |
| relative to projects principally directed at the functional and | 6 |
| aesthetic use and preservation of land. These practices | 7 |
| include, but are not limited to, landscaping activities that | 8 |
| involve the following: | 9 |
| (1) The investigation, selection, and allocation of | 10 |
| land and water resources for appropriate uses. | 11 |
| (2) The formulation of feasibility studies and graphic | 12 |
| and written criteria to govern the planning, design, and | 13 |
| management of land and water resources. | 14 |
| (3) The preparation, review, and analysis of land use | 15 |
| master plans, subdivision plans, and preliminary plats. | 16 |
| (4) The determination of the location and site of | 17 |
| improvements, including buildings
and other features, as | 18 |
| well as the access and environs for those improvements. | 19 |
| (5) The design of land forms, grading of landscape | 20 |
| features, drainage in relation to landscape features and | 21 |
| plantings, landscape features that mitigate storm water | 22 |
| impacts, subsurface drainage for plantings and landscape | 23 |
| architectural features, soil conservation and erosion | 24 |
| control methods, site lighting, amphitheaters, plazas, | 25 |
| decks, retaining walls under 54 inches in height, | 26 |
| monuments, flagpoles, site signage, benches, seat walls, | 27 |
| pedestrian bridges, railings, pedestrian ramps, paving, | 28 |
| water features, irrigation systems, plantings, pedestrian | 29 |
| and vehicular circulation systems, and related | 30 |
| construction details.
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| (225 ILCS 315/4) (from Ch. 111, par. 8104)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 4. After the effective date of this Act, no person may |
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| represent
himself to be a landscape architect ,
or use the title | 2 |
| "landscape architect" ,
"registered landscape architect", or | 3 |
| any other title which includes the
words "landscape architect" | 4 |
| or "landscape architecture" , or engage in landscape | 5 |
| architectural practice, unless licensed
registered under this | 6 |
| Act.
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| (Source: P.A. 86-932.)
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| (225 ILCS 315/4.5)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 4.5. Unlicensed
Unregistered practice; violation; | 11 |
| civil penalty.
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| (a) Any person who practices, offers to practice, attempts | 13 |
| to practice, or
holds oneself out to practice landscape | 14 |
| architecture without being licensed
registered
under this Act | 15 |
| shall, in
addition to any other penalty provided by law, pay a | 16 |
| civil penalty to the
Department in an amount not to exceed | 17 |
| $5,000 for each offense as determined by
the Department. The | 18 |
| civil penalty shall be assessed by the Department after a
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| hearing is held in accordance with the provisions set forth in | 20 |
| this Act
regarding the provision of a hearing for the | 21 |
| discipline of a licensee.
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| (b) The Department has the authority and power to | 23 |
| investigate any and all
unlicensed activity.
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| (c) The civil penalty shall be paid within 60 days after | 25 |
| the effective date
of the order imposing the civil penalty. The | 26 |
| order shall constitute a judgment
and may be filed and | 27 |
| execution had thereon in the same manner as any judgment
from | 28 |
| any court of record.
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| (Source: P.A. 89-474, eff. 6-18-96.)
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| (225 ILCS 315/6) (from Ch. 111, par. 8106)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 6. Issuance of license
Certificate . Whenever an |
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| applicant for licensure
registration has complied with the | 2 |
| provisions of Section 11 of this Act,
the Department shall | 3 |
| issue a license
certificate
of registration to the applicant as | 4 |
| a licensed
registered landscape architect subject
to the | 5 |
| provisions of this Act.
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| (Source: P.A. 86-932.)
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| (225 ILCS 315/6.5 new) | 8 |
| (Section scheduled to be repealed on January 1, 2010) | 9 |
| Sec. 6.5. Display of license; seal. | 10 |
| (a) Every holder of a landscape architect license shall | 11 |
| display it in a conspicuous place in his or her principal | 12 |
| office. | 13 |
| (b) Every licensed landscape architect shall have a | 14 |
| reproducible seal or facsimile the print of which shall contain | 15 |
| the name of the landscape architect, the license number, and | 16 |
| the words "Licensed Landscape Architect, State of Illinois". | 17 |
| The licensed landscape architect shall affix the signature, | 18 |
| current date, date of license expiration, and seal to the first | 19 |
| sheet of any bound set or loose sheets of technical submissions | 20 |
| utilized as contract documents between the parties to the | 21 |
| contract or prepared for the review and approval of any | 22 |
| governmental or public authority having jurisdiction by that | 23 |
| landscape architect or under that landscape architect's | 24 |
| responsible control. The sheet of technical submissions in | 25 |
| which the seal is affixed shall indicate those documents or | 26 |
| parts thereof for which the seal shall apply. The seal and | 27 |
| dates may be electronically affixed. The signature must be in | 28 |
| the original handwriting of the licensee. Signatures generated | 29 |
| by computer shall not be permitted. All technical submissions | 30 |
| issued by any corporation, partnership, professional service | 31 |
| corporation, or professional design firm as licensed under this | 32 |
| Act shall contain the corporate or assumed business name and | 33 |
| design firm license number, in addition to any other seal |
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| requirements set forth in this Section. | 2 |
| (c) In this Section, "responsible control" means that | 3 |
| amount of control over, and detailed professional knowledge of, | 4 |
| the content of technical submissions during their preparation | 5 |
| as is ordinarily exercised by landscape architects applying the | 6 |
| required professional standard of care. Merely reviewing, or | 7 |
| reviewing and correcting, the technical submissions or any | 8 |
| portion thereof prepared by those not in the regular employment | 9 |
| of the office where the landscape architect is resident without | 10 |
| control over the content of such work throughout its | 11 |
| preparation does not constitute "responsible control". | 12 |
| (d) A landscape architect licensed under this Act shall not | 13 |
| sign and seal technical submissions that have not been prepared | 14 |
| by or under the responsible control of the landscape architect, | 15 |
| except that:
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| (1) the landscape architect may sign and seal those | 17 |
| portions of the technical submissions that were prepared by | 18 |
| or under the responsible control of persons who hold a | 19 |
| license under this Act, and who have signed and sealed the | 20 |
| documents, if the architect has reviewed, in whole or in | 21 |
| part, such portions and has either coordinated their | 22 |
| preparation or integrated them into his or her work; | 23 |
| (2) the landscape architect may sign and seal portions | 24 |
| of the professional work that are not required by this Act | 25 |
| to be prepared by or under the responsible control of a | 26 |
| landscape architect, if the landscape architect has | 27 |
| reviewed and adopted, in whole or in part, such portions | 28 |
| and has integrated them into his or her work; and | 29 |
| (3) a partner or corporate officer of a professional | 30 |
| design firm registered in Illinois and licensed under this | 31 |
| Act, who has professional knowledge of the content of the | 32 |
| technical submissions and intends to be responsible for the | 33 |
| adequacy of the technical submissions, may sign and seal | 34 |
| technical submissions that are prepared by or under the |
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| responsible control of architects who are licensed in this | 2 |
| State and who are in the regular employment of the | 3 |
| professional design firm. | 4 |
| (e) The landscape architect exercising responsible control | 5 |
| over the preparation of documents or portions of documents | 6 |
| shall be identified on the documents or portions of documents | 7 |
| by name and Illinois license number. | 8 |
| (f) Any licensed landscape architect who signs and seals | 9 |
| technical submissions not prepared by that landscape architect | 10 |
| but prepared under his or her responsible control by persons | 11 |
| not regularly employed in the office where the landscape | 12 |
| architect is resident shall maintain and make available to the | 13 |
| Board upon request for at least 5 years following such signing | 14 |
| and sealing, adequate and complete records demonstrating the | 15 |
| nature and extent of the landscape architect's control over and | 16 |
| detailed professional knowledge of such technical submissions | 17 |
| throughout their preparation.
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| (225 ILCS 315/7) (from Ch. 111, par. 8107)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 7. Current Address. Every landscape
architect shall | 21 |
| maintain a current address with the Department.
It shall be the | 22 |
| responsibility of the licensee
registrant to notify the | 23 |
| Department in
writing of any change of address.
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| (Source: P.A. 91-255, eff. 12-30-99.)
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| (225 ILCS 315/8) (from Ch. 111, par. 8108)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 8. Powers and Duties of the Department.
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| (a) The Department shall exercise the powers and duties | 29 |
| prescribed by the
Civil Administrative Code of Illinois for the | 30 |
| administration of licensing
acts and shall exercise such other | 31 |
| powers and duties vested by this Act.
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| (b) The Department shall promulgate rules and regulations |
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| consistent
with the provisions of this Act for the | 2 |
| administration and enforcement
thereof which shall include | 3 |
| standards and criteria for licensure
registration and
for the | 4 |
| payment of fees connected therewith.
The Department shall | 5 |
| prescribe forms required for the administration of this Act.
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| (c) The Department shall consult the Landscape | 7 |
| Architecture Board in
promulgating rules and
regulations. | 8 |
| Notice of proposed rulemaking shall be transmitted to the
Board | 9 |
| and the Department shall review the Board's response and any
| 10 |
| recommendations made therein. The Department shall notify the | 11 |
| Board in
writing of the explanation for any deviations from the | 12 |
| Board's
recommendations and response.
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| (d) The Department may at any time seek the advice and the | 14 |
| expert
knowledge of the Board on any matter relating to the | 15 |
| administration of this Act.
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| (e) The Department shall issue a quarterly report to the | 17 |
| Board setting
forth the status of all complaints received by | 18 |
| the Department related to
the landscape architecture practice.
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| (f) The Department shall maintain membership and | 20 |
| representation in the national body composed of state licensing | 21 |
| and testing boards for landscape architects.
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| (Source: P.A. 86-932.)
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| (225 ILCS 315/9) (from Ch. 111, par. 8109)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 9. Composition, qualification, and terms of Board.
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| (a) The Secretary
Director shall appoint the Illinois | 27 |
| Landscape Architecture Licensing
a Board consisting of 5 | 28 |
| persons
who are residents of the State of Illinois and who | 29 |
| shall be appointed by
and shall serve in an advisory capacity | 30 |
| to the Secretary
Director . Four persons
shall be individuals | 31 |
| experienced in landscape architectural work who would
qualify | 32 |
| upon application to the Department under the provisions of this | 33 |
| Act
to be a licensed
registered landscape architects, one of |
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| whom shall be a tenured member
of the landscape architecture | 2 |
| faculty of a university located within this State that | 3 |
| maintains an accredited school of landscape architecture
the | 4 |
| University of Illinois and 3
of whom shall have engaged in | 5 |
| landscape architectural work for at least 5
years. The fifth | 6 |
| person shall be a public member, not an employee of the
State | 7 |
| of Illinois, who is not licensed
registered under this Act or a | 8 |
| similar Act of
another jurisdiction. The public member may not | 9 |
| be elected or appointed as
chairman of the Board or serve in | 10 |
| such capacity in any other manner.
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| (b) Members of the Board shall serve 5 year terms and until | 12 |
| their
successors are appointed and qualified. No member shall | 13 |
| be
reappointed to the Board for a term which would cause that | 14 |
| member's
cumulative service on the Board to be longer than 10 | 15 |
| years.
No member who is an initial appointment to the Board | 16 |
| shall be reappointed
to the Board for a term which would cause | 17 |
| that member's cumulative service
on the Board to be longer than | 18 |
| 13 years. Appointments
to fill vacancies shall be made in the | 19 |
| same manner as original appointments
for the unexpired portion | 20 |
| of the vacated term. Initial terms shall begin
upon the | 21 |
| effective date of this Act.
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| (c) The Secretary
Director may remove any member of the | 23 |
| Board for cause, which may
include without limitation a member | 24 |
| who does not attend 2 consecutive
meetings.
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| (d) The Secretary
Director shall consider the | 26 |
| recommendations of the Board on
questions involving standards | 27 |
| of professional conduct, discipline, and
qualifications of | 28 |
| candidates and registrants under this Act.
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| (e) A quorum of the Board shall consist of a majority of | 30 |
| members currently
appointed. A majority vote of the quorum is | 31 |
| required for Board
board decisions.
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| (f) The Board shall annually elect a chairperson and vice | 33 |
| chairperson, both
of whom shall be licensed landscape | 34 |
| architects.
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| (Source: P.A. 91-255, eff. 12-30-99.)
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| (225 ILCS 315/10) (from Ch. 111, par. 8110)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 10. Application for licensure
Registration . An | 5 |
| application for licensure
registration shall be made to the | 6 |
| Department in writing on forms prescribed
by the Department and | 7 |
| shall be accompanied by the required fee, which shall
not be | 8 |
| returnable. The application shall require such information as, | 9 |
| in
the judgment of the Department, will enable the Department | 10 |
| to pass on the
qualifications of the applicant for licensure
| 11 |
| registration .
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| (Source: P.A. 86-932.)
| 13 |
| (225 ILCS 315/11) (from Ch. 111, par. 8111)
| 14 |
| (Section scheduled to be repealed on January 1, 2010)
| 15 |
| Sec. 11. Licensure
Registration
Qualifications.
| 16 |
| (a) Every person applying to the Department for licensure
| 17 |
| registration shall do so
on forms approved by the Department | 18 |
| and shall pay the required fee. Every
person applying to the | 19 |
| Department for licensure
registration
shall submit, with his | 20 |
| application, satisfactory evidence that the person
holds an | 21 |
| approved professional degree in landscape architecture from an
| 22 |
| approved and accredited program, as such terms are defined by | 23 |
| the rules and
regulations of the Department, and that he has | 24 |
| had such practical
experience in landscape architectural work | 25 |
| as shall be required by the
rules and regulations of the | 26 |
| Department. Every
In lieu of evidence of any
approved | 27 |
| professional degree in landscape architecture, the applicant | 28 |
| may
submit satisfactory evidence of such other education or | 29 |
| experience as shall
be required by the rules and regulations of | 30 |
| the Department; provided,
however, that after January 1, 1993 | 31 |
| every applicant for initial licensure
registration
must have an
| 32 |
| approved professional degree.
If an applicant is qualified the |
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| Department shall,
by means of a written examination, examine | 2 |
| the applicant on such technical
and professional subjects as | 3 |
| shall be required by the rules and regulations
of the | 4 |
| Department.
| 5 |
| (b) The Department may exempt from such written examination | 6 |
| an applicant
who holds a certificate of qualification issued by | 7 |
| the National Council of
Landscape Architecture Registration | 8 |
| Boards, or who holds a license
registration in
another state | 9 |
| which has equivalent or substantially equivalent requirements
| 10 |
| as the State of Illinois.
| 11 |
| (c) The Department shall adopt rules determining | 12 |
| requirements for practical training and
education. The | 13 |
| Department may also adopt the examinations and recommended
| 14 |
| grading procedures of the National
Council of Landscape | 15 |
| Architectural Registration Boards and the
accreditation | 16 |
| procedures of the Landscape Architectural Accrediting Board.
| 17 |
| The Department shall issue a license
certificate of | 18 |
| registration to each applicant who satisfies
the requirements | 19 |
| set forth in this Section. Such licensure
registration shall be
| 20 |
| effective upon issuance.
| 21 |
| (d) If an applicant neglects, fails without an approved | 22 |
| excuse, or
refuses to take an examination or fails to pass an | 23 |
| examination to obtain a license
certificate of registration
| 24 |
| under this Act within 3 years after filing the
application, the | 25 |
| application shall be denied. However, such applicant may
| 26 |
| thereafter submit a new application accompanied by the required | 27 |
| fee.
| 28 |
| (e) (Blank).
Any person who has been engaged in the | 29 |
| practice of landscape
architecture prior to the effective date | 30 |
| of this Act, shall, upon
application within 2 years from the | 31 |
| effective date of this Act and upon
payment of the required | 32 |
| current registration fee and application fee, be
issued | 33 |
| registration without examination upon furnishing to the | 34 |
| Department
satisfactory proof that he was so engaged prior to |
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| such date. The
Director, through the Board, shall accept as | 2 |
| satisfactory evidence of the
competency and qualifications of | 3 |
| the applicant for registration the following:
| 4 |
| (1) A diploma of graduation or satisfactory completion | 5 |
| certificate
from a college, school, or university offering | 6 |
| an accredited program in
landscape architecture, together | 7 |
| with evidence of at least 2 years of actual,
practical
| 8 |
| experience in landscape architectural work of a grade and | 9 |
| character
acceptable to the Board; or
| 10 |
| (2) Evidence that the applicant has a total of at least | 11 |
| 7 years of actual,
practical
experience in landscape | 12 |
| architectural work of a grade and character
acceptable to | 13 |
| the Board and has been actually engaged in the active
| 14 |
| practice of landscape architecture for not less than 4 | 15 |
| years
immediately prior to the effective date of this Act.
| 16 |
| (Source: P.A. 91-255, eff. 12-30-99.)
| 17 |
| (225 ILCS 315/11.5 new)
| 18 |
| (Section scheduled to be repealed on January 1, 2010) | 19 |
| Sec. 11.5. Registrants deemed licensed. Any landscape | 20 |
| architect registered under this Act on the effective date of | 21 |
| this amendatory Act of the 94th General Assembly shall be | 22 |
| deemed licensed under this Act until such time as his or her | 23 |
| registration is revoked. Upon the revocation of the valid | 24 |
| registration, the requirements for license renewal, license | 25 |
| restoration, or administrative proceedings shall apply.
| 26 |
| (225 ILCS 315/12) (from Ch. 111, par. 8112)
| 27 |
| (Section scheduled to be repealed on January 1, 2010)
| 28 |
| Sec. 12. Licensure; renewal; restoration
Registration, | 29 |
| Renewal, Restoration .
| 30 |
| (a) The expiration date and renewal period for each license
| 31 |
| registration issued
under this Act shall be prescribed by the | 32 |
| rules and regulations of the Department.
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| (b) Any person who has permitted his license
registration
| 2 |
| to expire or who has
had his license
registration on inactive | 3 |
| status may have his license
registration restored
by applying | 4 |
| to the Department, filing proof acceptable to the
Department of | 5 |
| his fitness to have the license
registration restored, which | 6 |
| may
include sworn evidence certifying to active practice in | 7 |
| another
jurisdiction satisfactory to the Department and paying | 8 |
| the required restoration fee.
| 9 |
| (c) If the person has not maintained an active practice in | 10 |
| another
jurisdiction satisfactory to the Department, the Board | 11 |
| shall
determine, by an evaluation program established by rule, | 12 |
| the person's
fitness to resume active status and may
require | 13 |
| the successful completion of an examination.
| 14 |
| (d) However, any person whose license
registration has | 15 |
| expired while he has been
engaged: (1) in Federal Service on | 16 |
| active duty with the Armed Forces of the
United States or the | 17 |
| State Militia called into service or training; or (2)
in | 18 |
| training or education under the supervision of the United | 19 |
| States
preliminary to induction into the military service, may | 20 |
| have his license
registration renewed or restored without | 21 |
| paying any lapsed renewal fees if,
within 2 years after | 22 |
| termination of such service, training or education
other than | 23 |
| by dishonorable discharge, he furnishes the Department with
| 24 |
| satisfactory evidence to the effect that he has been so engaged | 25 |
| and that
the service, training or education has been so | 26 |
| terminated.
| 27 |
| (e) Each application for renewal shall contain the | 28 |
| signature of the landscape architect.
| 29 |
| (Source: P.A. 86-932.)
| 30 |
| (225 ILCS 315/12.5 new) | 31 |
| (Section scheduled to be repealed on January 1, 2010) | 32 |
| Sec. 12.5. Continuing education. The Department may adopt | 33 |
| rules of continuing education for persons licensed under this |
|
|
|
09400SB2574sam001 |
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| 1 |
| Act. The Department shall consider the recommendations of the | 2 |
| Board in establishing the guidelines for the continuing | 3 |
| education requirements. Rules adopted under this Section apply | 4 |
| to any person seeking renewal or restoration of licensure under | 5 |
| this Act. The continuing education shall consist of at least 6 | 6 |
| hours per year and may include relevant courses offered in | 7 |
| various formats or mediums.
| 8 |
| (225 ILCS 315/13) (from Ch. 111, par. 8113)
| 9 |
| (Section scheduled to be repealed on January 1, 2010)
| 10 |
| Sec. 13. Inactive Status.
| 11 |
| (a) Any landscape architect who notifies the Department in | 12 |
| writing on
forms prescribed by the Department may elect to | 13 |
| place
his license
registration on an inactive status and shall | 14 |
| be excused from payment of
renewal fees until he notifies the | 15 |
| Department in writing of his desire to
resume active status.
| 16 |
| (b) Any person whose license has been expired for more than | 17 |
| 3 years may have
his license restored by making application to | 18 |
| the Department and filing
proof acceptable to the Department of | 19 |
| his fitness to have his license
restored, including evidence | 20 |
| certifying to active practice in another
jurisdiction, and by | 21 |
| paying the required restoration fee.
| 22 |
| (c) Any landscape architect whose license
registration is | 23 |
| in an inactive status,
has been suspended or revoked, or has | 24 |
| expired shall not practice landscape architecture nor
| 25 |
| represent himself
to be a landscape architect or use the title | 26 |
| "landscape architect",
" licensed registered landscape | 27 |
| architect", or any other title which includes the
words | 28 |
| "landscape architect".
| 29 |
| (Source: P.A. 86-932.)
| 30 |
| (225 ILCS 315/15) (from Ch. 111, par. 8115)
| 31 |
| (Section scheduled to be repealed on January 1, 2010)
| 32 |
| Sec. 15. Disposition of funds. All of the fees collected |
|
|
|
09400SB2574sam001 |
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|
| 1 |
| pursuant
to this Act shall be deposited in the General | 2 |
| Professions Dedicated Fund.
| 3 |
| On January 1, 2000 the State Comptroller shall transfer the | 4 |
| balance of the
monies in the Landscape Architects' | 5 |
| Administration and Investigation Fund into
the General | 6 |
| Professions Dedicated Fund. Amounts appropriated for fiscal | 7 |
| year
2000 out of the Landscape Architects' Administration and | 8 |
| Investigation Fund may
be paid out of the General Professions | 9 |
| Dedicated Fund.
| 10 |
| The monies deposited in the General Professions Dedicated
| 11 |
| Fund may be used for the expenses of the Department in the
| 12 |
| administration of this Act.
| 13 |
| Moneys from the Fund may also be used for direct and | 14 |
| allocable indirect
costs related to the public purposes of the | 15 |
| Department of Financial and Professional
Regulation. Moneys in | 16 |
| the Fund may be transferred to the Professions
Indirect Cost | 17 |
| Fund as authorized by Section 2105-300 of the Department
of | 18 |
| Professional Regulation Law (20 ILCS 2105/2105-300).
| 19 |
| (Source: P.A. 91-239, eff. 1-1-00; 91-255, eff. 12-30-99; | 20 |
| 92-16, eff.
6-28-01.)
| 21 |
| (225 ILCS 315/16) (from Ch. 111, par. 8116)
| 22 |
| (Section scheduled to be repealed on January 1, 2010)
| 23 |
| Sec. 16. Roster. The Department shall maintain a roster of | 24 |
| the names and
addresses of all licensed
registered landscape | 25 |
| architects. This roster
shall be available upon written request | 26 |
| and payment of the required fee.
| 27 |
| (Source: P.A. 86-932.)
| 28 |
| (225 ILCS 315/17) (from Ch. 111, par. 8117)
| 29 |
| (Section scheduled to be repealed on January 1, 2010)
| 30 |
| Sec. 17. Advertising. Any person licensed
registered under | 31 |
| this Act may
advertise the availability of professional | 32 |
| services in the public media or
on the premises where such |
|
|
|
09400SB2574sam001 |
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|
| 1 |
| professional services are rendered provided that
such | 2 |
| advertising is truthful and not misleading.
| 3 |
| (Source: P.A. 86-932.)
| 4 |
| (225 ILCS 315/18) (from Ch. 111, par. 8118)
| 5 |
| (Section scheduled to be repealed on January 1, 2010)
| 6 |
| Sec. 18. Violation; injunction; cease and desist order.
| 7 |
| (a) If any
person violates the
provisions of this Act, the | 8 |
| Secretary
Director may, in the name of the People of the
State | 9 |
| of Illinois, through the Attorney General of the State of | 10 |
| Illinois
or the State's Attorney of any county in which the | 11 |
| action is brought, petition
for an order enjoining such | 12 |
| violation and for an order enforcing compliance
with this Act. | 13 |
| Upon the filing of a verified petition in court, the court
may | 14 |
| issue a temporary restraining order, without notice or bond, | 15 |
| and may
preliminarily and permanently enjoin
such violation. If | 16 |
| it is established that such person has violated or
is violating | 17 |
| the injunction, the Court may punish the offender for contempt
| 18 |
| of court. Proceedings under this Section shall be in addition | 19 |
| to, and not
in lieu of, all other remedies and penalties | 20 |
| provided by this Act.
| 21 |
| (b) If any person shall practice landscape architecture or
| 22 |
| hold himself out as a "landscape architect" or
"registered | 23 |
| landscape architect" without being licensed
registered under | 24 |
| the
provisions of this Act, then any licensed
registered
| 25 |
| landscape architect, any
interested party , or any person | 26 |
| injured thereby may, in addition to the
Secretary
Director , | 27 |
| petition for relief as provided in subsection (a) of this | 28 |
| Section.
| 29 |
| (c) Whoever holds himself out as a "landscape architect" or | 30 |
| a " licensed
registered
landscape architect" or engages in | 31 |
| landscape architectural practice
in this State without being | 32 |
| licensed
registered for that purpose shall be guilty of
a Class | 33 |
| A misdemeanor, and for each subsequent conviction shall be |
|
|
|
09400SB2574sam001 |
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|
| 1 |
| guilty
of a Class 4 felony.
| 2 |
| (d) Whenever, in the opinion of the Department, a person | 3 |
| violates any
provision of this Act, the Department may issue a | 4 |
| rule to show cause why an
order to cease and desist should not | 5 |
| be entered against that person. The rule
shall clearly set | 6 |
| forth the grounds relied upon by the Department and shall
allow | 7 |
| the person at least 7 days from the date of the rule to file an | 8 |
| answer
that is satisfactory
to the Department. Failure to | 9 |
| answer to the satisfaction of the Department
shall cause an | 10 |
| order to cease and desist to be issued.
| 11 |
| (Source: P.A. 88-363.)
| 12 |
| (225 ILCS 315/18.1)
| 13 |
| (Section scheduled to be repealed on January 1, 2010)
| 14 |
| Sec. 18.1. Grounds for Discipline.
| 15 |
| (a) The Department may refuse to issue, renew, or may | 16 |
| revoke, suspend, place
on probation, reprimand, or take other | 17 |
| disciplinary action as the Department
considers appropriate, | 18 |
| including the issuance of fines not to exceed $1,000 for
each | 19 |
| violation, with regard to any license for any one or more of | 20 |
| the
following:
| 21 |
| (1) Material misstatement in furnishing information to | 22 |
| the Department or
to any other State agency.
| 23 |
| (2) Negligent or intentional disregard of this Act, or | 24 |
| violation of any
rules under this Act.
| 25 |
| (3) Conviction of or plea of guilty or nolo contendere | 26 |
| to any crime under the laws of the United States or any
| 27 |
| state or territory thereof that is a felony, or that is a | 28 |
| misdemeanor, an
essential element of which is dishonesty, | 29 |
| or of any crime that is directly
related to the practice of | 30 |
| the profession.
| 31 |
| (4) Making any misrepresentation for the purpose of | 32 |
| obtaining a license,
or violating any provision of this Act | 33 |
| or its rules.
|
|
|
|
09400SB2574sam001 |
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|
| 1 |
| (5) Professional incompetence or gross negligence in | 2 |
| the rendering of
landscape architectural services.
| 3 |
| (6) Aiding or assisting another person in violating any | 4 |
| provision of this
Act or any rules.
| 5 |
| (7) Failing to provide information within 60 days in | 6 |
| response to a written
request made by the Department.
| 7 |
| (8) Engaging in dishonorable, unethical, or | 8 |
| unprofessional conduct of a
character likely to deceive, | 9 |
| defraud, or harm the public and violating the
rules of | 10 |
| professional conduct adopted by the Department.
| 11 |
| (9) Habitual or excessive use or addiction to alcohol, | 12 |
| narcotics,
stimulants, or any other chemical agent or drug | 13 |
| that results in an inability to
practice with reasonable | 14 |
| skill, judgment, or safety.
| 15 |
| (10) Discipline by another jurisdiction, if at least | 16 |
| one of the grounds
for the discipline is the same or | 17 |
| substantially equivalent to those set forth
in this | 18 |
| Section.
| 19 |
| (11) Directly or indirectly giving to or receiving from | 20 |
| any person, firm,
corporation, partnership, or association | 21 |
| any fee, commission, rebate, or other
form of compensation | 22 |
| for any professional service not actually rendered.
| 23 |
| (12) A finding by the Board that the licensee, after | 24 |
| having the license
placed on probationary status, has | 25 |
| violated the terms of probation.
| 26 |
| (12.5) A finding by the Board that the licensee has | 27 |
| failed to pay a fine
imposed by the Department.
| 28 |
| (13) Abandonment of a client.
| 29 |
| (14) Willfully filing false reports relating to a | 30 |
| licensee's practice,
including but not limited to, false | 31 |
| records filed with federal or State
agencies
or | 32 |
| departments.
| 33 |
| (15) Being named as a perpetrator in an indicated | 34 |
| report by the Department
of Children and Family Services |
|
|
|
09400SB2574sam001 |
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|
| 1 |
| under the Abused and Neglected Child
Reporting Act, and | 2 |
| upon proof by clear and convincing evidence that the
| 3 |
| licensee has caused a child to be an abused child or | 4 |
| neglected child as defined
in the Abused and Neglected | 5 |
| Child Reporting Act.
| 6 |
| (16) Physical or mental disability, including | 7 |
| deterioration through the
aging process or loss of | 8 |
| abilities and skills that results in the inability to
| 9 |
| practice the profession with reasonable judgment, skill, | 10 |
| or safety.
| 11 |
| (17) Solicitation of professional services by using | 12 |
| false or misleading
advertising.
| 13 |
| (18) Failure to file a return, or to pay the tax, | 14 |
| penalty, or interest
shown in a filed return, or to pay any | 15 |
| final assessment of tax, penalty, or
interest, as required | 16 |
| by any tax Act administered by the Illinois Department of
| 17 |
| Revenue or any successor agency or the Internal Revenue | 18 |
| Service or any
successor agency.
| 19 |
| (b) Any fines imposed under this Section shall not exceed | 20 |
| $10,000
$1,000 for each
violation.
| 21 |
| (c) The determination by a court that a licensee is subject | 22 |
| to involuntary
admission or judicial admission as provided in | 23 |
| the Mental Health and
Developmental Disabilities Code will | 24 |
| result in an automatic suspension of his
or her license. The | 25 |
| suspension will end upon a finding by a court that the
licensee | 26 |
| is no longer subject to involuntary admission or judicial | 27 |
| admission,
the issuance of an order so finding and discharging | 28 |
| the patient, and the
recommendation of the Board to the | 29 |
| Secretary
Director that the licensee be allowed to
resume | 30 |
| professional practice.
| 31 |
| (d) In enforcing this Section, the Board, upon a showing of | 32 |
| a possible
violation, may compel a person licensed
registered
| 33 |
| under this Act or who has
applied for licensure
registration
| 34 |
| pursuant to this Act to submit to a
mental or physical |
|
|
|
09400SB2574sam001 |
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|
| 1 |
| examination, or both, as required by and at the expense of
the | 2 |
| Department. The examining physicians shall be those | 3 |
| specifically
designated by the Board. The Board or the | 4 |
| Department may order the examining
physician to present | 5 |
| testimony concerning this mental or physical examination
of the | 6 |
| registrant or applicant. No information shall be excluded by | 7 |
| reason of
any common law or statutory privilege relating to | 8 |
| communications between the licensee
registrant or applicant | 9 |
| and the examining physician. The person to be
examined
may
| 10 |
| have, at his or her own expense, another physician of his or | 11 |
| her choice present
during all aspects of the examination. | 12 |
| Failure of any person to submit to a
mental or physical | 13 |
| examination when directed shall be grounds for suspension
of a | 14 |
| license
registration until the person submits to the | 15 |
| examination if the Board
finds,
after notice and hearing, that | 16 |
| the refusal to submit to the examination was
without reasonable | 17 |
| cause.
| 18 |
| If the Board finds a person unable to practice because of | 19 |
| the reasons set
forth in this Section, the Board may require | 20 |
| that person to submit to care,
counseling, or treatment by | 21 |
| physicians approved or designated by the Board as
a condition, | 22 |
| term, or restriction for continued, reinstated, or renewed | 23 |
| licensure
registration ; or, in lieu of care, counseling, or | 24 |
| treatment, the Board
may recommend that the Department file a | 25 |
| complaint to immediately suspend,
revoke, or otherwise | 26 |
| discipline the license
registration of the person. Any person
| 27 |
| whose license
registration was granted, continued, reinstated, | 28 |
| renewed, disciplined, or
supervised
subject to such terms, | 29 |
| conditions, or restrictions and who fails to comply
with such | 30 |
| terms, conditions, or restrictions shall be referred to the | 31 |
| Secretary
Director
for a determination as to whether the person | 32 |
| shall have his or her license
registration
suspended | 33 |
| immediately, pending a hearing by the Board.
| 34 |
| (Source: P.A. 91-255, eff. 12-30-99.)
|
|
|
|
09400SB2574sam001 |
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|
| 1 |
| (225 ILCS 315/19) (from Ch. 111, par. 8119)
| 2 |
| (Section scheduled to be repealed on January 1, 2010)
| 3 |
| Sec. 19. Investigation; notice and hearing. The Department | 4 |
| may
investigate the actions or qualifications of any applicant | 5 |
| or person
holding or claiming to hold a certificate of license
| 6 |
| registration . The Department
shall, before suspending or | 7 |
| revoking, placing on probation, reprimanding, or
taking any | 8 |
| other disciplinary action under Section 18.1 of this Act, at
| 9 |
| least 30 days before the
date set for the hearing, notify the | 10 |
| applicant or holder of a certificate of license
registration in | 11 |
| writing
of the nature of the
charges
and that a hearing will be | 12 |
| held on the date designated. The
written
notice may be served | 13 |
| by personal delivery or certified or registered mail
to the
| 14 |
| applicant or licensee at the address of his last
notification | 15 |
| to the Department.
The Department shall direct the applicant or | 16 |
| licensee to file a written
answer with
the Department, under | 17 |
| oath, within 20 days after the service of the notice, and
| 18 |
| inform the person that if he or she fails to file an answer, | 19 |
| his or her license
may be revoked, suspended, placed on | 20 |
| probation, reprimanded, or the Department
may take any other | 21 |
| additional disciplinary action including the issuance of
| 22 |
| fines, not to exceed $1,000 for each violation, as the | 23 |
| Department may consider
necessary, without a hearing. At the | 24 |
| time and place fixed in the notice, the
Board shall proceed to | 25 |
| hear the charges and the parties or their counsel. All
parties | 26 |
| shall
be accorded an opportunity to present any statements, | 27 |
| testimony, evidence,
and arguments as may be pertinent to the | 28 |
| charges or to their defense. The
Board may continue the hearing | 29 |
| from time to time.
| 30 |
| (Source: P.A. 87-1031; 88-363.)
| 31 |
| (225 ILCS 315/21) (from Ch. 111, par. 8121)
| 32 |
| (Section scheduled to be repealed on January 1, 2010)
|
|
|
|
09400SB2574sam001 |
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|
| 1 |
| Sec. 21. Subpoenas; depositions; oaths. The Department has
| 2 |
| power to subpoena and bring before it any person and to take
| 3 |
| testimony either orally or by deposition, or both, with the | 4 |
| same fees and
mileage and in the same manner as prescribed
in | 5 |
| civil cases in circuit courts of this State.
| 6 |
| The Secretary
Director , the designated hearing officer, | 7 |
| and every member of the
Board has the power to
administer oaths | 8 |
| to witnesses at any hearing which the Department is
authorized | 9 |
| to conduct, and any other oaths
authorized in
any Act | 10 |
| administered by the Department.
| 11 |
| (Source: P.A. 88-363.)
| 12 |
| (225 ILCS 315/22.1)
| 13 |
| (Section scheduled to be repealed on January 1, 2010)
| 14 |
| Sec. 22.1. Findings and recommendations. At the conclusion | 15 |
| of the
hearing, the Board shall present to the Secretary
| 16 |
| Director a written report of its
findings of fact, conclusions | 17 |
| of law, and recommendations. The report shall
contain a finding | 18 |
| whether the licensee violated this Act or failed to comply
with | 19 |
| the conditions required in this Act. The Board shall specify | 20 |
| the nature
of the violation or failure to comply, and shall | 21 |
| make its recommendations to
the Secretary
Director .
| 22 |
| The report of findings of fact, conclusions of law, and | 23 |
| recommendation of the
Board shall be the basis for the | 24 |
| Department's order for refusal or for the
granting of the | 25 |
| license. If the Secretary
Director disagrees with the | 26 |
| recommendations of
the Board, the Secretary
Director may issue | 27 |
| an order in contravention of the Board
recommendations. The | 28 |
| Secretary
Director shall provide a written report to the Board | 29 |
| on
any disagreement and shall specify the reasons for the | 30 |
| action in the final
order. The findings are not admissible in | 31 |
| evidence against the person in a
criminal prosecution for | 32 |
| violation of this Act, but the hearing and
findings are not a | 33 |
| bar to a criminal prosecution for violation of
this Act.
|
|
|
|
09400SB2574sam001 |
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LRB094 18855 RAS 55947 a |
|
| 1 |
| (Source: P.A. 88-363.)
| 2 |
| (225 ILCS 315/23) (from Ch. 111, par. 8123)
| 3 |
| (Section scheduled to be repealed on January 1, 2010)
| 4 |
| Sec. 23. Board; Rehearing. At the conclusion of
the | 5 |
| hearing, a
copy of the Board's report shall be served upon the | 6 |
| accused
person, either
personally or as provided in this Act | 7 |
| for
the service of the notice. Within 20 days after such | 8 |
| service, the
applicant or licensee may present to the | 9 |
| Department
a motion in writing for a
rehearing which shall | 10 |
| specify the particular grounds for rehearing. If no motion for | 11 |
| a rehearing is filed, then upon the
expiration of the time | 12 |
| specified for filing such a motion, or if a motion for
| 13 |
| rehearing is denied, then upon the denial, the Secretary
| 14 |
| Director may enter any order in
accordance with recommendations | 15 |
| of the Board, except as provided in Section 120
of this Act. If | 16 |
| the applicant or licensee requests and pays for a transcript
of | 17 |
| the record within the time for filing a motion for rehearing, | 18 |
| the 20-day
period within which a motion may be filed shall | 19 |
| commence upon the delivery of
the transcript to the applicant | 20 |
| or licensee.
| 21 |
| Whenever the Secretary
Director is not satisfied that | 22 |
| substantial justice has been
done, he may order a rehearing by | 23 |
| the same or another special board. At
the expiration of the | 24 |
| time specified for filing a motion for a rehearing
the | 25 |
| Secretary
Director has the right to take the action recommended | 26 |
| by the Board.
| 27 |
| (Source: P.A. 88-363.)
| 28 |
| (225 ILCS 315/24) (from Ch. 111, par. 8124)
| 29 |
| (Section scheduled to be repealed on January 1, 2010)
| 30 |
| Sec. 24. Appointment of a hearing officer. The Secretary
| 31 |
| Director has the authority to appoint
any attorney licensed to | 32 |
| practice law in the State of Illinois to
serve as the hearing |
|
|
|
09400SB2574sam001 |
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LRB094 18855 RAS 55947 a |
|
| 1 |
| officer in any action
for refusal to issue or renew a license | 2 |
| or permit or to discipline a
licensee. The Secretary
Director
| 3 |
| shall notify the Board of any such appointment. The
hearing
| 4 |
| officer has full authority to conduct the hearing. At least one | 5 |
| member of
the Board shall attend each hearing. The hearing | 6 |
| officer shall report his findings of
fact, conclusions of law | 7 |
| and recommendations to the Board and the Secretary
Director .
| 8 |
| The Board has 60 days from receipt of the report to review
it | 9 |
| and present its findings of fact,
conclusions of law and | 10 |
| recommendations to the Secretary
Director . If the Board fails
| 11 |
| to present its report within the 60 day period, the Secretary
| 12 |
| Director shall issue an
order based on the report of the | 13 |
| hearing officer. If the Secretary
Director
disagrees with the | 14 |
| recommendation of the Board
or hearing officer, the Secretary
| 15 |
| Director
may issue an order in contravention of the | 16 |
| recommendation. The
Secretary
Director shall promptly provide | 17 |
| a
written explanation to the Board on any disagreement.
| 18 |
| (Source: P.A. 88-363.)
| 19 |
| (225 ILCS 315/25) (from Ch. 111, par. 8125)
| 20 |
| (Section scheduled to be repealed on January 1, 2010)
| 21 |
| Sec. 25. Order or certified copy; prima facie proof. An | 22 |
| order or a
certified copy thereof, over the seal of the | 23 |
| Department and purporting to be
signed by the Secretary
| 24 |
| Director , shall be prima facie proof that:
| 25 |
| (a) the signature is the genuine signature of the | 26 |
| Secretary
Director ;
| 27 |
| (b) the Secretary
Director is duly appointed and | 28 |
| qualified;
and
| 29 |
| (c) the Board and the members thereof are qualified to | 30 |
| act.
| 31 |
| (Source: P.A. 91-357, eff. 7-29-99.)
| 32 |
| (225 ILCS 315/28) (from Ch. 111, par. 8128)
|
|
|
|
09400SB2574sam001 |
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LRB094 18855 RAS 55947 a |
|
| 1 |
| (Section scheduled to be repealed on January 1, 2010)
| 2 |
| Sec. 28. Summary suspension of a license. The Secretary
| 3 |
| Director
may
summarily suspend the license of a landscape
| 4 |
| architect without a hearing,
simultaneously with the | 5 |
| institution of proceedings for a hearing provided
for in | 6 |
| Section 24 of this Act, if the Secretary
Director finds that | 7 |
| evidence in the
possession of the Secretary
Director indicates | 8 |
| that the
continuation in practice by the landscape architect | 9 |
| would
constitute an imminent danger to the public. In the event | 10 |
| that the
Secretary
Director temporarily suspends the license of | 11 |
| an individual
without a
hearing, a hearing must be held within | 12 |
| 30 days after such
suspension has occurred.
| 13 |
| (Source: P.A. 88-363.)
| 14 |
| Section 10. The Professional Engineering Practice Act of | 15 |
| 1989 is amended by changing Section 4 as follows:
| 16 |
| (225 ILCS 325/4) (from Ch. 111, par. 5204)
| 17 |
| (Section scheduled to be repealed on January 1, 2010)
| 18 |
| Sec. 4. Definitions. As used in this Act:
| 19 |
| (a) "Approved engineering curriculum" means
an engineering | 20 |
| curriculum or program
of 4 academic years or more which meets | 21 |
| the standards established by the
rules of the Department.
| 22 |
| (b) "Board" means the State Board of Professional Engineers | 23 |
| of the
Department of Professional Regulation, previously known | 24 |
| as the Examining
Committee.
| 25 |
| (c) "Department" means the Department of Professional | 26 |
| Regulation.
| 27 |
| (d) "Design professional" means an architect, structural | 28 |
| engineer or
professional engineer , or landscape architect
| 29 |
| practicing in conformance with the Illinois
Architecture | 30 |
| Practice Act of 1989, the Structural
Engineering Practice Act | 31 |
| of 1989 ,
or the
Professional Engineering Practice Act of 1989 , | 32 |
| or the Illinois Landscape Architecture Act of 1989 .
|
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| (e) "Director" means the Director of Professional | 2 |
| Regulation.
| 3 |
| (f) "Direct supervision/responsible charge" means work
| 4 |
| prepared under the control of a licensed professional engineer | 5 |
| or that
work as to which that professional engineer has | 6 |
| detailed professional
knowledge.
| 7 |
| (g) "Engineering college" means a school, college, | 8 |
| university,
department of a university or other educational | 9 |
| institution, reputable
and in good standing in accordance with | 10 |
| rules prescribed by the
Department, and which grants | 11 |
| baccalaureate degrees in engineering.
| 12 |
| (h) "Engineering system or facility" means a system or | 13 |
| facility whose
design is based upon the application of the | 14 |
| principles of science for
the purpose of modification of | 15 |
| natural states of being.
| 16 |
| (i) "Engineer intern" means a person who is a candidate for
| 17 |
| licensure as a professional engineer and who has been enrolled | 18 |
| as an
engineer intern.
| 19 |
| (j) "Enrollment" means an action by the Department to | 20 |
| record those
individuals who have met the Board's requirements | 21 |
| for an engineer
intern.
| 22 |
| (k) "License" means an official document issued by the | 23 |
| Department to
an individual, a corporation, a partnership, a | 24 |
| professional
service corporation, a limited liability company, | 25 |
| or a sole proprietorship,
signifying authority to
practice.
| 26 |
| (l) "Negligence in the practice of professional | 27 |
| engineering" means the
failure to exercise that degree of | 28 |
| reasonable professional skill, judgment
and diligence normally | 29 |
| rendered by professional engineers in the
practice of | 30 |
| professional engineering.
| 31 |
| (m) "Professional engineer" means a person licensed under | 32 |
| the laws
of the State of Illinois to practice professional | 33 |
| engineering.
| 34 |
| (n) "Professional engineering" means the application of |
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| science to the
design of engineering systems and facilities | 2 |
| using the knowledge,
skills, ability and professional judgment | 3 |
| developed through professional
engineering education, training | 4 |
| and experience.
| 5 |
| (o) "Professional engineering practice" means the | 6 |
| consultation on,
conception, investigation, evaluation, | 7 |
| planning, and design of, and
selection of materials to be used | 8 |
| in, administration of
construction contracts for, or site | 9 |
| observation of,
an engineering system
or facility, where such | 10 |
| consultation, conception, investigation,
evaluation, planning, | 11 |
| design, selection, administration, or observation
requires | 12 |
| extensive knowledge of engineering laws, formulae, materials,
| 13 |
| practice, and construction methods. A person shall be construed | 14 |
| to
practice or offer to practice professional engineering, | 15 |
| within the
meaning and intent of this Act, who practices, or | 16 |
| who, by verbal claim,
sign, advertisement, letterhead, card, or | 17 |
| any other way, is represented
to be a professional engineer, or | 18 |
| through the use of the initials "P.E."
or the title "engineer" | 19 |
| or any of its derivations or some other title
implies licensure | 20 |
| as a professional engineer, or holds himself out as able to
| 21 |
| perform any service which is recognized as professional | 22 |
| engineering
practice.
| 23 |
| Examples of the practice of professional engineering | 24 |
| include, but need
not be limited to, transportation facilities | 25 |
| and publicly owned
utilities for a region or community,
| 26 |
| railroads, railways, highways, subways, canals, harbors, river
| 27 |
| improvements; irrigation works; aircraft, airports and landing | 28 |
| fields;
waterworks, piping systems and appurtenances, sewers, | 29 |
| sewage disposal
works; plants for the generation of
power; | 30 |
| devices for the utilization of power; boilers; refrigeration
| 31 |
| plants, air conditioning systems and plants; heating systems | 32 |
| and plants;
plants for the transmission or distribution of | 33 |
| power; electrical plants
which produce, transmit, distribute, | 34 |
| or utilize electrical energy; works
for the extraction of |
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| minerals from the earth; plants for the refining,
alloying or | 2 |
| treating of metals; chemical works and industrial plants
| 3 |
| involving the use of chemicals and chemical processes; plants | 4 |
| for the
production, conversion, or utilization of nuclear, | 5 |
| chemical, or radiant
energy; forensic engineering, | 6 |
| geotechnical engineering including,
subsurface investigations; | 7 |
| soil classification, geology and geohydrology,
incidental to | 8 |
| the practice of professional engineering; energy
analysis, | 9 |
| environmental design, hazardous waste mitigation and control;
| 10 |
| recognition, measurement, evaluation and control of | 11 |
| environmental systems and
emissions; automated building | 12 |
| management systems;
or the provision of professional | 13 |
| engineering site observation of the
construction of works and | 14 |
| engineering systems. Nothing contained in
this Section imposes | 15 |
| upon a person licensed under this Act the
responsibility for | 16 |
| the performance of any of the foregoing functions
unless such | 17 |
| person specifically contracts to provide it.
| 18 |
| (p) "Project representative" means the professional | 19 |
| engineer's
representative at the project site who assists in | 20 |
| the administration of
the construction contract.
| 21 |
| (q) "Registered" means the same as "licensed" for purposes | 22 |
| of this Act.
| 23 |
| (r) "Related science curriculum" means a 4 year program of | 24 |
| study, the
satisfactory completion of which results in a | 25 |
| Bachelor of Science
degree, and which contains courses from | 26 |
| such areas as life, earth,
engineering and computer sciences, | 27 |
| including but not limited to, physics
and chemistry. In the | 28 |
| study of these sciences, the objective is to
acquire | 29 |
| fundamental knowledge about the nature of its phenomena,
| 30 |
| including quantitative expression, appropriate to particular | 31 |
| fields of
engineering.
| 32 |
| (s) "Rules" means those rules promulgated pursuant to this | 33 |
| Act.
| 34 |
| (t) "Seal" means the seal in compliance with Section 14 of |
|
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| this Act.
| 2 |
| (u) "Site observation" is visitation of the construction | 3 |
| site for the
purpose of reviewing, as available, the quality | 4 |
| and conformance of the
work to the technical submissions as | 5 |
| they relate to design.
| 6 |
| (v) "Support design professional" means a professional | 7 |
| engineer
practicing in conformance with the Professional | 8 |
| Engineering Practice Act
of 1989, who provides services to the | 9 |
| design professional who has
contract responsibility.
| 10 |
| (w) "Technical submissions" means designs, drawings, and | 11 |
| specifications
which establish the standard of quality for | 12 |
| materials, workmanship,
equipment, and the construction | 13 |
| systems, studies, and other technical
reports prepared in the | 14 |
| course of a design professional's practice.
| 15 |
| (Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; 92-16, | 16 |
| eff. 6-28-01;
92-145, eff. 1-1-02.)
| 17 |
| (225 ILCS 315/5 rep.)
| 18 |
| Section 15. The Illinois Landscape Architecture Act of 1989 | 19 |
| is amended by repealing Section 5.
| 20 |
| Section 99. Effective date. This Act takes effect January | 21 |
| 1, 2007.".
|
|