Full Text of HB0474 95th General Assembly
HB0474ham001 95TH GENERAL ASSEMBLY
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Registration and Regulation Committee
Filed: 3/14/2007
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| AMENDMENT TO HOUSE BILL 474
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| AMENDMENT NO. ______. Amend House Bill 474 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 |
| Residential Building Contractor Licensing Act. | 6 |
| Section 5. Definitions. In this Act:
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| "Advertise" includes without limitation the issuance of | 8 |
| any card, sign, or device to any person or the causing, | 9 |
| permitting, or allowing of any sign or marking on or in any | 10 |
| building or structure, in any newspaper or magazine, by airwave | 11 |
| or any electronic transmission, or in any directory under a | 12 |
| listing for work covered by this Act, with or without any | 13 |
| limiting qualifications. | 14 |
| "Board" means the Residential Building Contractor | 15 |
| Licensing Board. | 16 |
| "Department" means the Department of Financial and |
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| Professional Regulation. | 2 |
| "Residential building contractor" means any person who | 3 |
| undertakes to, offers to undertake to, purports to have the | 4 |
| capacity to undertake to, submits a bid to, or does himself or | 5 |
| herself or by or through others construct, alter, repair, add | 6 |
| to, subtract from, improve, move, wreck, or demolish any single | 7 |
| family dwelling built, being built, or to be built, for the | 8 |
| support, shelter, and enclosure of persons, animals, chattels, | 9 |
| or movable property of any kind. | 10 |
| "Secretary" means the Secretary of Financial and | 11 |
| Professional Regulation.
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| "Specialty residential contractor" means any residential | 13 |
| building contractor whose operations involve the performance | 14 |
| of construction work that requires special skill and whose | 15 |
| principal residential building contracting business involves | 16 |
| the use of specialized residential building trades or crafts, | 17 |
| as determined by the Department. | 18 |
| Section 10. Licensure requirement.
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| (a) Beginning 12 months after the adoption of the final | 20 |
| administrative rules under this Act, no person may practice, | 21 |
| offer to practice, attempt to practice, or hold himself or | 22 |
| herself out to practice as a residential building contractor or | 23 |
| as a specialty residential contractor without being licensed or | 24 |
| exempt under this Act.
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| (b) Beginning 12 months after the adoption of the final |
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| administrative rules under this Act, no person may advertise as | 2 |
| a residential building contractor or a specialty residential | 3 |
| contractor without being licensed or exempt under this Act. | 4 |
| Section 15. Residential Building Contractor Licensing | 5 |
| Board.
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| (a) There is created the Residential Building Contractor | 7 |
| Licensing Board, which shall be under the authority of the | 8 |
| Department and shall consist of 7 persons appointed by the | 9 |
| Secretary. Six members shall be licensees under this Act, | 10 |
| except that in the case of initial appointments, the licensed | 11 |
| Board members shall meet the requirements for licensure under | 12 |
| this Act and shall have obtained licensure within 12 months | 13 |
| after the adoption of the final administrative rules under this | 14 |
| Act. Two members shall be residential building contractors, 2 | 15 |
| members shall be specialty residential contractors, 2 members | 16 |
| shall be representatives of a statewide association | 17 |
| representing residential building contractors, and one member | 18 |
| shall be a knowledgeable public member who is not licensed | 19 |
| under this Act or any Act administered by the Department. Board | 20 |
| membership shall reasonably represent the different geographic | 21 |
| areas of the State. | 22 |
| (b) The persons appointed shall hold office for 4 years and | 23 |
| until a successor is appointed and has qualified. Of the | 24 |
| members of the Board first appointed, 2 shall be appointed to | 25 |
| serve for 2 years, 2 shall be appointed to serve for 3 years, |
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| and 3 shall
be appointed to serve for 4 years. No member may | 2 |
| serve more than 2 complete 4-year terms.
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| (c) Members of the Board shall be immune from suit in any | 4 |
| action based upon any disciplinary proceedings or other acts | 5 |
| performed in good faith as members of the Board, unless the | 6 |
| conduct that gave rise to the suit was willful or wanton | 7 |
| misconduct. | 8 |
| (d) Within 90 days after a vacancy occurs, the Secretary | 9 |
| shall fill the vacancy for the unexpired portion of the term | 10 |
| with an appointee who meets the same qualifications as the | 11 |
| person whose position has become vacant. The Board shall meet | 12 |
| annually to elect one member as chairperson and one member as | 13 |
| vice-chairperson. No officer shall be elected more than twice | 14 |
| in succession to the same office. | 15 |
| (e) The members of the Board shall receive reimbursement | 16 |
| for actual, necessary, and authorized expenses incurred in | 17 |
| attending the meetings of the Board. | 18 |
| Section 20. Powers and duties of the Board. The Board may | 19 |
| exercise each of the following powers and duties subject to the | 20 |
| provisions of this Act: | 21 |
| (1) Prescribe forms of application for licensure. | 22 |
| (2) Pass upon the qualifications of applicants for | 23 |
| licensure, including examination, and issue licenses to | 24 |
| those found to be fit and qualified. | 25 |
| (3) Develop specialty residential contracting classes |
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| of licensure. | 2 |
| (4) Conduct hearings on proceedings to revoke, | 3 |
| suspend, or otherwise discipline or to refuse to issue or | 4 |
| renew licenses. | 5 |
| (5) Adopt rules necessary for the administration and | 6 |
| enforcement of this Act.
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| Section 25. Exemptions.
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| (a) The Board may adopt rules to make licensure optional | 9 |
| for persons who offer, bid, or undertake to perform work | 10 |
| peripheral to construction, as defined by the Board by rule. | 11 |
| (b) The following persons are exempt from licensure under | 12 |
| this Act: | 13 |
| (1) A person who is solely constructing, altering, | 14 |
| improving, or repairing personal property that is not | 15 |
| commercial property. | 16 |
| (2) A person who is constructing, altering, improving, | 17 |
| or repairing a structure located within the boundaries of | 18 |
| any site or reservation under the jurisdiction of the | 19 |
| federal government. | 20 |
| (3) A person who furnishes materials, supplies, | 21 |
| equipment, or finished products and does not fabricate them | 22 |
| into or consume them in the performance of the work of a | 23 |
| residential building contractor or specialty residential | 24 |
| contractor. | 25 |
| (4) A person working on one structure or project, under |
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| one or more contracts, when the aggregate price of all of | 2 |
| that person's contracts for labor, materials, and all other | 3 |
| items is less than $500 and such work is of a casual, | 4 |
| minor, or inconsequential nature. | 5 |
| (5) A person or entity operating or performing work | 6 |
| within the building construction field under the | 7 |
| supervision of a licensee under this Act as set forth in | 8 |
| Section 35 of this Act. | 9 |
| (c) This Section does not apply to a person who advertises | 10 |
| or puts out any sign or card or other device that might | 11 |
| indicate to the public that the person is a residential | 12 |
| building contractor or specialty residential contractor. | 13 |
| Section 30. Application; qualifications. | 14 |
| (a) An applicant for licensure under this Act must submit | 15 |
| an application in writing to the Board on a form prescribed by | 16 |
| the Board and accompanied by the application fee determined by | 17 |
| the Board. The application shall include, but need not be | 18 |
| limited to, all of the following information: | 19 |
| (1) The name, principal place of business, address, and | 20 |
| telephone number of the applicant. | 21 |
| (2) Verification satisfactory to the Board that the | 22 |
| applicant is at least 18 years of age. | 23 |
| (3) Satisfactory evidence of any experience within the | 24 |
| building contracting field, such as a certificate of | 25 |
| completion of apprenticeship or college transcript. |
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| (4) Satisfactory evidence that the contractor has | 2 |
| obtained workers' compensation insurance covering his or | 3 |
| her employees or is approved as a self-insurer of workers' | 4 |
| compensation, in accordance with Illinois law. | 5 |
| (5) Satisfactory evidence that the applicant has | 6 |
| submitted a bond to the Department in an amount to be | 7 |
| determined by the Board by rule. | 8 |
| (6) Disclosure of all settlements and judgments | 9 |
| against the applicant. | 10 |
| (7) Disclosure of all civil claims and criminal charges | 11 |
| pending against the applicant. | 12 |
| (8) Disclosure of relevant credit history information, | 13 |
| as determined by the Board. | 14 |
| (b) The Board may credit years of experience based on | 15 |
| training, apprenticeship, and education as follows: | 16 |
| (1) A maximum of one and one-half years, upon the | 17 |
| submission of evidence of a degree from a school accredited | 18 |
| by the Bureau of Apprenticeship and Training. | 19 |
| (2) A maximum of 2 years, upon the submission of proof | 20 |
| of any of the following: | 21 |
| (A) A 4-year degree from an accredited college or | 22 |
| university in a field related to the building | 23 |
| contracting trades. | 24 |
| (B) Substantial college or university work in | 25 |
| architecture, construction management, construction | 26 |
| technology, engineering, or a field related to the |
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| construction industry. | 2 |
| (3) A maximum of 3 years, upon the submission of either
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| (i) a certificate of completion of apprenticeship from an
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| accredited apprenticeship program or (ii) proof of the
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| successful completion of a 4-year degree from an accredited
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| college or university in architecture, construction
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| technology, or any field of engineering that is directly
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| related to construction.
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| (c) The applicant must provide notice to the Board, in | 10 |
| writing, of any changes in the information required to be | 11 |
| provided on the application.
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| Section 35. Nontransferable license; individual licensure. | 13 |
| (a) Any license issued under this Act shall be | 14 |
| nontransferable. | 15 |
| (b) No company, organization, or other entity may be | 16 |
| permitted to operate within the building construction field | 17 |
| unless that company, organization, or other entity is under the | 18 |
| direct supervision of a person who is licensed under this Act | 19 |
| and provided that the work conducted is within the scope of the | 20 |
| licensee's license and that the supervised entity is not | 21 |
| engaged in construction work that would require licensure in | 22 |
| any field or category in which the supervising licensee is not | 23 |
| licensed. | 24 |
| (c) An individual who is not licensed under this Act may | 25 |
| perform work within the building construction field under the |
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| supervision of a person who is licensed under this Act, | 2 |
| provided that the work performed is within the scope of the | 3 |
| licensee's license and that the supervised individual is not | 4 |
| engaged in construction work that would require licensure in | 5 |
| any field or category in which the supervising licensee is not | 6 |
| licensed.
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| Section 40. Social security number on license application. | 8 |
| In addition to any other information required to be contained | 9 |
| in the application, every application for an original, renewal, | 10 |
| or restored license under this Act shall include the | 11 |
| applicant's social security number. | 12 |
| Section 45. Criminal history records check. Each applicant | 13 |
| must submit to a fingerprint-based criminal
history records | 14 |
| check conducted by
the Department of State Police and the | 15 |
| Federal Bureau of
Investigation. The criminal history records | 16 |
| check shall be performed and the required fingerprints shall be | 17 |
| submitted in the form and manner prescribed by the Department
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| of State Police. The Department of State Police shall furnish,
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| pursuant to positive identification, any criminal history | 20 |
| records of an applicant to the Board. The Department of State | 21 |
| Police shall
charge the Department a fee for conducting the
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| criminal history records check,
which shall be deposited in the | 23 |
| State Police Services Fund and
shall not exceed the cost of the | 24 |
| inquiry. |
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| Section 50. Joint venture license. | 2 |
| (a) Upon the meeting of qualifications and the submission | 3 |
| of a fee determined by the Board, a joint venture license may | 4 |
| be issued to any combination of individuals, each of which | 5 |
| holds a current, active, residential building contractor or | 6 |
| specialty residential contractor license in good standing. A | 7 |
| joint venture license may be issued in any classification in | 8 |
| which at least one of the individuals is licensed. An active | 9 |
| joint venture license shall be automatically suspended by | 10 |
| operation of law during any period in which any member of the | 11 |
| joint venture does not hold a current, active license in good | 12 |
| standing issued under this Act. | 13 |
| (b) Two or more licensees, each of whom has been issued a | 14 |
| license to act separately in the capacity of a residential | 15 |
| building contractor or specialty residential contractor under | 16 |
| this Act, may not be awarded a contract jointly or otherwise | 17 |
| act as a residential building contractor or specialty | 18 |
| residential contractor without first having secured a joint | 19 |
| venture license in accordance with the provisions of this Act. | 20 |
| Prior to obtaining a joint venture license, however, | 21 |
| contractors licensed in accordance with this Act may jointly | 22 |
| bid for the performance of work covered by this Act. If a | 23 |
| combination of licensees submit a bid for the performance of | 24 |
| work for which a joint venture license is required, a failure | 25 |
| to obtain that license shall not prevent the imposition of any |
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| penalty specified by law for the failure of a residential | 2 |
| building contractor or a specialty residential contractor who | 3 |
| submits a bid to enter into a contract pursuant to the bid. | 4 |
| Section 55. Bond.
Before issuing or renewing a license, | 5 |
| the Board shall require each applicant or licensee to file and | 6 |
| maintain in force a surety bond, issued by an insurance company | 7 |
| authorized to transact fidelity and surety business in | 8 |
| Illinois. The bond shall be continuous in form, unless | 9 |
| terminated by the insurance company. An insurance company may | 10 |
| terminate a bond and avoid further liability by filing a 60-day | 11 |
| notice of termination with the Board and, at the same time, | 12 |
| sending the notice to the contractor. A license shall be | 13 |
| cancelled without hearing on the termination date of the | 14 |
| contractor's bond, unless a new bond is filed with the Board to | 15 |
| become effective at the termination date of the prior bond. If | 16 |
| a license has been cancelled without hearing under this | 17 |
| Section, the license shall be reinstated upon showing proof of | 18 |
| compliance with this Section. | 19 |
| Section 60. Licenses; renewal; restoration; person in | 20 |
| military service.
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| (a) A license issued under this Act shall expire 2 years | 22 |
| from the last day of the month in which it was issued. | 23 |
| (b) Failure to renew a license before its date of | 24 |
| expiration shall cause the license to be non-renewed, and it |
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| shall be unlawful thereafter for the holder of the expired | 2 |
| license to engage or offer to engage in a residential building | 3 |
| contracting or specialty residential contracting business | 4 |
| under the license unless and until the license is restored. | 5 |
| (c) Any person who has permitted a license to expire or who | 6 |
| has a license on inactive status may have it restored by | 7 |
| submitting an application to the Board and filing proof of | 8 |
| fitness, as defined by rule, to have the license restored and | 9 |
| by paying the required fee.
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| (d) Any person whose license expired while on active duty | 11 |
| with the armed forces of the United States, while called into | 12 |
| service or training with the State Militia, or while in | 13 |
| training or education under the supervision of the United | 14 |
| States government prior to induction into military service may | 15 |
| have his or her license restored without paying any renewal | 16 |
| fees if, within 2 years after the termination of such service, | 17 |
| training, or education, except under conditions other than | 18 |
| honorable, the Department is furnished with satisfactory | 19 |
| evidence that the person has been so engaged and that such | 20 |
| service, training, or education has been so terminated. | 21 |
| Section 65. Inactive status. A person who notifies the | 22 |
| Board in writing, on forms prescribed by the Board, may elect | 23 |
| to place his or her license on inactive status and shall, | 24 |
| subject to rule of the Board, be excused from payment of | 25 |
| renewal fees until he or she notifies the Board, in writing, of |
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| his or her desire to resume active status.
A person requesting | 2 |
| restoration from inactive status shall be required to pay the | 3 |
| current renewal fee and shall be required to restore his or her | 4 |
| license, pursuant to this Act.
Practice by an individual whose | 5 |
| license is on inactive status shall be considered to be | 6 |
| unlicensed practice as a residential building contractor or | 7 |
| specialty residential contractor and shall be grounds for | 8 |
| discipline under this Act.
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| Section 70. Licensure by endorsement.
The Board may grant | 10 |
| a license to an applicant holding a license or certificate in | 11 |
| good standing in another state whose requirements for licensure | 12 |
| or
certification are equal to or greater than those required by | 13 |
| this Act if the Board has authorized an exam waiver agreement | 14 |
| with that state. An applicant may be exempt from the technical | 15 |
| examination required for licensure if the applicant can verify | 16 |
| the successful completion of an examination in another state | 17 |
| that is essentially the same as the examination required by the | 18 |
| Board, regardless of the absence of a reciprocal agreement with | 19 |
| that state. An applicant for licensure under this Section may | 20 |
| be required to pass an examination on Illinois construction | 21 |
| codes and laws and must comply with all other licensing | 22 |
| requirements of this Act.
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| Section 75. Display and inclusion of license information. | 24 |
| (a) Any licensee under this Act who displays his or her |
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| company name or contact information on his or her motor vehicle | 2 |
| must also display on each side of that motor vehicle his or her | 3 |
| contractor license number in letters and numerals not less than | 4 |
| one and one-half inches high. | 5 |
| (b) All licensees under this Act must post pertinent | 6 |
| license information, as determined by the Board, at each | 7 |
| project site in a conspicuous location. This information must | 8 |
| be a minimum of 2 inches in height and must be placed on a | 9 |
| contrasting background.
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| (c) Every licensee under this Act must include his or her | 11 |
| contractor license number on all contracting business-related | 12 |
| correspondence, including without limitation solicitations, | 13 |
| literature, and contracts. | 14 |
| Section 80. Contracts. Any person licensed under this Act | 15 |
| shall include the following statement in at least 10-point type | 16 |
| on all written contracts with respect to which the person is | 17 |
| the prime residential building contractor or specialty | 18 |
| residential contractor: | 19 |
| "Residential building contractors and specialty | 20 |
| residential contractors are required by law to be licensed | 21 |
| and regulated by the Residential Building Contractors | 22 |
| Licensing Board, which has jurisdiction to investigate | 23 |
| complaints against residential building contractors and | 24 |
| specialty residential contractors if a complaint regarding | 25 |
| a patent act or omission is filed within 4 years after the |
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| date of the alleged violation. A complaint regarding a | 2 |
| latent act or omission pertaining to structural defects | 3 |
| must be filed within 10 years after the date of the alleged | 4 |
| violation. Any questions concerning a contractor may be | 5 |
| referred to the Residential Building Contractor Licensing | 6 |
| Board.". | 7 |
| (b) Any person licensed under this Act shall include the | 8 |
| following statement in at least 12-point type in all home | 9 |
| improvement contracts and service and repair contracts for work | 10 |
| covered by this Act: | 11 |
| "Information about the Residential Building Contractor | 12 |
| Licensing Board: The Residential Building Contractor | 13 |
| Licensing Board is the entity responsible for licensing and | 14 |
| regulating residential building contractors and specialty | 15 |
| residential contractors. | 16 |
| Contact the Residential Building Contractor Licensing | 17 |
| Board for information about the licensed residential | 18 |
| building contractor or specialty residential contractor | 19 |
| you are considering, including information about | 20 |
| disclosable complaints, disciplinary actions, and civil | 21 |
| judgments that are reported to the Residential Building | 22 |
| Contractor Licensing Board. | 23 |
| Use only licensed residential building contractors and | 24 |
| specialty residential contractors. If you file a complaint | 25 |
| against a licensed residential building contractor or | 26 |
| specialty residential contractor within the legal |
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| deadline, the Board has the authority to investigate the | 2 |
| complaint. If you use an unlicensed residential building | 3 |
| contractor or specialty residential contractor, the Board | 4 |
| may not be able to help you resolve your complaint. Your | 5 |
| only remedy may be in civil court, and you may be liable | 6 |
| for damages arising out of any injuries to the unlicensed | 7 |
| residential building contractor or specialty residential | 8 |
| contractor or the unlicensed residential building | 9 |
| contractor's or specialty residential contractor's | 10 |
| employees.". | 11 |
| Section 85. Public records; Board notification.
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| (a) Except for financial information, the information | 13 |
| required by the Department or the Board of any applicant for | 14 |
| licensure and any licensee under this Act shall be a public | 15 |
| record. | 16 |
| (b) If a licensee changes the name, address, or employment | 17 |
| from that which appears on the current license, the licensee | 18 |
| shall notify the Board of the change within 30 days after it | 19 |
| occurs. | 20 |
| (c) A licensee must notify the Board of any civil claim or | 21 |
| criminal charge pending against the licensee within a | 22 |
| reasonable amount of time after he or she receives formal | 23 |
| notification of the claim or charge, as determined by the | 24 |
| Board, and of the final disposition of each claim or charge | 25 |
| within 30 days after that disposition occurs. |
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| (d) All public records of the Department and the Board, | 2 |
| when duly certified by the
Secretary, shall be received as | 3 |
| prima facie evidence in any State administrative or judicial | 4 |
| proceeding. | 5 |
| Section 87. Internet website. The Department shall | 6 |
| establish and maintain an Internet website dedicated to the | 7 |
| provision of information to the public concerning licensed | 8 |
| residential building contractors and licensed specialty | 9 |
| residential contractors. The content of the website shall | 10 |
| include, without limitation each of the following: | 11 |
| (1) A description of any criminal conviction of a | 12 |
| licensee. For the purposes
of this item (1), a person shall | 13 |
| be deemed to be convicted of a
crime if he or she pled | 14 |
| guilty or if he or she was found or
adjudged guilty by a | 15 |
| court of competent jurisdiction.
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| (2) A description of any civil claim or criminal charge | 17 |
| pending or previously pending against a licensee. | 18 |
| (3) A description of any civil settlement or judgment | 19 |
| entered against a licensee. | 20 |
| (4) A description of any final disciplinary action
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| taken against a licensee by the Board. | 22 |
| Section 90. Building permit; reporting violations.
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| (a) A building official or other authority charged with | 24 |
| issuing building or other similar permits of a county, |
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| municipality, or subdivision of a county or municipality shall | 2 |
| refuse to issue a permit for an undertaking that would result | 3 |
| in the applicant acting as a residential building contractor or | 4 |
| a specialty residential contractor under this Act unless the | 5 |
| applicant has furnished evidence
that the applicant is either | 6 |
| licensed as required by this Act or exempt from the | 7 |
| requirements of this Act. A building official or other | 8 |
| authority charged with issuing building or other similar | 9 |
| permits shall report to the Board the name and address of any | 10 |
| individual or entity believed to have violated this Act by | 11 |
| bidding or contracting for work that is regulated under this | 12 |
| Act. | 13 |
| (b) The Board shall distribute posters to each building | 14 |
| permit office in the State, requesting that the posters be | 15 |
| placed in a conspicuous location to be read by applicants. | 16 |
| These posters shall state the following:
"The Residential | 17 |
| Building Contractor Licensing Act requires certain building | 18 |
| construction to be performed by licensed residential building | 19 |
| contractors or licensed specialty residential contractors. | 20 |
| Both the owner and the contractor are subject to penalties for | 21 |
| violations of the law.".
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| (c) Building construction contracting work covered by this | 23 |
| Act must be performed by properly licensed residential building | 24 |
| contractors or licensed specialty residential contractors. All | 25 |
| persons directly employed by the owner to perform work on a | 26 |
| project are subject to all applicable State and federal laws |
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| concerning occupational safety, family and medical leave, | 2 |
| workers' compensation, social security, income tax | 3 |
| withholding, and minimum wage requirements. Work performed | 4 |
| must comply with all applicable laws, ordinances, building | 5 |
| codes, and zoning regulations. | 6 |
| Section 95. Bankruptcy notification.
A licensee who, | 7 |
| voluntarily or involuntarily, is subjected to any provision of | 8 |
| the laws of bankruptcy shall notify the Board within 15 days | 9 |
| after subjection and provide any and all information pertinent | 10 |
| to the bankruptcy proceedings that the Board may require. | 11 |
| Section 100. Returned checks; fines.
Any person who | 12 |
| delivers a check or other payment to the Department pursuant to | 13 |
| this Act that is returned to the Department unpaid by the | 14 |
| financial institution upon which it is drawn shall pay to the | 15 |
| Department, in addition to the amount already owed to the | 16 |
| Department, a fine of $50. The fines imposed by this Section | 17 |
| are in addition to any other discipline provided for under this | 18 |
| Act for unlicensed practice or practice on a nonrenewed | 19 |
| license. The Department shall notify the person that payment of | 20 |
| fees and fines shall be paid to the Department by certified | 21 |
| check or money order within 30 calendar days after the | 22 |
| notification. If, after the expiration of 30 days from the date | 23 |
| of the notification, the person has failed to submit the | 24 |
| necessary remittance, the Department shall automatically |
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| terminate the license or deny the application, without hearing. | 2 |
| If, after termination or denial, the person seeks a license, he | 3 |
| or she shall apply to the Department for restoration or | 4 |
| issuance of the license and pay all of the application fees as | 5 |
| set by rule. The Department may establish a fee for the | 6 |
| processing of an application for restoration of a license to | 7 |
| pay all expenses of processing this application. The Secretary | 8 |
| may waive the fines due under this Section in individual cases | 9 |
| where the Secretary finds that the fines would be unreasonable | 10 |
| or unnecessarily
burdensome. | 11 |
| Section 105. Deposit of fees.
All fees and fines collected | 12 |
| under this Act shall be deposited into the General Professions | 13 |
| Dedicated Fund and shall be appropriated to the Department for | 14 |
| the purpose of administering and enforcing this Act.
| 15 |
| Section 110. Grounds for disciplinary action.
| 16 |
| (a) The Department may refuse to issue or to renew or may | 17 |
| revoke, suspend, place on probation, reprimand, or take other | 18 |
| disciplinary action as the Department may deem
proper, | 19 |
| including fines, which shall be non-dischargeable in | 20 |
| bankruptcy and may not exceed $5,000 for each violation, with | 21 |
| regard to any license or licensee for one or any combination of | 22 |
| the following causes: | 23 |
| (1) Violation of this Act or its rules. | 24 |
| (2) Conviction of any crime under the laws of any U.S. |
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| jurisdiction that is a felony, a misdemeanor an essential | 2 |
| element of which is dishonesty, or a crime that directly | 3 |
| relates to the practice of the profession. | 4 |
| (3) Making any misrepresentation for the purpose of | 5 |
| obtaining a license. | 6 |
| (4) Professional incompetence or gross negligence in | 7 |
| the practice of building contracting. | 8 |
| (5) Gross malpractice, prima facie evidence of which | 9 |
| may be a conviction or judgment of malpractice in any court | 10 |
| of competent jurisdiction. | 11 |
| (6) Aiding or assisting another person in violating any | 12 |
| provision of this Act or rules adopted under this Act.
| 13 |
| (7) Failing, within 60 days, to provide information in | 14 |
| response to a written request made by the Department that | 15 |
| has been sent by certified or registered mail to the | 16 |
| licensee's last known address.
| 17 |
| (8) Engaging in dishonorable, unethical, or | 18 |
| unprofessional conduct of a character likely to deceive, | 19 |
| defraud, or harm the public. | 20 |
| (9) Habitual or excessive use of or addiction to | 21 |
| alcohol, narcotics, stimulants, or
any other chemical | 22 |
| agent or drug that results in the inability to practice | 23 |
| with reasonable judgment, skill, or safety. | 24 |
| (10) Discipline by another U.S. jurisdiction or | 25 |
| foreign nation if at least one of the grounds for the | 26 |
| discipline is the same or substantially equivalent to those |
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| set forth
in this Section. | 2 |
| (11) Directly or indirectly giving to or receiving from | 3 |
| any person, firm, corporation, partnership, or association | 4 |
| any fee, commission, rebate, or other form of compensation | 5 |
| for any professional services not actually or personally | 6 |
| rendered. | 7 |
| (12) A finding by the Department that a licensee, after | 8 |
| having his or her license placed on probationary status, | 9 |
| has violated the terms of probation. | 10 |
| (13) Conviction by any court of competent | 11 |
| jurisdiction, either within or without this State, of any | 12 |
| violation of any law governing the practice of building | 13 |
| contracting if the Department determines, after | 14 |
| investigation, that such person has not been sufficiently | 15 |
| rehabilitated to warrant the public trust. | 16 |
| (14) A finding that licensure has been applied for or | 17 |
| obtained by fraudulent means. | 18 |
| (15) Practicing, attempting to practice, or | 19 |
| advertising under a name other than the full name as shown | 20 |
| on the license or any other legally authorized name. | 21 |
| (16) Gross and willful overcharging for professional | 22 |
| services, including filing false statements for collection | 23 |
| of fees or moneys for which services are not rendered.
| 24 |
| (17) Failure to file a tax return or to pay any final | 25 |
| assessment of tax, penalty, or interest, as required by any | 26 |
| tax Act administered by the Department of Revenue, until |
|
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| such time as the requirements of any such tax Act are | 2 |
| satisfied. | 3 |
| (18) Failure to continue to meet the requirements of | 4 |
| this Act. | 5 |
| (19) Physical or mental disability, including | 6 |
| deterioration through the aging
process or loss of | 7 |
| abilities and skills that result in an inability to | 8 |
| practice the profession with reasonable judgment, skill, | 9 |
| or safety. | 10 |
| (20) Material misstatement in furnishing information | 11 |
| to the Department or to any other State agency. | 12 |
| (21) Advertising in any manner that is false, | 13 |
| misleading, or deceptive. | 14 |
| (22) The determination by a court that a licensee is | 15 |
| subject to involuntary admission or judicial admission as | 16 |
| provided in the Mental Health and Developmental | 17 |
| Disabilities Code. Such determination shall result in an | 18 |
| automatic suspension of a licensee's license. The | 19 |
| suspension shall end upon a finding by a court that the | 20 |
| licensee is no longer subject to involuntary admission or | 21 |
| judicial admission, the issuance of an order so finding and | 22 |
| discharging the patient, and the recommendation of the | 23 |
| Board to the Secretary that the licensee be allowed to | 24 |
| resume practice within the profession. | 25 |
| (b) The Department shall deny any license or renewal under | 26 |
| this Act to any person who has defaulted on an educational loan |
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| guaranteed by the Illinois Student Assistance Commission; | 2 |
| however, the Department may issue a license or renewal if the | 3 |
| person in default has established a satisfactory repayment | 4 |
| record as determined by the Illinois Student Assistance | 5 |
| Commission. | 6 |
| Section 115. Disclosure of disciplinary action. A person | 7 |
| licensed under this Act who has had his or her license | 8 |
| suspended or revoked 2 or more times within an 8-year period | 9 |
| shall disclose either in capital letters in 10-point boldface | 10 |
| type or in contrasting red print in at least 8-point boldface | 11 |
| type, in a document provided prior to entering into a contract | 12 |
| to perform work on residential property with 4 or fewer units, | 13 |
| any disciplinary license suspension or license revocation | 14 |
| during the last 8 years resulting from any violation of this | 15 |
| Act by the contractor, whether or not the suspension or | 16 |
| revocation was stayed. | 17 |
| Section 120. Misrepresentation.
If any person suffers | 18 |
| costs or damages as a result of an individual providing a false | 19 |
| or invalid license number or otherwise misleading a person with | 20 |
| respect to licensure by the Board, the injured person may bring | 21 |
| suit in a court of competent jurisdiction to recover damages. | 22 |
| The court may award reasonable attorney's fees to the | 23 |
| prevailing party in an action.
|
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| Section 125. Unlicensed practice; civil penalty.
| 2 |
| (a) Any person who practices, attempts to practice, or | 3 |
| holds himself or herself out as a contractor without being | 4 |
| licensed under this Act shall, in
addition to any other penalty | 5 |
| provided by law, pay a civil penalty to the Department in an | 6 |
| amount not to exceed $5,000 for each offense, as determined by | 7 |
| the Department. The civil penalty shall be assessed by the | 8 |
| Department after a hearing is held in accordance with the | 9 |
| provisions set forth in this Act regarding the provision of a | 10 |
| hearing for the discipline of a licensee. Each day of violation | 11 |
| constitutes a separate offense. | 12 |
| (b) The Department has the authority and power to | 13 |
| investigate any and all unlicensed activity. | 14 |
| (c) The civil penalty assessed under this Section shall be | 15 |
| paid within 60 days after the effective date of the order | 16 |
| imposing the civil penalty. The order shall constitute a | 17 |
| judgment and may be filed and executed in the same manner as | 18 |
| any judgment from any court of record.
| 19 |
| Section 130. Enforcement; petition to court.
| 20 |
| (a) If any person violates the provisions of this Act, the | 21 |
| Secretary, through the Attorney General of Illinois or the | 22 |
| State's Attorney of any county in which a violation is alleged | 23 |
| to exist, may, in the name of the People of the State of | 24 |
| Illinois, petition for an order enjoining such violation or for | 25 |
| an order enforcing compliance with this Act. Upon the
filing of |
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| a verified petition in such court, the court may issue a | 2 |
| temporary restraining order, without notice or bond, and may | 3 |
| preliminarily and permanently enjoin such violation, and if it | 4 |
| is established that such person has violated or is violating | 5 |
| the injunction, the Court may punish the offender for contempt | 6 |
| of court. | 7 |
| (b) If any person practices as a licensee or holds himself | 8 |
| or herself out as a licensee without being licensed under the | 9 |
| provisions of this Act, then any person licensed under this | 10 |
| Act, any interested party, or any person injured thereby may, | 11 |
| in addition to those officers identified in subsection (a) of | 12 |
| this Section, petition for relief as provided in subsection (a) | 13 |
| of this Section. | 14 |
| (c) Whenever the Department has reason to believe that any | 15 |
| person has violated the licensing requirements of this Act by | 16 |
| practicing, offering to practice, attempting to practice, or | 17 |
| holding himself or herself out as a contractor without being | 18 |
| licensed under this Act, the Department may issue a rule to | 19 |
| show cause why an order to cease and desist should not be | 20 |
| entered against that person. The rule shall clearly set forth | 21 |
| the grounds relied upon by the Department and shall provide a | 22 |
| period of 7 days from the date of the rule to file an answer to | 23 |
| the satisfaction of the Department. Failure to answer to the | 24 |
| satisfaction of the Department shall cause an order to cease | 25 |
| and desist to be issued immediately. | 26 |
| (d) Proceedings under this Section shall be in addition to |
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| and not in lieu of all other remedies and penalties that may be | 2 |
| provided by law. | 3 |
| Section 135. Investigation; notice; default.
The | 4 |
| Department may investigate the actions of any applicant or any | 5 |
| person or persons holding or claiming to hold a license. The | 6 |
| Department shall, before suspending, revoking, placing on | 7 |
| probationary status, or taking any other disciplinary action | 8 |
| that the Department may deem proper with regard to any license, | 9 |
| at least 30 days prior to the date set for the hearing, notify | 10 |
| the accused, in writing, of any charges made and the time and | 11 |
| place for a hearing on the charges before the hearing officer, | 12 |
| direct the accused to file a written answer with the hearing | 13 |
| officer, under oath, within 30 days after the service to the | 14 |
| accused, and inform the accused that the accused's license may | 15 |
| be suspended, revoked, or placed on probationary status or
| 16 |
| other disciplinary action may be taken, including limiting the | 17 |
| scope, nature, or extent of the accused person's practice, as | 18 |
| the Department may deem proper. This written notice may be | 19 |
| served by personal delivery or certified or registered mail to | 20 |
| the accused. In case the person fails to file an answer after | 21 |
| receiving notice, that person's license may, in the discretion | 22 |
| of the Department, be suspended, revoked, or placed on | 23 |
| probationary status or the Department may take whatever | 24 |
| disciplinary action deemed proper, including limiting the | 25 |
| scope, nature, or extent of the person's practice or the |
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| imposition of a fine, without a hearing, if the act or acts | 2 |
| charged constitute sufficient grounds for such action under | 3 |
| this Act. At the time and place fixed in the notice, the | 4 |
| Department shall proceed to hear the charges, and the parties | 5 |
| or their counsel shall be accorded ample opportunity to present | 6 |
| such statements, testimony, evidence, and arguments as may be | 7 |
| pertinent to the charges or to their defense. The Department | 8 |
| may continue such hearing from time to time. At the discretion | 9 |
| of the Secretary, after having first received the | 10 |
| recommendation of the hearing officer, the accused person's | 11 |
| license may be suspended, revoked, or placed on probationary | 12 |
| status or other disciplinary action may be taken as the | 13 |
| Secretary may deem proper, including limiting the scope, | 14 |
| nature, or extent of the person's practice without a hearing, | 15 |
| if the act or acts charged constitute sufficient grounds for | 16 |
| such action under this Act. | 17 |
| Section 140. Stenographer; record of proceedings.
The | 18 |
| Department, at its expense, shall provide a stenographer to | 19 |
| take down the testimony and preserve a record of all | 20 |
| proceedings initiated pursuant to this Act, the rules for the | 21 |
| administration of this Act or any other Act or rules relating | 22 |
| to this Act, and proceedings for restoration of any license | 23 |
| issued under this Act. The notice of hearing, complaint, and | 24 |
| answer, all other documents in the nature of pleadings and | 25 |
| written
motions and responses filed in the proceedings, the |
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| transcript of the testimony, all exhibits admitted into | 2 |
| evidence, the report of the hearing officer, the Board's | 3 |
| findings of fact, conclusions of law, and recommendations to | 4 |
| the Secretary, and the order shall be the record of the | 5 |
| proceedings. The Department shall furnish a transcript of the | 6 |
| record to any person interested in the hearing upon payment of | 7 |
| the fee required under Section 2105-115 of the Department of | 8 |
| Professional Regulation Law (20 ILCS 2105/2105-115). | 9 |
| Section 145. Certification of record; costs.
The | 10 |
| Department shall not be required to certify any record to the | 11 |
| court, to file an answer in court, or to otherwise appear in | 12 |
| any court in a judicial review proceeding, unless there is | 13 |
| filed in the court, with the complaint, a receipt from the | 14 |
| Department acknowledging payment of the costs of furnishing and | 15 |
| certifying the record. Failure on the part of the plaintiff to | 16 |
| file the receipt in court is grounds for dismissal of the | 17 |
| action. | 18 |
| Section 150. Subpoenas; oaths. The Department has the | 19 |
| power to subpoena and bring before it any person in this State | 20 |
| to take testimony either orally or by deposition or both or to | 21 |
| subpoena documents, exhibits, or other materials with the same | 22 |
| fees and mileage and in the same manner as prescribed by law in | 23 |
| judicial proceedings in civil cases in circuit courts of this | 24 |
| State. |
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| The Secretary and any member of the Board have the power to | 2 |
| administer oaths to witnesses at any hearing that the | 3 |
| Department or Board is authorized by law to conduct. The | 4 |
| Secretary has the power to administer any other oaths required | 5 |
| or authorized to be administered by the Department under this | 6 |
| Act. | 7 |
| Section 155. Attendance of witnesses; production of | 8 |
| documents; contempt.
Any circuit court may, upon application | 9 |
| of the Department or its designee or of the applicant or | 10 |
| licensee against whom proceedings are pending, enter an order | 11 |
| requiring the attendance of witnesses and their testimony and | 12 |
| the production of documents, papers, files, books, and records | 13 |
| in connection with any hearing or investigation. The court may | 14 |
| compel obedience to its order by proceedings for contempt. | 15 |
| Section 160. Findings of facts, conclusions of law, and | 16 |
| recommendations; order.
Within 60 days after the Department's | 17 |
| receipt of the transcript of any hearing that is conducted | 18 |
| pursuant to this Act or the rules for its enforcement or any | 19 |
| other statute or rule requiring a hearing under this Act or the | 20 |
| rules for its enforcement or for any hearing related to | 21 |
| restoration of any license issued pursuant to this Act, the | 22 |
| hearing officer shall submit his or her written findings and | 23 |
| recommendations to the Board. The Board shall review the report | 24 |
| of the hearing officer and shall present its findings of fact, |
|
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|
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| conclusions of law, and recommendations to the Secretary by the | 2 |
| date of the Board's second meeting following the Board's | 3 |
| receipt of the hearing officer's report. | 4 |
| A copy of the findings of fact, conclusions of law, and | 5 |
| recommendations to the Secretary shall be served upon the | 6 |
| accused person, either personally or by registered or certified | 7 |
| mail. Within 20 days after service, the accused person may | 8 |
| present to the Department a written motion for a rehearing, | 9 |
| which shall state the particular grounds therefor. If the | 10 |
| accused person orders and pays for a transcript pursuant to | 11 |
| this Act, then the time elapsing thereafter and before the | 12 |
| transcript is ready for delivery to him or her shall not be | 13 |
| counted as part of the 20 days. | 14 |
| The Secretary shall issue an order based on the findings of | 15 |
| fact, conclusions of law, and recommendations to the Secretary. | 16 |
| If the Secretary disagrees in any regard with the findings | 17 |
| of fact, conclusions of law, and recommendations to the | 18 |
| Secretary, he or she may issue an order in contravention of the | 19 |
| findings of fact, conclusions of law, and recommendations to | 20 |
| the Secretary.
If the Secretary issues an order in | 21 |
| contravention of the findings of fact, conclusions of law, and | 22 |
| recommendations to the Secretary, the Secretary shall notify | 23 |
| the Board in writing with an explanation for any deviation from | 24 |
| the Board's findings of fact, conclusions of law, and | 25 |
| recommendations to the Secretary within 30 days after the | 26 |
| Secretary's entry of the order. |
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| Section 165. Temporary suspension. The Secretary may | 2 |
| temporarily suspend the license of a contractor without a | 3 |
| hearing, simultaneously with the institution of proceedings | 4 |
| for a hearing provided for in this Act, if the Secretary finds | 5 |
| that evidence in his or her possession indicates that | 6 |
| continuation in practice would constitute an imminent danger to | 7 |
| the public. In the event that the Secretary temporarily | 8 |
| suspends a license without a hearing, a hearing by the | 9 |
| Department shall be held within 30 days after such suspension | 10 |
| has occurred. | 11 |
| Section 170. Hearing officers.
The Secretary has the | 12 |
| authority to appoint any attorney duly licensed to practice law | 13 |
| in the State of Illinois to serve as the hearing officer for | 14 |
| any action for refusal to issue or renew a license, for | 15 |
| discipline of a licensee, for sanctions for unlicensed | 16 |
| practice, for restoration of a license, or for any other action | 17 |
| for which findings of fact, conclusions of law, and | 18 |
| recommendations are required pursuant to this Act. The hearing | 19 |
| officer shall have full authority to conduct the hearing and | 20 |
| shall issue his or her findings of fact and recommendations to | 21 |
| the Board pursuant to this Act. | 22 |
| Section 175. Review under Administrative Review Law.
All | 23 |
| final administrative decisions of the Department are subject to |
|
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| judicial review pursuant to the Administrative Review Law and | 2 |
| its rules. The term "administrative decision" is defined as in | 3 |
| Section 3-101 of the Code of Civil Procedure. | 4 |
| Section 180. Violations. Any person who is found to have | 5 |
| knowingly violated any provision of this Act is guilty of a | 6 |
| Class A misdemeanor. On conviction of a second or subsequent | 7 |
| offense, the violator is guilty of a Class 4 felony. | 8 |
| Section 185. Administrative Procedure Act.
The Illinois | 9 |
| Administrative Procedure Act is hereby expressly adopted and
| 10 |
| incorporated herein as if all of the provisions of that Act | 11 |
| were included in this Act, except
that the provision of | 12 |
| subsection (d) of Section 10-65 of the Illinois Administrative | 13 |
| Procedure Act that provides that, at hearings, the licensee has | 14 |
| the right to show compliance with all lawful requirements for | 15 |
| retention, continuation, or renewal of the license is | 16 |
| specifically excluded. For the purpose of this Act the notice | 17 |
| required under Section 10-25 of the Illinois Administrative | 18 |
| Procedure Act is deemed sufficient when mailed to the last | 19 |
| known address of a party.
| 20 |
| Section 997. Severability. The provisions of this Act are | 21 |
| severable under Section 1.31 of the Statute on Statutes. | 22 |
| Section 998. The Regulatory Sunset Act is amended by adding |
|
|
|
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| 1 |
| Section 4.28 as follows: | 2 |
| (5 ILCS 80/4.28 new)
| 3 |
| Sec. 4.28. Act repealed on January 1, 2018. The following | 4 |
| Act is repealed on January 1, 2018: | 5 |
| The Residential Building Contractor Licensing Act.
| 6 |
| Section 999. Effective date. This Act takes effect upon | 7 |
| becoming law.".
|
|