Full Text of HB2340 96th General Assembly
HB2340 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB2340
Introduced 2/19/2009, by Rep. Angelo Saviano SYNOPSIS AS INTRODUCED: |
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Amends the Structural Engineering Practice Act of 1989. Replaces "Director" with "Secretary". Replaces "Department of Professional Regulation" with "Department of Financial and Professional Regulation". Provides that whenever the Secretary is not satisfied that substantial justice has been done in an examination, the Secretary may order a reexamination by the same or other examiners. In a provision concerning the Board, changes total number of members to 7 (now, 6), requires that 6 members be Illinois licensed
structural engineers (now, 5), limits term of service to 10 years in a lifetime (now, 14 consecutive years), and provides that members may receive compensation as determined by the Secretary. Provides that a structural engineer applicant must pass an examination authorized by the Department as determined by rule to receive a license as a structural engineer (now, examination is conducted by the Department). Provides that the Department may take disciplinary action against any person that commits certain tax violations. Provides that the Department shall deny a license or renewal to a person that has defaulted on an education loan or scholarship provided or guaranteed by the State. Provides that the Department or Board, upon a showing of possible violation of the Act, may order a licensee or applicant to submit to a mental or physical examination, or both, at the expense of the Department. Provides that refusal by the licensee or applicant to submit to the examination when directed, without reasonable cause as defined by rule, shall be grounds for the immediate suspension of the license or denial of the application. Provides that any licensee suspended by the Department as a result of such mental or physical examination shall be entitled to a hearing within 15 days after the suspension. Provides that the Department and Board shall have the authority to review the licensee's record of treatment and counseling regarding the relevant impairment or impairments to the maximum extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records. Defines "address of record". Makes other changes. Effective immediately.
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A BILL FOR
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HB2340 |
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| AN ACT concerning professional regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Structural Engineering Practice Act of 1989 | 5 |
| is amended by changing Sections 4, 5, 6, 7, 8, 9, 10, 11, 14, | 6 |
| 18, 19, 20, 20.5, 21, 22, 23, 24, 26, 27, 28 and 31 as follows:
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| (225 ILCS 340/4) (from Ch. 111, par. 6604)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 4. In this Act:
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| (a) "Address of record" means the designated address | 11 |
| recorded by the Department in the applicant's or licensee's | 12 |
| application file or license file maintained by the Department's | 13 |
| licensure maintenance unit. It is the duty of the applicant or | 14 |
| licensee to inform the Department of any change of address, and | 15 |
| such changes must be made either through the Department's | 16 |
| website or by directly contacting the Department. | 17 |
| (b) (a) "Department" means the Department of Financial and | 18 |
| Professional Regulation.
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| (c) (b) "Secretary" "Director" means the Secretary | 20 |
| Director of the Department of Financial and Professional
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| Regulation.
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| (d) (c) "Board" means the Structural Engineering Board | 23 |
| appointed by the
Secretary Director .
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| (e) (d) "Negligence in the practice of structural | 2 |
| engineering" means the
failure to exercise that degree of | 3 |
| reasonable professional skill, judgment
and diligence normally | 4 |
| rendered by structural engineers in the
practice of structural | 5 |
| engineering.
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| (f) (e) "Structural engineer intern" means a person who is | 7 |
| a candidate for
licensure as a structural engineer and who has | 8 |
| been enrolled as a structural
engineer intern.
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| (g) (f) "Structural engineer" means a person licensed under | 10 |
| the laws of the
State of Illinois to practice structural | 11 |
| engineering.
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| (Source: P.A. 91-91, eff. 1-1-00.)
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| (225 ILCS 340/5) (from Ch. 111, par. 6605)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 5.
A person shall be regarded as practicing structural | 16 |
| engineering
within the meaning of this Act who is engaged in | 17 |
| the design, analysis, or supervision designing or
supervising | 18 |
| of the construction, enlargement or alteration of structures,
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| or any part thereof, for others, to be constructed by persons | 20 |
| other than
himself. Structures within the meaning of this Act | 21 |
| are all structures
having as essential features foundations, | 22 |
| columns, girders, trusses,
arches or and beams, with or without | 23 |
| other parts, and in which safe design and
construction require | 24 |
| that loads and stresses must be computed and the size
and | 25 |
| strength of parts determined by mathematical calculations |
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| based upon
scientific principles and engineering data. A person | 2 |
| shall also be regarded
as practicing structural engineering | 3 |
| within the meaning of this Act who is
engaged as a principal in | 4 |
| the design, analysis, or supervision designing and supervision | 5 |
| of the construction
of structures or of the structural part of | 6 |
| edifices designed solely for the
generation of electricity; or | 7 |
| for the hoisting, cleaning, sizing or storing
of coal, cement, | 8 |
| sand, grain, gravel or similar materials; elevators;
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| manufacturing plants; docks; bridges; blast furnaces; rolling | 10 |
| mills; gas
producers and reservoirs; smelters; dams; | 11 |
| reservoirs; waterworks; sanitary
works as applied to the | 12 |
| purification of water; plants for waste and sewage
disposal; | 13 |
| round houses for locomotives; railroad shops; pumping or power
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| stations for drainage districts; or power houses, even though | 15 |
| such
structures may come within the definition of "buildings" | 16 |
| as defined in any
Act in force in this State relating to the | 17 |
| regulation of the practice of
architecture.
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| (Source: P.A. 86-711.)
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| (225 ILCS 340/6) (from Ch. 111, par. 6606)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 6.
The Department of Financial and Professional | 22 |
| Regulation shall exercise the
following functions, powers and | 23 |
| duties subject to the provisions of this Act:
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| (1) To conduct Conduct examinations to ascertain the | 25 |
| qualifications and fitness of
applicants for licensure as |
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| licensed structural engineers, and pass upon the
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| qualifications and fitness of applicants for licensure by | 3 |
| endorsement.
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| (2) To prescribe Prescribe rules for a method of | 5 |
| examination of
candidates.
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| (3) To prescribe rules to establish what constitutes an | 7 |
| engineering or related science curriculum, to determine if | 8 |
| a specific curriculum qualifies as an engineering or | 9 |
| related science curriculum, and to terminate the | 10 |
| Department's approval of any curriculum as an engineering | 11 |
| or related science curriculum for non-compliance with such | 12 |
| rules. Prescribe rules defining what shall constitute a
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| school, college or university or department of a | 14 |
| university, or other
institution, reputable and in good | 15 |
| standing, and to determine the
reputability and good | 16 |
| standing of a school, college or other institution
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| reputable and in good standing by reference to a compliance | 18 |
| with such
rules; provided that no school, college or | 19 |
| university, or
department of a university or other | 20 |
| institution that refuses admittance to
applicants, solely | 21 |
| on account of race, color, creed, sex, religion,
physical | 22 |
| or mental handicap unrelated to ability, or national
origin | 23 |
| shall be considered reputable and in good standing.
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| (3.5) To register Register corporations, partnerships, | 25 |
| professional service
corporations, limited liability | 26 |
| companies, and sole proprietorships for the
practice of |
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| structural engineering and issue a license to those who | 2 |
| qualify.
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| (4) To investigate Investigate complaints, to conduct | 4 |
| oral interviews, disciplinary
conferences, and formal | 5 |
| evidentiary hearings on proceedings to refuse to
issue, | 6 |
| renew or restore, or to suspend or revoke a license, or to | 7 |
| place on
probation or reprimand a licensee for reasons set | 8 |
| forth in Section 20 of this
Act.
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| (5) To formulate Formulate rules necessary to carry out | 10 |
| the provisions of this Act.
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| (6) To maintain Maintain membership in a national | 12 |
| organization that provides an
acceptable structural | 13 |
| engineering examination and participate in activities of
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| the organization by designation of individuals for the | 15 |
| various classifications
of membership and the appointment | 16 |
| of delegates for attendance at regional and
national | 17 |
| meetings of the organization. All costs associated with | 18 |
| membership
and attendance of such delegates to any national | 19 |
| meetings may be funded from
the Design Professionals | 20 |
| Administration and Investigation Fund.
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| Prior to issuance of any final decision or order
that | 22 |
| deviates from any report or recommendation of the Board | 23 |
| relating to
the qualification of applicants, discipline of | 24 |
| licensees or registrants, or
promulgation of rules, the | 25 |
| Director shall notify the Board and the Secretary of
State in | 26 |
| writing with an explanation of any such deviation and provide a
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| reasonable time for the Board to submit written comments to the | 2 |
| Director
regarding the proposed action. In the event that the | 3 |
| Board fails or declines
to submit such written comments within | 4 |
| 30 days of said notification, the
Director may issue a final | 5 |
| decision or order consistent with the Director's
original | 6 |
| decision.
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| None of these functions, powers or duties shall be
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| exercised by the Department of Professional Regulation except | 9 |
| upon the
action and report in writing of the Board.
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| Whenever the Secretary is not satisfied that substantial | 11 |
| justice has been done in an examination, the Secretary may | 12 |
| order a reexamination by the same or other examiners. | 13 |
| (Source: P.A. 91-91, eff. 1-1-00.)
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| (225 ILCS 340/7) (from Ch. 111, par. 6607)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 7.
The Secretary Director shall appoint a Structural | 17 |
| Engineering Board ,
which shall consist of 7 6 members. Six Five | 18 |
| members shall be Illinois licensed
structural engineers, who | 19 |
| have been engaged in the practice of structural
engineering for | 20 |
| a minimum of 10 years, and one shall be a public member.
The | 21 |
| public member shall be a voting member and shall not hold a | 22 |
| license as
an architect, professional engineer, structural | 23 |
| engineer or land surveyor.
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| Members shall serve 5 year terms and until their successors | 25 |
| are appointed
and qualified.
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| In making the designation of persons to act, the Director | 2 |
| shall give due
consideration to recommendations by members of | 3 |
| the profession and by
organizations of the structural | 4 |
| engineering profession.
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| The membership of the Board should reasonably reflect | 6 |
| representation from
the geographic areas in this State.
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| No member shall be reappointed to the Board for a term | 8 |
| which would cause
his or her continuous service on the Board to | 9 |
| be longer than 10 14
successive
years in a lifetime .
Service | 10 |
| prior to the effective date of this Act shall not be considered | 11 |
| in
calculating length of service.
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| Appointments to fill vacancies shall be made in the same | 13 |
| manner as
original appointments, for the unexpired portion of | 14 |
| the vacated term.
Initial terms under this Act shall begin upon | 15 |
| the expiration of the terms
of Committee members appointed | 16 |
| under The Illinois Structural Engineering Act.
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| Persons holding office as members of the Board under
this | 18 |
| Act on the effective date of
this Act shall serve
as members of | 19 |
| the Board under this Act
until
the expiration of the term for | 20 |
| which they were appointed and until their
successors are | 21 |
| appointed and qualified under this Act.
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| A quorum of the Board shall consist of a majority of Board | 23 |
| members
appointed. A majority of the quorum is required for | 24 |
| Board decisions.
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| The Secretary Director may terminate the appointment of any | 26 |
| member for cause which
in the opinion of the Secretary Director |
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| reasonably justifies such termination,
which may include, but | 2 |
| is not limited to, a Board member who does not attend
2 | 3 |
| consecutive meetings.
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| Notice of proposed rulemaking shall be transmitted to the | 5 |
| Board and the
Department shall review the response of the Board | 6 |
| and any recommendations
made therein. The Department may, at | 7 |
| any time, seek the expert advice and
knowledge of the Board on | 8 |
| any matter relating to the administration or
enforcement of | 9 |
| this Act.
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| Members of the Board shall be immune from suit in any | 11 |
| action based upon
any disciplinary proceedings or other | 12 |
| activities performed in good faith as
members of the Board.
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| Each member of the Board may receive compensation as | 14 |
| determined by the Secretary Whenever the Director is not | 15 |
| satisfied that substantial justice has been
done in an | 16 |
| examination, the Director may order a reexamination by the same
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| or other examiners .
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| (Source: P.A. 91-91, eff. 1-1-00; 92-237, eff. 8-3-01.)
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| (225 ILCS 340/8) (from Ch. 111, par. 6608)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 8. The Board has the following powers and duties:
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| (a) The Board shall hold at least 3 regular meetings each | 23 |
| year;
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| (b) The Board shall annually elect a Chairperson and a Vice | 25 |
| Chairperson,
both of whom shall be Illinois licensed
structural |
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| engineers;
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| (c) The Board, upon request by the Department, may make a | 3 |
| curriculum
evaluation to determine if courses conform to | 4 |
| requirements of approved
engineering programs;
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| (d) The Department may at any time seek the expert advice | 6 |
| and knowledge of
the Board on any matter relating to the | 7 |
| enforcement of this Act;
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| (e) The Board may appoint a subcommittee to serve as a | 9 |
| Complaint Committee
to recommend the disposition of case files | 10 |
| according to procedures established
by rule;
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| (f) The Board shall assist the Department in conducting | 12 |
| oral interviews,
disciplinary conferences, informal | 13 |
| conferences, and formal evidentiary hearings;
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| (g) Upon request of the Department, the The Board shall | 15 |
| review applicant qualifications to sit for the
examination or | 16 |
| for licensure and shall make recommendations to the
Department, | 17 |
| and the Department shall review the Board's
recommendations on
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| applicant qualifications; and
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| (h) The Board shall submit written comments to the | 20 |
| Secretary Director within 30 days
from notification of any | 21 |
| final decision or order from the Secretary Director that
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| deviates from any report or recommendation of the Board | 23 |
| relating to the
qualification of applicants, discipline of | 24 |
| licensees or registrants, or
promulgation of rules.
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| (Source: P.A. 91-91, eff. 1-1-00.)
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| (225 ILCS 340/9) (from Ch. 111, par. 6609)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 9.
Applications for original licenses shall be made to | 4 |
| the
Department in writing on forms prescribed by the Department | 5 |
| and shall be
accompanied by the required fee, which is not | 6 |
| refundable. The application
shall require such information as | 7 |
| in the judgment of the Department will
enable the Department to | 8 |
| pass on the qualifications of the applicant for
a license.
The | 9 |
| Department may require an applicant, at the applicant's | 10 |
| expense, to have
an evaluation of the applicant's education in | 11 |
| a foreign county by a nationally
recognized evaluation service | 12 |
| educational body approved by the Department Board in accordance | 13 |
| with rules
prescribed by the Department.
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| An applicant who graduated from a structural engineering | 15 |
| program outside the
United States or its territories and whose | 16 |
| first language is not English shall
submit certification of | 17 |
| passage of the Test of English as a Foreign Language
(TOEFL) | 18 |
| and a test of spoken English the Test of Spoken English (TSE) | 19 |
| as defined by rule.
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| (Source: P.A. 91-91, eff. 1-1-00.)
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| (225 ILCS 340/10) (from Ch. 111, par. 6610)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 10.
The Department shall authorize examinations of | 24 |
| applicants as
structural engineers at such times and places as | 25 |
| it may determine. The
examination of applicants shall be of a |
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| character to give a fair test of
the qualifications of the | 2 |
| applicant to practice structural engineering.
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| Applicants for examination as structural engineers are | 4 |
| required to
pay, either to the Department or the designated | 5 |
| testing service, a fee
covering the cost of providing the | 6 |
| examination. Failure to appear for the
examination on the | 7 |
| scheduled date, at the time and place specified, after
the | 8 |
| applicant's application for examination has been received and
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| acknowledged by the Department or the designated testing | 10 |
| service, shall
result in the forfeiture of the examination fee.
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| If an applicant neglects, fails without an approved excuse | 12 |
| or refuses
to take the next available examination offered for | 13 |
| licensure under this
Act, the fee paid by the applicant shall | 14 |
| be forfeited to the Department and
the application denied. If | 15 |
| an applicant fails to pass an examination for a
licensure under | 16 |
| this Act within 3 years after filing the application,
the | 17 |
| application shall be denied. However, such applicant may | 18 |
| thereafter
make a new application for examination accompanied | 19 |
| by the required fee, and
must furnish proof of meeting the | 20 |
| qualifications for examination in effect
at the time of new | 21 |
| application.
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| (Source: P.A. 91-91, eff. 1-1-00.)
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| (225 ILCS 340/11) (from Ch. 111, par. 6611)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 11.
A person is qualified for enrollment as a
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| structural
engineer intern or licensure as a structural | 2 |
| engineer if that person has
applied in
writing in form and | 3 |
| substance
satisfactory to the Department and:
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| (a) The applicant is of good moral character. In | 5 |
| determining moral
character
under this Section, the Department | 6 |
| may take into consideration whether the
applicant has engaged | 7 |
| in conduct or actions that would constitute grounds for
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| discipline under this Act.
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| (a-5) The applicant, if a structural engineer intern | 10 |
| applicant, has met
the
minimum
standards for enrollment as a | 11 |
| structural engineer intern,
which are as follows:
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| (1) is a graduate of an approved
engineering curriculum | 13 |
| of at least 4 years
meeting the requirements as set forth | 14 |
| by rule and passes a nominal 8-hour
written examination in | 15 |
| the fundamentals of engineering; or
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| (2) is a graduate of
a related science curriculum of at | 17 |
| least 4 years meeting the requirements as
set forth by rule | 18 |
| and passes a nominal 8-hour written examination in the
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| fundamentals of engineering.
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| (b) The applicant, if a structural engineer applicant, has | 21 |
| met the minimum
standards for
licensure as a structural | 22 |
| engineer, which are as follows:
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| (1) is
a graduate of an approved engineering curriculum | 24 |
| of at least 4 years meeting
the requirements as set forth | 25 |
| by rule and submits
evidence acceptable to the Department | 26 |
| of an additional 4 years or more of
experience in |
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| structural engineering work of a grade and character which
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| indicates that the individual may be competent to practice | 3 |
| structural
engineering as set forth by rule; or
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| (2) is a graduate of an approved
related science | 5 |
| curriculum of at least
4
years meeting the requirements as | 6 |
| set forth by rule who submits
evidence acceptable to the | 7 |
| Department of an additional 8 years or more of
progressive | 8 |
| experience in structural engineering work of a grade and
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| character which indicates that the individual may be | 10 |
| competent to practice
structural engineering as set forth | 11 |
| by rule.
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| (c) The applicant, if a structural engineer applicant, has | 13 |
| passed an
examination authorized conducted by the Department as | 14 |
| determined by rule
to
determine his or her fitness to receive a | 15 |
| license as a structural engineer Structural Engineer .
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| (Source: P.A. 91-91, eff. 1-1-00.)
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| (225 ILCS 340/14) (from Ch. 111, par. 6614)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 14.
The expiration date and renewal period for each | 20 |
| license
issued under this Act shall be set by rule. The holder | 21 |
| of a license
may renew the license during the month preceding | 22 |
| its
expiration date by paying the required fee.
Beginning | 23 |
| January 1, 1996, the holder of a license may renew the license
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| during the month preceding its expiration by paying the | 25 |
| required fee and
submitting satisfactory evidence of knowledge |
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| in seismic design.
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| A licensed structural engineer who has permitted his | 3 |
| license
to expire or who placed his license on inactive status
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| may have his license restored by making application to
the | 5 |
| Department and filing proof acceptable to the Department of | 6 |
| fitness
to have the license restored, including sworn evidence
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| certifying to active practice in another jurisdiction | 8 |
| satisfactory to the
Department and by submitting evidence of | 9 |
| knowledge in seismic design and by paying the required | 10 |
| restoration fee.
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| If the licensed structural engineer has not maintained an | 12 |
| active practice
in another jurisdiction satisfactory to the | 13 |
| Department, the Board shall
determine, by an evaluation program | 14 |
| established by rule, that person's
fitness to resume active | 15 |
| status and may require the licensed structural
engineer to | 16 |
| complete an examination.
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| Any licensed structural engineer whose license has been | 18 |
| expired
for more than 5 years may have his license restored by | 19 |
| making application
to the Department and filing proof | 20 |
| acceptable to the Department
of fitness to have the license | 21 |
| restored, including sworn evidence
certifying to active | 22 |
| practice in another jurisdiction and by paying the
required | 23 |
| restoration fee.
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| However, any licensed structural engineer whose license
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| has expired while such engineer was engaged (1) in federal
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| service on active duty with the Army of the United States, the |
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| United
States Navy, the Marine Corps, the Air Force, the Coast | 2 |
| Guard, or the
State Militia called into the service or training | 3 |
| of the United States
of America, or (2) in training or | 4 |
| education under the supervision of the
United States | 5 |
| preliminary to induction into the military service, may
have | 6 |
| his license restored or reinstated without paying any lapsed | 7 |
| renewal fees,
reinstatement fee or restoration fee or passing | 8 |
| any examination, if within 2
years after termination of such | 9 |
| service, training or education other than by
dishonorable | 10 |
| discharge such person furnishes the Department with an | 11 |
| affidavit
to the effect that he has been so engaged and that | 12 |
| the service, training or
education has been so terminated.
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| (Source: P.A. 86-711; 87-1237.)
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| (225 ILCS 340/18) (from Ch. 111, par. 6618)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 18.
A roster showing the names and addresses of all
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| structural engineers licensed under this Act shall be prepared | 18 |
| by the
Department each year . This roster shall be available | 19 |
| upon written request
and payment of the required fee.
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| (Source: P.A. 86-711.)
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| (225 ILCS 340/19) (from Ch. 111, par. 6619)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 19. Professional design firm registration; | 24 |
| conditions.
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| (a) Nothing in this Act prohibits the formation, under the | 2 |
| provisions of the
Professional Service Corporation Act, as | 3 |
| amended, of a corporation to practice
structural engineering.
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| Any business, including a Professional Service | 5 |
| Corporation, that
includes within its stated purposes, | 6 |
| practices, or holds itself out as
available to practice, | 7 |
| structural engineering, shall be registered with
the | 8 |
| Department pursuant to the provisions of this Section.
| 9 |
| Any sole proprietorship not owned and operated by an | 10 |
| Illinois licensed
design professional licensed under this Act | 11 |
| shall be prohibited from
offering structural engineering | 12 |
| services to the public. "Illinois licensed
design | 13 |
| professional" means a person who holds an active license as a | 14 |
| structural
engineer under this Act, as an architect under the | 15 |
| Illinois
Architecture Practice Act of 1989, or as a | 16 |
| professional engineer under the
Professional Engineering | 17 |
| Practice Act of 1989.
Any sole proprietorship owned and | 18 |
| operated by a structural engineer with an
active license issued | 19 |
| under this Act and conducting or transacting such
business | 20 |
| under an assumed name in accordance with the provisions of the | 21 |
| Assumed
Business Name Act shall comply with the registration | 22 |
| requirements of a
professional design firm.
Any sole | 23 |
| proprietorship owned
and operated by a structural engineer with | 24 |
| an active license issued under this
Act and conducting or | 25 |
| transacting such business under the real name of the
sole | 26 |
| proprietor is exempt from the registration requirements of a
|
|
|
|
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LRB096 08534 ASK 18655 b |
|
| 1 |
| professional design
firm.
| 2 |
| Any partnership which includes within its purpose, | 3 |
| practices, or
holds itself out as available to practice | 4 |
| structural engineering,
shall register with the Department | 5 |
| pursuant to the provisions set forth
in this Section.
| 6 |
| (b) Any professional design firm seeking to be registered | 7 |
| under the
provisions of this Section shall not be registered | 8 |
| unless at least one a managing agent in
charge of structural | 9 |
| engineering activities in this State is designated by the
| 10 |
| professional design firm. A designated managing agent must at | 11 |
| all times maintain a valid,
active license to practice | 12 |
| structural engineering in Illinois.
| 13 |
| No individual whose license to practice structural | 14 |
| engineering in this
State is currently in a suspended or | 15 |
| revoked status shall act as a managing
agent for a professional | 16 |
| design firm.
| 17 |
| (c) No business shall practice or hold itself out as | 18 |
| available to practice
structural engineering until it is | 19 |
| registered with the Department.
| 20 |
| (d) Any business seeking to be registered under this | 21 |
| Section shall apply for
a certificate of registration on a form | 22 |
| provided by the Department and shall
provide such information | 23 |
| as requested by the Department, which shall include
but shall | 24 |
| not be limited to:
| 25 |
| (1) the name and license number of the person | 26 |
| designated as the
managing agent in responsible charge of |
|
|
|
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LRB096 08534 ASK 18655 b |
|
| 1 |
| the practice of structural
engineering in Illinois. In the | 2 |
| case of a corporation, the corporation
shall also submit a | 3 |
| certified copy of the resolution by the board of directors
| 4 |
| designating the managing agent. In the case of a limited | 5 |
| liability company,
the company shall submit a certified | 6 |
| copy of either its articles of
organization or operating | 7 |
| agreement designating the managing agent;
| 8 |
| (2) the names and license numbers of the directors, in | 9 |
| the case of a
corporation, the members, in the case of a | 10 |
| limited liability company, or
general partners, in the case | 11 |
| of a partnership;
| 12 |
| (3) a list of all locations at which the professional | 13 |
| design firm
provides structural engineering services to | 14 |
| the public; and
| 15 |
| (4) A list of all assumed names of the business. | 16 |
| Nothing in this
Section shall be construed to exempt a | 17 |
| professional design firm, sole
proprietorship, or | 18 |
| professional service corporation from compliance with the
| 19 |
| requirements of the Assumed Business Name Act.
| 20 |
| It shall be the responsibility of the professional design | 21 |
| firm to provide
the Department notice, in writing, of any | 22 |
| changes in the information
requested on the application.
| 23 |
| (e) In the event a managing agent is terminated or | 24 |
| terminates his status
as managing agent of the professional | 25 |
| design firm, such managing agent and professional design firm | 26 |
| shall notify the Department of this fact in writing, by
|
|
|
|
HB2340 |
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LRB096 08534 ASK 18655 b |
|
| 1 |
| certified mail, within 10 business days of such termination.
| 2 |
| Thereafter, the professional design firm, if it has so | 3 |
| informed the
Department, shall have 30 days in which to notify | 4 |
| the Department
of the name and registration number of a newly | 5 |
| designated managing agent. If a
corporation, the corporation | 6 |
| shall also submit a certified copy of a resolution
by the board | 7 |
| of directors designating the new managing agent. If a limited
| 8 |
| liability company, the company shall also submit a certified | 9 |
| copy of either its
articles of organization or operating | 10 |
| agreement designating the new managing
agent. The Department | 11 |
| may, upon good cause shown, extend the original 30 day
period.
| 12 |
| If the professional design firm fails to notify the | 13 |
| Department in writing
by certified mail within the specified | 14 |
| time, the registration shall be
terminated without prior | 15 |
| hearing. Notification of termination shall be sent to the | 16 |
| address of record by
certified mail to the last known address | 17 |
| of the business . If the professional
design firm continues to | 18 |
| operate and offer structural engineering services
after the | 19 |
| termination, the Department may seek prosecution under | 20 |
| Sections 20,
34, and 34a of this Act for the unlicensed | 21 |
| practice of structural engineering.
| 22 |
| (f) No professional design firm shall be relieved of | 23 |
| responsibility for the
conduct or acts of its agents, | 24 |
| employees, members, managers, or officers by
reason of its | 25 |
| compliance with this Section, nor shall any individual | 26 |
| practicing
structural engineering be relieved of the |
|
|
|
HB2340 |
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LRB096 08534 ASK 18655 b |
|
| 1 |
| responsibility for professional
services performed by reason | 2 |
| of the individual's employment or relationship
with a | 3 |
| professional design firm registered under this Section.
| 4 |
| (g) Disciplinary action against a professional design firm | 5 |
| registered
under this Section shall be administered in the same | 6 |
| manner and on the same
grounds as disciplinary action against a | 7 |
| licensed structural engineer.
All disciplinary action taken or | 8 |
| pending against a corporation or
partnership before the | 9 |
| effective date of this amendatory Act of 1993 shall be
| 10 |
| continued or remain in effect without the Department filing | 11 |
| separate actions.
| 12 |
| It is unlawful for any person to practice, or to attempt to | 13 |
| practice,
structural engineering, without being licensed under | 14 |
| this Act. It is unlawful
for any business not subject to the | 15 |
| sole proprietorship exemption to offer or
provide structural | 16 |
| engineering services without active registration issued by
the | 17 |
| Department as a professional design firm or professional | 18 |
| service
corporation.
| 19 |
| (Source: P.A. 91-91, eff. 1-1-00.)
| 20 |
| (225 ILCS 340/20) (from Ch. 111, par. 6620)
| 21 |
| (Section scheduled to be repealed on January 1, 2010)
| 22 |
| Sec. 20. Refusal; revocation; suspension. | 23 |
| (a) The Department may refuse to issue or renew, or may | 24 |
| revoke a license, or may suspend, place on probation, fine, or | 25 |
| take any disciplinary or non-disciplinary action as the |
|
|
|
HB2340 |
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LRB096 08534 ASK 18655 b |
|
| 1 |
| Department may deem proper, including a fine not to exceed | 2 |
| $10,000 for each violation, with regard to any licensee for any | 3 |
| one or combination of the following reasons: The Department | 4 |
| may, singularly or in combination, refuse to
issue, renew, or | 5 |
| restore, or may
suspend or revoke any license or certificate of | 6 |
| registration, or may place on
probation, reprimand, or fine, | 7 |
| with a civil penalty not to exceed $10,000 for
each violation, | 8 |
| any person, corporation, partnership, or professional design
| 9 |
| firm registered or licensed under this Act for any of the | 10 |
| following reasons:
| 11 |
| (1) Material misstatement in furnishing information to | 12 |
| the Department;
| 13 |
| (2) Negligence, incompetence or misconduct in the | 14 |
| practice of
structural engineering;
| 15 |
| (3) Making any misrepresentation for the purpose of | 16 |
| obtaining licensure;
| 17 |
| (4) The affixing of a licensed structural engineer's | 18 |
| seal to any plans,
specifications or drawings which have | 19 |
| not been prepared by or under the
immediate personal | 20 |
| supervision of that licensed structural engineer or
| 21 |
| reviewed as provided in this Act;
| 22 |
| (5) Conviction of, or entry of a plea of guilty or nolo | 23 |
| contendere to, any crime that is a felony under federal law | 24 |
| or the law of any state or U.S. territory, or a misdemeanor | 25 |
| of which an essential element is dishonesty, or which is | 26 |
| directly related to the practice of the profession. |
|
|
|
HB2340 |
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LRB096 08534 ASK 18655 b |
|
| 1 |
| Conviction of any crime under the laws of the United | 2 |
| States, or any
state or territory thereof, which is a | 3 |
| felony, whether related to the
practice of Structural | 4 |
| Engineering or not, or conviction of any crime,
whether a | 5 |
| felony, misdemeanor, or otherwise, an essential element of | 6 |
| which
is dishonesty, or which is directly related to the | 7 |
| practice of structural
engineering ;
| 8 |
| (6) Making a statement of compliance pursuant to the | 9 |
| Environmental
Barriers Act, as now or hereafter amended, | 10 |
| that a plan for construction or
alteration of a public | 11 |
| facility or for construction of a multi-story
housing unit | 12 |
| is in compliance with the Environmental Barriers Act when | 13 |
| such
plan is not in compliance;
| 14 |
| (7) Failure to comply with any of the provisions of | 15 |
| this Act or its rules;
| 16 |
| (8) Aiding or assisting another person in violating any | 17 |
| provision of
this Act or its rules;
| 18 |
| (9) Engaging in dishonorable, unethical or | 19 |
| unprofessional conduct of a
character likely to deceive, | 20 |
| defraud or harm the public, as defined by
rule;
| 21 |
| (10) Habitual or excessive use or addiction to alcohol, | 22 |
| narcotics, stimulants, or any other chemical agent or drug | 23 |
| that results in the inability to practice with reasonable | 24 |
| judgment, skill, or safety Habitual intoxication or | 25 |
| addiction to the use of drugs ;
| 26 |
| (11) Failure of A finding by the Board that an |
|
|
|
HB2340 |
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LRB096 08534 ASK 18655 b |
|
| 1 |
| applicant or licensee has failed
to pay
a fine imposed by | 2 |
| the Department or a licensee whose license has been
placed | 3 |
| on probationary status has violated the terms of probation;
| 4 |
| (12) Discipline by another state, territory, foreign | 5 |
| country, the
District of Columbia, the United States | 6 |
| government, or any other
governmental agency, if at least | 7 |
| one of the grounds for discipline is the
same or | 8 |
| substantially equivalent to those set forth in this | 9 |
| Section;
| 10 |
| (13) Failure to provide information in response to a | 11 |
| written request
made by the Department within 30 days after | 12 |
| the receipt of such written
request;
| 13 |
| (14) Physical illness, which results in the inability | 14 |
| to practice the
profession of structural engineering with | 15 |
| reasonable judgment, skill or
safety; or
| 16 |
| (15) Failure to file a return, to pay the tax, penalty, | 17 |
| or interest shown in a filed return, or to pay any final | 18 |
| assessment of tax, penalty, or interest as required by any | 19 |
| tax Act administered by the Department of Revenue, until | 20 |
| such time as the requirements of the tax Act are satisfied | 21 |
| in accordance with subsection (g) of Section 15 of the | 22 |
| Department of Professional Regulation Law of the Civil | 23 |
| Administrative Code of Illinois (20 ILCS 2105/2105-15). | 24 |
| (a-5) In enforcing this Section, the Department or Board, | 25 |
| upon a showing of a possible violation, may order a licensee or | 26 |
| applicant to submit to a mental or physical examination, or |
|
|
|
HB2340 |
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LRB096 08534 ASK 18655 b |
|
| 1 |
| both, at the expense of the Department. The Department or Board | 2 |
| may order the examining physician to present testimony | 3 |
| concerning his or her examination of the licensee or applicant. | 4 |
| No information shall be excluded by reason of any common law or | 5 |
| statutory privilege relating to communications between the | 6 |
| licensee or applicant and the examining physician. The | 7 |
| examining physicians shall be specifically designated by the | 8 |
| Board or Department. The licensee or applicant may have, at his | 9 |
| or her own expense, another physician of his or her choice | 10 |
| present during all aspects of the examination. Failure of a | 11 |
| licensee or applicant to submit to any such examination when | 12 |
| directed, without reasonable cause as defined by rule, shall be | 13 |
| grounds for either the immediate suspension of his or her | 14 |
| license or immediate denial of his or her application. | 15 |
| If the Secretary immediately suspends the license of a | 16 |
| licensee for his or her failure to submit to a mental or | 17 |
| physical examination when directed, a hearing must be convened | 18 |
| by the Department within 15 days after the suspension and | 19 |
| completed without appreciable delay. | 20 |
| If the Secretary otherwise suspends a license pursuant to | 21 |
| the results of the licensee's mental or physical examination, a | 22 |
| hearing must be convened by the Department within 15 days after | 23 |
| the suspension and completed without appreciable delay. The | 24 |
| Department and Board shall have the authority to review the | 25 |
| licensee's record of treatment and counseling regarding the | 26 |
| relevant impairment or impairments to the extent permitted by |
|
|
|
HB2340 |
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LRB096 08534 ASK 18655 b |
|
| 1 |
| applicable federal statutes and regulations safeguarding the | 2 |
| confidentiality of medical records. | 3 |
| Any licensee suspended under this subsection (a-5) shall be | 4 |
| afforded an opportunity to demonstrate to the Department or | 5 |
| Board that he or she can resume practice in compliance with the | 6 |
| acceptable and prevailing standards under the provisions of his | 7 |
| or her license. In enforcing this Section, the Board upon a | 8 |
| showing of a possible
violation may compel a person licensed to | 9 |
| practice under this Act, or who has
applied for licensure or | 10 |
| certification pursuant to this Act, to submit to a
mental or | 11 |
| physical examination, or both, as required by and at the | 12 |
| expense of
the Department. The examining physicians shall be | 13 |
| those specifically
designated by the Board. The Board or the | 14 |
| Department may order the examining
physician to present | 15 |
| testimony concerning this mental or physical examination
of the | 16 |
| licensee or applicant. No information shall be excluded by | 17 |
| reason of
any common law or statutory privilege relating to | 18 |
| communications between the
licensee or applicant and the | 19 |
| examining physician. The person to be examined
may have, at his | 20 |
| or her own expense, another physician of his or her choice
| 21 |
| present during all aspects of the examination. Failure of any | 22 |
| person to submit
to a mental or physical examination, when | 23 |
| directed, shall be grounds for
suspension of a license until | 24 |
| the person submits to the examination if the
Board
finds, after | 25 |
| notice and hearing, that the refusal to submit to the | 26 |
| examination
was without reasonable cause.
|
|
|
|
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LRB096 08534 ASK 18655 b |
|
| 1 |
| If the Board finds a person unable to practice because of | 2 |
| the reasons set
forth in this Section, the Board may require | 3 |
| that person to submit to care,
counseling, or treatment by | 4 |
| physicians approved or designated by the Board as
a condition, | 5 |
| term, or restriction for continued, reinstated, or renewed
| 6 |
| licensure to practice; or, in lieu of care, counseling, or | 7 |
| treatment, the Board
may recommend to the Department to file a | 8 |
| complaint to immediately suspend,
revoke, or otherwise | 9 |
| discipline the license of the person. Any person whose
license | 10 |
| was granted, continued, reinstated, renewed, disciplined, or | 11 |
| supervised
subject to such terms, conditions, or restrictions | 12 |
| and who fails to comply
with such terms, conditions, or | 13 |
| restrictions shall be referred to the Director
for a | 14 |
| determination as to whether the person shall have his or her | 15 |
| license
suspended immediately, pending a hearing by the Board.
| 16 |
| (b) The determination by a circuit court that a licensee is | 17 |
| subject to
involuntary admission or judicial admission, as | 18 |
| provided in the Mental
Health and Developmental Disabilities | 19 |
| Code, operates as an automatic
suspension. Such suspension will | 20 |
| end only upon a finding by a court that
the patient is no | 21 |
| longer subject to involuntary admission or judicial
admission, | 22 |
| the issuance of an order so finding and discharging the | 23 |
| patient,
and the recommendation of the Board to the Director | 24 |
| that
the licensee be allowed to resume practice.
| 25 |
| (c) The Department shall deny a license or renewal | 26 |
| authorized by this Act to a person who has defaulted on an |
|
|
|
HB2340 |
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LRB096 08534 ASK 18655 b |
|
| 1 |
| educational loan or scholarship provided or guaranteed by the | 2 |
| Illinois Student Assistance Commission or any governmental | 3 |
| agency of this State in accordance with subdivision (a)(5) of | 4 |
| Section 15 of the Department of Professional Regulation Law of | 5 |
| the Civil Administrative Code of Illinois (20 ILCS | 6 |
| 2105/2105-15). In cases where the Department of Healthcare and | 7 |
| Family Services (formerly the Department of Public Aid) has | 8 |
| previously determined that a licensee or a potential licensee | 9 |
| is more than 30 days delinquent in the payment of child support | 10 |
| and has subsequently certified the delinquency to the | 11 |
| Department, the Department may refuse to issue or renew or may | 12 |
| revoke or suspend that person's license or may take other | 13 |
| disciplinary action against that person based solely upon the | 14 |
| certification of delinquency made by the Department of | 15 |
| Healthcare and Family Services in accordance with subdivision | 16 |
| (a)(5) of Section 15 of the Department of Professional | 17 |
| Regulation Law of the Civil Administrative Code of Illinois (20 | 18 |
| ILCS 2105/2105-15). | 19 |
| The Department may refuse to issue, or may suspend, the | 20 |
| license of any
person who fails to file a return, or to pay the | 21 |
| tax, penalty or interest
shown in a filed return, or to pay any | 22 |
| final assessment of tax, penalty or
interest, as required by | 23 |
| any tax Act administered by the Illinois
Department of Revenue, | 24 |
| until such time as the requirements of such tax Act
are | 25 |
| satisfied.
| 26 |
| Persons who assist the Department as consultants or expert |
|
|
|
HB2340 |
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LRB096 08534 ASK 18655 b |
|
| 1 |
| witnesses in
the investigation or prosecution of alleged | 2 |
| violations of the Act,
licensure matters, restoration | 3 |
| proceedings, or criminal prosecutions, are
not liable for | 4 |
| damages in any civil action or proceeding as a result of
such | 5 |
| assistance, except upon proof of actual malice. The Attorney | 6 |
| General
of the State of Illinois shall defend such persons in | 7 |
| any such action or
proceeding.
| 8 |
| (Source: P.A. 91-91, eff. 1-1-00.)
| 9 |
| (225 ILCS 340/20.5)
| 10 |
| (Section scheduled to be repealed on January 1, 2010)
| 11 |
| Sec. 20.5. Unlicensed practice; violation; civil penalty.
| 12 |
| (a) Any person who practices, offers to practice, attempts | 13 |
| to practice, or
holds oneself out to practice structural | 14 |
| engineering without being licensed
under this Act shall, in
| 15 |
| addition to any other penalty provided by law, pay a civil | 16 |
| penalty to the
Department in an amount not to exceed $10,000 | 17 |
| $5,000 for each offense as determined by
the Department. The | 18 |
| civil penalty shall be assessed by the Department after a
| 19 |
| 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.
| 22 |
| (b) The Department has the authority and power to | 23 |
| investigate any and all
unlicensed activity.
| 24 |
| (c) The civil penalty shall be paid within 60 days after | 25 |
| the effective date
of the order imposing the civil penalty. The |
|
|
|
HB2340 |
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LRB096 08534 ASK 18655 b |
|
| 1 |
| order shall constitute a judgment
and may be filed and | 2 |
| execution had thereon in the same manner as any judgment
from | 3 |
| any court of record.
| 4 |
| (Source: P.A. 89-474, eff. 6-18-96.)
| 5 |
| (225 ILCS 340/21) (from Ch. 111, par. 6621)
| 6 |
| (Section scheduled to be repealed on January 1, 2010)
| 7 |
| Sec. 21.
(a) If any person violates a provision of this | 8 |
| Act, the
Secretary Director may, in the name of the People of | 9 |
| the State of Illinois, through
the Attorney General of the | 10 |
| State of Illinois, petition for an order
enjoining such | 11 |
| violation or for an order enforcing compliance with this
Act. | 12 |
| Upon the filing of a verified petition in such court, the court | 13 |
| may
issue a temporary restraining order, without notice or | 14 |
| bond, and may
preliminarily and permanently enjoin such | 15 |
| violation. If it is established
that such person has violated | 16 |
| or is violating the injunction, the Court may
punish the | 17 |
| offender for contempt of court. Proceedings under this Section
| 18 |
| are in addition to, and not in lieu of, all other remedies and | 19 |
| penalties
provided by this Act.
| 20 |
| (b) If any person practices as a licensed structural | 21 |
| engineer or holds
himself out as a structural engineer without | 22 |
| being licensed under the
provisions of this Act, then any | 23 |
| licensed structural engineer, any
interested party or any | 24 |
| person injured thereby may, in addition to the
Director, | 25 |
| petition for relief as provided in subsection (a) of this |
|
|
|
HB2340 |
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LRB096 08534 ASK 18655 b |
|
| 1 |
| Section.
| 2 |
| (c) Whenever in the opinion of the Department any 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 | 7 |
| provide a period of 7 days from the date of the rule to file an
| 8 |
| answer to the satisfaction of the Department. Failure to answer | 9 |
| to the
satisfaction of the Department shall cause an order to | 10 |
| cease and desist to
be issued immediately.
| 11 |
| (Source: P.A. 86-711.)
| 12 |
| (225 ILCS 340/22) (from Ch. 111, par. 6622)
| 13 |
| (Section scheduled to be repealed on January 1, 2010)
| 14 |
| Sec. 22. Investigation; notice. The Department may | 15 |
| investigate the actions
of any applicant or any person or | 16 |
| entity holding or claiming to hold a license
or registration or | 17 |
| any person or entity practicing, or offering to practice
| 18 |
| structural engineering. Before the initiation of an | 19 |
| investigation the matter
shall be reviewed by a subcommittee of | 20 |
| the Board according to procedures
established by rule for the | 21 |
| Complaint Committee. The Department shall, before
refusing to | 22 |
| issue, restore or renew a license or registration, or | 23 |
| discipline a
licensee or registrant, at least 30 days prior to | 24 |
| the date set for the
hearing, notify in writing the applicant | 25 |
| for, or holder of, a license or
registration of the nature of |
|
|
|
HB2340 |
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LRB096 08534 ASK 18655 b |
|
| 1 |
| the charges and that a hearing will be held on
the date | 2 |
| designated. The Department shall direct the applicant or | 3 |
| licensee or
registrant or entity to file a written answer to | 4 |
| the Board under oath within 20
days after the service of the | 5 |
| notice and inform the applicant or licensee or
registrant or | 6 |
| entity that failure to file an answer will result in default
| 7 |
| being taken against the applicant or entity or licensee or | 8 |
| registrant and that
the license or certificate may be | 9 |
| suspended, revoked, placed on probationary
status, or other | 10 |
| disciplinary action may be taken, including limiting the
scope, | 11 |
| nature or extent of practice, as the Director may deem proper. | 12 |
| Written
notice may be served by personal delivery or certified | 13 |
| or registered mail to
the respondent at the address of record | 14 |
| his last notification to the Department .
In case the person or | 15 |
| entity fails to file an answer after receiving notice,
his or | 16 |
| her license or certificate may, in the discretion of the | 17 |
| Department, be
suspended, revoked, or placed on probationary | 18 |
| status, or the Department may
take whatever disciplinary action | 19 |
| deemed proper, including limiting the
scope, nature, or extent | 20 |
| of the practice or the imposition of a fine, without a
hearing, | 21 |
| if the act or acts charged constitute sufficient grounds for | 22 |
| such
action under this Act. At the time and place fixed in the | 23 |
| notice,
the Board shall proceed to hear the charges and the | 24 |
| parties or their
counsel shall be accorded ample opportunity to | 25 |
| present such statements,
testimony, evidence and argument as | 26 |
| may be pertinent to the charges or
their defense. The Board may |
|
|
|
HB2340 |
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LRB096 08534 ASK 18655 b |
|
| 1 |
| continue a hearing from time to time.
| 2 |
| (Source: P.A. 87-1031; 88-428.)
| 3 |
| (225 ILCS 340/23) (from Ch. 111, par. 6623)
| 4 |
| (Section scheduled to be repealed on January 1, 2010)
| 5 |
| Sec. 23. Record; transcript. The Department, at its | 6 |
| expense, shall
preserve a record of
all proceedings at the | 7 |
| formal hearing of any case involving the refusal to
issue, | 8 |
| restore or renew a license or the discipline of a licensee . The
| 9 |
| notice of hearing, complaint and all other documents in the | 10 |
| nature of
pleadings and written motions filed in the | 11 |
| proceedings, the transcript of
testimony, the report of the | 12 |
| Board and the orders of the Department shall
be the record of | 13 |
| the proceedings. The Department shall furnish a
transcript of | 14 |
| the record to any person interested in the hearing
upon
payment | 15 |
| of the fee required under Section 2105-115 of the
Department of | 16 |
| Professional Regulation Law (20 ILCS 2105/2105-115).
| 17 |
| (Source: P.A. 91-239, eff. 1-1-00.)
| 18 |
| (225 ILCS 340/24) (from Ch. 111, par. 6624)
| 19 |
| (Section scheduled to be repealed on January 1, 2010)
| 20 |
| Sec. 24. Subpoenas; depositions; oaths. The Department has | 21 |
| the power to subpoena documents, books, records or other | 22 |
| materials and to bring before it any person and to take | 23 |
| testimony either orally or by deposition, or both, with the | 24 |
| same fees and mileage and in the same manner as is prescribed |
|
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| in civil cases in the courts of this State. The Department has | 2 |
| power to subpoena and bring
before it any person in this State | 3 |
| and to take testimony either orally
or by deposition, or both, | 4 |
| with the same fees and mileage and in the
same manner as | 5 |
| prescribed by law in judicial proceedings
in civil cases in | 6 |
| circuit courts of this State.
| 7 |
| The Secretary, the designated hearing officer Director , | 8 |
| and any member of the Board designated by the Director
shall | 9 |
| each have the power to administer oaths to witnesses at any | 10 |
| hearing which
the Department is authorized by law to conduct, | 11 |
| and any other oaths
required or authorized in any Act | 12 |
| administered by the Department.
| 13 |
| (Source: P.A. 86-711.)
| 14 |
| (225 ILCS 340/26) (from Ch. 111, par. 6626)
| 15 |
| (Section scheduled to be repealed on January 1, 2010)
| 16 |
| Sec. 26. At the conclusion of the hearing, the The Board | 17 |
| shall present to the Secretary Director its written report
of | 18 |
| its findings and recommendations. A copy of the report shall be | 19 |
| served
upon the accused person, either personally or to the | 20 |
| address of record by certified or registered mail.
The Board | 21 |
| may take into consideration in making its recommendations for
| 22 |
| discipline all facts and circumstances bearing upon the | 23 |
| reasonableness of
the conduct of the respondent and the | 24 |
| potential for future harm to the
public, including but not | 25 |
| limited to previous discipline by the Department,
intent, |
|
|
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| degree of harm to the public and likelihood of harm in the | 2 |
| future,
any restitution made, and whether the incident or | 3 |
| incidents complained of
appear to be isolated or a pattern of | 4 |
| conduct. In making its
recommendations for discipline, the | 5 |
| Board shall endeavor to ensure that the
severity of the | 6 |
| discipline recommended bears some reasonable relationship
to | 7 |
| the severity of the violation. Within 20
days after such | 8 |
| service, the accused person may present to the Department
a | 9 |
| motion in writing for a rehearing, which shall specify
the | 10 |
| particular grounds for rehearing. If the accused person orders | 11 |
| and pays
for a transcript of the record as provided in this | 12 |
| Section, the time
elapsing after payment and before the | 13 |
| transcript is ready for delivery
shall not be counted as part | 14 |
| of such 20 days. If no motion for rehearing
is filed, then upon | 15 |
| the expiration of the time specified for filing the
motion, or | 16 |
| if a motion for rehearing is denied, then upon such denial, the
| 17 |
| Secretary Director may enter an order in accordance with | 18 |
| recommendations of the Board
except as provided in Section 8 of | 19 |
| this Act .
| 20 |
| Whenever the Secretary Director is not satisfied that | 21 |
| substantial justice has been
done, he may order a rehearing by | 22 |
| the same or another special board.
At the expiration of the | 23 |
| time specified for filing a motion for a
rehearing, the | 24 |
| Secretary Director has the right to take the action recommended
| 25 |
| by the Board. Upon the suspension or revocation of his license, | 26 |
| a
licensee shall be required to surrender his license to the |
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| Department, and
upon his failure or refusal to do so, the | 2 |
| Department shall have the right
to seize the same.
| 3 |
| (Source: P.A. 86-711.)
| 4 |
| (225 ILCS 340/27) (from Ch. 111, par. 6627)
| 5 |
| (Section scheduled to be repealed on January 1, 2010)
| 6 |
| Sec. 27.
Notwithstanding the provisions of Section 26 of | 7 |
| this Act,
the Secretary Director shall have the authority to | 8 |
| appoint any attorney duly licensed
to practice law in the State | 9 |
| of Illinois to serve as the hearing officer in
any action for | 10 |
| discipline of a licensee. The Director shall notify the
Board | 11 |
| of any such appointment. The hearing officer has full
authority | 12 |
| to conduct the hearing. The Board has the right to have
at | 13 |
| least one member present at any hearing conducted by such | 14 |
| hearing
officer. The hearing officer shall report his findings | 15 |
| of fact,
conclusions of law and recommendations to the Board | 16 |
| and the Secretary Director . The
Board shall have 60 days from | 17 |
| receipt of the report to review the report of
the hearing | 18 |
| officer and present their findings of fact, conclusions of law
| 19 |
| and recommendations to the Director. If the Board fails to | 20 |
| present its
report within the 60 day period, the Secretary | 21 |
| Director shall issue an order based
on the report of the | 22 |
| hearing officer. If the Secretary Director disagrees in any
| 23 |
| regard with the report of the Board or hearing officer, he may | 24 |
| issue an
order in contravention thereof. The Secretary Director | 25 |
| shall notify provide a written
explanation to the Board on any |
|
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| such deviation , and shall specify with
particularity the | 2 |
| reasons for such action in the final order .
| 3 |
| (Source: P.A. 86-711.)
| 4 |
| (225 ILCS 340/28) (from Ch. 111, par. 6628)
| 5 |
| (Section scheduled to be repealed on January 1, 2010)
| 6 |
| Sec. 28. Order or certified copy; prima facie proof. An | 7 |
| order or a
certified copy thereof, over the seal of the | 8 |
| Department and purporting to be
signed by the Secretary | 9 |
| Director , shall be prima facie proof that:
| 10 |
| 1. the signature is the genuine signature of the
| 11 |
| Director;
| 12 |
| 2. the Secretary Director is duly appointed and | 13 |
| qualified;
and
| 14 |
| 3. the Board and the members thereof are qualified to | 15 |
| act.
| 16 |
| Such proof may be rebutted.
| 17 |
| (Source: P.A. 91-357, eff. 7-29-99.)
| 18 |
| (225 ILCS 340/31) (from Ch. 111, par. 6631)
| 19 |
| (Section scheduled to be repealed on January 1, 2010)
| 20 |
| Sec. 31.
The Secretary Director may temporarily suspend the | 21 |
| license of a
structural engineer without a hearing, | 22 |
| simultaneously with the institution
of proceedings for a | 23 |
| hearing provided for in Section 22 of this Act, if
the | 24 |
| Secretary Director finds that evidence in his possession |
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| indicates that a
structural engineer's continuation in | 2 |
| practice would constitute an imminent
danger to the public. In | 3 |
| the event that the Secretary Director temporarily suspends
the | 4 |
| license of a structural engineer without a hearing, a
hearing | 5 |
| by the Board must be commenced within 30 days after such
| 6 |
| suspension has occurred.
| 7 |
| (Source: P.A. 86-711.)
| 8 |
| (225 ILCS 340/13 rep.)
| 9 |
| Section 10. The Structural Engineering Practice Act of 1989 | 10 |
| is amended by repealing Section 13.
| 11 |
| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.
|
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|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 225 ILCS 340/4 |
from Ch. 111, par. 6604 |
| 4 |
| 225 ILCS 340/5 |
from Ch. 111, par. 6605 |
| 5 |
| 225 ILCS 340/6 |
from Ch. 111, par. 6606 |
| 6 |
| 225 ILCS 340/7 |
from Ch. 111, par. 6607 |
| 7 |
| 225 ILCS 340/8 |
from Ch. 111, par. 6608 |
| 8 |
| 225 ILCS 340/9 |
from Ch. 111, par. 6609 |
| 9 |
| 225 ILCS 340/10 |
from Ch. 111, par. 6610 |
| 10 |
| 225 ILCS 340/11 |
from Ch. 111, par. 6611 |
| 11 |
| 225 ILCS 340/14 |
from Ch. 111, par. 6614 |
| 12 |
| 225 ILCS 340/18 |
from Ch. 111, par. 6618 |
| 13 |
| 225 ILCS 340/19 |
from Ch. 111, par. 6619 |
| 14 |
| 225 ILCS 340/20 |
from Ch. 111, par. 6620 |
| 15 |
| 225 ILCS 340/20.5 |
|
| 16 |
| 225 ILCS 340/21 |
from Ch. 111, par. 6621 |
| 17 |
| 225 ILCS 340/22 |
from Ch. 111, par. 6622 |
| 18 |
| 225 ILCS 340/23 |
from Ch. 111, par. 6623 |
| 19 |
| 225 ILCS 340/24 |
from Ch. 111, par. 6624 |
| 20 |
| 225 ILCS 340/26 |
from Ch. 111, par. 6626 |
| 21 |
| 225 ILCS 340/27 |
from Ch. 111, par. 6627 |
| 22 |
| 225 ILCS 340/28 |
from Ch. 111, par. 6628 |
| 23 |
| 225 ILCS 340/31 |
from Ch. 111, par. 6631 |
| 24 |
| 225 ILCS 340/13 rep. |
|
| |
|