Illinois General Assembly - Full Text of HB1424
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Full Text of HB1424  99th General Assembly

HB1424ham001 99TH GENERAL ASSEMBLY

Rep. Robert Rita

Filed: 3/23/2015

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1424

2    AMENDMENT NO. ______. Amend House Bill 1424 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Sections 4.26 and 4.36 as follows:
 
6    (5 ILCS 80/4.26)
7    Sec. 4.26. Acts repealed on January 1, 2016. The following
8Acts are repealed on January 1, 2016:
9    The Illinois Athletic Trainers Practice Act.
10    The Illinois Roofing Industry Licensing Act.
11    The Illinois Dental Practice Act.
12    The Collection Agency Act.
13    The Barber, Cosmetology, Esthetics, Hair Braiding, and
14Nail Technology Act of 1985.
15    The Respiratory Care Practice Act.
16    The Hearing Instrument Consumer Protection Act.

 

 

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1    The Illinois Physical Therapy Act.
2    The Professional Geologist Licensing Act.
3(Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08;
496-1246, eff. 1-1-11.)
 
5    (5 ILCS 80/4.36 new)
6    Sec. 4.36. Act repealed on January 1, 2026. The following
7Act is repealed on January 1, 2026:
8    The Barber, Cosmetology, Esthetics, Hair Braiding, and
9Nail Technology Act of 1985.
 
10    Section 10. The Barber, Cosmetology, Esthetics, Hair
11Braiding, and Nail Technology Act of 1985 is amended by
12changing Sections 1-4, 1-6, 1-7, 1-10, 1-11, 2-2, 2-3, 2-4,
132-7, 2-9, 3-2, 3-3, 3-4, 3-6, 3-7, 3A-6, 3B-2, 3B-10, 3B-11,
143B-12, 3B-13, 3C-8, 3D-5, 3E-5, 4-2, 4-5, 4-7, 4-9, 4-10, 4-13,
154-14, 4-15, 4-16, and 4-17 and by adding Sections 1-6.5, 1-12,
162-10, 2-11, 3-9, 3-10, 3A-8, 3B-17, 3B-18, 3C-10, 3E-7, 4-18.5,
17and 4-25 as follows:
 
18    (225 ILCS 410/1-4)
19    (Section scheduled to be repealed on January 1, 2016)
20    Sec. 1-4. Definitions. In this Act the following words
21shall have the following meanings:
22    "Address of record" means the designated address recorded
23by the Department in the applicant's application file or the

 

 

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1licensee's license file, as maintained by the Department's
2licensure maintenance unit.
3    "Board" means the Barber, Cosmetology, Esthetics, Hair
4Braiding, and Nail Technology Board.
5    "Department" means the Department of Financial and
6Professional Regulation.
7    "Licensed barber" means an individual licensed by the
8Department to practice barbering as defined in this Act and
9whose license is in good standing.
10    "Licensed cosmetologist" means an individual licensed by
11the Department to practice cosmetology, nail technology, hair
12braiding, and esthetics as defined in this Act and whose
13license is in good standing.
14    "Licensed esthetician" means an individual licensed by the
15Department to practice esthetics as defined in this Act and
16whose license is in good standing.
17    "Licensed nail technician" means an any individual
18licensed by the Department to practice nail technology as
19defined in this Act and whose license is in good standing.
20    "Licensed barber teacher" means an individual licensed by
21the Department to practice barbering as defined in this Act and
22to provide instruction in the theory and practice of barbering
23to students in an approved barber school.
24    "Licensed cosmetology teacher" means an individual
25licensed by the Department to practice cosmetology, esthetics,
26hair braiding, and nail technology as defined in this Act and

 

 

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1to provide instruction in the theory and practice of
2cosmetology, esthetics, hair braiding, and nail technology to
3students in an approved cosmetology, esthetics, hair braiding,
4or nail technology school.
5    "Licensed cosmetology clinic teacher" means an individual
6licensed by the Department to practice cosmetology, esthetics,
7hair braiding, and nail technology as defined in this Act and
8to provide clinical instruction in the practice of cosmetology,
9esthetics, hair braiding, and nail technology in an approved
10school of cosmetology, esthetics, hair braiding, or nail
11technology.
12    "Licensed esthetics teacher" means an individual licensed
13by the Department to practice esthetics as defined in this Act
14and to provide instruction in the theory and practice of
15esthetics to students in an approved cosmetology or esthetics
16school.
17    "Licensed hair braider" means an any individual licensed by
18the Department to practice hair braiding as defined in this Act
19Section 3E-1 and whose license is in good standing.
20    "Licensed hair braiding teacher" means an individual
21licensed by the Department to practice hair braiding and to
22provide instruction in the theory and practice of hair braiding
23to students in an approved cosmetology or hair braiding school.
24    "Licensed nail technology teacher" means an individual
25licensed by the Department to practice nail technology and to
26provide instruction in the theory and practice of nail

 

 

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1technology to students in an approved nail technology school or
2cosmetology school.
3    "Enrollment" is the date upon which the student signs an
4enrollment agreement or student contract.
5    "Enrollment agreement" or "student contract" is any
6agreement, instrument, or contract however named, which
7creates or evidences an obligation binding a student to
8purchase a course of instruction from a school.
9    "Enrollment time" means the maximum number of hours a
10student could have attended class, whether or not the student
11did in fact attend all those hours.
12    "Elapsed enrollment time" means the enrollment time
13elapsed between the actual starting date and the date of the
14student's last day of physical attendance in the school.
15    "Mobile shop or salon" means a self-contained facility that
16may be moved, towed, or transported from one location to
17another and in which barbering, cosmetology, esthetics, hair
18braiding, or nail technology is practiced.
19    "Secretary" means the Secretary of the Department of
20Financial and Professional Regulation.
21    "Threading" means any technique that results in the removal
22of superfluous hair from the body by twisting thread around
23unwanted hair and then pulling it from the skin; and may also
24include the incidental trimming of eyebrow hair.
25(Source: P.A. 97-333, eff. 8-12-11; 97-777, eff. 7-13-12;
2698-238, eff. 1-1-14; 98-911, eff. 1-1-15.)
 

 

 

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1    (225 ILCS 410/1-6)  (from Ch. 111, par. 1701-6)
2    (Section scheduled to be repealed on January 1, 2016)
3    Sec. 1-6. Administrative Procedure Act. The Illinois
4Administrative Procedure Act is hereby expressly adopted and
5incorporated herein as if all of the provisions of that Act
6were included in this Act, except that the provision of
7subsection (d) of Section 10-65 of the Illinois Administrative
8Procedure Act that provides that at hearings the licensee has
9the right to show compliance with all lawful requirements for
10retention, continuation or renewal of the license is
11specifically excluded. For the purpose of this Act the notice
12required under Section 10-25 of the Administrative Procedure
13Act is deemed sufficient when mailed to the address of record,
14or, if not an applicant or licensee, to the last known address
15of a party.
16(Source: P.A. 88-45.)
 
17    (225 ILCS 410/1-6.5 new)
18    Sec. 1-6.5. Address of record. It is the duty of the
19applicant or licensee to inform the Department of any change of
20address within 14 days after such change either through the
21Department's website or by contacting the Department's
22licensure maintenance unit.
 
23    (225 ILCS 410/1-7)  (from Ch. 111, par. 1701-7)

 

 

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1    (Section scheduled to be repealed on January 1, 2016)
2    Sec. 1-7. Licensure required; renewal; restoration.
3    (a) It is unlawful for any person to practice, or to hold
4himself or herself out to be a cosmetologist, esthetician, nail
5technician, hair braider, or barber without a license as a
6cosmetologist, esthetician, nail technician, hair braider or
7barber issued by the Department of Financial and Professional
8Regulation pursuant to the provisions of this Act and of the
9Civil Administrative Code of Illinois. It is also unlawful for
10any person, firm, partnership, limited liability company, or
11corporation to own, operate, or conduct a cosmetology,
12esthetics, nail technology, hair braiding salon, or barber
13school without a license issued by the Department or to own or
14operate a cosmetology, esthetics, nail technology, or hair
15braiding salon, or barber shop, or other business subject to
16the registration requirements of this Act without a certificate
17of registration issued by the Department. It is further
18unlawful for any person to teach in any cosmetology, esthetics,
19nail technology, hair braiding, or barber college or school
20approved by the Department or hold himself or herself out as a
21cosmetology, esthetics, hair braiding, nail technology, or
22barber teacher without a license as a teacher, issued by the
23Department or as a cosmetology clinic teacher without a license
24as a cosmetology clinic teacher issued by the Department.
25    (b) Notwithstanding any other provision of this Act, a
26person licensed as a cosmetologist may hold himself or herself

 

 

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1out as an esthetician and may engage in the practice of
2esthetics, as defined in this Act, without being licensed as an
3esthetician. A person licensed as a cosmetology teacher may
4teach esthetics or hold himself or herself out as an esthetics
5teacher without being licensed as an esthetics teacher. A
6person licensed as a cosmetologist may hold himself or herself
7out as a nail technician and may engage in the practice of nail
8technology, as defined in this Act, without being licensed as a
9nail technician. A person licensed as a cosmetology teacher may
10teach nail technology and hold himself or herself out as a nail
11technology teacher without being licensed as a nail technology
12teacher. A person licensed as a cosmetologist may hold himself
13or herself out as a hair braider and may engage in the practice
14of hair braiding, as defined in this Act, without being
15licensed as a hair braider. A person licensed as a cosmetology
16teacher may teach hair braiding and hold himself or herself out
17as a hair braiding teacher without being licensed as a hair
18braiding teacher.
19    (c) A person licensed as a barber teacher may hold himself
20or herself out as a barber and may practice barbering without a
21license as a barber. A person licensed as a cosmetology teacher
22may hold himself or herself out as a cosmetologist,
23esthetician, hair braider, and nail technologist and may
24practice cosmetology, esthetics, hair braiding, and nail
25technology without a license as a cosmetologist, esthetician,
26hair braider, or nail technologist. A person licensed as an

 

 

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1esthetics teacher may hold himself or herself out as an
2esthetician without being licensed as an esthetician and may
3practice esthetics. A person licensed as a nail technician
4teacher may practice nail technology and may hold himself or
5herself out as a nail technologist without being licensed as a
6nail technologist. A person licensed as a hair braiding teacher
7may practice hair braiding and may hold himself or herself out
8as a hair braider without being licensed as a hair braider.
9    (d) The holder of a license issued under this Act may renew
10that license during the month preceding the expiration date of
11the license by paying the required fee.
12    (e) The expiration date, renewal period, and conditions for
13renewal and restoration of each license shall be established by
14rule.
15    (f) A license issued under the provisions of this Act as a
16barber, barber teacher, cosmetologist, cosmetology teacher,
17cosmetology clinic teacher, esthetician, esthetics teacher,
18nail technician, nail technician teacher, hair braider, or hair
19braiding teacher that has expired while the holder of the
20license was engaged (1) in federal service on active duty with
21the Army, Navy, Marine Corps, Air Force, or Coast Guard of the
22United States of America, or any Women's Auxiliary thereof, or
23the State Militia called into the service or training of the
24United States of America or (2) in training or education under
25the supervision of the United States preliminary to induction
26into the military service, may be reinstated or restored

 

 

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1without payment of any lapsed renewal fees, reinstatement fee,
2or restoration fee if within 2 years after the termination of
3such service, training, or education other than by dishonorable
4discharge, the holder furnishes the Department with an
5affidavit to the effect that he or she has been so engaged and
6that his or her service, training, or education has been so
7terminated.
8(Source: P.A. 98-911, eff. 1-1-15.)
 
9    (225 ILCS 410/1-10)  (from Ch. 111, par. 1701-10)
10    (Section scheduled to be repealed on January 1, 2016)
11    Sec. 1-10. Display. Every holder of a license shall display
12it in a place in the holder's principal office, place of
13business or place of employment. Whenever a licensed
14cosmetologist, esthetician, nail technician, hair braider, or
15barber practices cosmetology, esthetics, nail technology, hair
16braiding, or barbering outside of or away from the
17cosmetologist's, esthetician's, nail technician's, hair
18braider's, or barber's principal office, place of business, or
19place of employment, the cosmetologist, esthetician, nail
20technician, hair braider, or barber shall provide any person so
21requesting proof that he or she has a valid license issued
22deliver to each person served a certificate of identification
23in a form specified by the Department.
24    Every registered shop shall display its certificate of
25registration at the location of the shop. Each shop where

 

 

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1barber, cosmetology, esthetics, hair braiding, or nail
2technology services are provided shall have a certificate of
3registration.
4(Source: P.A. 96-1246, eff. 1-1-11.)
 
5    (225 ILCS 410/1-11)  (from Ch. 111, par. 1701-11)
6    (Section scheduled to be repealed on January 1, 2016)
7    Sec. 1-11. Exceptions to Act.
8    (a) Nothing in this Act shall be construed to apply to the
9educational activities conducted in connection with any
10monthly, annual or other special educational program of any
11bona fide association of licensed cosmetologists,
12estheticians, nail technicians, hair braiders, or barbers, or
13licensed cosmetology, esthetics, nail technology, hair
14braiding, or barber schools from which the general public is
15excluded.
16    (b) Nothing in this Act shall be construed to apply to the
17activities and services of registered nurses or licensed
18practical nurses, as defined in the Nurse Practice Act, or to
19personal care or health care services provided by individuals
20in the performance of their duties as employed or authorized by
21facilities or programs licensed or certified by State agencies.
22As used in this subsection (b), "personal care" means
23assistance with meals, dressing, movement, bathing, or other
24personal needs or maintenance or general supervision and
25oversight of the physical and mental well-being of an

 

 

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1individual who is incapable of maintaining a private,
2independent residence or who is incapable of managing his or
3her person whether or not a guardian has been appointed for
4that individual. The definition of "personal care" as used in
5this subsection (b) shall not otherwise be construed to negate
6the requirements of this Act or its rules.
7    (c) Nothing in this Act shall be deemed to require
8licensure of individuals employed by the motion picture, film,
9television, stage play or related industry for the purpose of
10providing cosmetology or esthetics services to actors of that
11industry while engaged in the practice of cosmetology or
12esthetics as a part of that person's employment.
13    (d) Nothing in this Act shall be deemed to require
14licensure of an inmate of the Department of Corrections who
15performs barbering or cosmetology with the approval of the
16Department of Corrections during the person's incarceration.
17(Source: P.A. 95-639, eff. 10-5-07; 96-1246, eff. 1-1-11.)
 
18    (225 ILCS 410/1-12 new)
19    Sec. 1-12. Licensure by endorsement. The Department may,
20without examination, grant a license under this Act to an
21applicant who is licensed or registered for or authorized to
22practice the same profession under the laws of another state or
23jurisdiction of the United States or of a foreign country upon
24filing of an application on forms provided by the Department,
25paying the required fee, and meeting such requirements as are

 

 

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1established by rule. The Department may prescribe rules
2governing recognition of education and legal practice in
3another jurisdiction, requiring additional education, and
4determining when an examination may be required.
 
5    (225 ILCS 410/2-2)  (from Ch. 111, par. 1702-2)
6    (Section scheduled to be repealed on January 1, 2016)
7    Sec. 2-2. Licensure as a barber; qualifications. A person
8is qualified to receive a license as a barber if that person
9has applied in writing on forms prescribed by the Department,
10has paid the required fees, and:
11        a. Is at least 16 years of age; and
12        b. Has a certificate of graduation from a school
13    providing secondary education, or the recognized
14    equivalent of such a certificate, or persons who are beyond
15    the age of compulsory school attendance; and
16        c. Has graduated from a school of barbering or school
17    of cosmetology approved by the Department, having
18    completed a total of 1500 hours in the study of barbering
19    extending over a period of not less than 9 months nor more
20    than 3 years. A school of barbering may, at its discretion,
21    consistent with the rules of the Department, accept up to
22    1,000 500 hours of cosmetology school training at a
23    recognized cosmetology school toward the 1500 hour course
24    requirement of barbering. Time spent in such study under
25    the laws of another state or territory of the United States

 

 

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1    or of a foreign country or province shall be credited
2    toward the period of study required by the provisions of
3    this paragraph; and
4        d. Has passed an examination caused to be conducted by
5    the Department or its designated testing service to
6    determine fitness to receive a license as a barber; and
7        e. Has met all other requirements of this Act.
8(Source: P.A. 97-777, eff. 7-13-12.)
 
9    (225 ILCS 410/2-3)  (from Ch. 111, par. 1702-3)
10    (Section scheduled to be repealed on January 1, 2016)
11    Sec. 2-3. Licensure as a barber by a cosmetology school
12graduate. A person is qualified to receive a license as a
13barber if that person has applied in writing on forms provided
14by the Department, paid the required fees, and:
15    a. Is at least 16 years of age; and
16    b. Has a certificate of graduation from a school providing
17secondary education, or the recognized equivalent of such a
18certificate, or persons who are beyond the age of compulsory
19school attendance; and
20    c. Has graduated from a cosmetology school approved by the
21Department having completed a minimum of 1500 hours in the
22study of cosmetology; and
23    d. Has graduated from a school of barbering or cosmetology
24approved by the Department having completed a minimum of 100
251000 additional hours in the study of barbering extending over

 

 

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1a period of no less than 6 months nor more than 2 years. Time
2spent in such study under the laws of another state or
3territory of the United States or of a foreign country or
4province shall be credited toward the period of study required
5by the provisions of this paragraph; and
6    e. Has passed an examination caused to be conducted by the
7Department, or its designated testing service, to determine
8fitness to receive a license as a barber; and
9    f. Has met any other requirements set forth in this Act.
10(Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)
 
11    (225 ILCS 410/2-4)  (from Ch. 111, par. 1702-4)
12    (Section scheduled to be repealed on January 1, 2016)
13    Sec. 2-4. Licensure as a barber teacher; qualifications. A
14person is qualified to receive a license as a barber teacher if
15that person files an application on forms provided by the
16Department, pays the required fee, and:
17        a. Is at least 18 years of age;
18        b. Has graduated from high school or its equivalent;
19        c. Has a current license as a barber or cosmetologist;
20        d. Has graduated from a barber school or school of
21    cosmetology approved by the Department having:
22            (1) completed a total of 500 hours in barber
23        teacher training extending over a period of not less
24        than 3 months nor more than 2 years and has had 3 years
25        of practical experience as a licensed barber;

 

 

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1            (2) completed a total of 1,000 hours of barber
2        teacher training extending over a period of not less
3        than 6 months nor more than 2 years; or
4            (3) completed the cosmetology teacher training as
5        specified in paragraph (4) of subsection (a) of Section
6        3-4 of this Act and completed a supplemental barbering
7        course as established by rule; and
8        e. Has passed an examination authorized by the
9    Department to determine fitness to receive a license as a
10    barber teacher or a cosmetology teacher; and
11        f. Has met any other requirements set forth in this
12    Act.
13    An applicant who is issued a license as a barber teacher
14Barber Teacher is not required to maintain a barber license in
15order to practice barbering as defined in this Act.
16(Source: P.A. 97-777, eff. 7-13-12; 98-911, eff. 1-1-15;
17revised 11-25-14.)
 
18    (225 ILCS 410/2-7)  (from Ch. 111, par. 1702-7)
19    (Section scheduled to be repealed on January 1, 2016)
20    Sec. 2-7. Examination of applicants. The Department shall
21hold examinations of applicants for licensure as barbers and
22teachers of barbering at such times and places as it may
23determine. Upon request, the examinations shall be
24administered in Spanish.
25    Each applicant shall be given a written examination testing

 

 

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1both theoretical and practical knowledge of the following
2subjects insofar as they are related and applicable to the
3practice of barber science and art: (1) anatomy, (2)
4physiology, (3) skin diseases, (4) hygiene and sanitation, (5)
5barber history, (6) this Act and the rules for the
6administration of this Act barber law, (7) hair cutting and
7styling, (8) shaving, shampooing, and permanent waving, (9)
8massaging, (10) bleaching, tinting, and coloring, and (11)
9implements.
10    The examination of applicants for licensure as a barber
11teacher shall include: (a) practice of barbering and styling,
12(b) theory of barbering, (c) methods of teaching, and (d)
13school management.
14    If an applicant for licensure as a barber fails to pass 3
15examinations conducted by the Department, the applicant shall,
16before taking a subsequent examination, furnish evidence of not
17less than 250 hours of additional study of barbering in an
18approved school of barbering or cosmetology since the applicant
19last took the examination. If an applicant for licensure as a
20barber teacher fails to pass 3 examinations conducted by the
21Department, the applicant shall, before taking a subsequent
22examination, furnish evidence of not less than 80 hours of
23additional study in teaching methodology and educational
24psychology in an approved school of barbering or cosmetology
25since the applicant last took the examination. An applicant who
26fails to pass the fourth examination shall not again be

 

 

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1admitted to an examination unless: (i) in the case of an
2applicant for licensure as a barber, the applicant again takes
3and completes a program of 1,500 hours in the study of
4barbering in an approved school of barbering or cosmetology
5extending over a period that commences after the applicant
6fails to pass the fourth examination and that is not less than
78 months nor more than 7 consecutive years in duration; or (ii)
8in the case of an applicant for licensure as a barber teacher,
9the applicant again takes and completes a program of 1,000
10hours of teacher training in an approved school of barbering or
11cosmetology, except that if the applicant had 2 years of
12practical experience as a licensed barber within the 5 years
13preceding the initial examination taken by the applicant, the
14applicant must again take and complete a program of 500 hours
15of teacher training in an approved school of barbering or
16cosmetology. The requirements for remedial training set forth
17in this Section may be waived in whole or in part by the
18Department upon proof to the Department that the applicant has
19demonstrated competence to again sit for the examination. The
20Department shall adopt rules establishing standards by which
21this determination shall be made.
22    This Act does not prohibit the practice as a barber or
23barber teacher by one who has applied in writing to the
24Department, in form and substance satisfactory to the
25Department, for a license and has complied with all the
26provisions of this Act in order to qualify for a license except

 

 

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1the passing of an examination, until: (a) the expiration of 6
2months after the filing of such written application, or (b) the
3decision of the Department that the applicant has failed to
4pass an examination within 6 months or failed without an
5approved excuse to take an examination conducted within 6
6months by the Department, or (c) the withdrawal of the
7application.
8(Source: P.A. 94-451, eff. 12-31-05.)
 
9    (225 ILCS 410/2-9)
10    (Section scheduled to be repealed on January 1, 2016)
11    Sec. 2-9. Certification Degree in barbering at a
12cosmetology school. A school of cosmetology may offer a
13certificate degree in barbering, as defined by this Act,
14provided that the school of cosmetology complies with
15subsections (c), (d), and (e) of Section 2-2 of this Act;
16utilizes barber teachers properly licensed under Section 2-4 of
17this Act; and complies with Sections 2A-7 and 3B-10 of this
18Act.
19(Source: P.A. 97-777, eff. 7-13-12; 98-911, eff. 1-1-15.)
 
20    (225 ILCS 410/2-10 new)
21    Sec. 2-10. Licensed cosmetologist seeking license as a
22barber. A licensed cosmetologist who submits to the Department
23an application for licensure as a barber must meet all
24requirements of this Act for licensure as a barber, except that

 

 

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1such applicant shall be given credit for hours of instruction
2completed for his or her cosmetologist license in subjects that
3are common to both barbering and cosmetology and shall complete
4an additional 100 hours of instruction in subjects not within
5the scope of practice of a cosmetologist. The Department shall
6provide for the implementation of this provision by rule.
 
7    (225 ILCS 410/2-11 new)
8    Sec. 2-11. Inactive status. Any barber or barber teacher
9who notifies the Department in writing on forms prescribed by
10the Department may elect to place his or her license on
11inactive status and shall, subject to rules of the Department,
12be excused from payment of renewal fees until he or she
13notifies the Department in writing of his or her desire to
14resume active status. Any barber or barber teacher requesting
15restoration from inactive status shall be required to pay the
16current renewal fee and to qualify for the restoration of his
17or her license, subject to rules of the Department. Any barber
18or barber teacher whose license is in inactive status shall not
19practice in the State of Illinois.
 
20    (225 ILCS 410/3-2)  (from Ch. 111, par. 1703-2)
21    (Section scheduled to be repealed on January 1, 2016)
22    Sec. 3-2. Licensure; qualifications.
23    (1) A person is qualified to receive a license as a
24cosmetologist who has filed an application on forms provided by

 

 

09900HB1424ham001- 21 -LRB099 06559 MLM 33194 a

1the Department, pays the required fees, and:
2        a. Is at least l6 years of age; and
3        b. Is beyond the age of compulsory school attendance or
4    has received a certificate of graduation from a school
5    providing secondary education, or the recognized
6    equivalent of that certificate; and
7        c. Has graduated from a school of cosmetology approved
8    by the Department, having completed a program of 1,500 l500
9    hours in the study of cosmetology extending over a period
10    of not less than 8 months nor more than 7 consecutive
11    years. A school of cosmetology may, at its discretion,
12    consistent with the rules of the Department, accept up to
13    1,000 500 hours of barber school training at a recognized
14    barber school toward the 1,500 l500 hour program
15    requirement of cosmetology. Time spent in such study under
16    the laws of another state or territory of the United States
17    or of a foreign country or province shall be credited
18    toward the period of study required by the provisions of
19    this paragraph; and
20        d. Has passed an examination authorized by the
21    Department to determine eligibility to receive a license as
22    a cosmetologist; and
23        e. Has met any other requirements of this Act.
24    (2) (Blank).
25(Source: P.A. 93-253, eff. 7-22-03; 94-451, eff. 12-31-05.)
 

 

 

09900HB1424ham001- 22 -LRB099 06559 MLM 33194 a

1    (225 ILCS 410/3-3)  (from Ch. 111, par. 1703-3)
2    (Section scheduled to be repealed on January 1, 2016)
3    Sec. 3-3. Licensure as a cosmetologist by a barber school
4graduate. A person is qualified to receive a license as a
5cosmetologist if that person has filed an application on forms
6provided by the Department, has paid the required fees, and:
7    a. Is at least 16 years of age; and
8    b. Has a certificate of graduation from a school providing
9secondary education, or the recognized equivalent of such a
10certificate, or is beyond the age of compulsory school
11attendance; and
12    c. Has graduated from a school of barbering approved by the
13Department having completed 1500 hours in the study of
14barbering, and a minimum of 500 1000 additional hours in the
15study of cosmetology extending over a period of no less than 6
16months nor more than 2 years. Time spent in such study under
17the laws of another state or territory of the United States or
18of a foreign country or province shall be credited toward the
19period of study required by the provisions of this paragraph;
20and
21    d. Has passed an examination authorized by the Department
22to determine fitness to receive a license as a cosmetologist;
23and
24    e. Has met any other requirements of this Act.
25(Source: P.A. 89-387, eff. 1-1-96.)
 

 

 

09900HB1424ham001- 23 -LRB099 06559 MLM 33194 a

1    (225 ILCS 410/3-4)  (from Ch. 111, par. 1703-4)
2    (Section scheduled to be repealed on January 1, 2016)
3    Sec. 3-4. Licensure as cosmetology teacher or cosmetology
4clinic teacher; qualifications.
5    (a) A person is qualified to receive license as a
6cosmetology teacher if that person has applied in writing on
7forms provided by the Department, has paid the required fees,
8and:
9        (1) is at least 18 years of age;
10        (2) has graduated from high school or its equivalent;
11        (3) has a current license as a cosmetologist;
12        (4) has either: (i) completed a program of 500 hours of
13    teacher training in a licensed school of cosmetology and
14    had 2 years of practical experience as a licensed
15    cosmetologist within 5 years preceding the examination; or
16    (ii) completed a program of 1,000 hours of teacher training
17    in a licensed school of cosmetology; or (iii) completed the
18    barber teacher training as specified in subsection (d) of
19    Section 2-4 of this Act and completed a supplemental
20    cosmetology course as established by rule;
21        (5) has passed an examination authorized by the
22    Department to determine eligibility to receive a license as
23    a cosmetology teacher or barber teacher; and
24        (6) has met any other requirements of this Act.
25    An individual who receives a license as a cosmetology
26teacher shall not be required to maintain an active cosmetology

 

 

09900HB1424ham001- 24 -LRB099 06559 MLM 33194 a

1license in order to practice cosmetology as defined in this
2Act.
3    (b) A person is qualified to receive a license as a
4cosmetology clinic teacher if he or she has applied in writing
5on forms provided by the Department, has paid the required
6fees, and:
7        (1) is at least 18 years of age;
8        (2) has graduated from high school or its equivalent;
9        (3) has a current license as a cosmetologist;
10        (4) has (i) completed a program of 250 hours of clinic
11    teacher training in a licensed school of cosmetology or
12    (ii) within 5 years preceding the examination, has obtained
13    a minimum of 2 years of practical experience working at
14    least 30 full-time hours per week as a licensed
15    cosmetologist and has completed an instructor's institute
16    of 20 hours, as prescribed by the Department, prior to
17    submitting an application for examination;
18        (5) has passed an examination authorized by the
19    Department to determine eligibility to receive a license as
20    a cosmetology teacher; and
21        (6) has met any other requirements of this Act.
22    The Department shall not issue any new cosmetology clinic
23teacher licenses after January 1, 2009. Any person issued a
24license as a cosmetology clinic teacher before January 1, 2009,
25may renew the license after that date under this Act and that
26person may continue to renew the license or have the license

 

 

09900HB1424ham001- 25 -LRB099 06559 MLM 33194 a

1restored during his or her lifetime, subject only to the
2renewal or restoration requirements for the license under this
3Act; however, such licensee and license shall remain subject to
4the provisions of this Act, including, but not limited to,
5provisions concerning renewal, restoration, fees, continuing
6education, discipline, administration, and enforcement.
7(Source: P.A. 94-451, eff. 12-31-05.)
 
8    (225 ILCS 410/3-6)  (from Ch. 111, par. 1703-6)
9    (Section scheduled to be repealed on January 1, 2016)
10    Sec. 3-6. Examination. The Department shall authorize
11examinations of applicants for licensure as cosmetologists and
12teachers of cosmetology at the times and places it may
13determine. The Department may provide by rule for the
14administration of the examination prior to the completion of
15the applicant's program of training as required in Sections
163-2, 3-3, or 3-4. If an applicant for licensure as a
17cosmetologist fails to pass 3 examinations conducted by the
18Department, the applicant shall, before taking a subsequent
19examination, furnish evidence of not less than 250 hours of
20additional study of cosmetology in an approved school of
21cosmetology since the applicant last took the examination. If
22an applicant for licensure as a cosmetology teacher fails to
23pass 3 examinations conducted by the Department, the applicant
24shall, before taking a subsequent examination, furnish
25evidence of not less than 80 hours of additional study in

 

 

09900HB1424ham001- 26 -LRB099 06559 MLM 33194 a

1teaching methodology and educational psychology in an approved
2school of cosmetology since the applicant last took the
3examination. An applicant who fails to pass the fourth
4examination shall not again be admitted to an examination
5unless: (i) in the case of an applicant for licensure as a
6cosmetologist, the applicant again takes and completes a
7program of 1500 hours in the study of cosmetology in an
8approved school of cosmetology extending over a period that
9commences after the applicant fails to pass the fourth
10examination and that is not less than 8 months nor more than 7
11consecutive years in duration; (ii) in the case of an applicant
12for licensure as a cosmetology teacher, the applicant again
13takes and completes a program of 1000 hours of teacher training
14in an approved school of cosmetology, except that if the
15applicant had 2 years of practical experience as a licensed
16cosmetologist within the 5 years preceding the initial
17examination taken by the applicant, the applicant must again
18take and complete a program of 500 hours of teacher training in
19an approved school of cosmetology, esthetics, or nail
20technology; or (iii) in the case of an applicant for licensure
21as a cosmetology clinic teacher, the applicant again takes and
22completes a program of 250 hours of clinic teacher training in
23a licensed school of cosmetology or an instructor's institute
24of 20 hours. The requirements for remedial training set forth
25in this Section may be waived in whole or in part by the
26Department upon proof to the Department that the applicant has

 

 

09900HB1424ham001- 27 -LRB099 06559 MLM 33194 a

1demonstrated competence to again sit for the examination. The
2Department shall adopt rules establishing the standards by
3which this determination shall be made. Each cosmetology
4applicant shall be given a written examination testing both
5theoretical and practical knowledge, which shall include, but
6not be limited to, questions that determine the applicant's
7knowledge of product chemistry, sanitary rules, sanitary
8procedures, chemical service procedures, hazardous chemicals
9and exposure minimization, knowledge of the anatomy of the
10skin, scalp, hair, and nails as they relate to applicable
11services under this Act and labor and compensation laws.
12    The examination of applicants for licensure as a
13cosmetology, esthetics, or nail technology teacher may include
14all of the elements of the exam for licensure as a
15cosmetologist, esthetician, or nail technician and also
16include teaching methodology, classroom management, record
17keeping, and any other related subjects that the Department in
18its discretion may deem necessary to insure competent
19performance.
20    This Act does not prohibit the practice of cosmetology by
21one who has applied in writing to the Department, in form and
22substance satisfactory to the Department, for a license as a
23cosmetologist, or the teaching of cosmetology by one who has
24applied in writing to the Department, in form and substance
25satisfactory to the Department, for a license as a cosmetology
26teacher or cosmetology clinic teacher, if the person has

 

 

09900HB1424ham001- 28 -LRB099 06559 MLM 33194 a

1complied with all the provisions of this Act in order to
2qualify for a license, except the passing of an examination to
3be eligible to receive a license, until: (a) the expiration of
46 months after the filing of the written application, (b) the
5decision of the Department that the applicant has failed to
6pass an examination within 6 months or failed without an
7approved excuse to take an examination conducted within 6
8months by the Department, or (c) the withdrawal of the
9application.
10(Source: P.A. 94-451, eff. 12-31-05.)
 
11    (225 ILCS 410/3-7)  (from Ch. 111, par. 1703-7)
12    (Section scheduled to be repealed on January 1, 2016)
13    Sec. 3-7. Licensure; renewal; continuing education;
14military service. The holder of a license issued under this
15Article III may renew that license during the month preceding
16the expiration date thereof by paying the required fee, giving
17such evidence as the Department may prescribe of completing not
18less than 14 hours of continuing education for a cosmetologist,
19and 24 hours of continuing education for a cosmetology teacher
20or cosmetology clinic teacher, within the 2 years prior to
21renewal. The training shall be in subjects approved by the
22Department as prescribed by rule upon recommendation of the
23Board and may include online instruction.
24    A license that has been expired for more than 5 years may
25be restored by payment of the restoration fee and submitting

 

 

09900HB1424ham001- 29 -LRB099 06559 MLM 33194 a

1evidence satisfactory to the Department of the current
2qualifications and fitness of the licensee, which shall include
3completion of continuing education hours for the period
4subsequent to expiration.
5    The Department shall establish by rule a means for the
6verification of completion of the continuing education
7required by this Section. This verification may be accomplished
8through audits of records maintained by registrants, by
9requiring the filing of continuing education certificates with
10the Department, or by other means established by the
11Department.
12    A license issued under the provisions of this Act that has
13expired while the holder of the license was engaged (1) in
14federal service on active duty with the Army of the United
15States, the United States Navy, the Marine Corps, the Air
16Force, the Coast Guard, or any Women's Auxiliary thereof, or
17the State Militia called into the service or training of the
18United States of America, or (2) in training or education under
19the supervision of the United States preliminary to induction
20into the military service, may be reinstated or restored
21without the payment of any lapsed renewal fees, reinstatement
22fee, or restoration fee if within 2 years after the termination
23of such service, training, or education other than by
24dishonorable discharge, the holder furnishes the Department
25with an affidavit to the effect that he or she has been so
26engaged and that his or her service, training, or education has

 

 

09900HB1424ham001- 30 -LRB099 06559 MLM 33194 a

1been so terminated.
2    The Department, in its discretion, may waive enforcement of
3the continuing education requirement in this Section and shall
4adopt rules defining the standards and criteria for that waiver
5under the following circumstances:
6        (a) the licensee resides in a locality where it is
7    demonstrated that the absence of opportunities for such
8    education would interfere with the ability of the licensee
9    to provide service to the public;
10        (b) that to comply with the continuing education
11    requirements would cause a substantial financial hardship
12    on the licensee;
13        (c) that the licensee is serving in the United States
14    Armed Forces; or
15        (d) that the licensee is incapacitated due to illness.
16    The continuing education requirements of this Section do
17not apply to a licensee who (i) is at least 62 years of age or
18(ii) has been licensed as a cosmetologist, cosmetology teacher,
19or cosmetology clinic teacher for at least 25 years.
20(Source: P.A. 98-911, eff. 1-1-15.)
 
21    (225 ILCS 410/3-9 new)
22    Sec. 3-9. Licensed barber seeking license as
23cosmetologist. A licensed barber who submits to the Department
24an application for licensure as a cosmetologist must meet all
25requirements of this Act for licensure as a cosmetologist,

 

 

09900HB1424ham001- 31 -LRB099 06559 MLM 33194 a

1except that such applicant shall be given credit for hours of
2instruction completed for his or her barber license in subjects
3that are common to both barbering and cosmetology and shall
4complete an additional 500 hours of instruction in subjects not
5within the scope of practice of a barber. The Department shall
6provide for the implementation of this provision by rule.
 
7    (225 ILCS 410/3-10 new)
8    Sec. 3-10. Licensed esthetician or licensed nail
9technician seeking license as a cosmetologist. A licensed
10esthetician or licensed nail technician who submits to the
11Department an application for licensure as a cosmetologist must
12meet all requirements of this Act for licensure as a
13cosmetologist except that such applicant shall be given credit
14for hours of instruction completed for his or her esthetician
15or nail technician license in subjects that are common to both
16esthetics or nail technology and cosmetology. The Department
17shall provide for the implementation of this provision by rule.
 
18    (225 ILCS 410/3A-6)  (from Ch. 111, par. 1703A-6)
19    (Section scheduled to be repealed on January 1, 2016)
20    Sec. 3A-6. Licensure; renewal; continuing education;
21examination; military service. The holder of a license issued
22under this Article may renew such license during the month
23preceding the expiration date thereof by paying the required
24fee, giving evidence the Department may prescribe of completing

 

 

09900HB1424ham001- 32 -LRB099 06559 MLM 33194 a

1not less than 10 hours for estheticians, and not less than 20
2hours of continuing education for esthetics teachers, within
3the 2 years prior to renewal. The training shall be in
4subjects, approved by the Department as prescribed by rule upon
5recommendation of the Board.
6    A license that has expired or been placed on inactive
7status may be restored only by payment of the restoration fee
8and submitting evidence satisfactory to the Department of the
9current qualifications and fitness of the licensee including
10the completion of continuing education hours for the period
11following expiration.
12    A license issued under the provisions of this Act that has
13expired while the holder of the license was engaged (1) in
14federal service on active duty with the Army of the United
15States, the United States Navy, the Marine Corps, the Air
16Force, the Coast Guard, or any Women's Auxiliary thereof, or
17the State Militia called into the service or training of the
18United States of America, or (2) in training or education under
19the supervision of the United States preliminary to induction
20into the military service, may be reinstated or restored
21without the payment of any lapsed renewal fees, reinstatement
22fee, or restoration fee if within 2 years after the termination
23of such service, training, or education other than by
24dishonorable discharge, the holder furnishes the Department
25with an affidavit to the effect that he or she has been so
26engaged and that his or her service, training, or education has

 

 

09900HB1424ham001- 33 -LRB099 06559 MLM 33194 a

1been so terminated.
2    The Department, in its discretion, may waive enforcement of
3the continuing education requirement in this Section, and shall
4adopt rules defining the standards and criteria for such
5waiver, under the following circumstances:
6        (1) the licensee resides in a locality where it is
7    demonstrated that the absence of opportunities for such
8    education would interfere with the ability of the licensee
9    to provide service to the public;
10        (2) the licensee's compliance with the continuing
11    education requirements would cause a substantial financial
12    hardship on the licensee;
13        (3) the licensee is serving in the United States Armed
14    Forces; or
15        (4) the licensee is incapacitated due to illness.
16(Source: P.A. 98-911, eff. 1-1-15.)
 
17    (225 ILCS 410/3A-8 new)
18    Sec. 3A-8. Inactive status. Any esthetician or esthetician
19teacher who notifies the Department in writing on forms
20prescribed by the Department may elect to place his or her
21license on inactive status and shall, subject to rules of the
22Department, be excused from payment of renewal fees until he or
23she notifies the Department in writing of his or her desire to
24resume active status.
25    Any esthetician or esthetician teacher requesting

 

 

09900HB1424ham001- 34 -LRB099 06559 MLM 33194 a

1restoration from inactive status shall be required to pay the
2current renewal fee and to qualify for the restoration of his
3or her license, subject to rules of the Department. A license
4shall not be restored from inactive status unless the
5esthetician or esthetician teacher requesting the restoration
6completes the number of hours of continuing education required
7for renewal of a license under Section 3A-6.
8    Any esthetician or esthetician teacher whose license is in
9inactive status shall not practice in the State of Illinois.
 
10    (225 ILCS 410/3B-2)  (from Ch. 111, par. 1703B-2)
11    (Section scheduled to be repealed on January 1, 2016)
12    Sec. 3B-2. Investigations by Department upon its own motion
13or upon verified complaint; opportunity for corrections. The
14Department may upon its own motion and shall upon the verified
15complaint in writing of any person setting forth facts which if
16proved would constitute grounds for refusal or revocation under
17this Act, investigate the actions of any applicant or any
18person or persons holding or claiming to hold a license.
19    Any student or employee of a school approved by this Act
20who believes he has been aggrieved by a violation of this Act
21shall have the right to file a written complaint within one
22year of the alleged violation. The Department shall acknowledge
23receipt of such written complaint, commence an investigation of
24the alleged violation, and forward to the Attorney General and
25any appropriate State's Attorney's office copies of complaints

 

 

09900HB1424ham001- 35 -LRB099 06559 MLM 33194 a

1as required by Section 3B-3. The Department shall inform
2forward a copy of the formal complaint and order to the person
3who filed the complaint and to the chief operating officer of
4the school cited in the complaint of the nature or substance of
5the complaint and afford the school an opportunity to either
6resolve the complaint to the satisfaction of the complainant or
7submit a written response to the Department.
8    However, before proceeding to a hearing on the question of
9whether a license shall be refused or revoked, the Department
10may issue a letter granting the school in question 30 days to
11correct the deficiency or deficiencies. The letter shall
12enumerate the deficiencies and state the action on the part of
13the school that will remediate the deficiency or deficiencies.
14During the time designated to remedy deficiencies the
15Department may order the school to cease and desist from all
16marketing and student enrollment activities.
17(Source: P.A. 89-387, eff. 1-1-96; 89-626, eff. 8-9-96.)
 
18    (225 ILCS 410/3B-10)
19    (Section scheduled to be repealed on January 1, 2016)
20    Sec. 3B-10. Requisites for ownership or operation of
21school. No person, firm, or corporation may own, operate, or
22conduct a school of barbering, cosmetology, esthetics, hair
23braiding, or nail technology for the purpose of teaching
24barbering, cosmetology, esthetics, hair braiding, or nail
25technology for compensation unless licensed by the Department.

 

 

09900HB1424ham001- 36 -LRB099 06559 MLM 33194 a

1A licensed school is a postsecondary educational institution
2authorized by the Department to provide a postsecondary
3education program in compliance with the requirements of this
4Act. An applicant shall apply to the Department on forms
5provided by the Department, pay the required fees, and comply
6with the following requirements:
7        1. The applicant must submit to the Department for
8    approval:
9            a. A floor plan, drawn to a scale specified on the
10        floor plan, showing every detail of the proposed
11        school; and
12            b. A lease commitment or proof of ownership for the
13        location of the proposed school; a lease commitment
14        must provide for execution of the lease upon the
15        Department's approval of the school's application and
16        the lease must be for a period of at least one year.
17            c. (Blank).
18        2. An application to own or operate a school shall
19    include the following:
20            a. If the owner is a corporation, a copy of the
21        Articles of Incorporation or, if the owner is a limited
22        liability company, a copy of the articles of
23        organization;
24            b. If the owner is a partnership, a listing of all
25        partners and their current addresses;
26            c. If the applicant is an owner, a completed

 

 

09900HB1424ham001- 37 -LRB099 06559 MLM 33194 a

1        financial statement showing the owner's ability to
2        operate the school for at least 3 months;
3            d. A copy of the official enrollment agreement or
4        student contract to be used by the school, which shall
5        be consistent with the requirements of this Act and
6        rules;
7            e. A listing of all teachers who will be in the
8        school's employ, including their teacher license
9        numbers;
10            f. A copy of the curricula that will be followed;
11            g. The names, addresses, and current status of all
12        schools in which the applicant has previously owned any
13        interest, and a declaration as to whether any of these
14        schools were ever denied accreditation or licensing or
15        lost accreditation or licensing from any governmental
16        body or accrediting agency;
17            h. Each application for a certificate of approval
18        shall be signed and certified under oath by the
19        school's chief managing employee and also by its
20        individual owner or owners; if the applicant is a
21        partnership or a corporation, then the application
22        shall be signed and certified under oath by the
23        school's chief managing employee and also by each
24        member of the partnership or each officer of the
25        corporation, as the case may be;
26            i. A copy of the school's official transcript; and

 

 

09900HB1424ham001- 38 -LRB099 06559 MLM 33194 a

1            j. The required fee.
2        3. Each application for a license to operate a school
3    shall also contain the following commitments:
4            a. To conduct the school in accordance with this
5        Act and the standards, and rules from time to time
6        adopted under this Act and to meet standards and
7        requirements at least as stringent as those required by
8        Part H of the Federal Higher Education Act of 1965.
9            b. To permit the Department to inspect the school
10        or classes thereof from time to time with or without
11        notice; and to make available to the Department, at any
12        time when required to do so, information including
13        financial information pertaining to the activities of
14        the school required for the administration of this Act
15        and the standards and rules adopted under this Act;
16            c. To utilize only advertising and solicitation
17        which is free from misrepresentation, deception,
18        fraud, or other misleading or unfair trade practices;
19            d. To screen applicants to the school prior to
20        enrollment pursuant to the requirements of the
21        school's regional or national accrediting agency, if
22        any, and to maintain any and all records of such
23        screening. If the course of instruction is offered in a
24        language other than English, the screening shall also
25        be performed in that language;
26            e. To post in a conspicuous place a statement,

 

 

09900HB1424ham001- 39 -LRB099 06559 MLM 33194 a

1        developed by the Department, of student's rights
2        provided under this Act.
3        4. The applicant shall establish to the satisfaction of
4    the Department that the owner possesses sufficient liquid
5    assets to meet the prospective expenses of the school for a
6    period of 3 months. In the discretion of the Department,
7    additional proof of financial ability may be required.
8        5. The applicant shall comply with all rules of the
9    Department determining the necessary curriculum and
10    equipment required for the conduct of the school.
11        6. The applicant must demonstrate employment of a
12    sufficient number of qualified teachers who are holders of
13    a current license issued by the Department.
14        7. A final inspection of the barber, cosmetology,
15    esthetics, hair braiding, or nail technology school shall
16    be made by the Department before the school may commence
17    classes.
18        8. A written inspection report must be made by the
19    State Fire Marshal or a local fire authority approving the
20    use of the proposed premises as a barber, cosmetology,
21    esthetics, hair braiding, or nail technology school.
22(Source: P.A. 98-238, eff. 1-1-14; 98-911, eff. 1-1-15.)
 
23    (225 ILCS 410/3B-11)
24    (Section scheduled to be repealed on January 1, 2016)
25    Sec. 3B-11. Periodic review of barber, cosmetology,

 

 

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1esthetics, hair braiding, and nail technology schools. The
2Department shall review at least biennially all All approved
3schools and courses of instruction are to subject to review by
4the Department. The biennial review shall include
5consideration of a comparison between the graduation or
6completion rate for the school and the graduation or completion
7rate for the schools within that classification of schools.
8Consideration shall be given to complaints and information
9forwarded to the Department by the Federal Trade Commission,
10Better Business Bureaus, the Illinois Attorney General's
11Office, a State's Attorney's Office, other State or official
12approval agencies, local school officials, and interested
13persons. The Department shall investigate all complaints filed
14with the Department about a school or its sales
15representatives.
16    A school shall retain the records, as defined by rule, of a
17student who withdraws from or drops out of the school, by
18written notice of cancellation or otherwise, for any period
19longer than 7 years from the student's first day of attendance.
20However, a school shall retain indefinitely the transcript of
21each student who completes the program and graduates from the
22school.
23(Source: P.A. 98-911, eff. 1-1-15.)
 
24    (225 ILCS 410/3B-12)
25    (Section scheduled to be repealed on January 1, 2016)

 

 

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1    Sec. 3B-12. Enrollment agreements.
2    (a) Enrollment agreements shall be used by barber,
3cosmetology, esthetics, hair braiding, and nail technology
4schools licensed to operate by the Department and shall include
5the following written disclosures:
6        (1) The name and address of the school and the
7    addresses where instruction will be given;
8        (2) The name and description of the course of
9    instruction, including the number of clock hours in each
10    course and an approximate number of weeks or months
11    required for completion;
12        (3) The scheduled starting date and calculated
13    completion date;
14        (4) The total cost of the course of instruction
15    including any charges made by the school for tuition,
16    books, materials, supplies, and other expenses;
17        (5) A clear and conspicuous statement that the contract
18    is a legally binding instrument when signed by the student
19    and accepted by the school;
20        (6) A clear and conspicuous caption, "BUYER'S RIGHT TO
21    CANCEL" under which it is explained that the student has
22    the right to cancel the initial enrollment agreement until
23    midnight of the fifth business day after the student has
24    been enrolled; and if notice of the right to cancel is not
25    given to any prospective student at the time the enrollment
26    agreement is signed, then the student has the right to

 

 

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1    cancel the agreement at any time and receive a refund of
2    all monies paid to date within 10 days of cancellation;
3        (7) A notice to the students that the cancellation must
4    be in writing and given to the registered agent, if any, or
5    managing employee of the school;
6        (8) The school's refund policy for unearned tuition,
7    fees, and other charges;
8        (9) The date of the student's signature and the date of
9    the student's admission;
10        (10) The name of the school employee or agent
11    responsible for procuring, soliciting, or enrolling the
12    student;
13        (11) A clear statement that the institution does not
14    guarantee employment and a statement describing the
15    school's placement assistance procedures;
16        (12) The graduation requirements of the school;
17        (13) The contents of the following notice, in at least
18    10 point bold type:
19
"NOTICE TO THE STUDENT"
20    "Do not sign this contract before you read it or if it
21    contains any blank space. You are entitled to an exact copy
22    of the contract you sign."
23        (14) A statement either in the enrollment agreement or
24    separately provided and acknowledged by the student
25    indicating the number of students who did not complete the
26    course of instruction for which they enrolled for the past

 

 

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1    calendar year as compared to the number of students who
2    enrolled in school during the school's past calendar year;
3        (15) The following clear and conspicuous caption:
4    "COMPLAINTS AGAINST THIS SCHOOL MAY BE REGISTERED WITH THE
5    DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION", set
6    forth with the address and telephone number of the
7    Department's Complaint Intake Unit Chicago and Springfield
8    offices.
9    (b) If the enrollment is negotiated orally in a language
10other than English, then copies of the above disclosures shall
11be tendered in the language in which the contract was
12negotiated prior to executing the enrollment agreement.
13    (c) The school shall comply with all applicable
14requirements of the Retail Installment Sales Act in its
15enrollment agreement or student contracts.
16    (d) No enrollment agreement or student contract shall
17contain a wage assignment provision or a confession of judgment
18clause.
19    (e) Any provision in an enrollment agreement or student
20contract that purports to waive the student's right to assert
21against the school, or any assignee, any claim or defense he or
22she may have against the school arising under the contract
23shall be void.
24    (f) Two copies of the enrollment agreement shall be signed
25by the student. One copy shall be given to the student and the
26school shall retain the other copy as part of the student's

 

 

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1permanent record.
2(Source: P.A. 98-911, eff. 1-1-15.)
 
3    (225 ILCS 410/3B-13)
4    (Section scheduled to be repealed on January 1, 2016)
5    Sec. 3B-13. Rules; refunds. Schools regulated under this
6Section shall issue refunds based on the following schedule.
7The refund policy shall provide that:
8        (1) Schools shall, when a student gives written notice
9    of cancellation, provide a refund in the amount of at least
10    the following:
11            (a) When notice of cancellation is given within 5
12        days after the date of enrollment, all application and
13        registration fees, tuition, and any other charges
14        shall be refunded to the student.
15            (b) When notice of cancellation is given after the
16        fifth day following enrollment but before the
17        completion of the student's first day of class
18        attendance, the school may retain no more than the
19        application and registration fee, plus the cost of any
20        books or materials which have been provided by the
21        school and retained by the student.
22            (c) When notice of cancellation is given after the
23        student's completion of the first day of class
24        attendance but prior to the student's completion of 5%
25        of the course of instruction, the school may retain the

 

 

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1        application and registration fee and an amount not to
2        exceed 10% of the tuition and other instructional
3        charges or $300, whichever is less, plus the cost of
4        any books or materials which have been provided by the
5        school.
6            (d) When a student has completed 5% or more of the
7        course of instruction, the school may retain the
8        application and registration fee and the cost of any
9        books or materials which have been provided by the
10        school but shall refund a part of the tuition and other
11        instructional charges in accordance with the
12        requirements of the school's regional or national
13        accrediting agency, if any, or rules that the
14        Department shall promulgate for purposes of this
15        Section.
16        (2) Applicants not accepted by the school shall receive
17    a refund of all tuition and fees paid.
18        (3) Application and registration fees shall be
19    chargeable at initial enrollment and shall not exceed $100.
20    All fees must be disclosed in the student contract.
21        (4) Deposits or down payments shall become part of the
22    tuition.
23        (5) The school shall mail a written acknowledgement of
24    a student's cancellation or written withdrawal to the
25    student within 15 calendar days of the date of
26    notification. Written acknowledgement is not necessary if

 

 

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1    a refund has been mailed to the student within the 15
2    calendar days.
3        (6) If the school cancels or discontinues a course, the
4    student shall be entitled to receive from the school such
5    refund or partial refund of the tuition, fees, and other
6    charges paid by the student or on behalf of the student as
7    is provided under rules promulgated by the Department.
8        (7) Except as otherwise provided by this Act, all
9    student refunds shall be made by the school within 45
10    calendar days after the date of notice of the student's
11    cancellation or the date that the school determines that
12    the student has officially or unofficially withdrawn.
13        (8) A student shall give notice of cancellation to the
14    school in writing. The unexplained absence of a student
15    from a school for more than 30 consecutive calendar days
16    shall constitute constructive notice of cancellation to
17    the school. For purposes of cancellation, the cancellation
18    date shall be the last day of attendance.
19        (9) A school may make refunds which exceed those
20    required by this Section.
21        (10) Each student and former student shall be entitled
22    to receive from the school that the student attends or
23    attended an official transcript of all hours completed by
24    the student at that school for which the applicable
25    tuition, fees, and other charges have been paid, together
26    with the grades earned by the student for those hours,

 

 

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1    provided that a student who withdraws from or drops out of
2    a school, by written notice of cancellation or otherwise,
3    shall not be entitled to any transcript of completed hours
4    following the expiration of the 7-year period that began on
5    the student's first day of attendance at the school. A
6    reasonable fee, not exceeding $2, may be charged by the
7    school for each transcript after the first free transcript
8    that the school is required to provide to a student or
9    former student under this Section.
10(Source: P.A. 95-343, eff. 1-1-08; 96-506, eff. 8-14-09.)
 
11    (225 ILCS 410/3B-17 new)
12    Sec. 3B-17. Sale of school. Any school licensed under this
13Act that is subsequently sold to another party shall notify the
14Department in writing of the sale at least 30 days in advance
15of the effective date of the transfer of ownership. Upon filing
16of this notice with the Department, the new owner may continue
17to operate the school under the previously issued license
18provided that the new owner submits an application for
19licensure to the Department in accordance with the requirements
20of this Act within 30 days after the effective date of the
21transfer of ownership. The new owner may continue to operate
22the school under the previous license after submitting such
23application until the Department issues a new license or denies
24issuance of a license, whichever occurs first. The Department
25shall provide for administration of this Section by rule.
 

 

 

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1    (225 ILCS 410/3B-18 new)
2    Sec. 3B-18. Internship. A school may offer an internship
3program as part of its curriculum subject to the rules of the
4Department.
 
5    (225 ILCS 410/3C-8)  (from Ch. 111, par. 1703C-8)
6    (Section scheduled to be repealed on January 1, 2016)
7    Sec. 3C-8. License renewal; expiration; continuing
8education; persons in military service. The holder of a license
9issued under this Article may renew that license during the
10month preceding the expiration date of the license by paying
11the required fee and giving evidence, as the Department may
12prescribe, of completing not less than 10 hours of continuing
13education for a nail technician and 20 hours of continuing
14education for a nail technology teacher, within the 2 years
15prior to renewal. The continuing education shall be in subjects
16approved by the Department upon recommendation of the Barber,
17Cosmetology, Esthetics, Hair Braiding, and Nail Technology
18Board relating to the practice of nail technology, including,
19but not limited to, review of sanitary procedures, review of
20chemical service procedures, review of this Act, and review of
21the Workers' Compensation Act. However, at least 10 of the
22hours of continuing education required for a nail technology
23teacher shall be in subjects relating to teaching methodology,
24educational psychology, and classroom management or in other

 

 

09900HB1424ham001- 49 -LRB099 06559 MLM 33194 a

1subjects related to teaching.
2    A license that has been expired or placed on inactive
3status may be restored only by payment of the restoration fee
4and submitting evidence satisfactory to the Department of the
5meeting of current qualifications and fitness of the licensee,
6including the completion of continuing education hours for the
7period subsequent to expiration.
8    A license issued under this Article that has expired while
9the holder of the license was engaged (1) in federal service on
10active duty with the Army of the United States, the United
11States Navy, the Marine Corps, the Air Force, the Coast Guard,
12or any Women's Auxiliary thereof, or the State Militia called
13into the service or training of the United States of America,
14or (2) in training or education under the supervision of the
15United States preliminary to induction into the military
16service, may be reinstated or restored without the payment of
17any lapsed renewal fees, reinstatement fee or restoration fee
18if, within 2 years after the termination of the service,
19training, or education other than by dishonorable discharge,
20the holder furnishes the Department with an affidavit to the
21effect that the certificate holder has been so engaged and that
22the service, training, or education has been so terminated.
23    The Department, in its discretion, may waive enforcement of
24the continuing education requirement in this Section, and shall
25adopt rules defining the standards and criteria for such
26waiver, under the following circumstances:

 

 

09900HB1424ham001- 50 -LRB099 06559 MLM 33194 a

1    (a) the licensee resides in a locality where it is
2demonstrated that the absence of opportunities for such
3education would interfere with the ability of the licensee to
4provide service to the public;
5    (b) the licensee's compliance with the continuing
6education requirements would cause a substantial financial
7hardship on the licensee;
8    (c) the licensee is serving in the United States Armed
9Forces; or
10    (d) the licensee is incapacitated due to illness.
11(Source: P.A. 98-911, eff. 1-1-15.)
 
12    (225 ILCS 410/3C-10 new)
13    Sec. 3C-10. Inactive status. Any nail technician or nail
14technology teacher who notifies the Department in writing on
15forms prescribed by the Department may elect to place his or
16her license on inactive status and shall, subject to rules of
17the Department, be excused from payment of renewal fees until
18he or she notifies the Department in writing of his or her
19desire to resume active status.
20    Any nail technician or nail technology teacher requesting
21restoration from inactive status shall be required to pay the
22current renewal fee and to qualify for the restoration of his
23or her license, subject to rules of the Department. A license
24shall not be restored from inactive status unless the nail
25technician or nail technology teacher requesting the

 

 

09900HB1424ham001- 51 -LRB099 06559 MLM 33194 a

1restoration completes the number of hours of continuing
2education required for renewal of a license under Section 3C-8.
3    Any nail technician or nail technology teacher whose
4license is in inactive status shall not practice in the State
5of Illinois.
 
6    (225 ILCS 410/3D-5)
7    (Section scheduled to be repealed on January 1, 2016)
8    Sec. 3D-5. Requisites for ownership or operation of
9cosmetology, esthetics, hair braiding, and nail technology
10salons and barber shops.
11    (a) No person, firm, partnership, limited liability
12company, or corporation shall own or operate a cosmetology,
13esthetics, hair braiding, or nail technology salon or barber
14shop or employ, rent space to, or independently contract with
15any licensee under this Act without applying on forms provided
16by the Department for a certificate of registration.
17    (b) The application for a certificate of registration under
18this Section shall set forth the name, address, and telephone
19number of the proposed cosmetology, esthetics, hair braiding,
20or nail technology salon or barber shop; the name, address, and
21telephone number of the person, firm, partnership, or
22corporation that is to own or operate the salon or shop; and,
23if the salon or shop is to be owned or operated by an entity
24other than an individual, the name, address, and telephone
25number of the managing partner or the chief executive officer

 

 

09900HB1424ham001- 52 -LRB099 06559 MLM 33194 a

1of the corporation or other entity that owns or operates the
2salon or shop.
3    (c) The Department shall be notified by the owner or
4operator of a salon or shop that is moved to a new location. If
5there is a change in the ownership or operation of a salon or
6shop, the new owner or operator shall report that change to the
7Department along with completion of any additional
8requirements set forth by rule.
9    (d) If a person, firm, partnership, limited liability
10company, or corporation owns or operates more than one shop or
11salon, a separate certificate of registration must be obtained
12for each salon or shop.
13    (e) A certificate of registration granted under this
14Section may be revoked in accordance with the provisions of
15Article IV and the holder of the certificate may be otherwise
16disciplined by the Department in accordance with rules adopted
17under this Act.
18    (f) The Department may promulgate rules to establish
19additional requirements for owning or operating a salon or
20shop.
21    (g) The requirement of a certificate of registration as set
22forth in this Section shall also apply to any person, firm,
23partnership, limited liability company, or corporation
24providing barbering, cosmetology, esthetics, hair braiding, or
25nail technology services at any location not owned or rented by
26such person, firm, partnership, limited liability company, or

 

 

09900HB1424ham001- 53 -LRB099 06559 MLM 33194 a

1corporation for these purposes or from a mobile shop or salon.
2Notwithstanding any provision of this Section, applicants for a
3certificate of registration under this subsection (g) shall
4report in its application the address and telephone number of
5its office and shall not be required to report the location
6where services are or will be rendered. Nothing in this
7subsection (g) shall apply to a sole proprietor who has no
8employees or contractors and is not operating a mobile shop or
9salon.
10(Source: P.A. 96-1246, eff. 1-1-11.)
 
11    (225 ILCS 410/3E-5)
12    (Section scheduled to be repealed on January 1, 2016)
13    Sec. 3E-5. License renewal. To renew a license issued under
14this Article, an individual must produce proof of successful
15completion of 10 hours of continuing education for a hair
16braider license and 20 hours of continuing education for a hair
17braiding teacher license.
18    A license that has been expired for more than 5 years may
19be restored by payment of the restoration fee and submitting
20evidence satisfactory to the Department of the current
21qualifications and fitness of the licensee, which shall include
22completion of continuing education hours for the period
23subsequent to expiration. The Department may establish
24additional rules for the administration of this Section and
25other requirements for the renewal of a hair braider or hair

 

 

09900HB1424ham001- 54 -LRB099 06559 MLM 33194 a

1braiding teacher license issued under this Act.
2(Source: P.A. 96-1246, eff. 1-1-11.)
 
3    (225 ILCS 410/3E-7 new)
4    Sec. 3E-7. Inactive status. Any hair braider or hair
5braiding teacher who notifies the Department in writing on
6forms prescribed by the Department may elect to place his or
7her license on inactive status and shall, subject to rules of
8the Department, be excused from payment of renewal fees until
9he or she notifies the Department in writing of his or her
10desire to resume active status.
11    Any hair braider or hair braiding teacher requesting
12restoration from inactive status shall be required to pay the
13current renewal fee and to qualify for the restoration of his
14or her license, subject to rules of the Department. A license
15shall not be restored from inactive status unless the hair
16braider or hair braiding teacher requesting the restoration
17completes the number of hours of continuing education required
18for renewal of a license under Section 3E-5.
19    Any hair braider or hair braiding teacher whose license is
20in inactive status shall not practice in the State of Illinois.
 
21    (225 ILCS 410/4-2)  (from Ch. 111, par. 1704-2)
22    (Section scheduled to be repealed on January 1, 2016)
23    Sec. 4-2. The Barber, Cosmetology, Esthetics, Hair
24Braiding, and Nail Technology Board. There is established

 

 

09900HB1424ham001- 55 -LRB099 06559 MLM 33194 a

1within the Department the Barber, Cosmetology, Esthetics, Hair
2Braiding, and Nail Technology Board, composed of 11 persons,
3which shall serve in an advisory capacity to the Secretary in
4all matters related to the practice of barbering, cosmetology,
5esthetics, hair braiding, and nail technology.
6    The 11 members of the Board shall be appointed as follows:
76 licensed cosmetologists, all of whom hold a current license
8as a cosmetologist or cosmetology teacher and, for appointments
9made after the effective date of this amendatory Act of 1996,
10at least 2 of whom shall be an owner of or a major stockholder
11in a school of cosmetology, 2 of whom shall be representatives
12of either a franchiser or an owner operating salons in 2 or
13more locations within the State, one of whom shall be an
14independent salon owner, and no one of the cosmetologist
15members shall be a manufacturer, jobber, or stockholder in a
16factory of cosmetology articles or an immediate family member
17of any of the above; one of whom shall be a barber holding a
18current license; one member who shall be a licensed esthetician
19or esthetics teacher; one member who shall be a licensed nail
20technician or nail technology teacher; one member who shall be
21a licensed hair braider or hair braiding teacher; and one
22public member who holds no licenses issued by the Department.
23The Secretary shall give due consideration for membership to
24recommendations by members of the professions and by their
25professional organizations. Members shall serve 4 year terms
26and until their successors are appointed and qualified. No

 

 

09900HB1424ham001- 56 -LRB099 06559 MLM 33194 a

1member shall be reappointed to the Board for more than 2 terms.
2Appointments to fill vacancies shall be made in the same manner
3as original appointments for the unexpired portion of the
4vacated term. Members of the Board in office on the effective
5date of this amendatory Act of 1996 shall continue to serve for
6the duration of the terms to which they have been appointed,
7but beginning on that effective date all appointments of
8licensed cosmetologists and barbers to serve as members of the
9Board shall be made in a manner that will effect at the
10earliest possible date the changes made by this amendatory Act
11of 1996 in the representative composition of the Board.
12    For the initial appointment of a member who shall be a hair
13braider or hair braiding teacher to the Board, such individual
14shall not be required to possess a license at the time of
15appointment, but shall have at least 5 years active practice in
16the field of hair braiding and shall obtain a license as a hair
17braider or a hair braiding teacher within 18 months after
18appointment to the Board.
19    Six members of the Board shall constitute a quorum. A
20majority is required for Board decisions.
21    The Board shall elect a chairperson and a vice chairperson
22annually.
23    Board members are not liable for their acts, omissions,
24decisions, or other conduct in connection with their duties on
25the Board, except those determined to be willful, wanton, or
26intentional misconduct.

 

 

09900HB1424ham001- 57 -LRB099 06559 MLM 33194 a

1    Whenever the Secretary is satisfied that substantial
2justice has not been done in an examination, the Secretary may
3order a reexamination by the same or other examiners.
4(Source: P.A. 96-1246, eff. 1-1-11.)
 
5    (225 ILCS 410/4-5)  (from Ch. 111, par. 1704-5)
6    (Section scheduled to be repealed on January 1, 2016)
7    Sec. 4-5. Fees; time limitations.
8    (a) Except as provided in paragraph (b) below, the fees for
9the administration and enforcement of this Act, including but
10not limited to fees for original licensure, renewal, and
11restoration shall be set by the Department by rule. The fees
12shall not be refundable.
13    (b) Applicants for examination shall be required to pay,
14either to the Department or the designated testing service, a
15fee covering the cost of initial screening to determine
16eligibility and providing the examination. Failure to appear
17for the examination on the scheduled date at the time and place
18specified, after the applicant's application for examination
19has been received and acknowledged by the Department or the
20designated testing service, shall result in the forfeiture of
21the examination fee.
22    (c) If an applicant fails to pass an examination for
23licensure under this Act within 3 years after filing his
24application, the application shall be denied. However, such
25applicant may thereafter make a new application for examination

 

 

09900HB1424ham001- 58 -LRB099 06559 MLM 33194 a

1accompanied by the required fee.
2    (d) An individual applying on the basis of endorsement or
3restoration of licensure has 3 years from the date of
4application to complete the application process. If the process
5has not been completed in 3 years, the application shall be
6denied, the fee forfeited. The applicant may reapply, but shall
7meet the requirements in effect at the time of reapplication.
8    (e) An applicant has one year from the date of notification
9of successful completion of the examination to apply to the
10Department for a license. If an applicant fails to apply within
11one year the applicant shall be required to take and pass the
12examination again.
13(Source: P.A. 89-387, eff. 1-1-96.)
 
14    (225 ILCS 410/4-7)  (from Ch. 111, par. 1704-7)
15    (Section scheduled to be repealed on January 1, 2016)
16    Sec. 4-7. Refusal, suspension and revocation of licenses;
17causes; disciplinary action.
18    (1) The Department may refuse to issue or renew, and may
19suspend, revoke, place on probation, reprimand or take any
20other disciplinary or non-disciplinary action as the
21Department may deem proper, including civil penalties not to
22exceed $500 for each violation, with regard to any license for
23any one, or any combination, of the following causes:
24        a. Conviction of any crime under the laws of the United
25    States or any state or territory thereof that is (i) a

 

 

09900HB1424ham001- 59 -LRB099 06559 MLM 33194 a

1    felony, (ii) a misdemeanor, an essential element of which
2    is dishonesty, or (iii) a crime which is related to the
3    practice of the profession.
4        b. Conviction of any of the violations listed in
5    Section 4-20.
6        c. Material misstatement in furnishing information to
7    the Department.
8        d. Making any misrepresentation for the purpose of
9    obtaining a license or violating any provision of this Act
10    or its rules.
11        e. Aiding or assisting another person in violating any
12    provision of this Act or its rules.
13        f. Failing, within 60 days, to provide information in
14    response to a written request made by the Department.
15        g. Discipline by another state, territory, or country
16    if at least one of the grounds for the discipline is the
17    same as or substantially equivalent to those set forth in
18    this Act.
19        h. Practice in the barber, nail technology, esthetics,
20    hair braiding, or cosmetology profession, or an attempt to
21    practice in those professions, by fraudulent
22    misrepresentation.
23        i. Gross malpractice or gross incompetency.
24        j. Continued practice by a person knowingly having an
25    infectious or contagious disease.
26        k. Solicitation of professional services by using

 

 

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1    false or misleading advertising.
2        l. A finding by the Department that the licensee, after
3    having his or her license placed on probationary status,
4    has violated the terms of probation.
5        m. Directly or indirectly giving to or receiving from
6    any person, firm, corporation, partnership or association
7    any fee, commission, rebate, or other form of compensation
8    for any professional services not actually or personally
9    rendered.
10        n. Violating any of the provisions of this Act or rules
11    adopted pursuant to this Act.
12        o. Willfully making or filing false records or reports
13    relating to a licensee's practice, including but not
14    limited to, false records filed with State agencies or
15    departments.
16        p. Habitual or excessive use or addiction to alcohol,
17    narcotics, stimulants, or any other chemical agent or drug
18    that results in the inability to practice with reasonable
19    judgment, skill or safety.
20        q. Engaging in dishonorable, unethical or
21    unprofessional conduct of a character likely to deceive,
22    defraud, or harm the public as may be defined by rules of
23    the Department, or violating the rules of professional
24    conduct which may be adopted by the Department.
25        r. Permitting any person to use for any unlawful or
26    fraudulent purpose one's diploma or license or certificate

 

 

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1    of registration as a cosmetologist, nail technician,
2    esthetician, hair braider, or barber or cosmetology, nail
3    technology, esthetics, hair braiding, or barber teacher or
4    salon or shop or cosmetology clinic teacher.
5        s. Being named as a perpetrator in an indicated report
6    by the Department of Children and Family Services under the
7    Abused and Neglected Child Reporting Act and upon proof by
8    clear and convincing evidence that the licensee has caused
9    a child to be an abused child or neglected child as defined
10    in the Abused and Neglected Child Reporting Act.
11        t. Operating a salon or shop without a valid
12    registration.
13        u. Failure to complete required continuing education
14    hours.
15    (2) In rendering an order, the Secretary shall take into
16consideration the facts and circumstances involving the type of
17acts or omissions in paragraph (1) of this Section including,
18but not limited to:
19        (a) the extent to which public confidence in the
20    cosmetology, nail technology, esthetics, hair braiding, or
21    barbering profession was, might have been, or may be,
22    injured;
23        (b) the degree of trust and dependence among the
24    involved parties;
25        (c) the character and degree of harm which did result
26    or might have resulted;

 

 

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1        (d) the intent or mental state of the licensee at the
2    time of the acts or omissions.
3    (3) The Department may shall reissue the license or
4registration upon certification by the Board that the
5disciplined licensee or registrant has complied with all of the
6terms and conditions set forth in the final order or has been
7sufficiently rehabilitated to warrant the public trust.
8    (4) The Department shall refuse to issue or renew or
9suspend without hearing the license or certificate of
10registration of any person who fails to file a return, or to
11pay the tax, penalty or interest shown in a filed return, or to
12pay any final assessment of tax, penalty or interest, as
13required by any tax Act administered by the Illinois Department
14of Revenue, until such time as the requirements of any such tax
15Act are satisfied as determined by the Department of Revenue.
16    (5) The Department shall deny without hearing any
17application for a license or renewal of a license under this
18Act by a person who has defaulted on an educational loan
19guaranteed by the Illinois Student Assistance Commission;
20however, the Department may issue or renew a license if the
21person in default has established a satisfactory repayment
22record as determined by the Illinois Student Assistance
23Commission.
24    (6) All fines imposed under this Section shall be paid
25within 60 days after the effective date of the order imposing
26the fine or in accordance with the terms set forth in the order

 

 

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1imposing the fine.
2(Source: P.A. 98-911, eff. 1-1-15.)
 
3    (225 ILCS 410/4-9)  (from Ch. 111, par. 1704-9)
4    (Section scheduled to be repealed on January 1, 2016)
5    Sec. 4-9. Practice without a license or after suspension or
6revocation thereof.
7    (a) If any person violates the provisions of this Act, the
8Secretary may, in the name of the People of the State of
9Illinois, through the Attorney General of the State of
10Illinois, petition, for an order enjoining such violation or
11for an order enforcing compliance with this Act. Upon the
12filing of a verified petition in such court, the court may
13issue a temporary restraining order, without notice or bond,
14and may preliminarily and permanently enjoin such violation,
15and if it is established that such person has violated or is
16violating the injunction, the Court may punish the offender for
17contempt of court. Proceedings under this Section shall be in
18addition to, and not in lieu of, all other remedies and
19penalties provided by this Act.
20    (b) If any person shall practice as a barber,
21cosmetologist, nail technician, hair braider, or esthetician,
22or teacher thereof or cosmetology clinic teacher or hold
23himself or herself out as such without being licensed under the
24provisions of this Act, any licensee, any interested party, or
25any person injured thereby may, in addition to the Secretary,

 

 

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1petition for relief as provided in subsection (a) of this
2Section.
3    (c) Whenever in the opinion of the Department any person,
4firm, corporation, or other legal entity has violated violates
5any provision of Sections 1-7 or 3D-5 of this Act, the
6Department may issue a rule to show cause why an order to cease
7and desist should not be entered against that person, firm,
8corporation, or legal entity him. The rule shall clearly set
9forth the grounds relied upon by the Department and shall
10provide a period of 7 days from the date of the rule to file an
11answer to the satisfaction of the Department. Failure to answer
12to the satisfaction of the Department shall cause an order to
13cease and desist to be issued immediately.
14(Source: P.A. 98-911, eff. 1-1-15.)
 
15    (225 ILCS 410/4-10)  (from Ch. 111, par. 1704-10)
16    (Section scheduled to be repealed on January 1, 2016)
17    Sec. 4-10. Refusal, suspension and revocation of licenses;
18investigations and hearing. The Department may upon its own
19motion and shall, upon the verified complaint in writing of any
20person setting forth the facts which if proven would constitute
21grounds for disciplinary action as set forth in Section 4-7,
22investigate the actions of any person holding or claiming to
23hold a license. The Department shall, at least 30 days prior to
24the date set for the hearing, notify in writing the applicant
25or the holder of that license of any charges made and shall

 

 

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1afford the accused person an opportunity to be heard in person
2or by counsel in reference thereto. The Department shall direct
3the applicant or licensee to file a written answer to the Board
4under oath within 20 days after the service of the notice and
5inform the applicant or licensee that failure to file an answer
6will result in default being taken against the applicant or
7licensee and that the license may be suspended, revoked, placed
8on probationary status, or other disciplinary action may be
9taken, including limiting the scope, nature or extent of
10practice, as the Secretary may deem proper. The written notice
11may be served by the delivery of the notice personally to the
12accused person, or by mailing the notice by registered or
13certified mail to the address of record place of business last
14specified by the accused person in his last notification to the
15Department. In case the person fails to file an answer after
16receiving notice, his or her license or certificate may, in the
17discretion of the Department be suspended, revoked, or placed
18on probationary status, or the Department, may take whatever
19disciplinary action deemed proper, including limiting the
20scope, nature, or extent of the person's practice or the
21imposition of a fine, without a hearing, if the act or acts
22charged constitute sufficient grounds for such action under
23this Act. At the time and place fixed in the notice, the Board
24shall proceed to hearing of the charges and the accused person
25shall be accorded ample opportunity to present in person or by
26counsel, any statements, testimony, evidence and arguments as

 

 

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1may be pertinent to the charges or their defense. The Board may
2continue a hearing from time to time.
3(Source: P.A. 98-911, eff. 1-1-15.)
 
4    (225 ILCS 410/4-13)  (from Ch. 111, par. 1704-13)
5    (Section scheduled to be repealed on January 1, 2016)
6    Sec. 4-13. Attendance of witnesses and production of
7documents. Any circuit court or any judge thereof, upon the
8application of the accused person or complainant or of the
9Department, may by order duly entered, require the attendance
10of witnesses and the production of relevant books and papers
11before the Department in any hearing relative to the
12application for or refusal, recall, suspension or revocation of
13license, and the court or judge may compel obedience to its or
14his order by proceedings for contempt.
15(Source: P.A. 89-387, eff. 1-1-96.)
 
16    (225 ILCS 410/4-14)  (from Ch. 111, par. 1704-14)
17    (Section scheduled to be repealed on January 1, 2016)
18    Sec. 4-14. Report of Board; rehearing. The Board shall
19present to the Secretary its written report of its findings and
20recommendations. A copy of such report shall be served upon the
21accused person, either personally or by registered mail as
22provided in this Section for the service of the notice
23citation. Within 20 days after such service, said accused
24person may present to the Department his or her motion in

 

 

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1writing for rehearing, which written motion shall specify the
2particular grounds therefor. If said accused person shall order
3and pay for a transcript of the record as provided in this
4Section, the time elapsing thereafter and before such
5transcript is ready for delivery to him or her shall not be
6counted as part of such 20 days. Whenever the Secretary is
7satisfied that substantial justice has not been done, he or she
8may order a re-hearing by the same or a special committee. At
9the expiration of the time specified for filing a motion or a
10rehearing the Secretary shall have the right to take the action
11recommended by the Board. Upon the suspension or revocation of
12his or her license a licensee shall be required to surrender
13his or her license to the Department, and upon his or her
14failure or refusal so to do, the Department shall have the
15right to seize the same.
16(Source: P.A. 98-911, eff. 1-1-15.)
 
17    (225 ILCS 410/4-15)  (from Ch. 111, par. 1704-15)
18    (Section scheduled to be repealed on January 1, 2016)
19    Sec. 4-15. Hearing officer. Notwithstanding the
20provisions of Section 4-10, the Secretary shall have the
21authority to appoint any attorney duly licensed to practice law
22in the State of Illinois to serve as the hearing officer in any
23action for refusal to issue or renew, or discipline of a
24license. The hearing officer shall have full authority to
25conduct the hearing. The hearing officer shall report his or

 

 

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1her findings and recommendations to the Board and the
2Secretary. The Board shall have 60 days from receipt of the
3report to review the report of the hearing officer and present
4their findings of fact, conclusions of law, and recommendations
5to the Secretary. If the Board fails to present its report
6within the 60 day period, then the Secretary shall issue an
7order based on the report of the hearing officer. If the
8Secretary disagrees in any regard with determines that the
9Board's report is contrary to the manifest weight of the
10evidence, then he or she may issue an order in contravention of
11the Board's report.
12(Source: P.A. 98-911, eff. 1-1-15.)
 
13    (225 ILCS 410/4-16)  (from Ch. 111, par. 1704-16)
14    (Section scheduled to be repealed on January 1, 2016)
15    Sec. 4-16. Order or certified copy; prima facie proof. An
16order of revocation or suspension or placing a license on
17probationary status or other disciplinary action as the
18Department may consider proper or a certified copy thereof,
19over the seal of the Department and purporting to be signed by
20the Secretary, shall be prima facie proof that:
21        1. the signature is the genuine signature of the
22    Secretary;
23        2. the Secretary is duly appointed and qualified; and
24        3. the Board and the members thereof are qualified to
25    act.

 

 

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1Such proof may be rebutted.
2(Source: P.A. 98-911, eff. 1-1-15.)
 
3    (225 ILCS 410/4-17)  (from Ch. 111, par. 1704-17)
4    (Section scheduled to be repealed on January 1, 2016)
5    Sec. 4-17. Restoration of license. At any time after the
6successful completion of a term of suspension or revocation of
7a license, the Department may restore it to the licensee, upon
8the written recommendation of the Board, unless the Board
9determines after an investigation and a hearing that
10restoration is not in the public interest.
11(Source: P.A. 98-911, eff. 1-1-15.)
 
12    (225 ILCS 410/4-18.5 new)
13    Sec. 4-18.5. Citations.
14    (a) The Department shall adopt rules to permit the issuance
15of citations for unlicensed practice, practice on an expired
16license, failure to register a salon or shop, operating a salon
17or shop on an expired registration, aiding and abetting
18unlicensed practice, failure to display a license as required
19by this Act, or any violation of sanitary rules. The citation
20shall be issued to the licensee or other person alleged to have
21committed one or more of the preceding violations and shall
22contain the licensee's or other person's name and address, the
23licensee's license number, if any, a brief factual statement,
24the Sections of this Act or the rules allegedly violated, and

 

 

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1the penalty imposed, which shall not exceed $500. The citation
2must clearly state that if the cited person wishes to dispute
3the citation, he or she may request in writing, within 30 days
4after the citation is served, a hearing before the Department.
5If the cited person does not request a hearing within 30 days
6after the citation is served, then the citation shall become a
7final order and shall constitute discipline and any fine
8imposed is due and payable. If the cited person requests a
9hearing within 30 days after the citation is served, the
10Department shall afford the cited person a hearing conducted in
11the same manner as a hearing provided in this Act for any
12violation of this Act and shall determine whether the cited
13person committed the violation as charged whether the fine as
14levied is warranted. No fine shall be increased but may be
15reduced. If the violation is found, any fine shall be due and
16payable within 30 days of the order of the Secretary. Failure
17to comply with any final order may subject the licensee or
18unlicensed person to further discipline or other action by the
19Department or a referral to the State's Attorney.
20    (b) A citation must be issued within 6 months after the
21reporting of a violation that is the basis for the citation.
22    (c) Service of a citation shall be made by personal service
23or certified mail to the licensee at the licensee's address of
24record or to an unlicensed person at his or her last known
25address.
26    (d) Nothing in this Section shall prohibit or limit the

 

 

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1Department from taking further action pursuant to this Act and
2rules for additional, repeated, or continuing violations.
 
3    (225 ILCS 410/4-25 new)
4    Sec. 4-25. Disposition by consent order. At any point in
5any investigation or disciplinary proceeding provided for in
6this Act, both parties may agree to a negotiated consent order.
7The consent order shall be final upon signature of the
8Secretary.
 
9    (225 ILCS 410/1-9 rep.)
10    (225 ILCS 410/2-4a rep.)
11    (225 ILCS 410/3-8 rep.)
12    (225 ILCS 410/3A-7 rep.)
13    (225 ILCS 410/3C-9 rep.)
14    (225 ILCS 410/3E-4 rep.)
15    (225 ILCS 410/4-4a rep.)
16    (225 ILCS 410/4-18 rep.)
17    (225 ILCS 410/4-23 rep.)
18    Section 15. The Barber, Cosmetology, Esthetics, Hair
19Braiding, and Nail Technology Act of 1985 is amended by
20repealing Sections 1-9, 2-4a, 3-8, 3A-7, 3C-9, 3E-4, 4-4a,
214-18, and 4-23.
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".