Full Text of SB0749 99th General Assembly
SB0749sam001 99TH GENERAL ASSEMBLY | Sen. Iris Y. Martinez Filed: 3/9/2015
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| 1 | | AMENDMENT TO SENATE BILL 749
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 749 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Regulatory Sunset Act is amended by | 5 | | changing Section 4.26 and by adding Section 4.36 as follows: | 6 | | (5 ILCS 80/4.26)
| 7 | | Sec. 4.26. Acts repealed on January 1, 2016. The following | 8 | | Acts are repealed on January 1, 2016: | 9 | | The Illinois Athletic Trainers Practice Act.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 | 14 | | Nail 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; | 4 | | 96-1246, eff. 1-1-11.) | 5 | | (5 ILCS 80/4.36 new) | 6 | | Sec. 4.36. Act repealed on January 1, 2026. The following | 7 | | Act is repealed on January 1, 2026: | 8 | | The Professional Geologist Licensing Act. | 9 | | Section 10. The Professional Geologist Licensing Act is | 10 | | amended by changing Sections 15, 25, 30, 35, 50, 60, 65, 75, | 11 | | 80, 90, 95, 100, 110, 120, 125, 130, 135, 145, 155, 162, 165, | 12 | | and 170 and by adding Section 180 as follows:
| 13 | | (225 ILCS 745/15)
| 14 | | (Section scheduled to be repealed on January 1, 2016)
| 15 | | Sec. 15. Definitions. In this Act:
| 16 | | "Address of record" means the designated address recorded | 17 | | by the Department in the applicant's application file or the | 18 | | licensee's license file, as maintained by the Department's | 19 | | licensure maintenance unit. | 20 | | "Board" means the Board of Licensing for Professional | 21 | | Geologists.
| 22 | | "Department" means the Department of Financial and | 23 | | Professional Regulation.
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| 1 | | "Geologist" means an individual who, by reason of his or | 2 | | her knowledge of
geology, mathematics, and the physical and | 3 | | life sciences, acquired by education
and practical experience | 4 | | as defined by this Act, is capable of practicing the
science of | 5 | | geology.
| 6 | | "Geology" means the science that includes the treatment of | 7 | | the earth and its
origin and history including, but not limited | 8 | | to, (i) the investigation of the
earth's crust and
interior and | 9 | | the solids and fluids, including all surface and
underground | 10 | | waters, gases, and other materials that compose the earth as | 11 | | they
may relate to geologic processes; (ii) the study of the | 12 | | natural agents, forces,
and
processes that cause changes in the | 13 | | earth; and (iii) the utilization of this
knowledge of the earth | 14 | | and its solids, fluids, and gases, and their collective
| 15 | | properties and processes, for the benefit of humankind.
| 16 | | "Person" or "individual" means a natural person.
| 17 | | "Practice of professional geology" means the performance | 18 | | of,
or the offer to perform, the services of a geologist, | 19 | | including consultation,
investigation, evaluation, planning, | 20 | | mapping, inspection of geologic work, and
other services that | 21 | | require extensive knowledge of geologic laws, formulas,
| 22 | | principles, practice, and methods of data interpretation.
| 23 | | A person shall be construed to practice or offer to | 24 | | practice professional
geology, within the meaning and intent of | 25 | | this Act, if that person (i) by
verbal claim, sign,
| 26 | | advertisement, letterhead, card, or any other means, |
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| 1 | | represents himself or
herself
to be a Licensed Professional | 2 | | Geologist or through the use of some title implies
that he or | 3 | | she is a Licensed Professional Geologist or is licensed under | 4 | | this
Act or (ii) holds himself or herself out as able to | 5 | | perform or does perform
services or work defined in this Act as | 6 | | the practice of
professional geology.
| 7 | | Examples of the practice of professional geology include, | 8 | | but are not limited
to, the
conduct of, or responsible charge | 9 | | for, the following types of activities: (i)
mapping,
sampling,
| 10 | | and analysis of earth materials, interpretation of data, and | 11 | | the preparation of
oral or written testimony regarding the | 12 | | probable geological causes of
events;
(ii) planning, review, | 13 | | and supervision of data gathering activities,
interpretation | 14 | | of geological data gathered by direct and indirect means,
| 15 | | preparation and interpretation of geological maps, | 16 | | cross-sections, interpretive maps and reports
for the purpose | 17 | | of determining regional or site specific geological | 18 | | conditions;
(iii) the planning, review, and supervision of data
| 19 | | gathering activities and interpretation of data on regional or | 20 | | site specific
geological characteristics affecting | 21 | | groundwater;
(iv) the interpretation of
geological conditions | 22 | | on the surface of the Earth and at depth in the Earth for the | 23 | | purpose of determining whether those conditions
correspond to a | 24 | | geologic map of the site or a legally specified geological | 25 | | requirement for the site; and (v) the conducting of
| 26 | | environmental property audits.
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| 1 | | "Licensed Professional Geologist" means an individual who | 2 | | is licensed under
this Act to engage in the practice of | 3 | | professional geology in
Illinois.
| 4 | | "Responsible charge" means the independent control and | 5 | | direction, by use of
initiative, skill, and independent | 6 | | judgment, of geological work or the
supervision of that work. | 7 | | "Secretary" means the Secretary of Financial and | 8 | | Professional Regulation.
| 9 | | (Source: P.A. 96-666, eff. 8-25-09; 96-1327, eff. 7-27-10.)
| 10 | | (225 ILCS 745/25)
| 11 | | (Section scheduled to be repealed on January 1, 2016)
| 12 | | Sec. 25. Restrictions and limitations. No person shall, | 13 | | without a valid
license issued by the Department (i) in any | 14 | | manner hold himself or herself out
to the public as a Licensed | 15 | | Professional Geologist; (ii)
attach the title "Licensed | 16 | | Professional Geologist" to his or her name; or
(iii) render or | 17 | | offer
to render to individuals, corporations, or public | 18 | | agencies services
constituting the practice of professional | 19 | | geology.
| 20 | | Individuals practicing geology in Illinois as of the | 21 | | effective
date of this amendatory Act of 1997 may continue to | 22 | | practice as provided in
this Act until the Department has | 23 | | adopted rules implementing this Act. To
continue practicing | 24 | | geology after the adoption of rules, individuals shall
apply | 25 | | for licensure within 180 days after the effective date of the |
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| 1 | | rules. If
an application is received during the 180-day period, | 2 | | the individual may
continue to practice until the Department | 3 | | acts to grant or deny licensure. If
an application is not filed | 4 | | within the 180-day period, the individual must
cease the | 5 | | practice of geology at the conclusion of the 180-day period and | 6 | | until
the Department acts to grant a license to
the individual.
| 7 | | (Source: P.A. 96-1327, eff. 7-27-10.)
| 8 | | (225 ILCS 745/30)
| 9 | | (Section scheduled to be repealed on January 1, 2016)
| 10 | | Sec. 30. Powers and duties of the Department. Subject to | 11 | | the provisions
of this Act, the Department may:
| 12 | | (a) Authorize examinations to ascertain the qualifications | 13 | | and fitness of
applicants for licensing as a Licensed | 14 | | Professional Geologist or as a Licensed Specialty Geologist, as | 15 | | defined by the Board, and pass upon the qualifications
of | 16 | | applicants for licensure by endorsement.
| 17 | | (b) Conduct hearings on proceedings to refuse to issue or | 18 | | renew licenses or to revoke ,
licenses or suspend, place on | 19 | | probation, or reprimand , or take any other disciplinary or | 20 | | non-disciplinary action against licenses issued persons | 21 | | licensed
under this Act , and to refuse to issue or renew or to | 22 | | revoke licenses, or
suspend, place on probation, or reprimand | 23 | | persons licensed under this
Act .
| 24 | | (c) Formulate rules required for the administration of this
| 25 | | Act.
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| 1 | | (d) Obtain written recommendations from the Board | 2 | | regarding (i) definitions
of
curriculum content and approval of | 3 | | geological curricula, standards of
professional conduct, and | 4 | | formal disciplinary actions and the formulation of
rules | 5 | | affecting these matters and (ii) when petitioned by the | 6 | | applicant,
opinions
regarding the qualifications of applicants | 7 | | for licensing.
| 8 | | (e) Maintain rosters of the names and addresses of all | 9 | | licensees, and all
persons whose licenses have been suspended, | 10 | | revoked, or denied renewal , or otherwise disciplined for
cause | 11 | | within the previous calendar year. These rosters shall be | 12 | | available upon
written request and payment of the required fee.
| 13 | | (Source: P.A. 96-1327, eff. 7-27-10.)
| 14 | | (225 ILCS 745/35)
| 15 | | (Section scheduled to be repealed on January 1, 2016)
| 16 | | Sec. 35. Board of Licensing for Professional Geologists; | 17 | | members;
qualifications; duties. | 18 | | (a) The Secretary Director shall appoint a Board of | 19 | | Licensing
for
Professional Geologists which shall serve in an | 20 | | advisory capacity to the
Secretary Director . The Board shall be | 21 | | composed of 8 persons, 7 of whom shall be voting
members | 22 | | appointed by the Secretary Director , who shall give due | 23 | | consideration to
recommendations by members of the profession | 24 | | of geology and of geology
organizations within the State. In | 25 | | addition, the State Geologist or his
or her
designated |
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| 1 | | representative, shall be an advisory, non-voting member of the
| 2 | | Board.
| 3 | | (b) Insofar as possible, the geologists appointed to serve
| 4 | | on the Board shall be generally representative of the | 5 | | occupational and
geographical distribution
of geologists | 6 | | within this State.
| 7 | | (c) Of the 7 appointed voting members of the Board, 6 shall | 8 | | be geologists
and one shall be a member of the general public | 9 | | with no family or business
connection with the practice of | 10 | | geology.
| 11 | | (d) Each of the first appointed geologist members of the | 12 | | Board shall have at
least 10 years of active geological | 13 | | experience and shall possess the education
and experience | 14 | | required for licensure. Each subsequently appointed
geologist | 15 | | member of the Board shall be a Licensed Professional Geologist | 16 | | licensed
under this Act with at least 10 years of experience .
| 17 | | (e) Voting members shall be appointed to 4-year terms. | 18 | | Partial terms of over 2 years in length shall be considered | 19 | | full terms. Of the initial appointments, the Director shall | 20 | | appoint 3 voting members
for a term of
4 years, 2 voting | 21 | | members for a term of 3 years, and 2 voting members for a
term | 22 | | of 2 years. Thereafter, voting members shall be appointed for | 23 | | 4-year
terms. Terms shall commence on the 3rd Monday in | 24 | | January.
| 25 | | (f) Members shall hold office until the expiration of their | 26 | | terms or until
their successors have been appointed and have |
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| 1 | | qualified.
| 2 | | (g) No voting member of the Board shall serve more than 2 | 3 | | consecutive full
terms.
| 4 | | (h) Vacancies in the membership of the Board shall be | 5 | | filled by appointment
for the remainder of the unexpired term.
| 6 | | (i) The Secretary Director may remove or suspend any | 7 | | appointed member of the Board for cause at
any time before the | 8 | | expiration of his or her term. The Secretary shall be the sole | 9 | | arbiter of cause.
| 10 | | (j) The Board shall annually elect one of its members as | 11 | | chairperson and one of its members as vice-chair .
| 12 | | (k) The members of the Board shall be reimbursed for all | 13 | | legitimate
and necessary expenses authorized by the Department | 14 | | incurred in attending the
meetings of the
Board.
| 15 | | (l) The Board may make recommendations to the Secretary | 16 | | Director to establish the
examinations and their method of | 17 | | grading.
| 18 | | (m) The Board may submit written recommendations to the | 19 | | Secretary Director concerning
formulation of rules and a Code | 20 | | of Professional Conduct and Ethics. The Board
may recommend or | 21 | | endorse revisions and amendments to the Code and to the
rules | 22 | | from time to time.
| 23 | | (n) The Board may make recommendations on matters relating | 24 | | to continuing
education of Licensed Professional Geologists, | 25 | | including the number of hours
necessary for license renewal, | 26 | | waivers for those unable to meet that
requirement, and |
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| 1 | | acceptable course content. These recommendations shall not
| 2 | | impose an undue burden on the Department or an unreasonable | 3 | | restriction on
those seeking a license renewal. | 4 | | (o) Four voting Board members constitutes a quorum. A | 5 | | quorum is required for all Board decisions.
| 6 | | (Source: P.A. 96-666, eff. 8-25-09; 96-1327, eff. 7-27-10.)
| 7 | | (225 ILCS 745/50)
| 8 | | (Section scheduled to be repealed on January 1, 2016)
| 9 | | Sec. 50. Qualifications for licensure.
| 10 | | (a) The Department may issue a license to practice as a | 11 | | Licensed Professional Geologist to any applicant who meets the | 12 | | following qualifications:
| 13 | | (1) The applicant has completed an application form and | 14 | | paid the
required fees.
| 15 | | (2) The applicant is of good ethical character, | 16 | | including compliance with
the Code of Professional Conduct | 17 | | and Ethics under this Act, and
has not
committed any act or | 18 | | offense in any jurisdiction that would constitute the
basis | 19 | | for disciplining a Licensed Professional Geologist under | 20 | | this Act.
| 21 | | (3) The applicant has earned a degree in geology from | 22 | | an accredited
college or university, as established by | 23 | | rule, with a minimum of 30 semester or
45 quarter hours of
| 24 | | course credits in geology, of which 24 semester or 36 | 25 | | quarter hours are in
upper level courses. The Department |
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| 1 | | may, upon the recommendation of the
Board, allow the | 2 | | substitution of
appropriate experience as a geologist for | 3 | | prescribed educational requirements
as established by | 4 | | rule.
| 5 | | (4) The applicant has a documented record of a minimum | 6 | | of 4 years of
professional experience, obtained after | 7 | | completion of the education
requirements specified in this | 8 | | Section, in geologic or directly related work,
| 9 | | demonstrating that the applicant is qualified to assume | 10 | | responsible charge of
such work upon licensure as a | 11 | | Licensed Professional Geologist or such specialty of
| 12 | | professional geology that the
Board may recommend and the | 13 | | Department may recognize. The Department may
require | 14 | | evidence acceptable to it that up to 2 years of | 15 | | professional experience
have been gained under the | 16 | | supervision of a person licensed under this Act or
similar | 17 | | Acts in any other state, or under the supervision of others | 18 | | who, in the
opinion of the Department, are qualified to | 19 | | have responsible charge of
geological work under this Act.
| 20 | | (5) The applicant has passed an examination authorized | 21 | | by the Department
for practice as a Licensed Professional | 22 | | Geologist.
| 23 | | (6) The applicant has complied with all other | 24 | | requirements of this Act and
rules established for the | 25 | | implementation of this Act.
| 26 | | (b) A license to practice as a Licensed Professional |
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| 1 | | Geologist shall not be denied any
applicant because of the | 2 | | applicant's race, religion, creed, national origin,
political | 3 | | beliefs or activities, age, sex, sexual orientation, or | 4 | | physical
impairment.
| 5 | | (c) The Department may establish by rule an intern process | 6 | | to, in part, allow (1) a graduate who has earned a degree in | 7 | | geology from an accredited college or university in accordance | 8 | | with this Act or (2) a student in a degree program at an | 9 | | accredited college or university who has completed the | 10 | | necessary course requirements established in this Section to | 11 | | request to take one or both parts of the examination required | 12 | | by the Department without first submitting a formal application | 13 | | to the Department for licensure as a Licensed Professional | 14 | | Geologist . The Department may set by rule the criteria for the | 15 | | intern process, including, but not limited to, the educational | 16 | | requirements, exam requirements, experience requirements, | 17 | | remediation requirements, and any fees or applications | 18 | | required for the process. The Department may also set by rule | 19 | | provisions concerning disciplinary guidelines and the use of | 20 | | the title "intern" or "trainee" by a graduate or student who | 21 | | has passed the required examination. | 22 | | (Source: P.A. 96-666, eff. 8-25-09; 96-1327, eff. 7-27-10.)
| 23 | | (225 ILCS 745/60)
| 24 | | (Section scheduled to be repealed on January 1, 2016)
| 25 | | Sec. 60. Seals.
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| 1 | | (a) Upon licensure, each licensee shall obtain a seal of a | 2 | | design
as required by rule bearing the licensee's
name, license | 3 | | number, and the legend "Licensed
Professional Geologist".
| 4 | | (b) All preliminary, draft, and final geologic reports, | 5 | | documents,
permits, affidavits, maps, boring logs, cross | 6 | | sections,
or other records offered to the public and prepared | 7 | | or issued by or under the
supervision of a Licensed | 8 | | Professional Geologist shall include the full name,
signature, | 9 | | and license number of the licensee, and the date of license
| 10 | | expiration of the person who prepared the document or under | 11 | | whose supervision
it was prepared, and an impression of the | 12 | | licensee's seal, in accordance with
rules issued by the | 13 | | Department.
| 14 | | (c) The Licensed Professional Geologist who has contract | 15 | | responsibility
shall seal a cover sheet of the professional | 16 | | work products and those
individual portions of the professional | 17 | | work products for which the Licensed Professional Geologist is | 18 | | legally and professionally responsible. A Licensed | 19 | | Professional Geologist practicing as the support professional | 20 | | shall seal those individual
portions of professional work | 21 | | products for which that Licensed Professional Geologist is | 22 | | legally and professionally responsible.
| 23 | | (d) The use of a Licensed Professional Geologist's licensed | 24 | | professional geologist's seal on professional work
products
| 25 | | constitutes a representation that the work prepared by or under | 26 | | the personal
supervision of that Licensed Professional |
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| 1 | | Geologist has been prepared and
administered in accordance with | 2 | | the standards of reasonable professional skill
and diligence.
| 3 | | (e) It is unlawful to affix one's seal to professional work | 4 | | products if doing so it
masks the true identity of the person | 5 | | who actually exercised direction,
supervision, and responsible | 6 | | charge of the preparation of that work. A Licensed Professional | 7 | | Geologist
who signs and seals professional work
products is not | 8 | | responsible for damage caused by subsequent changes to or uses
| 9 | | of those professional work products, if the subsequent changes | 10 | | or uses,
including changes or uses made by State or local | 11 | | government agencies, are not
authorized or approved by the | 12 | | Licensed Professional Geologist
who originally signed and | 13 | | sealed the
professional work products.
| 14 | | (Source: P.A. 96-1327, eff. 7-27-10.)
| 15 | | (225 ILCS 745/65)
| 16 | | (Section scheduled to be repealed on January 1, 2016)
| 17 | | Sec. 65. Expiration and renewal of license. The expiration | 18 | | date and
renewal period for each license shall be set by rule. | 19 | | A Licensed Professional Geologist
whose license has expired may | 20 | | reinstate
his or her license or enrollment at any time within 5 | 21 | | years after the
expiration thereof, by making a renewal | 22 | | application and by paying the required
fee. However, any | 23 | | Licensed Professional Geologist whose license expired
while he | 24 | | or she was (i) on active duty with the Armed Forces of the | 25 | | United
States or called into service or training by the State |
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| 1 | | militia or (ii) in
training or education under the supervision | 2 | | of the United States preliminary to
induction into the military | 3 | | service, may have his or her Licensed Professional Geologist
| 4 | | license renewed, reinstated, or restored without paying any
| 5 | | lapsed renewal fees if within 2 years after termination of the | 6 | | service,
training, or education the Licensed Professional | 7 | | Geologist furnishes to the Department with
satisfactory | 8 | | evidence of the service, training, or education and that it has | 9 | | been
terminated under honorable conditions.
| 10 | | Any professional geologist whose Licensed Professional | 11 | | Geologist whose license has expired for more
than 5 years may | 12 | | have it restored by making application to the Department,
| 13 | | paying the required fee, and
filing acceptable proof of fitness | 14 | | to have the license restored.
The proof may include sworn | 15 | | evidence certifying active practice in another
jurisdiction.
| 16 | | If the geologist
has not practiced for 5 years or more, the | 17 | | Board shall determine by an
evaluation program established by | 18 | | rule, whether that individual is fit to
resume active status as | 19 | | a Licensed Professional Geologist. The Board may require the | 20 | | geologist to complete a
period of
evaluated professional | 21 | | experience and may require successful
completion of an | 22 | | examination.
| 23 | | The Department may refuse to issue or may suspend the | 24 | | license of any person
who fails to file a tax return, or to pay | 25 | | the tax, penalty, or interest shown in a
filed return, or to | 26 | | pay any final assessment of tax, penalty, or interest, as
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| 1 | | required by any tax Act administered by the Illinois Department | 2 | | of Revenue,
until such time as the requirements of any such tax | 3 | | Act are satisfied.
| 4 | | (Source: P.A. 96-1327, eff. 7-27-10.)
| 5 | | (225 ILCS 745/75) | 6 | | (Section scheduled to be repealed on January 1, 2016) | 7 | | Sec. 75. Returned checks; fines. Any person who delivers a | 8 | | check or
other payment to the Department that is returned to | 9 | | the Department unpaid by
the financial institution upon which | 10 | | it is drawn shall pay to the Department,
in addition to the | 11 | | amount already owed to the Department, a fine of $50. The fines | 12 | | imposed by this Section
are in addition to any other discipline | 13 | | provided under this Act for unlicensed
practice or practice on | 14 | | a nonrenewed license. The Department
shall notify the person | 15 | | that payment of fees and fines shall be paid to the
Department | 16 | | by certified check or money order within 30 calendar days of | 17 | | the
notification. If, after the expiration of 30 calendar days | 18 | | from the date of the
notification, the person has failed to | 19 | | submit the necessary remittance, the
Department shall | 20 | | automatically terminate the license or deny the
application, | 21 | | without a hearing. If, after termination or denial, the person
| 22 | | seeks a license to practice as a Licensed Professional | 23 | | Geologist, he or she shall apply to the Department for
| 24 | | restoration or issuance of the license and pay all fees and
| 25 | | fines due to the Department. The Department may establish a fee |
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| 1 | | for the
processing of an application for restoration of a | 2 | | license to pay
all expenses of processing this application. The | 3 | | Secretary Director may waive the fines
due under this Section | 4 | | in individual cases where the Secretary Director finds that the
| 5 | | fines would be unreasonable or unnecessarily burdensome. | 6 | | (Source: P.A. 96-1327, eff. 7-27-10.) | 7 | | (225 ILCS 745/80) | 8 | | (Section scheduled to be repealed on January 1, 2016) | 9 | | Sec. 80. Disciplinary actions. | 10 | | (a) The Department may refuse to issue or renew, or may | 11 | | revoke, suspend,
place on probation, reprimand, or take other | 12 | | disciplinary or non-disciplinary action as the
Department may | 13 | | deem appropriate, including fines not to exceed $10,000 $5,000 | 14 | | for each
violation, with regard to any license for any one or | 15 | | combination of the
following: | 16 | | (1) Material misstatement in furnishing information to | 17 | | the Department. | 18 | | (2) Violations of this Act, or of the rules promulgated | 19 | | under this Act. | 20 | | (3) Conviction by plea of guilty or nolo contendere, | 21 | | finding of guilt, jury verdict, or entry of judgment or by | 22 | | sentencing of any crime, including, but not limited to, | 23 | | convictions, preceding sentences of supervision, | 24 | | conditional discharge, or first offender probation, under | 25 | | the laws of any jurisdiction of the United States: (i) that |
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| 1 | | is a felony or (ii) that is a misdemeanor, an essential | 2 | | element of which is dishonesty, or that is directly related | 3 | | to the practice of the profession. Conviction of any crime | 4 | | under the laws of the United States or any
state or | 5 | | territory of the United States that is a felony or that is | 6 | | a
misdemeanor, an essential element of which is dishonesty, | 7 | | or of any crime that
is directly related to the practice of | 8 | | the profession. | 9 | | (4) Making any misrepresentation for the purpose of | 10 | | obtaining licensure or
violating any provision of this Act | 11 | | or the rules promulgated under this Act
pertaining to | 12 | | advertising. | 13 | | (5) Professional incompetence. | 14 | | (6) Malpractice. Gross malpractice. | 15 | | (7) Aiding or assisting another person in violating any | 16 | | provision of this
Act or rules promulgated under this Act. | 17 | | (8) Failing, within 60 days, to provide information in | 18 | | response to a
written request made by the Department. | 19 | | (9) Engaging in dishonorable, unethical, or | 20 | | unprofessional conduct of a
character likely to deceive, | 21 | | defraud, or harm the public. | 22 | | (10) Habitual or excessive use or addiction to alcohol, | 23 | | narcotics,
stimulants, or any other chemical agent or drug | 24 | | that results in the inability
to practice with reasonable | 25 | | judgment, skill, or safety. | 26 | | (11) Discipline by another state, the District of |
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| 1 | | Columbia, a territory of the United States, or
a foreign | 2 | | nation, if at least one of the grounds for the discipline | 3 | | is the same
or substantially equivalent to those set forth | 4 | | in this Section. | 5 | | (12) 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 professional services not actually or personally
| 9 | | rendered. | 10 | | (13) A finding by the Department that the licensee, | 11 | | after having his or
her license
placed on probationary | 12 | | status, has violated the terms of probation. | 13 | | (14) Willfully making or filing false records or | 14 | | reports in his or her
practice,
including but not limited | 15 | | to, false records filed with State agencies or
departments. | 16 | | (15) Physical illness, including but not limited to, | 17 | | deterioration through
the aging process, or loss of motor | 18 | | skill that results in the inability to
practice the | 19 | | profession with reasonable judgment, skill, or safety. | 20 | | (16) Solicitation of professional services other than | 21 | | permitted
advertising. | 22 | | (17) Conviction of or cash compromise of a charge or | 23 | | violation of
the Illinois Controlled Substances Act | 24 | | regulating narcotics. | 25 | | (18) Failure to (i) file a tax return, (ii) pay the | 26 | | tax, penalty, or interest
shown in a filed return, or (iii) |
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| 1 | | pay any final assessment of tax, penalty, or
interest, as | 2 | | required by any tax Act administered by the Illinois | 3 | | Department of
Revenue, until the requirements of that tax | 4 | | Act are satisfied. | 5 | | (19) Conviction by any court of competent | 6 | | jurisdiction, either within or
outside this State, of any | 7 | | violation of any law governing the practice of
professional | 8 | | geology, if the Department determines, after | 9 | | investigation, that
the person has not been sufficiently | 10 | | rehabilitated to warrant the public trust. | 11 | | (20) Gross, willful, or continued overcharging for | 12 | | professional services,
including filing false statements | 13 | | for collection of fees for which services are
not rendered. | 14 | | (21) Practicing under a false or, except as provided by | 15 | | law, an assumed
name. | 16 | | (22) Fraud or misrepresentation in applying for, or | 17 | | procuring, a license
to practice as a Licensed Professional | 18 | | Geologist under this Act or in connection with applying for | 19 | | renewal of a license under
this Act. | 20 | | (23) Cheating on or attempting to subvert the licensing | 21 | | examination
administered under this Act. | 22 | | (b) The determination by a circuit court that a licensee is | 23 | | subject to
involuntary admission or judicial admission as | 24 | | provided in the Mental Health
and Developmental Disabilities | 25 | | Code operates as an automatic suspension. The
suspension will | 26 | | end only upon a finding by a court that the licensee is no
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| 1 | | longer subject to the involuntary admission or judicial | 2 | | admission and issues an
order so finding and discharging the | 3 | | licensee; and upon the recommendation of
the Board to the | 4 | | Secretary Director that the licensee be allowed to
resume his | 5 | | or her practice. | 6 | | All fines imposed under this Section shall be paid within | 7 | | 60 days after the effective date of the order imposing the fine | 8 | | or in accordance with the terms set forth in the order imposing | 9 | | the fine. | 10 | | (Source: P.A. 96-1327, eff. 7-27-10.) | 11 | | (225 ILCS 745/90) | 12 | | (Section scheduled to be repealed on January 1, 2016) | 13 | | Sec. 90. Investigations; notice and hearing. The | 14 | | Department may
investigate the actions of any applicant or of | 15 | | any person or persons rendering
or offering to render | 16 | | geological services or any person holding or
claiming to hold a | 17 | | license as a Licensed Professional Geologist. The
Department | 18 | | shall, before revoking, suspending, placing on probation,
| 19 | | reprimanding, or taking any other disciplinary action under | 20 | | Section 80 of this
Act, at least 30 days before the date set | 21 | | for the hearing, (i) notify the
accused in writing of the | 22 | | charges made and the time and place for the hearing
on the | 23 | | charges, (ii) direct him or her to file a written answer to the | 24 | | charges
with the Board under oath within 20 days after the | 25 | | service on him or her of the
notice, and (iii) notify inform |
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| 1 | | the accused that, if he or she fails to answer,
default will be | 2 | | taken against him or her , and or that his or her license may be
| 3 | | suspended, revoked, placed on probationary status, or other | 4 | | disciplinary action
taken with regard to the license, including | 5 | | limiting the scope, nature, or
extent
of his or her practice, | 6 | | as the Department may consider proper. At the time and
place | 7 | | fixed in the notice, the Board shall proceed to hear the | 8 | | charges and the
parties or their counsel shall be accorded | 9 | | ample opportunity to present any
pertinent statements, | 10 | | testimony, evidence, and arguments. The Board may
continue the | 11 | | hearing from time to time. In case the person, after receiving
| 12 | | the notice, fails to file an answer, his or her license may, in | 13 | | the discretion
of the Department, be suspended, revoked, placed | 14 | | on probationary status, or subject to any other disciplinary | 15 | | action the
Department considers proper may take whatever | 16 | | disciplinary action considered proper , including
limiting the | 17 | | scope, nature, or extent of the person's practice or the
| 18 | | imposition
of a fine, without a hearing, if the act or acts | 19 | | charged constitute sufficient
grounds for that action under | 20 | | this Act. The written notice may be served by
personal delivery | 21 | | or by certified mail to the licensee's address of record. | 22 | | specified by the accused
in
his
or her last notification with | 23 | | the Department. | 24 | | (Source: P.A. 96-1327, eff. 7-27-10.)
| 25 | | (225 ILCS 745/95)
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| 1 | | (Section scheduled to be repealed on January 1, 2016)
| 2 | | Sec. 95. Record of proceedings; transcript. The | 3 | | Department, at its
expense, shall preserve a record of all | 4 | | proceedings at the formal hearing of
any case. The notice of | 5 | | hearing, complaint, all other documents in the nature
of | 6 | | pleadings, written motions filed in the proceedings, the | 7 | | transcripts of
testimony, the
report of the hearing officer and | 8 | | the Board, and orders of the Department shall be in the record | 9 | | of the
proceeding. The Department
shall furnish a transcript of | 10 | | such record to any person interested in such
hearing upon | 11 | | payment of the fee required under Section 2105-115 of
the | 12 | | Department of Professional Regulation Law (20 ILCS | 13 | | 2105/2105-115).
| 14 | | (Source: P.A. 91-239, eff. 1-1-00 .)
| 15 | | (225 ILCS 745/100)
| 16 | | (Section scheduled to be repealed on January 1, 2016)
| 17 | | Sec. 100. Subpoenas; depositions; oaths. The Department | 18 | | has the power to
subpoena and to bring before it any person and | 19 | | to take testimony either orally
or by deposition, or both, with | 20 | | the same fees and mileage and in the same
manner as prescribed | 21 | | in civil cases in the courts of this State.
| 22 | | The Secretary Director , the designated hearing officer, | 23 | | and every member of the Board
has the power to administer oaths | 24 | | to witnesses at any hearing that the
Department is authorized | 25 | | to conduct, and any other oaths authorized in any Act
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| 1 | | administered by the Department.
| 2 | | (Source: P.A. 89-366, eff. 7-1-96 .)
| 3 | | (225 ILCS 745/110) | 4 | | (Section scheduled to be repealed on January 1, 2016) | 5 | | Sec. 110. Findings and recommendations. At the conclusion | 6 | | of the hearing,
the Board shall present to the Secretary | 7 | | Director a written report of its findings of
fact, conclusions | 8 | | of law, and recommendations. The report shall contain a
finding | 9 | | whether or not the accused person violated this Act or its | 10 | | rules or
failed to comply with the conditions required in this | 11 | | Act or its rules. The
Board shall specify the nature of any | 12 | | violations or failure to comply and shall
make its | 13 | | recommendations to the Secretary Director . In making | 14 | | recommendations for any
disciplinary actions, the Board may | 15 | | take into consideration all facts and
circumstances bearing | 16 | | upon the reasonableness of the conduct of the accused
and the | 17 | | potential for future harm to the public, including but not | 18 | | limited to
previous discipline of the accused by the | 19 | | Department, intent, degree of harm to
the public and likelihood | 20 | | of harm in the future, any restitution made by the
accused, and | 21 | | whether the incident or incidents contained in the complaint
| 22 | | appear to be isolated or represent a continuing pattern of | 23 | | conduct. In making
its recommendations for discipline, the | 24 | | Board shall endeavor to ensure that the
severity of the | 25 | | discipline recommended is reasonably related to the severity of
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| 1 | | the violation. | 2 | | The report of findings of fact, conclusions of law, and | 3 | | recommendation of the
Board shall be the basis for the | 4 | | Department's order refusing to issue, restore,
or renew a | 5 | | person's license to practice as a Licensed Professional | 6 | | Geologist, or otherwise disciplining a licensee. If the | 7 | | Secretary Director disagrees with the recommendations of the | 8 | | Board, the Secretary Director may issue an
order in | 9 | | contravention of the Board recommendations. The Secretary | 10 | | Director shall
provide a written report to the Board on any | 11 | | disagreement and shall specify the
reasons for the action in | 12 | | the final order. The finding is not admissible in
evidence | 13 | | against the person in a criminal prosecution brought for a | 14 | | violation
of this Act, but the hearing and finding are not a | 15 | | bar to a criminal
prosecution brought for a violation of this | 16 | | Act. | 17 | | (Source: P.A. 96-1327, eff. 7-27-10.) | 18 | | (225 ILCS 745/120) | 19 | | (Section scheduled to be repealed on January 1, 2016) | 20 | | Sec. 120. Secretary Director ;rehearing. Whenever the | 21 | | Secretary Director believes that
justice has not been done in | 22 | | the revocation, suspension, or refusal to issue,
restore, or | 23 | | renew a person's license to practice as a Licensed Professional | 24 | | Geologist, or other discipline of an applicant or licensee,
he | 25 | | or she may order a rehearing by the same or other examiners. |
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| 1 | | (Source: P.A. 96-1327, eff. 7-27-10.) | 2 | | (225 ILCS 745/125) | 3 | | (Section scheduled to be repealed on January 1, 2016) | 4 | | Sec. 125. Appointment of a hearing officer. The Secretary | 5 | | Director has the
authority to appoint any attorney licensed to | 6 | | practice law in the State of
Illinois to serve as the hearing | 7 | | officer in any action for refusal to issue,
restore, or renew a | 8 | | person's license to practice as a Licensed Professional | 9 | | Geologist or to discipline a licensee. The hearing officer
has | 10 | | full authority to conduct the hearing. Members At least one | 11 | | member of the Board
may shall attend each hearing. The hearing | 12 | | officer shall report his or her
findings of fact, conclusions | 13 | | of law, and recommendations to the Board and the
Secretary | 14 | | Director . The Board shall have 60 calendar days from receipt of | 15 | | the report to
review the report of the hearing officer and | 16 | | present its findings of fact,
conclusions of law, and | 17 | | recommendations to the Secretary Director . If the Board does | 18 | | not
present its report within the 60-day period, the Secretary | 19 | | Director may issue an order
based on the report of the hearing | 20 | | officer. If the Secretary Director disagrees with
the | 21 | | recommendation of the Board or of the hearing officer, the | 22 | | Secretary Director may
issue an order in contravention of the
| 23 | | recommendation. The Secretary Director shall promptly provide | 24 | | a written report to the
Board on any deviation, and shall | 25 | | specify the reasons for the action in the
final order. |
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| 1 | | (Source: P.A. 96-1327, eff. 7-27-10.)
| 2 | | (225 ILCS 745/130)
| 3 | | (Section scheduled to be repealed on January 1, 2016)
| 4 | | Sec. 130. Order or certified copy; prima facie proof. An | 5 | | order or
certified copy thereof, over the seal of the | 6 | | Department and purporting to be
signed by the Secretary | 7 | | Director ,is prima facie proof that:
| 8 | | (a) the signature is the genuine signature of the | 9 | | Secretary Director ;
| 10 | | (b) the Secretary Director is duly appointed and | 11 | | qualified; and
| 12 | | (c) the Board and its members are qualified to act.
| 13 | | (Source: P.A. 89-366, eff. 7-1-96 .)
| 14 | | (225 ILCS 745/135) | 15 | | (Section scheduled to be repealed on January 1, 2016) | 16 | | Sec. 135. Restoration of suspended or revoked license. At | 17 | | any time after
the successful completion of a term of | 18 | | indefinite probation, suspension, or revocation of a | 19 | | suspension or revocation of a person's license to practice as a | 20 | | Licensed Professional Geologist, the Department may restore it | 21 | | to
the licensee, upon the written recommendation of the Board, | 22 | | unless after an
investigation and a hearing the Board | 23 | | determines that restoration is not in
the public interest. | 24 | | (Source: P.A. 96-1327, eff. 7-27-10.) |
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| 1 | | (225 ILCS 745/145) | 2 | | (Section scheduled to be repealed on January 1, 2016) | 3 | | Sec. 145. Summary suspension of a license. The Secretary | 4 | | Director may summarily
suspend the license of a Licensed | 5 | | Professional Geologist without a hearing,
simultaneously with | 6 | | the institution of proceedings for a hearing provided for
in | 7 | | Section 90 of this Act, if the Secretary Director finds that | 8 | | evidence in the
Secretary's Director's possession indicates | 9 | | that the continuation of practice by a
Licensed Professional | 10 | | Geologist would constitute an imminent danger to the
public. In | 11 | | the event that the Secretary Director summarily suspends the | 12 | | license of a
Licensed Professional Geologist without a hearing, | 13 | | a hearing must be
commenced within 30 days after the suspension | 14 | | has occurred and concluded as
expeditiously as practical. | 15 | | (Source: P.A. 96-1327, eff. 7-27-10.)
| 16 | | (225 ILCS 745/155)
| 17 | | (Section scheduled to be repealed on January 1, 2016)
| 18 | | Sec. 155. Administrative review; certifications | 19 | | Certifications of record; costs. All final administrative | 20 | | decisions of the Department are subject to judicial review | 21 | | pursuant to the Administrative Review Law and its rules. The | 22 | | term "administrative decision" is defined as in Section 3-101 | 23 | | of the Code of Civil Procedure. | 24 | | Proceedings for judicial review shall be commenced in the |
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| 1 | | circuit court of the county in which the party applying for | 2 | | review resides, but, if the party is not a resident of this | 3 | | State, the venue shall be in Sangamon County. | 4 | | The Department shall not be
required to certify any record | 5 | | to the court, to file an answer in court, or to
otherwise | 6 | | appear in any court in a judicial review proceeding unless and | 7 | | until the Department has received from the plaintiff payment of | 8 | | the costs of furnishing and certifying the record, there is
| 9 | | filed in the court, with
the
complaint, a receipt from the | 10 | | Department acknowledging payment of the costs of
furnishing and | 11 | | certifying the record, which costs shall be determined by the
| 12 | | Department. Failure on the part of the plaintiff to file the | 13 | | receipt in court
is grounds for dismissal of the action.
| 14 | | During the pendency and hearing of any and all judicial | 15 | | proceedings incident to the disciplinary action, the sanctions | 16 | | imposed upon the accused by the Department specified in the | 17 | | Department's final administrative decision shall, as a matter | 18 | | of public policy, remain in full force and effect in order to | 19 | | protect the public pending final resolution of any of the | 20 | | proceedings. | 21 | | (Source: P.A. 89-366, eff. 7-1-96 .)
| 22 | | (225 ILCS 745/162)
| 23 | | (Section scheduled to be repealed on January 1, 2016)
| 24 | | Sec. 162. Civil penalties.
| 25 | | (a) In addition to any other penalty provided by law, any |
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| 1 | | person who
violates this Act shall forfeit and pay a civil | 2 | | penalty to the Department in an
amount not to exceed $10,000 | 3 | | $5,000 for each offense as determined by the Department.
The | 4 | | civil penalty shall be assessed by the Department after a | 5 | | hearing is held in accordance with the
provisions of this Act | 6 | | regarding the provision of a hearing for the discipline of a | 7 | | licensee .
| 8 | | (b) The Department has the authority and power to | 9 | | investigate any and all
unlicensed activity.
| 10 | | (c) The civil penalty shall be paid within 60 days after | 11 | | the effective date
of the order imposing the civil penalty. The | 12 | | order shall constitute a judgment
and may be filed and | 13 | | execution had thereon in the same manner as any judgment
from | 14 | | any court of record.
| 15 | | (d) All moneys collected under this Section shall be | 16 | | deposited into the
General Professions Dedicated Fund.
| 17 | | (Source: P.A. 89-366, eff. 7-1-96 .)
| 18 | | (225 ILCS 745/165)
| 19 | | (Section scheduled to be repealed on January 1, 2016)
| 20 | | Sec. 165. Consent order. At any point in the proceedings as | 21 | | provided in
Sections 85 through 130 and Section 150, both | 22 | | parties may agree to a negotiated
consent order. The consent | 23 | | order shall be final upon signature of the
Secretary Director .
| 24 | | (Source: P.A. 89-366, eff. 7-1-96 .)
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| 1 | | (225 ILCS 745/170)
| 2 | | (Section scheduled to be repealed on January 1, 2016)
| 3 | | Sec. 170. Illinois Administrative Procedure Act; | 4 | | application. The Illinois
Administrative Procedure Act is | 5 | | expressly adopted and incorporated in this Act
as if all of the | 6 | | provisions of that Act were included in this Act, except that
| 7 | | the provision of paragraph (d) of Section 10-65 of the
Illinois | 8 | | Administrative Procedure Act, which provides that at hearings | 9 | | the
registrant or licensee has the right to show compliance | 10 | | with all lawful
requirements for retention or continuation or | 11 | | renewal of the license, is
specifically excluded. For the | 12 | | purpose of this Act, the notice required under
Section 10-25 of | 13 | | the Illinois Administrative Procedure Act is
considered | 14 | | sufficient when mailed to the last known address of record a | 15 | | party .
| 16 | | (Source: P.A. 89-366, eff. 7-1-96; 90-655, eff. 7-30-98 .)
| 17 | | (225 ILCS 745/180 new) | 18 | | Sec. 180. Confidentiality. All information collected by | 19 | | the Department in the course of an examination or investigation | 20 | | of a licensee or applicant, including, but not limited to, any | 21 | | complaint against a licensee filed with the Department and | 22 | | information collected to investigate any such complaint, shall | 23 | | be maintained for the confidential use of the Department and | 24 | | shall not be disclosed. The Department shall not disclose the | 25 | | information to anyone other than law enforcement officials, |
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| 1 | | regulatory agencies that have an appropriate regulatory | 2 | | interest as determined by the Secretary, or a party presenting | 3 | | a lawful subpoena to the Department. Information and documents | 4 | | disclosed to a federal, State, county, or local law enforcement | 5 | | agency shall not be disclosed by the agency for any purpose to | 6 | | any other agency or person. A formal complaint filed against a | 7 | | licensee by the Department or any order issued by the | 8 | | Department against a licensee or applicant shall be a public | 9 | | record, except as otherwise prohibited by law.
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.".
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