Illinois General Assembly - Full Text of SB0838
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Full Text of SB0838  99th General Assembly




State of Illinois
2015 and 2016


Introduced 2/11/2015, by Sen. Iris Y. Martinez


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    Amends the Regulatory Sunset Act. Extends the repeal date of the Illinois Roofing Industry Licensing Act from January 1, 2016 to January 1, 2026. Amends the Illinois Roofing Industry Licensing Act. Makes changes in provisions concerning: definitions, application procedures, inactive licenses, qualifying parties, fees, grounds for discipline, disciplinary procedures, surrender of licenses, suspension of licenses, the Roofing Advisory Board, and home rule. Authorizes the Department of Professional and Financial Regulation to compel physical or mental evaluations of licensees when necessary to ensure compliance with the Act. Adds provisions concerning confidentiality of investigative information and the issuance of citations. Makes other changes. Effective immediately.

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SB0838LRB099 04219 HAF 24241 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Regulatory Sunset Act is amended by changing
5Section 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 Acts repealed on January 1, 2016.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
8Acts are repealed on January 1, 2016: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.
17    The Illinois Physical Therapy Act.
18    The Professional Geologist Licensing Act.
19(Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08;
2096-1246, eff. 1-1-11.)
21    (5 ILCS 80/4.36 new)
22    Sec. 4.36. Act repealed on January 1, 2026. The following



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1Act is repealed on January 1, 2026:
2    The Illinois Roofing Industry Licensing Act.
3    Section 10. The Illinois Roofing Industry Licensing Act is
4amended by changing Sections 2, 2.1, 3, 3.5, 4.5, 5, 5.1, 5.5,
56, 7, 9, 9.1, 9.2, 9.3, 9.4, 9.5, 9.6, 9.7, 9.8, 9.9a, 9.10,
69.14, 9.15, 10, 10a, 11 and 11.5, and by adding Sections 11.6,
711.7, 11.8, 11.9, and 11.10 as follows:
8    (225 ILCS 335/2)  (from Ch. 111, par. 7502)
9    (Section scheduled to be repealed on January 1, 2016)
10    Sec. 2. Definitions. As used in this Act, unless the
11context otherwise requires:
12    (a) "Licensure" means the act of obtaining or holding a
13license issued by the Department as provided in this Act.
14    (b) "Department" means the Department of Financial and
15Professional Regulation.
16    (c) "Secretary Director" means the Secretary Director of
17Financial and Professional Regulation.
18    (d) "Person" means any individual, partnership,
19corporation, business trust, limited liability company, or
20other legal entity.
21    (e) "Roofing contractor" is one who has the experience,
22knowledge and skill to construct, reconstruct, alter, maintain
23and repair roofs and use materials and items used in the
24construction, reconstruction, alteration, maintenance and



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1repair of all kinds of roofing and waterproofing as related to
2roofing, all in such manner to comply with all plans,
3specifications, codes, laws, and regulations applicable
4thereto, but does not include such contractor's employees to
5the extent the requirements of Section 3 of this Act apply and
6extend to such employees.
7    (f) "Board" means the Roofing Advisory Board.
8    (g) "Qualifying party" means the individual filing as a
9sole proprietor, partner of a partnership, officer of a
10corporation, trustee of a business trust, or party of another
11legal entity, who is legally qualified to act for the business
12organization in all matters connected with its roofing
13contracting business, has the authority to supervise roofing
14installation operations, and is actively engaged in day to day
15activities of the business organization.
16    "Qualifying party" does not apply to a seller of roofing
17materials or services when the construction, reconstruction,
18alteration, maintenance, or repair of roofing or waterproofing
19is to be performed by a person other than the seller or the
20seller's employees.
21    (h) "Limited roofing license" means a license made
22available to contractors whose roofing business is limited to
23roofing residential properties consisting of 8 units or less.
24    (i) "Unlimited roofing license" means a license made
25available to contractors whose roofing business is unlimited in
26nature and includes roofing on residential, commercial, and



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1industrial properties.
2    (j) "Seller of services or materials" means a business
3entity primarily engaged in the sale of tangible personal
4property at retail.
5    (k) "Building permit" means a permit issued by a unit of
6local government for work performed within the local
7government's jurisdiction that requires a license under this
9    (l) "Address of record" means the designated address
10recorded by the Department in the applicant's or licensee's
11application file or license file as maintained by the
12Department's licensure maintenance unit. It is the duty of the
13applicant or licensee to inform the Department of any change of
14address, and those changes must be made either through the
15Department's website or by contacting the Department.
16(Source: P.A. 96-624, eff. 1-1-10; 97-965, eff. 8-15-12.)
17    (225 ILCS 335/2.1)  (from Ch. 111, par. 7502.1)
18    (Section scheduled to be repealed on January 1, 2016)
19    Sec. 2.1. Administration of Act; rules and forms. The
20Department may exercise the following powers and duties subject
21to the provisions of this Act:
22    (a) The Department shall exercise the powers and duties
23prescribed by the Civil Administrative Code of Illinois for the
24administration of licensing Acts and shall exercise such other
25powers and duties necessary for effectuating the purposes of



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1this Act To prescribe forms of application for certificates of
3    (b) The Secretary may adopt rules consistent with the
4provisions of this Act for the administration and enforcement
5of this Act and for the payment of fees connected with this Act
6and may prescribe forms that shall be issued in connection with
7this Act. The rules may include, but not be limited to, the
8standards and criteria for licensure and professional conduct
9and discipline and the standards and criteria used when
10determining fitness to practice. The Department may consult
11with the Board in adopting rules To pass upon the
12qualifications of applicants for certificates of registration
13and issue certificates of registration to those found to be fit
14and qualified.
15    (c) The Department may, at any time, seek the advice and
16the expert knowledge of the Board on any matter relating to the
17administration of this Act To conduct hearings on proceedings
18to revoke, suspend or otherwise discipline or to refuse to
19issue or renew certificates of registration.
20    (d) (Blank) To formulate rules and regulations when
21required for the administration and enforcement of this Act.
22(Source: P.A. 89-387, eff. 1-1-96.)
23    (225 ILCS 335/3)  (from Ch. 111, par. 7503)
24    (Section scheduled to be repealed on January 1, 2016)
25    Sec. 3. Application for license.



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1    (1) To obtain a license, an applicant must indicate if the
2license is sought for a sole proprietorship, partnership,
3corporation, business trust, or other legal entity and whether
4the application is for a limited or unlimited roofing license.
5If the license is sought for a sole proprietorship, the license
6shall be issued to the sole proprietor who shall also be
7designated as the qualifying party. If the license is sought
8for a partnership, corporation, business trust, or other legal
9entity, the license shall be issued in the company name. A
10company must designate one individual who will serve as a
11qualifying party. The qualifying party is the individual who
12must take the examination required under Section 3.5. The
13company shall submit an application in writing to the
14Department on a form containing the information prescribed by
15the Department and accompanied by the fee fixed by the
16Department. The application shall include, but shall not be
17limited to:
18        (a) the name and address of the person designated as
19    the qualifying party responsible for the practice of
20    professional roofing in Illinois;
21        (b) the name of the sole proprietorship and its sole
22    proprietor, the name of the partnership and its partners,
23    the name of the corporation and its officers, shareholders,
24    and directors, the name of the business trust and its
25    trustees, or the name of such other legal entity and its
26    members;



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1        (c) evidence of compliance with any statutory
2    requirements pertaining to such legal entity, including
3    compliance with the Assumed Business Name Act; and any laws
4    pertaining to the use of fictitious names, if a fictitious
5    name is used; if the business is a sole proprietorship and
6    doing business under a name other than that of the
7    individual proprietor, the individual proprietor must list
8    all business names used for that proprietorship.
9        (d) a signed irrevocable uniform consent to service of
10    process form provided by the Department.
11    (1.5) (Blank). A certificate issued by the Department
12before the effective date of this amendatory Act of the 91st
13General Assembly shall be deemed a license for the purposes of
14this Act.
15    (2) An applicant for a license must submit satisfactory
16evidence that:
17        (a) he or she has obtained public liability and
18    property damage insurance in such amounts and under such
19    circumstances as may be determined by the Department;
20        (b) he or she has obtained Workers' Compensation
21    insurance for roofing covering his or her employees or is
22    approved as a self-insurer of Workers' Compensation in
23    accordance with Illinois law;
24        (c) he or she has an unemployment insurance employer
25    account number issued by the Department of Employment
26    Security, and he or she is not delinquent in the payment of



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1    any amount due under the Unemployment Insurance Act;
2        (d) he or she has submitted a continuous bond to the
3    Department in the amount of $10,000 for a limited license
4    and in the amount of $25,000 for an unlimited license; and
5        (e) a qualifying party has satisfactorily completed
6    the examination required under Section 3.5.
7    (3) It is the ongoing responsibility of the licensee to
8provide to the Department notice in writing of any changes in
9the information required to be provided on the application.
10    (4) (Blank). All roofing contractors must designate a
11qualifying party and otherwise achieve compliance with this Act
12no later than July 1, 2003 or his or her license will
13automatically expire on July 1, 2003.
14    (5) Nothing in this Section shall apply to a seller of
15roofing materials or services when the construction,
16reconstruction, alteration, maintenance, or repair of roofing
17or waterproofing is to be performed by a person other than the
18seller or the seller's employees.
19    (6) Applicants have 3 years from the date of application to
20complete the application process. If the application has not
21been completed within 3 years, the application shall be denied,
22the fee shall be forfeited and the applicant must reapply and
23meet the requirements in effect at the time of reapplication.
24(Source: P.A. 98-838, eff. 1-1-15.)
25    (225 ILCS 335/3.5)



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1    (Section scheduled to be repealed on January 1, 2016)
2    Sec. 3.5. Examinations Examination.
3    (a) The Department shall authorize examinations for
4applicants for initial licensure licenses at the time and place
5it may designate. The examinations shall be of a character to
6fairly test the competence and qualifications of applicants to
7act as roofing contractors. Each applicant for limited licenses
8shall designate a qualifying party who shall take an
9examination, the technical portion of which shall cover
10residential roofing practices. Each applicant for an unlimited
11license shall designate a qualifying party who shall take an
12examination, the technical portion of which shall cover
13residential, commercial, and industrial roofing practices.
14    (b) An applicant for a limited license or an unlimited
15license or a qualifying party designated by an applicant for a
16limited license or unlimited license shall pay, either to the
17Department or the designated testing service, a fee established
18by the Department to cover the cost of providing the
19examination. Failure of the individual scheduled to appear for
20the examination on the scheduled date at the time and place
21specified, after the applicant's his or her application for
22examination has been received and acknowledged by the
23Department or the designated testing service, shall result in
24forfeiture of the examination fee.
25    (c) The qualifying party for an applicant for a new license
26must have passed an examination authorized by the Department



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1before the Department may issue a license.
2    (d) The application for a license as a corporation,
3business trust, or other legal entity submitted by a sole
4proprietor who is currently licensed under this Act and exempt
5from the examination requirement of this Section shall not be
6considered an application for initial licensure for the
7purposes of this subsection (d) if the sole proprietor is named
8in the application as the qualifying party and is the sole
9owner of the legal entity. Upon issuance of a license to the
10new legal entity, the sole proprietorship license is
12    The application for initial licensure as a partnership,
13corporation, business trust, or other legal entity submitted by
14a currently licensed partnership, corporation, business trust,
15or other legal entity shall not be considered an application
16for initial licensure for the purposes of this subsection (d)
17if the entity's current qualifying party is exempt from the
18examination requirement of this Section, that qualifying party
19is named as the new legal entity's qualifying party, and the
20majority of ownership in the new legal entity remains the same
21as the currently licensed entity. Upon issuance of a license to
22the new legal entity under this subsection (d), the former
23license issued to the applicant is terminated.
24    (e) An applicant has 3 years after the date of his or her
25application to complete the application process. If the process
26has not been completed within 3 years, the application shall be



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1denied, the fee shall be forfeited, and the applicant must
2reapply and meet the requirements in effect at the time of
4(Source: P.A. 95-303, eff. 1-1-08; 96-624, eff. 1-1-10.)
5    (225 ILCS 335/4.5)
6    (Section scheduled to be repealed on January 1, 2016)
7    Sec. 4.5. Duties of qualifying party; replacement; grounds
8for discipline.
9    (a) While engaged as or named as a qualifying party for a
10licensee, no person may be the named qualifying party for any
11other licensee. However, the person may act in the capacity of
12the qualifying party for one additional licensee of the same
13type of licensure if one of the following conditions exists:
14        (1) there There is a common ownership of at least 25%
15    of each licensed entity for which the person acts as a
16    qualifying party; or .
17        (2) the The same person acts as a qualifying party for
18    one licensed entity and its licensed subsidiary.
19    "Subsidiary" as used in this Section means a corporation of
20which at least 25% is owned by another licensee.
21    (b) Upon the loss of In the event that a qualifying party
22who is not replaced is terminated or terminating his or her
23status as qualifying party of a licensee, the qualifying party
24or and the licensee, or both, shall notify the Department of
25that fact in writing. Thereafter, the licensee shall notify the



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1Department of the name and address of the newly designated
2qualifying party. The newly designated qualifying party must
3take and pass the examination prescribed in Section 3.5 of this
4Act; however, a newly designated qualifying party is exempt
5from the examination requirement until January 1, 2012 if he or
6she has acted in the capacity of a roofing contractor for a
7period of at least 15 years for the licensee for which he or
8she seeks to be the qualifying party. These requirements shall
9be met in a timely manner as established by rule of the
11    (c) A qualifying party that is accepted by the Department
12shall have the authority to act for the licensed entity in all
13matters connected with its roofing contracting business and to
14supervise roofing installation operations. This authority
15shall not be deemed to be a license for purposes of this Act.
16    (d) Designation of a qualifying party by an applicant under
17this Section and Section 3 is subject to acceptance by the
18Department. The Department may refuse to accept a qualifying
19party (i) for failure to qualify as required under this Act and
20the rules adopted under this Act or (ii) after making a
21determination that the designated party has a history of acting
22illegally, fraudulently, incompetently, or with gross
23negligence in the roofing or construction business.
24    (e) The Department may, at any time after giving
25appropriate notice and the opportunity for a hearing, suspend
26or revoke its acceptance of a qualifying party designated by a



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1licensee for any act or failure to act that gives rise to any
2ground for disciplinary action against that licensee under
3Section 9.1 or 9.6 of this Act and the rules adopted under this
4Act. If the Department suspends or revokes its acceptance of a
5qualifying party, the license of the licensee shall be deemed
6to be suspended until a new qualifying party has been
7designated by the licensee and accepted by the Department.
8    If acceptance of a qualifying party is suspended or revoked
9for action or inaction that constitutes a violation of this Act
10or the rules adopted under this Act, the Department may in
11addition take such other disciplinary or non-disciplinary
12action as it may deem proper, including imposing a fine on the
13qualifying party, not to exceed $10,000 for each violation.
14    All administrative decisions of the Department under this
15subsection (e) are subject to judicial review pursuant to
16Section 9.7 of this Act. An order taking action against a
17qualifying party shall be deemed a final administrative
18decision of the Department for purposes of Section 9.7 of this
20(Source: P.A. 96-624, eff. 1-1-10.)
21    (225 ILCS 335/5)  (from Ch. 111, par. 7505)
22    (Section scheduled to be repealed on January 1, 2016)
23    Sec. 5. Display of license number; building permits;
25    (a) Each State licensed roofing contractor shall affix the



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1roofing contractor license number and the licensee's name, as
2it appears on the license, to all of his or her contracts and
3bids. In addition, the official issuing building permits shall
4affix the roofing contractor license number to each application
5for a building permit and on each building permit issued and
7    (a-3) A municipality or a county that requires a building
8permit may not issue a building permit to a roofing contractor
9unless that contractor has provided sufficient proof of current
10licensure that he or she is licensed currently as a roofing
11contractor by the State. Holders of an unlimited roofing
12license may be issued permits for residential, commercial, and
13industrial roofing projects. Holders of a limited roofing
14license are restricted to permits for work on residential
15properties consisting of 8 units or less.
16    (a-5) A person who knowingly, in the course of applying for
17a building permit with a unit of local government, provides the
18roofing license number or name of a roofing contractor whom
19that person he or she does not intend to have perform the work
20on the roofing portion of the project commits identity theft
21under paragraph (8) of subsection (a) of Section 16-30 of the
22Criminal Code of 2012.
23    (a-10) A building permit applicant must present a
24government-issued identification along with the building
25permit application. Except for the name of the individual, all
26other personal information contained in the government-issued



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1identification shall be exempt from disclosure under
2subsection (c) of Section 7 of the Freedom of Information Act.
3The official issuing the building permit shall maintain the
4name and identification number, as it appears on the
5government-issued identification, in the building permit
6application file. It is not necessary that the building permit
7applicant be the qualifying party. This subsection shall not
8apply to a county or municipality whose building permit process
9occurs through electronic means.
10    (b) (Blank).
11    (c) Every holder of a license shall display it in a
12conspicuous place in the licensee's his or her principal
13office, place of business, or place of employment.
14    (d) No person licensed under this Act may advertise
15services regulated by this Act unless that person includes in
16the advertisement the roofing contractor license number and the
17licensee's name, as it appears on the license. Nothing
18contained in this subsection requires the publisher of
19advertising for roofing contractor services to investigate or
20verify the accuracy of the license number provided by the
22    (e) A person who advertises services regulated by this Act
23who knowingly (i) fails to display the license number and the
24licensee's name, as it appears on the license, in any manner
25required by this Section, (ii) fails to provide a publisher
26with the correct license number as required by subsection (d),



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1or (iii) provides a publisher with a false license number or a
2license number of another person, or a person who knowingly
3allows the licensee's his or her license number to be displayed
4or used by another person to circumvent any provisions of this
5Section, is guilty of a Class A misdemeanor with a fine of
6$1,000, and, in addition, is subject to the administrative
7enforcement provisions of this Act. Each day that an
8advertisement runs or each day that a person knowingly allows
9the licensee's his or her license to be displayed or used in
10violation of this Section constitutes a separate offense.
11(Source: P.A. 96-624, eff. 1-1-10; 96-1324, eff. 7-27-10;
1297-235, eff. 1-1-12; 97-597, eff. 1-1-12; 97-965, eff. 8-15-12;
1397-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
14    (225 ILCS 335/5.1)
15    (Section scheduled to be repealed on January 1, 2016)
16    Sec. 5.1. Commercial vehicles. Any entity offering
17services regulated by the Roofing Industry Licensing Act shall
18affix the roofing contractor license number and the licensee's
19name, as it appears on the license, on all commercial vehicles
20used in offering such services. An entity in violation of this
21Section shall be subject to a $250 civil penalty. This Section
22may be enforced by local code enforcement officials employed by
23units of local government as it relates to roofing work being
24performed within the boundaries of their jurisdiction. For
25purposes of this Section, "code enforcement official" means an



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1officer or other designated authority charged with the
2administration, interpretation, and enforcement of codes on
3behalf of a municipality or county. If the alleged violation
4has been corrected prior to or on the date of the hearing
5scheduled to adjudicate the alleged violation, the violation it
6shall be dismissed.
7(Source: P.A. 97-235, eff. 1-1-12.)
8    (225 ILCS 335/5.5)
9    (Section scheduled to be repealed on January 1, 2016)
10    Sec. 5.5. Contracts. A roofing contractor, when signing a
11contract, must provide a land-based phone number and a street
12address other than a post office box at which the roofing
13contractor he or she may be contacted.
14(Source: P.A. 91-950, eff. 2-9-01.)
15    (225 ILCS 335/6)  (from Ch. 111, par. 7506)
16    (Section scheduled to be repealed on January 1, 2016)
17    Sec. 6. Expiration and renewal; inactive status;
18restoration; renewal.
19    (a) The expiration date and renewal period for each
20certificate of registration issued under this Act shall be set
21by the Department by rule.
22    (b) A licensee who has permitted his or her license to
23expire or whose license is on inactive status may have his or
24her license restored by making application to the Department in



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1the form and manner prescribed by the Department.
2    (c) A licensee who notifies the Department in writing on
3forms prescribed by the Department may elect to place his or
4her license on inactive status and shall, subject to rules of
5the Department, be excused from payment of renewal fees until
6he or she notifies the Department in writing of his or her
7desire to resume active status.
8    (d) A licensee whose license expired while he or she was
9(1) on active duty with the Armed Forces of the United States
10or the State Militia called into service or training or (2) in
11training or education under the supervision of the United
12States preliminary to induction into the military service, may
13have his or her license renewed or restored without paying any
14lapsed renewal fees if, within 2 years after termination of
15such service, training, or education, except under conditions
16other than honorable, he or she furnishes the Department with
17satisfactory evidence to the effect that he or she has been so
18engaged and that his or her service, training, or education has
19been so terminated.
20    (e) A roofing contractor whose license is expired or on
21inactive status shall not practice under this Act in the State
22of Illinois.
23(Source: P.A. 95-303, eff. 1-1-08.)
24    (225 ILCS 335/7)  (from Ch. 111, par. 7507)
25    (Section scheduled to be repealed on January 1, 2016)



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1    Sec. 7. Fees. The fees for the administration and
2enforcement of this Act, including, but not limited to,
3original certification, renewal, and restoration of a license
4issued under this Act, shall be set by rule. The fees shall be
5nonrefundable. (1) The initial application fee for a
6certificate shall be fixed by the Department by rule. (2) All
7other fees not set forth herein shall be fixed by rule. (3)
8(Blank). (4) (Blank). (5) (Blank). (6) All fees, penalties, and
9fines collected under this Act shall be deposited into the
10General Professions Dedicated Fund and shall be appropriated to
11the Department for the ordinary and contingent expenses of the
12Department in the administration of this Act.
13(Source: P.A. 94-254, eff. 7-19-05.)
14    (225 ILCS 335/9)  (from Ch. 111, par. 7509)
15    (Section scheduled to be repealed on January 1, 2016)
16    Sec. 9. Licensure requirement.
17    (1) It is unlawful for any person to engage in the business
18or act in the capacity of or hold himself, or herself, or
19itself out in any manner as a roofing contractor without having
20been duly licensed under the provisions of this Act.
21    (2) No work involving the construction, reconstruction,
22alteration, maintenance or repair of any kind of roofing or
23waterproofing may be done except by a roofing contractor
24licensed under this Act.
25    (3) Sellers of roofing services may subcontract the



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1provision of those roofing services only to roofing contractors
2licensed under this Act.
3    (4) All persons performing roofing services under this Act
4shall be licensed as roofing contractors, except for those
5persons who are deemed to be employees under Section 10 of the
6Employee Classification Act of a licensed roofing contractor.
7(Source: P.A. 98-838, eff. 1-1-15.)
8    (225 ILCS 335/9.1)  (from Ch. 111, par. 7509.1)
9    (Section scheduled to be repealed on January 1, 2016)
10    Sec. 9.1. Grounds for disciplinary action.
11    (1) The Department may refuse to issue or to renew, or may
12revoke, suspend, place on probation, reprimand or take other
13disciplinary or non-disciplinary action as the Department may
14deem proper, including fines not to exceed $10,000 for each
15violation, with regard to any license for any one or
16combination of the following causes:
17        (a) violation of this Act or its rules;
18        (b) conviction or plea of guilty or nolo contendere,
19    finding of guilt, jury verdict, or entry of judgment or
20    sentencing of any crime, including, but not limited to,
21    convictions, preceding sentences of supervision,
22    conditional discharge, or first offender probation, under
23    the laws of any jurisdiction of the United States or any
24    state or territory thereof that is (i) a felony or (ii) a
25    misdemeanor, an essential element of which is dishonesty or



SB0838- 21 -LRB099 04219 HAF 24241 b

1    that is directly related to the practice of the profession;
2        (c) Fraud or making any misrepresentation in applying
3    for or procuring for the purpose of obtaining a license
4    under this Act, or in connection with applying for renewal
5    of a license under this Act;
6        (d) professional incompetence or gross negligence in
7    the practice of roofing contracting, prima facie evidence
8    of which may be a conviction or judgment in any court of
9    competent jurisdiction against an applicant or licensee
10    relating to the practice of roofing contracting or the
11    construction of a roof or repair thereof that results in
12    leakage within 90 days after the completion of such work;
13        (e) (blank);
14        (f) aiding or assisting another person in violating any
15    provision of this Act or rules;
16        (g) failing, within 60 days, to provide information in
17    response to a written request made by the Department which
18    has been sent by certified or registered mail to the
19    licensee's last known address;
20        (h) engaging in dishonorable, unethical, or
21    unprofessional conduct of a character likely to deceive,
22    defraud, or harm the public;
23        (i) habitual or excessive use or abuse of controlled
24    substances, as defined by the Illinois Controlled
25    Substances Act, alcohol, or any other substance that
26    addiction to alcohol, narcotics, stimulants or any other



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1    chemical agent or drug which results in the inability to
2    practice with reasonable judgment, skill, or safety;
3        (j) discipline by another state, unit of government, or
4    government agency, the District of Columbia, a territory,
5    U.S. jurisdiction or a foreign nation, if at least one of
6    the grounds for the discipline is the same or substantially
7    equivalent to those set forth in this Section;
8        (k) directly or indirectly giving to or receiving from
9    any person, firm, corporation, partnership, or association
10    any fee, commission, rebate, or other form of compensation
11    for any professional services not actually or personally
12    rendered;
13        (l) a finding by the Department that the licensee,
14    after having his or her license disciplined, placed on
15    probationary status has violated the terms of the
16    discipline probation;
17        (m) a finding by any court of competent jurisdiction,
18    either within or without this State, of any violation of
19    any law governing the practice of roofing contracting, if
20    the Department determines, after investigation, that such
21    person has not been sufficiently rehabilitated to warrant
22    the public trust;
23        (n) willfully making or filing false records or reports
24    in the practice of roofing contracting, including, but not
25    limited to, false records filed with the State agencies or
26    departments a finding that licensure has been applied for



SB0838- 23 -LRB099 04219 HAF 24241 b

1    or obtained by fraudulent means;
2        (o) practicing, attempting to practice, or advertising
3    under a name other than the full name as shown on the
4    license or any other legally authorized name;
5        (p) gross and willful overcharging for professional
6    services including filing false statements for collection
7    of fees or monies for which services are not rendered;
8        (q) (blank); failure to file a return, or to pay the
9    tax, penalty or interest shown in a filed return, or to pay
10    any final assessment of tax, penalty or interest, as
11    required by any tax Act administered by the Illinois
12    Department of Revenue, until such time as the requirements
13    of any such tax Act are satisfied;
14        (r) (blank); the Department shall deny any license or
15    renewal under this Act to any person who has defaulted on
16    an educational loan guaranteed by the Illinois State
17    Scholarship Commission; however, the Department may issue
18    a license or renewal if the person in default has
19    established a satisfactory repayment record as determined
20    by the Illinois State Scholarship Commission;
21        (s) failure to continue to meet the requirements of
22    this Act shall be deemed a violation;
23        (t) physical or mental disability, including
24    deterioration through the aging process or loss of
25    abilities and skills that result in an inability to
26    practice the profession with reasonable judgment, skill,



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1    or safety;
2        (u) material misstatement in furnishing information to
3    the Department or to any other State agency;
4        (v) (blank); the determination by a court that a
5    licensee is subject to involuntary admission or judicial
6    admission as provided in the Mental Health and
7    Developmental Disabilities Code will result in an
8    automatic suspension of his or her license. The suspension
9    will end upon a finding by a court that the licensee is no
10    longer subject to involuntary admission or judicial
11    admission, the issuance of an order so finding and
12    discharging the patient, and the recommendation of the
13    Board to the Director that the licensee be allowed to
14    resume professional practice;
15        (w) advertising in any manner that is false,
16    misleading, or deceptive;
17        (x) taking undue advantage of a customer, which results
18    in the perpetration of a fraud;
19        (y) performing any act or practice that is a violation
20    of the Consumer Fraud and Deceptive Business Practices Act;
21        (z) engaging in the practice of roofing contracting, as
22    defined in this Act, with a suspended, revoked, or
23    cancelled license;
24        (aa) treating any person differently to the person's
25    detriment because of race, color, creed, gender, age,
26    religion, or national origin;



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1        (bb) knowingly making any false statement, oral,
2    written, or otherwise, of a character likely to influence,
3    persuade, or induce others in the course of obtaining or
4    performing roofing contracting services;
5        (cc) violation of any final administrative action of
6    the Secretary;
7        (dd) allowing the use of his or her roofing license by
8    an unlicensed roofing contractor for the purposes of
9    providing roofing or waterproofing services; or
10        (ee) (blank); aiding or assisting another person in
11    violating any provision of this Act or its rules,
12    including, but not limited to, Section 9 of this Act.
13        (ff) cheating or attempting to subvert a licensing
14    examination administered under this Act; or
15        (gg) use of a license to permit or enable an unlicensed
16    person to provide roofing contractor services.
17    (2) The determination by a circuit court that a license
18holder is subject to involuntary admission or judicial
19admission, as provided in the Mental Health and Developmental
20Disabilities Code, operates as an automatic suspension. Such
21suspension will end only upon a finding by a court that the
22patient is no longer subject to involuntary admission or
23judicial admission, an order by the court so finding and
24discharging the patient, and the recommendation of the Board to
25the Director that the license holder be allowed to resume his
26or her practice.



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1    (3) The Department may refuse to issue or take disciplinary
2action concerning the license of any person who fails to file a
3return, to pay the tax, penalty, or interest shown in a filed
4return, or to pay any final assessment of tax, penalty, or
5interest as required by any tax Act administered by the
6Department of Revenue, until such time as the requirements of
7any such tax Act are satisfied as determined by the Department
8of Revenue.
9    (4) In enforcing this Section, the Department, upon a
10showing of a possible violation, may compel any individual who
11is licensed under this Act or any individual who has applied
12for licensure to submit to a mental or physical examination or
13evaluation, or both, which may include a substance abuse or
14sexual offender evaluation, at the expense of the Department.
15The Department shall specifically designate the examining
16physician licensed to practice medicine in all of its branches
17or, if applicable, the multidisciplinary team involved in
18providing the mental or physical examination and evaluation.
19The multidisciplinary team shall be led by a physician licensed
20to practice medicine in all of its branches and may consist of
21one or more or a combination of physicians licensed to practice
22medicine in all of its branches, licensed chiropractic
23physicians, licensed clinical psychologists, licensed clinical
24social workers, licensed clinical professional counselors, and
25other professional and administrative staff. Any examining
26physician or member of the multidisciplinary team may require



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1any person ordered to submit to an examination and evaluation
2pursuant to this Section to submit to any additional
3supplemental testing deemed necessary to complete any
4examination or evaluation process, including, but not limited
5to, blood testing, urinalysis, psychological testing, or
6neuropsychological testing.
7    (5) The Department may order the examining physician or any
8member of the multidisciplinary team to provide to the
9Department any and all records, including business records,
10that relate to the examination and evaluation, including any
11supplemental testing performed. The Department may order the
12examining physician or any member of the multidisciplinary team
13to present testimony concerning this examination and
14evaluation of the licensee or applicant, including testimony
15concerning any supplemental testing or documents relating to
16the examination and evaluation. No information, report,
17record, or other documents in any way related to the
18examination and evaluation shall be excluded by reason of any
19common law or statutory privilege relating to communication
20between the licensee or applicant and the examining physician
21or any member of the multidisciplinary team. No authorization
22is necessary from the licensee or applicant ordered to undergo
23an evaluation and examination for the examining physician or
24any member of the multidisciplinary team to provide
25information, reports, records, or other documents or to provide
26any testimony regarding the examination and evaluation. The



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1individual to be examined may have, at his or her own expense,
2another physician of his or her choice present during all
3aspects of the examination.
4    (6) Failure of any individual to submit to mental or
5physical examination or evaluation, or both, when directed,
6shall result in an automatic suspension without hearing until
7such time as the individual submits to the examination. If the
8Department finds a licensee unable to practice because of the
9reasons set forth in this Section, the Department shall require
10the licensee to submit to care, counseling, or treatment by
11physicians approved or designated by the Department as a
12condition for continued, reinstated, or renewed licensure.
13    (7) When the Secretary immediately suspends a license under
14this Section, a hearing upon such person's license must be
15convened by the Department within 15 days after the suspension
16and completed without appreciable delay. The Department shall
17have the authority to review the licensee's record of treatment
18and counseling regarding the impairment to the extent permitted
19by applicable federal statutes and regulations safeguarding
20the confidentiality of medical records.
21    (8) Licensees affected under this Section shall be afforded
22an opportunity to demonstrate to the Department that they can
23resume practice in compliance with acceptable and prevailing
24standards under the provisions of their license.
25    (9) The Department shall deny a license or renewal
26authorized by this Act to a person who has defaulted on an



SB0838- 29 -LRB099 04219 HAF 24241 b

1educational loan or scholarship provided or guaranteed by the
2Illinois Student Assistance Commission or any governmental
3agency of this State in accordance with paragraph (5) of
4subsection (a) of Section 2105-15 of the Department of
5Professional Regulation Law of the Civil Administrative Code of
7    (10) In cases where the Department of Healthcare and Family
8Services has previously determined a licensee or a potential
9licensee is more than 30 days delinquent in the payment of
10child support and has subsequently certified the delinquency to
11the Department, the Department may refuse to issue or renew or
12may revoke or suspend that person's license or may take other
13disciplinary action against that person based solely upon the
14certification of delinquency made by the Department of
15Healthcare and Family Services in accordance with paragraph (5)
16of subsection (a) of Section 2105-15 of the Department of
17Professional Regulation Law of the Civil Administrative Code of
19    The changes to this Act made by this amendatory Act of 1997
20apply only to disciplinary actions relating to events occurring
21after the effective date of this amendatory Act of 1997.
22(Source: P.A. 95-303, eff. 1-1-08; 96-1324, eff. 7-27-10.)
23    (225 ILCS 335/9.2)  (from Ch. 111, par. 7509.2)
24    (Section scheduled to be repealed on January 1, 2016)
25    Sec. 9.2. Record Stenographer; record of proceedings. The



SB0838- 30 -LRB099 04219 HAF 24241 b

1Department, at its expense, shall provide a stenographer to
2take down the testimony and preserve a record of all
3proceedings at the formal hearing of any case initiated
4pursuant to this Act, the rules for the administration of this
5Act, or any other Act or rules relating to this Act and
6proceedings for restoration of any license issued under this
7Act. The notice of hearing, complaint, answer, and all other
8documents in the nature of pleadings and written motions and
9responses filed in the proceedings, the transcript of the
10testimony, all exhibits admitted into evidence, the report of
11the hearing officer, the Board's findings of fact, conclusions
12of law, and recommendations to the Director, and the order of
13the Department shall be the record of the proceedings. Any
14licensee who is found to have violated this Act or who fails to
15appear for a hearing to refuse to issue, restore, or renew a
16license or to discipline a licensee may be required by the
17Department to pay for the costs of the proceeding. These costs
18are limited to costs for court reporters, transcripts, and
19witness attendance and mileage fees. All costs imposed under
20this Section shall be paid within 60 days after the effective
21date of the order imposing the fine. The Department shall
22furnish a transcript of the record to any person interested in
23the hearing upon payment of the fee required under Section
242105-115 of the Department of Professional Regulation Law (20
25ILCS 2105/2105-115).
26(Source: P.A. 91-239, eff. 1-1-00; 91-950, eff. 2-9-01.)



SB0838- 31 -LRB099 04219 HAF 24241 b

1    (225 ILCS 335/9.3)  (from Ch. 111, par. 7509.3)
2    (Section scheduled to be repealed on January 1, 2016)
3    Sec. 9.3. Attendance of witnesses; contempt. Any circuit
4court may, upon application of the Department or its designee
5or of the applicant or licensee against whom proceedings are
6pending, enter an order requiring the attendance of witnesses
7and their testimony of witnesses, and the production of
8relevant documents, papers, files, books and records in
9connection with any hearing or investigation. The court may
10compel obedience to its order by proceedings for contempt.
11(Source: P.A. 86-615.)
12    (225 ILCS 335/9.4)  (from Ch. 111, par. 7509.4)
13    (Section scheduled to be repealed on January 1, 2016)
14    Sec. 9.4. Subpoenas; oaths. The Department has power to
15subpoena and bring before it any person in this State and to
16take the oral or written testimony either orally or by
17deposition or both, or to compel the production of any books,
18papers, records, subpoena documents, exhibits, or other
19materials that the Secretary or his or her designee deems
20relevant or material to an investigation or hearing conducted
21by the Department, with the same fees and mileage and in the
22same manner as prescribed by law in judicial proceedings in
23civil cases in circuit courts of this State.
24    The Secretary, the designated hearing officer, Director



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1and any member of the Roofing Advisory Board, or a certified
2shorthand court reporter may have power to administer oaths to
3witnesses at any hearing that the Department conducts or
4Roofing Advisory Board is authorized by law to conduct.
5Notwithstanding any other statute or Department rule to the
6contrary, all requests for testimony or production of documents
7or records shall be in accordance with this Act. Further, the
8Director has power to administer any other oaths required or
9authorized to be administered by the Department under this Act.
10(Source: P.A. 91-950, eff. 2-9-01.)
11    (225 ILCS 335/9.5)  (from Ch. 111, par. 7509.5)
12    (Section scheduled to be repealed on January 1, 2016)
13    Sec. 9.5. Findings of fact, conclusions of law, and
14recommendations of the Board; rehearing order. The Board shall
15have 90 days after receipt of the report of the hearing officer
16to review the report and present their findings of fact,
17conclusions of law, and recommendations to the Secretary. If
18the Board fails to present its findings of fact, conclusions of
19law, and recommendations within the 90-day period, the
20Secretary may issue an order based on the report of the hearing
21officer. If the Secretary disagrees with the recommendation of
22the Board or hearing officer, then the Secretary may issue an
23order in contravention of the recommendation. In any case
24involving the refusal to issue or renew or the taking of
25disciplinary action against a license, a copy of the Board's



SB0838- 33 -LRB099 04219 HAF 24241 b

1findings of fact, conclusions of law, and recommendations shall
2be served upon the respondent by the Department as provided in
3this Act for the service of the notice of hearing. Within 20
4days after such service, the respondent may present to the
5Department a motion in writing for a rehearing, which motion
6shall specify the particular grounds therefor. If no motion for
7rehearing is filed, then upon the expiration of the time
8specified for filing such a motion or, if a motion for
9rehearing is denied, then upon such denial the Secretary may
10enter an order in accordance with recommendations of the Board.
11If the respondent shall order from the reporting service, and
12pays for a transcript of the record within the time for filing
13a motion for rehearing, the 20-day period within which such a
14motion may be filed shall commence upon the delivery of the
15transcript to the respondent. Whenever the Secretary is
16satisfied that substantial justice has not been done in the
17revocation or suspension of, or the refusal to issue or renew,
18a license, the Secretary may order a rehearing by the hearing
20Within 60 days of the Department's receipt of the transcript of
21any hearing that is conducted pursuant to this Act or the rules
22for its enforcement or any other statute or rule requiring a
23hearing under this Act or the rules for its enforcement, or for
24any hearing related to restoration of any license issued
25pursuant to this Act, the hearing officer shall submit his or
26her written findings and recommendations to the Roofing



SB0838- 34 -LRB099 04219 HAF 24241 b

1Advisory Board. The Roofing Advisory Board shall review the
2report of the hearing officer and shall present its findings of
3fact, conclusions of law, and recommendations to the Director
4by the date of the Board's second meeting following the Board's
5receipt of the hearing officer's report.
6    A copy of the findings of fact, conclusions of law, and
7recommendations to the Director shall be served upon the
8accused person, either personally or by registered or certified
9mail. Within 20 days after service, the accused person may
10present to the Department a written motion for a rehearing,
11which shall state the particular grounds therefor. If the
12accused person orders and pays for a transcript pursuant to
13Section 9.2, the time elapsing thereafter and before the
14transcript is ready for delivery to him or her shall not be
15counted as part of the 20 days.
16    The Director shall issue an order based on the findings of
17fact, conclusions of law, and recommendations to the Director.
18If the Director disagrees in any regard with the findings of
19fact, conclusions of law, and recommendations to the Director,
20he may issue an order in contravention of the findings of fact,
21conclusions of law, and recommendations to the Director.
22    If the Director issues an order in contravention of the
23findings of fact, conclusions of law, and recommendations to
24the Director, the Director shall notify the Board in writing
25with an explanation for any deviation from the Board's findings
26of fact, conclusions of law, and recommendations to the



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1Director within 30 days of the Director's entry of the order.
2(Source: P.A. 91-950, eff. 2-9-01.)
3    (225 ILCS 335/9.6)  (from Ch. 111, par. 7509.6)
4    (Section scheduled to be repealed on January 1, 2016)
5    Sec. 9.6. Summary Temporary suspension pending hearing.
6The Secretary Director may summarily temporarily suspend a the
7license issued under this Act of a roofing contractor without a
8hearing, simultaneously with the institution of proceedings
9for a hearing provided for in this Act, if the Secretary
10Director finds that evidence in his or her possession indicates
11that continuation in practice would constitute an imminent
12danger to the public. In the event that the Secretary summarily
13Director temporarily suspends a license without a hearing, a
14hearing by the Department shall be commenced held within 30
15days after such suspension has occurred and shall be concluded
16as expeditiously as possible.
17(Source: P.A. 89-387, eff. 1-1-96; 90-55, eff. 1-1-98.)
18    (225 ILCS 335/9.7)  (from Ch. 111, par. 7509.7)
19    (Section scheduled to be repealed on January 1, 2016)
20    Sec. 9.7. All final administrative decisions of the
21Department are subject to judicial review pursuant to the
22Administrative Review Law, as amended, and all its rules
23adopted pursuant thereto. The term "administrative decision"
24is defined as in Section 3-101 of the Code of Civil Procedure.



SB0838- 36 -LRB099 04219 HAF 24241 b

1Proceedings for judicial review shall be commenced in the
2circuit court of the county in which the party applying for
3review resides, except that, if the party is not a resident of
4this State, the venue shall be Sangamon County.
5(Source: P.A. 86-615.)
6    (225 ILCS 335/9.8)  (from Ch. 111, par. 7509.8)
7    (Section scheduled to be repealed on January 1, 2016)
8    Sec. 9.8. Criminal penalties. Any person who is found to
9have violated any provision of this Act is guilty of a Class A
10misdemeanor for the first offense. On conviction of a second or
11subsequent offense the violator is guilty of a Class 4 felony.
12Each day of violation constitutes a separate offense.
13(Source: P.A. 89-387, eff. 1-1-96.)
14    (225 ILCS 335/9.9a)
15    (Section scheduled to be repealed on January 1, 2016)
16    Sec. 9.9a. Certification of record; costs. The Department
17shall not be required to certify any record to the court, to
18file an answer in court, or to otherwise appear in any court in
19a judicial review proceeding, unless and until the Department
20has received from the plaintiff payment of the costs of
21furnishing and certifying the record, which costs shall be
22determined by the Department there is filed in the court, with
23the complaint, a receipt from the Department acknowledging
24payment of the costs of furnishing and certifying the record.



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1Failure on the part of the plaintiff to file the receipt in
2court is grounds for dismissal of the action.
3(Source: P.A. 89-387, eff. 1-1-96.)
4    (225 ILCS 335/9.10)  (from Ch. 111, par. 7509.10)
5    (Section scheduled to be repealed on January 1, 2016)
6    Sec. 9.10. Returned checks; fines. Any person who delivers
7a check or other payment to the Department that is returned to
8the Department unpaid by the financial institution upon which
9it is drawn shall pay to the Department, in addition to the
10amount already owed to the Department, a fine of $50. The fines
11imposed by this Section are in addition to any other discipline
12provided under this Act for unlicensed practice or practice on
13a nonrenewed license. The Department shall notify the person
14that payment of fees and fines shall be paid to the Department
15by certified check or money order within 30 calendar days of
16the notification. If, after the expiration of 30 days from the
17date of the notification, the person has failed to submit the
18necessary remittance, the Department shall automatically
19terminate the license or deny the application, without hearing.
20If, after termination or denial, the person seeks a license,
21that person he or she shall apply to the Department for
22restoration or issuance of the license and pay all the
23application fees as set by rule. The Department may establish a
24fee for the processing of an application for restoration of a
25license to pay all expenses of processing this application. The



SB0838- 38 -LRB099 04219 HAF 24241 b

1Director may waive the fines due under this Section in
2individual cases where the Director finds that the fines would
3be unreasonable or unnecessarily burdensome.
4(Source: P.A. 91-950, eff. 2-9-01; 92-146, eff. 1-1-02; 92-651,
5eff. 7-11-02.)
6    (225 ILCS 335/9.14)  (from Ch. 111, par. 7509.14)
7    (Section scheduled to be repealed on January 1, 2016)
8    Sec. 9.14. Appointment of hearing officer. The Secretary
9Director has the authority to appoint any attorney duly
10licensed to practice law in the State of Illinois to serve as
11the hearing officer for any action for refusal to issue or
12renew a license, for discipline of a licensee for sanctions for
13unlicensed practice, for restoration of a license, or for any
14other action for which findings of fact, conclusions of law,
15and recommendations are required pursuant to Section 9.5 of
16this Act. The hearing officer shall have full authority to
17conduct the hearing and shall issue his or her findings of
18fact, conclusions of law, and recommendations to the Board
19pursuant to Section Sections 9.5 of this Act.
20(Source: P.A. 91-950, eff. 2-9-01.)
21    (225 ILCS 335/9.15)  (from Ch. 111, par. 7509.15)
22    (Section scheduled to be repealed on January 1, 2016)
23    Sec. 9.15. Investigation; notice; default. The Department
24may investigate the actions of any applicant or any person or



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1persons holding or claiming to hold a license. The Department
2shall, before refusing to issue, renew, or discipline a
3licensee or applicant suspending, revoking, placing on
4probationary status, or taking any other disciplinary action as
5the Department may deem proper with regard to any license, at
6least 30 days prior to the date set for the hearing, notify the
7applicant or licensee accused in writing of the nature of the
8any charges made and the time and place for a hearing on the
9charges. The Department shall direct the applicant or licensee
10before the hearing officer, direct him or her to file a his
11written answer to the charges with the hearing officer under
12oath within 20 30 days after the service on him or her of the
13such notice, and inform the applicant or licensee him or her
14that failure if he or she fails to file an such answer will
15result in default being will be taken against the applicant or
16licensee him or her and his or her license may be suspended,
17revoked, placed on probationary status, or other disciplinary
18action, including limiting the scope, nature or extent of his
19or her practice, as the Department may deem proper, taken. This
20written notice may be served by personal delivery or certified
21or registered mail to the Department. At the time and place
22fixed in the notice, the Department shall proceed to hear the
23charges and the parties or their counsel shall be accorded
24ample opportunity to present any pertinent statements,
25testimony, evidence, and arguments. The Department may
26continue the hearing from time to time. In case the person



SB0838- 40 -LRB099 04219 HAF 24241 b

1fails to file an answer after receiving notice, the his or her
2license may, in the discretion of the Department, be suspended,
3revoked, or placed on probationary status, or the Department
4may take whatever disciplinary action deemed proper, including
5limiting the scope, nature, or extent of the person's practice
6or the imposition of a fine, without a hearing, if the act or
7acts charged constitute sufficient grounds for such action
8under this Act. The written notice and any notice in the
9subsequent proceeding may be served by registered or certified
10mail to the licensee's address of record. At the time and place
11fixed in the notice, the Department shall proceed to hear the
12charges and the parties or their counsel shall be accorded
13ample opportunity to present such statements, testimony,
14evidence and argument as may be pertinent to the charges or to
15their defense. The Department may continue such hearing from
16time to time. At the discretion of the Director after having
17first received the recommendation of the hearing officer, the
18accused person's license may be suspended, revoked, placed on
19probationary status, or other disciplinary action may be taken
20as the Director may deem proper, including limiting the scope,
21nature, or extent of said person's practice without a hearing,
22if the act or acts charged constitute sufficient grounds for
23such action under this Act.
24(Source: P.A. 90-55, eff. 1-1-98.)
25    (225 ILCS 335/10)  (from Ch. 111, par. 7510)



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1    (Section scheduled to be repealed on January 1, 2016)
2    Sec. 10. Injunctive relief; order to cease and desist
3Enforcement; petition to court.
4    (1) If any person violates the provisions of this Act, the
5Secretary, Director through the Attorney General of the State
6of Illinois, or the State's Attorney of any county in which a
7violation is alleged to have occurred exist, may in the name of
8the People of the State of Illinois petition for an order
9enjoining such violation or for an order enforcing compliance
10with this Act. Upon the filing of a verified petition in such
11court, the court may issue a temporary restraining order,
12without notice or bond, and may preliminarily and permanently
13enjoin such violation, and if it is established that such
14person has violated or is violating the injunction, the Court
15may punish the offender for contempt of court. Proceedings
16under this Section shall be in addition to, and not in lieu of,
17all other remedies and penalties provided by this Act.
18    (2) If any person shall practice as a licensee or hold
19himself or herself out as a licensee without being licensed
20under the provisions of this Act, then any person licensed
21under this Act, any interested party or any person injured
22thereby may, in addition to the Secretary those officers
23identified in subsection (1) of this Section, petition for
24relief as provided in subsection (1) of this Section therein.
25    (3) (Blank).
26    (4) Whenever, in the opinion of the Department, any person



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1violates any provision of this Act, the Department may issue a
2rule to show cause why an order to cease and desist should not
3be entered. The rule shall clearly set forth the grounds relied
4upon by the Department and shall provide a period of 7 days
5after the date of issuance of the rule to file an answer to the
6satisfaction of the Department. Failure to answer to the
7satisfaction of the Department shall cause an order to cease
8and desist to be issued forthwith. Proceedings under this
9Section shall be in addition to, and not in lieu of, all other
10remedies and penalties which may be provided by law.
11(Source: P.A. 95-303, eff. 1-1-08.)
12    (225 ILCS 335/10a)
13    (Section scheduled to be repealed on January 1, 2016)
14    Sec. 10a. Unlicensed practice; violation; civil penalty.
15    (a) In addition to any other penalty provided by law, any
16Any person who practices, offers to practice, attempts to
17practice, or holds himself or herself out to practice roofing
18without being licensed under this Act shall, in addition to any
19other penalty provided by law, pay a civil penalty to the
20Department in an amount not to exceed $10,000 $5,000 for each
21offense as determined by the Department. The civil penalty
22shall be assessed by the Department after a hearing is held in
23accordance with the provisions set forth in this Act regarding
24the provision of a hearing for the discipline of a licensee.
25    (b) The Department has the authority and power to



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1investigate any and all unlicensed activity.
2    (c) The civil penalty shall be paid within 60 days after
3the effective date of the order imposing the civil penalty. The
4order shall constitute a judgment and may be filed and
5execution had thereon in the same manner as any judgment from
6any court of record.
7(Source: P.A. 89-387, eff. 1-1-96.)
8    (225 ILCS 335/11)  (from Ch. 111, par. 7511)
9    (Section scheduled to be repealed on January 1, 2016)
10    Sec. 11. Application of Act.
11    (1) Nothing in this Act limits the power of a municipality,
12city, or county, or incorporated area to regulate the quality
13and character of work performed by roofing contractors through
14a system of permits, fees, and inspections which are designed
15to secure compliance with and aid in the implementation of
16State and local building laws or to enforce other local laws
17for the protection of the public health and safety.
18    (2) Nothing in this Act shall be construed to require a
19seller of roofing materials or services to be licensed as a
20roofing contractor when the construction, reconstruction,
21alteration, maintenance or repair of roofing or waterproofing
22is to be performed by a person other than the seller or the
23seller's employees.
24    (3) Nothing in this Act shall be construed to require a
25person who performs roofing or waterproofing work to his or her



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1own property, or for no consideration, to be licensed as a
2roofing contractor.
3    (4) Nothing in this Act shall be construed to require a
4person who performs roofing or waterproofing work to his or her
5employer's property to be licensed as a roofing contractor,
6where there exists an employer-employee relationship. Nothing
7in this Act shall be construed to apply to the installation of
8plastics, glass or fiberglass to greenhouses and related
9horticultural structures, or to the repair or construction of
10farm buildings.
11    (5) Nothing in this Act limits the power of a municipality,
12city, or county, or incorporated area to collect occupational
13license and inspection fees for engaging in roofing
15    (6) Nothing in this Act limits the power of the
16municipalities, cities, or counties, or incorporated areas to
17adopt any system of permits requiring submission to and
18approval by the municipality, city, or county, or incorporated
19area of plans and specifications for work to be performed by
20roofing contractors before commencement of the work.
21    (7) Any official authorized to issue building or other
22related permits shall ascertain that the applicant contractor
23is duly licensed before issuing the permit. The evidence shall
24consist only of the exhibition to him or her of current
25evidence of licensure.
26    (8) This Act applies to any roofing contractor performing



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1work for the State or any municipality, city, county, or
2incorporated area municipality. Officers of the State or any
3municipality, city, county or incorporated area municipality
4are required to determine compliance with this Act before
5awarding any contracts for construction, improvement,
6remodeling, or repair.
7    (9) If an incomplete contract exists at the time of death
8of a licensee contractor, the contract may be completed by any
9person even though not licensed. Such person shall notify the
10Department within 30 days after the death of the contractor of
11his or her name and address. For the purposes of this
12subsection, an incomplete contract is one which has been
13awarded to, or entered into by, the licensee contractor before
14his or her death or on which he or she was the low bidder and
15the contract is subsequently awarded to him or her regardless
16of whether any actual work has commenced under the contract
17before his or her death.
18    (10) The State or any municipality, city, county, or
19incorporated area municipality may require that bids submitted
20for roofing construction, improvement, remodeling, or repair
21of public buildings be accompanied by evidence that that bidder
22holds an appropriate license issued pursuant to this Act.
23    (11) (Blank).
24    (12) Nothing in this Act shall prevent a municipality,
25city, county, or incorporated area from making laws or
26ordinances that are more stringent than those contained in this



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2(Source: P.A. 97-965, eff. 8-15-12.)
3    (225 ILCS 335/11.5)
4    (Section scheduled to be repealed on January 1, 2016)
5    Sec. 11.5. Board. The Roofing Advisory Board is created and
6shall consist of 8 persons, one of whom is a knowledgeable
7public member and 7 of whom have been issued licenses as
8roofing contractors by the Department. One of the 7 licensed
9roofing contractors on the Board shall represent a statewide
10association representing home builders and another of the 7
11licensed roofing contractors shall represent an association
12predominately representing retailers. The public member shall
13not be licensed under this Act or any other Act the Department
14administers. Each member shall be appointed by the Secretary
15Director. Five members of the Board shall constitute a quorum.
16A quorum is required for all Board decisions. Members shall be
17appointed who reasonably represent the different geographic
18areas of the State. A quorum of the Board shall consist of the
19majority of Board members appointed.
20    Members of the Roofing Advisory Board shall be immune from
21suit in any action based upon any disciplinary proceedings or
22other acts performed in good faith as members of the Roofing
23Advisory Board, unless the conduct that gave rise to the suit
24was willful and wanton misconduct.
25    The persons appointed shall hold office for 4 years and



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1until a successor is appointed and qualified. The initial terms
2shall begin July 1, 1997. Of the members of the Board first
3appointed, 2 shall be appointed to serve for 2 years, 2 shall
4be appointed to serve for 3 years, and 3 shall be appointed to
5serve for 4 years. No member shall serve more than 2 complete 4
6year terms.
7    The Secretary shall have the authority to remove or suspend
8any member of the Board for cause at any time before the
9expiration of his or her term. The Secretary shall be the sole
10arbiter of cause.
11    Within 90 days of a vacancy occurring, the Secretary
12Director shall fill the vacancy for the unexpired portion of
13the term with an appointee who meets the same qualifications as
14the person whose position has become vacant. The Board shall
15meet annually to elect one member as chairman and one member as
16vice-chairman. No officer shall be elected more than twice in
17succession to the same office. The members of the Board shall
18receive reimbursement for actual, necessary, and authorized
19expenses incurred in attending the meetings of the Board.
20(Source: P.A. 94-254, eff. 7-19-05.)
21    (225 ILCS 335/11.6 new)
22    Sec. 11.6. Confidentiality. All information collected by
23the Department in the course of an examination or investigation
24of a licensee or applicant, including, but not limited to, any
25complaint against a licensee filed with the Department and



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1information collected to investigate any such complaint, shall
2be maintained for the confidential use of the Department and
3shall not be disclosed. The Department may not disclose the
4information to anyone other than law enforcement officials,
5other regulatory agencies that have an appropriate regulatory
6interest as determined by the Secretary, or a party presenting
7a lawful subpoena to the Department. Information and documents
8disclosed to a federal, State, county, or local law enforcement
9agency shall not be disclosed by the agency for any purpose to
10any other agency or person. A formal complaint filed against a
11licensee by the Department or any order issued by the
12Department against a licensee or applicant shall be a public
13record, except as otherwise prohibited by law.
14    (225 ILCS 335/11.7 new)
15    Sec. 11.7. Order or certified copy; prima facie proof. An
16order or a certified copy thereof, over the seal of the
17Department and purporting to be signed by the Secretary, shall
18be prima facie proof that:
19        (1) the signature is the genuine signature of the
20    Secretary; and
21        (2) the Secretary is duly appointed and qualified.
22    (225 ILCS 335/11.8 new)
23    Sec. 11.8. Surrender of license. Upon the revocation or
24suspension of any license, the licensee shall immediately



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1surrender the license or licenses to the Department. If the
2licensee fails to do so, the Department shall have the right to
3seize the license.
4    (225 ILCS 335/11.9 new)
5    Sec. 11.9. Suspension of license for failure to pay
6restitution. The Department, without further process or
7hearing, shall suspend the license or other authorization to
8practice of any person issued under this Act who has been
9certified by court order as not having paid restitution to a
10person under Section 8A-3.5 of the Illinois Public Aid Code or
11under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or
12the Criminal Code of 2012. A person whose license or other
13authorization to practice is suspended under this Section is
14prohibited from practicing until the restitution is made in
16    (225 ILCS 335/11.10 new)
17    Sec. 11.10. Citations.
18    (a) The Department may adopt rules to permit the issuance
19of citations for non-frivolous complaints. The citation shall
20list the person's name and address, a brief factual statement,
21the Sections of the Act or rules allegedly violated, the
22penalty imposed, and if applicable the licensee's license
23number. The citation must clearly state that the person may
24choose, in lieu of accepting the citation, to request a



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1hearing. If the person does not dispute the matter in the
2citation with the Department within 30 days after the citation
3is served, then the citation shall become a final order and
4shall constitute discipline. The penalty shall be a fine or
5other conditions as established by rule.
6    (b) The Department shall adopt rules designating
7violations for which a citation may be issued. Such rules shall
8designate as citation violations those violations for which
9there is no substantial threat to the public health, safety,
10and welfare. Citations shall not be utilized if there was any
11significant consumer harm resulting from the violation.
12    (c) A citation must be issued within 6 months after the
13reporting of a violation that is the basis for the citation.
14    (d) Service of a citation may be made by personal service
15or certified mail to the person at the person's last known
16address of record or, if applicable, the licensee's address of
18    (225 ILCS 335/8 rep.)
19    (225 ILCS 335/9.12 rep.)
20    (225 ILCS 335/10b rep.)
21    Section 15. The Illinois Roofing Industry Licensing Act is
22amended by repealing Sections 8, 9.12, and 10b.
23    Section 99. Effective date. This Act takes effect upon
24becoming law.



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2 Statutes amended in order of appearance
3    5 ILCS 80/4.26
4    5 ILCS 80/4.36 new
5    225 ILCS 335/2from Ch. 111, par. 7502
6    225 ILCS 335/2.1from Ch. 111, par. 7502.1
7    225 ILCS 335/3from Ch. 111, par. 7503
8    225 ILCS 335/3.5
9    225 ILCS 335/4.5
10    225 ILCS 335/5from Ch. 111, par. 7505
11    225 ILCS 335/5.1
12    225 ILCS 335/5.5
13    225 ILCS 335/6from Ch. 111, par. 7506
14    225 ILCS 335/7from Ch. 111, par. 7507
15    225 ILCS 335/9from Ch. 111, par. 7509
16    225 ILCS 335/9.1from Ch. 111, par. 7509.1
17    225 ILCS 335/9.2from Ch. 111, par. 7509.2
18    225 ILCS 335/9.3from Ch. 111, par. 7509.3
19    225 ILCS 335/9.4from Ch. 111, par. 7509.4
20    225 ILCS 335/9.5from Ch. 111, par. 7509.5
21    225 ILCS 335/9.6from Ch. 111, par. 7509.6
22    225 ILCS 335/9.7from Ch. 111, par. 7509.7
23    225 ILCS 335/9.8from Ch. 111, par. 7509.8
24    225 ILCS 335/9.9a
25    225 ILCS 335/9.10from Ch. 111, par. 7509.10



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1    225 ILCS 335/9.14from Ch. 111, par. 7509.14
2    225 ILCS 335/9.15from Ch. 111, par. 7509.15
3    225 ILCS 335/10from Ch. 111, par. 7510
4    225 ILCS 335/10a
5    225 ILCS 335/11from Ch. 111, par. 7511
6    225 ILCS 335/11.5
7    225 ILCS 335/11.6 new
8    225 ILCS 335/11.7 new
9    225 ILCS 335/11.8 new
10    225 ILCS 335/11.9 new
11    225 ILCS 335/11.10 new
12    225 ILCS 335/8 rep.
13    225 ILCS 335/9.12 rep.
14    225 ILCS 335/10b rep.