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




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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 Acts repealed on January 1, 2016.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8Acts are repealed on January 1, 2016: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 Act repealed on January 1, 2026.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1Act is repealed on January 1, 2026: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9    (Section scheduled to be repealed on January 1, 2016)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.
14Both examinations shall cover Illinois jurisprudence as it
15relates to roofing practice.
16    (b) An applicant for a limited license or an unlimited
17license or a qualifying party designated by an applicant for a
18limited license or unlimited license shall pay, either to the
19Department or the designated testing service, a fee established
20by the Department to cover the cost of providing the
21examination. Failure of the individual scheduled to appear for
22the examination on the scheduled date at the time and place
23specified, after the applicant's his or her application for
24examination has been received and acknowledged by the
25Department or the designated testing service, shall result in
26forfeiture of the examination fee.



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1    (c) The qualifying party for an applicant for a new license
2must have passed an examination authorized by the Department
3before the Department may issue a license.
4    (d) The application for a license as a corporation,
5business trust, or other legal entity submitted by a sole
6proprietor who is currently licensed under this Act and exempt
7from the examination requirement of this Section shall not be
8considered an application for initial licensure for the
9purposes of this subsection (d) if the sole proprietor is named
10in the application as the qualifying party and is the sole
11owner of the legal entity. Upon issuance of a license to the
12new legal entity, the sole proprietorship license is
14    The application for initial licensure as a partnership,
15corporation, business trust, or other legal entity submitted by
16a currently licensed partnership, corporation, business trust,
17or other legal entity shall not be considered an application
18for initial licensure for the purposes of this subsection (d)
19if the entity's current qualifying party is exempt from the
20examination requirement of this Section, that qualifying party
21is named as the new legal entity's qualifying party, and the
22majority of ownership in the new legal entity remains the same
23as the currently licensed entity. Upon issuance of a license to
24the new legal entity under this subsection (d), the former
25license issued to the applicant is terminated.
26    (e) An applicant has 3 years after the date of his or her



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1application to complete the application process. If the process
2has not been completed within 3 years, the application shall be
3denied, the fee shall be forfeited, and the applicant must
4reapply and meet the requirements in effect at the time of
6(Source: P.A. 95-303, eff. 1-1-08; 96-624, eff. 1-1-10.)
7    (225 ILCS 335/4.5)
8    (Section scheduled to be repealed on January 1, 2016)
9    Sec. 4.5. Duties of qualifying party; replacement; grounds
10for discipline.
11    (a) While engaged as or named as a qualifying party for a
12licensee, no person may be the named qualifying party for any
13other licensee. However, the person may act in the capacity of
14the qualifying party for one additional licensee of the same
15type of licensure if one of the following conditions exists:
16        (1) there There is a common ownership of at least 25%
17    of each licensed entity for which the person acts as a
18    qualifying party; or .
19        (2) the The same person acts as a qualifying party for
20    one licensed entity and its licensed subsidiary.
21    "Subsidiary" as used in this Section means a corporation of
22which at least 25% is owned by another licensee.
23    (b) Upon the loss of In the event that a qualifying party
24who is not replaced is terminated or terminating his or her
25status as qualifying party of a licensee, the qualifying party



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1or and the licensee, or both, shall notify the Department of
2that fact in writing. Thereafter, the licensee shall notify the
3Department of the name and address of the newly designated
4qualifying party. The newly designated qualifying party must
5take and pass the examination prescribed in Section 3.5 of this
6Act; however, a newly designated qualifying party is exempt
7from the examination requirement until January 1, 2012 if he or
8she has acted in the capacity of a roofing contractor for a
9period of at least 15 years for the licensee for which he or
10she seeks to be the qualifying party. These requirements shall
11be met in a timely manner as established by rule of the
13    (c) A qualifying party that is accepted by the Department
14shall have the authority to act for the licensed entity in all
15matters connected with its roofing contracting business and to
16supervise roofing installation operations. This authority
17shall not be deemed to be a license for purposes of this Act.
18    (d) Designation of a qualifying party by an applicant under
19this Section and Section 3 is subject to acceptance by the
20Department. The Department may refuse to accept a qualifying
21party (i) for failure to qualify as required under this Act and
22the rules adopted under this Act or (ii) after making a
23determination that the designated party has a history of acting
24illegally, fraudulently, incompetently, or with gross
25negligence in the roofing or construction business.
26    (e) The Department may, at any time after giving



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1appropriate notice and the opportunity for a hearing, suspend
2or revoke its acceptance of a qualifying party designated by a
3licensee for any act or failure to act that gives rise to any
4ground for disciplinary action against that licensee under
5Section 9.1 or 9.6 of this Act and the rules adopted under this
6Act. If the Department suspends or revokes its acceptance of a
7qualifying party, the license of the licensee shall be deemed
8to be suspended until a new qualifying party has been
9designated by the licensee and accepted by the Department.
10    If acceptance of a qualifying party is suspended or revoked
11for action or inaction that constitutes a violation of this Act
12or the rules adopted under this Act, the Department may in
13addition take such other disciplinary or non-disciplinary
14action as it may deem proper, including imposing a fine on the
15qualifying party, not to exceed $10,000 for each violation.
16    All administrative decisions of the Department under this
17subsection (e) are subject to judicial review pursuant to
18Section 9.7 of this Act. An order taking action against a
19qualifying party shall be deemed a final administrative
20decision of the Department for purposes of Section 9.7 of this
22(Source: P.A. 96-624, eff. 1-1-10.)
23    (225 ILCS 335/5)  (from Ch. 111, par. 7505)
24    (Section scheduled to be repealed on January 1, 2016)
25    Sec. 5. Display of license number; building permits;



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2    (a) Each State licensed roofing contractor shall affix the
3roofing contractor license number and the licensee's name, as
4it appears on the license, to all of his or her contracts and
5bids. In addition, the official issuing building permits shall
6affix the roofing contractor license number to each application
7for a building permit and on each building permit issued and
9    (a-3) A municipality or a county that requires a building
10permit may not issue a building permit to a roofing contractor
11unless that contractor has provided sufficient proof of current
12licensure that he or she is licensed currently as a roofing
13contractor by the State. Holders of an unlimited roofing
14license may be issued permits for residential, commercial, and
15industrial roofing projects. Holders of a limited roofing
16license are restricted to permits for work on residential
17properties consisting of 8 units or less.
18    (a-5) A person who knowingly, in the course of applying for
19a building permit with a unit of local government, provides the
20roofing license number or name of a roofing contractor whom
21that person he or she does not intend to have perform the work
22on the roofing portion of the project commits identity theft
23under paragraph (8) of subsection (a) of Section 16-30 of the
24Criminal Code of 2012.
25    (a-10) A building permit applicant must present a
26government-issued identification along with the building



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1permit application. Except for the name of the individual, all
2other personal information contained in the government-issued
3identification shall be exempt from disclosure under
4subsection (c) of Section 7 of the Freedom of Information Act.
5The official issuing the building permit shall maintain the
6name and identification number, as it appears on the
7government-issued identification, in the building permit
8application file. It is not necessary that the building permit
9applicant be the qualifying party. This subsection shall not
10apply to a county or municipality whose building permit process
11occurs through electronic means.
12    (b) (Blank).
13    (c) Every holder of a license shall display it in a
14conspicuous place in the licensee's his or her principal
15office, place of business, or place of employment.
16    (d) No person licensed under this Act may advertise
17services regulated by this Act unless that person includes in
18the advertisement the roofing contractor license number and the
19licensee's name, as it appears on the license. Nothing
20contained in this subsection requires the publisher of
21advertising for roofing contractor services to investigate or
22verify the accuracy of the license number provided by the
24    (e) A person who advertises services regulated by this Act
25who knowingly (i) fails to display the license number and the
26licensee's name, as it appears on the license, in any manner



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1required by this Section, (ii) fails to provide a publisher
2with the correct license number as required by subsection (d),
3or (iii) provides a publisher with a false license number or a
4license number of another person, or a person who knowingly
5allows the licensee's his or her license number to be displayed
6or used by another person to circumvent any provisions of this
7Section, is guilty of a Class A misdemeanor with a fine of
8$1,000, and, in addition, is subject to the administrative
9enforcement provisions of this Act. Each day that an
10advertisement runs or each day that a person knowingly allows
11the licensee's his or her license to be displayed or used in
12violation of this Section constitutes a separate offense.
13(Source: P.A. 96-624, eff. 1-1-10; 96-1324, eff. 7-27-10;
1497-235, eff. 1-1-12; 97-597, eff. 1-1-12; 97-965, eff. 8-15-12;
1597-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
16    (225 ILCS 335/5.1)
17    (Section scheduled to be repealed on January 1, 2016)
18    Sec. 5.1. Commercial vehicles. Any entity offering
19services regulated by the Roofing Industry Licensing Act shall
20affix the roofing contractor license number and the licensee's
21name, as it appears on the license, on all commercial vehicles
22used in offering such services. An entity in violation of this
23Section shall be subject to a $250 civil penalty. This Section
24may be enforced by local code enforcement officials employed by
25units of local government as it relates to roofing work being



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



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



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1    (225 ILCS 335/7)  (from Ch. 111, par. 7507)
2    (Section scheduled to be repealed on January 1, 2016)
3    Sec. 7. Fees. The fees for the administration and
4enforcement of this Act, including, but not limited to,
5original certification, renewal, and restoration of a license
6issued under this Act, shall be set by rule. The fees shall be
7nonrefundable. (1) The initial application fee for a
8certificate shall be fixed by the Department by rule. (2) All
9other fees not set forth herein shall be fixed by rule. (3)
10(Blank). (4) (Blank). (5) (Blank). (6) All fees, penalties, and
11fines collected under this Act shall be deposited into the
12General Professions Dedicated Fund and shall be appropriated to
13the Department for the ordinary and contingent expenses of the
14Department in the administration of this Act.
15(Source: P.A. 94-254, eff. 7-19-05.)
16    (225 ILCS 335/9)  (from Ch. 111, par. 7509)
17    (Section scheduled to be repealed on January 1, 2016)
18    Sec. 9. Licensure requirement.
19    (1) It is unlawful for any person to engage in the business
20or act in the capacity of or hold himself, or herself, or
21itself out in any manner as a roofing contractor without having
22been duly licensed under the provisions of this Act.
23    (2) No work involving the construction, reconstruction,
24alteration, maintenance or repair of any kind of roofing or
25waterproofing may be done except by a roofing contractor



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1licensed under this Act.
2    (3) Sellers of roofing services may subcontract the
3provision of those roofing services only to roofing contractors
4licensed under this Act.
5    (4) All persons performing roofing services under this Act
6shall be licensed as roofing contractors, except for those
7persons who are deemed to be employees under Section 10 of the
8Employee Classification Act of a licensed roofing contractor.
9(Source: P.A. 98-838, eff. 1-1-15.)
10    (225 ILCS 335/9.1)  (from Ch. 111, par. 7509.1)
11    (Section scheduled to be repealed on January 1, 2016)
12    Sec. 9.1. Grounds for disciplinary action.
13    (1) The Department may refuse to issue or to renew, or may
14revoke, suspend, place on probation, reprimand or take other
15disciplinary or non-disciplinary action as the Department may
16deem proper, including fines not to exceed $10,000 for each
17violation, with regard to any license for any one or
18combination of the following causes:
19        (a) violation of this Act or its rules;
20        (b) conviction or plea of guilty or nolo contendere,
21    finding of guilt, jury verdict, or entry of judgment or
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 or any



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



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



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



SB0838 Engrossed- 24 -LRB099 04219 HAF 24241 b

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



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



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



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



SB0838 Engrossed- 28 -LRB099 04219 HAF 24241 b

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



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1    (9) The Department shall deny a license or renewal
2authorized by this Act to a person who has defaulted on an
3educational loan or scholarship provided or guaranteed by the
4Illinois Student Assistance Commission or any governmental
5agency of this State in accordance with paragraph (5) of
6subsection (a) of Section 2105-15 of the Department of
7Professional Regulation Law of the Civil Administrative Code of
9    (10) In cases where the Department of Healthcare and Family
10Services has previously determined a licensee or a potential
11licensee is more than 30 days delinquent in the payment of
12child support and has subsequently certified the delinquency to
13the Department, the Department may refuse to issue or renew or
14may revoke or suspend that person's license or may take other
15disciplinary action against that person based solely upon the
16certification of delinquency made by the Department of
17Healthcare and Family Services in accordance with paragraph (5)
18of subsection (a) of Section 2105-15 of the Department of
19Professional Regulation Law of the Civil Administrative Code of
21    The changes to this Act made by this amendatory Act of 1997
22apply only to disciplinary actions relating to events occurring
23after the effective date of this amendatory Act of 1997.
24(Source: P.A. 95-303, eff. 1-1-08; 96-1324, eff. 7-27-10.)
25    (225 ILCS 335/9.2)  (from Ch. 111, par. 7509.2)



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1    (Section scheduled to be repealed on January 1, 2016)
2    Sec. 9.2. Record Stenographer; record of proceedings. The
3Department, at its expense, shall provide a stenographer to
4take down the testimony and preserve a record of all
5proceedings at the formal hearing of any case initiated
6pursuant to this Act, the rules for the administration of this
7Act, or any other Act or rules relating to this Act and
8proceedings for restoration of any license issued under this
9Act. The notice of hearing, complaint, answer, and all other
10documents in the nature of pleadings and written motions and
11responses filed in the proceedings, the transcript of the
12testimony, all exhibits admitted into evidence, the report of
13the hearing officer, the Board's findings of fact, conclusions
14of law, and recommendations to the Director, and the order of
15the Department shall be the record of the proceedings. Any
16licensee who is found to have violated this Act or who fails to
17appear for a hearing to refuse to issue, restore, or renew a
18license or to discipline a licensee may be required by the
19Department to pay for the costs of the proceeding. These costs
20are limited to costs for court reporters, transcripts, and
21witness attendance and mileage fees. All costs imposed under
22this Section shall be paid within 60 days after the effective
23date of the order imposing the fine. The Department shall
24furnish a transcript of the record to any person interested in
25the hearing upon payment of the fee required under Section
262105-115 of the Department of Professional Regulation Law (20



SB0838 Engrossed- 31 -LRB099 04219 HAF 24241 b

1ILCS 2105/2105-115).
2(Source: P.A. 91-239, eff. 1-1-00; 91-950, eff. 2-9-01.)
3    (225 ILCS 335/9.3)  (from Ch. 111, par. 7509.3)
4    (Section scheduled to be repealed on January 1, 2016)
5    Sec. 9.3. Attendance of witnesses; contempt. Any circuit
6court may, upon application of the Department or its designee
7or of the applicant or licensee against whom proceedings are
8pending, enter an order requiring the attendance of witnesses
9and their testimony of witnesses, and the production of
10relevant documents, papers, files, books and records in
11connection with any hearing or investigation. The court may
12compel obedience to its order by proceedings for contempt.
13(Source: P.A. 86-615.)
14    (225 ILCS 335/9.4)  (from Ch. 111, par. 7509.4)
15    (Section scheduled to be repealed on January 1, 2016)
16    Sec. 9.4. Subpoenas; oaths. The Department has power to
17subpoena and bring before it any person in this State and to
18take the oral or written testimony either orally or by
19deposition or both, or to compel the production of any books,
20papers, records, subpoena documents, exhibits, or other
21materials that the Secretary or his or her designee deems
22relevant or material to an investigation or hearing conducted
23by the Department, with the same fees and mileage and in the
24same manner as prescribed by law in judicial proceedings in



SB0838 Engrossed- 32 -LRB099 04219 HAF 24241 b

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



SB0838 Engrossed- 33 -LRB099 04219 HAF 24241 b

1involving the refusal to issue or renew or the taking of
2disciplinary action against a license, a copy of the Board's
3findings of fact, conclusions of law, and recommendations shall
4be served upon the respondent by the Department as provided in
5this Act for the service of the notice of hearing. Within 20
6days after such service, the respondent may present to the
7Department a motion in writing for a rehearing, which motion
8shall specify the particular grounds therefor. If no motion for
9rehearing is filed, then upon the expiration of the time
10specified for filing such a motion or, if a motion for
11rehearing is denied, then upon such denial the Secretary may
12enter an order in accordance with recommendations of the Board.
13If the respondent shall order from the reporting service, and
14pays for a transcript of the record within the time for filing
15a motion for rehearing, the 20-day period within which such a
16motion may be filed shall commence upon the delivery of the
17transcript to the respondent. Whenever the Secretary is
18satisfied that substantial justice has not been done in the
19revocation or suspension of, or the refusal to issue or renew,
20a license, the Secretary may order a rehearing by the hearing
22Within 60 days of the Department's receipt of the transcript of
23any hearing that is conducted pursuant to this Act or the rules
24for its enforcement or any other statute or rule requiring a
25hearing under this Act or the rules for its enforcement, or for
26any hearing related to restoration of any license issued



SB0838 Engrossed- 34 -LRB099 04219 HAF 24241 b

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



SB0838 Engrossed- 35 -LRB099 04219 HAF 24241 b

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



SB0838 Engrossed- 36 -LRB099 04219 HAF 24241 b

1adopted pursuant thereto. The term "administrative decision"
2is defined as in Section 3-101 of the Code of Civil Procedure.
3Proceedings for judicial review shall be commenced in the
4circuit court of the county in which the party applying for
5review resides, except that, if the party is not a resident of
6this State, the venue shall be Sangamon County.
7(Source: P.A. 86-615.)
8    (225 ILCS 335/9.8)  (from Ch. 111, par. 7509.8)
9    (Section scheduled to be repealed on January 1, 2016)
10    Sec. 9.8. Criminal penalties. Any person who is found to
11have violated any provision of this Act is guilty of a Class A
12misdemeanor for the first offense. On conviction of a second or
13subsequent offense the violator is guilty of a Class 4 felony.
14Each day of violation constitutes a separate offense.
15(Source: P.A. 89-387, eff. 1-1-96.)
16    (225 ILCS 335/9.9a)
17    (Section scheduled to be repealed on January 1, 2016)
18    Sec. 9.9a. Certification of record; costs. The Department
19shall not be required to certify any record to the court, to
20file an answer in court, or to otherwise appear in any court in
21a judicial review proceeding, unless and until the Department
22has received from the plaintiff payment of the costs of
23furnishing and certifying the record, which costs shall be
24determined by the Department there is filed in the court, with



SB0838 Engrossed- 37 -LRB099 04219 HAF 24241 b

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



SB0838 Engrossed- 38 -LRB099 04219 HAF 24241 b

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



SB0838 Engrossed- 39 -LRB099 04219 HAF 24241 b

1    Sec. 9.15. Investigation; notice; default. The Department
2may investigate the actions of any applicant or any person or
3persons holding or claiming to hold a license. The Department
4shall, before refusing to issue, renew, or discipline a
5licensee or applicant suspending, revoking, placing on
6probationary status, or taking any other disciplinary action as
7the Department may deem proper with regard to any license, at
8least 30 days prior to the date set for the hearing, notify the
9applicant or licensee accused in writing of the nature of the
10any charges made and the time and place for a hearing on the
11charges. The Department shall direct the applicant or licensee
12before the hearing officer, direct him or her to file a his
13written answer to the charges with the hearing officer under
14oath within 20 30 days after the service on him or her of the
15such notice, and inform the applicant or licensee him or her
16that failure if he or she fails to file an such answer will
17result in default being will be taken against the applicant or
18licensee him or her and his or her license may be suspended,
19revoked, placed on probationary status, or other disciplinary
20action, including limiting the scope, nature or extent of his
21or her practice, as the Department may deem proper, taken. This
22written notice may be served by personal delivery or certified
23or registered mail to the Department. At the time and place
24fixed in the notice, the Department shall proceed to hear the
25charges and the parties or their counsel shall be accorded
26ample opportunity to present any pertinent statements,



SB0838 Engrossed- 40 -LRB099 04219 HAF 24241 b

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



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1    (225 ILCS 335/10)  (from Ch. 111, par. 7510)
2    (Section scheduled to be repealed on January 1, 2016)
3    Sec. 10. Injunctive relief; order to cease and desist
4Enforcement; petition to court.
5    (1) If any person violates the provisions of this Act, the
6Secretary, Director through the Attorney General of the State
7of Illinois, or the State's Attorney of any county in which a
8violation is alleged to have occurred exist, may in the name of
9the People of the State of Illinois petition for an order
10enjoining such violation or for an order enforcing compliance
11with this Act. Upon the filing of a verified petition in such
12court, the court may issue a temporary restraining order,
13without notice or bond, and may preliminarily and permanently
14enjoin such violation, and if it is established that such
15person has violated or is violating the injunction, the Court
16may punish the offender for contempt of court. Proceedings
17under this Section shall be in addition to, and not in lieu of,
18all other remedies and penalties provided by this Act.
19    (2) If any person shall practice as a licensee or hold
20himself or herself out as a licensee without being licensed
21under the provisions of this Act, then any person licensed
22under this Act, any interested party or any person injured
23thereby may, in addition to the Secretary those officers
24identified in subsection (1) of this Section, petition for
25relief as provided in subsection (1) of this Section therein.



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



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



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1    (3) Nothing in this Act shall be construed to require a
2person who performs roofing or waterproofing work to his or her
3own property, or for no consideration, to be licensed as a
4roofing contractor.
5    (4) Nothing in this Act shall be construed to require a
6person who performs roofing or waterproofing work to his or her
7employer's property to be licensed as a roofing contractor,
8where there exists an employer-employee relationship. Nothing
9in this Act shall be construed to apply to the installation of
10plastics, glass or fiberglass to greenhouses and related
11horticultural structures, or to the repair or construction of
12farm buildings.
13    (5) Nothing in this Act limits the power of a municipality,
14city, or county, or incorporated area to collect occupational
15license and inspection fees for engaging in roofing
17    (6) Nothing in this Act limits the power of the
18municipalities, cities, or counties, or incorporated areas to
19adopt any system of permits requiring submission to and
20approval by the municipality, city, or county, or incorporated
21area of plans and specifications for work to be performed by
22roofing contractors before commencement of the work.
23    (7) Any official authorized to issue building or other
24related permits shall ascertain that the applicant contractor
25is duly licensed before issuing the permit. The evidence shall
26consist only of the exhibition to him or her of current



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



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1city, county, or incorporated area from making laws or
2ordinances that are more stringent than those contained in this
4(Source: P.A. 97-965, eff. 8-15-12.)
5    (225 ILCS 335/11.5)
6    (Section scheduled to be repealed on January 1, 2016)
7    Sec. 11.5. Board. The Roofing Advisory Board is created and
8shall consist of 8 persons, one of whom is a knowledgeable
9public member and 7 of whom are (i) designated as the
10qualifying party of a licensed roofing contractor or (ii)
11legally qualified to act for the business organization on
12behalf of the licensee in all matters connected with its
13roofing contracting business, have the authority to supervise
14roofing installation operations, and actively engaged in
15day-to-day activities of the business organization for a
16licensed roofing contractor have been issued licenses as
17roofing contractors by the Department. One of the 7 nonpublic
18members licensed roofing contractors on the Board shall
19represent a statewide association representing home builders
20and another of the 7 nonpublic members licensed roofing
21contractors shall represent an association predominately
22representing retailers. The public member shall not be licensed
23under this Act or any other Act the Department administers.
24Each member shall be appointed by the Secretary Director. Five
25members of the Board shall constitute a quorum. A quorum is



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1required for all Board decisions. Members shall be appointed
2who reasonably represent the different geographic areas of the
3State. A quorum of the Board shall consist of the majority of
4Board members appointed.
5    Members of the Roofing Advisory Board shall be immune from
6suit in any action based upon any disciplinary proceedings or
7other acts performed in good faith as members of the Roofing
8Advisory Board, unless the conduct that gave rise to the suit
9was willful and wanton misconduct.
10    The persons appointed shall hold office for 4 years and
11until a successor is appointed and qualified. The initial terms
12shall begin July 1, 1997. Of the members of the Board first
13appointed, 2 shall be appointed to serve for 2 years, 2 shall
14be appointed to serve for 3 years, and 3 shall be appointed to
15serve for 4 years. No member shall serve more than 2 complete 4
16year terms.
17    The Secretary shall have the authority to remove or suspend
18any member of the Board for cause at any time before the
19expiration of his or her term. The Secretary shall be the sole
20arbiter of cause.
21    The Secretary Within 90 days of a vacancy occurring, the
22Director shall fill a the vacancy for the unexpired portion of
23the term with an appointee who meets the same qualifications as
24the person whose position has become vacant. The Board shall
25meet annually to elect one member as chairman and one member as
26vice-chairman. No officer shall be elected more than twice in



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1succession to the same office. The members of the Board shall
2receive reimbursement for actual, necessary, and authorized
3expenses incurred in attending the meetings of the Board.
4(Source: P.A. 94-254, eff. 7-19-05.)
5    (225 ILCS 335/11.6 new)
6    Sec. 11.6. Confidentiality. All information collected by
7the Department in the course of an examination or investigation
8of a licensee or applicant, including, but not limited to, any
9complaint against a licensee filed with the Department and
10information collected to investigate any such complaint, shall
11be maintained for the confidential use of the Department and
12shall not be disclosed. The Department may not disclose the
13information to anyone other than law enforcement officials,
14other regulatory agencies that have an appropriate regulatory
15interest as determined by the Secretary, or a party presenting
16a lawful subpoena to the Department. Information and documents
17disclosed to a federal, State, county, or local law enforcement
18agency shall not be disclosed by the agency for any purpose to
19any other agency or person. A formal complaint filed against a
20licensee by the Department or any order issued by the
21Department against a licensee or applicant shall be a public
22record, except as otherwise prohibited by law.
23    (225 ILCS 335/11.7 new)
24    Sec. 11.7. Order or certified copy; prima facie proof. An



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1order or a certified copy thereof, over the seal of the
2Department and purporting to be signed by the Secretary, shall
3be prima facie proof that:
4        (1) the signature is the genuine signature of the
5    Secretary; and
6        (2) the Secretary is duly appointed and qualified.
7    (225 ILCS 335/11.8 new)
8    Sec. 11.8. Surrender of license. Upon the revocation or
9suspension of any license, the licensee shall immediately
10surrender the license or licenses to the Department. If the
11licensee fails to do so, the Department shall have the right to
12seize the license.
13    (225 ILCS 335/11.9 new)
14    Sec. 11.9. Suspension of license for failure to pay
15restitution. The Department, without further process or
16hearing, shall suspend the license or other authorization to
17practice of any person issued under this Act who has been
18certified by court order as not having paid restitution to a
19person under Section 8A-3.5 of the Illinois Public Aid Code or
20under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or
21the Criminal Code of 2012. A person whose license or other
22authorization to practice is suspended under this Section is
23prohibited from practicing until the restitution is made in



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1    (225 ILCS 335/11.10 new)
2    Sec. 11.10. Citations.
3    (a) The Department may adopt rules to permit the issuance
4of citations for non-frivolous complaints. The citation shall
5list the person's name and address, a brief factual statement,
6the Sections of the Act or rules allegedly violated, the
7penalty imposed, and, if applicable, the licensee's license
8number. The citation must clearly state that the person may
9choose, in lieu of accepting the citation, to request a
10hearing. If the person does not dispute the matter in the
11citation with the Department within 30 days after the citation
12is served, then the citation shall become a final order and
13shall constitute discipline. The penalty shall be a fine or
14other conditions as established by rule.
15    (b) The Department shall adopt rules designating
16violations for which a citation may be issued. Such rules shall
17designate as citation violations those violations for which
18there is no substantial threat to the public health, safety,
19and welfare. Citations shall not be utilized if there was any
20significant consumer harm resulting from the violation.
21    (c) A citation must be issued within 6 months after the
22reporting of a violation that is the basis for the citation.
23    (d) Service of a citation may be made by personal service
24or certified mail to the person at the person's last known
25address of record or, if applicable, the licensee's address of



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2    (225 ILCS 335/8 rep.)
3    (225 ILCS 335/9.12 rep.)
4    (225 ILCS 335/10b rep.)
5    Section 15. The Illinois Roofing Industry Licensing Act is
6amended by repealing Sections 8, 9.12, and 10b.
7    Section 99. Effective date. This Act takes effect upon
8becoming 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.