Full Text of SB0838 99th General Assembly
SB0838ham002 99TH GENERAL ASSEMBLY | Rep. Robert Rita Filed: 5/11/2015
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| 1 | | AMENDMENT TO SENATE BILL 838
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 838, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Regulatory Sunset Act is amended by | 6 | | changing Section 4.26 and by adding Section 4.36 as follows: | 7 | | (5 ILCS 80/4.26)
| 8 | | Sec. 4.26. Acts repealed on January 1, 2016. The following | 9 | | Acts are repealed on January 1, 2016: | 10 | | The Illinois Athletic Trainers Practice Act.
| 11 | | The Illinois Roofing Industry Licensing Act.
| 12 | | The Illinois Dental Practice Act.
| 13 | | The Collection Agency Act.
| 14 | | The Barber, Cosmetology, Esthetics, Hair Braiding, and | 15 | | Nail Technology Act of 1985.
| 16 | | The Respiratory Care Practice Act.
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| 1 | | The Hearing Instrument Consumer Protection Act.
| 2 | | The Illinois Physical Therapy Act.
| 3 | | The Professional Geologist Licensing Act. | 4 | | (Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08; | 5 | | 96-1246, eff. 1-1-11.) | 6 | | (5 ILCS 80/4.36 new) | 7 | | Sec. 4.36. Acts repealed on January 1, 2026. The following | 8 | | Acts are repealed on January 1, 2026: | 9 | | The Illinois Athletic Trainers Practice Act. | 10 | | The Illinois Roofing Industry Licensing Act. | 11 | | Section 10. The Illinois Athletic Trainers Practice Act is | 12 | | amended by changing Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, | 13 | | 13, 14, 16, 17, 17.5, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, | 14 | | 28, 29, 30, and 31 and by adding Sections 7.5, 18.5, and 19.5 | 15 | | as follows:
| 16 | | (225 ILCS 5/3) (from Ch. 111, par. 7603)
| 17 | | (Section scheduled to be repealed on January 1, 2016)
| 18 | | Sec. 3. Definitions. As used in this Act:
| 19 | | (1) "Department" means the Department of Financial and | 20 | | Professional Regulation.
| 21 | | (2) "Secretary" "Director" means the Secretary Director of | 22 | | Financial and Professional Regulation.
| 23 | | (3) "Board" means the Illinois Board of Athletic Trainers |
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| 1 | | appointed by the Secretary
Director .
| 2 | | (4) "Licensed
athletic trainer" means a person licensed to
| 3 | | practice athletic training as defined in this Act and with the | 4 | | specific
qualifications set forth in Section 9 of this Act who, | 5 | | upon
the
direction of his or her team physician or consulting
| 6 | | physician,
carries out the practice of prevention/emergency | 7 | | care or
physical
reconditioning of injuries incurred by | 8 | | athletes participating in
an athletic program conducted by an | 9 | | educational institution,
professional athletic organization, | 10 | | or sanctioned amateur athletic
organization employing the | 11 | | athletic trainer; or a person who, under the
direction of a | 12 | | physician, carries out comparable functions for a health
| 13 | | organization-based extramural program of athletic training | 14 | | services for
athletes. Specific duties of the athletic trainer | 15 | | include but are not limited
to:
| 16 | | A. Supervision of the selection, fitting, and | 17 | | maintenance of
protective
equipment;
| 18 | | B. Provision of assistance to the coaching staff in the | 19 | | development and
implementation of conditioning programs;
| 20 | | C. Counseling of athletes on nutrition and hygiene;
| 21 | | D. Supervision of athletic training facility and | 22 | | inspection of playing
facilities;
| 23 | | E. Selection and maintenance of athletic training | 24 | | equipment and supplies;
| 25 | | F. Instruction and supervision of student trainer | 26 | | staff;
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| 1 | | G. Coordination with a team physician to provide:
| 2 | | (i) pre-competition physical exam and health | 3 | | history updates,
| 4 | | (ii) game coverage or phone access to a physician | 5 | | or
paramedic,
| 6 | | (iii) follow-up injury care,
| 7 | | (iv) reconditioning programs, and
| 8 | | (v) assistance on all matters pertaining to the | 9 | | health and
well-being of athletes.
| 10 | | H. Provision of on-site injury care and evaluation as | 11 | | well as
appropriate transportation, follow-up treatment | 12 | | and rehabilitation as
necessary for all injuries sustained | 13 | | by athletes in the program;
| 14 | | I. With a physician, determination of when an athlete | 15 | | may safely
return to
full participation post-injury; and
| 16 | | J. Maintenance of complete and accurate records of all | 17 | | athletic injuries
and treatments rendered.
| 18 | | To carry out these functions the athletic trainer is | 19 | | authorized to
utilize modalities, including, but not limited | 20 | | to, heat, light, sound, cold, electricity, exercise,
or | 21 | | mechanical devices related to
care and reconditioning.
| 22 | | (5) "Referral" means the guidance and direction
given by | 23 | | the physician, who shall maintain supervision of the athlete.
| 24 | | (6) "Athletic trainer aide" means a person who has received | 25 | | on-the-job training specific to the facility in which he or she | 26 | | is employed, on either a paid or volunteer basis, but is not |
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| 1 | | enrolled in an accredited athletic training curriculum.
| 2 | | (7) "Address of record" means the designated address | 3 | | recorded by the Department in the applicant's or licensee's | 4 | | application file or license file as maintained by the | 5 | | Department's licensure maintenance unit. It is the duty of the | 6 | | applicant or licensee to inform the Department of any change of | 7 | | address, and those changes must be made either through the | 8 | | Department's website or by contacting the Department. | 9 | | (8) "Board of Certification" means the Board of | 10 | | Certification for the Athletic Trainer | 11 | | (Source: P.A. 94-246, eff. 1-1-06.)
| 12 | | (225 ILCS 5/4) (from Ch. 111, par. 7604)
| 13 | | (Section scheduled to be repealed on January 1, 2016)
| 14 | | Sec. 4. Licensure ; exempt requirement - Exempt activities. | 15 | | No
After the effective date of this Act, no person
shall | 16 | | provide any of the services set forth in subsection (4) of | 17 | | Section 3
of this Act, or use the title "athletic trainer" or
| 18 | | "certified athletic trainer" or "athletic trainer certified" | 19 | | or "licensed athletic trainer" or the letters
"A.T.", "C.A.T.", | 20 | | "A.T.C.", "A.C.T.", or
"I.A.T.L." after his or her name, unless | 21 | | licensed
under this Act.
| 22 | | Nothing in this Act shall be construed as preventing or | 23 | | restricting the
practice, services, or activities of:
| 24 | | (1) Any person licensed or registered in this State by | 25 | | any other law
from engaging in the profession or occupation |
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| 1 | | for which he or she is
licensed or
registered.
| 2 | | (2) Any person employed as an athletic trainer by the | 3 | | Government of the
United States, if such person provides | 4 | | athletic training solely under the
direction or control of | 5 | | the organization by which he or she is employed.
| 6 | | (3) Any person pursuing a course of study leading to a | 7 | | degree or
certificate in athletic training at an accredited | 8 | | educational
program if such activities and services | 9 | | constitute a part of a supervised
course of study involving | 10 | | daily personal or verbal contact at the site of supervision | 11 | | between the athletic training student and the licensed | 12 | | athletic trainer who plans, directs, advises, and | 13 | | evaluates the student's athletic training clinical | 14 | | education. The supervising licensed athletic trainer must | 15 | | be on-site where the athletic training clinical education | 16 | | is being obtained.
A person meeting the criteria under this | 17 | | paragraph (3) must be designated by a title which clearly
| 18 | | indicates his or her status as a student or
trainee.
| 19 | | (4) (Blank).
| 20 | | (5) The practice of athletic training under the | 21 | | supervision of a licensed athletic trainer by one who has | 22 | | applied in writing
to the Department for
licensure and has | 23 | | complied with all the provisions
of Section 9 except the | 24 | | passing of the examination to be eligible to receive
such | 25 | | license. This temporary right to act as an athletic trainer | 26 | | shall expire 3 months after the filing of his or her |
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| 1 | | written application to the Department; when the applicant | 2 | | has been notified of his or her failure to pass the | 3 | | examination authorized by the Department; when the | 4 | | applicant has withdrawn his or her application; when the | 5 | | applicant has received a license from the Department after | 6 | | successfully passing the examination authorized by the | 7 | | Department; or when the applicant has been notified by the | 8 | | Department to cease and desist from practicing, whichever | 9 | | occurs first. This provision shall not apply to an | 10 | | applicant In no event shall this exemption extend to any
| 11 | | person for longer than 3 months. Anyone who has previously | 12 | | failed the examination , or who fails the examination during | 13 | | this 3-month period, shall immediately cease practice as an | 14 | | athletic trainer and shall not engage in the practice of | 15 | | athletic training again until he or she passes the | 16 | | examination .
| 17 | | (6) Any person in a coaching position from rendering | 18 | | emergency care on an
as
needed basis to the athletes under | 19 | | his or her supervision when a licensed athletic trainer is | 20 | | not available.
| 21 | | (7) Any person who is an athletic trainer from another | 22 | | state or territory of the United States or another nation, | 23 | | state, or
territory
acting as an athletic trainer while | 24 | | performing
his or her duties for his or her respective | 25 | | non-Illinois based team or
organization, so long as he or | 26 | | she restricts his or her duties to his
or her team or |
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| 1 | | organization during the course of his or her team's or
| 2 | | organization's stay in this State. For the purposes of this | 3 | | Act, a team shall be considered based in Illinois if its | 4 | | home contests are held in Illinois, regardless of the | 5 | | location of the team's administrative offices.
| 6 | | (8) The practice of athletic training by persons | 7 | | licensed in another state who have applied in writing to | 8 | | the Department for licensure by endorsement . This | 9 | | temporary right to act as an athletic trainer shall expire | 10 | | 6 months after the filing of his or her written application | 11 | | to the Department; upon the withdrawal of the application | 12 | | for licensure under this Act; upon delivery of a notice of | 13 | | intent to deny the application from the Department; or upon | 14 | | the denial of the application by the Department, whichever | 15 | | occurs first. for no longer than 6 months or until | 16 | | notification has been given that licensure has been granted | 17 | | or denied, whichever period of time is lesser. | 18 | | (9) The practice of athletic training by one who has | 19 | | applied in writing to the Department for licensure and has | 20 | | complied with all the provisions of Section 9 . This | 21 | | temporary right to act as an athletic trainer shall expire | 22 | | 6 months after the filing of his or her written application | 23 | | to the Department; upon the withdrawal of the application | 24 | | for licensure under this Act; upon delivery of a notice of | 25 | | intent to deny the application from the Department; or upon | 26 | | the denial of the application by the Department, whichever |
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| 1 | | occurs first. for no longer than 6 months or until | 2 | | notification has been given that licensure has been granted | 3 | | or denied, whichever period of time is lesser. | 4 | | (10) The practice of athletic training by persons | 5 | | actively licensed as an athletic trainer in another state | 6 | | or territory of the United States or another country , or | 7 | | currently certified by the National Athletic Trainers | 8 | | Association Board of Certification, Inc., or its successor | 9 | | entity, at a special athletic tournament or event conducted | 10 | | by a sanctioned amateur athletic organization, including, | 11 | | but not limited to, the Prairie State Games and the Special | 12 | | Olympics, for no more than 14 days. This shall not include | 13 | | contests or events that are part of a scheduled series of | 14 | | regular season events. | 15 | | (11) Athletic trainer aides from performing patient | 16 | | care activities under the on-site supervision of a licensed | 17 | | athletic trainer. These patient care activities shall not | 18 | | include interpretation of referrals or evaluation | 19 | | procedures, planning or major modifications of patient | 20 | | programs, administration of medication, or solo practice | 21 | | or event coverage without immediate access to a licensed | 22 | | athletic trainer.
| 23 | | (12) Persons or entities practicing the specified | 24 | | occupations set forth in subsection (a) of, and pursuant to | 25 | | a licensing exemption granted in subsection (b) or (d) of, | 26 | | Section 2105-350 of the Department of Professional |
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| 1 | | Regulation Law of the Civil Administrative Code of | 2 | | Illinois, but only for so long as the 2016 Olympic and | 3 | | Paralympic Games Professional Licensure Exemption Law is | 4 | | operable. | 5 | | (Source: P.A. 96-7, eff. 4-3-09.)
| 6 | | (225 ILCS 5/5) (from Ch. 111, par. 7605)
| 7 | | (Section scheduled to be repealed on January 1, 2016)
| 8 | | Sec. 5. Administration of Act; rules and forms
Licensure - | 9 | | Rules and Forms - Reports . | 10 | | (a) The Department shall exercise the powers and duties | 11 | | prescribed by the
Civil
Administrative Code of Illinois for the | 12 | | administration of
Licensure Acts
and shall exercise such other | 13 | | powers and duties necessary for effectuating
the purposes of | 14 | | this Act.
| 15 | | (b) The Secretary Director may promulgate rules consistent | 16 | | with the provisions of
this Act for the administration and | 17 | | enforcement thereof, and for the
payment of fees connected | 18 | | therewith, and may prescribe forms which shall
be issued in | 19 | | connection therewith. The rules may shall include standards and
| 20 | | criteria for
licensure , certification, and for professional | 21 | | conduct and discipline. The
Department may shall consult with | 22 | | the
Board in promulgating rules. Notice of
proposed rulemaking | 23 | | shall be transmitted to the Board, and the Department
shall | 24 | | review the Board's response and any recommendations made | 25 | | therein. The
Department shall notify the Board in writing with |
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| 1 | | proper explanation of
deviations from the Board's | 2 | | recommendations and responses.
| 3 | | (c) The Department may at any time seek the advice and the | 4 | | expert
knowledge of the Board on any matter relating to the | 5 | | administration of this
Act.
| 6 | | (d) (Blank). The Department shall issue a quarterly report | 7 | | to the Board of the
status of all complaints related to the | 8 | | profession filed with the Department.
| 9 | | (Source: P.A. 89-216, eff. 1-1-96 .)
| 10 | | (225 ILCS 5/6) (from Ch. 111, par. 7606)
| 11 | | (Section scheduled to be repealed on January 1, 2016)
| 12 | | Sec. 6. Board Athletic Training Board - Appointment - | 13 | | Membership - Term - Duties .
The Secretary Director shall | 14 | | appoint an Illinois Board of Athletic Trainers as
follows: 7 | 15 | | persons who shall be appointed by and shall serve in an | 16 | | advisory
capacity to the Secretary Director . Two members must | 17 | | be licensed physicians in good standing in this State ; 4 | 18 | | members
must be licensed athletic trainers in good standing, | 19 | | and actively engaged
in the practice or teaching of athletic | 20 | | training in this State; and 1 member must be a
public member | 21 | | who is not licensed under this Act, or a similar Act of
another | 22 | | jurisdiction, and is not a provider of athletic health care | 23 | | service.
| 24 | | Members shall serve 4 year terms and until their successors | 25 | | are appointed
and qualified. No member shall be reappointed to
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| 1 | | the Board for more than 2 consecutive terms. Appointments to | 2 | | fill vacancies shall be
made in the same manner as original | 3 | | appointments, for the unexpired portion
of the vacated term.
| 4 | | The membership of the Board should reasonably reflect | 5 | | representation from
the geographic areas in this State.
| 6 | | The Secretary shall have the authority to remove or suspend | 7 | | any member of the Board for cause at any time before the | 8 | | expiration of his or her term. The Secretary shall be the sole | 9 | | arbiter of cause Director may terminate the appointment of any | 10 | | member for cause which
in the opinion of the Secretary Director | 11 | | reasonably justifies such termination.
| 12 | | The Secretary may Director shall consider the | 13 | | recommendation of the Board on questions
involving standards of | 14 | | professional conduct, discipline, and qualifications
of | 15 | | candidates and license holders under this Act.
| 16 | | Four members of the Board shall constitute a quorum. A | 17 | | quorum is required for all Board decisions. Members of the | 18 | | Board have no liability in any action based upon any | 19 | | disciplinary proceeding or other activity performed in good | 20 | | faith as a member of the Board. Members of the Board shall be | 21 | | reimbursed for all legitimate, necessary, and authorized | 22 | | expenses incurred in attending the meetings of the Board, from | 23 | | funds appropriated for that purpose. | 24 | | (Source: P.A. 94-246, eff. 1-1-06.)
| 25 | | (225 ILCS 5/7) (from Ch. 111, par. 7607)
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| 1 | | (Section scheduled to be repealed on January 1, 2016)
| 2 | | Sec. 7. Applications for original licensure. Applications | 3 | | for
original
licensure shall be made to the Department in | 4 | | writing on forms
prescribed by the Department and shall be | 5 | | accompanied by the required fee,
which shall not be returnable. | 6 | | Any such application shall require such
information as in the | 7 | | judgment of the Department will enable the
Department to pass | 8 | | on the qualifications of the applicant for
licensure. | 9 | | Applicants have 3 years from the date of application to | 10 | | complete the application process. If the process has not been | 11 | | completed within 3 years, the application shall be denied, the | 12 | | fee forfeited, and the applicant must reapply and meet the | 13 | | requirements in effect at the time of reapplication.
| 14 | | The applicant is entitled to
licensure as an athletic | 15 | | trainer if he or she
possesses the qualifications set forth in | 16 | | Section 9 hereof, and
satisfactorily completes the examination | 17 | | administered by the National
Athletic Trainers Association
| 18 | | Board of Certification, Inc.
| 19 | | (Source: P.A. 89-216, eff. 1-1-96 .)
| 20 | | (225 ILCS 5/7.5 new) | 21 | | Sec. 7.5. Social Security Number on license application. In | 22 | | addition to any other information required to be contained in | 23 | | the application, every application for an original license | 24 | | under this Act shall include the applicant's Social Security | 25 | | Number, which shall be retained in the Department's records |
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| 1 | | pertaining to the license. As soon as practical, the Department | 2 | | shall assign a customer's identification number to each | 3 | | applicant for a license. Every application for a renewal or | 4 | | restored license shall require the applicant's customer | 5 | | identification number.
| 6 | | (225 ILCS 5/8) (from Ch. 111, par. 7608)
| 7 | | (Section scheduled to be repealed on January 1, 2016)
| 8 | | Sec. 8. Examinations. If an applicant neglects, fails, or | 9 | | refuses to take an examination or
fails to pass an examination | 10 | | for
licensure under this Act within 3 years
after filing his or | 11 | | her application, the application shall be denied. The applicant | 12 | | may thereafter make a new application accompanied by the | 13 | | required fee; however, the applicant shall meet all | 14 | | requirements in effect at the time of subsequent application | 15 | | before obtaining licensure.
However,
such applicant may | 16 | | thereafter file a new application accompanied by the
required | 17 | | fee.
| 18 | | The Department may employ engage the
National Athletic | 19 | | Trainers Association Board of Certification, Inc. as | 20 | | consultants for the purposes of preparing
and conducting | 21 | | examinations.
| 22 | | (Source: P.A. 89-216, eff. 1-1-96 .)
| 23 | | (225 ILCS 5/9) (from Ch. 111, par. 7609)
| 24 | | (Section scheduled to be repealed on January 1, 2016)
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| 1 | | Sec. 9. Qualifications for licensure Educational and | 2 | | Professional Requirements . A person having the
qualifications | 3 | | prescribed in this Section shall be qualified for licensure to | 4 | | receive a
license as an athletic trainer if he or she fulfills | 5 | | all of the following :
| 6 | | (a) Has graduated from a curriculum in athletic | 7 | | training accredited by the Commission on Accreditation of | 8 | | Athletic Training Education (CAATE) Joint Review
Committee | 9 | | on
Athletic Training (JRC-AT) of the Commission on | 10 | | Accreditation of Allied Health
Education Programs | 11 | | (CAAHEP) , its successor entity, or its equivalent, as | 12 | | approved by the Department.
| 13 | | (b) Gives proof of current certification, on the date | 14 | | of application, in cardiopulmonary resuscitation (CPR) and | 15 | | automated external defibrillators (AED) CPR/AED for the | 16 | | Healthcare Providers and Professional Rescuers or its | 17 | | equivalent based on American Red Cross or American Heart | 18 | | Association standards . | 19 | | (b-5) Has graduated and
graduation from a 4 year | 20 | | accredited college or
university.
| 21 | | (c) Has passed an examination approved by the | 22 | | Department to determine his
or her fitness for practice as | 23 | | an athletic trainer, or is entitled to be
licensed without | 24 | | examination as provided in Sections 7 and 8 of this Act.
| 25 | | The Department may request a personal interview of an | 26 | | applicant before
the Board to further evaluate his or her |
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| 1 | | qualifications for a license.
| 2 | | An applicant has 3 years from the date of
his or her
| 3 | | application to complete the
application process. If the process | 4 | | has not been completed in 3 years, the
application shall be | 5 | | denied, the fee forfeited, and the applicant must reapply
and | 6 | | meet
the requirements in effect at the time of reapplication.
| 7 | | (Source: P.A. 94-246, eff. 1-1-06.)
| 8 | | (225 ILCS 5/10) (from Ch. 111, par. 7610)
| 9 | | (Section scheduled to be repealed on January 1, 2016)
| 10 | | Sec. 10. Expiration and License expiration; renewal; | 11 | | continuing education requirement.
The expiration date and | 12 | | renewal period for of licenses issued under this Act shall be | 13 | | set by rule. As a condition for renewal of a license, licensees | 14 | | shall be required to complete continuing education in athletic | 15 | | training in accordance with rules established by the | 16 | | Department.
Licenses shall be renewed according to procedures | 17 | | established by the Department
and upon payment of the renewal | 18 | | fee established herein and proof of completion of approved | 19 | | continuing education
relating to the performance and practice | 20 | | of
athletic training. The number of hours required and their | 21 | | composition shall be set by rule.
| 22 | | (Source: P.A. 94-246, eff. 1-1-06.)
| 23 | | (225 ILCS 5/11) (from Ch. 111, par. 7611)
| 24 | | (Section scheduled to be repealed on January 1, 2016)
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| 1 | | Sec. 11. Inactive
licenses ; restoration . Any athletic | 2 | | trainer who notifies
the Department in writing on forms | 3 | | prescribed by the Department, may elect
to place his or her
| 4 | | license on an inactive status and shall, subject
to rules of | 5 | | the Department, be excused from payment of renewal fees until
| 6 | | he or she notifies the Department in writing of his or her | 7 | | desire to resume
active status.
| 8 | | Any athletic trainer requesting restoration from inactive | 9 | | status shall be
required to pay the current renewal fee , shall | 10 | | demonstrate compliance with continuing education requirements, | 11 | | if any, and shall be required to
restore his or her license as | 12 | | provided in Section 12 .
| 13 | | Any athletic trainer whose license is in expired or | 14 | | inactive status shall not practice athletic training in the | 15 | | State of Illinois. | 16 | | (Source: P.A. 89-216, eff. 1-1-96 .)
| 17 | | (225 ILCS 5/12) (from Ch. 111, par. 7612)
| 18 | | (Section scheduled to be repealed on January 1, 2016)
| 19 | | Sec. 12. Restoration of expired
licenses. An athletic | 20 | | trainer
who has permitted his
or her license
registration to | 21 | | expire or who has had his or her license on inactive status may | 22 | | have his or her
license restored by
making application to the | 23 | | Department and filing proof acceptable to the
Department of his | 24 | | or her fitness to have his or her
license restored, including | 25 | | sworn
evidence certifying to active practice in another |
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| 1 | | jurisdiction satisfactory
to the Department and by paying the | 2 | | required fees restoration fee . Proof of fitness may include | 3 | | sworn evidence certifying active lawful practice in another | 4 | | jurisdiction.
| 5 | | If the athletic trainer has not maintained an active | 6 | | practice in another
jurisdiction satisfactory to the | 7 | | Department, the Department shall
determine, by an evaluation | 8 | | program established by rule , with the advice of the
Board his | 9 | | or her
fitness for restoration of the license and shall | 10 | | establish procedures and requirements for restoration to | 11 | | resume active status and may require the athletic trainer to
| 12 | | complete a period of evaluated clinical experience and may | 13 | | require successful
completion of an examination .
| 14 | | Any athletic trainer whose license has been expired for | 15 | | more than
5 years may have his or her
license restored
by | 16 | | making application to the Department and filing proof | 17 | | acceptable to
the Department of his or her fitness to have his | 18 | | or her
license restored, including
sworn evidence certifying to | 19 | | active practice in another jurisdiction and
by paying the | 20 | | required restoration fee.
However, any athletic trainer whose
| 21 | | license has expired while he or she has
been engaged (1) in the | 22 | | federal service in active duty with the Army of the
United | 23 | | States, the United States Navy, the Marine Corps, the Air | 24 | | Force,
the Coast Guard, or the State Militia called into the | 25 | | service or training
of the United States of America, or (2) in | 26 | | training or education under
the supervision of the United |
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| 1 | | States preliminary to induction into the military
service, may | 2 | | have his or her license restored without paying any lapsed | 3 | | renewal
fees or restoration fee, if within 2 years after | 4 | | termination of
such service, training, or education, other than | 5 | | by dishonorable discharge,
he or she furnished the Department | 6 | | with an affidavit to the effect that he or
she has been so | 7 | | engaged and that his or her service, training, or education has
| 8 | | been so terminated.
| 9 | | (Source: P.A. 89-216, eff. 1-1-96 .)
| 10 | | (225 ILCS 5/13) (from Ch. 111, par. 7613)
| 11 | | (Section scheduled to be repealed on January 1, 2016)
| 12 | | Sec. 13. Endorsement. The Department may, at its | 13 | | discretion, license as an athletic trainer, without | 14 | | examination, on payment of the required
fee, an
applicant for | 15 | | licensure who is an athletic trainer
registered or licensed | 16 | | under the laws of another jurisdiction state if the | 17 | | requirements
pertaining to
athletic trainers in such | 18 | | jurisdiction state were at the date of his or her registration
| 19 | | or licensure substantially equal to the requirements in force | 20 | | in Illinois on
that date or equivalent to the requirements of | 21 | | this Act . If the requirements of that state are not | 22 | | substantially equal to the Illinois requirements, or if at the | 23 | | time of application the state in which the applicant has been | 24 | | practicing does not regulate the practice of athletic training, | 25 | | and the applicant began practice in that state prior to January |
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| 1 | | 1, 2004, a person having the qualifications prescribed in this | 2 | | Section may be qualified to receive a license as an athletic | 3 | | trainer if he or she: | 4 | | (1) has passed an examination approved by the | 5 | | Department to determine his or her fitness for practice as | 6 | | an athletic trainer; and | 7 | | (2) gives proof of current certification, on the date | 8 | | of application, in CPR/AED for the Healthcare Professional | 9 | | or equivalent based on American Red Cross or American Heart | 10 | | Association standards. | 11 | | The Department may request a personal interview of an | 12 | | applicant before the Board to further evaluate his or her | 13 | | qualifications for a license.
| 14 | | Applicants have 3 years from the date of application to | 15 | | complete the
application process. If the process has not been | 16 | | completed in 3
years, the application shall be denied, the fee | 17 | | forfeited and the
applicant must reapply and meet the | 18 | | requirements in effect at the time of
reapplication.
| 19 | | (Source: P.A. 94-246, eff. 1-1-06.)
| 20 | | (225 ILCS 5/14) (from Ch. 111, par. 7614)
| 21 | | (Section scheduled to be repealed on January 1, 2016)
| 22 | | Sec. 14. Fees; returned checks. The fees for administration | 23 | | and enforcement of this Act, including but not
limited to | 24 | | original licensure, renewal, and restoration shall be set by | 25 | | rule. The fees shall be non-refundable.
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| 1 | | Any person who delivers a check or other payment to the | 2 | | Department that
is returned to the Department unpaid by the | 3 | | financial institution upon
which it is drawn shall pay to the | 4 | | Department, in addition to the amount
already owed to the | 5 | | Department, a fine of $50.
| 6 | | The fines imposed by this Section are in addition
to any | 7 | | other discipline provided under this Act for unlicensed
| 8 | | practice or practice on a nonrenewed license. The Department | 9 | | shall notify
the person that payment of fees and fines shall be | 10 | | paid to the Department
by certified check or money order within | 11 | | 30 calendar days of the
notification. If, after the expiration | 12 | | of 30 days from the date of the
notification, the person has | 13 | | failed to submit the necessary remittance, the
Department shall | 14 | | automatically terminate the license or certificate or deny
the | 15 | | application, without hearing. If, after termination or denial, | 16 | | the
person seeks a license or certificate, he or she shall | 17 | | apply to the
Department for restoration or issuance of the | 18 | | license or certificate and
pay all fees and fines due to the | 19 | | Department. The Department may establish
a fee for the | 20 | | processing of an application for restoration of a license or
| 21 | | certificate to pay all expenses of processing this application. | 22 | | The Secretary Director
may waive the fines due under this | 23 | | Section in individual cases where the
Secretary Director finds | 24 | | that the fines would be unreasonable or unnecessarily
| 25 | | burdensome.
| 26 | | (Source: P.A. 92-146, eff. 1-1-02 .)
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| 1 | | (225 ILCS 5/16) (from Ch. 111, par. 7616)
| 2 | | (Section scheduled to be repealed on January 1, 2016)
| 3 | | Sec. 16. Grounds for discipline Refusal to issue, | 4 | | suspension, or revocation of license . | 5 | | (1) The
Department may refuse to issue or renew, or may | 6 | | revoke, suspend,
place on probation, reprimand, or take other | 7 | | disciplinary
action as the Department may deem proper, | 8 | | including fines not to exceed $10,000
$5,000 for each | 9 | | violation, with regard to any licensee for any one or
| 10 | | combination of the following:
| 11 | | (A) Material misstatement in furnishing information to | 12 | | the
Department;
| 13 | | (B) Violations Negligent or intentional disregard of | 14 | | this Act, or of
the rules or regulations promulgated | 15 | | hereunder;
| 16 | | (C) Conviction of or plea of guilty to any crime under | 17 | | the Criminal Code of 2012 or the laws of any jurisdiction | 18 | | of the United States or any
state or territory thereof that | 19 | | is (i) a felony, (ii) a
misdemeanor, an essential element | 20 | | of which is dishonesty, or (iii) of any crime
that is
| 21 | | directly related to the practice of the profession;
| 22 | | (D) Fraud or Making any misrepresentation in applying | 23 | | for or procuring a license under this Act, or in connection | 24 | | with applying for renewal of a license under this Act for | 25 | | the purpose of obtaining registration,
or violating any |
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| 1 | | provision of this Act ;
| 2 | | (E) Professional incompetence or gross negligence ;
| 3 | | (F) Malpractice;
| 4 | | (G) Aiding or assisting another person , firm, | 5 | | partnership, or corporation in violating any provision of | 6 | | this
Act or rules;
| 7 | | (H) Failing, within 60 days, to provide information in | 8 | | response to a written
request made by the Department;
| 9 | | (I) Engaging in dishonorable, unethical, or | 10 | | unprofessional conduct of a
character likely to deceive, | 11 | | defraud or harm the public;
| 12 | | (J) Habitual or excessive use or abuse intoxication or | 13 | | addiction to the use of drugs defined in law as controlled | 14 | | substances, alcohol, or any other substance that results in | 15 | | the inability to practice with reasonable judgment, skill, | 16 | | or safety ;
| 17 | | (K) Discipline by another state, unit of government, | 18 | | government agency, the District of Columbia, territory, or | 19 | | foreign
nation, if at least one of the grounds for the | 20 | | discipline is the same
or substantially equivalent to those | 21 | | set forth herein;
| 22 | | (L) Directly or indirectly giving to or receiving from | 23 | | any person, firm,
corporation, partnership, or association | 24 | | any fee, commission, rebate,
or other form of compensation | 25 | | for any professional services not actually or
personally | 26 | | rendered. Nothing in this subparagraph (L) affects any bona |
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| 1 | | fide independent contractor or employment arrangements | 2 | | among health care professionals, health facilities, health | 3 | | care providers, or other entities, except as otherwise | 4 | | prohibited by law. Any employment arrangements may include | 5 | | provisions for compensation, health insurance, pension, or | 6 | | other employment benefits for the provision of services | 7 | | within the scope of the licensee's practice under this Act. | 8 | | Nothing in this subparagraph (L) shall be construed to | 9 | | require an employment arrangement to receive professional | 10 | | fees for services rendered;
| 11 | | (M) A finding by the Department that the
licensee after | 12 | | having his or her license disciplined placed
on | 13 | | probationary status has violated the terms of probation;
| 14 | | (N) Abandonment of an athlete;
| 15 | | (O) Willfully making or filing false records or reports | 16 | | in his or her
practice, including but not limited to false | 17 | | records filed with State agencies
or
departments;
| 18 | | (P) Willfully failing to report an instance of | 19 | | suspected child abuse or
neglect as required by the Abused | 20 | | and Neglected Child Reporting
Act;
| 21 | | (Q) Physical illness, including but not limited to | 22 | | deterioration
through
the aging process, or loss of motor | 23 | | skill that results in the
inability to practice the | 24 | | profession with reasonable judgment, skill, or
safety;
| 25 | | (R) Solicitation of professional services other than | 26 | | by permitted
institutional policy;
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| 1 | | (S) The use of any words, abbreviations, figures or | 2 | | letters with the
intention of indicating practice as an | 3 | | athletic trainer without a valid
license as an athletic | 4 | | trainer under this Act;
| 5 | | (T) The evaluation or treatment of ailments of human | 6 | | beings other than by the practice of athletic training as | 7 | | defined in this Act or the treatment of injuries of | 8 | | athletes by a licensed
athletic trainer except by the | 9 | | referral of a physician, podiatric physician,
or dentist;
| 10 | | (U) Willfully violating or knowingly assisting in the | 11 | | violation of any
law of this State relating to the use of | 12 | | habit-forming drugs;
| 13 | | (V) Willfully violating or knowingly assisting in the | 14 | | violation of any
law
of this State relating to the practice | 15 | | of abortion;
| 16 | | (W) Continued practice by a person knowingly having an | 17 | | infectious
communicable or contagious disease;
| 18 | | (X) Being named as a perpetrator in an indicated report | 19 | | by the
Department of Children and Family Services pursuant | 20 | | to the Abused and
Neglected Child Reporting Act and upon
| 21 | | proof by clear and convincing evidence that the licensee | 22 | | has
caused a child to be an abused child or neglected child | 23 | | as defined in the
Abused and Neglected Child Reporting Act;
| 24 | | (Y) (Blank) Failure to file a return, or to pay the | 25 | | tax, penalty, or interest
shown in a filed return, or to | 26 | | pay any final assessment of tax, penalty, or
interest, as |
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| 1 | | required by any tax Act administered by the Illinois
| 2 | | Department of Revenue, until such time as the requirements | 3 | | of any such tax
Act are satisfied ; or
| 4 | | (Z) Failure to fulfill continuing education | 5 | | requirements ; as prescribed in
Section 10 of this Act.
| 6 | | (AA) Allowing one's license under this Act to be used | 7 | | by an unlicensed person in violation of this Act; | 8 | | (BB) Practicing under a false or, except as provided by | 9 | | law, assumed name; | 10 | | (CC) Promotion of the sale of drugs, devices, | 11 | | appliances, or goods provided in any manner to exploit the | 12 | | client for the financial gain of the licensee; | 13 | | (DD) Gross, willful, or continued overcharging for | 14 | | professional services; | 15 | | (EE) Mental illness or disability that results in the | 16 | | inability to practice under this Act with reasonable | 17 | | judgment, skill, or safety; or | 18 | | (FF) Cheating on or attempting to subvert the licensing | 19 | | examination administered under this Act. | 20 | | All fines imposed under this Section shall be paid within | 21 | | 60 days after the effective date of the order imposing the fine | 22 | | or in accordance with the terms set forth in the order imposing | 23 | | the fine. | 24 | | (2) The determination by a circuit court that a
licensee is | 25 | | subject to
involuntary admission or judicial admission as | 26 | | provided in the Mental Health
and Developmental Disabilities |
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| 1 | | Code operates as an automatic suspension. Such
suspension will | 2 | | end only upon a finding by a court that the licensee athletic
| 3 | | trainer is no longer subject to involuntary admission or | 4 | | judicial
admission and issuance of issues an order so finding | 5 | | and discharging the licensee athlete; and
upon the | 6 | | recommendation of the
Board to the Director that the licensee | 7 | | be
allowed to resume his or her practice .
| 8 | | (3) The Department may refuse to issue or may suspend | 9 | | without hearing, as provided for in the Code of Civil | 10 | | Procedure, the license of any person who fails to file a | 11 | | return, to pay the tax, penalty, or interest shown in a filed | 12 | | return, or to pay any final assessment of tax, penalty, or | 13 | | interest as required by any tax Act administered by the | 14 | | Illinois Department of Revenue, until such time as the | 15 | | requirements of any such tax Act are satisfied in accordance | 16 | | with subsection (a) of Section 2105-15 of the Department of | 17 | | Professional Regulation Law of the Civil Administrative Code of | 18 | | Illinois. | 19 | | (4) In enforcing this Section, the Department, upon a | 20 | | showing of a possible violation, may compel any individual who | 21 | | is licensed under this Act or any individual who has applied | 22 | | for licensure to submit to a mental or physical examination or | 23 | | evaluation, or both, which may include a substance abuse or | 24 | | sexual offender evaluation, at the expense of the Department. | 25 | | The Department shall specifically designate the examining | 26 | | physician licensed to practice medicine in all of its branches |
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| 1 | | or, if applicable, the multidisciplinary team involved in | 2 | | providing the mental or physical examination and evaluation. | 3 | | The multidisciplinary team shall be led by a physician licensed | 4 | | to practice medicine in all of its branches and may consist of | 5 | | one or more or a combination of physicians licensed to practice | 6 | | medicine in all of its branches, licensed chiropractic | 7 | | physicians, licensed clinical psychologists, licensed clinical | 8 | | social workers, licensed clinical professional counselors, and | 9 | | other professional and administrative staff. Any examining | 10 | | physician or member of the multidisciplinary team may require | 11 | | any person ordered to submit to an examination and evaluation | 12 | | pursuant to this Section to submit to any additional | 13 | | supplemental testing deemed necessary to complete any | 14 | | examination or evaluation process, including, but not limited | 15 | | to, blood testing, urinalysis, psychological testing, or | 16 | | neuropsychological testing. | 17 | | The Department may order the examining physician or any | 18 | | member of the multidisciplinary team to provide to the | 19 | | Department any and all records, including business records, | 20 | | that relate to the examination and evaluation, including any | 21 | | supplemental testing performed. The Department may order the | 22 | | examining physician or any member of the multidisciplinary team | 23 | | to present testimony concerning this examination and | 24 | | evaluation of the licensee or applicant, including testimony | 25 | | concerning any supplemental testing or documents relating to | 26 | | the examination and evaluation. No information, report, |
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| 1 | | record, or other documents in any way related to the | 2 | | examination and evaluation shall be excluded by reason of any | 3 | | common law or statutory privilege relating to communication | 4 | | between the licensee or applicant and the examining physician | 5 | | or any member of the multidisciplinary team. No authorization | 6 | | is necessary from the licensee or applicant ordered to undergo | 7 | | an evaluation and examination for the examining physician or | 8 | | any member of the multidisciplinary team to provide | 9 | | information, reports, records, or other documents or to provide | 10 | | any testimony regarding the examination and evaluation. The | 11 | | individual to be examined may have, at his or her own expense, | 12 | | another physician of his or her choice present during all | 13 | | aspects of the examination. | 14 | | Failure of any individual to submit to a mental or physical | 15 | | examination or evaluation, or both, when directed, shall result | 16 | | in an automatic suspension without hearing, until such time as | 17 | | the individual submits to the examination. If the Department | 18 | | finds a licensee unable to practice because of the reasons set | 19 | | forth in this Section, the Department shall require the | 20 | | licensee to submit to care, counseling, or treatment by | 21 | | physicians approved or designated by the Department as a | 22 | | condition for continued, reinstated, or renewed licensure. | 23 | | When the Secretary immediately suspends a license under | 24 | | this Section, a hearing upon such person's license must be | 25 | | convened by the Department within 15 days after the suspension | 26 | | and completed without appreciable delay. The Department shall |
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| 1 | | have the authority to review the licensee's record of treatment | 2 | | and counseling regarding the impairment to the extent permitted | 3 | | by applicable federal statutes and regulations safeguarding | 4 | | the confidentiality of medical records. | 5 | | Individuals licensed under this Act who are affected under | 6 | | this Section shall be afforded an opportunity to demonstrate to | 7 | | the Department that they can resume practice in compliance with | 8 | | acceptable and prevailing standards under the provisions of | 9 | | their license. | 10 | | (5) The Department shall deny a license or renewal | 11 | | authorized by this Act to a person who has defaulted on an | 12 | | educational loan or scholarship provided or guaranteed by the | 13 | | Illinois Student Assistance Commission or any governmental | 14 | | agency of this State in accordance with paragraph (5) of | 15 | | subsection (a) of Section 2105-15 of the Department of | 16 | | Professional Regulation Law of the Civil Administrative Code of | 17 | | Illinois. | 18 | | (6) In cases where the Department of Healthcare and Family | 19 | | Services has previously determined a licensee or a potential | 20 | | licensee is more than 30 days delinquent in the payment of | 21 | | child support and has subsequently certified the delinquency to | 22 | | the Department, the Department may refuse to issue or renew or | 23 | | may revoke or suspend that person's license or may take other | 24 | | disciplinary action against that person based solely upon the | 25 | | certification of delinquency made by the Department of | 26 | | Healthcare and Family Services in accordance with paragraph (5) |
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| 1 | | of subsection (a) of Section 2105-15 of the Department of | 2 | | Professional Regulation Law of the Civil Administrative Code of | 3 | | Illinois. | 4 | | (Source: P.A. 98-214, eff. 8-9-13.)
| 5 | | (225 ILCS 5/17) (from Ch. 111, par. 7617)
| 6 | | (Section scheduled to be repealed on January 1, 2016)
| 7 | | Sec. 17. Violations; injunction; cease and desist order | 8 | | Violations - Injunction - Cease and desist order . | 9 | | (a) If
any person violates a the provision of this Act, the | 10 | | Secretary Director may, in the
name of the People of the State | 11 | | of Illinois, through the Attorney General
of the State of | 12 | | Illinois or the State's Attorney of the county in which the | 13 | | violation is alleged to have occurred , petition for an order | 14 | | enjoining such violation or
for an order enforcing compliance | 15 | | with this Act. Upon the filing of a
verified petition in such | 16 | | court, the court may issue a temporary
restraining order, | 17 | | without notice or bond, and may preliminarily and
permanently | 18 | | enjoin such violation, and if it is established that such
| 19 | | person has violated or is violating the injunction,
the court | 20 | | may punish the offender for contempt of court. Proceedings | 21 | | under
this Section shall be in addition to, and not in lieu of, | 22 | | all other
remedies and penalties provided by this Act.
| 23 | | (b) If any person shall hold himself or herself out in a | 24 | | manner prohibited by this Act,
any interested party or any | 25 | | person injured
thereby may, in addition to the Secretary |
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| 1 | | Director , petition for relief as provided
in subsection (a) of | 2 | | this Section.
| 3 | | (c) Whenever in the opinion of the Department any person | 4 | | violates any
provision of this Act, the Department may issue a | 5 | | rule to show cause why an
order to cease and desist should not | 6 | | be entered against him or her . The rule
shall clearly set forth | 7 | | the grounds relied upon by the Department and shall
provide a | 8 | | period of 7 days from the date of the rule to file an answer to
| 9 | | the satisfaction of the Department. Failure to answer to the | 10 | | satisfaction
of the Department shall cause an order to cease | 11 | | and desist to be issued forthwith.
| 12 | | (Source: P.A. 84-1080 .)
| 13 | | (225 ILCS 5/17.5)
| 14 | | (Section scheduled to be repealed on January 1, 2016)
| 15 | | Sec. 17.5. Unlicensed practice; violation; civil penalty.
| 16 | | (a) In addition to any other penalty provided by law, any | 17 | | Any person who practices, offers to practice, attempts to | 18 | | practice, or
holds oneself out to practice as a licensed | 19 | | athletic trainer without being
licensed
under this Act shall, | 20 | | in
addition to any other penalty provided by law, pay a civil | 21 | | penalty to the
Department in an amount not to exceed $10,000 | 22 | | $5,000 for each offense as determined by
the Department. The | 23 | | civil penalty shall be assessed by the Department after a
| 24 | | hearing is held in accordance with the provisions set forth in | 25 | | this Act
regarding the provision of a hearing for the |
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| 1 | | discipline of a licensee.
| 2 | | (b) The Department has the authority and power to | 3 | | investigate any and all
unlicensed activity.
| 4 | | (c) The civil penalty shall be paid within 60 days after | 5 | | the effective date
of the order imposing the civil penalty or | 6 | | in accordance with the order imposing the civil penalty . The | 7 | | order shall constitute a judgment
and may be filed and | 8 | | execution had thereon in the same manner as any judgment
from | 9 | | any court of record.
| 10 | | (Source: P.A. 94-246, eff. 1-1-06.)
| 11 | | (225 ILCS 5/18) (from Ch. 111, par. 7618)
| 12 | | (Section scheduled to be repealed on January 1, 2016)
| 13 | | Sec. 18. Investigations; notice and hearing. The | 14 | | Department may
investigate the actions of any applicant or of | 15 | | any person or persons
holding or claiming to hold a
license. | 16 | | The Department shall, before
refusing to issue or to renew a
| 17 | | license or disciplining a registrant,
at least 30 days prior to | 18 | | the date set for the hearing, notify in
writing
the applicant | 19 | | or licensee for, or holder of, a
license of the nature of the
| 20 | | charges and the time and place that a hearing will be held on | 21 | | the charges date designated .
The Department shall direct the | 22 | | applicant or licensee to file a written
answer to the Board | 23 | | under oath within 20 days after the service of the
notice and | 24 | | inform the applicant or licensee that failure to file an answer
| 25 | | will result in default being taken against the applicant or |
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| 1 | | licensee and
that the license or
certificate may be suspended, | 2 | | revoked, placed on probationary status, or
other disciplinary | 3 | | action may be taken, including limiting the scope,
nature, or | 4 | | extent of practice, as the Director may deem proper. Written
| 5 | | notice may be
served by personal delivery or certified or | 6 | | registered mail to the
respondent at the address of his or her | 7 | | last notification to the
Department.
In case the person fails | 8 | | to file an answer after receiving notice, his or
her license or | 9 | | certificate may, in the discretion of the Department, be
| 10 | | suspended, revoked, or placed on probationary status, or the | 11 | | Department may
take whatever disciplinary action deemed | 12 | | proper, including limiting the
scope, nature, or extent of the | 13 | | person's practice or the imposition of a
fine, without a | 14 | | hearing, if the act or acts charged constitute sufficient
| 15 | | grounds for such action under this Act.
At
the time and place | 16 | | fixed in the notice, the Department Board shall proceed to hear | 17 | | the
charges, and the parties or their counsel shall be accorded | 18 | | ample
opportunity to present such statements, testimony, | 19 | | evidence, and argument
as may be pertinent to the charges or to | 20 | | their defense. The Department Board
may continue a hearing from | 21 | | time to time. The written notice and any notice in the | 22 | | subsequent proceeding may be served by registered or certified | 23 | | mail to the licensee's address of record.
| 24 | | (Source: P.A. 89-216, eff. 1-1-96 .)
| 25 | | (225 ILCS 5/18.5 new) |
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| 1 | | Sec. 18.5. Confidentiality. All information collected by | 2 | | the Department in the course of an examination or investigation | 3 | | of a licensee or applicant, including, but not limited to, any | 4 | | complaint against a licensee filed with the Department and | 5 | | information collected to investigate any such complaint, shall | 6 | | be maintained for the confidential use of the Department and | 7 | | shall not be disclosed. The Department may not disclose the | 8 | | information to anyone other than law enforcement officials, | 9 | | other regulatory agencies that have an appropriate regulatory | 10 | | interest as determined by the Secretary, or a party presenting | 11 | | a lawful subpoena to the Department. Information and documents | 12 | | disclosed to a federal, State, county, or local law enforcement | 13 | | agency shall not be disclosed by the agency for any purpose to | 14 | | any other agency or person. A formal complaint filed against a | 15 | | licensee by the Department or any order issued by the | 16 | | Department against a licensee or applicant shall be a public | 17 | | record, except as otherwise prohibited by law.
| 18 | | (225 ILCS 5/19) (from Ch. 111, par. 7619)
| 19 | | (Section scheduled to be repealed on January 1, 2016)
| 20 | | Sec. 19. Record of proceedings Stenographer - Transcript . | 21 | | The Department , at its expense,
shall preserve a record of all | 22 | | proceedings at the formal hearing of any
case involving the | 23 | | refusal to issue or renew a
license or the discipline
of a | 24 | | licensee .
The notice of hearing, complaint and all other | 25 | | documents in the nature of
pleadings and
written motions filed |
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| 1 | | in the proceedings, the transcript of testimony, the
report of | 2 | | the Board and order of the Department shall be the record of | 3 | | such
proceeding. Any licensee who is found to have violated | 4 | | this Act or who fails to appear for a hearing to refuse to | 5 | | issue, restore, or renew a license or to discipline a licensee | 6 | | may be required by the Department to pay for the costs of the | 7 | | proceeding. These costs are limited to costs for court | 8 | | reporters, transcripts, and witness attendance and mileage | 9 | | fees. All costs imposed under this Section shall be paid within | 10 | | 60 days after the effective date of the order imposing the fine | 11 | | or in accordance with the terms set forth in the order imposing | 12 | | the fine.
| 13 | | (Source: P.A. 89-216, eff. 1-1-96 .)
| 14 | | (225 ILCS 5/19.5 new) | 15 | | Sec. 19.5. Subpoenas; oaths. The Department may subpoena | 16 | | and bring before it any person and may take the oral or written | 17 | | testimony of any person or compel the production of any books, | 18 | | papers, records, or any other documents that the Secretary or | 19 | | his or her designee deems relevant or material to an | 20 | | investigation or hearing conducted by the Department with the | 21 | | same fees and mileage and in the same manner as prescribed by | 22 | | law in judicial procedure in civil cases in courts of this | 23 | | State. | 24 | | The Secretary, the designated hearing officer, any member | 25 | | of the Board, or a certified shorthand court reporter may |
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| 1 | | administer oaths at any hearing which the Department conducts. | 2 | | Notwithstanding any other statute or Department rule to the | 3 | | contrary, all requests for testimony or production of documents | 4 | | or records shall be in accordance with this Act.
| 5 | | (225 ILCS 5/20) (from Ch. 111, par. 7620)
| 6 | | (Section scheduled to be repealed on January 1, 2016)
| 7 | | Sec. 20. Attendance of witnesses; contempt Compelling | 8 | | testimony . Any circuit court may, upon application
of the | 9 | | Department or its designee or of the applicant or
licensee | 10 | | against
whom proceedings pursuant to Section 20 of this Act are | 11 | | pending, enter an
order requiring the attendance of witnesses | 12 | | and their testimony, and the
production of documents, papers, | 13 | | files, books, and records in connection
with any hearing or | 14 | | investigation. The court may compel obedience to its
order by | 15 | | proceedings for contempt.
| 16 | | (Source: P.A. 89-216, eff. 1-1-96 .)
| 17 | | (225 ILCS 5/21) (from Ch. 111, par. 7621)
| 18 | | (Section scheduled to be repealed on January 1, 2016)
| 19 | | Sec. 21. Findings of Board and recommendations . At the | 20 | | conclusion of the hearing
the Board shall present to the | 21 | | Secretary Director a written report of its findings of fact, | 22 | | conclusions of law,
and recommendations. The report shall | 23 | | contain a finding of whether or not
the accused person violated | 24 | | this Act or failed to comply with the conditions
required in |
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| 1 | | this Act. The Board shall specify the nature of the violation
| 2 | | or failure to comply, and shall make its recommendations to the | 3 | | Secretary Director .
| 4 | | The report of findings of fact, conclusions of law, and | 5 | | recommendations of the Board shall be the basis
for the | 6 | | Department's order refusing to issue, restore, or renew a | 7 | | license, or otherwise disciplining a licensee. If of refusal or | 8 | | for the granting of licensure unless the Secretary disagrees | 9 | | with the report of Director shall determine that the Board , | 10 | | report is
contrary to
the manifest weight of the evidence, in | 11 | | which case the Secretary Director may issue
an order in | 12 | | contravention of the Board report. The finding is not
| 13 | | admissible in evidence against the person in a criminal | 14 | | prosecution brought
for the violation of this Act, but the | 15 | | hearing and finding are not a bar to
a criminal prosecution | 16 | | brought for the violation of this Act.
| 17 | | (Source: P.A. 89-216, eff. 1-1-96 .)
| 18 | | (225 ILCS 5/22) (from Ch. 111, par. 7622)
| 19 | | (Section scheduled to be repealed on January 1, 2016)
| 20 | | Sec. 22. Report of Board; motion for rehearing Rehearing . | 21 | | In any case involving the refusal to issue or
renew a
license | 22 | | or the discipline of a licensee, a copy of
the Board's report | 23 | | shall be
served upon the respondent by the Department , either | 24 | | personally or as
provided in this Act for the service of the | 25 | | notice of hearing. Within 20
days after such service, the |
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| 1 | | respondent may present to the Department a
motion in writing | 2 | | for a rehearing, which motion shall specify the
particular | 3 | | grounds therefor. If no motion for rehearing is filed, then
| 4 | | upon the expiration of the time specified for filing such a | 5 | | motion, or if a
motion for rehearing is denied, then upon such | 6 | | denial the Secretary Director may
enter an order in accordance | 7 | | with recommendations of
the Board except as provided in Section | 8 | | 23 of this Act. If the respondent
shall order from the | 9 | | reporting service, and pay for a transcript of the
record | 10 | | within the time for filing a motion for rehearing, the 20 day | 11 | | period
within which such a motion may be filed shall commence | 12 | | upon the delivery of
the transcript to the respondent.
| 13 | | (Source: P.A. 89-216, eff. 1-1-96 .)
| 14 | | (225 ILCS 5/23) (from Ch. 111, par. 7623)
| 15 | | (Section scheduled to be repealed on January 1, 2016)
| 16 | | Sec. 23. Rehearing Director - Rehearing . Whenever the | 17 | | Secretary Director is satisfied that
substantial justice has | 18 | | not been done in the revocation or suspension of a
license or
| 19 | | refusal to issue or renew a
license, the Secretary Director may | 20 | | order a rehearing
by the same or other examiners.
| 21 | | (Source: P.A. 89-216, eff. 1-1-96 .)
| 22 | | (225 ILCS 5/24) (from Ch. 111, par. 7624)
| 23 | | (Section scheduled to be repealed on January 1, 2016)
| 24 | | Sec. 24. Hearing officer appointment. The Secretary |
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| 1 | | Director shall have the
authority to appoint any attorney duly | 2 | | licensed to practice law in the State
of Illinois to serve as | 3 | | the hearing officer in any action for refusal to
issue or , | 4 | | renew a license , or for the taking of disciplinary action | 5 | | against a license discipline of a
licensee . The hearing officer | 6 | | shall have
full authority to conduct the hearing. The hearing | 7 | | officer shall report
his or her findings of fact, conclusions | 8 | | of law, and recommendations to the Board and the Secretary | 9 | | Director . The
Board shall have 90 60 days from receipt of the | 10 | | report to review the report of the
hearing officer and present | 11 | | its their findings of fact, conclusions of law and
| 12 | | recommendation to the Secretary Director . If the Board fails to | 13 | | present its report
within the 90 60 day period, the Secretary | 14 | | may Director
shall issue an order based on the report of the | 15 | | hearing officer. If the Secretary
Director determines that the | 16 | | Board's report is contrary to the manifest
weight of the | 17 | | evidence, he or she may issue an order in contravention of
the | 18 | | Board's report.
| 19 | | (Source: P.A. 89-216, eff. 1-1-96 .)
| 20 | | (225 ILCS 5/25) (from Ch. 111, par. 7625)
| 21 | | (Section scheduled to be repealed on January 1, 2016)
| 22 | | Sec. 25. Order or certified copy ; prima thereof - Prima | 23 | | facie proof. An
order or a certified copy thereof, over the | 24 | | seal of the Department and
purporting to be signed by the | 25 | | Secretary Director , shall be prima facie proof:
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| 1 | | (a) That such signature is the genuine signature of the | 2 | | Secretary Director ;
| 3 | | (b) That such Secretary Director is duly appointed and | 4 | | qualified;
| 5 | | (c) (Blank) That the Board and the members thereof are | 6 | | qualified to act .
| 7 | | (Source: P.A. 84-1080 .)
| 8 | | (225 ILCS 5/26) (from Ch. 111, par. 7626)
| 9 | | (Section scheduled to be repealed on January 1, 2016)
| 10 | | Sec. 26. Restoration of suspended or revoked
license from | 11 | | discipline . At any
time after the successful completion of a | 12 | | term of indefinite probation, suspension or revocation of any
| 13 | | license, the Department
may restore the license to the | 14 | | licensee, unless, after an investigation and a hearing, the | 15 | | Secretary determines that restoration is not in the public | 16 | | interest or that the licensee has not been sufficiently | 17 | | rehabilitated to warrant the public trust. No person or entity | 18 | | whose license, certificate, or authority has been revoked as | 19 | | authorized in this Act may apply for restoration of that | 20 | | license, certificate, or authority until such time as provided | 21 | | for in the Civil Administrative Code of Illinois it to the | 22 | | accused person upon the written recommendation of
the Board | 23 | | unless, after an investigation and a hearing, the Board | 24 | | determines
that restoration is not in the public interest .
| 25 | | (Source: P.A. 89-216, eff. 1-1-96 .)
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| 1 | | (225 ILCS 5/27) (from Ch. 111, par. 7627)
| 2 | | (Section scheduled to be repealed on January 1, 2016)
| 3 | | Sec. 27. Surrender of license. Upon the revocation or
| 4 | | suspension of any license, the licensee
shall forthwith | 5 | | surrender the license or licenses to the Department,
and if he
| 6 | | or she
fails to do so, the Department shall have the right to | 7 | | seize the
license.
| 8 | | (Source: P.A. 89-216, eff. 1-1-96 .)
| 9 | | (225 ILCS 5/28) (from Ch. 111, par. 7628)
| 10 | | (Section scheduled to be repealed on January 1, 2016)
| 11 | | Sec. 28. Summary Temporary suspension of a license. The | 12 | | Secretary
Director may summarily temporarily suspend the
| 13 | | license of an athletic trainer without a hearing, | 14 | | simultaneously with
the institution of proceedings for a | 15 | | hearing provided
for in Section 20 of this Act, if the | 16 | | Secretary Director finds that evidence in his or
her
possession | 17 | | indicates that an athletic trainer's continuation in practice
| 18 | | would constitute an imminent danger to the public. In the event | 19 | | that the Secretary
Director suspends, summarily temporarily , | 20 | | the
license of an athletic trainer
without a hearing, a hearing | 21 | | shall be commenced by the Board
must be held within 30 days | 22 | | after such suspension has occurred and shall be concluded as | 23 | | expeditiously as possible .
| 24 | | (Source: P.A. 89-216, eff. 1-1-96 .)
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| 1 | | (225 ILCS 5/29) (from Ch. 111, par. 7629)
| 2 | | (Section scheduled to be repealed on January 1, 2016)
| 3 | | Sec. 29. Administrative review; venue review - Venue . All | 4 | | final administrative
decisions of the Department are subject to
| 5 | | judicial review pursuant to the provisions of the | 6 | | "Administrative Review
Law" , as now or hereafter amended and | 7 | | all rules adopted pursuant thereto.
The term "administrative | 8 | | decision" is defined as in Section 3-101 of the
Code of Civil | 9 | | Procedure.
| 10 | | Proceedings for judicial review shall be commenced in the | 11 | | circuit court
of the county in which the party applying for | 12 | | review relief resides; but if the
party is not a resident of | 13 | | this State, the venue shall be in Sangamon County.
| 14 | | (Source: P.A. 84-1080 .)
| 15 | | (225 ILCS 5/30) (from Ch. 111, par. 7630)
| 16 | | (Section scheduled to be repealed on January 1, 2016)
| 17 | | Sec. 30. Certifications of record; costs. The Department | 18 | | shall not be
required to certify any record to the Court or
| 19 | | file any answer in court or otherwise appear in any court in a | 20 | | judicial
review proceeding, unless and until the Department has | 21 | | received from the plaintiff payment of the costs of furnishing | 22 | | and certifying the record, which costs shall be determined by | 23 | | the Department. Exhibits shall be certified without cost there | 24 | | is filed in the court, with the complaint,
a receipt from the |
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| 1 | | Department acknowledging payment of the costs of
furnishing and | 2 | | certifying the record . Failure on the part of the
plaintiff to | 3 | | file a receipt in court Court shall be grounds for
dismissal of | 4 | | the action.
| 5 | | (Source: P.A. 87-1031 .)
| 6 | | (225 ILCS 5/31) (from Ch. 111, par. 7631)
| 7 | | (Section scheduled to be repealed on January 1, 2016)
| 8 | | Sec. 31. Criminal penalties Violations . Any person who is | 9 | | found to have violated any
provision of this Act is guilty of a | 10 | | Class A misdemeanor for a first offense . On conviction of
a | 11 | | second or subsequent offense, the violator shall be guilty of a | 12 | | Class 4 felony.
| 13 | | (Source: P.A. 84-1080 .)
| 14 | | Section 15. The Illinois Roofing Industry Licensing Act is | 15 | | amended by changing Sections 2, 2.1, 3, 3.5, 4.5, 5, 5.1, 5.5, | 16 | | 6, 7, 9, 9.1, 9.2, 9.3, 9.4, 9.5, 9.6, 9.7, 9.8, 9.9a, 9.10, | 17 | | 9.14, 9.15, 10, 10a, 11 and 11.5, and by adding Sections 11.6, | 18 | | 11.7, 11.8, 11.9, and 11.10 as follows:
| 19 | | (225 ILCS 335/2) (from Ch. 111, par. 7502)
| 20 | | (Section scheduled to be repealed on January 1, 2016)
| 21 | | Sec. 2. Definitions. As used in this Act, unless the | 22 | | context otherwise
requires:
| 23 | | (a) "Licensure" means the act of obtaining or
holding a |
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| 1 | | license issued by the Department as provided in this Act.
| 2 | | (b) "Department" means the Department of Financial and | 3 | | Professional Regulation.
| 4 | | (c) " Secretary Director " means the Secretary Director of | 5 | | Financial and Professional Regulation.
| 6 | | (d) "Person" means any individual, partnership, | 7 | | corporation, business
trust, limited liability company, or | 8 | | other legal entity.
| 9 | | (e) "Roofing contractor" is one who has the experience, | 10 | | knowledge and skill to construct,
reconstruct, alter, maintain | 11 | | and repair roofs and use materials and items
used in the | 12 | | construction, reconstruction, alteration, maintenance and
| 13 | | repair of all kinds of roofing and waterproofing as related to | 14 | | roofing, all in such manner to
comply with all plans, | 15 | | specifications, codes, laws, and regulations
applicable | 16 | | thereto, but does not include such contractor's employees to | 17 | | the
extent the requirements of Section 3 of this Act apply and | 18 | | extend to such
employees.
| 19 | | (f) "Board" means the Roofing Advisory Board.
| 20 | | (g) "Qualifying party" means the individual filing as a | 21 | | sole proprietor,
partner of a partnership, officer of a | 22 | | corporation, trustee of a business
trust, or party of another | 23 | | legal entity, who is legally qualified to act for
the business | 24 | | organization in all matters connected with its roofing | 25 | | contracting
business, has the authority to supervise roofing | 26 | | installation operations, and
is
actively engaged in day to day |
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| 1 | | activities of the business organization.
| 2 | | "Qualifying party" does not apply to a seller of roofing | 3 | | materials or
services when the construction, reconstruction,
| 4 | | alteration, maintenance, or repair of roofing or waterproofing | 5 | | is to be
performed by a person other than the seller or the | 6 | | seller's
employees.
| 7 | | (h) "Limited roofing license" means a license made | 8 | | available to
contractors whose roofing business is limited to | 9 | | roofing
residential properties consisting of 8 units or less.
| 10 | | (i) "Unlimited roofing license" means a license made | 11 | | available to
contractors whose roofing business is unlimited in | 12 | | nature and includes roofing
on residential, commercial, and | 13 | | industrial properties.
| 14 | | (j) "Seller of services or materials" means a business | 15 | | entity primarily engaged in the sale of tangible personal | 16 | | property at retail. | 17 | | (k) "Building permit" means a permit issued by a unit of | 18 | | local government for work performed within the local | 19 | | government's jurisdiction that requires a license under this | 20 | | Act. | 21 | | (l) "Address of record" means the designated address | 22 | | recorded by the Department in the applicant's or licensee's | 23 | | application file or license file as maintained by the | 24 | | Department's licensure maintenance unit. It is the duty of the | 25 | | applicant or licensee to inform the Department of any change of | 26 | | address, and those changes must be made either through the |
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| 1 | | Department's website or by contacting the Department. | 2 | | (Source: P.A. 96-624, eff. 1-1-10; 97-965, eff. 8-15-12.)
| 3 | | (225 ILCS 335/2.1) (from Ch. 111, par. 7502.1)
| 4 | | (Section scheduled to be repealed on January 1, 2016)
| 5 | | Sec. 2.1. Administration of Act; rules and forms. The | 6 | | Department may exercise the following powers and
duties subject | 7 | | to the provisions of this Act: | 8 | | (a) The Department shall exercise the powers and duties | 9 | | prescribed by the Civil Administrative Code of Illinois for the | 10 | | administration of licensing Acts and shall exercise such other | 11 | | powers and duties necessary for effectuating the purposes of | 12 | | this Act To prescribe forms of application for certificates of | 13 | | registration .
| 14 | | (b) The Secretary may adopt rules consistent with the | 15 | | provisions of this Act for the administration and enforcement | 16 | | of this Act and for the payment of fees connected with this Act | 17 | | and may prescribe forms that shall be issued in connection with | 18 | | this Act. The rules may include, but not be limited to, the | 19 | | standards and criteria for licensure and professional conduct | 20 | | and discipline and the standards and criteria used when | 21 | | determining fitness to practice. The Department may consult | 22 | | with the Board in adopting rules To pass upon the | 23 | | qualifications of applicants for certificates of
registration | 24 | | and issue certificates of registration to those found to be
fit | 25 | | and qualified .
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| 1 | | (c) The Department may, at any time, seek the advice and | 2 | | the expert knowledge of the Board on any matter relating to the | 3 | | administration of this Act To conduct hearings on proceedings | 4 | | to revoke, suspend or otherwise
discipline or to refuse to | 5 | | issue or renew certificates of registration .
| 6 | | (d) (Blank) To formulate rules and regulations when | 7 | | required for the administration
and enforcement of this Act .
| 8 | | (Source: P.A. 89-387, eff. 1-1-96 .)
| 9 | | (225 ILCS 335/3) (from Ch. 111, par. 7503)
| 10 | | (Section scheduled to be repealed on January 1, 2016)
| 11 | | Sec. 3. Application for license.
| 12 | | (1) To obtain a license, an applicant must indicate if the | 13 | | license
is sought for a sole proprietorship, partnership, | 14 | | corporation, business trust,
or other legal entity and whether | 15 | | the application is for a limited or unlimited
roofing license. | 16 | | If the license is sought for a sole proprietorship, the
license | 17 | | shall be issued to the sole proprietor who shall also be | 18 | | designated as the
qualifying party. If the license is sought | 19 | | for a partnership, corporation,
business trust, or other legal | 20 | | entity, the license shall be issued in the
company name. A | 21 | | company must designate one individual who will serve as a
| 22 | | qualifying party. The qualifying party is the individual who | 23 | | must take the
examination required under Section 3.5. The | 24 | | company shall submit an
application in writing to the | 25 | | Department on a form containing the information
prescribed by |
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| 1 | | the Department and accompanied by the fee fixed by the
| 2 | | Department. The application shall include, but shall not be | 3 | | limited to:
| 4 | | (a) the name and address of the person designated as | 5 | | the qualifying party
responsible for the practice of | 6 | | professional roofing in Illinois;
| 7 | | (b) the name of the sole proprietorship and its sole | 8 | | proprietor, the name of the
partnership and its partners, | 9 | | the name of the corporation and its
officers , shareholders, | 10 | | and directors, the name of the business trust and its | 11 | | trustees, or the
name of such other legal entity and its | 12 | | members;
| 13 | | (c) evidence of
compliance with any statutory | 14 | | requirements pertaining to such legal entity,
including | 15 | | compliance with the Assumed Business Name Act; and any laws | 16 | | pertaining to the use of fictitious names,
if a fictitious | 17 | | name is used; if the business is a sole proprietorship and
| 18 | | doing business under a name other than that of the | 19 | | individual proprietor, the
individual proprietor must list | 20 | | all business names used for that
proprietorship. | 21 | | (d) a signed irrevocable uniform consent to service of | 22 | | process form provided by the Department.
| 23 | | (1.5) (Blank). A certificate issued by the Department | 24 | | before the effective date of
this
amendatory Act of the 91st | 25 | | General Assembly shall be deemed a license for
the purposes of | 26 | | this
Act.
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| 1 | | (2) An applicant for a license must submit satisfactory
| 2 | | evidence that:
| 3 | | (a) he or she has obtained public liability and | 4 | | property damage
insurance in such amounts and under such | 5 | | circumstances as may be determined by
the Department;
| 6 | | (b) he or she has obtained Workers' Compensation | 7 | | insurance for roofing covering
his or her employees or is | 8 | | approved as a self-insurer of Workers'
Compensation in
| 9 | | accordance with Illinois law;
| 10 | | (c) he or she has an unemployment insurance employer | 11 | | account number issued by the Department of Employment | 12 | | Security, and he or she is not delinquent in the payment of | 13 | | any amount due under the Unemployment Insurance Act;
| 14 | | (d) he or she has submitted a continuous bond to the | 15 | | Department in the
amount
of
$10,000 for a limited license | 16 | | and in the amount of $25,000 for an unlimited
license; and
| 17 | | (e) a qualifying party has satisfactorily completed | 18 | | the examination
required under Section 3.5.
| 19 | | (3) It is the ongoing responsibility of the licensee to | 20 | | provide to the Department
notice in writing of any changes in | 21 | | the information required to be provided on
the application.
| 22 | | (4) (Blank). All roofing contractors must designate a | 23 | | qualifying party and
otherwise achieve compliance with this Act | 24 | | no later than July 1, 2003 or his or
her license will | 25 | | automatically expire on July 1, 2003.
| 26 | | (5) Nothing in this Section shall apply to a seller of |
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| 1 | | roofing materials
or services when the construction, | 2 | | reconstruction,
alteration, maintenance, or repair of roofing | 3 | | or waterproofing is to be
performed by a person other than the | 4 | | seller or the seller's
employees.
| 5 | | (6) Applicants have 3 years from the date of application to | 6 | | complete the
application process. If the application has not | 7 | | been completed within 3 years,
the application shall be denied, | 8 | | the fee shall be forfeited and the applicant
must reapply and | 9 | | meet the requirements in effect at the time of
reapplication.
| 10 | | (Source: P.A. 98-838, eff. 1-1-15 .)
| 11 | | (225 ILCS 335/3.5)
| 12 | | (Section scheduled to be repealed on January 1, 2016)
| 13 | | Sec. 3.5. Examinations Examination .
| 14 | | (a) The Department shall authorize examinations for | 15 | | applicants for
initial licensure licenses at the time and place | 16 | | it may
designate. The examinations shall be of a character to | 17 | | fairly test the
competence and qualifications of applicants to | 18 | | act as roofing contractors.
Each applicant for limited licenses | 19 | | shall designate a qualifying party who
shall
take an | 20 | | examination, the technical
portion of which shall cover | 21 | | residential roofing practices. Each applicant for
an
unlimited | 22 | | license shall designate a qualifying party who shall take an
| 23 | | examination, the technical portion of which
shall cover | 24 | | residential, commercial, and industrial roofing practices. | 25 | | Both examinations shall cover Illinois jurisprudence as it |
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| 1 | | relates to roofing practice.
| 2 | | (b) An applicant for a limited license or an unlimited | 3 | | license or a
qualifying party designated by an applicant for a | 4 | | limited license or unlimited
license
shall pay, either to the | 5 | | Department or the
designated testing service, a fee established | 6 | | by the Department to cover the
cost of providing the | 7 | | examination. Failure of the individual scheduled
to appear for | 8 | | the
examination on
the scheduled date at the time and place | 9 | | specified , after the applicant's his or her application
for | 10 | | examination has been received and acknowledged by the | 11 | | Department
or the designated testing service , shall result in | 12 | | forfeiture of the examination
fee.
| 13 | | (c) The
qualifying party for an
applicant for a new license | 14 | | must have passed an examination authorized by
the Department
| 15 | | before
the Department may issue a license.
| 16 | | (d) The application for a license as a corporation, | 17 | | business trust, or other legal entity submitted by a sole | 18 | | proprietor who is currently licensed under this Act and exempt | 19 | | from the examination requirement of this Section shall not be | 20 | | considered an application for initial licensure for the | 21 | | purposes of this subsection (d) if the sole proprietor is named | 22 | | in the application as the qualifying party and is the sole | 23 | | owner of the legal entity. Upon issuance of a license to the | 24 | | new legal entity, the sole proprietorship license is | 25 | | terminated. | 26 | | The application for initial licensure as a partnership, |
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| 1 | | corporation, business trust, or other legal entity submitted by | 2 | | a currently licensed partnership, corporation, business trust, | 3 | | or other legal entity shall not be considered an application | 4 | | for initial licensure for the purposes of this subsection (d) | 5 | | if the entity's current qualifying party is exempt from the | 6 | | examination requirement of this Section, that qualifying party | 7 | | is named as the new legal entity's qualifying party, and the | 8 | | majority of ownership in the new legal entity remains the same | 9 | | as the currently licensed entity. Upon issuance of a license to | 10 | | the new legal entity under this subsection (d), the former | 11 | | license issued to the applicant is terminated.
| 12 | | (e) An applicant has 3 years after the date of his or her | 13 | | application to complete
the application process. If the process | 14 | | has not been completed within 3 years,
the application shall be | 15 | | denied, the fee shall be forfeited, and the applicant
must | 16 | | reapply and meet the requirements in effect at the time of
| 17 | | reapplication.
| 18 | | (Source: P.A. 95-303, eff. 1-1-08; 96-624, eff. 1-1-10.)
| 19 | | (225 ILCS 335/4.5)
| 20 | | (Section scheduled to be repealed on January 1, 2016)
| 21 | | Sec. 4.5. Duties of qualifying party; replacement; grounds | 22 | | for discipline. | 23 | | (a) While engaged as or
named as a
qualifying party for a | 24 | | licensee, no person
may be the named qualifying party for any | 25 | | other licensee.
However, the person may act in the capacity of |
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| 1 | | the qualifying party for
one additional licensee of the same | 2 | | type of licensure if one of the following
conditions exists:
| 3 | | (1) there There is a common ownership of at least 25% | 4 | | of each licensed entity
for
which the person acts as a | 5 | | qualifying party ; or .
| 6 | | (2) the The same person acts as a qualifying party
for | 7 | | one licensed entity and its licensed subsidiary.
| 8 | | "Subsidiary" as used in this Section means a corporation of | 9 | | which at least
25% is owned by another licensee.
| 10 | | (b) Upon the loss of In the event that a qualifying party | 11 | | who is not replaced is terminated or terminating his or her
| 12 | | status
as qualifying party of a licensee , the qualifying party | 13 | | or and the licensee , or both, shall
notify the Department of | 14 | | that fact in writing. Thereafter, the licensee shall
notify the | 15 | | Department of the name and address of the newly designated
| 16 | | qualifying party. The newly designated qualifying party must | 17 | | take and pass the
examination prescribed in Section 3.5 of this | 18 | | Act ; however, a newly designated qualifying party is exempt | 19 | | from the examination requirement until January 1, 2012 if he or | 20 | | she has acted in the capacity of a roofing contractor for a | 21 | | period of at least 15 years for the licensee for which he or | 22 | | she seeks to be the qualifying party . These
requirements shall | 23 | | be met in a timely manner as established by rule of the
| 24 | | Department. | 25 | | (c) A qualifying party that is accepted by the Department | 26 | | shall have the authority to act for the licensed entity in all |
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| 1 | | matters connected with its roofing contracting business and to | 2 | | supervise roofing installation operations. This authority | 3 | | shall not be deemed to be a license for purposes of this Act. | 4 | | (d) Designation of a qualifying party by an applicant under | 5 | | this Section and Section 3 is subject to acceptance by the | 6 | | Department. The Department may refuse to accept a qualifying | 7 | | party (i) for failure to qualify as required under this Act and | 8 | | the rules adopted under this Act or (ii) after making a | 9 | | determination that the designated party has a history of acting | 10 | | illegally, fraudulently, incompetently, or with gross | 11 | | negligence in the roofing or construction business. | 12 | | (e) The Department may, at any time after giving | 13 | | appropriate notice and the opportunity for a hearing, suspend | 14 | | or revoke its acceptance of a qualifying party designated by a | 15 | | licensee for any act or failure to act that gives rise to any | 16 | | ground for disciplinary action against that licensee under | 17 | | Section 9.1 or 9.6 of this Act and the rules adopted under this | 18 | | Act . If the Department suspends or revokes its acceptance of a | 19 | | qualifying party, the license of the licensee shall be deemed | 20 | | to be suspended until a new qualifying party has been | 21 | | designated by the licensee and accepted by the Department. | 22 | | If acceptance of a qualifying party is suspended or revoked | 23 | | for action or inaction that constitutes a violation of this Act | 24 | | or the rules adopted under this Act, the Department may in | 25 | | addition take such other disciplinary or non-disciplinary | 26 | | action as it may deem proper, including imposing a fine on the |
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| 1 | | qualifying party, not to exceed $10,000 for each violation. | 2 | | All administrative decisions of the Department under this | 3 | | subsection (e) are subject to judicial review pursuant to | 4 | | Section 9.7 of this Act. An order taking action against a | 5 | | qualifying party shall be deemed a final administrative | 6 | | decision of the Department for purposes of Section 9.7 of this | 7 | | Act.
| 8 | | (Source: P.A. 96-624, eff. 1-1-10.)
| 9 | | (225 ILCS 335/5) (from Ch. 111, par. 7505)
| 10 | | (Section scheduled to be repealed on January 1, 2016)
| 11 | | Sec. 5. Display of license number; building permits; | 12 | | advertising.
| 13 | | (a) Each State licensed roofing contractor shall
affix the | 14 | | roofing contractor license number and the licensee's name, as | 15 | | it appears on the license, to all of his
or
her contracts and | 16 | | bids. In
addition, the official issuing building permits shall | 17 | | affix the
roofing contractor license number to each application | 18 | | for a building permit
and on
each building permit issued and | 19 | | recorded.
| 20 | | (a-3) A municipality or a county that requires a building | 21 | | permit may not issue a building permit to a roofing
contractor | 22 | | unless that contractor has provided sufficient proof of current | 23 | | licensure that he or she
is licensed currently as a roofing | 24 | | contractor by the State. Holders of an unlimited roofing | 25 | | license may be issued permits for residential, commercial, and |
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| 1 | | industrial roofing projects. Holders of a limited roofing | 2 | | license are restricted to permits for work on residential | 3 | | properties consisting of 8 units or less. | 4 | | (a-5) A person who knowingly, in the course of applying for | 5 | | a building permit with a unit of local government, provides the | 6 | | roofing license number or name of a roofing contractor whom | 7 | | that person he or she does not intend to have perform the work | 8 | | on the roofing portion of the project commits identity theft | 9 | | under paragraph (8) of subsection (a) of Section 16-30 of the | 10 | | Criminal Code of 2012. | 11 | | (a-10) A building permit applicant must present a | 12 | | government-issued identification along with the building | 13 | | permit application. Except for the name of the individual, all | 14 | | other personal information contained in the government-issued | 15 | | identification shall be exempt from disclosure under | 16 | | subsection (c) of Section 7 of the Freedom of Information Act. | 17 | | The official issuing the building permit shall maintain the | 18 | | name and identification number, as it appears on the | 19 | | government-issued identification, in the building permit | 20 | | application file. It is not necessary that the building permit | 21 | | applicant be the qualifying party. This subsection shall not | 22 | | apply to a county or municipality whose building permit process | 23 | | occurs through electronic means. | 24 | | (b) (Blank).
| 25 | | (c) Every holder of a license shall
display it in a
| 26 | | conspicuous place in the licensee's his or her principal |
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| 1 | | office, place of business, or place
of employment.
| 2 | | (d) No person licensed under this Act may advertise | 3 | | services regulated by
this Act unless that person includes in | 4 | | the advertisement the roofing contractor license number and the | 5 | | licensee's name, as it appears on the license. Nothing | 6 | | contained in this subsection requires the publisher of
| 7 | | advertising for roofing contractor services to investigate or | 8 | | verify the
accuracy of the
license number provided by the | 9 | | licensee.
| 10 | | (e) A person who advertises services regulated by this Act | 11 | | who knowingly (i)
fails to display the license number and the | 12 | | licensee's name, as it appears on the license, in any manner | 13 | | required by this Section,
(ii) fails to provide a publisher | 14 | | with the correct license number as required
by subsection (d), | 15 | | or (iii) provides a publisher with a false license number or
a | 16 | | license number of another person, or a person who knowingly | 17 | | allows the licensee's his or her
license number to be displayed | 18 | | or used by another person to circumvent any
provisions of this | 19 | | Section, is guilty of a Class A misdemeanor with a fine of
| 20 | | $1,000, and, in addition, is subject to the administrative | 21 | | enforcement
provisions of this Act.
Each day that an | 22 | | advertisement runs or each day that a person knowingly allows | 23 | | the licensee's
his or her license to be displayed or used in | 24 | | violation of this Section
constitutes a separate offense.
| 25 | | (Source: P.A. 96-624, eff. 1-1-10; 96-1324, eff. 7-27-10; | 26 | | 97-235, eff. 1-1-12; 97-597, eff. 1-1-12; 97-965, eff. 8-15-12; |
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| 1 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
| 2 | | (225 ILCS 335/5.1) | 3 | | (Section scheduled to be repealed on January 1, 2016) | 4 | | Sec. 5.1. Commercial vehicles. Any entity offering | 5 | | services regulated by the Roofing Industry Licensing Act shall | 6 | | affix the
roofing
contractor license number and the licensee's | 7 | | name, as it appears on the license, on all commercial vehicles | 8 | | used in offering such services. An entity in violation of this | 9 | | Section shall be subject to a $250 civil penalty. This Section | 10 | | may be enforced by local code enforcement officials employed by | 11 | | units of local government as it relates to roofing work being | 12 | | performed within the boundaries of their jurisdiction. For | 13 | | purposes of this Section, "code enforcement official" means an | 14 | | officer or other designated authority charged with the | 15 | | administration, interpretation, and enforcement of codes on | 16 | | behalf of a municipality or county. If the alleged violation | 17 | | has been corrected prior to or on the date of the hearing | 18 | | scheduled to adjudicate the alleged violation, the violation it | 19 | | shall be dismissed.
| 20 | | (Source: P.A. 97-235, eff. 1-1-12.)
| 21 | | (225 ILCS 335/5.5)
| 22 | | (Section scheduled to be repealed on January 1, 2016)
| 23 | | Sec. 5.5. Contracts. A roofing contractor, when signing a | 24 | | contract, must
provide a land-based phone number and a street |
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| 1 | | address other than a
post office box
at which the roofing | 2 | | contractor he or she may be contacted.
| 3 | | (Source: P.A. 91-950, eff. 2-9-01 .)
| 4 | | (225 ILCS 335/6) (from Ch. 111, par. 7506)
| 5 | | (Section scheduled to be repealed on January 1, 2016)
| 6 | | Sec. 6. Expiration and renewal ; inactive status; | 7 | | restoration ; renewal .
| 8 | | (a) The expiration date and renewal period for each | 9 | | certificate of registration issued under this Act shall be set | 10 | | by the Department by rule. | 11 | | (b) A licensee who has permitted his or her license to | 12 | | expire or whose license is on inactive status may have his or | 13 | | her license restored by making application to the Department in | 14 | | the form and manner prescribed by the Department.
| 15 | | (c) A licensee who notifies the Department in writing on | 16 | | forms prescribed by the Department may elect to place his or | 17 | | her license on inactive status and shall, subject to rules of | 18 | | the Department, be excused from payment of renewal fees until | 19 | | he or she notifies the Department in writing of his or her | 20 | | desire to resume active status. | 21 | | (d) A licensee whose license expired while he or she was | 22 | | (1) on active duty with the Armed Forces of the United States | 23 | | or the State Militia called into service or training or (2) in | 24 | | training or education under the supervision of the United | 25 | | States preliminary to induction into the military service, may |
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| 1 | | have his or her license renewed or restored without paying any | 2 | | lapsed renewal fees if, within 2 years after termination of | 3 | | such service, training, or education, except under conditions | 4 | | other than honorable, he or she furnishes the Department with | 5 | | satisfactory evidence to the effect that he or she has been so | 6 | | engaged and that his or her service, training, or education has | 7 | | been so terminated. | 8 | | (e) A roofing contractor whose license is expired or on | 9 | | inactive status shall not practice under this Act in the State | 10 | | of Illinois. | 11 | | (Source: P.A. 95-303, eff. 1-1-08.)
| 12 | | (225 ILCS 335/7) (from Ch. 111, par. 7507)
| 13 | | (Section scheduled to be repealed on January 1, 2016)
| 14 | | Sec. 7. Fees. The fees for the administration and | 15 | | enforcement of this Act, including, but not limited to, | 16 | | original certification, renewal, and restoration of a license | 17 | | issued under this Act, shall be set by rule. The fees shall be | 18 | | nonrefundable. (1) The initial application fee for a | 19 | | certificate shall be fixed
by the Department by rule. (2) All | 20 | | other fees not set forth herein shall be fixed by rule. (3) | 21 | | (Blank). (4) (Blank). (5) (Blank). (6) All fees , penalties, and | 22 | | fines collected under this Act shall be deposited into
the | 23 | | General Professions Dedicated Fund and shall be appropriated to | 24 | | the Department for the ordinary and contingent expenses of the | 25 | | Department in the administration of this Act .
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| 1 | | (Source: P.A. 94-254, eff. 7-19-05.)
| 2 | | (225 ILCS 335/9) (from Ch. 111, par. 7509)
| 3 | | (Section scheduled to be repealed on January 1, 2016)
| 4 | | Sec. 9. Licensure requirement.
| 5 | | (1) It is unlawful for any person to engage in the business | 6 | | or
act in the capacity of or hold himself , or herself , or | 7 | | itself out in any manner as a
roofing contractor without having | 8 | | been duly licensed under
the provisions of
this Act.
| 9 | | (2) No work involving the construction, reconstruction, | 10 | | alteration,
maintenance or repair of any kind of roofing or | 11 | | waterproofing may be done
except by a roofing contractor | 12 | | licensed under this Act.
| 13 | | (3) Sellers of roofing services may subcontract the | 14 | | provision of those
roofing services only to roofing contractors | 15 | | licensed under this Act.
| 16 | | (4) All persons performing roofing services under this Act | 17 | | shall be licensed as roofing contractors, except for those | 18 | | persons who are deemed to be employees under Section 10 of the | 19 | | Employee Classification Act of a licensed roofing contractor. | 20 | | (Source: P.A. 98-838, eff. 1-1-15 .)
| 21 | | (225 ILCS 335/9.1) (from Ch. 111, par. 7509.1) | 22 | | (Section scheduled to be repealed on January 1, 2016) | 23 | | Sec. 9.1. Grounds for disciplinary action. | 24 | | (1) The Department may refuse
to issue or to renew, or may |
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| 1 | | revoke, suspend, place on probation, reprimand
or take other | 2 | | disciplinary or non-disciplinary action as the Department may | 3 | | deem proper,
including fines not to exceed $10,000 for each | 4 | | violation, with regard to any
license for any one or | 5 | | combination of the following causes : | 6 | | (a) violation of this Act or its rules; | 7 | | (b) conviction or plea of guilty or nolo contendere , | 8 | | finding of guilt, jury verdict, or entry of judgment or | 9 | | sentencing of any crime , including, but not limited to, | 10 | | convictions, preceding sentences of supervision, | 11 | | conditional discharge, or first offender probation, under | 12 | | the laws of any jurisdiction of the United States or any | 13 | | state or territory thereof that is (i) a felony or (ii) a | 14 | | misdemeanor, an essential element
of which is dishonesty or | 15 | | that is
directly related to the
practice of the profession; | 16 | | (c) Fraud or making any misrepresentation in applying | 17 | | for or procuring for the purpose of obtaining a license | 18 | | under this Act, or in connection with applying for renewal | 19 | | of a license under this Act ; | 20 | | (d) professional incompetence or gross negligence in | 21 | | the practice of
roofing contracting, prima facie evidence | 22 | | of which may be a conviction or judgment in any court of | 23 | | competent jurisdiction against an applicant or licensee | 24 | | relating to the practice of roofing contracting or the | 25 | | construction of a roof or repair thereof that results in | 26 | | leakage within 90 days after the completion of such work; |
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| 1 | | (e) (blank); | 2 | | (f) aiding or assisting another person in violating any | 3 | | provision of
this Act or rules; | 4 | | (g) failing, within 60 days, to provide information in | 5 | | response to a
written request made by the Department which | 6 | | has been sent by certified or
registered mail to the | 7 | | licensee's last known address ; | 8 | | (h) engaging in dishonorable, unethical, or | 9 | | unprofessional conduct of a
character likely to deceive, | 10 | | defraud, or harm the public; | 11 | | (i) habitual or excessive use or abuse of controlled | 12 | | substances, as defined by the Illinois Controlled | 13 | | Substances Act, alcohol, or any other substance that | 14 | | addiction to alcohol, narcotics,
stimulants or any other | 15 | | chemical agent or drug which results in the
inability to | 16 | | practice with reasonable judgment, skill, or safety; | 17 | | (j) discipline by another state, unit of government, or | 18 | | government agency, the District of Columbia, a territory, | 19 | | U.S. jurisdiction or a foreign nation, if at
least one of | 20 | | the grounds for the discipline is the same or substantially
| 21 | | equivalent to those set forth in this Section; | 22 | | (k) directly or indirectly giving to or receiving from | 23 | | any person, firm,
corporation, partnership, or association | 24 | | any fee, commission, rebate, or
other form of compensation | 25 | | for any professional services not actually or
personally | 26 | | rendered; |
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| 1 | | (l) a finding by the Department that the licensee, | 2 | | after having his
or her license disciplined, placed on | 3 | | probationary status has violated the terms of the | 4 | | discipline
probation ; | 5 | | (m) a finding by any court of competent jurisdiction, | 6 | | either within or
without this State, of any violation of | 7 | | any law governing the practice of
roofing contracting, if | 8 | | the Department determines, after investigation,
that such | 9 | | person has not been sufficiently rehabilitated to warrant | 10 | | the
public trust; | 11 | | (n) willfully making or filing false records or reports | 12 | | in the practice of roofing contracting, including, but not | 13 | | limited to, false records filed with the State agencies or | 14 | | departments a finding that licensure has been applied for | 15 | | or obtained by
fraudulent means ; | 16 | | (o) practicing, attempting to practice, or advertising | 17 | | under
a name
other than the
full name as shown on the | 18 | | license or any other legally authorized name; | 19 | | (p) gross and willful overcharging for professional | 20 | | services including
filing false statements for collection | 21 | | of fees or monies for which services
are not rendered; | 22 | | (q) (blank); failure to file a return, or to pay the | 23 | | tax, penalty or interest
shown in a filed return, or to pay | 24 | | any final assessment of tax, penalty or
interest, as | 25 | | required by any tax Act administered by the Illinois
| 26 | | Department of Revenue, until such time as the requirements |
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| 1 | | of any such tax
Act are satisfied; | 2 | | (r) (blank); the Department shall deny any license or | 3 | | renewal under this
Act to any person who has defaulted on | 4 | | an educational loan guaranteed by
the Illinois State | 5 | | Scholarship Commission; however, the Department may
issue | 6 | | a license or renewal if the person in default has | 7 | | established a
satisfactory repayment record as determined | 8 | | by the Illinois State
Scholarship Commission; | 9 | | (s) failure to continue to meet the requirements of | 10 | | this Act shall be
deemed a violation; | 11 | | (t) physical or mental disability, including | 12 | | deterioration through the
aging process or loss of | 13 | | abilities and skills that result in an inability to
| 14 | | practice the profession with reasonable judgment, skill, | 15 | | or safety; | 16 | | (u) material misstatement in furnishing information to | 17 | | the Department or
to
any other State agency; | 18 | | (v) (blank); the determination by a court that a | 19 | | licensee is subject to involuntary
admission or judicial | 20 | | admission as provided in the Mental Health and
| 21 | | Developmental Disabilities Code will result in an | 22 | | automatic suspension of his
or her license. The suspension | 23 | | will end upon a finding by a court that the
licensee is no | 24 | | longer subject to involuntary admission or judicial | 25 | | admission,
the issuance of an order so finding and | 26 | | discharging the patient, and the
recommendation of the |
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| 1 | | Board to the Director that the licensee be allowed to
| 2 | | resume professional practice; | 3 | | (w) advertising in any manner that is false, | 4 | | misleading, or deceptive; | 5 | | (x) taking undue advantage of a customer, which results | 6 | | in the perpetration of a fraud; | 7 | | (y) performing any act or practice that is a violation | 8 | | of the Consumer Fraud and Deceptive Business Practices Act; | 9 | | (z) engaging in the practice of roofing contracting, as | 10 | | defined in this Act, with a suspended, revoked, or | 11 | | cancelled license; | 12 | | (aa) treating any person differently to the person's | 13 | | detriment because of race, color, creed, gender, age, | 14 | | religion, or national origin; | 15 | | (bb) knowingly making any false statement, oral, | 16 | | written, or otherwise, of a character likely to influence, | 17 | | persuade, or induce others in the course of obtaining or | 18 | | performing roofing contracting services; | 19 | | (cc) violation of any final administrative action of | 20 | | the Secretary;
| 21 | | (dd) allowing the use of his or her roofing license by | 22 | | an unlicensed roofing contractor for the purposes of | 23 | | providing roofing or waterproofing services; or | 24 | | (ee) (blank); aiding or assisting another person in | 25 | | violating any provision of this Act or its rules, | 26 | | including, but not limited to, Section 9 of this Act. |
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| 1 | | (ff) cheating or attempting to subvert a licensing | 2 | | examination administered under this Act; or | 3 | | (gg) use of a license to permit or enable an unlicensed | 4 | | person to provide roofing contractor services. | 5 | | (2) The determination by a circuit court that a license | 6 | | holder is subject to involuntary admission or judicial | 7 | | admission, as provided in the Mental Health and Developmental | 8 | | Disabilities Code, operates as an automatic suspension. Such | 9 | | suspension will end only upon a finding by a court that the | 10 | | patient is no longer subject to involuntary admission or | 11 | | judicial admission, an order by the court so finding and | 12 | | discharging the patient, and the recommendation of the Board to | 13 | | the Director that the license holder be allowed to resume his | 14 | | or her practice. | 15 | | (3) The Department may refuse to issue or take disciplinary | 16 | | action concerning the license of any person who fails to file a | 17 | | return, to pay the tax, penalty, or interest shown in a filed | 18 | | return, or to pay any final assessment of tax, penalty, or | 19 | | interest as required by any tax Act administered by the | 20 | | Department of Revenue, until such time as the requirements of | 21 | | any such tax Act are satisfied as determined by the Department | 22 | | of Revenue. | 23 | | (4) In enforcing this Section, the Department, upon a | 24 | | showing of a possible violation, may compel any individual who | 25 | | is licensed under this Act or any individual who has applied | 26 | | for licensure to submit to a mental or physical examination or |
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| 1 | | evaluation, or both, which may include a substance abuse or | 2 | | sexual offender evaluation, at the expense of the Department. | 3 | | The Department shall specifically designate the examining | 4 | | physician licensed to practice medicine in all of its branches | 5 | | or, if applicable, the multidisciplinary team involved in | 6 | | providing the mental or physical examination and evaluation. | 7 | | The multidisciplinary team shall be led by a physician licensed | 8 | | to practice medicine in all of its branches and may consist of | 9 | | one or more or a combination of physicians licensed to practice | 10 | | medicine in all of its branches, licensed chiropractic | 11 | | physicians, licensed clinical psychologists, licensed clinical | 12 | | social workers, licensed clinical professional counselors, and | 13 | | other professional and administrative staff. Any examining | 14 | | physician or member of the multidisciplinary team may require | 15 | | any person ordered to submit to an examination and evaluation | 16 | | pursuant to this Section to submit to any additional | 17 | | supplemental testing deemed necessary to complete any | 18 | | examination or evaluation process, including, but not limited | 19 | | to, blood testing, urinalysis, psychological testing, or | 20 | | neuropsychological testing. | 21 | | (5) The Department may order the examining physician or any | 22 | | member of the multidisciplinary team to provide to the | 23 | | Department any and all records, including business records, | 24 | | that relate to the examination and evaluation, including any | 25 | | supplemental testing performed. The Department may order the | 26 | | examining physician or any member of the multidisciplinary team |
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| 1 | | to present testimony concerning this examination and | 2 | | evaluation of the licensee or applicant, including testimony | 3 | | concerning any supplemental testing or documents relating to | 4 | | the examination and evaluation. No information, report, | 5 | | record, or other documents in any way related to the | 6 | | examination and evaluation shall be excluded by reason of any | 7 | | common law or statutory privilege relating to communication | 8 | | between the licensee or applicant and the examining physician | 9 | | or any member of the multidisciplinary team. No authorization | 10 | | is necessary from the licensee or applicant ordered to undergo | 11 | | an evaluation and examination for the examining physician or | 12 | | any member of the multidisciplinary team to provide | 13 | | information, reports, records, or other documents or to provide | 14 | | any testimony regarding the examination and evaluation. The | 15 | | individual to be examined may have, at his or her own expense, | 16 | | another physician of his or her choice present during all | 17 | | aspects of the examination. | 18 | | (6) Failure of any individual to submit to mental or | 19 | | physical examination or evaluation, or both, when directed, | 20 | | shall result in an automatic suspension without hearing until | 21 | | such time as the individual submits to the examination. If the | 22 | | Department finds a licensee unable to practice because of the | 23 | | reasons set forth in this Section, the Department shall require | 24 | | the licensee to submit to care, counseling, or treatment by | 25 | | physicians approved or designated by the Department as a | 26 | | condition for continued, reinstated, or renewed licensure. |
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| 1 | | (7) When the Secretary immediately suspends a license under | 2 | | this Section, a hearing upon such person's license must be | 3 | | convened by the Department within 15 days after the suspension | 4 | | and completed without appreciable delay. The Department shall | 5 | | have the authority to review the licensee's record of treatment | 6 | | and counseling regarding the impairment to the extent permitted | 7 | | by applicable federal statutes and regulations safeguarding | 8 | | the confidentiality of medical records. | 9 | | (8) Licensees affected under this Section shall be afforded | 10 | | an opportunity to demonstrate to the Department that they can | 11 | | resume practice in compliance with acceptable and prevailing | 12 | | standards under the provisions of their license. | 13 | | (9) The Department shall deny a license or renewal | 14 | | authorized by this Act to a person who has defaulted on an | 15 | | educational loan or scholarship provided or guaranteed by the | 16 | | Illinois Student Assistance Commission or any governmental | 17 | | agency of this State in accordance with paragraph (5) of | 18 | | subsection (a) of Section 2105-15 of the Department of | 19 | | Professional Regulation Law of the Civil Administrative Code of | 20 | | Illinois. | 21 | | (10) In cases where the Department of Healthcare and Family | 22 | | Services has previously determined a licensee or a potential | 23 | | licensee is more than 30 days delinquent in the payment of | 24 | | child support and has subsequently certified the delinquency to | 25 | | the Department, the Department may refuse to issue or renew or | 26 | | may revoke or suspend that person's license or may take other |
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| 1 | | disciplinary action against that person based solely upon the | 2 | | certification of delinquency made by the Department of | 3 | | Healthcare and Family Services in accordance with paragraph (5) | 4 | | of subsection (a) of Section 2105-15 of the Department of | 5 | | Professional Regulation Law of the Civil Administrative Code of | 6 | | Illinois. | 7 | | The changes to this Act made by this amendatory Act of 1997 | 8 | | apply only
to disciplinary actions relating to events occurring | 9 | | after the effective date
of
this amendatory Act of 1997. | 10 | | (Source: P.A. 95-303, eff. 1-1-08; 96-1324, eff. 7-27-10.)
| 11 | | (225 ILCS 335/9.2) (from Ch. 111, par. 7509.2)
| 12 | | (Section scheduled to be repealed on January 1, 2016)
| 13 | | Sec. 9.2. Record Stenographer; record of proceedings. The | 14 | | Department, at its
expense, shall provide a stenographer to | 15 | | take down the testimony and preserve
a record of all | 16 | | proceedings at the formal hearing of any case initiated | 17 | | pursuant to this Act, the rules for the
administration of this | 18 | | Act, or any other Act or rules relating to this Act
and | 19 | | proceedings for restoration of any license issued under this | 20 | | Act . The
notice of hearing, complaint, answer, and all other | 21 | | documents in the nature
of pleadings and written motions and | 22 | | responses filed in the proceedings, the
transcript of the | 23 | | testimony, all exhibits admitted into evidence, the report
of | 24 | | the hearing officer, the Board's findings of fact, conclusions | 25 | | of law,
and recommendations to the Director, and the order of |
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| 1 | | the Department shall be the record
of the proceedings. Any | 2 | | licensee who is found to have violated this Act or who fails to | 3 | | appear for a hearing to refuse to issue, restore, or renew a | 4 | | license or to discipline a licensee may be required by the | 5 | | Department to pay for the costs of the proceeding. These costs | 6 | | are limited to costs for court reporters, transcripts, and | 7 | | witness attendance and mileage fees. All costs imposed under | 8 | | this Section shall be paid within 60 days after the effective | 9 | | date of the order imposing the fine. The Department shall | 10 | | furnish a transcript of the record
to any person interested in | 11 | | the hearing upon payment of the fee required
under Section | 12 | | 2105-115
of the Department of Professional Regulation Law (20 | 13 | | ILCS 2105/2105-115).
| 14 | | (Source: P.A. 91-239, eff. 1-1-00; 91-950, eff. 2-9-01 .)
| 15 | | (225 ILCS 335/9.3) (from Ch. 111, par. 7509.3)
| 16 | | (Section scheduled to be repealed on January 1, 2016)
| 17 | | Sec. 9.3. Attendance of witnesses; contempt. Any circuit | 18 | | court may, upon application of the Department or
its designee | 19 | | or of the applicant or licensee against whom proceedings are
| 20 | | pending, enter an order requiring the attendance of witnesses | 21 | | and their
testimony of witnesses , and the production of | 22 | | relevant documents, papers, files, books and
records in | 23 | | connection with any hearing or investigation. The court may
| 24 | | compel obedience to its order by proceedings for contempt.
| 25 | | (Source: P.A. 86-615 .)
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| 1 | | (225 ILCS 335/9.4) (from Ch. 111, par. 7509.4)
| 2 | | (Section scheduled to be repealed on January 1, 2016)
| 3 | | Sec. 9.4. Subpoenas; oaths. The Department has power to | 4 | | subpoena and bring before it any
person in this State and to | 5 | | take the oral or written testimony either orally or by | 6 | | deposition or
both , or to compel the production of any books, | 7 | | papers, records, subpoena documents, exhibits, or other | 8 | | materials that the Secretary or his or her designee deems | 9 | | relevant or material to an investigation or hearing conducted | 10 | | by the Department, with the same
fees and mileage and in the | 11 | | same manner as prescribed by law in judicial
proceedings in | 12 | | civil cases in circuit courts of this State.
| 13 | | The Secretary, the designated hearing officer, Director | 14 | | and any member of the Roofing Advisory Board , or a certified | 15 | | shorthand court reporter may have power to
administer oaths to | 16 | | witnesses at any hearing that the Department conducts or | 17 | | Roofing
Advisory Board is authorized by law to conduct . | 18 | | Notwithstanding any other statute or Department rule to the | 19 | | contrary, all requests for testimony or production of documents | 20 | | or records shall be in accordance with this Act. Further, the | 21 | | Director has power
to administer any other oaths required or | 22 | | authorized to be administered by the
Department under this Act.
| 23 | | (Source: P.A. 91-950, eff. 2-9-01 .)
| 24 | | (225 ILCS 335/9.5) (from Ch. 111, par. 7509.5)
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| 1 | | (Section scheduled to be repealed on January 1, 2016)
| 2 | | Sec. 9.5. Findings of fact, conclusions of law, and | 3 | | recommendations of the Board ; rehearing order . The Board shall | 4 | | have 90 days after receipt of the report of the hearing officer | 5 | | to review the report and present their findings of fact, | 6 | | conclusions of law, and recommendations to the Secretary. If | 7 | | the Board fails to present its findings of fact, conclusions of | 8 | | law, and recommendations within the 90-day period, the | 9 | | Secretary may issue an order based on the report of the hearing | 10 | | officer. If the Secretary disagrees with the recommendation of | 11 | | the Board or hearing officer, then the Secretary may issue an | 12 | | order in contravention of the recommendation.
In any case | 13 | | involving the refusal to issue or renew or the taking of | 14 | | disciplinary action against a license, a copy of the Board's | 15 | | findings of fact, conclusions of law, and recommendations shall | 16 | | be served upon the respondent by the Department as provided in | 17 | | this Act for the service of the notice of hearing. Within 20 | 18 | | days after such service, the respondent may present to the | 19 | | Department a motion in writing for a rehearing, which motion | 20 | | shall specify the particular grounds therefor. If no motion for | 21 | | rehearing is filed, then upon the expiration of the time | 22 | | specified for filing such a motion or, if a motion for | 23 | | rehearing is denied, then upon such denial the Secretary may | 24 | | enter an order in accordance with recommendations of the Board. | 25 | | If the respondent shall order from the reporting service, and | 26 | | pays for a transcript of the record within the time for filing |
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| 1 | | a motion for rehearing, the 20-day period within which such a | 2 | | motion may be filed shall commence upon the delivery of the | 3 | | transcript to the respondent. Whenever the Secretary is | 4 | | satisfied that substantial justice has not been done in the | 5 | | revocation or suspension of, or the refusal to issue or renew, | 6 | | a license, the Secretary may order a rehearing by the hearing | 7 | | officer. | 8 | | Within 60
days
of the Department's receipt of the transcript of | 9 | | any hearing that is conducted
pursuant to this Act or the rules | 10 | | for its enforcement or any other statute or
rule
requiring a | 11 | | hearing under this Act or the rules for its enforcement, or for | 12 | | any
hearing related to restoration of any license issued | 13 | | pursuant to this Act, the
hearing officer shall submit his or | 14 | | her written findings and recommendations to
the Roofing | 15 | | Advisory Board. The Roofing Advisory Board shall review the | 16 | | report
of
the hearing officer and shall present its findings of | 17 | | fact, conclusions of law,
and recommendations to the Director | 18 | | by the date of the Board's second meeting
following the Board's | 19 | | receipt of the hearing officer's report.
| 20 | | A copy of the findings of fact, conclusions of law, and | 21 | | recommendations to
the Director shall be served upon the | 22 | | accused person, either personally or by
registered or certified | 23 | | mail. Within 20 days after service, the accused person
may | 24 | | present to the Department a written motion for a rehearing, | 25 | | which shall
state
the particular grounds therefor. If the | 26 | | accused person orders and pays for a
transcript pursuant to |
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| 1 | | Section 9.2, the time elapsing thereafter and before
the
| 2 | | transcript is ready for delivery to him or her shall not be | 3 | | counted as part of
the
20
days.
| 4 | | The Director shall issue an order based on the findings of | 5 | | fact,
conclusions
of law, and recommendations to the Director. | 6 | | If the Director
disagrees in any regard with the findings of | 7 | | fact, conclusions of law, and
recommendations to the Director, | 8 | | he may issue an order in contravention of the
findings of fact, | 9 | | conclusions of law, and recommendations to the Director.
| 10 | | If the Director issues an order in contravention of the | 11 | | findings of fact,
conclusions of law, and recommendations to | 12 | | the Director, the
Director shall notify the Board in writing | 13 | | with an explanation for any
deviation
from the Board's findings | 14 | | of fact, conclusions of law, and recommendations to
the
| 15 | | Director within 30 days of the Director's entry of the order.
| 16 | | (Source: P.A. 91-950, eff. 2-9-01 .)
| 17 | | (225 ILCS 335/9.6) (from Ch. 111, par. 7509.6)
| 18 | | (Section scheduled to be repealed on January 1, 2016)
| 19 | | Sec. 9.6. Summary Temporary suspension pending hearing . | 20 | | The Secretary Director may summarily temporarily suspend a the
| 21 | | license issued under this Act of a roofing contractor without a | 22 | | hearing, simultaneously with
the institution of proceedings | 23 | | for a hearing provided for in this Act, if
the Secretary | 24 | | Director finds that evidence in his or her possession indicates | 25 | | that
continuation in practice would constitute an imminent |
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| 1 | | danger to the public.
In the event that the Secretary summarily | 2 | | Director temporarily suspends a license without a
hearing, a | 3 | | hearing by the Department shall be commenced held
within 30 | 4 | | days after such suspension has occurred and shall be concluded | 5 | | as expeditiously as possible .
| 6 | | (Source: P.A. 89-387, eff. 1-1-96; 90-55, eff. 1-1-98 .)
| 7 | | (225 ILCS 335/9.7) (from Ch. 111, par. 7509.7)
| 8 | | (Section scheduled to be repealed on January 1, 2016)
| 9 | | Sec. 9.7.
All final administrative decisions of the | 10 | | Department are
subject to judicial review pursuant to the | 11 | | Administrative Review Law , as
amended, and all its rules | 12 | | adopted pursuant thereto . The term "administrative decision" | 13 | | is defined as
in Section 3-101 of the Code of Civil Procedure. | 14 | | Proceedings for judicial review shall be commenced in the | 15 | | circuit court of the county in which the party applying for | 16 | | review resides, except that, if the party is not a resident of | 17 | | this State, the venue shall be Sangamon County.
| 18 | | (Source: P.A. 86-615 .)
| 19 | | (225 ILCS 335/9.8) (from Ch. 111, par. 7509.8)
| 20 | | (Section scheduled to be repealed on January 1, 2016)
| 21 | | Sec. 9.8.
Criminal penalties. Any person who is found to | 22 | | have violated any provision of
this Act is guilty of a Class A | 23 | | misdemeanor for the first offense . On conviction of a second or
| 24 | | subsequent offense the violator is guilty of a Class 4 felony.
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| 1 | | Each day of violation constitutes a separate offense.
| 2 | | (Source: P.A. 89-387, eff. 1-1-96 .)
| 3 | | (225 ILCS 335/9.9a)
| 4 | | (Section scheduled to be repealed on January 1, 2016)
| 5 | | Sec. 9.9a. Certification of record; costs. The Department | 6 | | shall not be
required to certify any record to the court, to | 7 | | file an answer in court, or to
otherwise appear in any court in | 8 | | a judicial review proceeding, unless and until the Department | 9 | | has received from the plaintiff payment of the costs of | 10 | | furnishing and certifying the record, which costs shall be | 11 | | determined by the Department there is
filed in the court, with | 12 | | the complaint, a receipt from the Department
acknowledging | 13 | | payment of the costs of furnishing and certifying the record .
| 14 | | Failure on the part of the plaintiff to file the receipt in | 15 | | court is grounds
for dismissal of the action.
| 16 | | (Source: P.A. 89-387, eff. 1-1-96 .)
| 17 | | (225 ILCS 335/9.10) (from Ch. 111, par. 7509.10)
| 18 | | (Section scheduled to be repealed on January 1, 2016)
| 19 | | Sec. 9.10. Returned checks; fines.
Any person who delivers | 20 | | a check or other payment to the Department that
is returned to | 21 | | the Department unpaid by the financial institution upon
which | 22 | | it is drawn shall pay to the Department, in addition to the | 23 | | amount
already owed to the Department, a fine of $50. The fines | 24 | | imposed by this
Section are in addition
to any other discipline |
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| 1 | | provided under this Act for unlicensed
practice or practice on | 2 | | a nonrenewed license. The Department shall notify
the person | 3 | | that payment of fees and fines shall be paid to the Department
| 4 | | by certified check or money order within 30 calendar days of | 5 | | the
notification. If, after the expiration of 30 days from the | 6 | | date of the
notification, the person has failed to submit the | 7 | | necessary remittance, the
Department shall automatically | 8 | | terminate the license or deny
the application, without hearing. | 9 | | If, after termination or denial, the
person seeks a license, | 10 | | that person he or she shall apply to the
Department for | 11 | | restoration or issuance of the license and
pay all the | 12 | | application fees as set by rule. The Department may establish
a | 13 | | fee for the processing of an application for restoration of a | 14 | | license to pay
all expenses of processing this application. The | 15 | | Director
may waive the fines due under this Section in | 16 | | individual cases where the
Director finds that the fines would | 17 | | be unreasonable or unnecessarily
burdensome.
| 18 | | (Source: P.A. 91-950, eff. 2-9-01; 92-146, eff. 1-1-02; 92-651, | 19 | | eff.
7-11-02 .)
| 20 | | (225 ILCS 335/9.14) (from Ch. 111, par. 7509.14)
| 21 | | (Section scheduled to be repealed on January 1, 2016)
| 22 | | Sec. 9.14. Appointment of hearing officer. The Secretary | 23 | | Director has the authority to appoint any
attorney duly | 24 | | licensed to practice law in the State of Illinois to serve as
| 25 | | the hearing officer for any action for refusal to issue or |
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| 1 | | renew a license,
for
discipline of a licensee for sanctions for | 2 | | unlicensed practice, for
restoration of a license, or for any
| 3 | | other action for which findings of fact, conclusions of law, | 4 | | and
recommendations
are required pursuant to Section 9.5 of | 5 | | this Act. The hearing officer shall
have full authority to | 6 | | conduct the hearing and shall
issue his or her findings of | 7 | | fact , conclusions of law, and recommendations to the Board | 8 | | pursuant to Section
Sections 9.5 of this Act.
| 9 | | (Source: P.A. 91-950, eff. 2-9-01 .)
| 10 | | (225 ILCS 335/9.15) (from Ch. 111, par. 7509.15)
| 11 | | (Section scheduled to be repealed on January 1, 2016)
| 12 | | Sec. 9.15. Investigation; notice; default. The Department | 13 | | may
investigate the actions of any applicant
or any person or | 14 | | persons holding or claiming to hold a license. The
Department | 15 | | shall, before refusing to issue, renew, or discipline a | 16 | | licensee or applicant suspending, revoking, placing on | 17 | | probationary
status, or taking any other disciplinary action as | 18 | | the Department may deem
proper with regard to any license , at | 19 | | least 30 days prior to
the date set for the hearing, notify the | 20 | | applicant or licensee accused in writing of the nature of the | 21 | | any charges
made and the time and place for a hearing on the | 22 | | charges . The Department shall direct the applicant or licensee | 23 | | before the hearing
officer, direct him or her to file a his | 24 | | written answer to the charges with the hearing
officer under | 25 | | oath within 20 30 days after the service on him or her of the |
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| 1 | | such
notice,
and inform the applicant or licensee him or her | 2 | | that failure if he or she fails to file an such answer will | 3 | | result in
default being will be taken
against the applicant or | 4 | | licensee him or her and his or her license may be
suspended, | 5 | | revoked,
placed on probationary status, or other disciplinary | 6 | | action, including
limiting the scope, nature or extent of his | 7 | | or her practice, as the
Department may
deem proper, taken. This | 8 | | written notice may be served
by personal delivery or certified | 9 | | or registered mail to the Department . At the time and place | 10 | | fixed in the notice, the Department shall proceed to hear the | 11 | | charges and the parties or their counsel shall be accorded | 12 | | ample opportunity to present any pertinent statements, | 13 | | testimony, evidence, and arguments. The Department may | 14 | | continue the hearing from time to time.
In case the person | 15 | | fails to file an answer after receiving notice, the his or
her | 16 | | license may, in the discretion of the Department, be
suspended, | 17 | | revoked, or placed on probationary status, or the Department | 18 | | may
take whatever disciplinary action deemed proper, including | 19 | | limiting the
scope, nature, or extent of the person's practice | 20 | | or the imposition of a
fine, without a hearing, if the act or | 21 | | acts charged constitute sufficient
grounds for such action | 22 | | under this Act. The written notice and any notice in the | 23 | | subsequent proceeding may be served by registered or certified | 24 | | mail to the licensee's address of record.
At
the time and place | 25 | | fixed in the notice, the Department shall proceed to
hear the | 26 | | charges and the parties or their counsel shall be accorded |
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| 1 | | ample
opportunity to present such statements, testimony, | 2 | | evidence and argument as
may be pertinent to the charges or to | 3 | | their defense. The Department
may continue such hearing from | 4 | | time to time. At the discretion of the
Director after having | 5 | | first received the recommendation of the hearing
officer, the | 6 | | accused person's license may be suspended, revoked, placed on
| 7 | | probationary status, or other disciplinary action may be taken | 8 | | as the
Director may deem proper, including limiting the scope, | 9 | | nature, or extent
of said person's practice without a hearing, | 10 | | if the act or acts charged
constitute sufficient grounds for | 11 | | such action under this Act.
| 12 | | (Source: P.A. 90-55, eff. 1-1-98 .)
| 13 | | (225 ILCS 335/10) (from Ch. 111, par. 7510)
| 14 | | (Section scheduled to be repealed on January 1, 2016)
| 15 | | Sec. 10. Injunctive relief; order to cease and desist | 16 | | Enforcement; petition to court .
| 17 | | (1) If any person violates the provisions of this Act, the | 18 | | Secretary,
Director through the Attorney General of the State | 19 | | of Illinois , or the State's Attorney
of any county in which a | 20 | | violation is alleged to have occurred exist , may in the name of
| 21 | | the People of the State of Illinois petition for an order | 22 | | enjoining such
violation or for an order enforcing compliance | 23 | | with this Act. Upon the
filing of a verified petition in such | 24 | | court, the court may issue a
temporary restraining order, | 25 | | without notice or bond, and may preliminarily
and permanently |
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| 1 | | enjoin such violation, and if it is established that such
| 2 | | person has violated or is violating the injunction, the Court | 3 | | may punish the
offender for contempt of court. Proceedings | 4 | | under this Section shall be in addition to, and not in lieu of, | 5 | | all other remedies and penalties provided by this Act.
| 6 | | (2) If any person shall practice as a
licensee or hold | 7 | | himself or herself out as a
licensee without being licensed
| 8 | | under the provisions of this Act, then any person licensed
| 9 | | under this Act,
any interested party or any person injured | 10 | | thereby may, in addition to the Secretary
those officers | 11 | | identified in subsection (1) of this Section , petition for
| 12 | | relief as provided in subsection (1) of this Section therein .
| 13 | | (3) (Blank).
| 14 | | (4) Whenever, in the opinion of the Department, any person | 15 | | violates any provision of this Act, the Department may issue a | 16 | | rule to show cause why an order to cease and desist should not | 17 | | be entered. The rule shall clearly set forth the grounds relied | 18 | | upon by the Department and shall provide a period of 7 days | 19 | | after the date of issuance of the rule to file an answer to the | 20 | | satisfaction of the Department. Failure to answer to the | 21 | | satisfaction of the Department shall cause an order to cease | 22 | | and desist to be issued forthwith. Proceedings under this | 23 | | Section shall be
in addition to, and not in lieu of, all other | 24 | | remedies and penalties which
may be provided by law.
| 25 | | (Source: P.A. 95-303, eff. 1-1-08.)
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| 1 | | (225 ILCS 335/10a)
| 2 | | (Section scheduled to be repealed on January 1, 2016)
| 3 | | Sec. 10a. Unlicensed practice; violation; civil penalty.
| 4 | | (a) In addition to any other penalty provided by law, any | 5 | | Any person who practices, offers to practice, attempts to | 6 | | practice, or
holds himself or herself out to practice roofing | 7 | | without being licensed under
this Act shall, in addition to any | 8 | | other penalty provided by law, pay a civil
penalty to the | 9 | | Department in an amount not to exceed $10,000 $5,000 for each | 10 | | offense as
determined by the Department. The civil penalty | 11 | | shall be assessed by the
Department after a hearing is held in | 12 | | accordance with the provisions set forth
in this Act regarding | 13 | | the provision of a hearing for the discipline of a
licensee.
| 14 | | (b) The Department has the authority and power to | 15 | | investigate any and all
unlicensed activity.
| 16 | | (c) The civil penalty shall be paid within 60 days after | 17 | | the effective date
of the order imposing the civil penalty. The | 18 | | order shall constitute a judgment
and may be filed and | 19 | | execution had thereon in the same manner as any judgment
from | 20 | | any court of record.
| 21 | | (Source: P.A. 89-387, eff. 1-1-96 .)
| 22 | | (225 ILCS 335/11) (from Ch. 111, par. 7511)
| 23 | | (Section scheduled to be repealed on January 1, 2016)
| 24 | | Sec. 11. Application of Act.
| 25 | | (1) Nothing in this Act limits the power of a municipality, |
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| 1 | | city ,
or county , or incorporated area to regulate the quality | 2 | | and character of work performed by roofing
contractors through | 3 | | a system of permits, fees, and inspections which are
designed | 4 | | to secure compliance with and aid in the implementation of | 5 | | State
and local building laws or to enforce other local laws | 6 | | for the protection
of the public health and safety.
| 7 | | (2) Nothing in this Act shall be construed to require a | 8 | | seller of
roofing materials or services to be licensed as a | 9 | | roofing
contractor when
the construction, reconstruction, | 10 | | alteration, maintenance or repair of
roofing or waterproofing | 11 | | is to be performed by a person other than the
seller or the | 12 | | seller's employees.
| 13 | | (3) Nothing in this Act shall be construed to require a | 14 | | person who
performs roofing or waterproofing work to his or her | 15 | | own property, or for
no
consideration, to be licensed as a | 16 | | roofing contractor.
| 17 | | (4) Nothing in this Act shall be construed to require a | 18 | | person who
performs roofing or waterproofing work to his or her | 19 | | employer's property to
be
licensed as a roofing contractor, | 20 | | where there exists an
employer-employee
relationship. Nothing | 21 | | in this Act shall be construed to apply to the
installation of | 22 | | plastics, glass or fiberglass to greenhouses and related
| 23 | | horticultural structures, or to the repair or construction of | 24 | | farm buildings.
| 25 | | (5) Nothing in this Act limits the power of a municipality, | 26 | | city, or county , or incorporated area
to collect occupational |
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| 1 | | license and inspection fees for engaging in roofing
| 2 | | contracting.
| 3 | | (6) Nothing in this Act limits the power of the | 4 | | municipalities, cities ,
or counties , or incorporated areas to | 5 | | adopt any system of permits requiring submission to and | 6 | | approval
by the municipality, city, or county , or incorporated | 7 | | area of plans and specifications for work
to be performed by | 8 | | roofing contractors before commencement of the work.
| 9 | | (7) Any official authorized to issue building or other | 10 | | related permits
shall ascertain that the applicant contractor | 11 | | is duly licensed before issuing
the permit. The evidence shall | 12 | | consist only of the exhibition to him or
her of
current | 13 | | evidence of licensure.
| 14 | | (8) This Act applies to any roofing contractor performing | 15 | | work for the
State or any municipality, city, county , or | 16 | | incorporated area municipality . Officers of the State or any | 17 | | municipality, city, county
or incorporated area municipality | 18 | | are required to determine compliance with this Act before
| 19 | | awarding any contracts for construction, improvement, | 20 | | remodeling, or repair.
| 21 | | (9) If an incomplete contract exists at the time of death | 22 | | of a licensee contractor ,
the contract may be completed by any | 23 | | person even though not licensed.
Such person shall notify the | 24 | | Department within 30 days after the death of
the contractor of | 25 | | his or her name and address. For the purposes of this
| 26 | | subsection,
an incomplete contract is one which has been |
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| 1 | | awarded to, or entered into
by, the licensee contractor before | 2 | | his or her death or on which he or she was
the low
bidder and
| 3 | | the contract is subsequently awarded to him or her regardless | 4 | | of whether
any actual
work has commenced under the contract | 5 | | before his or her death.
| 6 | | (10) The State or any municipality, city, county , or | 7 | | incorporated area municipality may require that bids submitted
| 8 | | for roofing construction, improvement, remodeling, or repair | 9 | | of public
buildings
be accompanied by evidence that that bidder | 10 | | holds an appropriate license
issued pursuant to this Act.
| 11 | | (11) (Blank).
| 12 | | (12) Nothing in this Act shall prevent a municipality, | 13 | | city, county, or incorporated area from making laws or | 14 | | ordinances that are more stringent than those contained in this | 15 | | Act. | 16 | | (Source: P.A. 97-965, eff. 8-15-12.)
| 17 | | (225 ILCS 335/11.5)
| 18 | | (Section scheduled to be repealed on January 1, 2016)
| 19 | | Sec. 11.5. Board. The Roofing Advisory Board is created and
| 20 | | shall consist of
8 persons, one of whom is a knowledgeable | 21 | | public
member and
7 of whom are (i) designated as the | 22 | | qualifying party of a licensed roofing contractor or (ii) | 23 | | legally qualified to act for the business organization on | 24 | | behalf of the licensee in all matters connected with its | 25 | | roofing contracting business, have the authority to supervise |
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| 1 | | roofing installation operations, and actively engaged in | 2 | | day-to-day activities of the business organization for a | 3 | | licensed roofing contractor have been issued licenses as | 4 | | roofing contractors by the Department .
One of the
7 nonpublic | 5 | | members licensed roofing contractors on the Board shall | 6 | | represent a
statewide association representing home builders | 7 | | and
another of the 7 nonpublic members licensed roofing | 8 | | contractors shall represent an association
predominately | 9 | | representing retailers.
The public member shall not be licensed | 10 | | under
this Act or any other Act the Department administers . | 11 | | Each member shall be
appointed by the Secretary Director . Five | 12 | | members of the Board shall constitute a quorum. A quorum is | 13 | | required for all Board decisions. Members shall be appointed | 14 | | who reasonably represent
the different geographic areas of the | 15 | | State. A quorum of the Board shall consist of the majority of | 16 | | Board members appointed.
| 17 | | Members of the Roofing Advisory Board shall be immune from | 18 | | suit in any
action based upon any disciplinary proceedings or | 19 | | other acts performed in good
faith as members of the Roofing | 20 | | Advisory Board, unless the conduct that gave
rise to the suit | 21 | | was willful and wanton misconduct.
| 22 | | The persons appointed shall hold office for 4 years and | 23 | | until a successor is
appointed and qualified. The initial terms | 24 | | shall begin July 1, 1997. Of the
members of the Board first | 25 | | appointed, 2 shall be appointed to serve for 2
years, 2 shall | 26 | | be appointed to serve for 3 years, and 3 shall be appointed to
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| 1 | | serve for 4 years. No member shall serve more than 2 complete 4 | 2 | | year terms. | 3 | | The Secretary shall have the authority to remove or suspend | 4 | | any member of the Board for cause at any time before the | 5 | | expiration of his or her term. The Secretary shall be the sole | 6 | | arbiter of cause.
| 7 | | The Secretary Within 90 days of a vacancy occurring, the | 8 | | Director shall fill a the vacancy
for the unexpired portion of | 9 | | the term with an appointee who meets the same
qualifications as | 10 | | the person whose position has become vacant. The Board shall
| 11 | | meet annually to elect one member as chairman and one member as | 12 | | vice-chairman.
No officer shall be elected more than twice in | 13 | | succession to the same office.
The members of the Board shall | 14 | | receive reimbursement for actual, necessary, and
authorized | 15 | | expenses incurred in attending the meetings of the Board.
| 16 | | (Source: P.A. 94-254, eff. 7-19-05.)
| 17 | | (225 ILCS 335/11.6 new) | 18 | | Sec. 11.6. Confidentiality. All information collected by | 19 | | the Department in the course of an examination or investigation | 20 | | of a licensee or applicant, including, but not limited to, any | 21 | | complaint against a licensee filed with the Department and | 22 | | information collected to investigate any such complaint, shall | 23 | | be maintained for the confidential use of the Department and | 24 | | shall not be disclosed. The Department may not disclose the | 25 | | information to anyone other than law enforcement officials, |
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| 1 | | other regulatory agencies that have an appropriate regulatory | 2 | | interest as determined by the Secretary, or a party presenting | 3 | | a lawful subpoena to the Department. Information and documents | 4 | | disclosed to a federal, State, county, or local law enforcement | 5 | | agency shall not be disclosed by the agency for any purpose to | 6 | | any other agency or person. A formal complaint filed against a | 7 | | licensee by the Department or any order issued by the | 8 | | Department against a licensee or applicant shall be a public | 9 | | record, except as otherwise prohibited by law. | 10 | | (225 ILCS 335/11.7 new) | 11 | | Sec. 11.7. Order or certified copy; prima facie proof. An | 12 | | order or a certified copy thereof, over the seal of the | 13 | | Department and purporting to be signed by the Secretary, shall | 14 | | be prima facie proof that: | 15 | | (1) the signature is the genuine signature of the
| 16 | | Secretary; and | 17 | | (2) the Secretary is duly appointed and qualified. | 18 | | (225 ILCS 335/11.8 new) | 19 | | Sec. 11.8. Surrender of license. Upon the revocation or | 20 | | suspension of any license, the licensee shall immediately | 21 | | surrender the license or licenses to the Department. If the | 22 | | licensee fails to do so, the Department shall have the right to | 23 | | seize the license. |
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| 1 | | (225 ILCS 335/11.9 new) | 2 | | Sec. 11.9. Suspension of license for failure to pay | 3 | | restitution. The Department, without further process or | 4 | | hearing, shall suspend the license or other authorization to | 5 | | practice of any person issued under this Act who has been | 6 | | certified by court order as not having paid restitution to a | 7 | | person under Section 8A-3.5 of the Illinois Public Aid Code or | 8 | | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | 9 | | the Criminal Code of 2012. A person whose license or other | 10 | | authorization to practice is suspended under this Section is | 11 | | prohibited from practicing until the restitution is made in | 12 | | full. | 13 | | (225 ILCS 335/11.10 new) | 14 | | Sec. 11.10. Citations. | 15 | | (a) The Department may adopt rules to permit the issuance | 16 | | of citations for non-frivolous complaints. The citation shall | 17 | | list the person's name and address, a brief factual statement, | 18 | | the Sections of the Act or rules allegedly violated, the | 19 | | penalty imposed, and, if applicable, the licensee's license | 20 | | number. The citation must clearly state that the person may | 21 | | choose, in lieu of accepting the citation, to request a | 22 | | hearing. If the person does not dispute the matter in the | 23 | | citation with the Department within 30 days after the citation | 24 | | is served, then the citation shall become a final order and | 25 | | shall constitute discipline. The penalty shall be a fine or |
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| 1 | | other conditions as established by rule. | 2 | | (b) The Department shall adopt rules designating | 3 | | violations for which a citation may be issued. Such rules shall | 4 | | designate as citation violations those violations for which | 5 | | there is no substantial threat to the public health, safety, | 6 | | and welfare. Citations shall not be utilized if there was any | 7 | | significant consumer harm resulting from the violation. | 8 | | (c) A citation must be issued within 6 months after the | 9 | | reporting of a violation that is the basis for the citation. | 10 | | (d) Service of a citation may be made by personal service | 11 | | or certified mail to the person at the person's last known | 12 | | address of record or, if applicable, the licensee's address of | 13 | | record. | 14 | | (225 ILCS 335/8 rep.) | 15 | | (225 ILCS 335/9.12 rep.) | 16 | | (225 ILCS 335/10b rep.) | 17 | | Section 20. The Illinois Roofing Industry Licensing Act is | 18 | | amended by repealing Sections 8, 9.12, and 10b.
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.".
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