Full Text of HB2957 101st General Assembly
HB2957ham001 101ST GENERAL ASSEMBLY | Rep. William Davis Filed: 3/21/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2957
| 2 | | AMENDMENT NO. ______. Amend House Bill 2957 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Regulatory Sunset Act is amended by | 5 | | changing Section 4.30 and by adding Section 4.40 as follows: | 6 | | (5 ILCS 80/4.30) | 7 | | Sec. 4.30. Acts repealed on January 1, 2020. The following | 8 | | Acts are repealed on January 1, 2020: | 9 | | The Auction License Act. | 10 | | The Community Association Manager Licensing and | 11 | | Disciplinary Act. | 12 | | The Illinois Architecture Practice Act of 1989. | 13 | | The Illinois Landscape Architecture Act of 1989. | 14 | | The Illinois Professional Land Surveyor Act of 1989. | 15 | | The Orthotics, Prosthetics, and Pedorthics Practice Act. | 16 | | The Perfusionist Practice Act.
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| 1 | | The Pharmacy Practice Act. | 2 | | The Professional Engineering Practice Act of 1989. | 3 | | The Real Estate License Act of 2000. | 4 | | The Structural Engineering Practice Act of 1989. | 5 | | (Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17; | 6 | | 100-863, eff. 8-14-18.) | 7 | | (5 ILCS 80/4.40 new) | 8 | | Sec. 4.40. Act repealed on January 1, 2030. The following | 9 | | Act is repealed on January 1, 2030: | 10 | | The Illinois Landscape Architecture Act of 1989. | 11 | | Section 10. The Illinois Landscape Architecture Act of 1989 | 12 | | is amended by changing Sections 2, 3, 4, 4.5, 5, 6, 6.5, 7, 8, | 13 | | 9, 10, 11, 11.5, 12, 15, 17, 18, 18.1, 19, 20, 22, 22.1, 23, 24, | 14 | | 25, 26, 27, 28, 30, and 31 and by adding Section 9.5 as | 15 | | follows:
| 16 | | (225 ILCS 315/2) (from Ch. 111, par. 8102)
| 17 | | (Section scheduled to be repealed on January 1, 2020)
| 18 | | Sec. 2. Short title Title . This Act may be cited as
the | 19 | | Illinois Landscape Architecture Act of 1989.
| 20 | | (Source: P.A. 86-932; 86-1475 .)
| 21 | | (225 ILCS 315/3) (from Ch. 111, par. 8103)
| 22 | | (Section scheduled to be repealed on January 1, 2020)
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| 1 | | Sec. 3. Definitions. As used in this Act:
| 2 | | (a) "Board" means the Illinois Landscape Architect | 3 | | Registration Board.
| 4 | | (b) "Department" means the Illinois Department of | 5 | | Financial and Professional Regulation.
| 6 | | (c) "Secretary" means the Secretary of Financial and | 7 | | Professional Regulation.
| 8 | | (d) "Landscape architect Architect " or " landscape | 9 | | architect design professional Landscape Architect Design | 10 | | Professional " means a person who, based on education,
| 11 | | experience, and examination in the field of landscape | 12 | | architecture, is licensed under this Act.
| 13 | | (e) "Landscape architecture Architecture " means the art | 14 | | and science of arranging land,
together with the spaces and | 15 | | objects upon it, for the purpose of creating a
safe, efficient, | 16 | | healthful, and aesthetically pleasing physical environment
for | 17 | | human use and enjoyment, as performed by landscape architects.
| 18 | | (f) "Landscape architectural practice Architectural | 19 | | Practice " means the offering or furnishing
of professional | 20 | | services in connection with a landscape architecture
project | 21 | | that do not require the seal of an architect, land surveyor, | 22 | | professional engineer, or structural engineer. Such services | 23 | | may include, but are not limited to, providing preliminary | 24 | | studies;
developing design concepts; planning for the | 25 | | relationships of physical
improvements and intended uses of the | 26 | | site; establishing form and aesthetic
elements; analyzing and |
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| 1 | | providing for life safety requirements; developing
those | 2 | | construction details on the site which are exclusive of any | 3 | | building
or structure; preparing and coordinating technical | 4 | | submissions; and
conducting site observation of a landscape | 5 | | architecture project.
| 6 | | (g) "Person" means any person, sole proprietorship, or | 7 | | entity such as a
partnership, limited liability company, | 8 | | professional service corporation, or corporation.
| 9 | | (Source: P.A. 96-730, eff. 8-25-09.)
| 10 | | (225 ILCS 315/4) (from Ch. 111, par. 8104)
| 11 | | (Section scheduled to be repealed on January 1, 2020)
| 12 | | Sec. 4. Use of title. No person may represent
himself or | 13 | | herself to be a landscape architect, use the title "landscape | 14 | | architect",
"registered landscape architect", "licensed | 15 | | landscape architect", "landscape architect design | 16 | | professional", or any other title which includes the
words | 17 | | "landscape architect" or "landscape architecture", unless | 18 | | licensed under this Act.
| 19 | | (Source: P.A. 96-730, eff. 8-25-09.)
| 20 | | (225 ILCS 315/5) (from Ch. 111, par. 8105)
| 21 | | (Section scheduled to be repealed on January 1, 2020)
| 22 | | Sec. 5. Title protection. Practice without license. No | 23 | | person shall hold himself or herself out as a landscape | 24 | | architect without being so registered by the Department. This |
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| 1 | | is title protection and not licensure by the Department. | 2 | | Nothing in this Act prevents any person from being engaged in
| 3 | | the practice of landscape architecture so long as he or she | 4 | | does not represent
himself or herself as, or use the titles of, | 5 | | "landscape architect", "registered
landscape architect", | 6 | | "licensed landscape architect", "landscape architecture", | 7 | | "landscape architect design professional", or "landscape | 8 | | architecture design professional".
| 9 | | (Source: P.A. 96-730, eff. 8-25-09.)
| 10 | | (225 ILCS 315/6) (from Ch. 111, par. 8106)
| 11 | | (Section scheduled to be repealed on January 1, 2020)
| 12 | | Sec. 6. Issuance of certificate Certificate . If Whenever an | 13 | | applicant for
licensure has complied with the provisions of | 14 | | Section 11 of this Act ,
the Department shall issue a | 15 | | certificate
of licensure to the applicant as a licensed | 16 | | landscape architect subject
to the provisions of this Act.
| 17 | | (Source: P.A. 96-730, eff. 8-25-09.)
| 18 | | (225 ILCS 315/6.5) | 19 | | (Section scheduled to be repealed on January 1, 2020) | 20 | | Sec. 6.5. Display of license; seal. | 21 | | (a) Every holder of a landscape architect license shall | 22 | | display his or her certificate of licensure in a conspicuous | 23 | | place in his or her principal office. A certificate of | 24 | | registration issued under this Act that is in good standing on |
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| 1 | | the effective date of this amendatory Act of the 96th General | 2 | | Assembly shall be deemed to be a certificate of licensure and | 3 | | the Department shall not be required to issue a new certificate | 4 | | of licensure to replace it. | 5 | | (b) Every landscape architect shall have a seal, approved | 6 | | by the Department and the Board , which shall contain the name | 7 | | of the landscape architect, the number of his or her license, | 8 | | and the legend "Landscape Architect, State of Illinois" and | 9 | | other words or figures as the Department deems necessary. | 10 | | Plans, specifications, and reports related to landscape | 11 | | architectural practice and prepared by the landscape | 12 | | architect, or under his or her supervision, shall be stamped | 13 | | with his or her seal when filed. Notwithstanding the | 14 | | requirements of this Section, an architect, land surveyor, | 15 | | professional engineer, or structural engineer shall be | 16 | | permitted to affix his or her professional seal or stamp to any | 17 | | plans, specifications, and reports prepared by or under his or | 18 | | her responsible control in connection with the incidental | 19 | | practice of landscape architecture. | 20 | | (c) A landscape architect who endorses a document with his | 21 | | or her seal while his or her license is suspended, expired, or | 22 | | has been revoked, who has been placed on probation or inactive | 23 | | status, or who endorses a document that the landscape architect | 24 | | did not actually prepare or supervise the preparation of, is | 25 | | subject to the penalties prescribed in Section 18.1.
| 26 | | (Source: P.A. 96-730, eff. 8-25-09.)
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| 1 | | (225 ILCS 315/7) (from Ch. 111, par. 8107)
| 2 | | (Section scheduled to be repealed on January 1, 2020)
| 3 | | Sec. 7. Address of record; email address of record Record . | 4 | | Every landscape
architect shall maintain a current address and | 5 | | email address with the Department.
It is the duty of every | 6 | | applicant and or licensee to inform the Department of any | 7 | | change of address or email address , and such changes must be | 8 | | made either through the Department's website or by directly | 9 | | contacting the Department.
| 10 | | (Source: P.A. 96-730, eff. 8-25-09.)
| 11 | | (225 ILCS 315/8) (from Ch. 111, par. 8108)
| 12 | | (Section scheduled to be repealed on January 1, 2020)
| 13 | | Sec. 8. Powers and duties Duties of the Department.
| 14 | | (a) The Department shall exercise the powers and duties | 15 | | prescribed by the
Civil Administrative Code of Illinois for the | 16 | | administration of licensing
acts and shall exercise such other | 17 | | powers and duties vested by this Act.
| 18 | | (b) The Department shall promulgate rules and regulations | 19 | | consistent
with the provisions of this Act for the | 20 | | administration and enforcement
thereof which shall include | 21 | | standards and criteria for licensure and
for the payment of | 22 | | fees connected therewith.
The Department shall prescribe forms | 23 | | required for the administration of this Act.
| 24 | | (c) The Department shall consult the Landscape |
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| 1 | | Architecture Board in
promulgating rules and
regulations . | 2 | | Notice of proposed rulemaking shall be transmitted to the
Board | 3 | | and the Department shall review the Board's response and any
| 4 | | recommendations made therein. The Department shall notify the | 5 | | Board in
writing of the explanation for any deviations from the | 6 | | Board's
recommendations and response.
| 7 | | (d) The Department may at any time seek the advice and the | 8 | | expert
knowledge of the Board on any matter relating to the | 9 | | administration of this Act.
| 10 | | (e) (Blank). The Department shall issue a quarterly report | 11 | | to the Board setting
forth the status of all complaints | 12 | | received by the Department related to
landscape architectural | 13 | | practice.
| 14 | | (f) The Department shall maintain membership and | 15 | | representation in the national body composed of state licensing | 16 | | and testing boards for landscape architects. | 17 | | (Source: P.A. 96-730, eff. 8-25-09.)
| 18 | | (225 ILCS 315/9) (from Ch. 111, par. 8109)
| 19 | | (Section scheduled to be repealed on January 1, 2020)
| 20 | | Sec. 9. Composition, qualification, and terms of Board.
| 21 | | (a) The Secretary shall appoint a Board consisting of 5 | 22 | | persons
who are residents of the State of Illinois and who | 23 | | shall be appointed by
and shall serve in an advisory capacity | 24 | | to the Secretary. Four persons
shall be individuals experienced | 25 | | in landscape architectural work who would
qualify upon |
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| 1 | | application to the Department under the provisions of this Act
| 2 | | to be licensed landscape architects, one of whom shall be a | 3 | | tenured member
of the landscape architecture faculty of a | 4 | | university located within this State that maintains an | 5 | | accredited school of landscape architecture and 3
of whom shall | 6 | | have engaged in landscape architectural work for at least 5
| 7 | | years. The fifth person shall be a public member, not an | 8 | | employee of the
State of Illinois, who is not licensed or | 9 | | registered under this Act or a similar Act of
another | 10 | | jurisdiction. The public member may not be elected or appointed | 11 | | as
chairperson chairman of the Board or serve in such capacity | 12 | | in any other manner.
| 13 | | (b) Members of the Board shall serve 5-year 5 year terms | 14 | | and until their
successors are appointed and qualified. No | 15 | | member shall be
reappointed to the Board for a term which would | 16 | | cause that member's
cumulative service on the Board to be | 17 | | longer than 10 years.
No member who is an initial appointment | 18 | | to the Board shall be reappointed
to the Board for a term which | 19 | | would cause that member's cumulative service
on the Board to be | 20 | | longer than 13 years. Appointments
to fill vacancies shall be | 21 | | made in the same manner as original appointments
for the | 22 | | unexpired portion of the vacated term. Initial terms shall | 23 | | begin
upon the effective date of this Act.
| 24 | | (c) The Secretary may remove any member of the Board for | 25 | | cause, which may
include without limitation a member who does | 26 | | not attend 2 consecutive
meetings.
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| 1 | | (d) The Secretary shall consider the recommendations of the | 2 | | Board on
questions involving standards of professional | 3 | | conduct, discipline, and
qualifications of applicants and | 4 | | licensees under this Act.
| 5 | | (e) Three members of the Board shall constitute a quorum. A | 6 | | quorum is required for Board decisions.
| 7 | | (f) The Board shall annually elect a chairperson and vice | 8 | | chairperson, both
of whom shall be licensed landscape | 9 | | architects.
| 10 | | (Source: P.A. 96-730, eff. 8-25-09.)
| 11 | | (225 ILCS 315/9.5 new) | 12 | | Sec. 9.5. Board immunity. Members of the Board shall have | 13 | | no liability in an action based upon disciplinary proceeding or | 14 | | other activity performed in good faith as a member of the | 15 | | Board.
| 16 | | (225 ILCS 315/10) (from Ch. 111, par. 8110)
| 17 | | (Section scheduled to be repealed on January 1, 2020)
| 18 | | Sec. 10. Application for registration Registration . An | 19 | | application for
registration shall be made to the Department in | 20 | | writing on forms or electronically as prescribed
by the | 21 | | Department and shall be accompanied by the required fee, which | 22 | | is not refundable shall
not be returnable . The application | 23 | | shall require such information as, in
the judgment of the | 24 | | Department, will enable the Department to pass on the
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| 1 | | qualifications of the applicant for registration.
| 2 | | (Source: P.A. 86-932 .)
| 3 | | (225 ILCS 315/11) (from Ch. 111, par. 8111)
| 4 | | (Section scheduled to be repealed on January 1, 2020)
| 5 | | Sec. 11. Licensure qualifications Qualifications .
| 6 | | (a) Every person applying to the Department for licensure | 7 | | shall do so
on forms approved by the Department and shall pay | 8 | | the required fee. Every
person applying to the Department for | 9 | | licensure
shall submit, with his or her application, | 10 | | satisfactory evidence that the person
holds an approved | 11 | | professional degree in landscape architecture from an
approved | 12 | | and accredited program, as such terms are defined by the rules | 13 | | and
regulations of the Department, and that he or she has had | 14 | | such practical
experience in landscape architectural work as | 15 | | shall be required by the
rules and regulations of the | 16 | | Department. Every applicant for initial licensure
must have an
| 17 | | approved professional degree.
If an applicant is qualified the | 18 | | Department shall,
by means of a written examination, examine | 19 | | the applicant on such technical
and professional subjects as | 20 | | shall be required by the rules and regulations
of the | 21 | | Department.
| 22 | | (b) The Department may exempt from such written examination | 23 | | an applicant
who holds a certificate of qualification issued by | 24 | | the National Council of
Landscape Architecture Registration | 25 | | Boards, or who holds a registration or license in
another state |
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| 1 | | or U.S. jurisdiction which has equivalent or substantially | 2 | | equivalent requirements
as the State of Illinois.
| 3 | | (c) The Department shall adopt rules determining | 4 | | requirements for practical training and
education. The | 5 | | Department may also adopt the examinations and recommended
| 6 | | grading procedures of the National
Council of Landscape | 7 | | Architectural Registration Boards and the
accreditation | 8 | | procedures of the Landscape Architectural Accrediting Board.
| 9 | | The Department shall issue a certificate of licensure to each | 10 | | applicant who satisfies
the requirements set forth in this | 11 | | Section. Such licensure shall be
effective upon issuance.
| 12 | | (d) If an applicant neglects, fails without an approved | 13 | | excuse, or
refuses to take an examination or fails to pass an | 14 | | examination to obtain a
certificate of licensure under this Act | 15 | | within 3 years after filing the
application, the application | 16 | | shall be denied. However, such applicant may
thereafter submit | 17 | | a new application accompanied by the required fee.
| 18 | | (e) For a period of 2 years after the effective date of | 19 | | this amendatory Act of the 96th General Assembly, persons | 20 | | demonstrating to the Department that they have been engaged in | 21 | | landscape architectural practice for a period of 10 years and | 22 | | have an accredited degree and license in urban or regional | 23 | | planning, architecture, or civil engineering are eligible to | 24 | | achieve licensure through examination.
| 25 | | (Source: P.A. 96-730, eff. 8-25-09.)
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| 1 | | (225 ILCS 315/11.5) | 2 | | (Section scheduled to be repealed on January 1, 2020) | 3 | | Sec. 11.5. Professional liability. | 4 | | (a) Any individual licensed under this Act as a landscape | 5 | | architect is liable for his or her negligent or willful acts, | 6 | | errors, and omissions and any shareholder, member, or partner | 7 | | of any entity that provides landscape architecture services | 8 | | through an individual licensed under this Act is liable for the | 9 | | negligent or willful acts, errors, and omissions of the | 10 | | employees, members, and partners of the entity. Eligible claims | 11 | | of liability may be covered under a qualifying policy of | 12 | | professional liability insurance, as set forth in subsection | 13 | | (b) of this Section , maintained by an individual or entity. | 14 | | (b) A qualifying policy of professional liability | 15 | | insurance must insure an individual or entity against liability | 16 | | imposed upon it by law for damages arising out of the negligent | 17 | | acts, errors, and omissions of the individual or of the | 18 | | licensed and unlicensed employees, members, and partners of the | 19 | | entity.
The policy may exclude coverage of the following: | 20 | | (1) a dishonest, fraudulent, criminal, or malicious | 21 | | act or omission of the insured individual or entity or any | 22 | | stockholder, employee, member, or partner of the insured | 23 | | entity; | 24 | | (2) the conducting of a business enterprise that is not | 25 | | landscape architectural practice by the insured individual | 26 | | or entity; |
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| 1 | | (3) the conducting of a business enterprise in which | 2 | | the insured individual or entity may be a partner or that | 3 | | may be controlled, operated, or managed by the individual | 4 | | or entity in its own or in a fiduciary capacity, including | 5 | | without limitation the ownership, maintenance, or use of | 6 | | property; | 7 | | (4) bodily injury, sickness, disease, or death of a | 8 | | person; or | 9 | | (5) damage to or destruction of tangible property owned | 10 | | by the insured individual or entity. | 11 | | The policy may include any other reasonable provisions with | 12 | | respect to policy periods, territory, claims, conditions, and | 13 | | ministerial matters.
| 14 | | (Source: P.A. 96-730, eff. 8-25-09.)
| 15 | | (225 ILCS 315/12) (from Ch. 111, par. 8112)
| 16 | | (Section scheduled to be repealed on January 1, 2020)
| 17 | | Sec. 12. Registration ; renewal; restoration , Renewal, | 18 | | Restoration .
| 19 | | (a) The expiration date and renewal period for each | 20 | | registration issued
under this Act shall be prescribed by the | 21 | | rules and regulations of the Department.
| 22 | | (b) Any person who has permitted his or her registration to | 23 | | expire or who has
had his or her registration on inactive | 24 | | status may have his or her registration restored
by applying to | 25 | | the Department, filing proof acceptable to the
Department of |
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| 1 | | his or her fitness to have the registration restored, which may
| 2 | | include sworn evidence certifying to active practice in another
| 3 | | jurisdiction satisfactory to the Department and paying the | 4 | | required restoration fee.
| 5 | | (c) If the person has not maintained an active practice in | 6 | | another
jurisdiction satisfactory to the Department, the Board | 7 | | shall
determine, by an evaluation program established by rule, | 8 | | the person's
fitness to resume active status and may
require | 9 | | the successful completion of an examination.
| 10 | | (d) However, any person whose registration has expired | 11 | | while he or she has been
engaged: (1) in Federal Service on | 12 | | active duty with the Armed Forces of the
United States or the | 13 | | State Militia called into service or training; or (2)
in | 14 | | training or education under the supervision of the United | 15 | | States
preliminary to induction into the military service, may | 16 | | have his or her
registration renewed or restored without paying | 17 | | any lapsed renewal fees if,
within 2 years after termination of | 18 | | such service, training or education
other than by dishonorable | 19 | | discharge, he or she furnishes the Department with
satisfactory | 20 | | evidence to the effect that he or she has been so engaged and | 21 | | that
the service, training , or education has been so | 22 | | terminated.
| 23 | | (e) Each application for renewal shall contain the | 24 | | signature of the landscape architect. The signature may be | 25 | | written or electronically affixed.
| 26 | | (Source: P.A. 86-932 .)
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| 1 | | (225 ILCS 315/15) (from Ch. 111, par. 8115)
| 2 | | (Section scheduled to be repealed on January 1, 2020)
| 3 | | Sec. 15. Disposition of funds. All of the fees collected | 4 | | pursuant
to this Act shall be deposited into in the General | 5 | | Professions Dedicated Fund.
| 6 | | On January 1, 2000 the State Comptroller shall transfer the | 7 | | balance of the
monies in the Landscape Architects' | 8 | | Administration and Investigation Fund into
the General | 9 | | Professions Dedicated Fund. Amounts appropriated for fiscal | 10 | | year
2000 out of the Landscape Architects' Administration and | 11 | | Investigation Fund may
be paid out of the General Professions | 12 | | Dedicated Fund.
| 13 | | The moneys monies deposited into in the General Professions | 14 | | Dedicated
Fund may be used for the expenses of the Department | 15 | | in the
administration of this Act.
| 16 | | Moneys from the Fund may also be used for direct and | 17 | | allocable indirect
costs related to the public purposes of the | 18 | | Department of Financial and Professional
Regulation. Moneys in | 19 | | the Fund may be transferred to the Professions
Indirect Cost | 20 | | Fund as authorized by Section 2105-300 of the Department
of | 21 | | Professional Regulation Law of the Civil Administrative Code of | 22 | | Illinois (20 ILCS 2105/2105-300) .
| 23 | | (Source: P.A. 96-730, eff. 8-25-09.)
| 24 | | (225 ILCS 315/17) (from Ch. 111, par. 8117)
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| 1 | | (Section scheduled to be repealed on January 1, 2020)
| 2 | | Sec. 17. Advertising. Any person licensed under this Act | 3 | | may
advertise the availability of professional services in the | 4 | | public media or
on the premises where such professional | 5 | | services are rendered if the provided that
such advertising is | 6 | | truthful and not misleading.
| 7 | | (Source: P.A. 96-730, eff. 8-25-09.)
| 8 | | (225 ILCS 315/18) (from Ch. 111, par. 8118)
| 9 | | (Section scheduled to be repealed on January 1, 2020)
| 10 | | Sec. 18. Violation; injunction; cease and desist order. | 11 | | (a) If any
person violates the
provisions of this Act, the | 12 | | Secretary may, in the name of the People of the
State of | 13 | | Illinois, through the Attorney General of the State of Illinois
| 14 | | or the State's Attorney of any county in which the action is | 15 | | brought, petition
for an order enjoining such violation and for | 16 | | an order enforcing compliance
with this Act. Upon the filing of | 17 | | a verified petition in court, the court
may issue a temporary | 18 | | restraining order, without notice or bond, and may
| 19 | | preliminarily and permanently enjoin
such violation. If it is | 20 | | established that such person has violated or
is violating the | 21 | | injunction, the court Court may punish the offender for | 22 | | contempt
of court. Proceedings under this Section shall be in | 23 | | addition to, and not
in lieu of, all other remedies and | 24 | | penalties provided in by this Act.
| 25 | | (b) (Blank). If any person shall hold himself or herself |
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| 1 | | out as a "landscape architect", "licensed landscape | 2 | | architect", or
"registered landscape architect", or use any | 3 | | other title that includes the words "landscape architect" or | 4 | | "landscape architecture" without being licensed under the
| 5 | | provisions of this Act, then any licensed landscape architect, | 6 | | any
interested party or any person injured thereby may, in | 7 | | addition to the Secretary, petition for relief as provided in | 8 | | subsection (a) of this Section.
| 9 | | (c) Whoever holds himself or herself out as a "landscape | 10 | | architect", "licensed landscape architect", or "registered
| 11 | | landscape architect", or uses any other title that includes the | 12 | | words "landscape architect" or "landscape architecture"
in | 13 | | this State without being licensed under this Act shall be | 14 | | guilty of
a Class A misdemeanor, and for each subsequent | 15 | | conviction shall be guilty
of a Class 4 felony.
| 16 | | (d) If Whenever , in the opinion of the Department, a person | 17 | | violates any
provision of this Act, the Department may issue a | 18 | | rule to show cause why an
order to cease and desist should not | 19 | | be entered against that person. The rule
shall clearly set | 20 | | forth the grounds relied upon by the Department and shall
allow | 21 | | the person at least 7 days from the date of the rule to file an | 22 | | answer
that is satisfactory
to the Department. Failure to | 23 | | answer to the satisfaction of the Department
shall cause an | 24 | | order to cease and desist to be issued.
| 25 | | (Source: P.A. 96-730, eff. 8-25-09.)
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| 1 | | (225 ILCS 315/18.1)
| 2 | | (Section scheduled to be repealed on January 1, 2020)
| 3 | | Sec. 18.1. Grounds for discipline Discipline .
| 4 | | (a) The Department may refuse to issue or to renew, or may | 5 | | revoke, suspend, place
on probation, reprimand, or take other | 6 | | disciplinary or non-disciplinary action as deemed appropriate | 7 | | including the imposition impositions of fines not to exceed | 8 | | $10,000 for
each violation, as the Department may deem proper | 9 | | with regard to any license for any one or a combination of the
| 10 | | following:
| 11 | | (1) Material misstatement in furnishing information to | 12 | | the Department or
to any other State agency.
| 13 | | (2) Negligent or intentional disregard of this Act, or | 14 | | violation of any
rules under this Act.
| 15 | | (3) Conviction of, or entry of a plea of guilty or
nolo | 16 | | contendere, finding of guilt, jury verdict, or entry of | 17 | | judgment or sentencing, including, but not limited to, | 18 | | convictions, preceding sentences of supervision, | 19 | | conditional discharge, or first offender probation under | 20 | | the laws of the United States or any state that is (i) a | 21 | | felony or (ii) a misdemeanor, an essential element of which | 22 | | is dishonesty, or any crime that is directly related to the | 23 | | practice of the profession. Conviction of or plea of guilty | 24 | | or nolo contendere to any crime under the laws of the | 25 | | United States or any
state or territory thereof that is a | 26 | | felony, or that is a misdemeanor, an
essential element of |
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| 1 | | which is dishonesty, or of any crime that is directly
| 2 | | related to the practice of the profession.
| 3 | | (4) Making any misrepresentation for the purpose of | 4 | | obtaining a license,
or violating any provision of this Act | 5 | | or its rules.
| 6 | | (5) Professional incompetence or gross negligence in | 7 | | the rendering of
landscape architectural services.
| 8 | | (6) Aiding or assisting another person in violating any | 9 | | provision of this
Act or any rules.
| 10 | | (7) Failing to provide information within 60 days in | 11 | | response to a written
request made by the Department.
| 12 | | (8) Engaging in dishonorable, unethical, or | 13 | | unprofessional conduct of a
character likely to deceive, | 14 | | defraud, or harm the public and violating the
rules of | 15 | | professional conduct adopted by the Department.
| 16 | | (9) Habitual or excessive use or addiction to alcohol, | 17 | | narcotics,
stimulants, or any other chemical agent or drug | 18 | | that results in an inability to
practice with reasonable | 19 | | skill, judgment, or safety.
| 20 | | (10) Discipline by another jurisdiction, if at least | 21 | | one of the grounds
for the discipline is the same or | 22 | | substantially equivalent to those set forth
in this | 23 | | Section.
| 24 | | (11) Directly or indirectly giving to or receiving from | 25 | | any person, firm,
corporation, partnership, or association | 26 | | any fee, commission, rebate, or other
form of compensation |
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| 1 | | for any professional service not actually rendered.
| 2 | | (12) A finding by the Board that the licensee, after | 3 | | having the license
placed on probationary status, has | 4 | | violated the terms of probation.
| 5 | | (12.5) A finding by the Board that the licensee has | 6 | | failed to pay a fine
imposed by the Department.
| 7 | | (13) Abandonment of a client.
| 8 | | (14) Willfully filing false reports relating to a | 9 | | licensee's practice,
including , but not limited to, false | 10 | | records filed with federal or State
agencies
or | 11 | | departments.
| 12 | | (15) Being named as a perpetrator in an indicated | 13 | | report by the Department
of Children and Family Services | 14 | | under the Abused and Neglected Child
Reporting Act, and | 15 | | upon proof by clear and convincing evidence that the
| 16 | | licensee has caused a child to be an abused child or | 17 | | neglected child as defined
in the Abused and Neglected | 18 | | Child Reporting Act.
| 19 | | (16) Physical or mental disability, including | 20 | | deterioration through the
aging process or loss of | 21 | | abilities and skills that results in the inability to
| 22 | | practice the profession with reasonable judgment, skill, | 23 | | or safety.
| 24 | | (17) Solicitation of professional services by using | 25 | | false or misleading
advertising.
| 26 | | (18) Failure to file a return, or to pay the tax, |
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| 1 | | penalty, or interest
shown in a filed return, or to pay any | 2 | | final assessment of tax, penalty, or
interest, as required | 3 | | by any tax Act administered by the Illinois Department of
| 4 | | Revenue or any successor agency or the Internal Revenue | 5 | | Service or any
successor agency.
| 6 | | (b) Any fines imposed under this Section shall not exceed | 7 | | $10,000 for each
violation.
| 8 | | (c) The determination by a court that a licensee is subject | 9 | | to involuntary
admission or judicial admission as provided in | 10 | | the Mental Health and
Developmental Disabilities Code will | 11 | | result in an automatic suspension of his
or her license. The | 12 | | suspension will end upon a finding by a court that the
licensee | 13 | | is no longer subject to involuntary admission or judicial | 14 | | admission,
the issuance of an order so finding and discharging | 15 | | the patient, and the
recommendation of the Board to the | 16 | | Secretary that the licensee be allowed to
resume professional | 17 | | practice.
| 18 | | (d) In enforcing this Section, the Board, upon a showing of | 19 | | a possible
violation, may compel a person licensed under this | 20 | | Act or who has
applied for licensure pursuant to this Act to | 21 | | submit to a
mental or physical examination, or both, as | 22 | | required by and at the expense of
the Department. The examining | 23 | | physicians shall be those specifically
designated by the Board. | 24 | | The Board or the Department may order the examining
physician | 25 | | to present testimony concerning this mental or physical | 26 | | examination
of the licensee or applicant. No information shall |
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| 1 | | be excluded by reason of
any common law or statutory privilege | 2 | | relating to communications between the licensee
or applicant | 3 | | and the examining physician. The person to be
examined
may
| 4 | | have, at his or her own expense, another physician of his or | 5 | | her choice present
during all aspects of the examination. | 6 | | Failure of any person to submit to a
mental or physical | 7 | | examination when directed shall be grounds for suspension
of a | 8 | | license until the person submits to the examination if the | 9 | | Board
finds,
after notice and hearing, that the refusal to | 10 | | submit to the examination was
without reasonable cause.
| 11 | | If the Board finds a person unable to practice because of | 12 | | the reasons set
forth in this Section, the Board may require | 13 | | that person to submit to care,
counseling, or treatment by | 14 | | physicians approved or designated by the Board as
a condition, | 15 | | term, or restriction for continued, reinstated, or renewed | 16 | | licensure; or, in lieu of care, counseling, or treatment, the | 17 | | Board
may recommend that the Department file a complaint to | 18 | | immediately suspend,
revoke, or otherwise discipline the | 19 | | license of the person. Any person
whose license
was granted, | 20 | | continued, reinstated, renewed, disciplined, or
supervised
| 21 | | subject to such terms, conditions, or restrictions and who | 22 | | fails to comply
with such terms, conditions, or restrictions | 23 | | shall be referred to the Secretary
for a determination as to | 24 | | whether the person shall have his or her license
suspended | 25 | | immediately, pending a hearing by the Board.
| 26 | | (Source: P.A. 96-730, eff. 8-25-09.)
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| 1 | | (225 ILCS 315/19) (from Ch. 111, par. 8119)
| 2 | | (Section scheduled to be repealed on January 1, 2020)
| 3 | | Sec. 19. Investigation; notice ; and hearing. The | 4 | | Department may investigate the actions of any applicant or of | 5 | | any person or persons holding or claiming to hold a license. | 6 | | The Department shall, before suspending, revoking, placing on | 7 | | probationary status, or taking any other disciplinary action as | 8 | | the Department may deem proper with regard to any license, at | 9 | | least 30 days prior to the date set for the hearing, notify the | 10 | | applicant or licensee in writing of any charges made and the | 11 | | time and place for a hearing of the charges before the Board, | 12 | | direct him or her to file his or her written answer thereto to | 13 | | the Board under oath within 20 days after the service on him or | 14 | | her of such notice and inform him or her that if he or she fails | 15 | | to file such answer, default will be taken against him or her | 16 | | and his or her license may be suspended, revoked, placed on | 17 | | probationary status, or have other disciplinary action, | 18 | | including limiting the scope, nature, or extent of his or her | 19 | | practice, as the Department may deem proper taken with regard | 20 | | thereto. Written or electronic notice may be served by personal | 21 | | delivery, email, or mail to the applicant or licensee at his or | 22 | | her address of record or email address of record. At the time | 23 | | and place fixed in the notice, the Department shall proceed to | 24 | | hear the charges and the parties or their counsel shall be | 25 | | accorded ample opportunity to present such statements, |
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| 1 | | testimony, evidence, and argument as may be pertinent to the | 2 | | charges or to the defense thereto. The Department may continue | 3 | | such hearing from time to time. In case the applicant or | 4 | | licensee, after receiving notice, fails to file an answer, his | 5 | | or her license may in the discretion of the Secretary, having | 6 | | received first the recommendation of the Board, be suspended, | 7 | | revoked, or placed on probationary status or the Secretary may | 8 | | take whatever disciplinary action as he or she may deem proper, | 9 | | including limiting the scope, nature, or extent of such | 10 | | person's practice, without a hearing, if the act or acts | 11 | | charged constitute sufficient grounds for such action under | 12 | | this Act. The Department may
investigate the actions or | 13 | | qualifications of any applicant or person
holding or claiming | 14 | | to hold a license. The Department
shall, before suspending or | 15 | | revoking, placing on probation, reprimanding, or
taking any | 16 | | other disciplinary action under Section 18.1 of this Act, at
| 17 | | least 30 days before the
date set for the hearing, notify the | 18 | | applicant or licensee in writing
of the nature of the
charges
| 19 | | and that a hearing will be held on the date designated. The
| 20 | | written
notice may be served by personal delivery or certified | 21 | | or registered mail
to the
applicant or licensee at the address | 22 | | of record with the Department.
The Department shall direct the | 23 | | applicant or licensee to file a written
answer with
the | 24 | | Department, under oath, within 20 days after the service of the | 25 | | notice, and
inform the person that if he or she fails to file | 26 | | an answer, his or her license
may be revoked, suspended, placed |
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| 1 | | on probation, reprimanded, or the Department
may take any other | 2 | | additional disciplinary action including the issuance of
| 3 | | fines, not to exceed $10,000 for each violation, as the | 4 | | Department may consider
necessary, without a hearing. At the | 5 | | time and place fixed in the notice, the
Board shall proceed to | 6 | | hear the charges and the parties or their counsel. All
parties | 7 | | shall
be accorded an opportunity to present any statements, | 8 | | testimony, evidence,
and arguments as may be pertinent to the | 9 | | charges or to their defense. The
Board may continue the hearing | 10 | | from time to time.
| 11 | | (Source: P.A. 96-730, eff. 8-25-09.)
| 12 | | (225 ILCS 315/20) (from Ch. 111, par. 8120)
| 13 | | (Section scheduled to be repealed on January 1, 2020)
| 14 | | Sec. 20. Record of proceedings; transcript. The | 15 | | Department, at its
expense, shall preserve a record of all | 16 | | proceedings at the formal hearing
of any case involving the | 17 | | refusal to restore, issue , or renew a license, or
the | 18 | | discipline of a licensee.
The notice of hearing, complaint , and | 19 | | all other documents in the nature of
pleadings and written | 20 | | motions filed in the proceedings, the transcript of
testimony, | 21 | | the report of the Board , and the orders of the Department shall
| 22 | | be the record of the proceedings. The Department shall furnish | 23 | | a
transcript of the record to any person interested in the | 24 | | hearing upon
payment of the fee required under Section 2105-115 | 25 | | of the
Department of Professional Regulation Law (20 ILCS |
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| 1 | | 2105/2105-115).
| 2 | | (Source: P.A. 91-239, eff. 1-1-00 .)
| 3 | | (225 ILCS 315/22) (from Ch. 111, par. 8122)
| 4 | | (Section scheduled to be repealed on January 1, 2020)
| 5 | | Sec. 22. Compelling testimony. Any
court, upon the | 6 | | application of the
Department, designated hearing officer, or | 7 | | the applicant or licensee against
whom proceedings under | 8 | | Section 18.1 of this Act are pending, may, enter an
order | 9 | | requiring the attendance of
witnesses and their testimony
and | 10 | | the production of documents, papers, files, books, and records | 11 | | in
connection with any hearing or investigation. The court
may | 12 | | compel obedience to its
order by proceedings for contempt.
| 13 | | (Source: P.A. 88-363 .)
| 14 | | (225 ILCS 315/22.1)
| 15 | | (Section scheduled to be repealed on January 1, 2020)
| 16 | | Sec. 22.1. Findings and recommendations. At the conclusion | 17 | | of the
hearing, the Board shall present to the Secretary a | 18 | | written report of its
findings of fact, conclusions of law, and | 19 | | recommendations. The report shall
contain a finding whether the | 20 | | licensee violated this Act or failed to comply
with the | 21 | | conditions required in this Act. The Board shall specify the | 22 | | nature
of the violation or failure to comply, and shall make | 23 | | its recommendations to
the Secretary.
| 24 | | The report of findings of fact, conclusions of law, and |
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| 1 | | recommendation of the
Board shall be the basis for the | 2 | | Department's order for refusal or for the
granting of the | 3 | | license. If the Secretary disagrees with the recommendations of
| 4 | | the Board, the Secretary may issue an order in contravention of | 5 | | the Board
recommendations. The Secretary shall provide a | 6 | | written report to the Board on
any disagreement and shall | 7 | | specify the reasons for the action in the final
order. The | 8 | | findings are not admissible in evidence against the person in a
| 9 | | criminal prosecution for violation of this Act, but the hearing | 10 | | and
findings are not a bar to a criminal prosecution for | 11 | | violation of
this Act.
| 12 | | (Source: P.A. 96-730, eff. 8-25-09.)
| 13 | | (225 ILCS 315/23) (from Ch. 111, par. 8123)
| 14 | | (Section scheduled to be repealed on January 1, 2020)
| 15 | | Sec. 23. Board; rehearing Rehearing . At the conclusion of
| 16 | | the hearing, a
copy of the Board's report shall be served upon | 17 | | the accused
person, either
personally or as provided in this | 18 | | Act for
the service of the notice. Within 20 days after such | 19 | | service, the
applicant or licensee may present to the | 20 | | Department
a motion in writing for a
rehearing which shall | 21 | | specify the particular grounds for rehearing. If no motion for | 22 | | a rehearing is filed, then upon the
expiration of the time | 23 | | specified for filing such a motion, or if a motion for
| 24 | | rehearing is denied, then upon the denial, the Secretary may | 25 | | enter any order in
accordance with recommendations of the |
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| 1 | | Board, except as provided in Section 120
of this Act. If the | 2 | | applicant or licensee requests and pays for a transcript
of the | 3 | | record within the time for filing a motion for rehearing, the | 4 | | 20-day
period within which a motion may be filed shall commence | 5 | | upon the delivery of
the transcript to the applicant or | 6 | | licensee.
| 7 | | If Whenever the Secretary is not satisfied that substantial | 8 | | justice has been
done, he or she may order a rehearing by the | 9 | | same or another special board. At
the expiration of the time | 10 | | specified for filing a motion for a rehearing
the Secretary has | 11 | | the right to take the action recommended by the Board.
| 12 | | (Source: P.A. 96-730, eff. 8-25-09.)
| 13 | | (225 ILCS 315/24) (from Ch. 111, par. 8124)
| 14 | | (Section scheduled to be repealed on January 1, 2020)
| 15 | | Sec. 24. Appointment of a hearing officer. The Secretary | 16 | | has the authority to appoint
any attorney licensed to practice | 17 | | law in the State of Illinois to
serve as the hearing officer in | 18 | | any action
for refusal to issue or renew a license or permit or | 19 | | to discipline a
licensee. The Secretary shall notify the Board | 20 | | of any such appointment. The
hearing
officer has full authority | 21 | | to conduct the hearing. One At least one member of
the Board | 22 | | may shall attend each hearing. The hearing officer shall report | 23 | | his or her findings of
fact, conclusions of law and | 24 | | recommendations to the Board and the Secretary.
The Board has | 25 | | 60 days from receipt of the report to review
it and present its |
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| 1 | | findings of fact,
conclusions of law and recommendations to the | 2 | | Secretary. If the Board fails
to present its report within the | 3 | | 60-day 60 day period, the Secretary shall issue an
order based | 4 | | on the report of the hearing officer. If the Secretary
| 5 | | disagrees with the recommendation of the Board
or hearing | 6 | | officer, the Secretary
may issue an order in contravention of | 7 | | the recommendation. The Secretary
shall promptly provide a
| 8 | | written explanation to the Board on any disagreement.
| 9 | | (Source: P.A. 96-730, eff. 8-25-09.)
| 10 | | (225 ILCS 315/26) (from Ch. 111, par. 8126)
| 11 | | (Section scheduled to be repealed on January 1, 2020)
| 12 | | Sec. 26. Restoration of registration from discipline | 13 | | suspended or revoked license . At any time after the successful | 14 | | completion of a term of indefinite probation, suspension, or | 15 | | revocation of a registration, the Department may restore the | 16 | | registration to active status unless, after an investigation | 17 | | and a hearing, the Secretary determines that restoration is not | 18 | | in the public interest. No person whose registration has been | 19 | | revoked as authorized in this Act may apply for restoration of | 20 | | that registration until such time as provided for in the | 21 | | Department of Professional Regulation Law of the Civil | 22 | | Administrative Code of Illinois. At any time after the
| 23 | | suspension or revocation of any license, the
Department may | 24 | | restore it to the licensee
upon the written recommendation of | 25 | | the Board, unless after an investigation
and hearing the Board |
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| 1 | | determines that restoration is not in the public
interest.
| 2 | | (Source: P.A. 88-363 .)
| 3 | | (225 ILCS 315/27) (from Ch. 111, par. 8127)
| 4 | | (Section scheduled to be repealed on January 1, 2020)
| 5 | | Sec. 27. Surrender of certificate of registration license . | 6 | | Upon the revocation or suspension of a certificate of | 7 | | registration, the registrant shall immediately surrender the | 8 | | certificate of registration to the Department. If the | 9 | | registrant fails to do so, the Department shall have the right | 10 | | to seize the certificate of registration. Upon the revocation | 11 | | or suspension
of any license, the licensee shall immediately | 12 | | surrender his or her
license to the Department. If the licensee | 13 | | fails to do so, the
Department has the right to seize the | 14 | | license.
| 15 | | (Source: P.A. 88-363 .)
| 16 | | (225 ILCS 315/28) (from Ch. 111, par. 8128)
| 17 | | (Section scheduled to be repealed on January 1, 2020)
| 18 | | Sec. 28. Summary suspension of a license . The Secretary may | 19 | | summarily suspend the registration of a landscape architect | 20 | | without a hearing, simultaneously with the institution of | 21 | | proceedings for a hearing provided for in Section 19, if the | 22 | | Secretary finds that evidence indicates that continuation in | 23 | | practice would constitute an imminent danger to the public. If | 24 | | the Secretary summarily suspends a registration without a |
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| 1 | | hearing, a hearing by the Department shall be commenced within | 2 | | 30 days after the suspension has occurred and shall be | 3 | | concluded as expeditiously as possible. The Secretary
may
| 4 | | summarily suspend the license of a landscape
architect without | 5 | | a hearing,
simultaneously with the institution of proceedings | 6 | | for a hearing provided
for in Section 24 of this Act , if the | 7 | | Secretary finds that evidence in the
possession of the | 8 | | Secretary indicates that the
continuation in practice by the | 9 | | landscape architect would
constitute an imminent danger to the | 10 | | public. In the event that the Secretary
temporarily suspends | 11 | | the license of an individual
without a
hearing, a hearing must | 12 | | be held within 30 days after such
suspension has occurred.
| 13 | | (Source: P.A. 96-730, eff. 8-25-09.)
| 14 | | (225 ILCS 315/30) (from Ch. 111, par. 8130)
| 15 | | (Section scheduled to be repealed on January 1, 2020)
| 16 | | Sec. 30. Certification of record; costs. The Department | 17 | | shall not be required to certify a record to the court or file | 18 | | an answer in court or otherwise appear in a court in a judicial | 19 | | review proceeding, unless and until the Department has received | 20 | | from the plaintiff payment of the costs of furnishing and | 21 | | certifying the record, which costs shall be determined by the | 22 | | Department. Exhibits shall be certified without cost. Failure | 23 | | on the part of the plaintiff to file a receipt in court shall | 24 | | be grounds for dismissal of the action. The Department shall | 25 | | not be
required to certify any
record to the court or file an |
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| 1 | | answer in court, or to
otherwise appear in any
court in a | 2 | | judicial review proceeding, unless there is filed in the court | 3 | | with
the
complaint a receipt from the Department acknowledging | 4 | | payment of the costs
of furnishing and certifying the record. | 5 | | Failure on the part of the
plaintiff to file such receipt in | 6 | | court shall be grounds for dismissal of the
action.
| 7 | | (Source: P.A. 88-363 .)
| 8 | | (225 ILCS 315/31) (from Ch. 111, par. 8131)
| 9 | | (Section scheduled to be repealed on January 1, 2020)
| 10 | | Sec. 31. Illinois Administrative Procedure Act. The | 11 | | Illinois Administrative
Procedure Act is hereby expressly | 12 | | adopted and incorporated herein as if all of
the provisions of | 13 | | that Act were included in this Act, except that the provision
| 14 | | of subsection (d) of Section 10-65 of the Illinois | 15 | | Administrative Procedure Act
that provides that at hearings the | 16 | | licensee has the right to show compliance
with all lawful | 17 | | requirements for retention, continuation or renewal of the
| 18 | | license is specifically excluded. For the purposes of this Act , | 19 | | the notice
required under Section 10-25 of the Illinois | 20 | | Administrative Procedure Act is
deemed sufficient when mailed | 21 | | to the address of record of a party.
| 22 | | (Source: P.A. 96-730, eff. 8-25-09.)
| 23 | | (225 ILCS 315/16 rep.) | 24 | | Section 15. The Illinois Landscape Architecture Act of 1989 |
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| 1 | | is amended by repealing Section 16. | 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.".
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