Sen. Martin A. Sandoval

Filed: 3/29/2019





10100SB0653sam001LRB101 04246 AMC 58459 a


2    AMENDMENT NO. ______. Amend Senate Bill 653 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Regulatory Sunset Act is amended by
5changing 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 Acts repealed on January 1, 2020.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
8Acts are repealed on January 1, 2020:
9    The Auction License Act.
10    The Community Association Manager Licensing and
11Disciplinary 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.



10100SB0653sam001- 2 -LRB101 04246 AMC 58459 a

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;
6100-863, eff. 8-14-18.)
7    (5 ILCS 80/4.40 new)
8    Sec. 4.40. Act repealed on January 1, 2030. The following
9Act is repealed on January 1, 2030:
10    The Illinois Landscape Architecture Act of 1989.
11    Section 10. The Illinois Landscape Architecture Act of 1989
12is amended by changing Sections 2, 3, 4, 5, 6, 6.5, 7, 8, 9, 10,
1311, 11.5, 12, 15, 17, 18, 18.1, 19, 20, 22, 22.1, 23, 24, 26,
1427, 28, 30, and 31 and by adding Section 9.5 as follows:
15    (225 ILCS 315/2)  (from Ch. 111, par. 8102)
16    (Section scheduled to be repealed on January 1, 2020)
17    Sec. 2. Short title Title. This Act may be cited as the
18Illinois Landscape Architecture Act of 1989.
19(Source: P.A. 86-932; 86-1475.)
20    (225 ILCS 315/3)  (from Ch. 111, par. 8103)
21    (Section scheduled to be repealed on January 1, 2020)
22    Sec. 3. Definitions. As used in this Act:



10100SB0653sam001- 3 -LRB101 04246 AMC 58459 a

1    (a) "Board" means the Illinois Landscape Architect
2Registration Board.
3    (b) "Department" means the Illinois Department of
4Financial and Professional Regulation.
5    (c) "Secretary" means the Secretary of Financial and
6Professional Regulation.
7    (d) "Landscape architect Architect" or "landscape
8architect design professional Landscape Architect Design
9Professional" means a person who, based on education,
10experience, and examination in the field of landscape
11architecture, is licensed under this Act.
12    (e) "Landscape architecture Architecture" means the art
13and science of arranging land, together with the spaces and
14objects upon it, for the purpose of creating a safe, efficient,
15healthful, and aesthetically pleasing physical environment for
16human use and enjoyment, as performed by landscape architects.
17    (f) "Landscape architectural practice Architectural
18Practice" means the offering or furnishing of professional
19services in connection with a landscape architecture project
20that do not require the seal of an architect, land surveyor,
21professional engineer, or structural engineer. Such services
22may include, but are not limited to, providing preliminary
23studies; developing design concepts; planning for the
24relationships of physical improvements and intended uses of the
25site; establishing form and aesthetic elements; analyzing and
26providing for life safety requirements; developing those



10100SB0653sam001- 4 -LRB101 04246 AMC 58459 a

1construction details on the site which are exclusive of any
2building or structure; preparing and coordinating technical
3submissions; and conducting site observation of a landscape
4architecture project.
5    (g) "Person" means any person, sole proprietorship, or
6entity such as a partnership, limited liability company,
7professional service corporation, or corporation.
8(Source: P.A. 96-730, eff. 8-25-09.)
9    (225 ILCS 315/4)  (from Ch. 111, par. 8104)
10    (Section scheduled to be repealed on January 1, 2020)
11    Sec. 4. Use of title. No person may represent himself or
12herself to be a landscape architect, use the title "landscape
13architect", "registered landscape architect", "licensed
14landscape architect", "landscape architect design
15professional", or any other title which includes the words
16"landscape architect" or "landscape architecture", unless
17licensed under this Act.
18(Source: P.A. 96-730, eff. 8-25-09.)
19    (225 ILCS 315/5)  (from Ch. 111, par. 8105)
20    (Section scheduled to be repealed on January 1, 2020)
21    Sec. 5. Title protection. Practice without license. No
22person shall hold himself or herself out as a landscape
23architect without being so registered by the Department. This
24is title protection and not licensure by the Department.



10100SB0653sam001- 5 -LRB101 04246 AMC 58459 a

1Nothing in this Act prevents any person from being engaged in
2the practice of landscape architecture so long as he or she
3does not represent himself or herself as, or use the titles of,
4"landscape architect", "registered landscape architect",
5"licensed landscape architect", "landscape architecture",
6"landscape architect design professional", or "landscape
7architecture design professional".
8(Source: P.A. 96-730, eff. 8-25-09.)
9    (225 ILCS 315/6)  (from Ch. 111, par. 8106)
10    (Section scheduled to be repealed on January 1, 2020)
11    Sec. 6. Issuance of certificate Certificate. If Whenever an
12applicant for licensure has complied with the provisions of
13Section 11 of this Act, the Department shall issue a
14certificate of licensure to the applicant as a licensed
15landscape architect subject to the provisions of this Act.
16(Source: P.A. 96-730, eff. 8-25-09.)
17    (225 ILCS 315/6.5)
18    (Section scheduled to be repealed on January 1, 2020)
19    Sec. 6.5. Display of license; seal.
20    (a) Every holder of a landscape architect license shall
21display his or her certificate of licensure in a conspicuous
22place in his or her principal office. A certificate of
23registration issued under this Act that is in good standing on
24the effective date of this amendatory Act of the 96th General



10100SB0653sam001- 6 -LRB101 04246 AMC 58459 a

1Assembly shall be deemed to be a certificate of licensure and
2the Department shall not be required to issue a new certificate
3of licensure to replace it.
4    (b) Every landscape architect shall have a seal, approved
5by the Department and the Board, which shall contain the name
6of the landscape architect, the number of his or her license,
7and the legend "Landscape Architect, State of Illinois" and
8other words or figures as the Department deems necessary.
9Plans, specifications, and reports related to landscape
10architectural practice and prepared by the landscape
11architect, or under his or her supervision, shall be stamped
12with his or her seal when filed. Notwithstanding the
13requirements of this Section, an architect, land surveyor,
14professional engineer, or structural engineer shall be
15permitted to affix his or her professional seal or stamp to any
16plans, specifications, and reports prepared by or under his or
17her responsible control in connection with the incidental
18practice of landscape architecture.
19    (c) A landscape architect who endorses a document with his
20or her seal while his or her license is suspended, expired, or
21has been revoked, who has been placed on probation or inactive
22status, or who endorses a document that the landscape architect
23did not actually prepare or supervise the preparation of, is
24subject to the penalties prescribed in Section 18.1.
25(Source: P.A. 96-730, eff. 8-25-09.)



10100SB0653sam001- 7 -LRB101 04246 AMC 58459 a

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.
4Every landscape architect shall maintain a current address and
5email address with the Department. It is the duty of every
6applicant and or licensee to inform the Department of any
7change of address or email address, and such changes must be
8made either through the Department's website or by directly
9contacting 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
15prescribed by the Civil Administrative Code of Illinois for the
16administration of licensing acts and shall exercise such other
17powers and duties vested by this Act.
18    (b) The Department shall promulgate rules and regulations
19consistent with the provisions of this Act for the
20administration and enforcement thereof which shall include
21standards and criteria for licensure and for the payment of
22fees connected therewith. The Department shall prescribe forms
23required for the administration of this Act.
24    (c) The Department shall consult the Landscape
25Architecture Board in promulgating rules and regulations.



10100SB0653sam001- 8 -LRB101 04246 AMC 58459 a

1Notice of proposed rulemaking shall be transmitted to the Board
2and the Department shall review the Board's response and any
3recommendations made therein. The Department shall notify the
4Board in writing of the explanation for any deviations from the
5Board's recommendations and response.
6    (d) The Department may at any time seek the advice and the
7expert knowledge of the Board on any matter relating to the
8administration of this Act.
9    (e) (Blank). The Department shall issue a quarterly report
10to the Board setting forth the status of all complaints
11received by the Department related to landscape architectural
13    (f) The Department shall maintain membership and
14representation in the national body composed of state licensing
15and testing boards for landscape architects.
16(Source: P.A. 96-730, eff. 8-25-09.)
17    (225 ILCS 315/9)  (from Ch. 111, par. 8109)
18    (Section scheduled to be repealed on January 1, 2020)
19    Sec. 9. Composition, qualification, and terms of Board.
20    (a) The Secretary shall appoint a Board consisting of 5
21persons who are residents of the State of Illinois and who
22shall be appointed by and shall serve in an advisory capacity
23to the Secretary. Four persons shall be individuals experienced
24in landscape architectural work who would qualify upon
25application to the Department under the provisions of this Act



10100SB0653sam001- 9 -LRB101 04246 AMC 58459 a

1to be licensed landscape architects, one of whom shall be a
2tenured member of the landscape architecture faculty of a
3university located within this State that maintains an
4accredited school of landscape architecture and 3 of whom shall
5have engaged in landscape architectural work for at least 5
6years. The fifth person shall be a public member, not an
7employee of the State of Illinois, who is not licensed or
8registered under this Act or a similar Act of another
9jurisdiction. The public member may not be elected or appointed
10as chairperson chairman of the Board or serve in such capacity
11in any other manner.
12    (b) Members of the Board shall serve 5-year 5 year terms
13and until their successors are appointed and qualified. No
14member shall be reappointed to the Board for a term which would
15cause that member's cumulative service on the Board to be
16longer than 10 years. No member who is an initial appointment
17to the Board shall be reappointed to the Board for a term which
18would cause that member's cumulative service on the Board to be
19longer than 13 years. Appointments to fill vacancies shall be
20made in the same manner as original appointments for the
21unexpired portion of the vacated term. Initial terms shall
22begin upon the effective date of this Act.
23    (c) The Secretary may remove any member of the Board for
24cause, which may include without limitation a member who does
25not attend 2 consecutive meetings.
26    (d) The Secretary shall consider the recommendations of the



10100SB0653sam001- 10 -LRB101 04246 AMC 58459 a

1Board on questions involving standards of professional
2conduct, discipline, and qualifications of applicants and
3licensees under this Act.
4    (e) Three members of the Board shall constitute a quorum. A
5quorum is required for Board decisions.
6    (f) The Board shall annually elect a chairperson and vice
7chairperson, both of whom shall be licensed landscape
9(Source: P.A. 96-730, eff. 8-25-09.)
10    (225 ILCS 315/9.5 new)
11    Sec. 9.5. Board immunity. Members of the Board shall have
12no liability in an action based upon disciplinary proceeding or
13other activity performed in good faith as a member of the
15    (225 ILCS 315/10)  (from Ch. 111, par. 8110)
16    (Section scheduled to be repealed on January 1, 2020)
17    Sec. 10. Application for registration Registration. An
18application for registration shall be made to the Department in
19writing on forms or electronically as prescribed by the
20Department and shall be accompanied by the required fee, which
21is not refundable shall not be returnable. The application
22shall require such information as, in the judgment of the
23Department, will enable the Department to pass on the
24qualifications of the applicant for registration.



10100SB0653sam001- 11 -LRB101 04246 AMC 58459 a

1(Source: P.A. 86-932.)
2    (225 ILCS 315/11)  (from Ch. 111, par. 8111)
3    (Section scheduled to be repealed on January 1, 2020)
4    Sec. 11. Licensure qualifications Qualifications.
5    (a) Every person applying to the Department for licensure
6shall do so on forms approved by the Department and shall pay
7the required fee. Every person applying to the Department for
8licensure shall submit, with his or her application,
9satisfactory evidence that the person holds an approved
10professional degree in landscape architecture from an approved
11and accredited program, as such terms are defined by the rules
12and regulations of the Department, and that he or she has had
13such practical experience in landscape architectural work as
14shall be required by the rules and regulations of the
15Department. Every applicant for initial licensure must have an
16approved professional degree. If an applicant is qualified the
17Department shall, by means of a written examination, examine
18the applicant on such technical and professional subjects as
19shall be required by the rules and regulations of the
21    (b) The Department may exempt from such written examination
22an applicant who holds a certificate of qualification issued by
23the National Council of Landscape Architecture Registration
24Boards, or who holds a registration or license in another state
25or U.S. jurisdiction which has equivalent or substantially



10100SB0653sam001- 12 -LRB101 04246 AMC 58459 a

1equivalent requirements as the State of Illinois.
2    (c) The Department shall adopt rules determining
3requirements for practical training and education. The
4Department may also adopt the examinations and recommended
5grading procedures of the National Council of Landscape
6Architectural Registration Boards and the accreditation
7procedures of the Landscape Architectural Accrediting Board.
8The Department shall issue a certificate of licensure to each
9applicant who satisfies the requirements set forth in this
10Section. Such licensure shall be effective upon issuance.
11    (d) If an applicant neglects, fails without an approved
12excuse, or refuses to take an examination or fails to pass an
13examination to obtain a certificate of licensure under this Act
14within 3 years after filing the application, the application
15shall be denied. However, such applicant may thereafter submit
16a new application accompanied by the required fee.
17    (e) For a period of 2 years after the effective date of
18this amendatory Act of the 96th General Assembly, persons
19demonstrating to the Department that they have been engaged in
20landscape architectural practice for a period of 10 years and
21have an accredited degree and license in urban or regional
22planning, architecture, or civil engineering are eligible to
23achieve licensure through examination.
24(Source: P.A. 96-730, eff. 8-25-09.)
25    (225 ILCS 315/11.5)



10100SB0653sam001- 13 -LRB101 04246 AMC 58459 a

1    (Section scheduled to be repealed on January 1, 2020)
2    Sec. 11.5. Professional liability.
3    (a) Any individual licensed under this Act as a landscape
4architect is liable for his or her negligent or willful acts,
5errors, and omissions and any shareholder, member, or partner
6of any entity that provides landscape architecture services
7through an individual licensed under this Act is liable for the
8negligent or willful acts, errors, and omissions of the
9employees, members, and partners of the entity. Eligible claims
10of liability may be covered under a qualifying policy of
11professional liability insurance, as set forth in subsection
12(b) of this Section, maintained by an individual or entity.
13    (b) A qualifying policy of professional liability
14insurance must insure an individual or entity against liability
15imposed upon it by law for damages arising out of the negligent
16acts, errors, and omissions of the individual or of the
17licensed and unlicensed employees, members, and partners of the
18entity. The policy may exclude coverage of the following:
19        (1) a dishonest, fraudulent, criminal, or malicious
20    act or omission of the insured individual or entity or any
21    stockholder, employee, member, or partner of the insured
22    entity;
23        (2) the conducting of a business enterprise that is not
24    landscape architectural practice by the insured individual
25    or entity;
26        (3) the conducting of a business enterprise in which



10100SB0653sam001- 14 -LRB101 04246 AMC 58459 a

1    the insured individual or entity may be a partner or that
2    may be controlled, operated, or managed by the individual
3    or entity in its own or in a fiduciary capacity, including
4    without limitation the ownership, maintenance, or use of
5    property;
6        (4) bodily injury, sickness, disease, or death of a
7    person; or
8        (5) damage to or destruction of tangible property owned
9    by the insured individual or entity.
10The policy may include any other reasonable provisions with
11respect to policy periods, territory, claims, conditions, and
12ministerial matters.
13(Source: P.A. 96-730, eff. 8-25-09.)
14    (225 ILCS 315/12)  (from Ch. 111, par. 8112)
15    (Section scheduled to be repealed on January 1, 2020)
16    Sec. 12. Registration; renewal; restoration , Renewal,
18    (a) The expiration date and renewal period for each
19registration issued under this Act shall be prescribed by the
20rules and regulations of the Department.
21    (b) Any person who has permitted his or her registration to
22expire or who has had his or her registration on inactive
23status may have his or her registration restored by applying to
24the Department, filing proof acceptable to the Department of
25his or her fitness to have the registration restored, which may



10100SB0653sam001- 15 -LRB101 04246 AMC 58459 a

1include sworn evidence certifying to active practice in another
2jurisdiction satisfactory to the Department and paying the
3required restoration fee.
4    (c) If the person has not maintained an active practice in
5another jurisdiction satisfactory to the Department, the Board
6shall determine, by an evaluation program established by rule,
7the person's fitness to resume active status and may require
8the successful completion of an examination.
9    (d) However, any person whose registration has expired
10while he or she has been engaged: (1) in Federal Service on
11active duty with the Armed Forces of the United States or the
12State Militia called into service or training; or (2) in
13training or education under the supervision of the United
14States preliminary to induction into the military service, may
15have his or her registration renewed or restored without paying
16any lapsed renewal fees if, within 2 years after termination of
17such service, training or education other than by dishonorable
18discharge, he or she furnishes the Department with satisfactory
19evidence to the effect that he or she has been so engaged and
20that the service, training, or education has been so
22    (e) Each application for renewal shall contain the
23signature of the landscape architect. The signature may be
24written or electronically affixed.
25(Source: P.A. 86-932.)



10100SB0653sam001- 16 -LRB101 04246 AMC 58459 a

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
4pursuant to this Act shall be deposited into in the General
5Professions Dedicated Fund.
6    On January 1, 2000 the State Comptroller shall transfer the
7balance of the monies in the Landscape Architects'
8Administration and Investigation Fund into the General
9Professions Dedicated Fund. Amounts appropriated for fiscal
10year 2000 out of the Landscape Architects' Administration and
11Investigation Fund may be paid out of the General Professions
12Dedicated Fund.
13    The moneys monies deposited into in the General Professions
14Dedicated Fund may be used for the expenses of the Department
15in the administration of this Act.
16    Moneys from the Fund may also be used for direct and
17allocable indirect costs related to the public purposes of the
18Department of Financial and Professional Regulation. Moneys in
19the Fund may be transferred to the Professions Indirect Cost
20Fund as authorized by Section 2105-300 of the Department of
21Professional Regulation Law of the Civil Administrative Code of
22Illinois (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)
25    (Section scheduled to be repealed on January 1, 2020)



10100SB0653sam001- 17 -LRB101 04246 AMC 58459 a

1    Sec. 17. Advertising. Any person licensed under this Act
2may advertise the availability of professional services in the
3public media or on the premises where such professional
4services are rendered if the provided that such advertising is
5truthful and not misleading.
6(Source: P.A. 96-730, eff. 8-25-09.)
7    (225 ILCS 315/18)  (from Ch. 111, par. 8118)
8    (Section scheduled to be repealed on January 1, 2020)
9    Sec. 18. Violation; injunction; cease and desist order.
10    (a) If any person violates the provisions of this Act, the
11Secretary may, in the name of the People of the State of
12Illinois, through the Attorney General of the State of Illinois
13or the State's Attorney of any county in which the action is
14brought, petition for an order enjoining such violation and for
15an order enforcing compliance with this Act. Upon the filing of
16a verified petition in court, the court may issue a temporary
17restraining order, without notice or bond, and may
18preliminarily and permanently enjoin such violation. If it is
19established that such person has violated or is violating the
20injunction, the court Court may punish the offender for
21contempt of court. Proceedings under this Section shall be in
22addition to, and not in lieu of, all other remedies and
23penalties provided in by this Act.
24    (b) (Blank). If any person shall hold himself or herself
25out as a "landscape architect", "licensed landscape



10100SB0653sam001- 18 -LRB101 04246 AMC 58459 a

1architect", or "registered landscape architect", or use any
2other title that includes the words "landscape architect" or
3"landscape architecture" without being licensed under the
4provisions of this Act, then any licensed landscape architect,
5any interested party or any person injured thereby may, in
6addition to the Secretary, petition for relief as provided in
7subsection (a) of this Section.
8    (c) Whoever holds himself or herself out as a "landscape
9architect", "licensed landscape architect", or "registered
10landscape architect", or uses any other title that includes the
11words "landscape architect" or "landscape architecture" in
12this State without being licensed under this Act shall be
13guilty of a Class A misdemeanor, and for each subsequent
14conviction shall be guilty of a Class 4 felony.
15    (d) If Whenever, in the opinion of the Department, a person
16violates any provision of this Act, the Department may issue a
17rule to show cause why an order to cease and desist should not
18be entered against that person. The rule shall clearly set
19forth the grounds relied upon by the Department and shall allow
20the person at least 7 days from the date of the rule to file an
21answer that is satisfactory to the Department. Failure to
22answer to the satisfaction of the Department shall cause an
23order to cease and desist to be issued.
24(Source: P.A. 96-730, eff. 8-25-09.)
25    (225 ILCS 315/18.1)



10100SB0653sam001- 19 -LRB101 04246 AMC 58459 a

1    (Section scheduled to be repealed on January 1, 2020)
2    Sec. 18.1. Grounds for discipline Discipline.
3    (a) The Department may refuse to issue or to renew, or may
4revoke, suspend, place on probation, reprimand, or take other
5disciplinary or non-disciplinary action as deemed appropriate
6including the imposition impositions of fines not to exceed
7$10,000 for each violation, as the Department may deem proper
8with regard to any license for any one or a combination of the
10        (1) Material misstatement in furnishing information to
11    the Department or to any other State agency.
12        (2) Negligent or intentional disregard of this Act, or
13    violation of any rules under this Act.
14        (3) Conviction of, or entry of a plea of guilty or nolo
15    contendere, finding of guilt, jury verdict, or entry of
16    judgment or sentencing, including, but not limited to,
17    convictions, preceding sentences of supervision,
18    conditional discharge, or first offender probation under
19    the laws of the United States or any state that is (i) a
20    felony or (ii) a misdemeanor, an essential element of which
21    is dishonesty, or any crime that is directly related to the
22    practice of the profession. Conviction of or plea of guilty
23    or nolo contendere to any crime under the laws of the
24    United States or any state or territory thereof that is a
25    felony, or that is a misdemeanor, an essential element of
26    which is dishonesty, or of any crime that is directly



10100SB0653sam001- 20 -LRB101 04246 AMC 58459 a

1    related to the practice of the profession.
2        (4) Making any misrepresentation for the purpose of
3    obtaining a license, or violating any provision of this Act
4    or its rules.
5        (5) Professional incompetence or gross negligence in
6    the rendering of landscape architectural services.
7        (6) Aiding or assisting another person in violating any
8    provision of this Act or any rules.
9        (7) Failing to provide information within 60 days in
10    response to a written request made by the Department.
11        (8) Engaging in dishonorable, unethical, or
12    unprofessional conduct of a character likely to deceive,
13    defraud, or harm the public and violating the rules of
14    professional conduct adopted by the Department.
15        (9) Habitual or excessive use or addiction to alcohol,
16    narcotics, stimulants, or any other chemical agent or drug
17    that results in an inability to practice with reasonable
18    skill, judgment, or safety.
19        (10) Discipline by another jurisdiction, if at least
20    one of the grounds for the discipline is the same or
21    substantially equivalent to those set forth in this
22    Section.
23        (11) Directly or indirectly giving to or receiving from
24    any person, firm, corporation, partnership, or association
25    any fee, commission, rebate, or other form of compensation
26    for any professional service not actually rendered.



10100SB0653sam001- 21 -LRB101 04246 AMC 58459 a

1        (12) A finding by the Board that the licensee, after
2    having the license placed on probationary status, has
3    violated the terms of probation.
4        (12.5) A finding by the Board that the licensee has
5    failed to pay a fine imposed by the Department.
6        (13) Abandonment of a client.
7        (14) Willfully filing false reports relating to a
8    licensee's practice, including, but not limited to, false
9    records filed with federal or State agencies or
10    departments.
11        (15) Being named as a perpetrator in an indicated
12    report by the Department of Children and Family Services
13    under the Abused and Neglected Child Reporting Act, and
14    upon proof by clear and convincing evidence that the
15    licensee has caused a child to be an abused child or
16    neglected child as defined in the Abused and Neglected
17    Child Reporting Act.
18        (16) Physical or mental disability, including
19    deterioration through the aging process or loss of
20    abilities and skills that results in the inability to
21    practice the profession with reasonable judgment, skill,
22    or safety.
23        (17) Solicitation of professional services by using
24    false or misleading advertising.
25        (18) Failure to file a return, or to pay the tax,
26    penalty, or interest shown in a filed return, or to pay any



10100SB0653sam001- 22 -LRB101 04246 AMC 58459 a

1    final assessment of tax, penalty, or interest, as required
2    by any tax Act administered by the Illinois Department of
3    Revenue or any successor agency or the Internal Revenue
4    Service or any successor agency.
5    (b) Any fines imposed under this Section shall not exceed
6$10,000 for each violation.
7    (c) The determination by a court that a licensee is subject
8to involuntary admission or judicial admission as provided in
9the Mental Health and Developmental Disabilities Code will
10result in an automatic suspension of his or her license. The
11suspension will end upon a finding by a court that the licensee
12is no longer subject to involuntary admission or judicial
13admission, the issuance of an order so finding and discharging
14the patient, and the recommendation of the Board to the
15Secretary that the licensee be allowed to resume professional
17    (d) In enforcing this Section, the Board, upon a showing of
18a possible violation, may compel a person licensed under this
19Act or who has applied for licensure pursuant to this Act to
20submit to a mental or physical examination, or both, as
21required by and at the expense of the Department. The examining
22physicians shall be those specifically designated by the Board.
23The Board or the Department may order the examining physician
24to present testimony concerning this mental or physical
25examination of the licensee or applicant. No information shall
26be excluded by reason of any common law or statutory privilege



10100SB0653sam001- 23 -LRB101 04246 AMC 58459 a

1relating to communications between the licensee or applicant
2and the examining physician. The person to be examined may
3have, at his or her own expense, another physician of his or
4her choice present during all aspects of the examination.
5Failure of any person to submit to a mental or physical
6examination when directed shall be grounds for suspension of a
7license until the person submits to the examination if the
8Board finds, after notice and hearing, that the refusal to
9submit to the examination was without reasonable cause.
10    If the Board finds a person unable to practice because of
11the reasons set forth in this Section, the Board may require
12that person to submit to care, counseling, or treatment by
13physicians approved or designated by the Board as a condition,
14term, or restriction for continued, reinstated, or renewed
15licensure; or, in lieu of care, counseling, or treatment, the
16Board may recommend that the Department file a complaint to
17immediately suspend, revoke, or otherwise discipline the
18license of the person. Any person whose license was granted,
19continued, reinstated, renewed, disciplined, or supervised
20subject to such terms, conditions, or restrictions and who
21fails to comply with such terms, conditions, or restrictions
22shall be referred to the Secretary for a determination as to
23whether the person shall have his or her license suspended
24immediately, pending a hearing by the Board.
25(Source: P.A. 96-730, eff. 8-25-09.)



10100SB0653sam001- 24 -LRB101 04246 AMC 58459 a

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



10100SB0653sam001- 25 -LRB101 04246 AMC 58459 a

1charges or to the defense thereto. The Department may continue
2such hearing from time to time. In case the applicant or
3licensee, after receiving notice, fails to file an answer, his
4or her license may in the discretion of the Secretary, having
5received first the recommendation of the Board, be suspended,
6revoked, or placed on probationary status or the Secretary may
7take whatever disciplinary action as he or she may deem proper,
8including limiting the scope, nature, or extent of such
9person's practice, without a hearing, if the act or acts
10charged constitute sufficient grounds for such action under
11this Act. The Department may investigate the actions or
12qualifications of any applicant or person holding or claiming
13to hold a license. The Department shall, before suspending or
14revoking, placing on probation, reprimanding, or taking any
15other disciplinary action under Section 18.1 of this Act, at
16least 30 days before the date set for the hearing, notify the
17applicant or licensee in writing of the nature of the charges
18and that a hearing will be held on the date designated. The
19written notice may be served by personal delivery or certified
20or registered mail to the applicant or licensee at the address
21of record with the Department. The Department shall direct the
22applicant or licensee to file a written answer with the
23Department, under oath, within 20 days after the service of the
24notice, and inform the person that if he or she fails to file
25an answer, his or her license may be revoked, suspended, placed
26on probation, reprimanded, or the Department may take any other



10100SB0653sam001- 26 -LRB101 04246 AMC 58459 a

1additional disciplinary action including the issuance of
2fines, not to exceed $10,000 for each violation, as the
3Department may consider necessary, without a hearing. At the
4time and place fixed in the notice, the Board shall proceed to
5hear the charges and the parties or their counsel. All parties
6shall be accorded an opportunity to present any statements,
7testimony, evidence, and arguments as may be pertinent to the
8charges or to their defense. The Board may continue the hearing
9from time to time.
10(Source: P.A. 96-730, eff. 8-25-09.)
11    (225 ILCS 315/20)  (from Ch. 111, par. 8120)
12    (Section scheduled to be repealed on January 1, 2020)
13    Sec. 20. Record of proceedings; transcript. The
14Department, at its expense, shall preserve a record of all
15proceedings at the formal hearing of any case involving the
16refusal to restore, issue, or renew a license, or the
17discipline of a licensee. The notice of hearing, complaint, and
18all other documents in the nature of pleadings and written
19motions filed in the proceedings, the transcript of testimony,
20the report of the Board, and the orders of the Department shall
21be the record of the proceedings. The Department shall furnish
22a transcript of the record to any person interested in the
23hearing upon payment of the fee required under Section 2105-115
24of the Department of Professional Regulation Law (20 ILCS



10100SB0653sam001- 27 -LRB101 04246 AMC 58459 a

1(Source: P.A. 91-239, eff. 1-1-00.)
2    (225 ILCS 315/22)  (from Ch. 111, par. 8122)
3    (Section scheduled to be repealed on January 1, 2020)
4    Sec. 22. Compelling testimony. Any court, upon the
5application of the Department, designated hearing officer, or
6the applicant or licensee against whom proceedings under
7Section 18.1 of this Act are pending, may, enter an order
8requiring the attendance of witnesses and their testimony and
9the production of documents, papers, files, books, and records
10in connection with any hearing or investigation. The court may
11compel obedience to its order by proceedings for contempt.
12(Source: P.A. 88-363.)
13    (225 ILCS 315/22.1)
14    (Section scheduled to be repealed on January 1, 2020)
15    Sec. 22.1. Findings and recommendations. At the conclusion
16of the hearing, the Board shall present to the Secretary a
17written report of its findings of fact, conclusions of law, and
18recommendations. The report shall contain a finding whether the
19licensee violated this Act or failed to comply with the
20conditions required in this Act. The Board shall specify the
21nature of the violation or failure to comply, and shall make
22its recommendations to the Secretary.
23    The report of findings of fact, conclusions of law, and
24recommendation of the Board shall be the basis for the



10100SB0653sam001- 28 -LRB101 04246 AMC 58459 a

1Department's order for refusal or for the granting of the
2license. If the Secretary disagrees with the recommendations of
3the Board, the Secretary may issue an order in contravention of
4the Board recommendations. The Secretary shall provide a
5written report to the Board on any disagreement and shall
6specify the reasons for the action in the final order. The
7findings are not admissible in evidence against the person in a
8criminal prosecution for violation of this Act, but the hearing
9and findings are not a bar to a criminal prosecution for
10violation of this Act.
11(Source: P.A. 96-730, eff. 8-25-09.)
12    (225 ILCS 315/23)  (from Ch. 111, par. 8123)
13    (Section scheduled to be repealed on January 1, 2020)
14    Sec. 23. Board; rehearing Rehearing. At the conclusion of
15the hearing, a copy of the Board's report shall be served upon
16the accused person, either personally or as provided in this
17Act for the service of the notice. Within 20 days after such
18service, the applicant or licensee may present to the
19Department a motion in writing for a rehearing which shall
20specify the particular grounds for rehearing. If no motion for
21a rehearing is filed, then upon the expiration of the time
22specified for filing such a motion, or if a motion for
23rehearing is denied, then upon the denial, the Secretary may
24enter any order in accordance with recommendations of the
25Board, except as provided in Section 120 of this Act. If the



10100SB0653sam001- 29 -LRB101 04246 AMC 58459 a

1applicant or licensee requests and pays for a transcript of the
2record within the time for filing a motion for rehearing, the
320-day period within which a motion may be filed shall commence
4upon the delivery of the transcript to the applicant or
6    If Whenever the Secretary is not satisfied that substantial
7justice has been done, he or she may order a rehearing by the
8same or another special board. At the expiration of the time
9specified for filing a motion for a rehearing the Secretary has
10the right to take the action recommended by the Board.
11(Source: P.A. 96-730, eff. 8-25-09.)
12    (225 ILCS 315/24)  (from Ch. 111, par. 8124)
13    (Section scheduled to be repealed on January 1, 2020)
14    Sec. 24. Appointment of a hearing officer. The Secretary
15has the authority to appoint any attorney licensed to practice
16law in the State of Illinois to serve as the hearing officer in
17any action for refusal to issue or renew a license or permit or
18to discipline a licensee. The Secretary shall notify the Board
19of any such appointment. The hearing officer has full authority
20to conduct the hearing. One At least one member of the Board
21may shall attend each hearing. The hearing officer shall report
22his or her findings of fact, conclusions of law and
23recommendations to the Board and the Secretary. The Board has
2460 days from receipt of the report to review it and present its
25findings of fact, conclusions of law and recommendations to the



10100SB0653sam001- 30 -LRB101 04246 AMC 58459 a

1Secretary. If the Board fails to present its report within the
260-day 60 day period, the Secretary shall issue an order based
3on the report of the hearing officer. If the Secretary
4disagrees with the recommendation of the Board or hearing
5officer, the Secretary may issue an order in contravention of
6the recommendation. The Secretary shall promptly provide a
7written explanation to the Board on any disagreement.
8(Source: P.A. 96-730, eff. 8-25-09.)
9    (225 ILCS 315/26)  (from Ch. 111, par. 8126)
10    (Section scheduled to be repealed on January 1, 2020)
11    Sec. 26. Restoration of registration from discipline
12suspended or revoked license. At any time after the successful
13completion of a term of indefinite probation, suspension, or
14revocation of a registration, the Department may restore the
15registration to active status unless, after an investigation
16and a hearing, the Secretary determines that restoration is not
17in the public interest. No person whose registration has been
18revoked as authorized in this Act may apply for restoration of
19that registration until such time as provided for in the
20Department of Professional Regulation Law of the Civil
21Administrative Code of Illinois. At any time after the
22suspension or revocation of any license, the Department may
23restore it to the licensee upon the written recommendation of
24the Board, unless after an investigation and hearing the Board
25determines that restoration is not in the public interest.



10100SB0653sam001- 31 -LRB101 04246 AMC 58459 a

1(Source: P.A. 88-363.)
2    (225 ILCS 315/27)  (from Ch. 111, par. 8127)
3    (Section scheduled to be repealed on January 1, 2020)
4    Sec. 27. Surrender of certificate of registration license.
5Upon the revocation or suspension of a certificate of
6registration, the registrant shall immediately surrender the
7certificate of registration to the Department. If the
8registrant fails to do so, the Department shall have the right
9to seize the certificate of registration. Upon the revocation
10or suspension of any license, the licensee shall immediately
11surrender his or her license to the Department. If the licensee
12fails to do so, the Department has the right to seize the
14(Source: P.A. 88-363.)
15    (225 ILCS 315/28)  (from Ch. 111, par. 8128)
16    (Section scheduled to be repealed on January 1, 2020)
17    Sec. 28. Summary suspension of a license. The Secretary may
18summarily suspend the registration of a landscape architect
19without a hearing, simultaneously with the institution of
20proceedings for a hearing provided for in Section 19, if the
21Secretary finds that evidence indicates that continuation in
22practice would constitute an imminent danger to the public. If
23the Secretary summarily suspends a registration without a
24hearing, a hearing by the Department shall be commenced within



10100SB0653sam001- 32 -LRB101 04246 AMC 58459 a

130 days after the suspension has occurred and shall be
2concluded as expeditiously as possible. The Secretary may
3summarily suspend the license of a landscape architect without
4a hearing, simultaneously with the institution of proceedings
5for a hearing provided for in Section 24 of this Act, if the
6Secretary finds that evidence in the possession of the
7Secretary indicates that the continuation in practice by the
8landscape architect would constitute an imminent danger to the
9public. In the event that the Secretary temporarily suspends
10the license of an individual without a hearing, a hearing must
11be held within 30 days after such suspension has occurred.
12(Source: P.A. 96-730, eff. 8-25-09.)
13    (225 ILCS 315/30)  (from Ch. 111, par. 8130)
14    (Section scheduled to be repealed on January 1, 2020)
15    Sec. 30. Certification of record; costs. The Department
16shall not be required to certify a record to the court or file
17an answer in court or otherwise appear in a court in a judicial
18review proceeding, unless and until the Department has received
19from the plaintiff payment of the costs of furnishing and
20certifying the record, which costs shall be determined by the
21Department. Exhibits shall be certified without cost. Failure
22on the part of the plaintiff to file a receipt in court shall
23be grounds for dismissal of the action. The Department shall
24not be required to certify any record to the court or file an
25answer in court, or to otherwise appear in any court in a



10100SB0653sam001- 33 -LRB101 04246 AMC 58459 a

1judicial review proceeding, unless there is filed in the court
2with the complaint a receipt from the Department acknowledging
3payment of the costs of furnishing and certifying the record.
4Failure on the part of the plaintiff to file such receipt in
5court shall be grounds for dismissal of the action.
6(Source: P.A. 88-363.)
7    (225 ILCS 315/31)  (from Ch. 111, par. 8131)
8    (Section scheduled to be repealed on January 1, 2020)
9    Sec. 31. Illinois Administrative Procedure Act. The
10Illinois Administrative Procedure Act is hereby expressly
11adopted and incorporated herein as if all of the provisions of
12that Act were included in this Act, except that the provision
13of subsection (d) of Section 10-65 of the Illinois
14Administrative Procedure Act that provides that at hearings the
15licensee has the right to show compliance with all lawful
16requirements for retention, continuation or renewal of the
17license is specifically excluded. For the purposes of this Act,
18the notice required under Section 10-25 of the Illinois
19Administrative Procedure Act is deemed sufficient when mailed
20to the address of record of a party.
21(Source: P.A. 96-730, eff. 8-25-09.)
22    (225 ILCS 315/16 rep.)
23    Section 15. The Illinois Landscape Architecture Act of 1989
24is amended by repealing Section 16.



10100SB0653sam001- 34 -LRB101 04246 AMC 58459 a

1    Section 99. Effective date. This Act takes effect upon
2becoming law.".