Full Text of SB0658 101st General Assembly
SB0658ham002 101ST GENERAL ASSEMBLY | Rep. William Davis Filed: 5/20/2019
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| 1 | | AMENDMENT TO SENATE BILL 658
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 658, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Regulatory Sunset Act is amended by | 6 | | changing Section 4.30 and by adding Section 4.40 as follows: | 7 | | (5 ILCS 80/4.30) | 8 | | Sec. 4.30. Acts repealed on January 1, 2020. The following | 9 | | Acts are repealed on January 1, 2020: | 10 | | The Auction License Act. | 11 | | The Community Association Manager Licensing and | 12 | | Disciplinary Act. | 13 | | The Illinois Architecture Practice Act of 1989. | 14 | | The Illinois Landscape Architecture Act of 1989. | 15 | | The Illinois Professional Land Surveyor Act of 1989. | 16 | | The Orthotics, Prosthetics, and Pedorthics Practice Act. |
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| 1 | | The Perfusionist Practice Act.
| 2 | | The Pharmacy Practice Act. | 3 | | The Professional Engineering Practice Act of 1989. | 4 | | The Real Estate License Act of 2000. | 5 | | The Structural Engineering Practice Act of 1989. | 6 | | (Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17; | 7 | | 100-863, eff. 8-14-18.) | 8 | | (5 ILCS 80/4.40 new) | 9 | | Sec. 4.40. Act repealed on January 1, 2030. The following | 10 | | Act is repealed on January 1, 2030: | 11 | | The Illinois Professional Land Surveyor Act of 1989. | 12 | | Section 10. The Illinois Professional Land Surveyor Act of | 13 | | 1989 is amended by changing Sections 4, 5, 6, 7, 8, 10, 11, 12, | 14 | | 13, 14, 15, 16, 17, 18, 18.5, 19, 20, 21, 25, 27, 28, 29, 30, | 15 | | 31, 33, 36, 38, 40, 41, 44, 45, 46, and 48 and by adding | 16 | | Sections 4.5, 15.5, and 19.5 as follows:
| 17 | | (225 ILCS 330/4) (from Ch. 111, par. 3254)
| 18 | | (Section scheduled to be repealed on January 1, 2020)
| 19 | | Sec. 4. Definitions. As used in this Act:
| 20 | | (a) "Department" means the Department of Financial and | 21 | | Professional Regulation.
| 22 | | (b) "Secretary" means the Secretary of the Department of | 23 | | Financial and Professional Regulation.
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| 1 | | (c) "Board" means the Land Surveyors Licensing Board.
| 2 | | (d) "Direct supervision and control" means the personal | 3 | | review by a
licensed professional land surveyor Licensed | 4 | | Professional Land Surveyor of each survey, including, but not
| 5 | | limited to, procurement, research, field work, calculations, | 6 | | preparation of
legal descriptions and plats. The personal | 7 | | review shall be of such a
nature as to assure the client that | 8 | | the professional land surveyor Professional Land Surveyor or | 9 | | the
firm for which the professional land surveyor Professional | 10 | | Land Surveyor is employed is the provider
of the surveying | 11 | | services.
| 12 | | (e) "Responsible charge" means an individual responsible | 13 | | for the various
components of the land survey operations | 14 | | subject to the overall supervision
and control of the | 15 | | professional land surveyor Professional Land Surveyor .
| 16 | | (f) "Design professional" means a land surveyor, | 17 | | architect, structural
engineer, or professional engineer | 18 | | licensed in conformance
with this Act,
the Illinois | 19 | | Architecture Practice Act of 1989, the
Structural Engineering | 20 | | Practice Act of 1989, or the
Professional Engineering Practice | 21 | | Act of 1989.
| 22 | | (g) "Professional land surveyor Land Surveyor " means any | 23 | | person licensed under the
laws of the State of Illinois to | 24 | | practice land surveying, as defined by
this Act or its rules.
| 25 | | (h) "Surveyor intern Intern " means any person licensed | 26 | | under the laws
of the State of Illinois who has qualified for, |
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| 1 | | taken, and passed an
examination in the fundamental land | 2 | | surveying subjects as
provided by this Act or its rules.
| 3 | | (i) "Land surveying experience" means those activities | 4 | | enumerated in
Section 5 of this Act, which, when exercised in | 5 | | combination, to the
satisfaction of the Board, is proof of an | 6 | | applicant's broad range of
training in and exposure to the | 7 | | prevailing practice of land surveying.
| 8 | | (j) "Address of record" means the designated address | 9 | | recorded by the Department in the applicant's or licensee's | 10 | | application file or license file maintained by the Department's | 11 | | licensure maintenance unit. It is the duty of the applicant or | 12 | | licensee to inform the Department of any change of address, and | 13 | | such changes must be made either through the Department's | 14 | | website or by contacting the Department's licensure | 15 | | maintenance unit. | 16 | | (k) "Standard of care" means the use of the same degree of | 17 | | knowledge, skill, and ability as an ordinarily careful and | 18 | | reasonable professional land surveyor would exercise under | 19 | | similar circumstances. | 20 | | (l) "Establishing" means performing an original survey. An | 21 | | original survey establishes boundary lines within an original | 22 | | division of a tract of land which has theretofore existed as | 23 | | one unit or parcel and describing and monumenting a line or | 24 | | lines of a parcel or tract of land on the ground for the first | 25 | | time. An original surveyor is the creator of one or more new | 26 | | boundary lines. |
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| 1 | | (m) "Reestablishing" or "locating" means performing a | 2 | | retracement survey. A retracement survey tracks the footsteps | 3 | | of the original surveyor, locating boundary lines and corners | 4 | | which have been established by the original survey. A | 5 | | retracement survey cannot establish new corners or lines or | 6 | | correct errors of the original survey. | 7 | | (n) "Boundary law principles" means applying the | 8 | | decisions, results, and findings of land boundary cases that | 9 | | concern the establishment of boundary lines and corners. | 10 | | (o) "Email address of record" means the designated email | 11 | | address of record by the Department in the applicant's | 12 | | application file or the licensee's license file as maintained | 13 | | by the Department's licensure maintenance unit. | 14 | | (Source: P.A. 100-171, eff. 1-1-18 .)
| 15 | | (225 ILCS 330/4.5 new) | 16 | | Sec. 4.5. Address of record; email address of record. All | 17 | | applicants and licensees shall: | 18 | | (1) provide a valid address and email address to the | 19 | | Department, which shall serve as the address of record and | 20 | | email address of record, respectively, at the time of | 21 | | application for licensure or renewal of a license; and | 22 | | (2) inform the Department of any change of address of | 23 | | record or email address of record within 14 days after such | 24 | | change either through the Department's website or by | 25 | | contacting the Department's licensure maintenance unit.
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| 1 | | (225 ILCS 330/5) (from Ch. 111, par. 3255)
| 2 | | (Section scheduled to be repealed on January 1, 2020)
| 3 | | Sec. 5. Practice of land surveying defined. Any person who | 4 | | practices in Illinois as a professional land surveyor who | 5 | | renders, offers to render, or holds himself or herself out as | 6 | | able to render, or perform any service, the adequate | 7 | | performance of which involves the special knowledge of the art | 8 | | and application of the principles of the accurate and precise | 9 | | measurement of length, angle, elevation or volume, | 10 | | mathematics, the related physical and applied sciences, and the | 11 | | relevant requirements of applicable boundary law principles | 12 | | and performed with the appropriate standard of care, all of | 13 | | which are acquired by education, training, experience, and | 14 | | examination. Any one or a combination
of the following | 15 | | practices constitutes the practice of land surveying:
| 16 | | (a) Establishing or
reestablishing, locating, | 17 | | defining, and making or monumenting land
boundaries or | 18 | | title or real property lines and the platting of lands and | 19 | | subdivisions;
| 20 | | (b) Determining the area or volume of
any portion of | 21 | | the earth's surface, subsurface, or airspace with respect | 22 | | to boundary lines,
determining the configuration or | 23 | | contours of any portion of the earth's
surface, subsurface, | 24 | | or airspace or the location of fixed objects thereon,
| 25 | | except as performed by photogrammetric methods by persons |
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| 1 | | holding certification from the American Society of | 2 | | Photogrammetry and Remote Sensing or substantially similar | 3 | | certification as approved by the Department,
or except when | 4 | | the level of accuracy required is
less than the level of | 5 | | accuracy required by the National Society of Professional | 6 | | Surveyors Model Standards and Practice;
| 7 | | (c) Preparing descriptions for the determination of | 8 | | title or real property rights to any
portion or volume of | 9 | | the earth's surface, subsurface, or airspace involving the
| 10 | | lengths and direction of boundary lines, areas, parts of | 11 | | platted parcels or the
contours of the earth's surface, | 12 | | subsurface, or airspace;
| 13 | | (d) Labeling, designating, naming, preparing, or | 14 | | otherwise identifying
legal lines or land title lines of | 15 | | the United States
Rectangular System
or any subdivision | 16 | | thereof on any plat, map, exhibit, photograph, | 17 | | photographic composite, or
mosaic or photogrammetric map | 18 | | of any portion of the earth's surface for the
purpose of | 19 | | recording and amending the same by the issuance of a | 20 | | certificate of correction in the Office of Recorder in any | 21 | | county;
| 22 | | (e) Any act or combination of acts that would be
viewed | 23 | | as
offering
professional land surveying services | 24 | | including:
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(1) setting monuments which have the appearance of | 26 | | or for the express
purpose of marking land boundaries, |
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| 1 | | either directly or as an accessory;
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(2) providing any sketch, map, plat, report, | 3 | | monument record, or other
document which indicates | 4 | | land boundaries and monuments, or accessory
monuments | 5 | | thereto, except that if the sketch, map, plat, report, | 6 | | monument
record, or other document is a copy of an | 7 | | original prepared by a
professional land surveyor | 8 | | Professional Land Surveyor , and if proper reference to | 9 | | that fact be made on
that document;
| 10 | | (3) performing topographic surveys, with the | 11 | | exception of a licensed professional engineer | 12 | | knowledgeable in topographical surveys who that | 13 | | performs a topographical survey specific to his or her | 14 | | design project. A licensed professional engineer may | 15 | | not, however, offer topographic surveying services | 16 | | that are independent of his or her specific design | 17 | | project; or | 18 | | (4) locating, relocating, establishing, | 19 | | reestablishing, retracing, laying out, or staking of | 20 | | the location, alignment, or elevation of any existing | 21 | | or proposed improvements whose location is dependent | 22 | | upon property, easement, and right-of-way boundaries; | 23 | | (5) providing consultation, investigation, | 24 | | planning, mapping, assembling, and authoritative | 25 | | interpretation of gathered measurements, documents, | 26 | | and evidence in relation to the location of property, |
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| 1 | | easement, and right-of-way boundaries; or | 2 | | (6) measuring, evaluating, mapping, or reporting | 3 | | the location of existing or proposed buildings, | 4 | | structures, or other improvements or their surrounding | 5 | | topography with respect to current flood insurance | 6 | | rate mapping or federal emergency management agency | 7 | | mapping along with locating of inland wetland | 8 | | boundaries delineated by a qualified specialist in | 9 | | relation to the location of property, easement, and | 10 | | right-of-way boundaries. | 11 | | (f) Determining the horizontal or vertical position or | 12 | | state plane coordinates for any monument or reference point | 13 | | that
marks a title or real property line, boundary, or | 14 | | corner, or to set, reset, or replace any
monument or | 15 | | reference point on any title or real property;
| 16 | | (g) Creating, preparing, or modifying electronic or | 17 | | computerized data
or maps, including land information | 18 | | systems and geographic information systems, relative to | 19 | | the performance of activities in items (a), (b), (d), (e), | 20 | | (f), and (h) of this
Section, except where
electronic means | 21 | | or computerized data is otherwise utilized to integrate,
| 22 | | display, represent, or assess the created, prepared, or | 23 | | modified data;
| 24 | | (h) Determining or adjusting any control network or any | 25 | | geodetic control network or cadastral data as it
pertains | 26 | | to items (a) through (g) of this Section together with the |
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| 1 | | assignment of measured values to any United States | 2 | | Rectangular System corners, title or real property corner | 3 | | monuments or geodetic monuments;
| 4 | | (i) Preparing and attesting to the accuracy of a map or | 5 | | plat showing the
land boundaries or lines and marks and | 6 | | monuments of the boundaries or of a map
or plat showing the | 7 | | boundaries of surface, subsurface, or air rights;
| 8 | | (j) Executing and issuing certificates, endorsements, | 9 | | reports, or plats
that
portray the horizontal or vertical | 10 | | relationship between existing physical objects or | 11 | | structures and
one or more corners, datums, or boundaries | 12 | | of any portion of the earth's surface,
subsurface, or | 13 | | airspace;
| 14 | | (k) Acting in direct supervision and control of land | 15 | | surveying activities or
acting as a manager in any place of | 16 | | business that solicits, performs, or
practices land | 17 | | surveying;
| 18 | | (l) Boundary analysis and determination of property, | 19 | | easement, or right-of-way lines on any plat submitted for | 20 | | regulatory review by governmental or municipal agencies; | 21 | | (m) Offering or soliciting to perform any of the | 22 | | services set
forth in this
Section.
| 23 | | In the performance of any of the foregoing functions, a | 24 | | licensee shall adhere to the standards of professional conduct | 25 | | enumerated in 68 Ill. Adm. Code 1270.57. Nothing contained in | 26 | | this Section imposes upon a person licensed under this Act the |
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| 1 | | responsibility for the performance of any of the foregoing | 2 | | functions unless such person specifically contracts to perform | 3 | | such functions. | 4 | | (Source: P.A. 100-171, eff. 1-1-18 .)
| 5 | | (225 ILCS 330/6) (from Ch. 111, par. 3256)
| 6 | | (Section scheduled to be repealed on January 1, 2020)
| 7 | | Sec. 6. Powers and duties of the Department. (a) The | 8 | | Department shall exercise the powers and duties prescribed by | 9 | | The
Illinois Administrative Procedure Act for the | 10 | | administration of licensing Acts.
The Department shall also | 11 | | exercise, subject to the provisions of this Act, the
following | 12 | | functions, powers , and duties:
| 13 | | (1) Authorize Conduct or authorize examinations to | 14 | | ascertain the fitness and
qualifications of applicants for | 15 | | licensure and pass upon the qualifications and fitness of | 16 | | applicants for licensure by endorsement issue licenses to | 17 | | those who
are found to be fit and qualified .
| 18 | | (2) Adopt rules required for the administration of this | 19 | | Act Prescribe rules for a method of examination .
| 20 | | (3) Conduct hearings on proceedings to refuse to issue | 21 | | or renew, revoke, or suspend licenses , or place on | 22 | | probation or reprimand persons or entities licensed under | 23 | | this Act or refuse to
issue, renew, or restore a license, | 24 | | or other disciplinary actions .
| 25 | | (4) Adopt rules for what constitutes land surveying |
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| 1 | | experience Promulgate rules and regulations required for | 2 | | the administration of
this Act .
| 3 | | (5) Adopt rules defining what constitutes an approved | 4 | | surveying or related science curriculum License | 5 | | corporations, partnerships, and all other business | 6 | | entities for the practice of
professional surveying and | 7 | | issue a license to those who qualify .
| 8 | | (6) Issue licenses to those who meet the requirements | 9 | | of this Act Prescribe, adopt, and amend rules as to what | 10 | | shall constitute a
surveying or related science | 11 | | curriculum, determine if a specific
surveying curriculum | 12 | | is in compliance with the rules, and terminate the
approval | 13 | | of a specific surveying curriculum for non-compliance with | 14 | | such rules .
| 15 | | (7) Maintain membership in the National Council of | 16 | | Engineering Examiners
or a similar organization and | 17 | | participate in activities of the Council or
organization by | 18 | | designating individuals
for the various classifications of | 19 | | membership and appoint
delegates for attendance at zone and | 20 | | national meetings of the Council or
organization.
| 21 | | (8) Review application qualifications to sit for the | 22 | | examination or for licensure that the Board designates | 23 | | pursuant to Section 8 Obtain written recommendations from | 24 | | the Board regarding
qualification of individuals for | 25 | | licensing, definition of
curriculum content and approval | 26 | | of surveying curriculums, standards of
professional |
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| 1 | | conduct and disciplinary actions, promulgate and
amend the | 2 | | rules affecting these matters, and consult with the
Board | 3 | | on other matters affecting administration of the Act.
| 4 | | (9) Adopt (a-5) The Department may promulgate rules for | 5 | | a Code of Ethics and
Standards
of Practice to be followed | 6 | | by persons licensed under this Act. The Department
shall | 7 | | consider the recommendations of the Board in establishing | 8 | | the Code of
Ethics and Standards of Practice.
| 9 | | (10) Conduct investigations related to possible | 10 | | violations of this Act. | 11 | | (11) Post on the Department's website a newsletter | 12 | | describing the most recent changes to this Act and the | 13 | | rules adopted under this Act and containing information of | 14 | | any final disciplinary action that has been ordered under | 15 | | this Act since the date of the last newsletter. | 16 | | Upon the issuance of any final decision or order that | 17 | | deviates from any report or recommendation of the Board | 18 | | relating to the qualification of applicants, discipline of | 19 | | licensees or registrants, or adoption of rules, the Secretary | 20 | | shall notify the Board on any such deviation and shall specify | 21 | | with particularity the reason for the action in the final | 22 | | decision or order. | 23 | | (b) The Department shall consult with the Board in | 24 | | promulgating rules.
Notice of proposed rulemaking shall be | 25 | | transmitted to the Board and the
Department shall review the | 26 | | Board's response and recommendations.
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| 1 | | (c) The Department shall review the Board's recommendation | 2 | | of the
applicants' qualifications. The Secretary shall notify | 3 | | the Board in writing
with an explanation of any deviation from | 4 | | the Board's recommendation.
After review of the Secretary's | 5 | | explanation of his or her reasons
for
deviation, the Board | 6 | | shall have the opportunity to comment upon the Secretary's
| 7 | | decision.
| 8 | | Whenever the Secretary is not satisfied that substantial | 9 | | justice has been
done in the revocation or suspension of a | 10 | | license or other disciplinary
action, the Secretary may order | 11 | | re-hearing by the same or other boards.
| 12 | | (Source: P.A. 96-626, eff. 8-24-09.)
| 13 | | (225 ILCS 330/7) (from Ch. 111, par. 3257)
| 14 | | (Section scheduled to be repealed on January 1, 2020)
| 15 | | Sec. 7. Creation of the Board; Composition and | 16 | | qualifications and terms
of the Board. | 17 | | (a) The Secretary shall appoint a Professional Land | 18 | | Surveyor Board. The Board shall be appointed by the Secretary | 19 | | and shall
consist of 7 members who shall serve in an advisory | 20 | | capacity to the Secretary , one of whom shall be a public | 21 | | member and 6 of whom
shall be Professional Land Surveyors . All | 22 | | The members shall be
residents of Illinois. Six members Each | 23 | | Professional Land Surveyor member shall (i) (a)
currently hold | 24 | | a valid professional land surveyor Professional Land Surveyor | 25 | | license in Illinois and
shall have held the license under this |
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| 1 | | Act or its predecessor for the
preceding previous 10 years year | 2 | | period , and (ii) shall not (b) have not been disciplined
within | 3 | | the preceding last 10 years year period under this Act or its | 4 | | predecessor .
In addition to the 6 professional land surveyors, | 5 | | there shall be one public member. The public member
shall be a | 6 | | voting member and shall not be licensed under this Act or any | 7 | | other design profession licensing Act that the Department | 8 | | administers.
| 9 | | (b) Board members Members shall be appointed who reasonably
| 10 | | represent the different geographic areas of Illinois and shall | 11 | | serve for 5-year 5
year terms , and until
their successors are | 12 | | qualified and appointed. | 13 | | (c) In appointing members to the Board, the Secretary shall | 14 | | give due consideration to recommendations by members and | 15 | | organizations of the professional land surveyor profession. | 16 | | (d) The membership of the Board should reasonably reflect | 17 | | representation from the geographic areas in this State. | 18 | | (e) No member shall be reappointed to the Board for a term | 19 | | that would cause his or her continuous service on the Board to | 20 | | be longer than 2 consecutive 5-year terms. | 21 | | (f) Appointments to fill vacancies shall be made in the | 22 | | same manner as original appointments for the unexpired portion | 23 | | of the vacated term. | 24 | | (g) Four members shall constitute a quorum. A quorum is | 25 | | required for Board decisions. | 26 | | (h) The Secretary may remove any member of the Board for |
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| 1 | | misconduct, incompetence, or neglect of duty or for reasons | 2 | | prescribed by law for removal of State officials. The Secretary | 3 | | may remove a member of the Board who does not attend 2 | 4 | | consecutive meetings. | 5 | | (i) Notice of proposed rulemaking shall be transmitted to | 6 | | the Board and the Department shall review the response of the | 7 | | Board and any recommendations made therein. | 8 | | (j) Members of the Board shall not be liable for damages in | 9 | | any action or proceeding as a result of activities performed as | 10 | | members of the Board, except upon proof of actual malice. | 11 | | (k) Members of the Board shall be reimbursed for all | 12 | | legitimate, necessary, and authorized expenses. | 13 | | A member shall not be
eligible for appointment to more than 10 | 14 | | years in a lifetime.
Appointments to fill vacancies shall be | 15 | | made for the unexpired portion of the term.
Board members | 16 | | currently appointed under this Act and
in office
on the | 17 | | effective date of this Act shall continue to hold office until
| 18 | | their terms expire and they are replaced.
All appointments | 19 | | shall
be made on the basis of individual professional | 20 | | qualifications with the
exception of the public member and | 21 | | shall not be based upon race, sex, or
religious or political | 22 | | affiliations.
| 23 | | Each member of the Board may receive compensation when | 24 | | attending to the
work of the Board or any of its committees and | 25 | | for time spent in necessary
travel. In addition, members shall | 26 | | be reimbursed for actual traveling,
incidentals, and expenses |
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| 1 | | necessarily incurred in carrying out their duties
as members of | 2 | | the Board.
| 3 | | The Secretary may consider the advice and recommendations | 4 | | of the Board
on issues involving standards of professional | 5 | | conduct, discipline, and
qualifications of the candidates and | 6 | | licensees under this Act.
| 7 | | The Secretary shall give due consideration to a
current | 8 | | list of candidates, as submitted by
members of the land | 9 | | surveying profession and by affiliated organizations.
| 10 | | Members of the Board shall be immune from suit in any | 11 | | action based upon
any disciplinary proceedings or other | 12 | | activities performed in good faith as
members of the Board.
| 13 | | The Secretary may remove any member of the Board for | 14 | | misconduct,
incompetence, neglect of duty, or for any reason | 15 | | prescribed by law for removal
of State Officials or for not | 16 | | attending 2 consecutive Board meetings.
| 17 | | (Source: P.A. 96-626, eff. 8-24-09.)
| 18 | | (225 ILCS 330/8) (from Ch. 111, par. 3258)
| 19 | | (Section scheduled to be repealed on January 1, 2020)
| 20 | | Sec. 8. Powers and duties of the Board ; quorum . Subject to | 21 | | the
provisions
of this Act, the Board shall exercise the | 22 | | following functions, powers, and
duties:
| 23 | | (a) The Board shall hold at least 3 regular meetings | 24 | | each year. Review applicant qualifications to sit for
the | 25 | | examination or for licensure and shall make |
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| 1 | | recommendations to the
Department except for those | 2 | | applicant qualifications that the Board designates as | 3 | | routinely acceptable;
| 4 | | (b) The Board shall annually elect a chairperson and a | 5 | | vice chairperson who shall be Illinois licensed | 6 | | professional land surveyors. Conduct hearings regarding | 7 | | disciplinary actions and submit a written
report to the | 8 | | Secretary as required by this Act and provide a Board
| 9 | | member at informal conferences;
| 10 | | (c) The Board, upon request by the Department, may make | 11 | | a curriculum evaluation to approve a land surveying degree | 12 | | or a related science degree and submit to the Secretary a | 13 | | written recommendation of acceptability of a curriculum. | 14 | | Visit universities or colleges to evaluate surveying
| 15 | | curricula and submit to the Secretary a written | 16 | | recommendation of
acceptability of the curriculum;
| 17 | | (d) (Blank). Submit a written recommendation to the | 18 | | Secretary concerning
promulgation or amendment of rules | 19 | | for the administration of this Act;
| 20 | | (e) The Department may at any time seek the expert | 21 | | advice and knowledge of
the Board on any matter relating to | 22 | | the enforcement of this Act . ;
| 23 | | (f) The Board may appoint a subcommittee to serve as a | 24 | | Complaint Committee
to recommend the disposition of case | 25 | | files according to procedures established
by rule . ;
| 26 | | (g) The Board shall assist the Department in conducting |
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| 1 | | oral interviews, disciplinary conferences, informal | 2 | | conferences, and formal evidentiary hearings. | 3 | | (h) The Board shall review applicant qualifications to | 4 | | sit for the examination for licensure and shall make | 5 | | recommendations to the Department except for those | 6 | | applicant qualifications that the Board designates as | 7 | | routinely acceptable. | 8 | | (g) Hold at least 3 regular meetings each year; and
| 9 | | (h) The Board shall annually elect a Chairperson and a Vice | 10 | | Chairperson
who shall be licensed
Illinois Professional Land | 11 | | Surveyors.
| 12 | | A quorum of the Board shall consist of 4 members. A quorum | 13 | | is required for all Board decisions. | 14 | | Subject to the provisions of this Act, the Board may | 15 | | exercise the following duties as deemed necessary by the | 16 | | Department: (i) review education and experience qualifications | 17 | | of applicants, including conducting oral interviews; (ii) | 18 | | determine eligibility as a Professional Land Surveyor or | 19 | | Surveyor Intern; and (iii) submit to the Secretary | 20 | | recommendations on applicant qualifications for enrollment and | 21 | | licensure.
| 22 | | (Source: P.A. 100-171, eff. 1-1-18 .)
| 23 | | (225 ILCS 330/10) (from Ch. 111, par. 3260)
| 24 | | (Section scheduled to be repealed on January 1, 2020)
| 25 | | Sec. 10. Application for licensure original license . |
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| 1 | | (a) Applications for original licenses shall be made to the | 2 | | Department in writing on forms or electronically as prescribed | 3 | | by the Department and shall be accompanied by the required fee, | 4 | | which shall not be refundable. All applications shall contain | 5 | | information that, in the judgment of the Department, will | 6 | | enable the Department to pass on the qualifications of the | 7 | | applicant for a license as a professional land surveyor or | 8 | | surveyor intern. The Department may require an applicant, at | 9 | | the applicant's expense, to have an evaluation of the | 10 | | applicant's education in a foreign country by a nationally | 11 | | recognized evaluation service approved by the Department in | 12 | | accordance with rules adopted by the Department. | 13 | | (b) Applicants have 3 years from the date of application to | 14 | | complete the application process. If the process has not been | 15 | | completed in 3 years, the application shall be denied, the fee | 16 | | shall be forfeited, and the applicant must reapply and meet the | 17 | | requirements in effect at the time of reapplication. | 18 | | Every person who desires
to obtain a license shall apply to the | 19 | | Department in writing, upon forms
prepared and furnished by the | 20 | | Department. Each application shall contain
statements made | 21 | | under oath, showing the applicant's education, a
detailed | 22 | | summary of his or her land surveying experience, and
| 23 | | verification of the
applicant's land surveying experience by | 24 | | the applicant's supervisor who shall
be a land
surveyor | 25 | | licensed in this State or any other state or territory of the | 26 | | U.S. where experience is similar and
who
shall
certify the |
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| 1 | | applicant's experience, and
the application shall be | 2 | | accompanied with the required fee.
The Department may require | 3 | | an applicant, at the applicant's expense, to have
an evaluation | 4 | | of the applicant's education in a foreign country by an | 5 | | evaluating service approved by the Department in accordance | 6 | | with rules prescribed by the Department.
| 7 | | An applicant who graduated from a land surveying program | 8 | | outside the United
States or its territories and whose first | 9 | | language is not English shall submit
certification of passage | 10 | | of the Test of English as a Foreign Language (TOEFL)
and a test | 11 | | of spoken English as defined by rule.
| 12 | | (Source: P.A. 96-626, eff. 8-24-09.)
| 13 | | (225 ILCS 330/11) (from Ch. 111, par. 3261)
| 14 | | (Section scheduled to be repealed on January 1, 2020)
| 15 | | Sec. 11. Examination ; failure or refusal to take . | 16 | | (a) The Department shall authorize examinations of | 17 | | applicants for a license under this Act at such times and | 18 | | places as it may determine by rule. The examinations shall be | 19 | | of a character to give a fair test of the qualifications of the | 20 | | applicant to practice as a professional land surveyor or | 21 | | surveyor intern. | 22 | | (b) Applicants for examination are required to pay, either | 23 | | to the Department or the designated testing service, a fee | 24 | | covering the cost of providing the examination. Failure to | 25 | | appear for the examination on the scheduled date, at the time |
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| 1 | | and place specified, after the applicant's application for | 2 | | examination has been received and acknowledged by the | 3 | | Department or the designated testing service, shall result in | 4 | | the forfeiture of the examination fee. | 5 | | (c) If an applicant fails to pass an examination for | 6 | | licensure under this Act within 3 years after filing the | 7 | | application, the application shall be denied. However, such | 8 | | applicant may thereafter make a new application for examination | 9 | | accompanied by the required fee and must furnish proof of | 10 | | meeting the qualifications for examination in effect at the | 11 | | time of new application. | 12 | | (d) All applicants for licensing as a professional land | 13 | | surveyor shall be required to pass a jurisdictional examination | 14 | | to determine the applicant's knowledge of the surveying tasks | 15 | | unique to the State of Illinois and the laws relating thereto. | 16 | | The Department
shall authorize examinations, as recommended | 17 | | and approved by the Board, for
licensure as Surveyor Interns | 18 | | and Professional Land Surveyors at such times and
places as it | 19 | | may determine.
| 20 | | The examination of an applicant for licensure as a Surveyor | 21 | | Intern or a Professional Land Surveyor may
include examinations | 22 | | as defined by rule.
The substance and form of the
examination | 23 | | shall be as recommended and approved by the Board. Each
| 24 | | applicant shall be examined as to his knowledge of the statutes | 25 | | of the
United States of America and the State of Illinois | 26 | | relating to the practice
of land surveying and mathematics as |
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| 1 | | applied to land surveying.
| 2 | | All applicants for licensing as a Professional Land | 3 | | Surveyor shall be
required to pass, as a portion of the | 4 | | examination, a jurisdictional
examination to determine the | 5 | | applicant's knowledge of the surveying tasks
unique to the | 6 | | State of Illinois, and the laws relating thereto.
| 7 | | Applicants for any examination shall be required to pay, | 8 | | either to the
Department or the designated testing service, a | 9 | | fee covering the cost of
providing the examination. Failure to | 10 | | appear for the examination on the
scheduled date, at the time | 11 | | and place specified, after the applicant's
application for | 12 | | examination has been received and acknowledged by the
| 13 | | Department or the designated testing service, shall result in | 14 | | the
forfeiture of the examination fee. If an applicant | 15 | | neglects, fails, or
refuses to take an examination for | 16 | | registration under this Act within 3
years after filing his | 17 | | application, the application fee shall be forfeited
to the | 18 | | Department and the application denied. However, the applicant | 19 | | may
thereafter make a new application for examination, | 20 | | accompanied by the required fee.
| 21 | | (Source: P.A. 100-171, eff. 1-1-18 .)
| 22 | | (225 ILCS 330/12) (from Ch. 111, par. 3262)
| 23 | | (Section scheduled to be repealed on January 1, 2020)
| 24 | | Sec. 12. Qualifications for licensing.
| 25 | | (a) A person is qualified to
receive a license as a |
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| 1 | | professional land surveyor Professional Land Surveyor and the | 2 | | Department shall
issue a license to a person:
| 3 | | (1) who has applied in writing in the required form to | 4 | | the
Department or electronically ;
| 5 | | (2) (blank);
| 6 | | (2) (2.5) who has not violated any provision of this | 7 | | Act or its rules; | 8 | | (3) who is of good ethical character, including | 9 | | compliance with the Code of Ethics and Standards of | 10 | | Practice adopted promulgated by rule under pursuant to this | 11 | | Act, and has not committed an act or offense in any | 12 | | jurisdiction that would constitute grounds for discipline | 13 | | of a land surveyor licensed under this Act;
| 14 | | (4) who has been issued a license as a surveyor intern | 15 | | Surveyor Intern ;
| 16 | | (5) who, subsequent to passing the examination | 17 | | authorized by the Department for licensure as a surveyor | 18 | | intern Surveyor Intern , has at least 4 years of responsible | 19 | | charge experience
verified by a professional land surveyor | 20 | | in direct supervision and control of
his or her activities;
| 21 | | (6) who has passed an examination authorized by the | 22 | | Department
to
determine his or her fitness to receive a | 23 | | license as a professional land surveyor Professional Land | 24 | | Surveyor ; and | 25 | | (7) who satisfies one of the following educational | 26 | | requirements: |
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| 1 | | (A) is a graduate of an approved land surveying | 2 | | curriculum of at least 4 years who has passed an | 3 | | examination in the fundamentals of surveying, as | 4 | | defined by rule; or | 5 | | (B) is a graduate of a baccalaureate curriculum of | 6 | | at least 4 years, including at least 24 semester hours | 7 | | of land surveying courses from an approved land | 8 | | surveying curriculum and the related science courses, | 9 | | who has passed an examination in the fundamentals of | 10 | | surveying, as defined by rule.
| 11 | | (b) A person is qualified to receive a license as a | 12 | | surveyor intern Surveyor Intern and the Department shall issue | 13 | | a license to a person:
| 14 | | (1) who has applied in writing in the required form | 15 | | provided by the
Department or electronically ;
| 16 | | (2) (blank);
| 17 | | (3) who is of good moral character;
| 18 | | (4) who has the required education as set forth in this | 19 | | Act; and
| 20 | | (5) who has passed an examination authorized by the | 21 | | Department
to
determine his or her fitness to receive a | 22 | | license as a surveyor intern Surveyor Intern in accordance | 23 | | with this Act.
| 24 | | In determining moral character under
this Section, the | 25 | | Department may take into consideration whether the
applicant | 26 | | has engaged in conduct or actions that would constitute grounds |
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| 1 | | for
discipline under this Act.
| 2 | | (Source: P.A. 100-171, eff. 1-1-18 .)
| 3 | | (225 ILCS 330/13) (from Ch. 111, par. 3263)
| 4 | | (Section scheduled to be repealed on January 1, 2020)
| 5 | | Sec. 13. Minimum standards for enrollment as a surveyor | 6 | | intern Surveyor Intern . To enroll as a surveyor intern Surveyor | 7 | | Intern , an applicant must be: | 8 | | (1) a graduate of an approved land surveying curriculum | 9 | | of at least 4 years who has passed an examination in the | 10 | | fundamentals of surveying, as defined by rule; | 11 | | (2) an applicant in the last year of an approved land | 12 | | surveying or related science curriculum who passes an | 13 | | examination in the fundamentals of surveying, as defined by | 14 | | rule, and furnishes proof that the applicant graduated | 15 | | within a 12-month period following the examination; or | 16 | | (3) a graduate of a baccalaureate curriculum of at | 17 | | least 4 years, including at least 24 semester hours of land | 18 | | surveying courses from an approved land surveying | 19 | | curriculum and the related science courses, as defined by | 20 | | rule, who passes an examination in the fundamentals of | 21 | | surveying, as defined by rule.
| 22 | | (Source: P.A. 100-171, eff. 1-1-18; 100-863, eff. 8-14-18.)
| 23 | | (225 ILCS 330/14) (from Ch. 111, par. 3264)
| 24 | | (Section scheduled to be repealed on January 1, 2020)
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| 1 | | Sec. 14. Display of license License to be displayed . Every | 2 | | holder of a license under this Act as a
Professional Land | 3 | | Surveyor or Surveyor Intern shall
display the license it in
a | 4 | | conspicuous place location in his or her office,
place of | 5 | | business, or place of
employment.
| 6 | | (Source: P.A. 100-171, eff. 1-1-18 .)
| 7 | | (225 ILCS 330/15) (from Ch. 111, par. 3265)
| 8 | | (Section scheduled to be repealed on January 1, 2020)
| 9 | | Sec. 15. Seal. Every professional land surveyor | 10 | | Professional Land Surveyor shall have a
reproducible seal or | 11 | | facsimile , which may be computer generated, the
impression of | 12 | | which
shall contain the name of the land surveyor, his or her | 13 | | place of business,
the license
number , of the professional land | 14 | | surveyor Professional Land Surveyor , and the words | 15 | | "Professional Land
Surveyor, State of Illinois". A
| 16 | | professional land surveyor Professional Land Surveyor shall | 17 | | seal all documents prepared by or
under the direct supervision | 18 | | and control of the professional land surveyor Professional Land | 19 | | Surveyor .
Any seal authorized or approved by the Department | 20 | | under the Illinois Land
Surveyors Act shall serve the same | 21 | | purpose as the seal provided for by this
Act. The
licensee's | 22 | | written signature and date of signing along with the date of | 23 | | license
expiration shall be placed adjacent to the seal. The | 24 | | licensee may provide, at his or her sole discretion, an | 25 | | original signature in the licensee's handwriting, a scanned |
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| 1 | | copy of the document bearing an original signature, or a | 2 | | signature generated by a computer. | 3 | | It is unlawful to affix one's seal to documents if it masks | 4 | | the true identity of the person who actually exercised | 5 | | direction, control, and supervision of the preparation of that | 6 | | work. A professional land surveyor Professional Land Surveyor | 7 | | who seals and signs documents is not responsible for damage | 8 | | caused by subsequent changes to or uses of those documents | 9 | | where the subsequent changes or uses, including changes or uses | 10 | | made by State or local governmental agencies, are not | 11 | | authorized or approved by the professional land surveyor | 12 | | Professional Land Surveyor who originally sealed and signed the | 13 | | documents.
| 14 | | (Source: P.A. 98-289, eff. 1-1-14.)
| 15 | | (225 ILCS 330/15.5 new) | 16 | | Sec. 15.5. Titles. | 17 | | (a) A professional land surveyor may use the initials | 18 | | "P.L.S." and "L.S." and the title of "Professional Land | 19 | | Surveyor" or any of its derivations in Illinois. | 20 | | (b) A surveyor intern may use the initials "S.I." and the | 21 | | title of "Surveyor Intern" or any of its derivations in | 22 | | Illinois.
| 23 | | (225 ILCS 330/16) (from Ch. 111, par. 3266)
| 24 | | (Section scheduled to be repealed on January 1, 2020)
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| 1 | | Sec. 16. Unlicensed practice; violation; civil penalty | 2 | | Unlawful to practice without license or registration . | 3 | | (a) Any person who practices, offers to practice, attempts | 4 | | to practice, or holds himself or herself out to practice as a | 5 | | professional land surveyor or surveyor intern without being | 6 | | licensed or exempt under this Act shall, in addition to any | 7 | | other penalty provided by law, pay a civil penalty to the | 8 | | Department in an amount not to exceed $10,000 for each offense, | 9 | | as determined by the Department. The civil penalty shall be | 10 | | assessed by the Department after a hearing is held in | 11 | | accordance with this Act regarding the provision of a hearing | 12 | | for the discipline of a licensee. | 13 | | (b) A firm or business that offers design services under | 14 | | this Act without being licensed as a professional design firm | 15 | | or exempt under this Act shall, in addition to any other | 16 | | penalty provided by law, pay a civil penalty to the Department | 17 | | in an amount not to exceed $10,000 for each offense, as | 18 | | determined by the Department. The civil penalty shall be | 19 | | assessed by the Department after a hearing is held in | 20 | | accordance with this Act regarding the provision of a hearing | 21 | | for the discipline of a licensee. | 22 | | (c) The Department may investigate any actual, alleged, or | 23 | | suspected unlicensed activity. | 24 | | (d) The civil penalty shall be paid within 60 days after | 25 | | the effective date of the order imposing the civil penalty. The | 26 | | order shall constitute a final judgment and may be filed and |
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| 1 | | executed in the same manner as any judgment from any court of | 2 | | record. | 3 | | (e) A person or entity not registered under this Act who | 4 | | has violated any provision of this Act or its rules is guilty | 5 | | of a Class A misdemeanor for the first offense and a Class 4 | 6 | | felony for a second and subsequent offense. | 7 | | It is
unlawful for any person, sole proprietorship, | 8 | | professional service corporation,
corporation, partnership, | 9 | | limited liability company, or other entity to
practice land | 10 | | surveying, or advertise or display any sign, card or other | 11 | | device
which might indicate to the public that the person or | 12 | | entity is entitled to
practice as a land surveyor, or use the | 13 | | initials "P.L.S.", "L.S.", or "S.I.",
use the title | 14 | | "Professional Land Surveyor" or "Surveyor Intern" or
any of | 15 | | their derivations, unless such person holds a valid active | 16 | | license as a
Professional Land Surveyor or Surveyor Intern in | 17 | | the State of
Illinois, or such professional service | 18 | | corporation, corporation, partnership,
sole proprietorship, | 19 | | limited liability company, or other entity is in
compliance | 20 | | with this Act.
| 21 | | (Source: P.A. 100-171, eff. 1-1-18 .)
| 22 | | (225 ILCS 330/17) (from Ch. 111, par. 3267)
| 23 | | (Section scheduled to be repealed on January 1, 2020)
| 24 | | Sec. 17. Surveyor intern Intern ; supervision. It is
| 25 | | unlawful for any surveyor intern Surveyor Intern licensed under |
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| 1 | | this Act to
practice or attempt to practice land surveying
| 2 | | except when in responsible charge under the overall supervision | 3 | | of a professional land surveyor Professional Land Surveyor .
| 4 | | (Source: P.A. 100-171, eff. 1-1-18 .)
| 5 | | (225 ILCS 330/18) (from Ch. 111, par. 3268)
| 6 | | (Section scheduled to be repealed on January 1, 2020)
| 7 | | Sec. 18. Renewal, reinstatement , or restoration of | 8 | | license; persons Persons
in military service. | 9 | | (a) The expiration date and renewal period for each
license | 10 | | as a professional land surveyor Professional Land Surveyor | 11 | | issued under this Act shall be set
by rule. The holder of a | 12 | | license may renew such license during the month
preceding the | 13 | | expiration date by paying the required fee.
| 14 | | (b) A professional land surveyor who has permitted his or | 15 | | her license to expire or has had his or her license placed on | 16 | | inactive status may have his or her license restored by making | 17 | | application to the Department and filing proof acceptable to | 18 | | the Department of his or her fitness to have his or her license | 19 | | restored, including, but not limited to, sworn evidence | 20 | | certifying to active practice in another jurisdiction | 21 | | satisfactory to the Department and by paying the required fee | 22 | | as determined by rule Any Professional Land Surveyor whose | 23 | | license has been inactive for less
than 5 years is required to | 24 | | pay the current renewal fee and shall have his
or her license | 25 | | restored .
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| 1 | | (c) A professional land surveyor whose license has expired | 2 | | while engaged (1) in federal service on active duty with the | 3 | | Armed Forces of the United States or the State Militia called | 4 | | into service or training, or (2) in training or education under | 5 | | the supervision of the United States before induction into the | 6 | | military service, may have the license restored or reinstated | 7 | | without paying any lapsed reinstatement, renewal, or | 8 | | restoration fees if within 2 years after termination other than | 9 | | by dishonorable discharge of such service, training, or | 10 | | education the Department is furnished with satisfactory | 11 | | evidence that the licensee has been so engaged in the practice | 12 | | of land surveying and that such service, training, or education | 13 | | has so terminated. A Professional Land Surveyor whose license | 14 | | has been expired for more than
5 years may have the
license | 15 | | restored by making application to the Department and filing | 16 | | proof
acceptable to the Department of fitness to have the | 17 | | license restored,
including, but not limited to, sworn evidence | 18 | | certifying to active practice in another
jurisdiction and | 19 | | payment of the required renewal,
reinstatement or restoration | 20 | | fee. However, any Professional Land Surveyor whose license | 21 | | expired while
engaged (a) in federal service on active duty | 22 | | with the armed forces of
the United States, or the State | 23 | | Militia called into active service or
training, or (b) in | 24 | | training or education under the supervision of the
United | 25 | | States preliminary to induction into the military service, may | 26 | | have
a license renewed without paying any lapsed reinstatement |
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| 1 | | or restoration
fees upon passing an oral examination by the | 2 | | Board, or without taking any
examination, if approved by the | 3 | | Board, if, within 2 years after the
termination other than by | 4 | | dishonorable discharge of such service, training, or | 5 | | education,
the licensee furnishes the Department with an | 6 | | affidavit to
the effect the licensee was so engaged and that | 7 | | the service, training, or education
has so terminated.
| 8 | | (d) A license for a surveyor intern Surveyor Intern does | 9 | | not expire.
| 10 | | (Source: P.A. 100-171, eff. 1-1-18 .)
| 11 | | (225 ILCS 330/18.5)
| 12 | | (Section scheduled to be repealed on January 1, 2020)
| 13 | | Sec. 18.5. Continuing education. The Department may adopt | 14 | | promulgate rules of
continuing education for persons licensed | 15 | | under this Act. The Department shall
consider the | 16 | | recommendations of the Board in establishing the guidelines for
| 17 | | the continuing education requirements. The requirements of | 18 | | this Section apply
to any person seeking renewal or restoration | 19 | | under Section 18 or 19 of this
Act. For the purposes of this | 20 | | Act, continuing education shall also be known as professional | 21 | | development.
| 22 | | (Source: P.A. 91-132, eff. 1-1-00 .)
| 23 | | (225 ILCS 330/19) (from Ch. 111, par. 3269)
| 24 | | (Section scheduled to be repealed on January 1, 2020)
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| 1 | | Sec. 19. Inactive status ; Restoration . Any person who | 2 | | notifies the Department, in writing on forms prescribed by the
| 3 | | Department, may place his or her license on an inactive status | 4 | | and
shall be excused from the payment of
renewal fees until he | 5 | | or she notifies the Department in writing of the
intention to | 6 | | resume active status.
| 7 | | Any Professional Land Surveyor requesting restoration from | 8 | | inactive
status is required to pay the current renewal
fee and | 9 | | shall have his or her license restored. A Professional Land | 10 | | Surveyor whose license has been on inactive status for more | 11 | | than 5 years
may have the license restored by making | 12 | | application to the Department and
filing proof acceptable to | 13 | | the Board of fitness to have the license
restored, including, | 14 | | but not limited to, sworn evidence certifying to
active | 15 | | practice in another jurisdiction and payment of the required
| 16 | | renewal, reinstatement or restoration fee.
| 17 | | Any professional land surveyor Professional Land Surveyor | 18 | | whose license is in an inactive status
shall not practice land | 19 | | surveying in the State of Illinois.
| 20 | | (Source: P.A. 96-626, eff. 8-24-09.)
| 21 | | (225 ILCS 330/19.5 new) | 22 | | Sec. 19.5. Professional Land Surveyor, Retired. | 23 | | (a) Pursuant to Section 2105-15 of the Department of | 24 | | Professional Regulation Law of the Civil Administrative Code of | 25 | | Illinois, the Department may grant the title "Professional Land |
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| 1 | | Surveyor, Retired", which may be used by any person who has | 2 | | been duly licensed as a professional land surveyor under this | 3 | | Act and who has chosen to place his or her license on inactive | 4 | | status or not renew his or her license. Those persons granted | 5 | | the title "Professional Land Surveyor, Retired" may request | 6 | | restoration to active status under the applicable provisions of | 7 | | this Act. | 8 | | (b) The use of the title "Professional Land Surveyor, | 9 | | Retired" shall not constitute representation of current | 10 | | licensure. Any person without an active license shall not be | 11 | | permitted to practice professional land surveying as defined in | 12 | | this Act. | 13 | | (c) Nothing in this Section shall be construed to require | 14 | | the Department to issue any certificate, credential, or other | 15 | | official document indicating that a person has been granted the | 16 | | title "Professional Land Surveyor, Retired".
| 17 | | (225 ILCS 330/20) (from Ch. 111, par. 3270)
| 18 | | (Section scheduled to be repealed on January 1, 2020)
| 19 | | Sec. 20. Endorsement. Upon payment of the required fee, an | 20 | | applicant
who is a Professional Land Surveyor, licensed or | 21 | | otherwise legally recognized
as a Land Surveyor under the laws | 22 | | of another state or territory of the United
States may be | 23 | | granted a license as an Illinois Professional Land Surveyor
by | 24 | | the Department with approval of the Board upon the following | 25 | | conditions:
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| 1 | | (a) The Department may, upon application in writing on | 2 | | forms or electronically accompanied by the required fee, issue | 3 | | a license as a professional land surveyor to an applicant | 4 | | licensed under the laws of another state, the District of | 5 | | Columbia, or a U.S. territory if the requirements for licensure | 6 | | in that jurisdiction were, on the date of original licensure, | 7 | | substantially equivalent to the requirements then in force in | 8 | | this State. That the applicant meets the requirements for | 9 | | licensing in this
State, and that the requirements for | 10 | | licensing or other legal recognition
of Land Surveyors in the | 11 | | particular state or territory were,
at the date of issuance of | 12 | | the license or certificate, equivalent to the
requirements then | 13 | | in effect in the State of Illinois; and
| 14 | | (b) All applicants for endorsement shall pass That the | 15 | | applicant passes a jurisdictional examination to determine
the
| 16 | | applicant's knowledge of the surveying tasks unique to the | 17 | | State of
Illinois and the laws pertaining thereto.
| 18 | | (c) If the accuracy of any submitted documentation or | 19 | | relevance or sufficiency of the course work or experience is | 20 | | questioned by the Department or the Board because of a lack of | 21 | | information, discrepancies, or conflicts in information given | 22 | | or a need for clarification, the applicant seeking licensure | 23 | | may be required to provide additional information. | 24 | | (d) Applicants have 3 years from the date of application to | 25 | | complete the application process. If the process has not been | 26 | | completed in 3 years, the application shall be denied, the fee |
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| 1 | | shall be forfeited, and the applicant must reapply and meet the | 2 | | requirements in effect at the time of reapplication. | 3 | | (Source: P.A. 93-467, eff. 1-1-04 .)
| 4 | | (225 ILCS 330/21) (from Ch. 111, par. 3271)
| 5 | | (Section scheduled to be repealed on January 1, 2020)
| 6 | | Sec. 21. Fees.
| 7 | | (a) The Department shall provide by rule for a schedule of | 8 | | fees to be paid
for licenses by all applicants. All fees are | 9 | | not refundable.
| 10 | | (b) The fees for the administration and enforcement of this | 11 | | the Act, including ,
but not limited to , original licensure, | 12 | | renewal, and restoration, shall be set
by
rule by the | 13 | | Department.
| 14 | | (c) All fees and fines collected as authorized under this | 15 | | Act shall be deposited into in the Design
Professionals | 16 | | Administration and Investigation Fund. Of the moneys deposited
| 17 | | into the Design Professionals Administration and Investigation | 18 | | Fund, the
Department may use such funds as necessary to produce | 19 | | and distribute
newsletters to persons licensed under this Act.
| 20 | | (Source: P.A. 91-132, eff. 1-1-00 .)
| 21 | | (225 ILCS 330/25) (from Ch. 111, par. 3275)
| 22 | | (Section scheduled to be repealed on January 1, 2020)
| 23 | | Sec. 25. Professional design firm registration.
| 24 | | (a) Nothing in this Act shall prohibit the formation, under |
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| 1 | | the provisions
of the Professional Service Corporation Act, of | 2 | | a corporation to
offer the practice of professional land | 3 | | surveying.
| 4 | | Any business, including a professional service corporation | 5 | | Professional Service Corporation , that includes
within its | 6 | | stated purposes or practices, or holds itself out as available | 7 | | to
practice, professional land surveying shall be registered | 8 | | with the Department
pursuant to the provisions set forth in | 9 | | this Section.
| 10 | | Any sole proprietorship not owned and operated by an | 11 | | Illinois licensed design
professional licensed under this Act | 12 | | shall be prohibited from offering
professional land surveyor | 13 | | services to the public. Any sole proprietorship
owned and | 14 | | operated by a professional land surveyor with an active license
| 15 | | issued under this Act and conducting or transacting such | 16 | | business under an
assumed name in accordance with the | 17 | | provisions of the Assumed Business Name
Act shall comply with | 18 | | the registration requirements of a professional design
firm. | 19 | | Any sole proprietorship owned and operated by a professional | 20 | | land surveyor Professional Land Surveyor with an active license | 21 | | issued under this Act and conducting or
transacting such | 22 | | business under the real name of the sole proprietor is exempt
| 23 | | from the registration requirements of a professional design | 24 | | firm. "Illinois
licensed design professional" means a person | 25 | | who holds an active license as a
professional engineer under | 26 | | the
Professional Engineering Practice Act of 1989, as an |
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| 1 | | architect under the
Illinois Architecture Practice Act of 1989, | 2 | | as a structural engineer under the
Structural Engineering | 3 | | Practice Act of 1989, or as a professional land surveyor | 4 | | Professional Land Surveyor
under this Act.
| 5 | | (b) Any professional design firm seeking to be registered | 6 | | pursuant to the
provisions of this Section shall not be | 7 | | registered unless one or more managing
agents in charge of land | 8 | | surveyor activities in this State are designated by
the | 9 | | professional design firm. Each managing agent must at all times | 10 | | maintain a
valid, active license to practice professional land | 11 | | surveying in Illinois.
| 12 | | No individual whose license to practice professional land | 13 | | surveying in this
State is currently in a suspended or revoked | 14 | | state shall act as a managing
agent for a professional design | 15 | | firm.
| 16 | | (c) Any business seeking to be registered under this | 17 | | Section shall make
application on a form provided by the | 18 | | Department and shall provide such
information as requested by | 19 | | the Department, which shall include, but not be
limited to:
| 20 | | (1) the name and license number of the person | 21 | | designated as the managing
agent in responsible charge of | 22 | | the practice of professional land surveying in
Illinois. In | 23 | | the case of a corporation, the corporation shall also | 24 | | submit a
certified copy of the resolution by the board of | 25 | | directors designating the
managing agent. In the case of a | 26 | | limited liability company, the company shall
submit a |
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| 1 | | certified copy of either its articles of organization or | 2 | | operating
agreement designating the managing agent;
| 3 | | (2) the names and license numbers of the directors, in | 4 | | the case of a
corporation, the members, in the case of a | 5 | | limited liability company, or
general partners, in the case | 6 | | of a partnership;
| 7 | | (3) a list of all office locations at which the | 8 | | professional design firm
provides professional land | 9 | | surveying services to the public; and
| 10 | | (4) a list of all assumed names of the business. | 11 | | Nothing in this Section
shall be construed to exempt a | 12 | | professional design firm, sole proprietorship,
or | 13 | | professional service corporation from compliance with the | 14 | | requirements of
the Assumed Business Name Act.
| 15 | | It is the responsibility of the professional design firm to | 16 | | provide the
Department notice, in writing, of any changes in | 17 | | the information requested on
the application.
| 18 | | (d) The Department shall issue to each business a | 19 | | certificate of
registration to practice professional land | 20 | | surveying or offer the services of
its licensees in this State | 21 | | upon submittal of a proper application for
registration and | 22 | | payment of fees. The expiration date and renewal period for
| 23 | | each registration and renewal procedures shall be established | 24 | | by rule.
| 25 | | (e) In the event a managing agent is terminated or | 26 | | terminates his or her
status as
managing agent of the |
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| 1 | | professional design firm, the managing agent and the
a | 2 | | professional design firm shall notify the Department of this | 3 | | fact in writing,
by regular certified mail or email , within 10 | 4 | | business days of such termination. Thereafter,
the | 5 | | professional design firm, if it has so informed the Department, | 6 | | shall have
30 days in which to notify the Department of the | 7 | | name and licensure number of
a newly designated managing agent. | 8 | | If a corporation, the corporation shall
also submit a certified | 9 | | copy of a resolution by the board of directors
designating the | 10 | | new managing agent. If a limited liability company, the
company | 11 | | shall also submit a certified copy of either its articles of
| 12 | | organization or operating agreement designating the new | 13 | | managing agent. The
Department may, upon good cause shown, | 14 | | extend the original 30-day 30 day period.
| 15 | | If the professional design firm has not notified the | 16 | | Department in writing,
by regular certified mail or email | 17 | | within the specified time, the registration shall be
terminated | 18 | | without prior hearing. Notification of termination shall be | 19 | | sent by regular
certified mail or email to the address of | 20 | | record of the business. If the professional
design firm | 21 | | continues to operate and offer professional land surveyor | 22 | | services
after the termination, the Department may seek | 23 | | prosecution under Sections 16 and 27 ,
43, and 16.5 of this Act | 24 | | for the unlicensed practice of professional land
surveying.
| 25 | | No professional design firm shall be relieved of | 26 | | responsibility for the
conduct or acts of its agent, employees, |
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| 1 | | members, managers, or officers by
reason
of its compliance with | 2 | | this Section, nor shall any individual practicing
professional | 3 | | land surveying be relieved of the responsibility for | 4 | | professional
services performed by reason of the individual's | 5 | | employment or relationship
with a professional design firm | 6 | | registered under this Section.
| 7 | | (g) Disciplinary action against a professional design firm | 8 | | registered under
this Section shall be administered in the same | 9 | | manner and on the same grounds
as
disciplinary action against a | 10 | | licensed professional land surveyor. All
disciplinary action | 11 | | taken or pending against a corporation or partnership
before | 12 | | the effective date of this amendatory Act of 1999 shall be | 13 | | continued or
remain in effect without the Department filing | 14 | | separate actions.
| 15 | | (h) Any professional services corporation, sole | 16 | | proprietorship,
or
professional design firm offering land | 17 | | surveying
services
must have a
resident professional land | 18 | | surveyor whose license is not suspended or revoked overseeing | 19 | | the land surveying practices in each location
in which land | 20 | | surveying services are provided.
| 21 | | (Source: P.A. 96-626, eff. 8-24-09.)
| 22 | | (225 ILCS 330/27) (from Ch. 111, par. 3277)
| 23 | | (Section scheduled to be repealed on January 1, 2020)
| 24 | | Sec. 27. Grounds for disciplinary action.
| 25 | | (a) The Department may refuse to
issue or renew a license,
|
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| 1 | | or may revoke, suspend, place on probation , reprimand, or | 2 | | administrative supervision, suspend, or revoke any license, or | 3 | | may reprimand or take other any disciplinary or | 4 | | non-disciplinary action as the Department may deem proper, | 5 | | including the imposition of fines not to
exceed $10,000 per | 6 | | violation, with regard to any license issued under this Act, | 7 | | upon any person, corporation, partnership, or professional | 8 | | land
surveying firm licensed or registered under this Act for | 9 | | any one or a combination
of the following reasons:
| 10 | | (1) Material material misstatement in furnishing | 11 | | information to the Department . ;
| 12 | | (2) Negligence, incompetence, or misconduct in the | 13 | | practice of land surveying. violation, including, but not | 14 | | limited to, neglect or intentional
disregard, of this Act, | 15 | | or its rules;
| 16 | | (3) Failure to comply with any provision of this Act or | 17 | | any of its rules. conviction of, or entry of a plea of | 18 | | guilty or nolo contendere to, any crime that is a felony | 19 | | under the laws of the United States or any state or | 20 | | territory thereof or that is a misdemeanor of which an | 21 | | essential element is dishonesty, or any crime that is | 22 | | directly related to the practice of the profession;
| 23 | | (4) Fraud or any misrepresentation in applying for or | 24 | | procuring a license under this Act or in connection with | 25 | | applying for renewal or restoration of a license under this | 26 | | Act. making any misrepresentation for the purpose of |
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| 1 | | obtaining a license,
or in applying for restoration or | 2 | | renewal, or the practice of any fraud or
deceit in taking | 3 | | any examination to qualify for licensure under this Act;
| 4 | | (5) Purposefully purposefully making false statements | 5 | | or signing false statements,
certificates, or affidavits | 6 | | to induce payment . ;
| 7 | | (6) Conviction of or entry of a plea of guilty or nolo | 8 | | contendere, finding of guilt, jury verdict, or entry of | 9 | | judgment or sentencing, including, but not limited to, | 10 | | convictions, preceding sentences of supervision, | 11 | | conditional discharge, or first offender probation under | 12 | | the laws of any jurisdiction of the United States that is | 13 | | (i) a felony or (ii) a misdemeanor, an essential element of | 14 | | which is dishonesty, that is directly related to the | 15 | | practice of the profession of land surveying. proof of | 16 | | carelessness, incompetence, negligence, or misconduct in
| 17 | | practicing land surveying;
| 18 | | (7) Aiding aiding or assisting another person in | 19 | | violating any provision of
this Act or its rules . ;
| 20 | | (8) Failing failing to provide information in response | 21 | | to a written request made
by the Department within 60 30 | 22 | | days after receipt of such written request . ;
| 23 | | (9) Engaging engaging in dishonorable, unethical, or | 24 | | unprofessional conduct of a
character likely to deceive, | 25 | | defraud, or harm the public . ;
| 26 | | (10) Habitual or excessive use or abuse of drugs |
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| 1 | | defined in law as controlled substances, of alcohol, | 2 | | narcotics, stimulants, or any other substances that | 3 | | results in the inability to practice with reasonable | 4 | | judgment, skill, or safety. inability to practice with | 5 | | reasonable judgment, skill, or safety as a result of | 6 | | habitual or excessive use of, or addiction to, alcohol, | 7 | | narcotics, stimulants or any other chemical agent or drug;
| 8 | | (11) A finding by the Department that an applicant or | 9 | | licensee has failed to pay a fine imposed by the | 10 | | Department. discipline by the United States government, | 11 | | another state, District
of Columbia, territory, foreign | 12 | | nation or government agency if at least
one of the grounds | 13 | | for the discipline is the same or substantially
equivalent | 14 | | to those set forth in this Act;
| 15 | | (12) A finding by the Department that the licensee, | 16 | | after having his or her license placed on probationary | 17 | | status, has violated the terms of probation or failed to | 18 | | comply with such terms. directly or indirectly giving to or | 19 | | receiving from any person,
firm, corporation, partnership, | 20 | | or association any fee, commission, rebate,
or other form | 21 | | of compensation for any professional services not actually | 22 | | or
personally rendered;
| 23 | | (12.5) issuing a map or plat of survey where the fee | 24 | | for professional
services is contingent on a real estate | 25 | | transaction closing;
| 26 | | (13) Inability to practice the profession with |
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| 1 | | reasonable judgment, skill, or safety as a result of | 2 | | physical illness, including, but not limited to, | 3 | | deterioration through the aging process, loss of motor | 4 | | skill, mental illness, or disability. a finding by the | 5 | | Department that an applicant or licensee has failed to
pay
| 6 | | a fine imposed by the Department or a licensee whose | 7 | | license has been
placed on probationary status has violated | 8 | | the terms of probation;
| 9 | | (14) Discipline by another state, territory, foreign | 10 | | country, the District of Columbia, the United States | 11 | | government, or any other government agency if at least one | 12 | | of the grounds for discipline is the same or substantially | 13 | | equivalent to those set forth in this Act. practicing on an | 14 | | expired, inactive, suspended, or revoked license;
| 15 | | (15) The making of any willfully false oath or | 16 | | affirmation in any matter or proceeding where an oath or | 17 | | affirmation is required by this Act. signing, affixing the | 18 | | Professional Land Surveyor's seal or
permitting the | 19 | | Professional Land Surveyor's seal to be affixed to any map
| 20 | | or plat of survey not prepared by the Professional Land | 21 | | Surveyor or under the Professional Land Surveyor's direct | 22 | | supervision and
control;
| 23 | | (16) Using or attempting to use an expired, inactive, | 24 | | suspended, or revoked license or the certificate or seal of | 25 | | another or impersonating another licensee.
inability to | 26 | | practice the profession with reasonable judgment, skill, |
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| 1 | | or
safety as a result of physical illness, including, but | 2 | | not limited to, deterioration through the aging process or | 3 | | loss of motor skill or a mental illness or disability;
| 4 | | (17) Directly or indirectly giving to or receiving from | 5 | | any person or entity any fee, commission, rebate, or other | 6 | | form of compensation for any professional service not | 7 | | actually or personally rendered. (blank); or
| 8 | | (18) Issuing a map or plat of a survey where the fee | 9 | | for professional services is contingent on a real estate | 10 | | transaction closing failure to adequately supervise or | 11 | | control land surveying
operations being performed by | 12 | | subordinates .
| 13 | | (19) Signing or affixing the professional land | 14 | | surveyor's seal or permitting the seal to be affixed to any | 15 | | map or plat of a survey not prepared by the professional | 16 | | land surveyor or under the professional land surveyor's | 17 | | direct supervision and control. | 18 | | (20) Failure to adequately supervise or control land | 19 | | surveying operations being performed by subordinates. | 20 | | (a-5) In enforcing this Section, the Department or Board, | 21 | | upon a showing of a possible violation, may compel a person | 22 | | licensed to practice under this Act, or who has applied for | 23 | | licensure or certification pursuant to this Act, to submit to a | 24 | | mental or physical examination, or both, as required by and at | 25 | | the expense of the Department. The Department or Board may | 26 | | order the examining physician to present testimony concerning |
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| 1 | | the mental or physical examination of the licensee or | 2 | | applicant. No information shall be excluded by reason of any | 3 | | common law or statutory privilege relating to communications | 4 | | between the licensee or applicant and the examining physician. | 5 | | The examining physicians shall be specifically designated by | 6 | | the Board or Department. The individual to be examined may | 7 | | have, at his or her own expense, another physician of his or | 8 | | her choice present during all aspects of the examination. | 9 | | Failure of an individual to submit to a mental or physical | 10 | | examination when directed shall be grounds for the immediate | 11 | | suspension of his or her license until the individual submits | 12 | | to the examination if the Department finds that the refusal to | 13 | | submit to the examination was without reasonable cause as | 14 | | defined by rule. | 15 | | If the Secretary immediately suspends the license of a | 16 | | licensee for his or her failure to submit to a mental or | 17 | | physical examination when directed, a hearing must be convened | 18 | | by the Department within 15 days after the suspension and | 19 | | completed without appreciable delay. | 20 | | If the Secretary otherwise suspends a person's license | 21 | | pursuant to the results of a compelled mental or physical | 22 | | examination, a hearing on that person's license must be | 23 | | convened by the Department within 15 days after the suspension | 24 | | and completed without appreciable delay. The Department and | 25 | | Board shall have the authority to review the subject | 26 | | individual's record of treatment and counseling regarding |
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| 1 | | impairment to the extent permitted by applicable federal | 2 | | statutes and regulations safeguarding the confidentiality of | 3 | | medical records. | 4 | | Any licensee suspended under this subsection (a-5) shall be | 5 | | afforded an opportunity to demonstrate to the Department or | 6 | | Board that he or she can resume practice in compliance with the | 7 | | acceptable and prevailing standards under the provisions of his | 8 | | or her license.
| 9 | | (b) The determination by a circuit court that a licensee is | 10 | | subject to
involuntary admission or judicial admission as | 11 | | provided in the Mental
Health and Developmental Disabilities | 12 | | Code , as
now or hereafter amended, operates as an automatic | 13 | | license suspension. Such
suspension will end only upon a | 14 | | finding by a court that the patient is no
longer subject to | 15 | | involuntary admission or judicial admission and the
issuance of | 16 | | an order so finding and discharging the patient and upon the
| 17 | | recommendation of the Board to the Secretary Director that the | 18 | | licensee be allowed to
resume his or her practice.
| 19 | | (c) (Blank). | 20 | | (d) If In cases where the Department of Healthcare and | 21 | | Family Services (formerly the Department of Public Aid) has | 22 | | previously determined that a licensee or a potential licensee | 23 | | is more than 30 days delinquent in the payment of child support | 24 | | and has subsequently certified the delinquency to the | 25 | | Department, the Department shall refuse to issue or renew or | 26 | | shall revoke or suspend that person's license or shall take |
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| 1 | | other disciplinary action against that person based solely upon | 2 | | the certification of delinquency made by the Department of | 3 | | Healthcare and Family Services in accordance with subdivision | 4 | | (a)(5) of Section 2105-15 of the Department of Professional | 5 | | Regulation Law of the Civil Administrative Code of Illinois (20 | 6 | | ILCS 2105/2105-15) . | 7 | | (e) The Department shall refuse to issue or renew or shall | 8 | | revoke or suspend a person's license or shall take other | 9 | | disciplinary action against that person for his or her failure | 10 | | to file a return, to pay the tax, penalty, or interest shown in | 11 | | a filed return, or to pay any final assessment of tax, penalty, | 12 | | or interest as required by any tax Act administered by the | 13 | | Department of Revenue, until such time as the requirements of | 14 | | the tax Act are satisfied in accordance with subsection (g) of | 15 | | Section 2105-15 of the Department of Professional Regulation | 16 | | Law of the Civil Administrative Code of Illinois (20 ILCS | 17 | | 2105/2105-15) . | 18 | | (Source: P.A. 100-872, eff. 8-14-18.)
| 19 | | (225 ILCS 330/28) (from Ch. 111, par. 3278)
| 20 | | (Section scheduled to be repealed on January 1, 2020)
| 21 | | Sec. 28. Injunction; cease Cease and desist order. | 22 | | (a) If any person or entity violates the provisions of this | 23 | | Act, the Secretary, in the name of the People people of the | 24 | | State of Illinois, through the Attorney General or the State's | 25 | | Attorney of the county in which the violation is alleged to |
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| 1 | | have occurred may petition for an order enjoining the violation | 2 | | or for an order enforcing compliance with this Act. Upon the | 3 | | filing of a verified petition, the court with appropriate | 4 | | jurisdiction may issue a temporary restraining order, without | 5 | | notice or bond, and may preliminarily and permanently enjoin | 6 | | the violation. If it is established that the person has | 7 | | violated or is violating the injunction, the court may punish | 8 | | the offender for contempt of court. Proceedings under this | 9 | | Section are in addition to and not in lieu of any other | 10 | | remedies and penalties provided by this Act.
| 11 | | (b) (a-5) Whenever, in the opinion of the Department, a | 12 | | person or entity violates any provision of this Act, the | 13 | | Department may issue a rule to show cause why an order to cease | 14 | | and desist should not be entered against that person or entity . | 15 | | The rule shall clearly set forth the grounds relied upon by the | 16 | | Department and shall allow at least 7 days from the date of the | 17 | | rule to file an answer satisfactory to the Department. Failure | 18 | | to answer to the satisfaction of the Department shall cause an | 19 | | order to cease and desist to be issued. | 20 | | (b) (Blank).
| 21 | | (Source: P.A. 96-626, eff. 8-24-09.)
| 22 | | (225 ILCS 330/29) (from Ch. 111, par. 3279)
| 23 | | (Section scheduled to be repealed on January 1, 2020)
| 24 | | Sec. 29. Investigations; notice and hearing. | 25 | | (a) The
Department may investigate the actions of any |
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| 1 | | applicant or of any person or other entity
holding , applying | 2 | | for or claiming to hold a license under this Act , or | 3 | | practicing or offering
to practice land surveying . | 4 | | (b) Before the initiation of a formal complaint an | 5 | | investigation , the
matter shall be reviewed by a subcommittee | 6 | | of the Board according to procedures
established by rule for | 7 | | the Complaint Committee. If a subcommittee has not been formed, | 8 | | the matter shall proceed through the process as stated in | 9 | | subsection (c). | 10 | | (c) The Department shall,
before disciplining an applicant | 11 | | or licensee refusing to issue, renew or restore, suspending or | 12 | | revoking any license
or registration, or imposing any other | 13 | | disciplinary action , at least 30
days prior to the date set for | 14 | | the hearing, (i) notify the applicant or licensee person | 15 | | accused in
writing of the any charges made and the time and | 16 | | place for the hearing on the charges, (ii) shall direct the | 17 | | applicant person or licensee entity to file a
written answer to | 18 | | the charges Board under oath within 20 days after the service | 19 | | of the
notice , and (iii) inform the applicant person or | 20 | | licensee entity that failure if the person or entity fails to
| 21 | | file a written an answer to the charges will result in a | 22 | | default being entered against the applicant or licensee default | 23 | | will be taken and that the license or certificate may be
| 24 | | suspended, revoked, placed on probationary status, or other | 25 | | disciplinary action
may be taken, including limiting the scope, | 26 | | nature or extent of practice, as
the Secretary may deem proper . |
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| 1 | | (d) Written or electronic This written notice , and any | 2 | | notice in the subsequent proceeding, may be served by personal | 3 | | delivery , by email, or by mail to the applicant or licensee at | 4 | | his or her address of record or email address of record.
to the | 5 | | accused
person or entity or certified mail to the last address | 6 | | specified by the accused
person or entity in the last | 7 | | notification to the Department. | 8 | | (e) At the time and place fixed in the notice, the Board or | 9 | | hearing officer appointed by the Secretary shall proceed to | 10 | | hear the charges and the parties and their counsel shall be | 11 | | accorded ample opportunity to present any statement, | 12 | | testimony, evidence, and argument as may be pertinent to the | 13 | | charges or to the applicant's or licensee's defense. The Board | 14 | | or hearing officer may continue the hearing from time to time. | 15 | | (f) In case the licensee person
or applicant, after | 16 | | receiving the notice, entity fails to file an answer after | 17 | | receiving notice , the his or her license or
certificate may, in | 18 | | the discretion of the Secretary Department , having first | 19 | | received the recommendation of the Board, be suspended, | 20 | | revoked, or
placed on probationary status, or be subject to the | 21 | | Department may take whatever disciplinary
action the Secretary | 22 | | considers deemed proper, including limiting the scope, nature, | 23 | | or extent of the
person's practice or the imposition of a fine, | 24 | | without a hearing, if the act or
acts charged constitute | 25 | | sufficient grounds for such action under this Act.
At the time | 26 | | and place fixed in the notice, the Board shall hear the charges |
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| 1 | | and
the accused person or entity shall be accorded ample | 2 | | opportunity to present any
statements, testimony, evidence and | 3 | | argument as may be relevant to the charges
or their defense. | 4 | | The Board may continue the hearing from time to time.
| 5 | | The Department may from time to time employ individual land | 6 | | surveyors possessing the same minimum
qualifications as | 7 | | required for Board candidates to assist with its
investigative | 8 | | duties.
| 9 | | (g) Persons who assist the Department as consultants or | 10 | | expert witnesses in
the investigation or prosecution of alleged | 11 | | violations of the Act,
licensure matters, restoration | 12 | | proceedings, or criminal prosecutions, are
not liable for | 13 | | damages in any civil action or proceeding as a result of
their | 14 | | assistance, except upon proof of actual malice. The
Attorney | 15 | | General shall defend these persons in any such action or | 16 | | proceeding.
| 17 | | (Source: P.A. 96-626, eff. 8-24-09.)
| 18 | | (225 ILCS 330/30) (from Ch. 111, par. 3280)
| 19 | | (Section scheduled to be repealed on January 1, 2020)
| 20 | | Sec. 30. Record of proceedings Stenographer; transcript . | 21 | | (a) The Department, at its
expense, shall provide a | 22 | | certified shorthand reporter stenographer to take down the | 23 | | testimony and
preserve a record of all proceedings at the | 24 | | hearing of any case where a
license may be is revoked, | 25 | | suspended, placed on probationary status, reprimanded, fined, |
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| 1 | | or subjected to other disciplinary action with reference to the | 2 | | license when a disciplinary action is authorized under this Act | 3 | | and its rules or other disciplinary action is taken .
The notice | 4 | | of hearing, complaint , and all other documents in the nature of
| 5 | | pleadings and written motions filed in the proceedings, the | 6 | | transcript of
testimony, the report of the Board , and the | 7 | | orders of the Department shall be
the record of the | 8 | | proceedings. The record may be made available to any person | 9 | | interested in the hearing upon payment of the fee required by | 10 | | Section 2105-115 of the Department of Professional Regulation | 11 | | Law of the Civil Administrative Code of Illinois. | 12 | | (b) The Department may contract for court reporting | 13 | | services, and, if it does so, the Department shall provide the | 14 | | name and contact information for the certified shorthand | 15 | | reporter who transcribed the testimony at a hearing to any | 16 | | person interested, who may obtain a copy of the transcript of | 17 | | any proceedings at a hearing upon payment of the fee specified | 18 | | by the certified shorthand reporter.
| 19 | | (Source: P.A. 96-626, eff. 8-24-09.)
| 20 | | (225 ILCS 330/31) (from Ch. 111, par. 3281)
| 21 | | (Section scheduled to be repealed on January 1, 2020)
| 22 | | Sec. 31. Subpoenas, depositions, oaths. | 23 | | (a) The Department has the power to subpoena documents, | 24 | | books, records, or other materials and to bring before it any | 25 | | person and to take testimony either orally or by deposition, or |
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| 1 | | both, with the same fees and mileage and in the same manner as | 2 | | is prescribed in civil cases in the courts of this State. | 3 | | (b) The Secretary, the designated hearing officer, and | 4 | | every member of the Board has the power to administer oaths to | 5 | | witnesses at any hearing that the Department is authorized to | 6 | | conduct and any other oaths authorized in any Act administered | 7 | | by the Department.
| 8 | | (Source: P.A. 96-626, eff. 8-24-09.)
| 9 | | (225 ILCS 330/33) (from Ch. 111, par. 3283)
| 10 | | (Section scheduled to be repealed on January 1, 2020)
| 11 | | Sec. 33. Hearing; motion for rehearing Notice of hearing; | 12 | | Findings and recommendations . | 13 | | (a) The Board or hearing officer appointed by the Secretary | 14 | | shall hear evidence in support of the formal charges and | 15 | | evidence produced by the licensee. At the conclusion of the | 16 | | hearing, the Board or hearing officer shall present to the | 17 | | Secretary a written report of its findings of fact, conclusions | 18 | | of law, and recommendations. If the Board fails to present its | 19 | | report, the applicant or licensee may request in writing a | 20 | | direct appeal to the Secretary, in which case the Secretary may | 21 | | issue an order based upon the report of the hearing officer and | 22 | | the record of the proceedings or issue an order remanding the | 23 | | matter back to the hearing officer for additional proceedings | 24 | | in accordance with the order. | 25 | | (b) At the conclusion of the hearing, a copy of the Board's |
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| 1 | | or hearing officer's report shall be served upon the applicant | 2 | | or licensee, either personally or as provided in this Act for | 3 | | the service of the notice of hearing. Within 20 calendar days | 4 | | after such service, the applicant or licensee may present to | 5 | | the Department a motion, in writing, for a rehearing that shall | 6 | | specify the particular grounds for rehearing. The Department | 7 | | may respond to the motion for rehearing within 20 calendar days | 8 | | after its service on the Department. If no motion for rehearing | 9 | | is filed, then upon the expiration of the time specified for | 10 | | filing such a motion, or upon denial of a motion for rehearing, | 11 | | the Secretary may enter an order in accordance with the | 12 | | recommendations of the Board or hearing officer. If the | 13 | | applicant or licensee orders from the reporting service and | 14 | | pays for a transcript of the record within the time for filing | 15 | | a motion for rehearing, the 20 calendar day period within which | 16 | | a motion may be filed shall commence upon delivery of the | 17 | | transcript to the applicant or licensee. | 18 | | (c) If the Secretary disagrees in any regard with the | 19 | | report of the Board, the Secretary may issue an order contrary | 20 | | to the report. | 21 | | (d) Whenever the Secretary is not satisfied that | 22 | | substantial justice has been done, the Secretary may order a | 23 | | hearing by the same or another hearing officer. | 24 | | (e) At any point in any investigation or disciplinary | 25 | | proceeding provided for in this Act, both parties may agree to | 26 | | a negotiated consent order. The consent order shall be final |
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| 1 | | upon signature of the Secretary. | 2 | | At the
conclusion of the hearing the Board shall present to the | 3 | | Secretary a written
report of its findings and recommendations. | 4 | | The report shall contain a
finding whether or not the accused | 5 | | person violated this Act or failed to
comply with the | 6 | | conditions required in this Act. The Board shall specify
the | 7 | | nature of the violation or failure to comply, and shall make | 8 | | its
recommendations to the Secretary.
| 9 | | The report of findings and recommendations of the Board | 10 | | shall be the basis
for the Department's order unless the | 11 | | Secretary disagrees with the Board, in which case the Secretary | 12 | | may
issue an order in contravention of the Board report stating | 13 | | the reasons
for the order. The report, findings, and | 14 | | recommendations are not admissible in
evidence against the | 15 | | person in a criminal prosecution brought for the
violation of | 16 | | this Act, but the hearing and findings are not a bar to a
| 17 | | criminal prosecution brought for the violation of this Act.
| 18 | | (Source: P.A. 96-626, eff. 8-24-09.)
| 19 | | (225 ILCS 330/36) (from Ch. 111, par. 3286)
| 20 | | (Section scheduled to be repealed on January 1, 2020)
| 21 | | Sec. 36. Hearing Appointment of a hearing officer. | 22 | | Notwithstanding any provision in the provisions of Section 33 | 23 | | of this Act, the Secretary has
the authority to appoint any | 24 | | attorney duly licensed to practice law in the
State of Illinois | 25 | | to serve as the hearing officer in any action for refusal to |
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| 1 | | issue or renew a license or discipline a licensee . The Board | 2 | | may have at least one member present at any hearing conducted | 3 | | by the hearing officer. The hearing officer has full authority | 4 | | to conduct the
hearing. The Board has the right to have at | 5 | | least one member
present at any hearing conducted by such | 6 | | hearing officer. The hearing
officer shall report his or her | 7 | | findings of fact, conclusions of law , and
recommendations to | 8 | | the Board and to the Secretary. The Board shall have 60
days | 9 | | from receipt of the report to review the report of the hearing | 10 | | officer
and present their findings of fact, conclusions of law | 11 | | and recommendations
to the Secretary. If the Board fails to | 12 | | present its report within the 60 day period,
the Secretary | 13 | | shall issue an order based on the report of the hearing
| 14 | | officer. If the Secretary disagrees in any regard with the | 15 | | report of the
Board or hearing officer, he or she may issue an | 16 | | order in contravention thereof.
The Secretary shall notify the | 17 | | Board on any such deviation and shall specify with | 18 | | particularity the reasons for such action in the final order | 19 | | provide a written explanation to the Board on any such
| 20 | | deviation .
| 21 | | (Source: P.A. 96-626, eff. 8-24-09.)
| 22 | | (225 ILCS 330/38) (from Ch. 111, par. 3288)
| 23 | | (Section scheduled to be repealed on January 1, 2020)
| 24 | | Sec. 38. Restoration from disciplinary status of suspended | 25 | | or revoked license . |
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| 1 | | (a) At any time
after the successful completion of a term | 2 | | of probation, suspension , or revocation of any license under | 3 | | this Act , the Department may
restore the license it to the | 4 | | licensee accused person upon the written recommendation of the
| 5 | | Board, unless after an investigation and a hearing the | 6 | | Department Board determines
that restoration is not in the | 7 | | public interest.
| 8 | | (b) Where circumstances of suspension or revocation so | 9 | | indicate, the Department may require an examination of the | 10 | | licensee before restoring his or her license. | 11 | | (c) No person whose license has been revoked as authorized | 12 | | in this Act may apply for restoration of that license until | 13 | | such time as provided for in the Department of Professional | 14 | | Regulation Law of the Civil Administrative Code of Illinois. | 15 | | (d) A license that has been suspended or revoked shall be | 16 | | considered nonrenewed for purposes of restoration and a | 17 | | licensee restoring his or her license from suspension or | 18 | | revocation must comply with the requirements for restoration as | 19 | | set forth in Section 18 and any related rules adopted. | 20 | | (Source: P.A. 86-987 .)
| 21 | | (225 ILCS 330/40) (from Ch. 111, par. 3290)
| 22 | | (Section scheduled to be repealed on January 1, 2020)
| 23 | | Sec. 40. Temporary suspension of a license. The Secretary | 24 | | may
temporarily suspend the license of a professional land | 25 | | surveyor Professional Land Surveyor or surveyor intern |
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| 1 | | Surveyor Intern without a
hearing, simultaneously with the | 2 | | institution of proceedings for a hearing
under Section 29 of | 3 | | this Act , if the Secretary finds that
evidence in his or her | 4 | | possession indicates that a professional land surveyor's | 5 | | Professional Land Surveyor's
or surveyor intern's Surveyor | 6 | | Intern's continuation in practice would constitute an
imminent | 7 | | danger to the public.
If In the event that the Secretary | 8 | | temporarily suspends the license of a
professional land | 9 | | surveyor Professional Land Surveyor or surveyor intern | 10 | | Surveyor Intern without a hearing,
a hearing by the Board must
| 11 | | be commenced within 30 days after such suspension has occurred.
| 12 | | (Source: P.A. 100-171, eff. 1-1-18 .)
| 13 | | (225 ILCS 330/41) (from Ch. 111, par. 3291)
| 14 | | (Section scheduled to be repealed on January 1, 2020)
| 15 | | Sec. 41. Review under Administrative review Review Law . | 16 | | (a) All final
administrative decisions of the Department | 17 | | under this Act are subject to
judicial review pursuant to the | 18 | | Administrative Review
Law , as now or hereafter amended,
and its | 19 | | rules. The term "administrative decision"
is defined as in | 20 | | Section 3-101 of the Code of Civil Procedure.
| 21 | | (b) Proceedings for judicial review shall be commenced in | 22 | | the circuit court Circuit Court of
the county in which the | 23 | | party applying for review resides , but ; provided, that
if the | 24 | | such party is not a resident of this State, the venue shall be | 25 | | in Sangamon County.
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| 1 | | (c) The Department shall not be required to certify any | 2 | | record to the court or file any answer in court or to otherwise | 3 | | appear in any court in a judicial review proceeding unless and | 4 | | until the Department has received from the plaintiff payment of | 5 | | the costs of furnishing and certifying the record, which costs | 6 | | shall be determined by the Department. | 7 | | (d) Failure on the part of the plaintiff to file a receipt | 8 | | in court shall be grounds for dismissal of the action. | 9 | | (e) During the pendency and hearing of any and all judicial | 10 | | proceedings incident to a disciplinary action the sanctions | 11 | | imposed upon the plaintiff by the Department shall remain in | 12 | | full force and effect. | 13 | | (Source: P.A. 86-987 .)
| 14 | | (225 ILCS 330/44) (from Ch. 111, par. 3294)
| 15 | | (Section scheduled to be repealed on January 1, 2020)
| 16 | | Sec. 44. Plats and licenses as prima facie evidence; record | 17 | | Record of plats. All plats and licenses issued by a | 18 | | professional land surveyor Professional Land Surveyor under
| 19 | | his or her hand and seal shall be received as prima facie | 20 | | evidence in all courts
in this State. A professional land | 21 | | surveyor Professional Land Surveyor is entitled to have his or | 22 | | her plats recorded in the
county where the land affected lies; | 23 | | provided, however, plats of
subdivision or dedication are | 24 | | subject to any statutory provisions relating to the
approval, | 25 | | recording , and filing of plats of subdivision or dedication.
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| 1 | | (Source: P.A. 86-987 .)
| 2 | | (225 ILCS 330/45) (from Ch. 111, par. 3295)
| 3 | | (Section scheduled to be repealed on January 1, 2020)
| 4 | | Sec. 45. Entry upon adjoining land; liability Liability for | 5 | | damages. A
professional land surveyor Professional Land | 6 | | Surveyor , or persons under his or her direct supervision,
| 7 | | together with his or her survey party, who, in the course of | 8 | | making a survey, finds
it necessary to go upon the land of a | 9 | | party or parties other than the one
for whom the survey is | 10 | | being made is not liable for civil or criminal
trespass and is | 11 | | liable only for any actual damage done to
the land or property.
| 12 | | (Source: P.A. 93-467, eff. 1-1-04 .)
| 13 | | (225 ILCS 330/46) (from Ch. 111, par. 3296)
| 14 | | (Section scheduled to be repealed on January 1, 2020)
| 15 | | Sec. 46. Illinois Administrative Procedure Act. The | 16 | | Illinois
Administrative Procedure Act is expressly adopted and | 17 | | incorporated
as if all of the provisions of that Act were | 18 | | included in this Act,
except that the provision of subsection | 19 | | (d) of Section
10-65 of the Illinois Administrative Procedure | 20 | | Act that provides that at
hearings the licensee has the right | 21 | | to show compliance
with all lawful requirements for retention, | 22 | | continuation , or renewal of
the license is specifically | 23 | | excluded. For the purpose of this Act , the
notice required | 24 | | under Section 10-25 of the Illinois Administrative Procedure
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| 1 | | Act is deemed sufficient when mailed or emailed to the last | 2 | | known address of record a party .
| 3 | | (Source: P.A. 88-45 .)
| 4 | | (225 ILCS 330/48) (from Ch. 111, par. 3298)
| 5 | | (Section scheduled to be repealed on January 1, 2020)
| 6 | | Sec. 48. Fund, appropriations, investments and audits. The | 7 | | moneys
deposited into in the Design Professionals | 8 | | Administration and Investigation Fund
from fines and fees under | 9 | | this Act shall be appropriated to the Department
exclusively | 10 | | for expenses of the Department and the Board in the
| 11 | | administration of this Act, the Illinois Architecture Practice | 12 | | Act, the
Professional Engineering Practice Act of 1989, and the | 13 | | Structural
Engineering Practice Act of 1989. The expenses of | 14 | | the Department under
this Act shall be limited to the ordinary | 15 | | and contingent expenses of the
Design Professionals Dedicated | 16 | | Employees within the Department as
established under Section | 17 | | 2105-75 of the Department of
Professional Regulation Law of the | 18 | | Civil Administrative Code of Illinois (20 ILCS 2105/2105-75)
| 19 | | and other expenses related to the administration and | 20 | | enforcement of this Act.
| 21 | | Moneys from the Fund may also be used for direct and | 22 | | allocable indirect
costs related to the public purposes of the | 23 | | Department of Financial and Professional
Regulation. Moneys in | 24 | | the Fund may be transferred to the Professions Indirect
Cost | 25 | | Fund as authorized by Section 2105-300 of the Department of
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| 1 | | Professional Regulation Law of the Civil Administrative Code of | 2 | | Illinois (20 ILCS 2105/2105-300) .
| 3 | | Moneys in the Design Professionals Administration and | 4 | | Investigation Fund
may be invested and reinvested with all | 5 | | earnings received from the
investments to be deposited into in | 6 | | the Design Professionals Administration and
Investigation Fund | 7 | | and used for the same purposes as fees deposited into in
that | 8 | | Fund.
| 9 | | All fines and penalties under Sections 16 and 27 shall be | 10 | | deposited into the Design Professionals Administration and | 11 | | Investigation Fund. | 12 | | Upon the completion of any audit of the Department as | 13 | | prescribed by the
Illinois State Auditing Act that includes an | 14 | | audit of the Design
Professionals Administration and | 15 | | Investigation Fund, the Department shall
make the audit open to | 16 | | inspection by any interested person. The copy of
the audit | 17 | | report required to be submitted to the Department by this
| 18 | | Section is in addition to copies of audit reports required to | 19 | | be submitted
to other State officers and agencies by Section | 20 | | 3-14 of the Illinois State
Auditing Act.
| 21 | | (Source: P.A. 100-171, eff. 1-1-18 .)
| 22 | | (225 ILCS 330/9 rep.) | 23 | | (225 ILCS 330/16.5 rep.) | 24 | | (225 ILCS 330/22 rep.) | 25 | | (225 ILCS 330/23 rep.) |
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| 1 | | (225 ILCS 330/34 rep.) | 2 | | (225 ILCS 330/35 rep.) | 3 | | (225 ILCS 330/42 rep.) | 4 | | (225 ILCS 330/43 rep.) | 5 | | Section 15. The Illinois Professional Land Surveyor Act of | 6 | | 1989 is amended by repealing Sections 9, 16.5, 22, 23, 34, 35, | 7 | | 42, and 43. | 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.".
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