Full Text of HB0800 102nd General Assembly
HB0800ham004 102ND GENERAL ASSEMBLY | Rep. Jaime M. Andrade, Jr. Filed: 3/22/2021
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| 1 | | AMENDMENT TO HOUSE BILL 800
| 2 | | AMENDMENT NO. ______. Amend House Bill 800 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Community Association Manager Licensing | 5 | | and Disciplinary Act is amended by changing Section 85 as | 6 | | follows: | 7 | | (225 ILCS 427/85)
| 8 | | (Section scheduled to be repealed on January 1, 2022) | 9 | | Sec. 85. Grounds for discipline; refusal, revocation, or | 10 | | suspension. | 11 | | (a) The Department may refuse to issue or renew a license, | 12 | | or may place on probation, reprimand, suspend, or revoke any | 13 | | license, or take any other disciplinary or non-disciplinary | 14 | | action as the Department may deem proper and impose a fine not | 15 | | to exceed $10,000 for each violation upon any licensee or | 16 | | applicant under this Act or any person or entity who holds |
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| 1 | | himself, herself, or itself out as an applicant or licensee | 2 | | for any one or combination of the following causes: | 3 | | (1) Material misstatement in furnishing information to | 4 | | the Department. | 5 | | (2) Violations of this Act or its rules. | 6 | | (3) Conviction of or entry of a plea of guilty or plea | 7 | | of nolo contendere to a felony or a misdemeanor under the | 8 | | laws of the United States, any state, or any other | 9 | | jurisdiction or entry of an administrative sanction by a | 10 | | government agency in this State or any other jurisdiction. | 11 | | Action taken under this paragraph (3) for a misdemeanor or | 12 | | an administrative sanction is limited to a misdemeanor or | 13 | | administrative sanction that has as an essential element | 14 | | dishonesty or fraud, that involves larceny, embezzlement, | 15 | | or obtaining money, property, or credit by false pretenses | 16 | | or by means of a confidence game, or that is directly | 17 | | related to the practice of the profession. | 18 | | (4) Making any misrepresentation for the purpose of | 19 | | obtaining a license or violating any provision of this Act | 20 | | or its rules. | 21 | | (5) Professional incompetence. | 22 | | (6) Gross negligence. | 23 | | (7) Aiding or assisting another person in violating | 24 | | any provision of this Act or its rules. | 25 | | (8) Failing, within 30 days, to provide information in | 26 | | response to a request made by the Department. |
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| 1 | | (9) Engaging in dishonorable, unethical, or | 2 | | unprofessional conduct of a character likely to deceive, | 3 | | defraud or harm the public as defined by the rules of the | 4 | | Department, or violating the rules of professional conduct | 5 | | adopted by the Department. | 6 | | (10) Habitual or excessive use or addiction to | 7 | | alcohol, narcotics, stimulants, or any other chemical | 8 | | agent or drug that results in the inability to practice | 9 | | with reasonable judgment, skill, or safety. | 10 | | (11) Having been disciplined by another state, the | 11 | | District of Columbia, a territory, a foreign nation, or a | 12 | | governmental agency authorized to impose discipline if at | 13 | | least one of the grounds for the discipline is the same or | 14 | | substantially equivalent of one of the grounds for which a | 15 | | licensee may be disciplined under this Act. A certified | 16 | | copy of the record of the action by the other state or | 17 | | jurisdiction shall be prima facie evidence thereof. | 18 | | (12) Directly or indirectly giving to or receiving | 19 | | from any person, firm, corporation, partnership or | 20 | | association any fee, commission, rebate, or other form of | 21 | | compensation for any professional services not actually or | 22 | | personally rendered. | 23 | | (13) A finding by the Department that the licensee, | 24 | | after having his, her, or its license placed on | 25 | | probationary status, has violated the terms of probation. | 26 | | (14) Willfully making or filing false records or |
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| 1 | | reports relating to a licensee's practice, including but | 2 | | not limited to false records filed with any State or | 3 | | federal agencies or departments. | 4 | | (15) Being named as a perpetrator in an indicated | 5 | | report by the Department of Children and Family Services | 6 | | under the Abused and Neglected Child Reporting Act and | 7 | | upon proof by clear and convincing evidence that the | 8 | | licensee has caused a child to be an abused child or | 9 | | neglected child as defined in the Abused and Neglected | 10 | | Child Reporting Act. | 11 | | (16) Physical illness or mental illness or impairment, | 12 | | including, but not limited to, deterioration through the | 13 | | aging process or loss of motor skill that results in the | 14 | | inability to practice the profession with reasonable | 15 | | judgment, skill, or safety. | 16 | | (17) Solicitation of professional services by using | 17 | | false or misleading advertising. | 18 | | (18) A finding that licensure has been applied for or | 19 | | obtained by fraudulent means. | 20 | | (19) Practicing or attempting to practice under a name | 21 | | other than the full name as shown on the license or any | 22 | | other legally authorized name. | 23 | | (20) Gross overcharging for professional services | 24 | | including, but not limited to, (i) collection of fees or | 25 | | moneys for services that are not rendered; and (ii) | 26 | | charging for services that are not in accordance with the |
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| 1 | | contract between the licensee and the community | 2 | | association. | 3 | | (21) Improper commingling of personal and client funds | 4 | | in violation of this Act or any rules promulgated thereto. | 5 | | (22) Failing to account for or remit any moneys or | 6 | | documents coming into the licensee's possession that | 7 | | belong to another person or entity. | 8 | | (23) Giving differential treatment to a person that is | 9 | | to that person's detriment because of race, color, creed, | 10 | | sex, religion, or national origin. | 11 | | (24) Performing and charging for services without | 12 | | reasonable authorization to do so from the person or | 13 | | entity for whom service is being provided. | 14 | | (25) Failing to make available to the Department, upon | 15 | | request, any books, records, or forms required by this | 16 | | Act. | 17 | | (26) Purporting to be a supervising community | 18 | | association manager of a firm without active participation | 19 | | in the firm. | 20 | | (27) Failing to make available to the Department at | 21 | | the time of the request any indicia of licensure or | 22 | | registration issued under this Act. | 23 | | (28) Failing to maintain and deposit funds belonging | 24 | | to a community association in accordance with subsection | 25 | | (b) of Section 55 of this Act. | 26 | | (29) Violating the terms of a disciplinary order |
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| 1 | | issued by the Department. | 2 | | (30) Entering into any agreement for payment or | 3 | | commission with any person, corporation, party, | 4 | | partnership, or other entity that provides goods or | 5 | | services to the association. | 6 | | (b) (Blank). | 7 | | (c) The determination by a circuit court that a licensee | 8 | | is subject to involuntary admission or judicial admission, as | 9 | | provided in the Mental Health and Developmental Disabilities | 10 | | Code, operates as an automatic suspension. The suspension will | 11 | | terminate only upon a finding by a court that the patient is no | 12 | | longer subject to involuntary admission or judicial admission | 13 | | and the issuance of an order so finding and discharging the | 14 | | patient, and upon the recommendation of the Board to the | 15 | | Secretary that the licensee be allowed to resume his or her | 16 | | practice as a licensed community association manager. | 17 | | (d) In accordance with subsection (g) of Section 2105-15 | 18 | | of the Department of Professional Regulation Law of the Civil | 19 | | Administrative Code of Illinois (20 ILCS 2105/2105-15), the | 20 | | Department may refuse to issue or renew or may suspend the | 21 | | license of any person who fails to file a return, to pay the | 22 | | tax, penalty, or interest shown in a filed return, or to pay | 23 | | any final assessment of tax, penalty, or interest, as required | 24 | | by any tax Act administered by the Department of Revenue, | 25 | | until such time as the requirements of that tax Act are | 26 | | satisfied.
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| 1 | | (e) In accordance with subdivision (a)(5) of Section | 2 | | 2105-15 of the Department of Professional Regulation Law of | 3 | | the Civil Administrative Code of Illinois (20 ILCS | 4 | | 2105/2105-15) and in cases where the Department of Healthcare | 5 | | and Family Services (formerly Department of Public Aid) has | 6 | | previously determined that a licensee or a potential licensee | 7 | | is more than 30 days delinquent in the payment of child support | 8 | | and has subsequently certified the delinquency to the | 9 | | Department may refuse to issue or renew or may revoke or | 10 | | suspend that person's license or may take other disciplinary | 11 | | action against that person based solely upon the certification | 12 | | of delinquency made by the Department of Healthcare and Family | 13 | | Services. | 14 | | (f) In enforcing this Section, the Department or Board | 15 | | upon a showing of a possible violation may compel a licensee or | 16 | | an individual licensed to practice under this Act, or who has | 17 | | applied for licensure under this Act, to submit to a mental or | 18 | | physical examination, or both, as required by and at the | 19 | | expense of the Department. The Department or Board may order | 20 | | the examining physician to present testimony concerning the | 21 | | mental or physical examination of the licensee or applicant. | 22 | | No information shall be excluded by reason of any common law or | 23 | | statutory privilege relating to communications between the | 24 | | licensee or applicant and the examining physician. The | 25 | | examining physicians shall be specifically designated by the | 26 | | Board or Department. The individual to be examined may have, |
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| 1 | | at his or her own expense, another physician of his or her | 2 | | choice present during all aspects of this examination. Failure | 3 | | of an individual to submit to a mental or physical | 4 | | examination, when directed, shall be grounds for suspension of | 5 | | his or her license or denial of his or her application or | 6 | | renewal until the individual submits to the examination if the | 7 | | Department finds, after notice and hearing, that the refusal | 8 | | to submit to the examination was without reasonable cause.
| 9 | | If the Department or Board finds an individual unable to | 10 | | practice because of the reasons set forth in this Section, the | 11 | | Department or Board may require that individual to submit to | 12 | | care, counseling, or treatment by physicians approved or | 13 | | designated by the Department or Board, as a condition, term, | 14 | | or restriction for continued, reinstated, or renewed licensure | 15 | | to practice; or, in lieu of care, counseling, or treatment, | 16 | | the Department may file, or the Board may recommend to the | 17 | | Department to file, a complaint to immediately suspend, | 18 | | revoke, deny, or otherwise discipline the license of the | 19 | | individual. An individual whose license was granted, | 20 | | continued, reinstated, renewed, disciplined or supervised | 21 | | subject to such terms, conditions, or restrictions, and who | 22 | | fails to comply with such terms, conditions, or restrictions, | 23 | | shall be referred to the Secretary for a determination as to | 24 | | whether the individual shall have his or her license suspended | 25 | | immediately, pending a hearing by the Department. | 26 | | In instances in which the Secretary immediately suspends a |
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| 1 | | person's license under this Section, a hearing on that | 2 | | person's license must be convened by the Department within 30 | 3 | | days after the suspension and completed without appreciable | 4 | | delay. The Department and Board shall have the authority to | 5 | | review the subject individual's record of treatment and | 6 | | counseling regarding the impairment to the extent permitted by | 7 | | applicable federal statutes and regulations safeguarding the | 8 | | confidentiality of medical records. | 9 | | An individual licensed under this Act and affected under | 10 | | this Section shall be afforded an opportunity to demonstrate | 11 | | to the Department or Board that he or she can resume practice | 12 | | in compliance with acceptable and prevailing standards under | 13 | | the provisions of his or her license.
| 14 | | (Source: P.A. 100-872, eff. 8-14-18 .)".
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