Full Text of HB2777 102nd General Assembly
HB2777eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Regulatory Sunset Act is amended by | 5 | | changing Sections 4.32 and 4.37 as follows: | 6 | | (5 ILCS 80/4.32) | 7 | | Sec. 4.32. Acts repealed on January 1, 2022. The following | 8 | | Acts are repealed on January 1, 2022: | 9 | | The Boxing and Full-contact Martial Arts Act. | 10 | | The Cemetery Oversight Act. | 11 | | The Collateral Recovery Act. | 12 | | The Community Association Manager Licensing and | 13 | | Disciplinary Act. | 14 | | The Crematory Regulation Act. | 15 | | The Detection of Deception Examiners Act.
| 16 | | The Home Inspector License Act.
| 17 | | The Illinois Health Information Exchange and Technology | 18 | | Act. | 19 | | The Medical Practice Act of 1987. | 20 | | The Registered Interior Designers Act.
| 21 | | The Massage Licensing Act.
| 22 | | The Petroleum Equipment Contractors Licensing Act.
| 23 | | The Radiation Protection Act of 1990. |
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| 1 | | The Real Estate Appraiser Licensing Act of 2002. | 2 | | The Water Well and Pump Installation Contractor's License | 3 | | Act. | 4 | | (Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19; | 5 | | 101-614, eff. 12-20-19; 101-639, eff. 6-12-20.) | 6 | | (5 ILCS 80/4.37) | 7 | | Sec. 4.37. Acts and Articles repealed on January 1, 2027. | 8 | | The following are repealed on January 1, 2027: | 9 | | The Clinical Psychologist Licensing Act.
| 10 | | The Illinois Optometric Practice Act of 1987. | 11 | | Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
| 12 | | XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
| 13 | | The Boiler and Pressure Vessel Repairer Regulation Act. | 14 | | The Marriage and Family Therapy Licensing Act. | 15 | | The Cemetery Oversight Act. | 16 | | (Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16; | 17 | | 99-910, eff. 12-16-16; 99-911, eff. 12-16-16; 100-201, eff. | 18 | | 8-18-17; 100-372, eff. 8-25-17.) | 19 | | Section 10. The Department of Professional Regulation Law | 20 | | of the
Civil Administrative Code of Illinois is amended by | 21 | | changing Sections 2105-35 and 2105-120 as follows: | 22 | | (20 ILCS 2105/2105-35) | 23 | | Sec. 2105-35. Prohibited uses of roster of information. |
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| 1 | | Notwithstanding any other provision of law to the contrary, | 2 | | any roster of information including, but not limited to, the | 3 | | licensee's name, address, and profession, shall not be used by | 4 | | a third party for the purpose of marketing goods or services | 5 | | not related to the licensee's profession. Rosters provided by | 6 | | the Department shall comply with the requirements set forth | 7 | | under the Freedom of Information Act.
| 8 | | (Source: P.A. 96-978, eff. 7-2-10.)
| 9 | | (20 ILCS 2105/2105-120) (was 20 ILCS 2105/60g)
| 10 | | Sec. 2105-120. Board's report; licensee's or applicant's | 11 | | motion for rehearing.
| 12 | | (a) The board shall present to the Secretary Director its | 13 | | written report of its
findings and recommendations. A copy of | 14 | | the report shall be served upon the licensee or applicant, | 15 | | either personally or by mail or email as provided in Section
| 16 | | 2105-100 for the service of the notice. The Secretary may | 17 | | issue an order that deviates from the board's report and is not | 18 | | required to provide the board with an explanation of the | 19 | | deviation.
| 20 | | (b) Within 20 days after the service required under | 21 | | subsection (a), the licensee or applicant
may present to the | 22 | | Department a motion in writing for a rehearing.
The written | 23 | | motion shall specify the particular grounds for a rehearing. | 24 | | If
the licensee or applicant orders and pays for a transcript | 25 | | of the record as provided in
Section 2105-115, the time |
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| 1 | | elapsing thereafter and before the
transcript is ready for | 2 | | delivery to the licensee or applicant shall not be counted as
| 3 | | part of the 20 days.
| 4 | | (Source: P.A. 99-227, eff. 8-3-15; 100-262, eff. 8-22-17.)
| 5 | | Section 15. The Cemetery Oversight Act is amended by | 6 | | changing Sections 5-15, 5-20, 5-25, 10-20, 10-21, 10-25, | 7 | | 10-40, 10-55, 20-10, 25-3, 25-5, 25-10, 25-15, 25-25, 25-30, | 8 | | 25-35, 25-90, 25-95, 25-105, 25-115, 35-5, 35-15, and 75-45 | 9 | | and by adding Sections 5-16, 5-26, 25-26, and 25-126 as | 10 | | follows: | 11 | | (225 ILCS 411/5-15) | 12 | | (Section scheduled to be repealed on January 1, 2022)
| 13 | | Sec. 5-15. Definitions. In this Act: | 14 | | "Address of record" means the designated address recorded | 15 | | by the Department in the applicant's or licensee's application | 16 | | file or license file. It is the duty of the applicant or | 17 | | licensee to inform the Department of any change of address | 18 | | within 14 days either through the Department's website or by | 19 | | contacting the Department's licensure maintenance unit. The | 20 | | address of record for a cemetery authority shall be the | 21 | | permanent street address of the cemetery. | 22 | | "Applicant" means a person applying for licensure under | 23 | | this Act as a cemetery authority, cemetery manager, or | 24 | | customer service employee. Any applicant or any person who |
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| 1 | | holds himself or herself out as an applicant is considered a | 2 | | licensee for purposes of enforcement, investigation, hearings, | 3 | | and the Illinois Administrative Procedure Act. | 4 | | "Burial permit" means a permit provided by a licensed | 5 | | funeral director for the disposition of a dead human body. | 6 | | "Care" means the maintenance of a cemetery and of the | 7 | | lots, graves, crypts, niches, family mausoleums, memorials, | 8 | | and markers therein, including: (i) the cutting and trimming | 9 | | of lawn, shrubs, and trees at reasonable intervals; (ii) | 10 | | keeping in repair the drains, water lines, roads, buildings, | 11 | | fences, and other structures, in keeping with a | 12 | | well-maintained cemetery as provided for in Section 20-5 of | 13 | | this Act and otherwise as required by rule; (iii) maintenance | 14 | | of machinery, tools, and equipment for such care; (iv) | 15 | | compensation of cemetery workers, any discretionary payment of | 16 | | insurance premiums, and any reasonable payments for workers' | 17 | | pension and other benefits plans; and (v) the payment of | 18 | | expenses necessary for such purposes and for maintaining | 19 | | necessary records of lot ownership, transfers, and burials. | 20 | | "Cemetery" means any land or structure in this State | 21 | | dedicated to and used, or intended to be used, for the | 22 | | interment, inurnment, or entombment of human remains. | 23 | | "Cemetery authority" means any individual or legal entity | 24 | | that owns or controls cemetery lands or property. | 25 | | "Cemetery manager" means an individual directly | 26 | | responsible or holding himself or herself directly responsible |
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| 1 | | for the operation, maintenance, development, or improvement of | 2 | | a cemetery that is or shall be licensed under this Act or shall | 3 | | be licensed pursuant to Section 10-39 of this Act , | 4 | | irrespective of whether the individual is paid by the licensed | 5 | | cemetery authority or a third party. This definition does not | 6 | | include a volunteer who receives no compensation, either | 7 | | directly or indirectly, for his or her work as a cemetery | 8 | | manager. | 9 | | "Cemetery merchandise" means items of personal property | 10 | | normally sold by a cemetery authority not covered under the | 11 | | Illinois Funeral or Burial Funds Act, including, but not | 12 | | limited to: (1) memorials, (2) markers, (3) monuments, (4) | 13 | | foundations and installations, and (5) outer burial | 14 | | containers. | 15 | | "Cemetery operation" means to engage in any or all of the | 16 | | following, whether on behalf of, or in the absence of, a | 17 | | cemetery authority: (i) the interment, entombment, or | 18 | | inurnment of human remains, (ii) the sale of interment, | 19 | | entombment, or inurnment rights, cemetery merchandise, or | 20 | | cemetery services, (iii) the maintenance of interment rights | 21 | | ownership records, (iv) the maintenance of or reporting of | 22 | | interment, entombment, or inurnment records, (v) the | 23 | | maintenance of cemetery property, (vi) the development or | 24 | | improvement of cemetery grounds, or (vii) the maintenance and | 25 | | execution of business documents, including State and federal | 26 | | government reporting and the payment of taxes, for a cemetery |
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| 1 | | business entity. | 2 | | "Cemetery Oversight Database" means a database certified | 3 | | by the Department as effective in tracking the interment, | 4 | | entombment, or inurnment of human remains.
| 5 | | "Cemetery services" means those services customarily | 6 | | performed by cemetery personnel in connection with the | 7 | | interment, entombment, or inurnment of a dead human body. | 8 | | "Certificate of organization" means the document received | 9 | | by a cemetery association from the Secretary of State that | 10 | | indicates that the cemetery association shall be deemed fully | 11 | | organized as a body corporate under the name adopted and in its | 12 | | corporate name may sue and be sued. | 13 | | "Comptroller" means the Comptroller of the State of | 14 | | Illinois. | 15 | | "Confidential information" means unique identifiers, | 16 | | including a person's Social Security number, home address, | 17 | | home phone number, personal phone number, personal email | 18 | | address, personal financial information, and any other | 19 | | information protected by law. | 20 | | "Consumer" means an individual who purchases or who is | 21 | | considering purchasing cemetery, burial, or cremation products | 22 | | or services from a cemetery authority, whether for themselves | 23 | | or for another person. | 24 | | "Customer service employee" means an individual who has | 25 | | direct contact with consumers to explain cemetery merchandise, | 26 | | services, and interment rights and to execute the sale of |
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| 1 | | those items to consumers, whether at the cemetery or an | 2 | | off-site location, irrespective of whether compensation is | 3 | | paid by the cemetery authority or a third party. This | 4 | | definition does not include a volunteer who receives no | 5 | | compensation, either directly or indirectly, for his or her | 6 | | work as a customer service employee. | 7 | | "Department" means the Department of Financial and | 8 | | Professional Regulation. | 9 | | "Email address of record" means the designated email | 10 | | address recorded by the Department in the applicant's | 11 | | application file or the licensee's license file as maintained | 12 | | by the Department's licensure maintenance unit. | 13 | | "Employee" means an individual who works for a cemetery | 14 | | authority where the cemetery authority has the right to | 15 | | control what work is performed and the details of how the work | 16 | | is performed regardless of whether federal or State payroll | 17 | | taxes are withheld. | 18 | | "Entombment right" means the right to place individual | 19 | | human remains or individual cremated human remains in a | 20 | | specific mausoleum crypt or lawn crypt selected by a consumer | 21 | | for use as a final resting place. | 22 | | "Family burying ground" means a cemetery in which no lots, | 23 | | crypts, or niches are sold to the public and in which | 24 | | interments, inurnments, and entombments are restricted to the | 25 | | immediate family or a group of individuals related to each | 26 | | other by blood or marriage. |
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| 1 | | "Full exemption" means an exemption granted to a cemetery | 2 | | authority pursuant to subsection (a) of Section 5-20. | 3 | | "Funeral director" means a funeral director as defined by | 4 | | the Funeral Directors and Embalmers Licensing Code. | 5 | | "Grave" means a space of ground in a cemetery used or | 6 | | intended to be used for burial. | 7 | | "Green burial or cremation disposition" means burial or | 8 | | cremation practices that reduce the greenhouse gas emissions, | 9 | | waste, and toxic chemicals ordinarily created in burial or | 10 | | cremation or, in the case of greenhouse gas emissions, | 11 | | mitigate or offset emissions. Such practices include any | 12 | | standards or method for burial or cremation that the | 13 | | Department may name by rule. | 14 | | "Immediate family" means the designated agent of a person | 15 | | or the persons given priority for the disposition of a | 16 | | person's remains under the Disposition of Remains Act and | 17 | | shall include a person's spouse, parents, grandparents, | 18 | | children, grandchildren and siblings. | 19 | | "Individual" means a natural person. | 20 | | "Interment right" means the right to place individual | 21 | | human remains or cremated human remains in a specific | 22 | | underground location selected by a consumer for use as a final | 23 | | resting place. | 24 | | "Inurnment right" means the right to place individual | 25 | | cremated human remains in a specific niche selected by the | 26 | | consumer for use as a final resting place. |
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| 1 | | "Lawn crypt" means a permanent underground crypt installed | 2 | | in multiple units for the entombment of human remains. | 3 | | "Licensee" means a person licensed under this Act as a | 4 | | cemetery authority, cemetery manager, or customer service | 5 | | employee. Anyone who holds himself or herself out as a | 6 | | licensee or who is accused of unlicensed practice is | 7 | | considered a licensee for purposes of enforcement, | 8 | | investigation, hearings, and the Illinois Administrative | 9 | | Procedure Act. | 10 | | "Mausoleum crypt" means a grouping of spaces constructed | 11 | | of reinforced concrete or similar material constructed or | 12 | | assembled above the ground for entombing remains. | 13 | | "Niche" means a space in a columbarium or mausoleum used, | 14 | | or intended to be used, for inurnment of cremated human | 15 | | remains. | 16 | | "Partial exemption" means an exemption granted to a | 17 | | cemetery authority pursuant to subsection (b) of Section 5-20. | 18 | | "Parcel identification number" means a unique number | 19 | | assigned by the Cemetery Oversight Database to a grave, plot, | 20 | | crypt, or niche that enables the Department to ascertain the | 21 | | precise location of a decedent's remains interred, entombed, | 22 | | or inurned after the effective date of this Act. | 23 | | "Person" means any individual, firm, partnership, | 24 | | association, corporation, limited liability company, trustee, | 25 | | government or political subdivision, or other entity. | 26 | | "Public cemetery" means a cemetery owned, operated, |
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| 1 | | controlled, or managed by the federal government, by any | 2 | | state, county, city, village, incorporated town, township, | 3 | | multi-township, public cemetery district, or other municipal | 4 | | corporation, political subdivision, or instrumentality thereof | 5 | | authorized by law to own, operate, or manage a cemetery. | 6 | | "Religious burying ground" means a cemetery in which no | 7 | | lots, crypts, or niches are sold and in which interments, | 8 | | inurnments, and entombments are restricted to a group of | 9 | | individuals all belonging to a religious order or granted | 10 | | burial rights by special consideration of the religious order. | 11 | | "Religious cemetery" means a cemetery owned, operated, | 12 | | controlled, and managed by any recognized church, religious | 13 | | society, association, or denomination, or by any cemetery | 14 | | authority or any corporation administering, or through which | 15 | | is administered, the temporalities of any recognized church, | 16 | | religious society, association, or denomination. | 17 | | "Secretary" means the Secretary of Financial and | 18 | | Professional Regulation or a person authorized by the | 19 | | Secretary to act in the Secretary's stead . | 20 | | "Term burial" means a right of interment sold to a | 21 | | consumer in which the cemetery authority retains the right to | 22 | | disinter and relocate the remains, subject to the provisions | 23 | | of subsection (d) of Section 35-15 of this Act. | 24 | | "Trustee" means any person authorized to hold funds under | 25 | | this Act. | 26 | | "Unique personal identifier" means the parcel |
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| 1 | | identification number in addition to the term of burial in | 2 | | years; the numbered level or depth in the grave, plot, crypt, | 3 | | or niche; and the year of death for human remains interred, | 4 | | entombed, or inurned after the effective date of this Act. The | 5 | | unique personal identifier is assigned by the Cemetery | 6 | | Oversight Database.
| 7 | | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .) | 8 | | (225 ILCS 411/5-16 new) | 9 | | Sec. 5-16. Address of record; email address of record. All | 10 | | applicants and licensees shall: | 11 | | (1) provide a valid address and email address to the | 12 | | Department, which shall serve as the address of record and | 13 | | email address of record, respectively, at the time of | 14 | | application for licensure or renewal of a license; and | 15 | | (2) inform the Department of any change of address of | 16 | | record or email address of record within 14 days after | 17 | | such change either through the Department's website or by | 18 | | contacting the Department's licensure maintenance unit. | 19 | | (225 ILCS 411/5-20) | 20 | | (Section scheduled to be repealed on January 1, 2022)
| 21 | | Sec. 5-20. Exemptions.
| 22 | | (a) Full exemption. Except as provided in this subsection, | 23 | | this Act does not apply to (1) any cemetery authority | 24 | | operating as a family burying ground or religious burying |
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| 1 | | ground, (2) any cemetery authority that has not engaged in an | 2 | | interment, inurnment, or entombment of human remains within | 3 | | the last 10 years, or (3) any cemetery authority that is less | 4 | | than 3 acres. For purposes of determining the applicability of | 5 | | this subsection, the number of interments, inurnments, and | 6 | | entombments shall be aggregated for each calendar year. A | 7 | | cemetery authority claiming a full exemption shall apply for | 8 | | exempt status as provided for in Section 10-20 of this Act. A | 9 | | cemetery authority claiming a full exemption shall be subject | 10 | | to Sections 10-40, 10-55, and 10-60 of this Act. A cemetery | 11 | | authority that performs activities that would disqualify it | 12 | | from a full exemption is required to apply for licensure | 13 | | within one year following the date on which its activities | 14 | | would disqualify it for a full exemption. A cemetery authority | 15 | | that previously qualified for and maintained a full exemption | 16 | | that fails to timely apply for licensure shall be deemed to | 17 | | have engaged in unlicensed practice and shall be subject to | 18 | | discipline in accordance with Article 25 of this Act. | 19 | | (b) Partial exemption. If a cemetery authority does not | 20 | | qualify for a full exemption and (1) engages in 25 or fewer | 21 | | interments, inurnments, or entombments of human remains for | 22 | | each of the preceding 2 calendar years, (2) operates as a | 23 | | public cemetery, or (3) operates as a religious cemetery, then | 24 | | the cemetery authority is partially exempt from this Act but | 25 | | shall be required to comply with Sections 10-23, 10-40, 10-55, | 26 | | 10-60, subsections (a), (b), (b-5), (c), (d), (f), (g), and |
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| 1 | | (h) of Section 20-5, Sections 20-6, 20-8, 20-10, 20-12, 20-30, | 2 | | 20-35, 20-40, 25-3, and 25-120, and Article 35 of this Act. | 3 | | Cemetery authorities claiming a partial exemption shall apply | 4 | | for the partial exemption as provided in Section 10-20 of this | 5 | | Act. A cemetery authority that changes to a status that would | 6 | | disqualify it from a partial exemption is required to apply | 7 | | for licensure within one year following the date on which it | 8 | | changes its status. A cemetery authority that maintains a | 9 | | partial exemption that fails to timely apply for licensure | 10 | | shall be deemed to have engaged in unlicensed practice and | 11 | | shall be subject to discipline in accordance with Article 25 | 12 | | of this Act.
| 13 | | (c) Nothing in this Act applies to the City of Chicago in | 14 | | its exercise of its powers under the O'Hare Modernization Act | 15 | | or limits the authority of the City of Chicago to acquire | 16 | | property or otherwise exercise its powers under the O'Hare | 17 | | Modernization Act, or requires the City of Chicago, or any | 18 | | person acting on behalf of the City of Chicago, to comply with | 19 | | the licensing, regulation, or investigation , or mediation | 20 | | requirements of this Act in exercising its powers under the | 21 | | O'Hare Modernization Act.
| 22 | | (d) A cemetery manager and customer service employee | 23 | | license may be in active status only during the period that | 24 | | such a licensee is employed by a cemetery authority that is | 25 | | licensed under this Act. In the event that a cemetery manager | 26 | | or customer service employee commences work for a cemetery |
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| 1 | | granted an exemption under this Section, it shall be a duty of | 2 | | both the cemetery authority and the individual licensee to | 3 | | immediately notify the Department so that the license may be | 4 | | placed on inactive status. During the period that a license is | 5 | | in inactive status, the involved person may not hold himself | 6 | | or herself out as licensed. Upon returning to employment by a | 7 | | cemetery licensed under this Act, such a cemetery manager or | 8 | | customer service employee may reinstate the license to active | 9 | | status simply by notifying the Department and paying the | 10 | | applicable fee. | 11 | | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .) | 12 | | (225 ILCS 411/5-25) | 13 | | (Section scheduled to be repealed on January 1, 2022)
| 14 | | Sec. 5-25. Powers and duties of the Department. The | 15 | | Department shall, subject Subject to the provisions of this | 16 | | Act, the Department may exercise the following functions, | 17 | | powers , and duties : | 18 | | (1) Authorize certification programs to ascertain the | 19 | | qualifications and fitness of applicants for licensing as | 20 | | a licensed cemetery manager or as a customer service | 21 | | employee to ascertain whether they possess the requisite | 22 | | level of knowledge for such position. | 23 | | (2) Examine a licensed cemetery authority's records | 24 | | from any year or any other aspects of cemetery operation | 25 | | as the Department deems appropriate. |
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| 1 | | (3) Investigate any and all cemetery operations. | 2 | | (4) Conduct hearings on proceedings to refuse to | 3 | | issue , or renew , or restore licenses or to revoke, | 4 | | suspend, place on probation, or reprimand , or otherwise | 5 | | discipline a licensee license under this Act or take other | 6 | | non-disciplinary action . | 7 | | (5) Adopt reasonable rules required for the | 8 | | administration of this Act. | 9 | | (6) Prescribe forms to be issued for the | 10 | | administration and enforcement of this Act. | 11 | | (7) (Blank). Maintain rosters of the names and | 12 | | addresses of all licensees and all persons whose licenses | 13 | | have been suspended, revoked, denied renewal, or otherwise | 14 | | disciplined within the previous calendar year. These | 15 | | rosters shall be available upon written request and | 16 | | payment of the required fee as established by rule. | 17 | | (8) Work with the Office of the Comptroller and the | 18 | | Department of Public Health, Division of Vital Records to | 19 | | exchange information and request additional information | 20 | | relating to a licensed cemetery authority. | 21 | | (9) Investigate cemetery contracts, grounds, or | 22 | | employee records. | 23 | | (10) Issue licenses to those who meet the requirements | 24 | | of this Act. | 25 | | (11) Conduct investigations related to possible | 26 | | violations of this Act. |
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| 1 | | If the Department exercises its authority to conduct | 2 | | investigations under this Section, the Department shall | 3 | | provide the cemetery authority with information sufficient to | 4 | | challenge the allegation. If the complainant consents, then | 5 | | the Department shall provide the cemetery authority with the | 6 | | identity of and contact information for the complainant so as | 7 | | to allow the cemetery authority and the complainant to resolve | 8 | | the complaint directly. Except as otherwise provided in this | 9 | | Act, any complaint received by the Department and any | 10 | | information collected to investigate the complaint shall be | 11 | | maintained by the Department for the confidential use of the | 12 | | Department and shall not be disclosed. The Department may not | 13 | | disclose the information to anyone other than law enforcement | 14 | | officials or other regulatory agencies or persons that have an | 15 | | appropriate regulatory interest, as determined by the | 16 | | Secretary, or to a party presenting a lawful subpoena to the | 17 | | Department. Information and documents disclosed to a federal, | 18 | | state, county, or local law enforcement agency shall not be | 19 | | disclosed by the agency for any purpose to any other agency or | 20 | | person. A formal complaint filed against a licensee by the | 21 | | Department or any order issued by the Department against a | 22 | | licensee or applicant shall be a public record, except as | 23 | | otherwise prohibited by law.
| 24 | | (Source: P.A. 99-78, eff. 7-20-15 .) | 25 | | (225 ILCS 411/5-26 new) |
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| 1 | | Sec. 5-26. Confidentiality. All information collected by | 2 | | the Department in the course of an examination or | 3 | | investigation of a licensee or applicant, including, but not | 4 | | limited to, any complaint against a licensee filed with the | 5 | | Department and information collected to investigate any such | 6 | | complaint, shall be maintained for the confidential use of the | 7 | | Department and shall not be disclosed. The Department may not | 8 | | disclose the information to anyone other than law enforcement | 9 | | officials, other regulatory agencies that have an appropriate | 10 | | regulatory interest as determined by the Secretary, or a party | 11 | | presenting a lawful subpoena to the Department. Information | 12 | | and documents disclosed to a federal, State, county, or local | 13 | | law enforcement agency shall not be disclosed by the agency | 14 | | for any purpose to any other agency or person. A formal | 15 | | complaint filed against a licensee by the Department or any | 16 | | order issued by the Department against a licensee or applicant | 17 | | shall be a public record, except as otherwise prohibited by | 18 | | law. | 19 | | (225 ILCS 411/10-20) | 20 | | (Section scheduled to be repealed on January 1, 2022)
| 21 | | Sec. 10-20. Application for original license or exemption. | 22 | | (a) Applications for original licensure as a cemetery | 23 | | authority, cemetery manager, or customer service employee | 24 | | authorized by this Act, or application for exemption from | 25 | | licensure as a cemetery authority, shall be made to the |
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| 1 | | Department in writing on forms or electronically as prescribed | 2 | | by the Department, which shall include the applicant's Social | 3 | | Security number or FEIN number, or both, and shall be | 4 | | accompanied by the required fee that shall not be refundable. | 5 | | as set by Section 10-55 of this Act and further refined by | 6 | | rule. Applications for partial or full exemption from | 7 | | licensure as a cemetery authority shall be submitted to the | 8 | | Department within 6 months after the Department adopts rules | 9 | | under this Act. If the person fails to submit the application | 10 | | for partial or full exemption within this period, the person | 11 | | shall be subject to discipline in accordance with Article 25 | 12 | | of this Act. The process for renewing a full or partial | 13 | | exemption shall be set by rule. If a cemetery authority seeks | 14 | | to practice at more than one location, it shall meet all | 15 | | licensure requirements at each location as required by this | 16 | | Act and by rule, including submission of an application and | 17 | | fee. All applications shall contain information that, in the | 18 | | judgment of the Department, will enable the Department to pass | 19 | | on the qualifications of the applicant for a license under | 20 | | this Act. | 21 | | (b) (Blank). | 22 | | (c) After initial licensure, if any person comes to obtain | 23 | | at least 51% of the ownership over the licensed cemetery | 24 | | authority, then the cemetery authority shall have to apply for | 25 | | a new license and receive licensure in the required time as set | 26 | | by rule. The current license remains in effect until the |
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| 1 | | Department takes action on the application for a new license. | 2 | | (d) (Blank). All applications shall contain the | 3 | | information that, in the judgment of the Department, will | 4 | | enable the Department to pass on the qualifications of the | 5 | | applicant for an exemption from licensure or for a license to | 6 | | practice as a cemetery authority, cemetery manager, or | 7 | | customer service employee as set by rule.
| 8 | | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .) | 9 | | (225 ILCS 411/10-21) | 10 | | (Section scheduled to be repealed on January 1, 2022)
| 11 | | Sec. 10-21. Qualifications for licensure. | 12 | | (a) A cemetery authority shall apply for licensure on | 13 | | forms prescribed by the Department and pay the required fee. | 14 | | An applicant is qualified for licensure as a cemetery | 15 | | authority if the applicant meets all of the following | 16 | | qualifications: | 17 | | (1) The applicant has not committed any act or offense | 18 | | in any jurisdiction that would constitute the basis for | 19 | | discipline under this Act. When considering such license, | 20 | | the Department shall take into consideration the | 21 | | following: | 22 | | (A) the applicant's record of compliance with the | 23 | | Code of Professional Conduct and Ethics, and whether | 24 | | the applicant has been found to have engaged in any | 25 | | unethical or dishonest practices in the cemetery |
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| 1 | | business; | 2 | | (B) whether the applicant has been adjudicated, | 3 | | civilly or criminally, to have committed fraud or to | 4 | | have violated any law of any state involving unfair | 5 | | trade or business practices, has been convicted of a | 6 | | misdemeanor of which fraud is an essential element or | 7 | | which involves any aspect of the cemetery business, or | 8 | | has been convicted of any felony; | 9 | | (C) whether the applicant has willfully violated | 10 | | any provision of this Act or a predecessor law or any | 11 | | regulations relating thereto; | 12 | | (D) whether the applicant has been permanently or | 13 | | temporarily suspended, enjoined, or barred by any | 14 | | court of competent jurisdiction in any state from | 15 | | engaging in or continuing any conduct or practice | 16 | | involving any aspect of the cemetery or funeral | 17 | | business; and | 18 | | (E) whether the applicant has ever had any license | 19 | | to practice any profession or occupation suspended, | 20 | | denied, fined, or otherwise acted against or | 21 | | disciplined by the applicable licensing authority. | 22 | | If the applicant is a corporation, limited liability | 23 | | company, partnership, or other entity permitted by law, | 24 | | then the Department shall determine whether each | 25 | | principal, owner, member, officer, and shareholder holding | 26 | | 25% or more of corporate stock has met the requirements of |
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| 1 | | this item (1) of subsection (a) of this Section. | 2 | | (2) The applicant must provide a statement of its | 3 | | assets and liabilities to the Department. | 4 | | (3) The applicant has not, within the preceding 10 | 5 | | years, been convicted of or entered a plea of guilty or | 6 | | nolo contendere to (i) a Class X felony or (ii) a felony, | 7 | | an essential element of which was fraud or dishonesty | 8 | | under the laws of this State, another state, the United | 9 | | States, or a foreign jurisdiction that is directly related | 10 | | to the practice of cemetery operations . If the applicant | 11 | | is a corporation, limited liability company, partnership, | 12 | | or other entity permitted by law, then each principal, | 13 | | owner, member, officer, and shareholder holding 25% or | 14 | | more of corporate stock has not, within the preceding 10 | 15 | | years, been convicted of or entered a plea of guilty or | 16 | | nolo contendere to (i) a Class X felony or (ii) a felony, | 17 | | an essential element of which was fraud or dishonesty | 18 | | under the laws of this State, another state, the United | 19 | | States, or a foreign jurisdiction that is directly related | 20 | | to the practice of cemetery operations . | 21 | | (4) The applicant shall authorize the Department to | 22 | | conduct a criminal background check that does not involve | 23 | | fingerprinting. | 24 | | (5) In the case of a person or entity applying for | 25 | | renewal of his, her, or its license, the applicant has | 26 | | complied with all other requirements of this Act and the |
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| 1 | | rules adopted for the implementation of this Act. | 2 | | (b) The cemetery manager and customer service employees of | 3 | | a licensed cemetery authority shall apply for licensure as a | 4 | | cemetery manager or customer service employee on forms | 5 | | prescribed by the Department and pay the required fee. A | 6 | | person is qualified for licensure as a cemetery manager or | 7 | | customer service employee if he or she meets all of the | 8 | | following requirements: | 9 | | (1) Is at least 18 years of age. | 10 | | (2) Has acted in an ethical manner as set forth in | 11 | | Section 10-23 of this Act. In determining qualifications | 12 | | of licensure, the Department shall take into consideration | 13 | | the factors outlined in item (1) of subsection (a) of this | 14 | | Section. | 15 | | (3) Submits proof of successful completion of a high | 16 | | school education or its equivalent as established by rule. | 17 | | (4) The applicant shall authorize the Department to | 18 | | conduct a criminal background check that does not involve | 19 | | fingerprinting. | 20 | | (5) Has not committed a violation of this Act or any | 21 | | rules adopted under this Act that, in the opinion of the | 22 | | Department, renders the applicant unqualified to be a | 23 | | cemetery manager. | 24 | | (6) Submits proof of successful completion of a | 25 | | certification course recognized by the Department for a | 26 | | cemetery manager or customer service employee, whichever |
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| 1 | | the case may be. | 2 | | (7) Has not, within the preceding 10 years, been | 3 | | convicted of or entered a plea of guilty or nolo | 4 | | contendere to (i) a Class X felony or (ii) a felony, an | 5 | | essential element of which was fraud or dishonesty under | 6 | | the laws of this State, another state, the United States, | 7 | | or a foreign jurisdiction that is directly related to the | 8 | | practice of cemetery operations . | 9 | | (8) (Blank). | 10 | | (9) In the case of a person applying for renewal of his | 11 | | or her license, has complied with all other requirements | 12 | | of this Act and the rules adopted for implementation of | 13 | | this Act. | 14 | | (c) Each applicant for a cemetery authority, cemetery | 15 | | manager, or customer service employee license shall authorize | 16 | | the Department to conduct a criminal background check that | 17 | | does not involve fingerprinting. The Department must, in turn, | 18 | | conduct the criminal background check on each applicant. The | 19 | | Department shall adopt rules to implement this subsection (c), | 20 | | but in no event shall the Department impose a fee upon the | 21 | | applicant for the background check.
| 22 | | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .) | 23 | | (225 ILCS 411/10-25) | 24 | | (Section scheduled to be repealed on January 1, 2022)
| 25 | | Sec. 10-25. Certification. |
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| 1 | | (a) The Department shall authorize certification programs | 2 | | for cemetery manager and customer service employee applicants. | 3 | | The certification programs must consist of education and | 4 | | training in cemetery ethics, cemetery law, and cemetery | 5 | | practices. Cemetery ethics shall include, without limitation, | 6 | | the Code of Professional Conduct and Ethics as set forth in | 7 | | Section 10-23 of this Act. Cemetery law shall include, without | 8 | | limitation, the Cemetery Oversight Act, the Cemetery Care Act, | 9 | | the Disposition of Remains Act, and the Cemetery Protection | 10 | | Act. Cemetery practices shall include, without limitation, | 11 | | treating the dead and their family members with dignity and | 12 | | respect. The certification program shall include an | 13 | | examination administered by the entity providing the | 14 | | certification. | 15 | | (a-5) An entity seeking to offer a certification program | 16 | | to cemetery manager applicants and customer service employee | 17 | | applicants must receive approval of its program from the | 18 | | Department in a manner and form prescribed by the Department | 19 | | by rule. As part of this process, the entity must submit to the | 20 | | Department the examination it offers or intends to offer as | 21 | | part of its certification program. | 22 | | (a-10) A cemetery manager applicant or customer service | 23 | | employee applicant may choose any entity that has been | 24 | | approved by the Department from which to obtain certification. | 25 | | (b) Cemetery manager applicants and customer service | 26 | | employee applicants shall pay the fee for the certification |
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| 1 | | program directly to the entity offering the program. | 2 | | (c) If the cemetery manager applicant or customer service | 3 | | employee applicant neglects, fails, or refuses to become | 4 | | certified within one year after filing an application, then | 5 | | the application shall be denied. However, the applicant may | 6 | | thereafter submit a new application accompanied by the | 7 | | required fee. The applicant shall meet the requirements in | 8 | | force at the time of making the new application. | 9 | | (d) A cemetery manager applicant or customer service | 10 | | employee applicant who has completed a certification program | 11 | | offered by an entity that has not received the Department's | 12 | | approval as required by this Section has not met the | 13 | | qualifications for licensure as set forth in Section 10-21 of | 14 | | this Act. | 15 | | (e) The Department may approve shall recognize any | 16 | | certification program that is conducted by a death care trade | 17 | | association in Illinois that has been in existence for more | 18 | | than 5 years that, in the determination of the Department, | 19 | | provides adequate education and training in cemetery law, | 20 | | cemetery ethics, and cemetery practices and administers an | 21 | | examination covering the same. | 22 | | (f) The Department may, without a hearing, summarily | 23 | | withdraw its approval of a certification program that, in the | 24 | | judgment of the Department, fails to meet the requirements of | 25 | | this Act or the rules adopted under this Act. A certification | 26 | | program that has had its approval withdrawn by the Department |
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| 1 | | may reapply for approval, but shall provide such additional | 2 | | information as may be required by the Department, including, | 3 | | but not limited to, evidence to the Department's satisfaction | 4 | | that the program is in compliance with this Act and the rules | 5 | | adopted under this Act.
| 6 | | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .) | 7 | | (225 ILCS 411/10-40) | 8 | | (Section scheduled to be repealed on January 1, 2022)
| 9 | | Sec. 10-40. Renewal, reinstatement, or restoration of | 10 | | license Expiration and renewal of license . | 11 | | (a) The expiration date and renewal period for each | 12 | | license issued under this Act shall be set by rule. The holder | 13 | | of a license may renew such license during the month preceding | 14 | | the expiration date thereof by paying the required fee. | 15 | | (b) A licensee under this Act who has permitted his or her | 16 | | license to expire or has had his or her license placed on | 17 | | inactive status may have his or her license restored by making | 18 | | application to the Department and filing proof acceptable to | 19 | | the Department of his or her fitness of having his or her | 20 | | license restored, including, but not limited to, sworn | 21 | | evidence certifying to active practice in another jurisdiction | 22 | | satisfactory to the Department, and by paying the required fee | 23 | | as determined by rule. Every cemetery authority, cemetery | 24 | | manager, and customer service employee license shall expire | 25 | | every 2 years. Every registration as a fully exempt cemetery |
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| 1 | | authority or partially exempt cemetery authority shall expire | 2 | | every 4 years. The expiration date, renewal period, and other | 3 | | requirements for each license and registration shall be | 4 | | further refined by rule.
| 5 | | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .) | 6 | | (225 ILCS 411/10-55) | 7 | | (Section scheduled to be repealed on January 1, 2022)
| 8 | | Sec. 10-55. Fees. | 9 | | (a) Except as provided in this Section, the fees for the | 10 | | administration and enforcement of this Act shall be set by the | 11 | | Department by rule. The fees shall be reasonable and shall not | 12 | | be refundable. | 13 | | (b) Cemetery manager applicants and customer service | 14 | | employee applicants shall pay any certification program or | 15 | | continuing education program fee directly to the entity | 16 | | offering the program. | 17 | | (c) The Department may waive fees based upon hardship. | 18 | | (d) Nothing shall prohibit a cemetery authority from | 19 | | paying, on behalf of its cemetery managers or customer service | 20 | | employees, their application, renewal, or restoration fees. | 21 | | (e) All fees and other moneys collected under this Act | 22 | | shall be deposited in the Cemetery Oversight Licensing and | 23 | | Disciplinary Fund.
| 24 | | (f) The fee for application as a cemetery authority | 25 | | seeking a full exemption is $0. |
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| 1 | | (g) The fee to renew registration as a fully exempt | 2 | | cemetery authority is $0. As provided in Section 10-40 of this | 3 | | Act and as further refined by rule, each registration as a | 4 | | fully exempt cemetery authority shall expire every 4 years. | 5 | | (h) The fee for application as a cemetery authority | 6 | | seeking a partial exemption is $150. | 7 | | (i) The fee to renew registration as a partially exempt | 8 | | cemetery authority is $150. As provided in Section 10-40 of | 9 | | this Act and as further refined by rule, each registration as a | 10 | | partially exempt cemetery authority shall expire every 4 | 11 | | years. | 12 | | (j) The fee for original licensure, renewal, and | 13 | | restoration as a cemetery authority not seeking a full or | 14 | | partial exemption is $75. As provided in Section 10-40 of this | 15 | | Act and as further refined by rule, each cemetery authority | 16 | | license shall expire every 2 years. | 17 | | (k) The fee for original licensure, renewal, and | 18 | | restoration as a cemetery manager is $25. As provided in | 19 | | Section 10-40 of this Act and as further refined by rule, each | 20 | | cemetery manager license shall expire every 2 years. | 21 | | (l) The fee for original licensure, renewal, and | 22 | | restoration as a customer service employee is $25. As provided | 23 | | in Section 10-40 of this Act and as further refined by rule, | 24 | | each customer service employee license shall expire every 2 | 25 | | years. | 26 | | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .) |
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| 1 | | (225 ILCS 411/20-10) | 2 | | (Section scheduled to be repealed on January 1, 2022)
| 3 | | Sec. 20-10. Contract. At the time cemetery arrangements | 4 | | are made and prior to rendering the cemetery services, a | 5 | | cemetery authority shall create a completed written contract | 6 | | to be provided to the consumer, signed by both parties by their | 7 | | actual written signatures on either paper or electronic form , | 8 | | that shall contain: (i) the date on which the arrangements | 9 | | were made; (ii) the price of the service selected and the | 10 | | services and merchandise included for that price; (iii) the | 11 | | supplemental items of service and merchandise requested and | 12 | | the price of each item; (iv) the terms or method of payment | 13 | | agreed upon; and (v) a statement as to any monetary advances | 14 | | made on behalf of the family. The cemetery authority shall | 15 | | maintain a copy of such written contract in its permanent | 16 | | records.
| 17 | | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .) | 18 | | (225 ILCS 411/25-3) | 19 | | (Section scheduled to be repealed on January 1, 2022)
| 20 | | Sec. 25-3. Exemption , investigation, mediation . All | 21 | | cemetery authorities maintaining a partial exemption must | 22 | | submit to the following investigation and mediation procedure | 23 | | by the Department in the event of a consumer complaint: | 24 | | (a) Complaints to cemetery: |
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| 1 | | (1) the cemetery authority shall make every effort | 2 | | to first resolve a consumer complaint; and
| 3 | | (2) if the complaint is not resolved, then the | 4 | | cemetery authority shall advise the consumer of his or | 5 | | her right to file a complaint with seek investigation | 6 | | and mediation by the Department. | 7 | | (b) Complaints to the Department: | 8 | | (1) if the Department receives a complaint, the | 9 | | Department shall make an initial determination as to | 10 | | whether the complaint has a reasonable basis and | 11 | | pertains to this Act;
| 12 | | (2) if the Department determines that the | 13 | | complaint has a reasonable basis and pertains to this | 14 | | Act, it shall inform the cemetery authority of the | 15 | | complaint and give it 30 days to tender a response;
| 16 | | (3) upon receiving the cemetery authority's | 17 | | response, or after the 30 days provided in subsection | 18 | | (2) of this subsection, whichever comes first, the | 19 | | Department shall attempt to resolve the complaint | 20 | | telephonically with the parties involved;
| 21 | | (4) if the complaint still is not resolved, then | 22 | | the Department shall conduct an investigation and | 23 | | mediate the complaint as provided for by rule;
| 24 | | (5) if the Department conducts an on-site | 25 | | investigation and face-to-face mediation with the | 26 | | parties, then it may charge the cemetery authority a |
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| 1 | | single investigation and mediation fee, which fee | 2 | | shall be set by rule and shall be calculated on an | 3 | | hourly basis; and
| 4 | | (6) if all attempts to resolve the consumer | 5 | | complaint as provided for in paragraphs (1) through | 6 | | (5) fail, then the cemetery authority may be subject | 7 | | to proceedings for penalties and discipline under this | 8 | | Article when it is determined by the Department that | 9 | | the cemetery authority may have engaged in any of the | 10 | | following: (i) gross malpractice; (ii) dishonorable, | 11 | | unethical, or unprofessional conduct of a character | 12 | | likely to deceive, defraud, or harm the public; (iii) | 13 | | gross, willful, or continued overcharging for | 14 | | services; (iv) incompetence; (v) unjustified failure | 15 | | to honor its contracts; or (vi) failure to adequately | 16 | | maintain its premises. The Department may issue a | 17 | | citation or institute disciplinary action and cause | 18 | | the matter to be prosecuted and may thereafter issue | 19 | | and enforce its final order as provided in this Act.
| 20 | | (Source: P.A. 96-863, eff. 3-1-10 .) | 21 | | (225 ILCS 411/25-5) | 22 | | (Section scheduled to be repealed on January 1, 2022)
| 23 | | Sec. 25-5. Citations. | 24 | | (a) The Department may adopt rules to permit the issuance | 25 | | of citations for non-frivolous complaints. The citation shall |
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| 1 | | be issued to the licensee and shall contain the licensee's | 2 | | name and address, the licensee's license number, a brief | 3 | | factual statement, the Sections of the law allegedly violated, | 4 | | and the penalty imposed. The citation must clearly state that | 5 | | the licensee may choose, in lieu of accepting the citation, to | 6 | | request a hearing. If the licensee does not dispute the matter | 7 | | in the citation with the Department within 30 days after the | 8 | | citation is served, then the citation shall become a final | 9 | | order and shall constitute discipline. The penalty shall be a | 10 | | fine or other conditions as established by rule. | 11 | | (b) The Department shall adopt rules designating | 12 | | violations for which a citation may be issued. Such rules | 13 | | shall designate as citation violations those violations for | 14 | | which there is no substantial threat to the public health, | 15 | | safety, and welfare. Citations shall not be utilized if there | 16 | | was any significant consumer harm resulting from the | 17 | | violation. | 18 | | (c) A citation must be issued within 6 months after the | 19 | | reporting of a violation that is the basis for the citation. | 20 | | (d) Service of a citation may be made by personal service , | 21 | | regular mail, or email or certified mail to the licensee at the | 22 | | licensee's address of record.
| 23 | | (Source: P.A. 96-863, eff. 3-1-10 .) | 24 | | (225 ILCS 411/25-10) | 25 | | (Section scheduled to be repealed on January 1, 2022)
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| 1 | | Sec. 25-10. Grounds for disciplinary action. | 2 | | (a) The Department may refuse to issue or renew a license | 3 | | or may revoke, suspend, place on probation, reprimand, or take | 4 | | other disciplinary or non-disciplinary action as the | 5 | | Department may deem appropriate, including imposing fines not | 6 | | to exceed $10,000 $8,000 for each violation, with regard to | 7 | | any license under this Act, for any one or combination of the | 8 | | following: | 9 | | (1) Material misstatement in furnishing information to | 10 | | the Department. | 11 | | (2) Violations of this Act, except for Section 20-8 , | 12 | | or of the rules adopted under this Act . | 13 | | (3) Conviction of or entry of a plea of guilty or nolo | 14 | | contendere, finding of guilt, jury verdict, or entry of | 15 | | judgment or sentencing, including, but not limited to, | 16 | | convictions, preceding sentences of supervision, | 17 | | conditional discharge, or first offender probation under | 18 | | the law of any jurisdiction of the United States that is | 19 | | (i) a Class X felony or (ii) a felony, an essential element | 20 | | of which is fraud or dishonesty that is directly related | 21 | | to the practice of cemetery operations. Conviction of, or | 22 | | entry of a plea of guilty or nolo contendere to, any crime | 23 | | within the last 10 years that is a Class X felony or higher | 24 | | or is a felony involving fraud and dishonesty under the | 25 | | laws of the United States or any state or territory | 26 | | thereof. |
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| 1 | | (4) Fraud or any misrepresentation in applying for or | 2 | | procuring a license under this Act or in connection with | 3 | | applying for renewal. Making any misrepresentation for the | 4 | | purpose of obtaining licensure or violating any provision | 5 | | of this Act or the rules adopted under this Act. | 6 | | (5) Incompetence or misconduct in the practice of | 7 | | cemetery operations. Professional incompetence. | 8 | | (6) Gross malpractice.
| 9 | | (7) Aiding or assisting another person in violating | 10 | | any provision of this Act or rules adopted under this Act. | 11 | | (8) Failing, within 10 business days, to provide | 12 | | information in response to a written request made by the | 13 | | Department.
| 14 | | (9) Engaging in dishonorable, unethical, or | 15 | | unprofessional conduct of a character likely to deceive, | 16 | | defraud, or harm the public. | 17 | | (10) Habitual or excessive use or abuse of drugs | 18 | | defined in law as controlled substances, alcohol, | 19 | | narcotics, stimulants, or any other substances that | 20 | | results in the inability to practice pursuant to the | 21 | | provisions of this Act with reasonable judgment, skill, or | 22 | | safety while acting under the provisions of this Act. | 23 | | Inability to practice with reasonable judgment, skill, or | 24 | | safety as a result of habitual or excessive use of | 25 | | alcohol, narcotics, stimulants, or any other chemical | 26 | | agent or drug. |
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| 1 | | (11) Discipline by another agency, state, territory, | 2 | | foreign country, the District of Columbia, the United | 3 | | States government territory , or any other government | 4 | | agency foreign nation , if at least one of the grounds for | 5 | | the discipline is the same or substantially equivalent to | 6 | | those set forth in this Act Section . | 7 | | (12) Directly or indirectly giving to or receiving | 8 | | from any person, firm, corporation, partnership, or | 9 | | association any fee, commission, rebate, or other form of | 10 | | compensation for professional services not actually or | 11 | | personally rendered. | 12 | | (13) A finding by the Department that the licensee, | 13 | | after having his or her license placed on probationary | 14 | | status, has violated the terms of probation or failed to | 15 | | comply with such terms . | 16 | | (14) Willfully making or filing false records or | 17 | | reports in his or her practice, including, but not limited | 18 | | to, false records filed with any governmental agency or | 19 | | department. | 20 | | (15) Inability to practice the profession with | 21 | | reasonable judgment, skill, or safety as a result of | 22 | | physical illness, including, but not limited to, loss of | 23 | | motor skill, mental illness, or disability . | 24 | | (16) Failure to comply with an order, decision, or | 25 | | finding of the Department made pursuant to this Act. | 26 | | (17) Directly or indirectly receiving compensation for |
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| 1 | | any professional services not actually performed. | 2 | | (18) Practicing under a false or, except as provided | 3 | | by law, an assumed name.
| 4 | | (19) Using or attempting to use an expired, inactive, | 5 | | suspended, or revoked license or impersonating another | 6 | | licensee. Fraud or misrepresentation in applying for, or | 7 | | procuring, a license under this Act or in connection with | 8 | | applying for renewal of a license under this Act. | 9 | | (20) A finding by the Department that an applicant or | 10 | | licensee has failed to pay a fine imposed by the | 11 | | Department. Cheating on or attempting to subvert the | 12 | | licensing examination administered under this Act. | 13 | | (21) Unjustified failure to honor its contracts.
| 14 | | (22) Negligent supervision of a cemetery manager, | 15 | | customer service employee, employee, or independent | 16 | | contractor.
| 17 | | (23) (Blank). A pattern of practice or other behavior | 18 | | which demonstrates incapacity or incompetence to practice | 19 | | under this Act. | 20 | | (24) (Blank). Allowing an individual who is not, but | 21 | | is required to be, licensed under this Act to perform work | 22 | | for the cemetery authority. | 23 | | (25) (Blank). | 24 | | (b) No action may be taken under this Act against a person | 25 | | licensed under this Act for an occurrence or alleged | 26 | | occurrence that predates the enactment of this Act unless the |
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| 1 | | action is commenced within 5 years after the occurrence of the | 2 | | alleged violations, except for a violation of item (3) of | 3 | | subsection (a) of this Section. If a person licensed under | 4 | | this Act violates item (3) of subsection (a) of this Section, | 5 | | then the action may commence within 10 years after the | 6 | | occurrence of the alleged violation. A continuing violation | 7 | | shall be deemed to have occurred on the date when the | 8 | | circumstances last existed that give rise to the alleged | 9 | | violation .
| 10 | | (c) In enforcing this Section, the Department, upon a | 11 | | showing of a possible violation, may order a licensee or | 12 | | applicant to submit to a mental or physical examination, or | 13 | | both, at the expense of the Department. The Department may | 14 | | order the examining physician to present testimony concerning | 15 | | his or her examination of the licensee or applicant. No | 16 | | information shall be excluded by reason of any common law or | 17 | | statutory privilege relating to communications between the | 18 | | licensee or applicant and the examining physician. The | 19 | | examining physicians shall be specifically designated by the | 20 | | Department. The licensee or applicant may have, at his or her | 21 | | own expense, another physician of his or her choice present | 22 | | during all aspects of the examination. Failure of a licensee | 23 | | or applicant to submit to any such examination when directed, | 24 | | without reasonable cause, shall be grounds for either | 25 | | immediate suspending of his or her license or immediate denial | 26 | | of his or her application. |
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| 1 | | (1) If the Secretary immediately suspends the license | 2 | | of a licensee for his or her failure to submit to a mental | 3 | | or physical examination when directed, a hearing must be | 4 | | convened by the Department within 15 days after the | 5 | | suspension and completed without appreciable delay. | 6 | | (2) If the Secretary otherwise suspends a license | 7 | | pursuant to the results of the licensee's mental or | 8 | | physical examination, a hearing must be convened by the | 9 | | Department within 15 days after the suspension and | 10 | | completed without appreciable delay. The Department shall | 11 | | have the authority to review the licensee's record of | 12 | | treatment and counseling regarding the relevant impairment | 13 | | or impairments to the extent permitted by applicable | 14 | | federal statutes and regulations safeguarding the | 15 | | confidentiality of medical records. | 16 | | (3) Any licensee suspended under this subsection shall | 17 | | be afforded an opportunity to demonstrate to the | 18 | | Department that he or she can resume practice in | 19 | | compliance with the acceptable and prevailing standards | 20 | | under the provisions of his or her license. | 21 | | (d) The determination by a circuit court that a licensee | 22 | | is subject to involuntary admission or judicial admission, as | 23 | | provided in the Mental Health and Developmental Disabilities | 24 | | Code, operates as an automatic suspension. Such suspension may | 25 | | end only upon a finding by a court that the patient is no | 26 | | longer subject to involuntary admission or judicial admission, |
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| 1 | | the issuance of an order so finding and discharging the | 2 | | patient, and the filing of a petition for restoration | 3 | | demonstrating fitness to practice. | 4 | | (e) In cases where the Department of Healthcare and Family | 5 | | Services has previously determined that a licensee or a | 6 | | potential licensee is more than 30 days delinquent in the | 7 | | payment of child support and has subsequently certified the | 8 | | delinquency to the Department, the Department shall refuse to | 9 | | issue or renew or shall revoke or suspend that person's | 10 | | license or shall take other disciplinary action against that | 11 | | person based solely upon the certification of delinquency made | 12 | | by the Department of Healthcare and Family Services under | 13 | | paragraph (5) of subsection (a) of Section 2105-15 of the | 14 | | Department of Professional Regulation Law of the Civil | 15 | | Administrative Code of Illinois. | 16 | | (f) The Department shall refuse to issue or renew or shall | 17 | | revoke or suspend a person's license or shall take other | 18 | | disciplinary action against that person for his or her failure | 19 | | to file a return, to pay the tax, penalty, or interest shown in | 20 | | a filed return, or to pay any final assessment of tax, penalty, | 21 | | or interest as required by any tax Act administered by the | 22 | | Department of Revenue, until the requirements of the tax Act | 23 | | are satisfied in accordance with subsection (g) of Section | 24 | | 2105-15 of the Department of Professional Regulation Law of | 25 | | the Civil Administrative Code of Illinois. | 26 | | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .) |
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| 1 | | (225 ILCS 411/25-15) | 2 | | (Section scheduled to be repealed on January 1, 2022)
| 3 | | Sec. 25-15. Injunction; cease Cease and desist order . | 4 | | (a) If any person or entity violates a provision of this | 5 | | Act, the Secretary may, in the name of the People of the State | 6 | | of Illinois, through the Attorney General of the State of | 7 | | Illinois, petition for an order enjoining such violation or | 8 | | for an order enforcing compliance with this Act. Upon the | 9 | | filing of a verified petition in such court, the court may | 10 | | issue a temporary restraining order, without notice or bond, | 11 | | and may preliminarily and permanently enjoin such violation. | 12 | | If it is established that such person or entity has violated or | 13 | | is violating the injunction, the court may punish the offender | 14 | | for contempt of court. Proceedings under this Section are in | 15 | | addition to, and not in lieu of, all other remedies and | 16 | | penalties provided by this Act. The Secretary may issue an | 17 | | order to cease and desist to any licensee or other person doing | 18 | | business without the required license when, in the opinion of | 19 | | the Secretary, the licensee or other person is violating or is | 20 | | about to violate any provision of this Act or any rule or | 21 | | requirement imposed in writing by the Department. | 22 | | (b) Whenever in the opinion of the Department any person | 23 | | or entity violates any provision of this Act, the Department | 24 | | may issue a rule to show cause why an order to cease and desist | 25 | | should not be entered against them. The rule shall clearly set |
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| 1 | | forth the grounds relied upon by the Department and shall | 2 | | provide a period of 7 days from the date of the rule to file an | 3 | | answer to the satisfaction of the Department. Failure to | 4 | | answer to the satisfaction of the Department shall cause an | 5 | | order to cease and desist to be issued immediately. The | 6 | | Secretary may issue an order to cease and desist prior to a | 7 | | hearing and such order shall be in full force and effect until | 8 | | a final administrative order is entered.
| 9 | | (c) The Secretary shall serve notice of his or her action, | 10 | | designated as an order to cease and desist made pursuant to | 11 | | this Section, including a statement of the reasons for the | 12 | | action, either personally or by certified mail, return receipt | 13 | | requested. Service by certified mail shall be deemed completed | 14 | | when the notice is deposited in the United States mail and sent | 15 | | to the address of record or, in the case of unlicensed | 16 | | activity, the address known to the Department. | 17 | | (d) Within 15 days after service of the order to cease and | 18 | | desist, the licensee or other person may request, in writing, | 19 | | a hearing. | 20 | | (e) The Secretary shall schedule a hearing within 30 days | 21 | | after the request for a hearing unless otherwise agreed to by | 22 | | the parties. | 23 | | (f) The Secretary shall have the authority to prescribe | 24 | | rules for the administration of this Section. | 25 | | (g) If, after hearing, it is determined that the Secretary | 26 | | has the authority to issue the order to cease and desist, he or |
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| 1 | | she may issue such orders as may be reasonably necessary to | 2 | | correct, eliminate, or remedy such conduct. | 3 | | (h) The powers vested in the Secretary by this Section are | 4 | | additional to any and all other powers and remedies vested in | 5 | | the Secretary by law and nothing in this Section shall be | 6 | | construed as requiring that the Secretary shall employ the | 7 | | power conferred in this Section instead of or as a condition | 8 | | precedent to the exercise of any other power or remedy vested | 9 | | in the Secretary.
| 10 | | (Source: P.A. 96-863, eff. 3-1-10 .) | 11 | | (225 ILCS 411/25-25) | 12 | | (Section scheduled to be repealed on January 1, 2022)
| 13 | | Sec. 25-25. Investigations, notice, hearings. | 14 | | (a) The Department may investigate the actions of any | 15 | | applicant or of any person or entity holding or claiming to | 16 | | hold a license under this Act. The Department may at any time | 17 | | investigate the actions of any applicant or of any person or | 18 | | persons rendering or offering to render services as a cemetery | 19 | | authority, cemetery manager, or customer service employee of | 20 | | or any person holding or claiming to hold a license as a | 21 | | licensed cemetery authority, cemetery manager, or customer | 22 | | service employee. If it appears to the Department that a | 23 | | person has engaged in, is engaging in, or is about to engage in | 24 | | any practice declared to be unlawful by this Act, then the | 25 | | Department may: (1) require that person to file on such terms |
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| 1 | | as the Department prescribes a statement or report in writing, | 2 | | under oath or otherwise, containing all information the | 3 | | Department may consider necessary to ascertain whether a | 4 | | licensee is in compliance with this Act, or whether an | 5 | | unlicensed person is engaging in activities for which a | 6 | | license is required; (2) examine under oath any individual in | 7 | | connection with the books and records pertaining to or having | 8 | | an impact upon the operation of a cemetery; (3) examine any | 9 | | books and records of the licensee that the Department may | 10 | | consider necessary to ascertain compliance with this Act; and | 11 | | (4) require the production of a copy of any record, book, | 12 | | document, account, or paper that is produced in accordance | 13 | | with this Act and retain it in his or her possession until the | 14 | | completion of all proceedings in connection with which it is | 15 | | produced. | 16 | | (b) The Department shall, before disciplining an applicant | 17 | | or licensee, at least 30 days prior to the date set for the | 18 | | hearing: (i) notify, in writing, the accused of the charges | 19 | | made and the time and place for the hearing on the charges, | 20 | | (ii) direct him or her to file a written answer to the charges | 21 | | under oath within 20 days after service of the notice, and | 22 | | (iii) inform the applicant or licensee that failure to file an | 23 | | answer will result in a default being entered against the | 24 | | applicant or licensee. The Secretary may, after 10 days notice | 25 | | by certified mail with return receipt requested to the | 26 | | licensee at the address of record or to the last known address |
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| 1 | | of any other person stating the contemplated action and in | 2 | | general the grounds therefor, fine such licensee an amount not | 3 | | exceeding $10,000 per violation or revoke, suspend, refuse to | 4 | | renew, place on probation, or reprimand any license issued | 5 | | under this Act if he or she finds that:
| 6 | | (1) the licensee has failed to comply with any | 7 | | provision of this Act or any order, decision, finding, | 8 | | rule, regulation, or direction of the Secretary lawfully | 9 | | made pursuant to the authority of this Act; or
| 10 | | (2) any fact or condition exists which, if it had | 11 | | existed at the time of the original application for the | 12 | | license, clearly would have warranted the Secretary in | 13 | | refusing to issue the license.
| 14 | | (c) Written or electronic notice, and any notice in the | 15 | | subsequent proceedings, may be served by personal delivery, by | 16 | | email, or by mail to the applicant or licensee at his or her | 17 | | address of record or email address of record. The Secretary | 18 | | may fine, revoke, suspend, refuse to renew, place on | 19 | | probation, reprimand, or take any other disciplinary action as | 20 | | to the particular license with respect to which grounds for | 21 | | the fine, revocation, suspension, refuse to renew, probation, | 22 | | or reprimand, or other disciplinary action occur or exist, but | 23 | | if the Secretary finds that grounds for revocation are of | 24 | | general application to all offices or to more than one office | 25 | | of the licensee, the Secretary shall fine, revoke, suspend, | 26 | | refuse to renew, place on probation, reprimand, or otherwise |
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| 1 | | discipline every license to which such grounds apply. | 2 | | (d) At the time and place fixed in the notice, the hearing | 3 | | officer appointed by the Secretary shall proceed to hear the | 4 | | charges and the parties or their counsel shall be accorded | 5 | | ample opportunity to present any statement, testimony, | 6 | | evidence, and argument as may be pertinent to the charges or to | 7 | | their defense. The hearing officer may continue the hearing | 8 | | from time to time. In every case in which a license is revoked, | 9 | | suspended, placed on probation, reprimanded, or otherwise | 10 | | disciplined, the Secretary shall serve the licensee with | 11 | | notice of his or her action, including a statement of the | 12 | | reasons for his or her actions, either personally or by | 13 | | certified mail, return receipt requested. Service by certified | 14 | | mail shall be deemed completed when the notice is deposited in | 15 | | the United States mail and sent to the address of record. | 16 | | (e) In case the licensee or applicant, after receiving the | 17 | | notice, fails to file an answer, his or her license may, in the | 18 | | discretion of the Secretary, be suspended, revoked, or placed | 19 | | on probationary status, or be subject to whatever disciplinary | 20 | | action the Secretary considers proper, including limiting the | 21 | | scope, nature, or extent of the person's practice or | 22 | | imposition of a fine, without hearing, if the act or acts | 23 | | charged constitute sufficient grounds for the action under | 24 | | this Act. An order assessing a fine, an order revoking, | 25 | | suspending, placing on probation, or reprimanding a license | 26 | | or, an order denying renewal of a license shall take effect |
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| 1 | | upon service of the order unless the licensee requests, in | 2 | | writing, within 20 days after the date of service, a hearing. | 3 | | In the event a hearing is requested, an order issued under this | 4 | | Section shall be stayed until a final administrative order is | 5 | | entered. | 6 | | (f) If the licensee requests a hearing, then the Secretary | 7 | | shall schedule a hearing within 30 days after the request for a | 8 | | hearing unless otherwise agreed to by the parties. The | 9 | | Secretary shall have the authority to appoint an attorney duly | 10 | | licensed to practice law in the State of Illinois to serve as | 11 | | the hearing officer in any disciplinary action with regard to | 12 | | a license. The hearing officer shall have full authority to | 13 | | conduct the hearing. | 14 | | (g) The hearing shall be held at the time and place | 15 | | designated by the Secretary. | 16 | | (h) The Secretary shall have the authority to prescribe | 17 | | rules for the administration of this Section. | 18 | | (i) Fines imposed and any costs assessed shall be paid | 19 | | within 60 days.
| 20 | | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .) | 21 | | (225 ILCS 411/25-26 new) | 22 | | Sec. 25-26. Hearing officer. Notwithstanding any provision | 23 | | of this Act, the Secretary has the authority to appoint an | 24 | | attorney licensed to practice law in the State of Illinois to | 25 | | serve as the hearing officer in any action for refusal to issue |
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| 1 | | or renew a license or discipline a license. The hearing | 2 | | officer shall have full authority to conduct the hearing. The | 3 | | hearing officer shall report his or her findings of fact, | 4 | | conclusions of law, and recommendations to the Secretary. | 5 | | (225 ILCS 411/25-30) | 6 | | (Section scheduled to be repealed on January 1, 2022)
| 7 | | Sec. 25-30. Hearing; motion for rehearing Consent order . | 8 | | (a) The hearing officer appointed by the Secretary shall | 9 | | hear evidence in support of the formal charges and evidence | 10 | | produced by the licensee. At the conclusion of the hearing, | 11 | | the hearing officer shall present to the Secretary a written | 12 | | report of his or her findings of fact, conclusions of law, and | 13 | | recommendations. | 14 | | (b) At the conclusion of the hearing, a copy of the hearing | 15 | | officer's report shall be served upon the applicant or | 16 | | licensee, either personally or as provided in this Act for the | 17 | | service of the notice of hearing. Within 20 calendar days | 18 | | after such service, the applicant or licensee may present to | 19 | | the Department a motion, in writing, for a rehearing which | 20 | | shall specify the particular grounds for rehearing. The | 21 | | Department may respond to the motion for rehearing within 20 | 22 | | calendar days after its service on the Department. If no | 23 | | motion for rehearing is filed, then upon the expiration of the | 24 | | time specified for filing such a motion, or upon denial of a | 25 | | motion for rehearing, the Secretary may enter an order in |
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| 1 | | accordance with the recommendations of the hearing officer. If | 2 | | the applicant or licensee orders from the reporting service | 3 | | and pays for a transcript of the record within the time for | 4 | | filing a motion for rehearing, the 20 calendar day period | 5 | | within which a motion may be filed shall commence upon | 6 | | delivery of the transcript to the applicant or licensee. | 7 | | (c) If the Secretary disagrees in any regard with the | 8 | | report of the hearing officer, the Secretary may issue an | 9 | | order contrary to the report. | 10 | | (d) Whenever the Secretary is not satisfied that | 11 | | substantial justice has been done, the Secretary may order a | 12 | | hearing by the same or another hearing officer. | 13 | | (e) At any point in any investigation or disciplinary | 14 | | proceeding provided for in this Act, both parties may agree to | 15 | | a negotiated consent order. The consent order shall be final | 16 | | upon signature of the Secretary. | 17 | | At any point in any investigation or disciplinary proceeding | 18 | | provided for in this Act, both parties may agree to a | 19 | | negotiated consent order. The consent order shall be final | 20 | | upon signature of the Secretary.
| 21 | | (Source: P.A. 96-863, eff. 3-1-10 .) | 22 | | (225 ILCS 411/25-35) | 23 | | (Section scheduled to be repealed on January 1, 2022)
| 24 | | Sec. 25-35. Record of proceedings ; transcript . | 25 | | (a) The Department, at its expense, shall provide a |
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| 1 | | certified shorthand reporter to take down the testimony and | 2 | | preserve a record of all proceedings at the hearing of any case | 3 | | in which a licensee may be revoked, suspended, placed on | 4 | | probationary status, reprimanded, fined, or subjected to other | 5 | | disciplinary action with reference to the license when a | 6 | | disciplinary action is authorized under this Act and rules. | 7 | | The notice of hearing, complaint, and all other documents in | 8 | | the nature of pleadings and written portions filed in the | 9 | | proceedings, the transcript of the testimony, the report of | 10 | | the hearing officer, and the orders of the Department shall be | 11 | | the record of the proceedings. The record may be made | 12 | | available to any person interested in the hearing upon payment | 13 | | of the fee required by Section 2105-115 of the Department of | 14 | | Professional Regulation Law shall preserve a record of all | 15 | | proceedings at the formal hearing of any case. Any notice, all | 16 | | documents in the nature of pleadings, written motions filed in | 17 | | the proceedings, the transcripts of testimony, and orders of | 18 | | the Department shall be in the record of the proceeding .
| 19 | | (b) The Department may contract for court reporting | 20 | | services, and, if it does so, the Department shall provide the | 21 | | name and contact information for the certified shorthand | 22 | | reporter who transcribed the testimony at a hearing to any | 23 | | person interested, who may obtain a copy of the transcript of | 24 | | any proceedings at a hearing upon payment of the fee specified | 25 | | by the certified shorthand reporter. | 26 | | (Source: P.A. 96-863, eff. 3-1-10 .) |
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| 1 | | (225 ILCS 411/25-90) | 2 | | (Section scheduled to be repealed on January 1, 2022)
| 3 | | Sec. 25-90. Restoration of license from discipline. | 4 | | (a) At any time after the successful completion of a term | 5 | | of indefinite probation, suspension, or revocation of a | 6 | | license under this Act , the Department may restore the license | 7 | | to the licensee, unless after an investigation and a hearing | 8 | | the Secretary determines that restoration is not in the public | 9 | | interest.
| 10 | | (b) Where circumstances of suspension or revocation so | 11 | | indicate, the Department may require an examination of the | 12 | | licensee prior to restoring his or her license. | 13 | | (c) No person whose license has been revoked as authorized | 14 | | in this Act may apply for restoration of that license until | 15 | | such time as provided for in the Civil Administrative Code of | 16 | | Illinois. | 17 | | (d) A license that has been suspended or revoked shall be | 18 | | considered non-renewed for purposes of restoration and a | 19 | | licensee restoring his or her license from suspension or | 20 | | revocation must comply with the requirements for restoration | 21 | | as set forth in Section 10-40. | 22 | | (Source: P.A. 96-863, eff. 3-1-10 .) | 23 | | (225 ILCS 411/25-95) | 24 | | (Section scheduled to be repealed on January 1, 2022)
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| 1 | | Sec. 25-95. Administrative review; venue. | 2 | | (a) All final administrative decisions of the Department | 3 | | are subject to judicial review under the Administrative Review | 4 | | Law and its rules. The term "administrative decision" is | 5 | | defined as in Section 3-101 of the Code of Civil Procedure. | 6 | | (b) Proceedings for judicial review shall be commenced in | 7 | | the circuit court of the county in which the party applying for | 8 | | review resides, but if the party is not a resident of Illinois, | 9 | | the venue shall be in Sangamon County.
| 10 | | (c) The Department shall not be required to certify any | 11 | | record to the court or file any answer in court, or to | 12 | | otherwise appear in any court in a judicial review proceeding, | 13 | | unless and until the Department has received from the | 14 | | plaintiff payment of the costs of furnishing and certifying | 15 | | the record, which costs shall be determined by the Department. | 16 | | (d) Failure on the part of the plaintiff to file a receipt | 17 | | in court shall be grounds for dismissal of the action. | 18 | | (Source: P.A. 96-863, eff. 3-1-10 .) | 19 | | (225 ILCS 411/25-105) | 20 | | (Section scheduled to be repealed on January 1, 2022)
| 21 | | Sec. 25-105. Unlicensed practice; violations; civil | 22 | | penalty Violations . | 23 | | (a) Any person who practices, offers to practice, attempts | 24 | | to practice, or hold himself or herself out as a cemetery | 25 | | manager or customer service employee as provided in this Act |
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| 1 | | without being licensed or exempt under this Act shall, in | 2 | | addition to any other penalty provided by law, pay a civil | 3 | | penalty to the Department in an amount not to exceed $10,000 | 4 | | for each offense, as determined by the Department. The civil | 5 | | penalty shall be assessed by the Department after a hearing is | 6 | | held in accordance with the provision set forth in this Act | 7 | | regarding the provision of a hearing for the discipline of a | 8 | | licensee. | 9 | | (b) The Department may investigate any actual, alleged, or | 10 | | suspected unlicensed activity. | 11 | | (c) The civil penalty shall be paid within 60 days after | 12 | | the effective date of the order imposing the civil penalty. | 13 | | The order shall constitute a judgment and may be filed and | 14 | | execution had thereon in the same manner as any judgment from | 15 | | any court of record. | 16 | | (d) A person or entity not licensed under this Act who has | 17 | | violated any provision of this Act or its rules is guilty of a | 18 | | Class A misdemeanor for the first offense and a Class 4 felony | 19 | | for a second and subsequent offenses. | 20 | | Each of the following acts is a Class A misdemeanor for the | 21 | | first offense and a Class 4 felony for each subsequent | 22 | | offense: | 23 | | (1) the practice of or attempted practice of or | 24 | | holding out as available to practice as a cemetery | 25 | | authority, cemetery manager, or customer service employee | 26 | | without a license; or |
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| 1 | | (2) the obtaining of or the attempt to obtain any | 2 | | license or authorization under this Act by fraud or | 3 | | misrepresentation.
| 4 | | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .) | 5 | | (225 ILCS 411/25-115) | 6 | | (Section scheduled to be repealed on January 1, 2022)
| 7 | | Sec. 25-115. Illinois Administrative Procedure Act; | 8 | | application. The Illinois Administrative Procedure Act is | 9 | | expressly adopted and incorporated in this Act as if all of the | 10 | | provisions of that Act were included in this Act, except that | 11 | | the provision of paragraph (d) of Section 10-65 of the | 12 | | Illinois Administrative Procedure Act, which provides that at | 13 | | hearings the licensee has the right to show compliance with | 14 | | all lawful requirements for retention or continuation or | 15 | | renewal of the license, is specifically excluded. The | 16 | | Department shall not be required to annually verify email | 17 | | addresses as specified in paragraph (a) of subsection (2) of | 18 | | Section 10-75 of the Illinois Administrative Procedure Act. | 19 | | For the purpose of this Act, the notice required under Section | 20 | | 10-25 of the Illinois Administrative Procedure Act is | 21 | | considered sufficient when mailed to the address of record or | 22 | | emailed to the email address of record .
| 23 | | (Source: P.A. 96-863, eff. 3-1-10 .) | 24 | | (225 ILCS 411/35-5) |
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| 1 | | (Section scheduled to be repealed on January 1, 2022)
| 2 | | Sec. 35-5. Penalties. Cemetery authorities shall respect | 3 | | the rights of consumers of cemetery products and services as | 4 | | put forth in this Article. Failure to abide by the cemetery | 5 | | duties listed in this Article or to comply with a request by a | 6 | | consumer based on a consumer's privileges under this Article | 7 | | may activate the mediation, citation, or disciplinary | 8 | | processes in Article 25 of this Act.
| 9 | | (Source: P.A. 96-863, eff. 3-1-10 .) | 10 | | (225 ILCS 411/35-15) | 11 | | (Section scheduled to be repealed on January 1, 2022)
| 12 | | Sec. 35-15. Cemetery duties.
| 13 | | (a) Prices for all cemetery-related products offered for | 14 | | sale by the cemetery authority must be disclosed to the | 15 | | consumer in writing on a standardized price list. | 16 | | Memorialization pricing may be disclosed in price ranges. The | 17 | | price list shall include the effective dates of the prices. | 18 | | The price list shall include not only the range of interment, | 19 | | inurnment, and entombment rights, and the cost of extending | 20 | | the term of any term burial, but also any related merchandise | 21 | | or services offered by the cemetery authority. Charges for | 22 | | installation of markers, monuments, and vaults in cemeteries | 23 | | must be the same without regard to where the item is purchased. | 24 | | (b) A contract for the interment, inurnment, or entombment | 25 | | of human remains must be signed by both parties: the consumer |
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| 1 | | and the cemetery authority or its representative. Such | 2 | | signature shall be personally signed by the signor on either | 3 | | paper or electronic format and shall not include a stamp or | 4 | | electronic facsimile of the signature. Before a contract is | 5 | | signed, the prices for the purchased services and merchandise | 6 | | must be disclosed on the contract and in plain language. If a | 7 | | contract is for a term burial, the term, the option to extend | 8 | | the term, and the subsequent disposition of the human remains | 9 | | post-term must be in bold print and discussed with the | 10 | | consumer. Any contract for the sale of a burial plot, when | 11 | | designated, must disclose the exact location of the burial | 12 | | plot based on the survey of the cemetery map or plat on file | 13 | | with the cemetery authority. | 14 | | (c) A cemetery authority that has the legal right to | 15 | | extend a term burial shall, prior to disinterment, provide the | 16 | | family or other authorized agent under the Disposition of | 17 | | Remains Act the opportunity to extend the term of a term burial | 18 | | for the cost as stated on the cemetery authority's current | 19 | | price list. Regardless of whether the family or other | 20 | | authorized agent chooses to extend the term burial, the | 21 | | cemetery authority shall, prior to disinterment, provide | 22 | | notice to the family or other authorized agent under the | 23 | | Disposition of Remains Act of the cemetery authority's | 24 | | intention to disinter the remains and to inter different human | 25 | | remains in that space. | 26 | | (d) If any rules or regulations, including the operational |
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| 1 | | or maintenance requirements, of a cemetery change after the | 2 | | date a contract is signed for the purchase of cemetery-related | 3 | | or funeral-related products or services, the cemetery may not | 4 | | require the consumer, purchaser, or such individual's relative | 5 | | or representative to purchase any merchandise or service not | 6 | | included in the original contract or in the rules and | 7 | | regulations in existence when the contract was entered unless | 8 | | the purchase is reasonable or required to make the cemetery | 9 | | authority compliant with applicable law. | 10 | | (e) No cemetery authority or its agent may engage in | 11 | | deceptive or unfair practices. The cemetery authority and its | 12 | | agents may not misrepresent legal or cemetery requirements. | 13 | | (f) The Department may adopt rules regarding green burial | 14 | | certification, green cremation products and methods, and | 15 | | consumer education. | 16 | | (g) The contractual requirements contained in this Section | 17 | | only apply to contracts executed after the effective date of | 18 | | this Act.
| 19 | | (Source: P.A. 96-863, eff. 3-1-10 .) | 20 | | (225 ILCS 411/75-45) | 21 | | (Section scheduled to be repealed on January 1, 2022)
| 22 | | Sec. 75-45. Fees. The Department shall by rule provide for | 23 | | fees for the administration and enforcement of this Act, and | 24 | | those fees are nonrefundable. All of the fees , and fines , and | 25 | | all other moneys collected under this Act and fees collected |
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| 1 | | on behalf of the Department under subsection (1) of Section 25 | 2 | | of the Vital Records Act shall be deposited into the Cemetery | 3 | | Oversight Licensing and Disciplinary Fund and be appropriated | 4 | | to the Department for the ordinary and contingent expenses of | 5 | | the Department in the administration and enforcement of this | 6 | | Act.
| 7 | | (Source: P.A. 96-863, eff. 3-1-10 .)
| 8 | | (225 ILCS 411/25-1 rep.) | 9 | | (225 ILCS 411/25-50 rep.) | 10 | | (225 ILCS 411/25-55 rep.) | 11 | | (225 ILCS 411/25-60 rep.) | 12 | | (225 ILCS 411/25-100 rep.) | 13 | | (225 ILCS 411/25-110 rep.) | 14 | | (225 ILCS 411/25-120 rep.) | 15 | | (225 ILCS 411/25-125 rep.) | 16 | | (225 ILCS 411/75-20 rep.) | 17 | | (225 ILCS 411/75-35 rep.) | 18 | | Section 20. The Cemetery Oversight Act is amended by | 19 | | repealing Sections 25-1, 25-50, 25-55, 25-60, 25-100, 25-110, | 20 | | 25-120, 25-125, 75-20, and 75-35. | 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law. |
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