Illinois General Assembly - Full Text of HB2777
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Full Text of HB2777  102nd General Assembly

HB2777eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB2777 EngrossedLRB102 12074 SPS 17411 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by
5changing 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 Acts repealed on January 1, 2022.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
8Acts are repealed on January 1, 2022: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
13Disciplinary 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
18Act.
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.

 

 

HB2777 Engrossed- 2 -LRB102 12074 SPS 17411 b

1    The Real Estate Appraiser Licensing Act of 2002.
2    The Water Well and Pump Installation Contractor's License
3Act.
4(Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19;
5101-614, 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 Acts and Articles repealed on January 1, 2027.
8The following are repealed on January 1, 2027: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,
12XXXI 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;
1799-910, eff. 12-16-16; 99-911, eff. 12-16-16; 100-201, eff.
188-18-17; 100-372, eff. 8-25-17.)
 
19    Section 10. The Department of Professional Regulation Law
20of the Civil Administrative Code of Illinois is amended by
21changing Sections 2105-35 and 2105-120 as follows:
 
22    (20 ILCS 2105/2105-35)
23    Sec. 2105-35. Prohibited uses of roster of information.

 

 

HB2777 Engrossed- 3 -LRB102 12074 SPS 17411 b

1Notwithstanding any other provision of law to the contrary,
2any roster of information including, but not limited to, the
3licensee's name, address, and profession, shall not be used by
4a third party for the purpose of marketing goods or services
5not related to the licensee's profession. Rosters provided by
6the Department shall comply with the requirements set forth
7under 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
11motion for rehearing.
12    (a) The board shall present to the Secretary Director its
13written report of its findings and recommendations. A copy of
14the report shall be served upon the licensee or applicant,
15either personally or by mail or email as provided in Section
162105-100 for the service of the notice. The Secretary may
17issue an order that deviates from the board's report and is not
18required to provide the board with an explanation of the
19deviation.
20    (b) Within 20 days after the service required under
21subsection (a), the licensee or applicant may present to the
22Department a motion in writing for a rehearing. The written
23motion shall specify the particular grounds for a rehearing.
24If the licensee or applicant orders and pays for a transcript
25of the record as provided in Section 2105-115, the time

 

 

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1elapsing thereafter and before the transcript is ready for
2delivery to the licensee or applicant shall not be counted as
3part 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
6changing Sections 5-15, 5-20, 5-25, 10-20, 10-21, 10-25,
710-40, 10-55, 20-10, 25-3, 25-5, 25-10, 25-15, 25-25, 25-30,
825-35, 25-90, 25-95, 25-105, 25-115, 35-5, 35-15, and 75-45
9and by adding Sections 5-16, 5-26, 25-26, and 25-126 as
10follows:
 
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
15by the Department in the applicant's or licensee's application
16file or license file. It is the duty of the applicant or
17licensee to inform the Department of any change of address
18within 14 days either through the Department's website or by
19contacting the Department's licensure maintenance unit. The
20address of record for a cemetery authority shall be the
21permanent street address of the cemetery.
22    "Applicant" means a person applying for licensure under
23this Act as a cemetery authority, cemetery manager, or
24customer service employee. Any applicant or any person who

 

 

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1holds himself or herself out as an applicant is considered a
2licensee for purposes of enforcement, investigation, hearings,
3and the Illinois Administrative Procedure Act.
4    "Burial permit" means a permit provided by a licensed
5funeral director for the disposition of a dead human body.
6    "Care" means the maintenance of a cemetery and of the
7lots, graves, crypts, niches, family mausoleums, memorials,
8and markers therein, including: (i) the cutting and trimming
9of lawn, shrubs, and trees at reasonable intervals; (ii)
10keeping in repair the drains, water lines, roads, buildings,
11fences, and other structures, in keeping with a
12well-maintained cemetery as provided for in Section 20-5 of
13this Act and otherwise as required by rule; (iii) maintenance
14of machinery, tools, and equipment for such care; (iv)
15compensation of cemetery workers, any discretionary payment of
16insurance premiums, and any reasonable payments for workers'
17pension and other benefits plans; and (v) the payment of
18expenses necessary for such purposes and for maintaining
19necessary records of lot ownership, transfers, and burials.
20    "Cemetery" means any land or structure in this State
21dedicated to and used, or intended to be used, for the
22interment, inurnment, or entombment of human remains.
23    "Cemetery authority" means any individual or legal entity
24that owns or controls cemetery lands or property.
25    "Cemetery manager" means an individual directly
26responsible or holding himself or herself directly responsible

 

 

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1for the operation, maintenance, development, or improvement of
2a cemetery that is or shall be licensed under this Act or shall
3be licensed pursuant to Section 10-39 of this Act,
4irrespective of whether the individual is paid by the licensed
5cemetery authority or a third party. This definition does not
6include a volunteer who receives no compensation, either
7directly or indirectly, for his or her work as a cemetery
8manager.
9    "Cemetery merchandise" means items of personal property
10normally sold by a cemetery authority not covered under the
11Illinois Funeral or Burial Funds Act, including, but not
12limited to: (1) memorials, (2) markers, (3) monuments, (4)
13foundations and installations, and (5) outer burial
14containers.
15    "Cemetery operation" means to engage in any or all of the
16following, whether on behalf of, or in the absence of, a
17cemetery authority: (i) the interment, entombment, or
18inurnment of human remains, (ii) the sale of interment,
19entombment, or inurnment rights, cemetery merchandise, or
20cemetery services, (iii) the maintenance of interment rights
21ownership records, (iv) the maintenance of or reporting of
22interment, entombment, or inurnment records, (v) the
23maintenance of cemetery property, (vi) the development or
24improvement of cemetery grounds, or (vii) the maintenance and
25execution of business documents, including State and federal
26government reporting and the payment of taxes, for a cemetery

 

 

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1business entity.
2    "Cemetery Oversight Database" means a database certified
3by the Department as effective in tracking the interment,
4entombment, or inurnment of human remains.
5    "Cemetery services" means those services customarily
6performed by cemetery personnel in connection with the
7interment, entombment, or inurnment of a dead human body.
8    "Certificate of organization" means the document received
9by a cemetery association from the Secretary of State that
10indicates that the cemetery association shall be deemed fully
11organized as a body corporate under the name adopted and in its
12corporate name may sue and be sued.
13    "Comptroller" means the Comptroller of the State of
14Illinois.
15    "Confidential information" means unique identifiers,
16including a person's Social Security number, home address,
17home phone number, personal phone number, personal email
18address, personal financial information, and any other
19information protected by law.
20    "Consumer" means an individual who purchases or who is
21considering purchasing cemetery, burial, or cremation products
22or services from a cemetery authority, whether for themselves
23or for another person.
24    "Customer service employee" means an individual who has
25direct contact with consumers to explain cemetery merchandise,
26services, and interment rights and to execute the sale of

 

 

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1those items to consumers, whether at the cemetery or an
2off-site location, irrespective of whether compensation is
3paid by the cemetery authority or a third party. This
4definition does not include a volunteer who receives no
5compensation, either directly or indirectly, for his or her
6work as a customer service employee.
7    "Department" means the Department of Financial and
8Professional Regulation.
9    "Email address of record" means the designated email
10address recorded by the Department in the applicant's
11application file or the licensee's license file as maintained
12by the Department's licensure maintenance unit.
13    "Employee" means an individual who works for a cemetery
14authority where the cemetery authority has the right to
15control what work is performed and the details of how the work
16is performed regardless of whether federal or State payroll
17taxes are withheld.
18    "Entombment right" means the right to place individual
19human remains or individual cremated human remains in a
20specific mausoleum crypt or lawn crypt selected by a consumer
21for use as a final resting place.
22    "Family burying ground" means a cemetery in which no lots,
23crypts, or niches are sold to the public and in which
24interments, inurnments, and entombments are restricted to the
25immediate family or a group of individuals related to each
26other by blood or marriage.

 

 

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1    "Full exemption" means an exemption granted to a cemetery
2authority pursuant to subsection (a) of Section 5-20.
3    "Funeral director" means a funeral director as defined by
4the Funeral Directors and Embalmers Licensing Code.
5    "Grave" means a space of ground in a cemetery used or
6intended to be used for burial.
7    "Green burial or cremation disposition" means burial or
8cremation practices that reduce the greenhouse gas emissions,
9waste, and toxic chemicals ordinarily created in burial or
10cremation or, in the case of greenhouse gas emissions,
11mitigate or offset emissions. Such practices include any
12standards or method for burial or cremation that the
13Department may name by rule.
14    "Immediate family" means the designated agent of a person
15or the persons given priority for the disposition of a
16person's remains under the Disposition of Remains Act and
17shall include a person's spouse, parents, grandparents,
18children, grandchildren and siblings.
19    "Individual" means a natural person.
20    "Interment right" means the right to place individual
21human remains or cremated human remains in a specific
22underground location selected by a consumer for use as a final
23resting place.
24    "Inurnment right" means the right to place individual
25cremated human remains in a specific niche selected by the
26consumer for use as a final resting place.

 

 

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1    "Lawn crypt" means a permanent underground crypt installed
2in multiple units for the entombment of human remains.
3    "Licensee" means a person licensed under this Act as a
4cemetery authority, cemetery manager, or customer service
5employee. Anyone who holds himself or herself out as a
6licensee or who is accused of unlicensed practice is
7considered a licensee for purposes of enforcement,
8investigation, hearings, and the Illinois Administrative
9Procedure Act.
10    "Mausoleum crypt" means a grouping of spaces constructed
11of reinforced concrete or similar material constructed or
12assembled above the ground for entombing remains.
13    "Niche" means a space in a columbarium or mausoleum used,
14or intended to be used, for inurnment of cremated human
15remains.
16    "Partial exemption" means an exemption granted to a
17cemetery authority pursuant to subsection (b) of Section 5-20.
18    "Parcel identification number" means a unique number
19assigned by the Cemetery Oversight Database to a grave, plot,
20crypt, or niche that enables the Department to ascertain the
21precise location of a decedent's remains interred, entombed,
22or inurned after the effective date of this Act.
23    "Person" means any individual, firm, partnership,
24association, corporation, limited liability company, trustee,
25government or political subdivision, or other entity.
26    "Public cemetery" means a cemetery owned, operated,

 

 

HB2777 Engrossed- 11 -LRB102 12074 SPS 17411 b

1controlled, or managed by the federal government, by any
2state, county, city, village, incorporated town, township,
3multi-township, public cemetery district, or other municipal
4corporation, political subdivision, or instrumentality thereof
5authorized by law to own, operate, or manage a cemetery.
6    "Religious burying ground" means a cemetery in which no
7lots, crypts, or niches are sold and in which interments,
8inurnments, and entombments are restricted to a group of
9individuals all belonging to a religious order or granted
10burial rights by special consideration of the religious order.
11    "Religious cemetery" means a cemetery owned, operated,
12controlled, and managed by any recognized church, religious
13society, association, or denomination, or by any cemetery
14authority or any corporation administering, or through which
15is administered, the temporalities of any recognized church,
16religious society, association, or denomination.
17    "Secretary" means the Secretary of Financial and
18Professional Regulation or a person authorized by the
19Secretary to act in the Secretary's stead.
20    "Term burial" means a right of interment sold to a
21consumer in which the cemetery authority retains the right to
22disinter and relocate the remains, subject to the provisions
23of subsection (d) of Section 35-15 of this Act.
24    "Trustee" means any person authorized to hold funds under
25this Act.
26    "Unique personal identifier" means the parcel

 

 

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1identification number in addition to the term of burial in
2years; the numbered level or depth in the grave, plot, crypt,
3or niche; and the year of death for human remains interred,
4entombed, or inurned after the effective date of this Act. The
5unique personal identifier is assigned by the Cemetery
6Oversight 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
10applicants 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,
23this Act does not apply to (1) any cemetery authority
24operating as a family burying ground or religious burying

 

 

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1ground, (2) any cemetery authority that has not engaged in an
2interment, inurnment, or entombment of human remains within
3the last 10 years, or (3) any cemetery authority that is less
4than 3 acres. For purposes of determining the applicability of
5this subsection, the number of interments, inurnments, and
6entombments shall be aggregated for each calendar year. A
7cemetery authority claiming a full exemption shall apply for
8exempt status as provided for in Section 10-20 of this Act. A
9cemetery authority claiming a full exemption shall be subject
10to Sections 10-40, 10-55, and 10-60 of this Act. A cemetery
11authority that performs activities that would disqualify it
12from a full exemption is required to apply for licensure
13within one year following the date on which its activities
14would disqualify it for a full exemption. A cemetery authority
15that previously qualified for and maintained a full exemption
16that fails to timely apply for licensure shall be deemed to
17have engaged in unlicensed practice and shall be subject to
18discipline in accordance with Article 25 of this Act.
19    (b) Partial exemption. If a cemetery authority does not
20qualify for a full exemption and (1) engages in 25 or fewer
21interments, inurnments, or entombments of human remains for
22each of the preceding 2 calendar years, (2) operates as a
23public cemetery, or (3) operates as a religious cemetery, then
24the cemetery authority is partially exempt from this Act but
25shall be required to comply with Sections 10-23, 10-40, 10-55,
2610-60, 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,
220-35, 20-40, 25-3, and 25-120, and Article 35 of this Act.
3Cemetery authorities claiming a partial exemption shall apply
4for the partial exemption as provided in Section 10-20 of this
5Act. A cemetery authority that changes to a status that would
6disqualify it from a partial exemption is required to apply
7for licensure within one year following the date on which it
8changes its status. A cemetery authority that maintains a
9partial exemption that fails to timely apply for licensure
10shall be deemed to have engaged in unlicensed practice and
11shall be subject to discipline in accordance with Article 25
12of this Act.
13    (c) Nothing in this Act applies to the City of Chicago in
14its exercise of its powers under the O'Hare Modernization Act
15or limits the authority of the City of Chicago to acquire
16property or otherwise exercise its powers under the O'Hare
17Modernization Act, or requires the City of Chicago, or any
18person acting on behalf of the City of Chicago, to comply with
19the licensing, regulation, or investigation, or mediation
20requirements of this Act in exercising its powers under the
21O'Hare Modernization Act.
22    (d) A cemetery manager and customer service employee
23license may be in active status only during the period that
24such a licensee is employed by a cemetery authority that is
25licensed under this Act. In the event that a cemetery manager
26or customer service employee commences work for a cemetery

 

 

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1granted an exemption under this Section, it shall be a duty of
2both the cemetery authority and the individual licensee to
3immediately notify the Department so that the license may be
4placed on inactive status. During the period that a license is
5in inactive status, the involved person may not hold himself
6or herself out as licensed. Upon returning to employment by a
7cemetery licensed under this Act, such a cemetery manager or
8customer service employee may reinstate the license to active
9status simply by notifying the Department and paying the
10applicable 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
15Department shall, subject Subject to the provisions of this
16Act, the Department may exercise the following functions,
17powers, 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.

 

 

HB2777 Engrossed- 17 -LRB102 12074 SPS 17411 b

1    If the Department exercises its authority to conduct
2investigations under this Section, the Department shall
3provide the cemetery authority with information sufficient to
4challenge the allegation. If the complainant consents, then
5the Department shall provide the cemetery authority with the
6identity of and contact information for the complainant so as
7to allow the cemetery authority and the complainant to resolve
8the complaint directly. Except as otherwise provided in this
9Act, any complaint received by the Department and any
10information collected to investigate the complaint shall be
11maintained by the Department for the confidential use of the
12Department and shall not be disclosed. The Department may not
13disclose the information to anyone other than law enforcement
14officials or other regulatory agencies or persons that have an
15appropriate regulatory interest, as determined by the
16Secretary, or to a party presenting a lawful subpoena to the
17Department. Information and documents disclosed to a federal,
18state, county, or local law enforcement agency shall not be
19disclosed by the agency for any purpose to any other agency or
20person. A formal complaint filed against a licensee by the
21Department or any order issued by the Department against a
22licensee or applicant shall be a public record, except as
23otherwise 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
2the Department in the course of an examination or
3investigation of a licensee or applicant, including, but not
4limited to, any complaint against a licensee filed with the
5Department and information collected to investigate any such
6complaint, shall be maintained for the confidential use of the
7Department and shall not be disclosed. The Department may not
8disclose the information to anyone other than law enforcement
9officials, other regulatory agencies that have an appropriate
10regulatory interest as determined by the Secretary, or a party
11presenting a lawful subpoena to the Department. Information
12and documents disclosed to a federal, State, county, or local
13law enforcement agency shall not be disclosed by the agency
14for any purpose to any other agency or person. A formal
15complaint filed against a licensee by the Department or any
16order issued by the Department against a licensee or applicant
17shall be a public record, except as otherwise prohibited by
18law.
 
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
23authority, cemetery manager, or customer service employee
24authorized by this Act, or application for exemption from
25licensure as a cemetery authority, shall be made to the

 

 

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1Department in writing on forms or electronically as prescribed
2by the Department, which shall include the applicant's Social
3Security number or FEIN number, or both, and shall be
4accompanied by the required fee that shall not be refundable.
5as set by Section 10-55 of this Act and further refined by
6rule. Applications for partial or full exemption from
7licensure as a cemetery authority shall be submitted to the
8Department within 6 months after the Department adopts rules
9under this Act. If the person fails to submit the application
10for partial or full exemption within this period, the person
11shall be subject to discipline in accordance with Article 25
12of this Act. The process for renewing a full or partial
13exemption shall be set by rule. If a cemetery authority seeks
14to practice at more than one location, it shall meet all
15licensure requirements at each location as required by this
16Act and by rule, including submission of an application and
17fee. All applications shall contain information that, in the
18judgment of the Department, will enable the Department to pass
19on the qualifications of the applicant for a license under
20this Act.
21    (b) (Blank).
22    (c) After initial licensure, if any person comes to obtain
23at least 51% of the ownership over the licensed cemetery
24authority, then the cemetery authority shall have to apply for
25a new license and receive licensure in the required time as set
26by rule. The current license remains in effect until the

 

 

HB2777 Engrossed- 20 -LRB102 12074 SPS 17411 b

1Department takes action on the application for a new license.
2    (d) (Blank). All applications shall contain the
3information that, in the judgment of the Department, will
4enable the Department to pass on the qualifications of the
5applicant for an exemption from licensure or for a license to
6practice as a cemetery authority, cemetery manager, or
7customer 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
13forms prescribed by the Department and pay the required fee.
14An applicant is qualified for licensure as a cemetery
15authority if the applicant meets all of the following
16qualifications:
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

 

 

HB2777 Engrossed- 21 -LRB102 12074 SPS 17411 b

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
3a licensed cemetery authority shall apply for licensure as a
4cemetery manager or customer service employee on forms
5prescribed by the Department and pay the required fee. A
6person is qualified for licensure as a cemetery manager or
7customer service employee if he or she meets all of the
8following 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
15manager, or customer service employee license shall authorize
16the Department to conduct a criminal background check that
17does not involve fingerprinting. The Department must, in turn,
18conduct the criminal background check on each applicant. The
19Department shall adopt rules to implement this subsection (c),
20but in no event shall the Department impose a fee upon the
21applicant 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
2for cemetery manager and customer service employee applicants.
3The certification programs must consist of education and
4training in cemetery ethics, cemetery law, and cemetery
5practices. Cemetery ethics shall include, without limitation,
6the Code of Professional Conduct and Ethics as set forth in
7Section 10-23 of this Act. Cemetery law shall include, without
8limitation, the Cemetery Oversight Act, the Cemetery Care Act,
9the Disposition of Remains Act, and the Cemetery Protection
10Act. Cemetery practices shall include, without limitation,
11treating the dead and their family members with dignity and
12respect. The certification program shall include an
13examination administered by the entity providing the
14certification.
15    (a-5) An entity seeking to offer a certification program
16to cemetery manager applicants and customer service employee
17applicants must receive approval of its program from the
18Department in a manner and form prescribed by the Department
19by rule. As part of this process, the entity must submit to the
20Department the examination it offers or intends to offer as
21part of its certification program.
22    (a-10) A cemetery manager applicant or customer service
23employee applicant may choose any entity that has been
24approved by the Department from which to obtain certification.
25    (b) Cemetery manager applicants and customer service
26employee applicants shall pay the fee for the certification

 

 

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1program directly to the entity offering the program.
2    (c) If the cemetery manager applicant or customer service
3employee applicant neglects, fails, or refuses to become
4certified within one year after filing an application, then
5the application shall be denied. However, the applicant may
6thereafter submit a new application accompanied by the
7required fee. The applicant shall meet the requirements in
8force at the time of making the new application.
9    (d) A cemetery manager applicant or customer service
10employee applicant who has completed a certification program
11offered by an entity that has not received the Department's
12approval as required by this Section has not met the
13qualifications for licensure as set forth in Section 10-21 of
14this Act.
15    (e) The Department may approve shall recognize any
16certification program that is conducted by a death care trade
17association in Illinois that has been in existence for more
18than 5 years that, in the determination of the Department,
19provides adequate education and training in cemetery law,
20cemetery ethics, and cemetery practices and administers an
21examination covering the same.
22    (f) The Department may, without a hearing, summarily
23withdraw its approval of a certification program that, in the
24judgment of the Department, fails to meet the requirements of
25this Act or the rules adopted under this Act. A certification
26program that has had its approval withdrawn by the Department

 

 

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1may reapply for approval, but shall provide such additional
2information as may be required by the Department, including,
3but not limited to, evidence to the Department's satisfaction
4that the program is in compliance with this Act and the rules
5adopted 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
10license Expiration and renewal of license.
11    (a) The expiration date and renewal period for each
12license issued under this Act shall be set by rule. The holder
13of a license may renew such license during the month preceding
14the expiration date thereof by paying the required fee.
15    (b) A licensee under this Act who has permitted his or her
16license to expire or has had his or her license placed on
17inactive status may have his or her license restored by making
18application to the Department and filing proof acceptable to
19the Department of his or her fitness of having his or her
20license restored, including, but not limited to, sworn
21evidence certifying to active practice in another jurisdiction
22satisfactory to the Department, and by paying the required fee
23as determined by rule. Every cemetery authority, cemetery
24manager, and customer service employee license shall expire
25every 2 years. Every registration as a fully exempt cemetery

 

 

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1authority or partially exempt cemetery authority shall expire
2every 4 years. The expiration date, renewal period, and other
3requirements for each license and registration shall be
4further 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
10administration and enforcement of this Act shall be set by the
11Department by rule. The fees shall be reasonable and shall not
12be refundable.
13    (b) Cemetery manager applicants and customer service
14employee applicants shall pay any certification program or
15continuing education program fee directly to the entity
16offering the program.
17    (c) The Department may waive fees based upon hardship.
18    (d) Nothing shall prohibit a cemetery authority from
19paying, on behalf of its cemetery managers or customer service
20employees, their application, renewal, or restoration fees.
21    (e) All fees and other moneys collected under this Act
22shall be deposited in the Cemetery Oversight Licensing and
23Disciplinary Fund.
24    (f) The fee for application as a cemetery authority
25seeking a full exemption is $0.

 

 

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1    (g) The fee to renew registration as a fully exempt
2cemetery authority is $0. As provided in Section 10-40 of this
3Act and as further refined by rule, each registration as a
4fully exempt cemetery authority shall expire every 4 years.
5    (h) The fee for application as a cemetery authority
6seeking a partial exemption is $150.
7    (i) The fee to renew registration as a partially exempt
8cemetery authority is $150. As provided in Section 10-40 of
9this Act and as further refined by rule, each registration as a
10partially exempt cemetery authority shall expire every 4
11years.
12    (j) The fee for original licensure, renewal, and
13restoration as a cemetery authority not seeking a full or
14partial exemption is $75. As provided in Section 10-40 of this
15Act and as further refined by rule, each cemetery authority
16license shall expire every 2 years.
17    (k) The fee for original licensure, renewal, and
18restoration as a cemetery manager is $25. As provided in
19Section 10-40 of this Act and as further refined by rule, each
20cemetery manager license shall expire every 2 years.
21    (l) The fee for original licensure, renewal, and
22restoration as a customer service employee is $25. As provided
23in Section 10-40 of this Act and as further refined by rule,
24each customer service employee license shall expire every 2
25years.
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
4are made and prior to rendering the cemetery services, a
5cemetery authority shall create a completed written contract
6to be provided to the consumer, signed by both parties by their
7actual written signatures on either paper or electronic form,
8that shall contain: (i) the date on which the arrangements
9were made; (ii) the price of the service selected and the
10services and merchandise included for that price; (iii) the
11supplemental items of service and merchandise requested and
12the price of each item; (iv) the terms or method of payment
13agreed upon; and (v) a statement as to any monetary advances
14made on behalf of the family. The cemetery authority shall
15maintain a copy of such written contract in its permanent
16records.
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
21cemetery authorities maintaining a partial exemption must
22submit to the following investigation and mediation procedure
23by 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
25of citations for non-frivolous complaints. The citation shall

 

 

HB2777 Engrossed- 33 -LRB102 12074 SPS 17411 b

1be issued to the licensee and shall contain the licensee's
2name and address, the licensee's license number, a brief
3factual statement, the Sections of the law allegedly violated,
4and the penalty imposed. The citation must clearly state that
5the licensee may choose, in lieu of accepting the citation, to
6request a hearing. If the licensee does not dispute the matter
7in the citation with the Department within 30 days after the
8citation is served, then the citation shall become a final
9order and shall constitute discipline. The penalty shall be a
10fine or other conditions as established by rule.
11    (b) The Department shall adopt rules designating
12violations for which a citation may be issued. Such rules
13shall designate as citation violations those violations for
14which there is no substantial threat to the public health,
15safety, and welfare. Citations shall not be utilized if there
16was any significant consumer harm resulting from the
17violation.
18    (c) A citation must be issued within 6 months after the
19reporting of a violation that is the basis for the citation.
20    (d) Service of a citation may be made by personal service,
21regular mail, or email or certified mail to the licensee at the
22licensee'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
3or may revoke, suspend, place on probation, reprimand, or take
4other disciplinary or non-disciplinary action as the
5Department may deem appropriate, including imposing fines not
6to exceed $10,000 $8,000 for each violation, with regard to
7any license under this Act, for any one or combination of the
8following:
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.

 

 

HB2777 Engrossed- 35 -LRB102 12074 SPS 17411 b

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.

 

 

HB2777 Engrossed- 36 -LRB102 12074 SPS 17411 b

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

 

 

HB2777 Engrossed- 37 -LRB102 12074 SPS 17411 b

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
25licensed under this Act for an occurrence or alleged
26occurrence that predates the enactment of this Act unless the

 

 

HB2777 Engrossed- 38 -LRB102 12074 SPS 17411 b

1action is commenced within 5 years after the occurrence of the
2alleged violations, except for a violation of item (3) of
3subsection (a) of this Section. If a person licensed under
4this Act violates item (3) of subsection (a) of this Section,
5then the action may commence within 10 years after the
6occurrence of the alleged violation. A continuing violation
7shall be deemed to have occurred on the date when the
8circumstances last existed that give rise to the alleged
9violation.
10    (c) In enforcing this Section, the Department, upon a
11showing of a possible violation, may order a licensee or
12applicant to submit to a mental or physical examination, or
13both, at the expense of the Department. The Department may
14order the examining physician to present testimony concerning
15his or her examination of the licensee or applicant. No
16information shall be excluded by reason of any common law or
17statutory privilege relating to communications between the
18licensee or applicant and the examining physician. The
19examining physicians shall be specifically designated by the
20Department. The licensee or applicant may have, at his or her
21own expense, another physician of his or her choice present
22during all aspects of the examination. Failure of a licensee
23or applicant to submit to any such examination when directed,
24without reasonable cause, shall be grounds for either
25immediate suspending of his or her license or immediate denial
26of his or her application.

 

 

HB2777 Engrossed- 39 -LRB102 12074 SPS 17411 b

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
22is subject to involuntary admission or judicial admission, as
23provided in the Mental Health and Developmental Disabilities
24Code, operates as an automatic suspension. Such suspension may
25end only upon a finding by a court that the patient is no
26longer subject to involuntary admission or judicial admission,

 

 

HB2777 Engrossed- 40 -LRB102 12074 SPS 17411 b

1the issuance of an order so finding and discharging the
2patient, and the filing of a petition for restoration
3demonstrating fitness to practice.
4    (e) In cases where the Department of Healthcare and Family
5Services has previously determined that a licensee or a
6potential licensee is more than 30 days delinquent in the
7payment of child support and has subsequently certified the
8delinquency to the Department, the Department shall refuse to
9issue or renew or shall revoke or suspend that person's
10license or shall take other disciplinary action against that
11person based solely upon the certification of delinquency made
12by the Department of Healthcare and Family Services under
13paragraph (5) of subsection (a) of Section 2105-15 of the
14Department of Professional Regulation Law of the Civil
15Administrative Code of Illinois.
16    (f) The Department shall refuse to issue or renew or shall
17revoke or suspend a person's license or shall take other
18disciplinary action against that person for his or her failure
19to file a return, to pay the tax, penalty, or interest shown in
20a filed return, or to pay any final assessment of tax, penalty,
21or interest as required by any tax Act administered by the
22Department of Revenue, until the requirements of the tax Act
23are satisfied in accordance with subsection (g) of Section
242105-15 of the Department of Professional Regulation Law of
25the 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
5Act, the Secretary may, in the name of the People of the State
6of Illinois, through the Attorney General of the State of
7Illinois, petition for an order enjoining such violation or
8for an order enforcing compliance with this Act. Upon the
9filing of a verified petition in such court, the court may
10issue a temporary restraining order, without notice or bond,
11and may preliminarily and permanently enjoin such violation.
12If it is established that such person or entity has violated or
13is violating the injunction, the court may punish the offender
14for contempt of court. Proceedings under this Section are in
15addition to, and not in lieu of, all other remedies and
16penalties provided by this Act. The Secretary may issue an
17order to cease and desist to any licensee or other person doing
18business without the required license when, in the opinion of
19the Secretary, the licensee or other person is violating or is
20about to violate any provision of this Act or any rule or
21requirement imposed in writing by the Department.
22    (b) Whenever in the opinion of the Department any person
23or entity violates any provision of this Act, the Department
24may issue a rule to show cause why an order to cease and desist
25should not be entered against them. The rule shall clearly set

 

 

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1forth the grounds relied upon by the Department and shall
2provide a period of 7 days from the date of the rule to file an
3answer to the satisfaction of the Department. Failure to
4answer to the satisfaction of the Department shall cause an
5order to cease and desist to be issued immediately. The
6Secretary may issue an order to cease and desist prior to a
7hearing and such order shall be in full force and effect until
8a final administrative order is entered.
9    (c) The Secretary shall serve notice of his or her action,
10designated as an order to cease and desist made pursuant to
11this Section, including a statement of the reasons for the
12action, either personally or by certified mail, return receipt
13requested. Service by certified mail shall be deemed completed
14when the notice is deposited in the United States mail and sent
15to the address of record or, in the case of unlicensed
16activity, the address known to the Department.
17    (d) Within 15 days after service of the order to cease and
18desist, the licensee or other person may request, in writing,
19a hearing.
20    (e) The Secretary shall schedule a hearing within 30 days
21after the request for a hearing unless otherwise agreed to by
22the parties.
23    (f) The Secretary shall have the authority to prescribe
24rules for the administration of this Section.
25    (g) If, after hearing, it is determined that the Secretary
26has the authority to issue the order to cease and desist, he or

 

 

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1she may issue such orders as may be reasonably necessary to
2correct, eliminate, or remedy such conduct.
3    (h) The powers vested in the Secretary by this Section are
4additional to any and all other powers and remedies vested in
5the Secretary by law and nothing in this Section shall be
6construed as requiring that the Secretary shall employ the
7power conferred in this Section instead of or as a condition
8precedent to the exercise of any other power or remedy vested
9in 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
15applicant or of any person or entity holding or claiming to
16hold a license under this Act. The Department may at any time
17investigate the actions of any applicant or of any person or
18persons rendering or offering to render services as a cemetery
19authority, cemetery manager, or customer service employee of
20or any person holding or claiming to hold a license as a
21licensed cemetery authority, cemetery manager, or customer
22service employee. If it appears to the Department that a
23person has engaged in, is engaging in, or is about to engage in
24any practice declared to be unlawful by this Act, then the
25Department may: (1) require that person to file on such terms

 

 

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1as the Department prescribes a statement or report in writing,
2under oath or otherwise, containing all information the
3Department may consider necessary to ascertain whether a
4licensee is in compliance with this Act, or whether an
5unlicensed person is engaging in activities for which a
6license is required; (2) examine under oath any individual in
7connection with the books and records pertaining to or having
8an impact upon the operation of a cemetery; (3) examine any
9books and records of the licensee that the Department may
10consider necessary to ascertain compliance with this Act; and
11(4) require the production of a copy of any record, book,
12document, account, or paper that is produced in accordance
13with this Act and retain it in his or her possession until the
14completion of all proceedings in connection with which it is
15produced.
16    (b) The Department shall, before disciplining an applicant
17or licensee, at least 30 days prior to the date set for the
18hearing: (i) notify, in writing, the accused of the charges
19made 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
21under oath within 20 days after service of the notice, and
22(iii) inform the applicant or licensee that failure to file an
23answer will result in a default being entered against the
24applicant or licensee. The Secretary may, after 10 days notice
25by certified mail with return receipt requested to the
26licensee at the address of record or to the last known address

 

 

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1of any other person stating the contemplated action and in
2general the grounds therefor, fine such licensee an amount not
3exceeding $10,000 per violation or revoke, suspend, refuse to
4renew, place on probation, or reprimand any license issued
5under 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
15subsequent proceedings, may be served by personal delivery, by
16email, or by mail to the applicant or licensee at his or her
17address of record or email address of record. The Secretary
18may fine, revoke, suspend, refuse to renew, place on
19probation, reprimand, or take any other disciplinary action as
20to the particular license with respect to which grounds for
21the fine, revocation, suspension, refuse to renew, probation,
22or reprimand, or other disciplinary action occur or exist, but
23if the Secretary finds that grounds for revocation are of
24general application to all offices or to more than one office
25of the licensee, the Secretary shall fine, revoke, suspend,
26refuse to renew, place on probation, reprimand, or otherwise

 

 

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1discipline every license to which such grounds apply.
2    (d) At the time and place fixed in the notice, the hearing
3officer appointed by the Secretary shall proceed to hear the
4charges and the parties or their counsel shall be accorded
5ample opportunity to present any statement, testimony,
6evidence, and argument as may be pertinent to the charges or to
7their defense. The hearing officer may continue the hearing
8from time to time. In every case in which a license is revoked,
9suspended, placed on probation, reprimanded, or otherwise
10disciplined, the Secretary shall serve the licensee with
11notice of his or her action, including a statement of the
12reasons for his or her actions, either personally or by
13certified mail, return receipt requested. Service by certified
14mail shall be deemed completed when the notice is deposited in
15the United States mail and sent to the address of record.
16    (e) In case the licensee or applicant, after receiving the
17notice, fails to file an answer, his or her license may, in the
18discretion of the Secretary, be suspended, revoked, or placed
19on probationary status, or be subject to whatever disciplinary
20action the Secretary considers proper, including limiting the
21scope, nature, or extent of the person's practice or
22imposition of a fine, without hearing, if the act or acts
23charged constitute sufficient grounds for the action under
24this Act. An order assessing a fine, an order revoking,
25suspending, placing on probation, or reprimanding a license
26or, an order denying renewal of a license shall take effect

 

 

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1upon service of the order unless the licensee requests, in
2writing, within 20 days after the date of service, a hearing.
3In the event a hearing is requested, an order issued under this
4Section shall be stayed until a final administrative order is
5entered.
6    (f) If the licensee requests a hearing, then the Secretary
7shall schedule a hearing within 30 days after the request for a
8hearing unless otherwise agreed to by the parties. The
9Secretary shall have the authority to appoint an attorney duly
10licensed to practice law in the State of Illinois to serve as
11the hearing officer in any disciplinary action with regard to
12a license. The hearing officer shall have full authority to
13conduct the hearing.
14    (g) The hearing shall be held at the time and place
15designated by the Secretary.
16    (h) The Secretary shall have the authority to prescribe
17rules for the administration of this Section.
18    (i) Fines imposed and any costs assessed shall be paid
19within 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
23of this Act, the Secretary has the authority to appoint an
24attorney licensed to practice law in the State of Illinois to
25serve as the hearing officer in any action for refusal to issue

 

 

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1or renew a license or discipline a license. The hearing
2officer shall have full authority to conduct the hearing. The
3hearing officer shall report his or her findings of fact,
4conclusions 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
9hear evidence in support of the formal charges and evidence
10produced by the licensee. At the conclusion of the hearing,
11the hearing officer shall present to the Secretary a written
12report of his or her findings of fact, conclusions of law, and
13recommendations.
14    (b) At the conclusion of the hearing, a copy of the hearing
15officer's report shall be served upon the applicant or
16licensee, either personally or as provided in this Act for the
17service of the notice of hearing. Within 20 calendar days
18after such service, the applicant or licensee may present to
19the Department a motion, in writing, for a rehearing which
20shall specify the particular grounds for rehearing. The
21Department may respond to the motion for rehearing within 20
22calendar days after its service on the Department. If no
23motion for rehearing is filed, then upon the expiration of the
24time specified for filing such a motion, or upon denial of a
25motion for rehearing, the Secretary may enter an order in

 

 

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1accordance with the recommendations of the hearing officer. If
2the applicant or licensee orders from the reporting service
3and pays for a transcript of the record within the time for
4filing a motion for rehearing, the 20 calendar day period
5within which a motion may be filed shall commence upon
6delivery of the transcript to the applicant or licensee.
7    (c) If the Secretary disagrees in any regard with the
8report of the hearing officer, the Secretary may issue an
9order contrary to the report.
10    (d) Whenever the Secretary is not satisfied that
11substantial justice has been done, the Secretary may order a
12hearing by the same or another hearing officer.
13    (e) At any point in any investigation or disciplinary
14proceeding provided for in this Act, both parties may agree to
15a negotiated consent order. The consent order shall be final
16upon signature of the Secretary.
17At any point in any investigation or disciplinary proceeding
18provided for in this Act, both parties may agree to a
19negotiated consent order. The consent order shall be final
20upon 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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1certified shorthand reporter to take down the testimony and
2preserve a record of all proceedings at the hearing of any case
3in which a licensee may be revoked, suspended, placed on
4probationary status, reprimanded, fined, or subjected to other
5disciplinary action with reference to the license when a
6disciplinary action is authorized under this Act and rules.
7The notice of hearing, complaint, and all other documents in
8the nature of pleadings and written portions filed in the
9proceedings, the transcript of the testimony, the report of
10the hearing officer, and the orders of the Department shall be
11the record of the proceedings. The record may be made
12available to any person interested in the hearing upon payment
13of the fee required by Section 2105-115 of the Department of
14Professional Regulation Law shall preserve a record of all
15proceedings at the formal hearing of any case. Any notice, all
16documents in the nature of pleadings, written motions filed in
17the proceedings, the transcripts of testimony, and orders of
18the Department shall be in the record of the proceeding.
19    (b) The Department may contract for court reporting
20services, and, if it does so, the Department shall provide the
21name and contact information for the certified shorthand
22reporter who transcribed the testimony at a hearing to any
23person interested, who may obtain a copy of the transcript of
24any proceedings at a hearing upon payment of the fee specified
25by 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
5of indefinite probation, suspension, or revocation of a
6license under this Act, the Department may restore the license
7to the licensee, unless after an investigation and a hearing
8the Secretary determines that restoration is not in the public
9interest.
10    (b) Where circumstances of suspension or revocation so
11indicate, the Department may require an examination of the
12licensee prior to restoring his or her license.
13    (c) No person whose license has been revoked as authorized
14in this Act may apply for restoration of that license until
15such time as provided for in the Civil Administrative Code of
16Illinois.
17    (d) A license that has been suspended or revoked shall be
18considered non-renewed for purposes of restoration and a
19licensee restoring his or her license from suspension or
20revocation must comply with the requirements for restoration
21as 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
3are subject to judicial review under the Administrative Review
4Law and its rules. The term "administrative decision" is
5defined as in Section 3-101 of the Code of Civil Procedure.
6    (b) Proceedings for judicial review shall be commenced in
7the circuit court of the county in which the party applying for
8review resides, but if the party is not a resident of Illinois,
9the venue shall be in Sangamon County.
10    (c) The Department shall not be required to certify any
11record to the court or file any answer in court, or to
12otherwise appear in any court in a judicial review proceeding,
13unless and until the Department has received from the
14plaintiff payment of the costs of furnishing and certifying
15the record, which costs shall be determined by the Department.
16    (d) Failure on the part of the plaintiff to file a receipt
17in 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
22penalty Violations.
23    (a) Any person who practices, offers to practice, attempts
24to practice, or hold himself or herself out as a cemetery
25manager or customer service employee as provided in this Act

 

 

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1without being licensed or exempt under this Act shall, in
2addition to any other penalty provided by law, pay a civil
3penalty to the Department in an amount not to exceed $10,000
4for each offense, as determined by the Department. The civil
5penalty shall be assessed by the Department after a hearing is
6held in accordance with the provision set forth in this Act
7regarding the provision of a hearing for the discipline of a
8licensee.
9    (b) The Department may investigate any actual, alleged, or
10suspected unlicensed activity.
11    (c) The civil penalty shall be paid within 60 days after
12the effective date of the order imposing the civil penalty.
13The order shall constitute a judgment and may be filed and
14execution had thereon in the same manner as any judgment from
15any court of record.
16    (d) A person or entity not licensed under this Act who has
17violated any provision of this Act or its rules is guilty of a
18Class A misdemeanor for the first offense and a Class 4 felony
19for a second and subsequent offenses.
20Each of the following acts is a Class A misdemeanor for the
21first offense and a Class 4 felony for each subsequent
22offense:
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;
8application. The Illinois Administrative Procedure Act is
9expressly adopted and incorporated in this Act as if all of the
10provisions of that Act were included in this Act, except that
11the provision of paragraph (d) of Section 10-65 of the
12Illinois Administrative Procedure Act, which provides that at
13hearings the licensee has the right to show compliance with
14all lawful requirements for retention or continuation or
15renewal of the license, is specifically excluded. The
16Department shall not be required to annually verify email
17addresses as specified in paragraph (a) of subsection (2) of
18Section 10-75 of the Illinois Administrative Procedure Act.
19For the purpose of this Act, the notice required under Section
2010-25 of the Illinois Administrative Procedure Act is
21considered sufficient when mailed to the address of record or
22emailed 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
3the rights of consumers of cemetery products and services as
4put forth in this Article. Failure to abide by the cemetery
5duties listed in this Article or to comply with a request by a
6consumer based on a consumer's privileges under this Article
7may activate the mediation, citation, or disciplinary
8processes 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
14sale by the cemetery authority must be disclosed to the
15consumer in writing on a standardized price list.
16Memorialization pricing may be disclosed in price ranges. The
17price list shall include the effective dates of the prices.
18The price list shall include not only the range of interment,
19inurnment, and entombment rights, and the cost of extending
20the term of any term burial, but also any related merchandise
21or services offered by the cemetery authority. Charges for
22installation of markers, monuments, and vaults in cemeteries
23must be the same without regard to where the item is purchased.
24    (b) A contract for the interment, inurnment, or entombment
25of human remains must be signed by both parties: the consumer

 

 

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1and the cemetery authority or its representative. Such
2signature shall be personally signed by the signor on either
3paper or electronic format and shall not include a stamp or
4electronic facsimile of the signature. Before a contract is
5signed, the prices for the purchased services and merchandise
6must be disclosed on the contract and in plain language. If a
7contract is for a term burial, the term, the option to extend
8the term, and the subsequent disposition of the human remains
9post-term must be in bold print and discussed with the
10consumer. Any contract for the sale of a burial plot, when
11designated, must disclose the exact location of the burial
12plot based on the survey of the cemetery map or plat on file
13with the cemetery authority.
14    (c) A cemetery authority that has the legal right to
15extend a term burial shall, prior to disinterment, provide the
16family or other authorized agent under the Disposition of
17Remains Act the opportunity to extend the term of a term burial
18for the cost as stated on the cemetery authority's current
19price list. Regardless of whether the family or other
20authorized agent chooses to extend the term burial, the
21cemetery authority shall, prior to disinterment, provide
22notice to the family or other authorized agent under the
23Disposition of Remains Act of the cemetery authority's
24intention to disinter the remains and to inter different human
25remains in that space.
26    (d) If any rules or regulations, including the operational

 

 

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1or maintenance requirements, of a cemetery change after the
2date a contract is signed for the purchase of cemetery-related
3or funeral-related products or services, the cemetery may not
4require the consumer, purchaser, or such individual's relative
5or representative to purchase any merchandise or service not
6included in the original contract or in the rules and
7regulations in existence when the contract was entered unless
8the purchase is reasonable or required to make the cemetery
9authority compliant with applicable law.
10    (e) No cemetery authority or its agent may engage in
11deceptive or unfair practices. The cemetery authority and its
12agents may not misrepresent legal or cemetery requirements.
13    (f) The Department may adopt rules regarding green burial
14certification, green cremation products and methods, and
15consumer education.
16    (g) The contractual requirements contained in this Section
17only apply to contracts executed after the effective date of
18this 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
23fees for the administration and enforcement of this Act, and
24those fees are nonrefundable. All of the fees, and fines, and
25all other moneys collected under this Act and fees collected

 

 

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1on behalf of the Department under subsection (1) of Section 25
2of the Vital Records Act shall be deposited into the Cemetery
3Oversight Licensing and Disciplinary Fund and be appropriated
4to the Department for the ordinary and contingent expenses of
5the Department in the administration and enforcement of this
6Act.
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
19repealing Sections 25-1, 25-50, 25-55, 25-60, 25-100, 25-110,
2025-120, 25-125, 75-20, and 75-35.
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.