Illinois General Assembly - Full Text of HB4301
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Full Text of HB4301  102nd General Assembly

HB4301ham001 102ND GENERAL ASSEMBLY

Rep. Kathleen Willis

Filed: 2/9/2022

 

 


 

 


 
10200HB4301ham001LRB102 21851 AMQ 35592 a

1
AMENDMENT TO HOUSE BILL 4301

2    AMENDMENT NO. ______. Amend House Bill 4301 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Section 4.33 and by adding 4.43 as follows:
 
6    (5 ILCS 80/4.33)
7    Sec. 4.33. Acts repealed on January 1, 2023. The following
8Acts are repealed on January 1, 2023:
9    The Dietitian Nutritionist Practice Act.
10    The Elevator Safety and Regulation Act.
11    The Fire Equipment Distributor and Employee Regulation Act
12of 2011.
13    The Funeral Directors and Embalmers Licensing Code.
14    The Naprapathic Practice Act.
15    The Pharmacy Practice Act.
16    The Professional Counselor and Clinical Professional

 

 

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1Counselor Licensing and Practice Act.
2    The Wholesale Drug Distribution Licensing Act.
3(Source: P.A. 101-621, eff. 12-20-19.)
 
4    (5 ILCS 80/4.43 new)
5    Sec. 4.43. Act repealed on January 1, 2033. The following
6Act is repealed on January 1, 2033:
7    The Fire Equipment Distributor and Employee Regulation Act
8of 2011.
 
9    Section 10. The Fire Equipment Distributor and Employee
10Regulation Act of 2011 is amended by changing Sections 5, 10,
1120, 30, 40, 45, 60, 65, 70, 75, 80, 85, 90, 105, 115, and 120
12as follows:
 
13    (225 ILCS 217/5)
14    (Section scheduled to be repealed on January 1, 2023)
15    Sec. 5. Definitions. As used in this Act:
16    "Employee" means a licensee or a person who is currently
17employed by a fire equipment distributor licensed under this
18Act whose full or part-time duties include servicing,
19recharging, hydro-testing, installing, maintaining, or
20inspecting fire equipment.
21    "Fire equipment" means any portable or fixed fire
22extinguishing device or system other than a fire sprinkler
23system under the Fire Sprinkler Contractor Licensing Act.

 

 

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1    "Fire equipment distributor" means any person, company or
2corporation that services, recharges, hydro-tests, inspects,
3installs, maintains, alters, repairs, replaces, or services
4fire equipment for customers, clients, or other third parties.
5    "ICC" means the International Code Council.
6    "NAFED" means the National Association of Fire Equipment
7Distributors.
8    "NFPA" means the National Fire Protection Association.
9    "NICET" means the National Institute for Certification in
10Engineering Technologies.
11    "Office" or "State Fire Marshal" means the Office of the
12State Fire Marshal.
13    "Person" means a natural person or any company,
14corporation, or other business entity.
15    (a) "Employee" means a licensee or a person who is
16currently employed by a distributor licensed under this Act
17whose full or part-time duties include servicing, recharging,
18hydro-testing, installing, maintaining, or inspecting all
19types of fire extinguishing devices or systems, other than
20water sprinkler systems.
21    (b) "Board" means the Fire Equipment Distributor and
22Employee Advisory Board.
23    (c) "Person" means a natural person or any company,
24corporation, or other business entity.
25    (d) "Fire equipment distributor" means any person, company
26or corporation that services, recharges, hydro-tests,

 

 

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1inspects, installs, maintains, alters, repairs, replaces, or
2services fire extinguishing devices or systems, other than
3water sprinkler systems, for customers, clients, or other
4third parties. "Fire equipment distributor" does not include a
5person, company, or corporation employing 2,000 or more
6employees within the State of Illinois that engages in these
7activities incidental to its own business.
8    (e) "Public member" means a person who is not a licensee or
9a relative of a licensee, or who is not an employer or employee
10of a licensee. The term "relative" shall be determined by
11rules of the State Fire Marshal.
12    (f) "Residency" means an actual domicile in Illinois for a
13period of not less than one year.
14    (g) "Inspection" means a determination that a fire
15extinguisher is available in its designated place and has not
16been actuated or tampered with. "Inspection" does not include
17the inspection that may be performed by the building owner,
18tenant, or insurance representative.
19    (h) "Maintenance" means a determination that an
20extinguisher will operate effectively and safely. It includes
21a thorough examination and any necessary repair or
22replacement. It also includes checking the date of manufacture
23or last hydrostatic test to see if internal inspection of the
24cylinder or hydrostatic testing is necessary, and checking for
25cuts, bulges, dents, abrasions, corrosion, condition of paint,
26shell hanger attachment, maintenance of nameplate, weight of

 

 

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1contents, pressure gauge, valve, removal of pull pin,
2discharge nozzle, hose assembly, and operating instructions.
3    (i) "NAFED" means the National Association of Fire
4Equipment Distributors located in Chicago, Illinois.
5    (j) "ICC" means the International Code Council.
6(Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.)
 
7    (225 ILCS 217/10)
8    (Section scheduled to be repealed on January 1, 2023)
9    Sec. 10. License requirement; injunction; cease and desist
10order.
11    (a) No person shall act as a fire equipment distributor or
12employee, or advertise or assume to act as such, or use any
13title implying that such person is engaged in such practice or
14occupation unless licensed by the State Fire Marshal.
15    No firm, association, or corporation shall act as an
16agency licensed under this Act, or advertise or assume to act
17as such, or use any title implying that the firm, association,
18or corporation is engaged in such practice, unless licensed by
19the State Fire Marshal.
20    (b) The State Fire Marshal, in the name of the People and
21through the Attorney General, the State's Attorney of any
22county, any interested resident of the State, or any
23interested legal entity within the State, may petition the
24court with appropriate jurisdiction for an order seeking
25injunctive relief to enjoin from practicing a licensed

 

 

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1activity in violation of this Act any person, firm,
2association, or corporation who has not been issued a license,
3or whose license has been suspended, revoked, or not renewed.
4If any person, firm, association, or corporation holds itself
5out as being a licensee under this Act and is not licensed to
6do so, then any licensee, interested party, or any person
7injured thereby may petition for relief as provided in this
8Section. Upon the filing of a verified complaint, a copy shall
9be served upon the defendant and the proceedings shall
10thereafter be conducted as in other civil cases. The court
11with appropriate jurisdiction may issue a temporary
12restraining order without notice or bond. If it is established
13that the defendant has been or is practicing in violation of
14this Act, the court may enter a judgment permanently enjoining
15the defendant from such further activity. In case of violation
16of any injunctive order or judgment entered under the
17provisions of this Section, the court may summarily try and
18punish the offender for contempt of court. Such injunctive
19proceeding shall be in addition to all penalties and other
20remedies in this Act.
21    (c) Whenever, in the opinion of the State Fire Marshal, a
22person, firm, association, or corporation violates any
23provision of this Act, the State Fire Marshal may issue an
24order to show cause why an order to cease and desist should not
25be entered against that person, firm, association, or
26corporation. The order shall clearly set forth the grounds

 

 

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1relied upon by the State Fire Marshal and shall allow the
2person, firm, association, or corporation at least 7 days
3after the date of the order to file an answer satisfactory to
4the State Fire Marshal. A failure to answer an order to show
5cause to the satisfaction of the State Fire Marshal shall
6result in the issuance of an order to cease and desist.
7    (d) The State Fire Marshal may refuse to issue a license
8to, or may suspend the license of, any person or business
9entity that is not in good standing with the Department of
10Revenue until the person or business entity is in good
11standing with the Department of Revenue who fails to file a
12return, to pay the tax, penalty, or interest shown in a filed
13return, or to pay any final assessment of tax, penalty, or
14interest, as required by any tax Act administered by the
15Illinois Department of Revenue, until such time as the
16requirements of any such tax Act are satisfied.
17(Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.)
 
18    (225 ILCS 217/20)
19    (Section scheduled to be repealed on January 1, 2023)
20    Sec. 20. Deposit of fees and fines. All fees and fines
21collected under this Act shall be deposited into the Fire
22Prevention Fund.
23(Source: P.A. 96-1499, eff. 1-18-11.)
 
24    (225 ILCS 217/30)

 

 

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1    (Section scheduled to be repealed on January 1, 2023)
2    Sec. 30. Rules; report.
3    (a) The State Fire Marshal shall adopt rules consistent
4with the provisions of this Act for the administration and
5enforcement thereof, and may prescribe forms that shall be
6issued in connection therewith. The rules shall include
7standards and criteria for registration, professional conduct,
8and discipline. The Office may, by rule, establish fees,
9including, but not limited to, license fees, reinstatement
10fees, and processing fees.
11    (b) (Blank).
12    (c) (Blank).
13    (d) In the adopting of rules relating to fire equipment
14distributors and employees, the State Fire Marshal shall be
15guided by the national fire safety standards and codes and
16fire equipment and facility standards and code, including, but
17not limited to, those adopted by the National Fire Protection
18Association and the National Association of Fire Equipment
19Distributors.
20    (e) In the adopting of rules relating to the maintenance
21and operation of hydrostatic testing equipment and tools for
22all fire equipment distributors and employees, the State Fire
23Marshal shall be guided by the requirements of the United
24States Department of Transportation as set forth in Section
25173.34(e)(1) of Title 49 of Code of Federal Regulations.
26    (f) The State Fire Marshal shall by rule establish

 

 

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1procedures for an applicant for any class fire equipment
2employee license to work for a licensed fire equipment
3distributor for training.
4    (g) The rules adopted by the Office of the State Fire
5Marshal under the Fire Equipment Distributor and Employee
6Regulation Act of 2000 shall remain in effect until such time
7as the Office of the State Fire Marshal adopts rules under this
8Act.
9    (h) (Blank).
10(Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.)
 
11    (225 ILCS 217/40)
12    (Section scheduled to be repealed on January 1, 2023)
13    Sec. 40. Qualifications for licensure; fees.
14    (a) No person shall engage in practice as a fire equipment
15distributor or fire equipment employee without first applying
16for and obtaining a license for that purpose from the Office of
17the State Fire Marshal.
18    (b) To qualify for a Class A Fire Equipment Distributor
19License to service, recharge, hydro-test, install, maintain,
20or inspect all types of fire extinguishers, an applicant shall
21employ a currently licensed Class 1 Fire Equipment Employee
22and must provide all of the following:
23        (1) A triennial An annual license fee as determined by
24    rule of $100.
25        (2) Evidence of current registration as an Illinois

 

 

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1    corporation or other business entity and, when applicable,
2    evidence of compliance with the Assumed Business Name Act
3    and a list of officers.
4        (3) Evidence of financial responsibility in a minimum
5    amount of $1,000,000 $300,000 through liability insurance,
6    self-insurance, group insurance, group self-insurance, or
7    risk retention groups.
8        (3.5) Evidence of workers' compensation insurance
9    covering its employees or approval as a self-insurer of
10    workers' compensation in accordance with the laws of this
11    State.
12        (4) Evidence of owning, leasing, renting, or having
13    access to proper testing equipment that is in compliance
14    with the national standards adopted by the State Fire
15    Marshal for the maintenance and operation of testing tools
16    for use with all Class A fire equipment.
17    (c) To qualify for a Class B Fire Equipment Distributor
18License to service, recharge, hydro-test, install, maintain,
19or inspect all types of pre-engineered fire extinguishing
20systems, an applicant shall employ a currently licensed Class
212K Fire Equipment Employee or Class 2I Fire Equipment Employee
22and must provide all of the following:
23        (1) A triennial An annual license fee as determined by
24    rule of $200.
25        (2) Evidence of current registration as an Illinois
26    corporation or other business entity and, when applicable,

 

 

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1    evidence of compliance with the Assumed Business Name Act
2    and a list of officers.
3        (3) Evidence of financial responsibility in a minimum
4    amount of $1,000,000 $300,000 through liability insurance,
5    self-insurance, group insurance, group self-insurance, or
6    risk retention groups.
7        (3.5) Evidence of workers' compensation insurance
8    covering its employees or approval as a self-insurer of
9    workers' compensation in accordance with the laws of this
10    State.
11        (4) Evidence of owning, leasing, renting, or having
12    access to proper testing equipment that is in compliance
13    with the national standards adopted by the State Fire
14    Marshal for the maintenance and operation of testing tools
15    for use with all Class B fire equipment.
16    (d) To qualify for a Class C Fire Equipment Distributor
17License to service, repair, hydro-test, inspect, and engineer
18all types of engineered fire suppression systems, an applicant
19shall employ a currently licensed Class 3 Fire Equipment
20Employee and must provide all of the following:
21        (1) A triennial An annual license fee as determined by
22    rule of $300.
23        (2) Evidence of current registration as an Illinois
24    corporation or other business entity and, when applicable,
25    evidence of compliance with the Assumed Business Name Act
26    and a list of officers.

 

 

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1        (3) Evidence of financial responsibility in a minimum
2    amount of $1,000,000 $300,000 through liability insurance,
3    self-insurance, group insurance, group self-insurance, or
4    risk retention groups.
5        (3.5) Evidence of workers' compensation insurance
6    covering its employees or approval as a self-insurer of
7    workers' compensation in accordance with the laws of this
8    State.
9        (4) Evidence of owning, leasing, renting, or having
10    access to proper testing equipment that is in compliance
11    with the national standards adopted by the State Fire
12    Marshal for the maintenance and operation of testing tools
13    for use with all Class C fire equipment.
14    (e) To qualify for a Class 1 Fire Equipment Employee
15License to service, recharge, hydro-test, install, maintain,
16or inspect all types of fire extinguishers, a candidate shall
17an applicant must complete all of the following:
18        (1) Current certification by ICC or NAFED in Portable
19    Fire Extinguishers Pass the ICC/NAFED examination
20    administered by the ICC as a technician certified to
21    service a Portable Fire Extinguisher.
22        (2) Pay a triennial an annual license fee as
23    determined by rule of $20.
24        (3) Provide a digital color photograph of sufficient
25    quality 2 copies of a current photograph at least 1" x 1"
26    in size. An applicant who is 21 years of age or older

 

 

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1    seeking a religious exemption to this photograph
2    requirement shall furnish with the his or her application
3    an approved copy of United States Department of the
4    Treasury Internal Revenue Service Form 4029. Regardless of
5    age, an applicant seeking a religious exemption to this
6    photograph requirement shall submit fingerprints in a form
7    and manner prescribed by the State Fire Marshal with the
8    his or her application in lieu of a photograph.
9        (4) Provide a copy of a valid government-issued photo
10    identification.
11    (f) To qualify for a Class 2I Fire Equipment Employee
12License to service, recharge, hydro-test, install, maintain,
13or inspect all types of pre-engineered industrial fire
14extinguishing systems, a candidate shall an applicant must
15complete all of the following:
16        (1) Current certification by ICC or NAFED in Pass the
17    ICC/NAFED examination administered by the ICC as a
18    technician certified to service Pre-Engineered Industrial
19    Fire Suppression Systems.
20        (2) Pay a triennial an annual license fee as
21    determined by rule of $20.
22        (3) Provide a digital color photograph of sufficient
23    quality 2 copies of a current photograph at least 1" x 1"
24    in size. An applicant who is 21 years of age or older
25    seeking a religious exemption to this photograph
26    requirement shall furnish with the his or her application

 

 

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1    an approved copy of United States Department of the
2    Treasury Internal Revenue Service Form 4029. Regardless of
3    age, an applicant seeking a religious exemption to this
4    photograph requirement shall submit fingerprints in a form
5    and manner prescribed by the State Fire Marshal with the
6    his or her application in lieu of a photograph.
7        (4) Provide a copy of a valid government-issued photo
8    identification.
9    (f-5) To qualify for a Class 2K Fire Equipment Employee
10License to service, recharge, hydro-test, install, maintain,
11or inspect all types of pre-engineered kitchen fire
12extinguishing systems, a candidate shall an applicant must
13complete all of the following:
14        (1) Current certification by ICC or NAFED in Pass the
15    ICC/NAFED examination administered by the ICC as a
16    technician certified to service Pre-Engineered Kitchen
17    Fire Extinguishing Systems.
18        (2) Pay a triennial license an annual fee as
19    determined by rule of $20.
20        (3) Provide a digital color photograph of sufficient
21    quality 2 copies of a current photograph at least 1" x 1"
22    in size. An applicant who is 21 years of age or older
23    seeking a religious exemption to this photograph
24    requirement shall furnish with the his or her application
25    an approved copy of United States Department of the
26    Treasury Internal Revenue Service Form 4029. Regardless of

 

 

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1    age, an applicant seeking a religious exemption to this
2    photograph requirement shall submit fingerprints in a form
3    and manner prescribed by the State Fire Marshal with the
4    his or her application in lieu of a photograph.
5        (4) Provide a copy of a valid government-issued photo
6    identification.
7    (g) To qualify for a Class 3 Fire Equipment Employee
8License to service, recharge, hydro-test, install, maintain,
9inspect, or engineer all types of engineered fire
10extinguishing systems, an applicant must complete all of the
11following:
12        (1) Current certification by NAFED in Engineered Fire
13    Suppression Systems or current NICET Level III
14    certification in Special Hazards Systems Pass the
15    examination.
16        (2) Pay a triennial an annual license fee as
17    determined by rule of $20.
18        (3) Provide a digital color photograph of sufficient
19    quality current photograph at least 1" x 1" in size. An
20    applicant who is 21 years of age or older seeking a
21    religious exemption to this photograph requirement shall
22    furnish with the his or her application an approved copy
23    of United States Department of the Treasury Internal
24    Revenue Service Form 4029. Regardless of age, an applicant
25    seeking a religious exemption to this photograph
26    requirement shall submit fingerprints in a form and manner

 

 

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1    prescribed by the State Fire Marshal with the his or her
2    application in lieu of a photograph.
3        (4) Provide a copy of a valid government-issued photo
4    identification.
5    (h) (Blank). All licenses issued under this Act shall
6remain in effect unless the licensee is otherwise notified by
7the Office of the State Fire Marshal.
8(Source: P.A. 97-979, eff. 8-17-12; 98-848, eff. 1-1-15.)
 
9    (225 ILCS 217/45)
10    (Section scheduled to be repealed on January 1, 2023)
11    Sec. 45. Applications. Each application for a license to
12practice under this Act shall be in writing and signed by the
13applicant on forms provided by the State Fire Marshal. Each
14application for a fire equipment distributor license shall be
15signed by an authorized officer of the fire equipment
16distributor. Each application for an employee license shall be
17signed by an authorized officer of the fire equipment
18distributor and by the candidate for the employee license.
19(Source: P.A. 96-1499, eff. 1-18-11.)
 
20    (225 ILCS 217/60)
21    (Section scheduled to be repealed on January 1, 2023)
22    Sec. 60. Issuance of license; renewal.
23    (a) The Office State Fire Marshal shall, upon the
24applicant's satisfactory completion of the requirements

 

 

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1authorized under this Act and upon receipt of the requisite
2fees, issue the appropriate license and certificate or wallet
3card, as applicable, showing the name and business location of
4the licensee, and the dates of issuance and expiration. For an
5employee license, the wallet card shall also contain a
6photograph of the licensee, unless the licensee has a
7religious exemption in accordance with Section 40. , and shall
8contain a photograph of the licensee provided to the State
9Fire Marshal. An applicant who is 21 years of age or older
10seeking a religious exemption to the photograph required by
11this subsection shall furnish with his or her application an
12approved copy of United States Department of the Treasury
13Internal Revenue Service Form 4029. Regardless of age, an
14applicant seeking a religious exemption to this photograph
15requirement shall submit fingerprints in a form and manner
16prescribed by the State Fire Marshal with his or her
17application in lieu of a photograph.
18    (b) (Blank). Any license valid on December 31, 2010 under
19the Fire Equipment Distributor and Employee Regulation Act of
202000 shall be a valid license under this Act and expires when
21the valid license issued under the Fire Equipment Distributor
22and Employee Regulation Act of 2000 was scheduled to expire.
23    (c) An applicant for license renewal shall, at the time of
24renewal application, provide proof of qualifications for
25licensure under Section 40 for the respective license to the
26Office. Upon receipt of the requisite fees, the Office shall

 

 

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1issue the license in accordance with subsection (a). Each
2licensee may apply for renewal of his license upon payment of
3fees, as set forth in this Act. The expiration date and renewal
4period for each license issued under this Act shall be set by
5rule. Failure to renew by within 60 days of the expiration date
6shall lapse the license. A lapsed license may not be renewed
7reinstated until a written application is filed, an applicant
8has demonstrated proof of qualifications for licensure, and
9the renewal fee is paid, and a $50 reinstatement fee is paid.
10If not renewed, a license shall become inactive following 60
11days after the expiration date of the license. An inactive
12license may not be reinstated until a written application is
13filed, an applicant has demonstrated proof of qualifications
14for licensure, the renewal fee is paid, and the reinstatement
15fee is paid. A license may not be reinstated after one year
16from the expiration date of the license. Renewal and
17reinstatement fees shall be waived for persons who did not
18renew while on active duty in the military and who file for
19renewal or reinstatement restoration within one year after
20discharge from such service. A lapsed license may not be
21reinstated after 5 years have elapsed, except upon passing an
22examination to determine fitness to have the license restored
23and by paying the required fees.
24    (d) As a condition of renewal of a license, the State Fire
25Marshal may require the licensee to report information
26pertaining to the licensee's his practice which the State Fire

 

 

10200HB4301ham001- 19 -LRB102 21851 AMQ 35592 a

1Marshal determines to be in the interest of public safety.
2    (e) All fees paid under this Act are non-refundable. This
3shall not preclude the State Fire Marshal from refunding
4accidental overpayment of fees.
5(Source: P.A. 98-848, eff. 1-1-15.)
 
6    (225 ILCS 217/65)
7    (Section scheduled to be repealed on January 1, 2023)
8    Sec. 65. Returned checks; notification of lapsed or
9inactive license. The Office may require that any Any person
10who on 2 or more occasions issues or delivers a check or other
11order to the Office State Fire Marshal that is not honored by
12the financial institution upon which it is drawn because of
13insufficient funds on account shall pay to the State Fire
14Marshal, in addition to the amount owing upon the check or
15other order, a fee of $50. The State Fire Marshal shall notify
16the licensee whose license has lapsed or become inactive,
17within 30 days after the discovery by the State Fire Marshal
18that the licensee is practicing without a current license,
19that the individual, person, or distributor is acting as a
20fire equipment distributor or employee, as the case may be,
21without a license, and the amount due to the State Fire
22Marshal, which shall include the lapsed renewal fee,
23reinstatement fee, and all other fees required in order to
24renew or reinstate the license by this Section. If after the
25expiration of 30 days from the date of such notification, the

 

 

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1licensee whose license has lapsed seeks a current license, he
2shall thereafter apply to the State Fire Marshal for
3reinstatement of the license and pay all fees due to the State
4Fire Marshal. The State Fire Marshal may establish a fee for
5the processing of an application for reinstatement of a
6license that allows the State Fire Marshal to pay all costs and
7expenses incident to the processing of this application. The
8State Fire Marshal may waive the fees due under this Section in
9individual cases where he finds that the fees would be
10unreasonable or unnecessarily burdensome.
11(Source: P.A. 96-1499, eff. 1-18-11.)
 
12    (225 ILCS 217/70)
13    (Section scheduled to be repealed on January 1, 2023)
14    Sec. 70. Change of address; display of license; duplicate
15license or certificate.
16    (a) A licensee shall report a change in home or office
17address within 10 days of when it occurs.
18    (b) Each licensee shall prominently display the his or her
19license to practice at each place from which the practice is
20being performed. A fire equipment distributor licensee shall
21have a separate license for each business location within the
22State or outside the State if the business location is
23responsible for the performance of any applicable work under
24this Act performed within the State. If more than one location
25is used, branch office certificates shall be issued upon

 

 

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1payment of the fees to be established by the State Fire
2Marshal. Each fire equipment employee shall carry on his or
3her person a wallet card issued by the State Fire Marshal.
4    (c) If a license or certificate is lost, a duplicate shall
5be issued upon payment of the required fee to be established by
6the State Fire Marshal. If a licensee wishes to change the name
7on the license his or her name, the State Fire Marshal shall
8issue a license in the new name upon satisfactory proof that
9such change was done in accordance with law and upon payment of
10the required fee as determined by rule.
11    (d) Each licensee shall permit the licensee's his or her
12facilities to be inspected by representatives of the State
13Fire Marshal.
14(Source: P.A. 96-1499, eff. 1-18-11.)
 
15    (225 ILCS 217/75)
16    (Section scheduled to be repealed on January 1, 2023)
17    Sec. 75. Grounds for disciplinary sanctions. Licensees
18subject to this Act shall conduct their practice in accordance
19with this Act and with any rules adopted under this Act. The
20State Fire Marshal may refuse to issue or renew any license and
21it may suspend or revoke any license or may place on probation,
22censure, reprimand, or take other disciplinary action deemed
23appropriate by the State Fire Marshal and enumerated in this
24Act, including the imposition of fines not to exceed $5,000
25for each violation, with regard to any license issued under

 

 

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1this Act for any one or more of the reasons enumerated in this
2Section. Any civil penalty assessed by the State Fire Marshal
3pursuant to this Act shall be paid within 60 days after the
4effective date of the order imposing the civil penalty. The
5order shall constitute a judgment and may be filed and
6executed in the same manner as any judgment from any court of
7record.
8    Grounds for discipline under this Act are:
9        (1) fraud or material deception in obtaining or
10    renewing of a license;
11        (2) professional incompetence as manifested by poor
12    standards of service;
13        (3) engaging in dishonorable, unethical, or
14    unprofessional conduct of a character likely to deceive,
15    defraud, or harm the public in the course of professional
16    services or activities;
17        (4) conviction of any crime by a licensee that has a
18    substantial relationship to his or her practice or an
19    essential element of which is misstatement, fraud, or
20    dishonesty, or conviction in this or another state of any
21    crime that is a felony under the laws of Illinois or
22    conviction of a felony in a federal court, unless the
23    person demonstrates that he or she has been sufficiently
24    rehabilitated to warrant the public trust;
25        (5) performing any services in a grossly negligent
26    manner or permitting any of his or her licensed employees

 

 

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1    to perform services in a grossly negligent manner,
2    regardless of whether actual damage or damages to the
3    public is established;
4        (6) (blank); habitual drunkenness or habitual
5    addiction to the use of morphine, cocaine, controlled
6    substances, or other habit-forming drugs;
7        (7) directly or indirectly willfully receiving
8    compensation for any professional services not actually
9    rendered;
10        (8) having disciplinary action taken against his or
11    her license in another state;
12        (9) making differential treatment against any person
13    to his or her detriment because of race, color, creed,
14    sex, religion, or national origin;
15        (10) engaging in unprofessional conduct;
16        (11) engaging in false or misleading advertising;
17        (12) contracting or assisting unlicensed persons to
18    perform services for which a license is required under
19    this Act;
20        (13) permitting the use of his or her license to
21    enable any unlicensed person or agency to operate as a
22    licensee;
23        (14) performing and charging for services without
24    having authorization to do so from the member of the
25    public being served;
26        (15) failure to comply with any provision of this Act

 

 

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1    or the rules adopted under this Act;
2        (16) conducting business regulated by this Act without
3    a currently valid license; and .
4        (17) engaging in any unethical or criminal activity
5    incidental to activities within the scope of licensure.
6(Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.)
 
7    (225 ILCS 217/80)
8    (Section scheduled to be repealed on January 1, 2023)
9    Sec. 80. Complaints. All complaints concerning violations
10regarding licensees or unlicensed activity shall be received
11and logged by the State Fire Marshal and reported to the Board.
12(Source: P.A. 96-1499, eff. 1-18-11.)
 
13    (225 ILCS 217/85)
14    (Section scheduled to be repealed on January 1, 2023)
15    Sec. 85. Formal charges.
16    (a) Before revoking, suspending, annulling, withdrawing,
17amending materially, or refusing to renew any valid license,
18the State Fire Marshal shall file formal charges against the
19licensee. The formal charges shall, at a minimum, inform the
20licensee of the facts that make up the basis of the charge and
21that are specific enough to enable the licensee to defend
22himself.
23    (b) Each licensee whose conduct is the subject of a formal
24charge that seeks to impose disciplinary action against the

 

 

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1licensee shall be served notice of said formal charge at least
230 days before the date of the hearing, which shall be presided
3over by a hearing officer authorized by the State Fire
4Marshal. Service shall be considered to have been given if the
5notice was personally received by the licensee or if the
6notice was sent by certified mail, return receipt requested to
7the licensee at the licensee's last known address, as listed
8with the State Fire Marshal.
9    (c) The notice of formal charges shall consist at a
10minimum of the following information:
11        (1) the time, place, and date of the hearing;
12        (2) that the licensee shall appear personally at the
13    hearing and may be represented by counsel;
14        (3) that the licensee shall have the right to produce
15    witnesses and evidence on the licensee's in his behalf and
16    shall have the right to cross-examine witnesses and refute
17    evidence produced against the licensee him or her;
18        (4) that the hearing could result in disciplinary
19    action being taken against the his or her license;
20        (5) that rules for the conduct of these hearings exist
21    and it may be in the licensee's best interest to obtain a
22    copy;
23        (6) that a hearing officer authorized by the State
24    Fire Marshal shall preside at the hearing and following
25    the conclusion of said hearing shall make findings of
26    fact, conclusions of law, and recommendations, separately

 

 

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1    stated, to the State Fire Marshal as to what disciplinary
2    action, if any, should be imposed on the licensee;
3        (7) that the State Fire Marshal may continue such
4    hearing;
5        (8) that the licensee shall file a written answer to
6    the charges with the State Fire Marshal under oath within
7    20 days after service of the notice; and
8        (9) that if the accused fails to answer, a default
9    judgment shall be taken against him, her, or it, or that
10    his, her, or its license may be suspended, revoked, placed
11    on probationary status, or subject to other disciplinary
12    action as the State Fire Marshal deems proper, without a
13    hearing, if the act or acts charged constitute sufficient
14    grounds for such action under this Act.
15    (d) The hearing officer authorized by the State Fire
16Marshal shall hear evidence produced in support of the formal
17charges and contrary evidence produced by the licensee, if
18any. At the conclusion of the hearing, the hearing officer
19shall make findings of fact, conclusions of law, and
20recommendations, separately stated, and submit them to the
21State Fire Marshal and to all parties to the proceeding.
22Submission to the licensee shall be considered as having been
23made if done in a similar fashion as service of the notice of
24formal charges. Within 20 days after such service, any party
25to the proceeding may present to the State Fire Marshal a
26motion, in writing, for a rehearing which written motion shall

 

 

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1specify the particular grounds therefor.
2    (e) The State Fire Marshal, following the time allowed for
3filing a motion for rehearing, shall review the hearing
4officer's findings of fact, conclusions of law, and
5recommendations, and any motions filed subsequent thereto.
6After review of such information the State Fire Marshal may
7hear oral arguments and thereafter shall issue an order. The
8report of findings of fact, conclusions of law, and
9recommendations of the hearing officer shall be the basis for
10the State Fire Marshal's order. If the State Fire Marshal
11finds that substantial justice was not done, he or she may
12issue an order in contravention of the findings of fact,
13conclusions of law, and recommendations of the hearing
14officer. The finding is not admissible in evidence against the
15person in criminal prosecution brought for the violation of
16this Act, but the hearing and findings are not a bar to a
17criminal prosecution brought for the violation of this Act.
18    (f) All proceedings under this Section are matters of
19public record and shall be preserved.
20(Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.)
 
21    (225 ILCS 217/90)
22    (Section scheduled to be repealed on January 1, 2023)
23    Sec. 90. Disciplinary sanctions; hearings.
24    (a) The State Fire Marshal shall impose any of the
25following sanctions, singly or in combination, when he or she

 

 

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1finds that a licensee is guilty of any offense described in
2Section 75:
3        (1) revocation;
4        (2) suspension for any period of time;
5        (3) reprimand or censure;
6        (4) (blank); placement on probationary status and the
7    requirement of the submission of any of the following:
8            (i) report regularly to the Board or State Fire
9        Marshal upon matters that are the basis of the
10        probation;
11            (ii) continuation or renewal of professional
12        education until a satisfactory degree of skill has
13        been attained in those areas that are the basis of the
14        probation; or
15            (iii) such other reasonable requirements or
16        restrictions as are proper;
17        (5) refusal to issue, renew, reinstate, or restore;
18        (6) (blank); or revocation of probation that has been
19    granted and imposition of any other discipline in this
20    subsection (a) when the requirements of probation have not
21    been fulfilled or have been violated; or
22        (7) imposition of a fine not to exceed $5,000 for each
23    violation of this Act or the rules adopted under this Act.
24    (b) The State Fire Marshal may summarily suspend a license
25under this Act, without a hearing, simultaneously with the
26filing of a formal complaint and notice for a hearing provided

 

 

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1under this Section if the State Fire Marshal finds that the
2continued operations of the individual would constitute an
3immediate danger to the public. In the event the State Fire
4Marshal suspends a license under this subsection, a hearing by
5the hearing officer designated by the State Fire Marshal shall
6begin within 20 days after such suspension begins, unless
7continued at the request of the licensee.
8    (c) Disposition may be made of any formal complaint by
9consent order between the State Fire Marshal and the licensee.
10    (d) The State Fire Marshal shall reinstate any license to
11good standing under this Act, upon recommendation to the State
12Fire Marshal, after a hearing before the hearing officer
13authorized by the State Fire Marshal. The State Fire Marshal
14shall be satisfied that the applicant's renewed practice is
15not contrary to the public interest.
16    (e) (Blank). The State Fire Marshal may order a licensee
17to submit to a reasonable physical examination if his or her
18physical capacity to practice safely is at issue in a
19disciplinary proceeding. Failure to comply with a State Fire
20Marshal order to submit to a physical examination shall render
21a licensee liable to the summary suspension procedures
22described in this Section.
23    (f) The State Fire Marshal may conduct hearings and issue
24cease and desist orders to persons who engage in activities
25prohibited by this Act without having a valid license,
26certificate, or registration. Any person in violation of a

 

 

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1cease and desist order entered by the State Fire Marshal shall
2be subject to all of the remedies provided by law, and in
3addition, shall be subject to a civil penalty payable to the
4party injured by the violation.
5    (g) The State Fire Marshal shall seek to achieve
6consistency in the application of the foregoing sanctions and
7consent orders and significant departure from prior decisions
8involving similar conduct shall be explained in the State Fire
9Marshal's orders.
10(Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.)
 
11    (225 ILCS 217/115)
12    (Section scheduled to be repealed on January 1, 2023)
13    Sec. 115. Publication of records. The State Fire Marshal
14shall, upon request, publish a list of the names and addresses
15of all fire equipment distributor licensees and the names of
16all fire equipment employee licensees under the provisions of
17this Act. The State Fire Marshal shall publish a list of all
18persons whose licenses have been disciplined within one year,
19and a quarterly list of each individual who was denied
20employment status because of a criminal history, together with
21such other information as it may deem of interest to the
22public.
23(Source: P.A. 96-1499, eff. 1-18-11.)
 
24    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.".