Illinois General Assembly - Full Text of HB5256
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Full Text of HB5256  102nd General Assembly

HB5256ham001 102ND GENERAL ASSEMBLY

Rep. Tim Ozinga

Filed: 2/25/2022

 

 


 

 


 
10200HB5256ham001LRB102 22227 AMQ 36973 a

1
AMENDMENT TO HOUSE BILL 5256

2    AMENDMENT NO. ______. Amend House Bill 5256 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Department of Professional Regulation Law
5of the Civil Administrative Code of Illinois is amended by
6changing Section 2105-207 as follows:
 
7    (20 ILCS 2105/2105-207)
8    Sec. 2105-207. Records of Department actions.
9    (a) Any licensee subject to a licensing Act administered
10by the Division of Professional Regulation and who has been
11subject to disciplinary action by the Department may file an
12application with the Department on forms provided by the
13Department, along with the required fee of $175, to have the
14records classified as confidential, not for public release,
15and considered expunged for reporting purposes if:
16        (1) the application is submitted more than 2 3 years

 

 

10200HB5256ham001- 2 -LRB102 22227 AMQ 36973 a

1    after the date of the final disciplinary action offense or
2    offenses occurred or after restoration of the license,
3    whichever is later;
4        (2) the licensee has had no incidents of discipline
5    under the licensing Act since the final disciplinary
6    action was issued by the Department offense or offenses
7    identified in the application occurred;
8        (3) the Department has no pending investigations
9    against the licensee; and
10        (4) the licensee is not currently in a disciplinary
11    status.
12    (b) An application to make disciplinary records
13confidential shall only be considered by the Department for an
14offense or action relating to:
15        (1) failure to pay taxes;
16        (2) continuing education;
17        (3) failure to renew a license on time;
18        (4) failure to obtain or renew a certificate of
19    registration or ancillary license;
20        (5) advertising;
21        (5.1) discipline based on criminal charges or
22    convictions:
23            (A) that did not arise from the licensed activity
24        and was unrelated to the licensed activity; or
25            (B) that were dismissed or for which records have
26        been sealed or expunged;

 

 

10200HB5256ham001- 3 -LRB102 22227 AMQ 36973 a

1        (5.2) past probationary status of a license issued to
2    new applicants on the sole or partial basis of prior
3    convictions; or
4        (6) any grounds for discipline removed from the
5    licensing Act.
6    (c) An application shall be submitted to and considered by
7the Director of the Division of Professional Regulation upon
8submission of an application and the required non-refundable
9fee. The Department may establish additional requirements by
10rule. The Department is not required to report the removal of
11any disciplinary record to any national database. Nothing in
12this Section shall prohibit the Department from using a
13previous discipline for any regulatory purpose or from
14releasing records of a previous discipline upon request from
15law enforcement, or other governmental body as permitted by
16law. Classification of records as confidential shall result in
17removal of records of discipline from records kept pursuant to
18Sections 2105-200 and 2105-205 of this Act.
19    (d) Any applicant for licensure or a licensee whose
20petition for review is granted by the Department pursuant to
21subsection (a-1) of Section 2105-165 of this Law may file an
22application with the Department on forms provided by the
23Department to have records relating to his or her permanent
24denial or permanent revocation classified as confidential and
25not for public release and considered expunged for reporting
26purposes in the same manner and under the same terms as is

 

 

10200HB5256ham001- 4 -LRB102 22227 AMQ 36973 a

1provided in this Section for the offenses listed in subsection
2(b) of this Section, except that the requirements of a 2-year
37-year waiting period and the $175 $200 application fee do not
4apply.
5(Source: P.A. 100-262, eff. 8-22-17; 100-286, eff. 1-1-18;
6100-863, eff. 8-14-18; 100-872, eff. 8-14-18.)".