Full Text of SB1105 102nd General Assembly
SB1105sam001 102ND GENERAL ASSEMBLY | Sen. Rachelle Crowe Filed: 4/1/2022
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| 1 | | AMENDMENT TO SENATE BILL 1105
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1105 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title; Act supersedes the Illinois | 5 | | Certified Shorthand Reporters Act of 1984. This Act may be | 6 | | cited as the Illinois Court Reporters Licensing Act of 2022 , | 7 | | and it supersedes the Illinois Certified Shorthand Reporters | 8 | | Act of 1984 repealed by this Act. | 9 | | Section 5. Purpose. The practice of court reporting in the | 10 | | State is hereby declared to affect the public health, safety, | 11 | | and welfare and to be subject to regulation and control in the | 12 | | public interest. This Act is designed to encourage efficiency | 13 | | and integrity in the practice of court reporting as a | 14 | | profession; to promote efficiency in court and general | 15 | | reporting; to promote the advancement and employment of modern | 16 | | technology in the practice of court reporting; to extend |
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| 1 | | regulatory licensure to digital, electronic, stenographic, and | 2 | | voice reporting of legal and administrative proceedings; and | 3 | | to extend to the public the protection afforded by a | 4 | | standardized profession by establishing a standard of | 5 | | competency for licensed court reporters. It is further | 6 | | declared that, in order for the practice of court reporting as | 7 | | defined in this Act to merit and receive the confidence of the | 8 | | public, only qualified persons shall be authorized to practice | 9 | | court reporting in the State. This Act shall be liberally | 10 | | construed to best carry out these subjects and purposes. | 11 | | Section 10. Definitions. As used in this Act: | 12 | | "Address of record" means the designated address recorded | 13 | | by the Department in the applicant's or licensee's application | 14 | | file or license file as maintained by the Department's | 15 | | licensure maintenance unit. It is the duty of the applicant or | 16 | | licensee to inform the Department of any change of address, | 17 | | and those changes must be made either through the Department's | 18 | | Internet website or by contacting the Department. | 19 | | "Court reporter" means any person licensed under this Act | 20 | | by the Department of Financial and Professional Regulation. | 21 | | "Department" means the Department of Financial and | 22 | | Professional Regulation. | 23 | | "Digital reporting" or "electronic reporting" means | 24 | | reporting by the use of a sound recording device, by an | 25 | | audio-visual recording device, or by a combination of both, |
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| 1 | | utilizing microphones, multichannel audio recording equipment, | 2 | | or its equivalent, and operation and monitoring with the use | 3 | | of no less than 2 independent redundant recording devices, of | 4 | | grand jury proceedings, court proceedings, court-related | 5 | | proceedings, pretrial examinations, depositions, motions and | 6 | | related proceedings of like character, or proceedings of an | 7 | | administrative agency when the final decision of the agency | 8 | | with reference thereto is likely to be subject to judicial | 9 | | review under the Administrative Review Law. | 10 | | "Practice of court reporting" means reporting, by the use | 11 | | of any system of digital, electronic, stenographic, or voice | 12 | | reporting, of grand jury proceedings, court proceedings, | 13 | | court-related proceedings, pretrial examinations, | 14 | | depositions, and related proceedings of like character, or | 15 | | proceedings of an administrative agency when the final | 16 | | decision of any agency of state or local government with | 17 | | reference thereto is likely to be or is subject to review under | 18 | | the Administrative Review Law. | 19 | | "Reporting files" means the original digitally or | 20 | | electronically recorded audio files of the digital or | 21 | | electronic reporter, the paper or electronic notes of the | 22 | | stenographic reporter, or the voice recording of the voice | 23 | | reporter in any proceeding defined in this Act, while in | 24 | | attendance at such proceeding for the purpose of reporting the | 25 | | same. | 26 | | "Secretary" means the Secretary of Financial and |
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| 1 | | Professional Regulation. | 2 | | "Stenographic reporting" means reporting by the use of any | 3 | | system of manual or mechanical shorthand writing, of grand | 4 | | jury proceedings, court proceedings, court-related | 5 | | proceedings, pretrial examinations, depositions, motions and | 6 | | related proceedings of like character, or proceedings of an | 7 | | administrative agency when the final decision of the agency | 8 | | with reference thereto is likely to be subject to judicial | 9 | | review under the Administrative Review Law. | 10 | | "Voice reporting" means reporting by the use of a system | 11 | | of repeating words of the speaker or speakers into a closed or | 12 | | open microphone that is capable of digital translation into | 13 | | text, of grand jury proceedings, court proceedings, | 14 | | court-related proceedings, pretrial examinations, | 15 | | depositions, motions, and related proceedings of like | 16 | | character, or proceedings of an administrative agency when the | 17 | | final decision of the agency with reference thereto is likely | 18 | | to be subject to judicial review under the Administrative | 19 | | Review Law. | 20 | | Section 15. License required. No person may practice | 21 | | digital, electronic, stenographic, or voice reporting on a | 22 | | temporary or permanent basis in this State without being | 23 | | licensed under this Act. This Act does not prohibit any | 24 | | nonresident practicing court reporting from practicing court | 25 | | reporting in this State as to one single proceeding. |
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| 1 | | Section 20. Unlicensed practice; violation; civil penalty. | 2 | | (a) Any person who practices, offers to practice, attempts | 3 | | to practice, or holds oneself out to practice as a court | 4 | | reporter without being licensed under this Act shall, in | 5 | | addition to any other penalty provided by law, pay a civil | 6 | | penalty to the Department in an amount not to exceed $10,000 | 7 | | for each offense as determined by the Department and the | 8 | | assessment of costs as provided under Section 125. The civil | 9 | | penalty shall be assessed by the Department after a hearing is | 10 | | held in accordance with the provisions set forth in this Act | 11 | | regarding the provision of a hearing for the discipline of a | 12 | | licensee. | 13 | | (b) The Department has the authority and power to | 14 | | investigate any and all unlicensed activity. | 15 | | (c) The civil penalty shall be paid within 60 days after | 16 | | the effective date of the order imposing the civil penalty. | 17 | | The order shall constitute a judgment and may be filed and | 18 | | execution had thereon in the same manner as any judgment from | 19 | | any court of record. | 20 | | (d) All moneys collected under this Section shall be | 21 | | deposited into the General Professions Dedicated Fund. | 22 | | Section 25. Use of titles. | 23 | | (a) Every person to whom a valid existing license as a | 24 | | licensed court reporter has been issued under this Act shall |
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| 1 | | be designated as a licensed court reporter and not otherwise, | 2 | | and any such licensed court reporter may, in connection with | 3 | | his or her practice of court reporting, use the abbreviation | 4 | | "L.C.R." or the title "Court Reporter". | 5 | | (b) No person other than the holder of a valid existing | 6 | | license under this Act shall use the applicable titles or | 7 | | designations authorized by this Section. A person may hold a | 8 | | valid license only as a licensed court reporter, or L.C.R., | 9 | | and all other prior designations shall be abolished. | 10 | | (c) A licensed court reporter under this Act may use the | 11 | | titles authorized by this Section in connection with his or | 12 | | her profession or business. No other person other than the | 13 | | holder of a valid existing license under this Act shall use the | 14 | | title or designation of "Licensed Court Reporter", "Court | 15 | | Reporter", or "L.C.R.", either directly or indirectly in | 16 | | connection with his or her profession or business. | 17 | | Section 30. Administration of Act. | 18 | | (a) The Department shall exercise the powers and duties | 19 | | prescribed by the Civil Administrative Code of Illinois for | 20 | | the administration of licensing Acts and shall exercise such | 21 | | other powers and duties necessary for effectuating the | 22 | | purposes of this Act. | 23 | | (b) The Secretary may adopt rules consistent with the | 24 | | provisions of this Act for the administration and enforcement | 25 | | thereof, and for the payment of fees connected therewith, and |
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| 1 | | may prescribe forms which shall be issued in connection | 2 | | therewith. The rules may include standards and criteria for | 3 | | licensure and professional conduct and discipline. | 4 | | Section 40. Applications. Applications for original | 5 | | licenses shall be made to the Department in writing on forms | 6 | | prescribed by the Department and shall be accompanied by the | 7 | | required fee, which shall be nonrefundable. Any such | 8 | | application shall require such information as in the judgment | 9 | | of the Department will enable the Department to pass on the | 10 | | qualifications of the applicant for licensure. | 11 | | In determining competency, the Department shall require | 12 | | proof that the applicant has an adequate understanding of the | 13 | | English language, and that the applicant has sufficient | 14 | | ability to produce an accurate and reliable record, | 15 | | transcription, or report on any of the matters comprising the | 16 | | practice of court reporting, as defined in this Act, by the use | 17 | | of any recognized system of digital, electronic, stenographic, | 18 | | or voice reporting, and has a clear understanding of | 19 | | obligations between a digital, electronic, stenographic, or | 20 | | voice reporter and the parties to any proceedings reported, as | 21 | | well as the provisions of this Act. | 22 | | Section 45. Examinations. The Department shall authorize | 23 | | examinations at such time and place as it may designate. The | 24 | | examination shall be of a character to give a fair test of the |
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| 1 | | qualifications of the applicant to practice court reporting. | 2 | | Applicants for examination as licensed court reporters | 3 | | shall be required to pay, either to the Department or the | 4 | | designated testing service, a fee covering the cost of | 5 | | providing the examination. Failure to appear for the | 6 | | examination on the scheduled date, at the time and place | 7 | | specified, after the applicant's application for examination | 8 | | has been received and acknowledged by the Department or the | 9 | | designated testing service, shall result in the forfeiture of | 10 | | the examination fee. | 11 | | If an applicant neglects, fails, or refuses to take the | 12 | | next available examination offered or fails to pass an | 13 | | examination for licensure under this Act, the application | 14 | | shall be denied. If an applicant for examination for licensure | 15 | | under this Act fails to pass the examination within 3 years | 16 | | after filing his or her application, the application shall be | 17 | | denied. However, such applicant may thereafter make a new | 18 | | application accompanied by the required fee. | 19 | | The Department may employ consultants for the purpose of | 20 | | preparing and conducting examinations. | 21 | | An applicant has one year from the date of notification of | 22 | | successful completion of the examination to apply to the | 23 | | Department for a license. If an applicant fails to apply | 24 | | within one year, the applicant shall be required to take and | 25 | | pass the examination again unless licensed in another | 26 | | jurisdiction of the United States within one year of passing |
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| 1 | | the examination. | 2 | | Section 50. Qualifications. | 3 | | (a) A person shall be qualified for licensure as a | 4 | | licensed court reporter if: | 5 | | (1) that person has applied in writing in form and | 6 | | substance to the Department and: | 7 | | (A) is of good moral character, the determination | 8 | | of which shall take into account but not be fully based | 9 | | upon any felony conviction of the applicant; | 10 | | (B) has graduated from a high school or secondary | 11 | | school or its equivalent; and | 12 | | (C) that person has successfully completed the | 13 | | examination authorized by the Department or has | 14 | | received from the Department a reciprocal nonresident | 15 | | license, grant of waiver, or licensure on application; | 16 | | or | 17 | | (2) upon the issuance and submission of an official | 18 | | copy of certification by any national or interstate | 19 | | professional association recognized by the Department as | 20 | | providing authoritative certifications or examinations for | 21 | | digital, electronic, stenographic, or voice reporting. | 22 | | (b) Any person practicing as a court reporter on the | 23 | | effective date of this Act shall be permitted to continue such | 24 | | practice for a period of one year in order to comply with this | 25 | | Section. |
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| 1 | | (c) Additional qualifications for the practice of court | 2 | | reporting may be set by the Department by rule.
| 3 | | Section 55. Exclusive right to action. No action or suit | 4 | | shall be instituted, nor recovery therein be had, in any court | 5 | | of this State by any person for compensation for any act done | 6 | | or service rendered, the doing or rendering of which is | 7 | | prohibited under the provisions of this Act to any person | 8 | | other than licensed court reporters. | 9 | | Section 60. Expiration; renewal; and military service. The | 10 | | expiration date and renewal period for each license issued | 11 | | under this Act shall be set by rule. | 12 | | Any licensed court reporter who has permitted the license | 13 | | to expire or who has had the license on inactive status may | 14 | | have the license restored by making application to the | 15 | | Department, filing proof acceptable to the Department of the | 16 | | court reporter's fitness to have the license restored and | 17 | | paying the required restoration fee. The Department may | 18 | | consider a license expired less than 5 years as prima facie | 19 | | evidence that the applicant is fit. If a license has expired or | 20 | | has been placed on inactive status and the applicant has | 21 | | practiced in another jurisdiction during such period, | 22 | | satisfactory proof of fitness may include sworn evidence | 23 | | certifying to active practice in another jurisdiction. | 24 | | If a court reporter has not maintained an active practice |
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| 1 | | in another jurisdiction satisfactory to the Department, the | 2 | | Department shall determine, by an evaluation program | 3 | | established by rule, the court reporter's fitness to resume | 4 | | active status and shall, by rule, establish procedures and | 5 | | requirements for restoration. | 6 | | However, any licensed court reporter whose license expired | 7 | | while the court reporter was (i) in federal service on active | 8 | | duty with the Armed Forces of the United States, or the State | 9 | | Militia called into service or training, or (ii) in training | 10 | | or education under the supervision of the United States | 11 | | preliminary to induction into the military service, may have | 12 | | the license renewed or restored without paying any lapsed | 13 | | renewal fees if, within 2 years after termination of such | 14 | | service, training, or education except under conditions other | 15 | | than honorable, the court reporter furnished the Department | 16 | | with satisfactory evidence to the effect that the court | 17 | | reporter has been so engaged and that the court reporter's | 18 | | service, training, or education has been so terminated. | 19 | | Section 65. Inactive status. Any licensed court reporter | 20 | | who notifies the Department, in writing on forms prescribed by | 21 | | the Department, may elect to place the license on an inactive | 22 | | status and shall, subject to rules of the Department, be | 23 | | excused from payment of renewal fees until the court reporter | 24 | | notifies the Department in writing of the court reporter's | 25 | | desire to resume active status. |
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| 1 | | Any licensed court reporter requesting restoration from | 2 | | inactive status shall be required to pay the current renewal | 3 | | fee and shall be required to restore the license, as provided | 4 | | in Section 60. | 5 | | Any licensed court reporter whose license is in an | 6 | | inactive status shall not practice court reporting in this | 7 | | State. | 8 | | Section 70. Endorsement; licensure without examination. | 9 | | The Department may certify as a licensed court reporter, | 10 | | without examination, on payment of the required fee, an | 11 | | applicant who resides within the State and is a licensed court | 12 | | reporter registered under the laws of another jurisdiction, if | 13 | | the requirements for licensure of licensed court reporters in | 14 | | that jurisdiction were, at the date of his or her licensure, | 15 | | substantially equivalent to the requirements in force in this | 16 | | State on that date. | 17 | | Applicants have 3 years after the date of application to | 18 | | complete the application process. If the process has not been | 19 | | completed in 3 years, the application shall be denied, the fee | 20 | | forfeited, and the applicant must reapply and meet the | 21 | | requirements in effect at the time of reapplication. | 22 | | Section 75. Fees; returned checks. | 23 | | (a) The fees for the administration and enforcement of | 24 | | this Act, including, but not limited to, original licensure, |
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| 1 | | renewal, and restoration of a license issued under this Act, | 2 | | shall be set by rule. The fees shall be nonrefundable. | 3 | | (b) All fees, fines, and penalties collected under this | 4 | | Act shall be deposited into the General Professions Dedicated | 5 | | Fund and shall be appropriated to the Department for the | 6 | | ordinary and contingent expenses of the Department in the | 7 | | administration of this Act. | 8 | | (c) Any person who delivers a check or other payment to the | 9 | | Department that is returned to the Department unpaid by the | 10 | | financial institution upon which it is drawn shall pay to the | 11 | | Department, in addition to the amount already owed to the | 12 | | Department, a fine of $50. The fines imposed by this Section | 13 | | are in addition to any other discipline provided under this | 14 | | Act prohibiting unlicensed practice or practice on a | 15 | | nonrenewed license. The Department shall notify the person | 16 | | that payment of fees and fines shall be paid to the Department | 17 | | by licensed check or money order within 30 calendar days after | 18 | | the notification. If, after the expiration of 30 days after | 19 | | the date of the notification, the person has failed to submit | 20 | | the necessary remittance, the Department shall automatically | 21 | | terminate the license or deny the application, without | 22 | | hearing. If, after termination or denial, the person seeks a | 23 | | license, he or she shall apply to the Department for | 24 | | restoration or issuance of the license and pay all fees and | 25 | | fines due to the Department. The Department may establish a | 26 | | fee for the processing of an application for restoration of a |
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| 1 | | license to pay all expenses of processing this application. | 2 | | The Secretary may waive the fines due under this Section in | 3 | | individual cases where the Secretary finds that the fines | 4 | | would be unreasonable or unnecessarily burdensome. | 5 | | Section 80. Roster. The Department shall maintain a roster | 6 | | of the names and addresses of all license holders and of all | 7 | | persons whose licenses have been suspended, revoked, or placed | 8 | | on inactive or nonrenewed status within the previous year. | 9 | | This roster shall be available upon written request and | 10 | | payment of the required fee. | 11 | | Section 85. Advertising. Any person licensed under this | 12 | | Act may advertise the availability of professional services in | 13 | | the public media or on the premises where such professional | 14 | | services are rendered as permitted by law, on the condition | 15 | | that such advertising is truthful and not misleading and is in | 16 | | conformity with rules adopted by the Department. | 17 | | Advertisements shall not include false, fraudulent, deceptive, | 18 | | or misleading material or guarantees of success. | 19 | | Advertisements shall also not include any offers of any gift | 20 | | or item of value to attorneys or their staff or any other | 21 | | persons or entities associated with any litigation. | 22 | | Section 90. Professional service corporations. Nothing in | 23 | | this Act shall restrict license holders from forming |
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| 1 | | professional service corporations under the provisions of the | 2 | | Professional Service Corporation Act. | 3 | | Section 95. Rights and obligations. Any person who is a | 4 | | holder of an individual certificate as a certified shorthand | 5 | | reporter issued under any prior Act, including the Illinois | 6 | | Certified Shorthand Reporters Act of 1984, registering court | 7 | | reporters in this State and valid on the effective date of this | 8 | | Act, shall be deemed to be licensed under this Act and shall be | 9 | | subject to the same rights and obligations as persons | 10 | | originally licensed under this Act. All certificates issued | 11 | | under any prior Act, including the Illinois Certified | 12 | | Shorthand Reporters Act of 1984, are valid and are subject to | 13 | | the same authority of the Department to revoke or suspend them | 14 | | as licenses issued under this Act. | 15 | | Section 100. Revocation or suspension; proceedings. No | 16 | | proceedings to revoke or suspend any license shall abate by | 17 | | reason of the passage of this Act. The Department may revoke or | 18 | | suspend a license on account of any act or circumstance | 19 | | occurring before this Act shall take effect, if such act or | 20 | | circumstance is a ground for revocation or suspension under | 21 | | the provisions of the law in effect at the time of such act or | 22 | | circumstance, and such act or circumstance if it occurred | 23 | | after this Act shall take effect would be a ground for | 24 | | revocation or suspension under Section 105. |
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| 1 | | Section 105. Grounds for disciplinary action. | 2 | | (a) The Department may refuse to issue or renew, or may | 3 | | revoke, suspend, place on probation, reprimand, or take other | 4 | | disciplinary or nondisciplinary action as the Department may | 5 | | deem appropriate, including imposing fines not to exceed | 6 | | $10,000 for each violation and the assessment of costs as | 7 | | provided for in Section 125, with regard to any license for any | 8 | | one or a combination of the following: | 9 | | (1) material misstatement in furnishing information to | 10 | | the Department; | 11 | | (2) violations of this Act, or of the rules adopted | 12 | | under this Act; | 13 | | (3) conviction by plea of guilty or nolo contendere, | 14 | | finding of guilt, jury verdict, or entry of judgment or by | 15 | | sentencing of any crime, including, but not limited to, | 16 | | convictions, preceding sentences of supervision, | 17 | | conditional discharge, or first offender probation under | 18 | | the laws of any jurisdiction of the United States: (A) | 19 | | that is a felony; or (B) that is a misdemeanor, an | 20 | | essential element of which is dishonesty, or that is | 21 | | directly related to the practice of the profession; | 22 | | (4) fraud or any misrepresentation in applying for or | 23 | | procuring a license under this Act or in connection with | 24 | | applying for renewal of a license under this Act; | 25 | | (5) professional incompetence; |
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| 1 | | (6) aiding or assisting another person, firm, | 2 | | partnership, or corporation in violating any provision of | 3 | | this Act or its rules; | 4 | | (7) failing, within 60 days, to provide information in | 5 | | response to a written request made by the Department; | 6 | | (8) engaging in dishonorable, unethical, or | 7 | | unprofessional conduct of a character likely to deceive, | 8 | | defraud, or harm the public; | 9 | | (9) habitual or excessive use or abuse of drugs as | 10 | | defined in law as controlled substances, alcohol, or any | 11 | | other substances that results in the inability to practice | 12 | | with reasonable judgment, skill, or safety; | 13 | | (10) discipline by another state, unit of government, | 14 | | governmental agency, the District of Columbia, a | 15 | | territory, or foreign nation, if at least one of the | 16 | | grounds for the discipline is the same or substantially | 17 | | equivalent to those set forth in this Section; | 18 | | (11) charging for professional services not rendered, | 19 | | including filing false statements for the collection of | 20 | | fees for which services were not rendered, or giving, | 21 | | directly or indirectly, any gift or anything of value to | 22 | | attorneys or their staff or any other persons or entities | 23 | | associated with any litigation, that exceeds $200 total | 24 | | per year. For the purposes of this paragraph, pro bono | 25 | | services, as defined by State law, are permissible in any | 26 | | amount; |
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| 1 | | (12) a finding by the Department that the license | 2 | | holder, after having his or her license placed on | 3 | | probationary status, has violated the terms of probation; | 4 | | (13) willfully making or filing false records or | 5 | | reports in the practice of court reporting, including, but | 6 | | not limited to, false records filed with State agencies or | 7 | | departments; | 8 | | (14) physical illness, including, but not limited to, | 9 | | deterioration through the aging process or loss of motor | 10 | | skill which results in the inability to practice under | 11 | | this Act with reasonable judgment, skill, or safety; | 12 | | (15) solicitation of professional services other than | 13 | | by permitted advertising; | 14 | | (16) willful failure to take full and accurate | 15 | | digital, electronic, stenographic, or voice notes or files | 16 | | of any proceeding; | 17 | | (17) willful alteration of any digital, electronic, | 18 | | stenographic, or voice notes or files taken at any | 19 | | proceeding; | 20 | | (18) willful failure to accurately transcribe verbatim | 21 | | any digital, electronic, stenographic, or voice notes or | 22 | | files taken at any proceeding; | 23 | | (19) willful alteration of a transcript of digital, | 24 | | electronic, stenographic, or voice recording notes taken | 25 | | at any proceeding; | 26 | | (20) affixing one's signature to any transcript of |
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| 1 | | recording notes or files or certifying to its correctness | 2 | | unless the recording has been certified by the license | 3 | | holder or transcript has been prepared by or under the | 4 | | immediate supervision of the license holder; | 5 | | (21) willful failure to systematically retain | 6 | | recording notes or transcripts on paper or any electronic | 7 | | media for 10 years after the date that the notes or | 8 | | transcripts were taken; | 9 | | (22) failure to deliver transcripts in a timely manner | 10 | | or in accordance with contractual agreements; | 11 | | (23) establishing contingent fees as a basis of | 12 | | compensation; | 13 | | (24) mental illness or disability that results in the | 14 | | inability to practice under this Act with reasonable | 15 | | judgment, skill, or safety; | 16 | | (25) practicing under a false or assumed name, except | 17 | | as provided by law; | 18 | | (26) cheating on or attempting to subvert the | 19 | | licensing examination administered under this Act; and | 20 | | (27) allowing one's license under this Act to be used | 21 | | by an unlicensed person in violation of this Act. | 22 | | All fines imposed under this Section shall be paid within | 23 | | 60 days after the effective date of the order imposing the fine | 24 | | or in accordance with the terms set forth in the order imposing | 25 | | the fine. | 26 | | (b) The determination by a circuit court that a license |
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| 1 | | holder is subject to involuntary admission or judicial | 2 | | admission as provided in the Mental Health and Developmental | 3 | | Disabilities Code, operates as an automatic suspension. Such | 4 | | suspension will end only upon a finding by a court that the | 5 | | patient is no longer subject to involuntary admission or | 6 | | judicial admission, an order by the court so finding and | 7 | | discharging the patient. In any case where a license is | 8 | | suspended under this Section, the licensee may file a petition | 9 | | for restoration and shall include evidence acceptable to the | 10 | | Department that the licensee can resume practice in compliance | 11 | | with acceptable and prevailing standards of the profession. | 12 | | (c) If the Department of Healthcare and Family Services | 13 | | has previously determined a licensee or a potential licensee | 14 | | is more than 30 days delinquent in the payment of child support | 15 | | and has subsequently licensed the delinquency to the | 16 | | Department, the Department may refuse to issue or renew or may | 17 | | revoke or suspend that person's license or may take other | 18 | | disciplinary action against that person based solely upon the | 19 | | certification of delinquency made by the Department of | 20 | | Healthcare and Family Services in accordance with paragraph | 21 | | (5) of subsection (a) of Section 2105-15 of the Civil | 22 | | Administrative Code of Illinois. | 23 | | (d) In enforcing this Section, the Department, upon a | 24 | | showing of a possible violation, may compel any individual who | 25 | | is licensed under this Act or any individual who has applied | 26 | | for licensure under this Act to submit to a mental or physical |
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| 1 | | examination and evaluation, or both, which may include a | 2 | | substance abuse or sexual offender evaluation, at the expense | 3 | | of the Department. The Department shall specifically designate | 4 | | the examining physician licensed to practice medicine in all | 5 | | of its branches or, if applicable, the multidisciplinary team | 6 | | involved in providing the mental or physical examination and | 7 | | evaluation, or both. The multidisciplinary team shall be led | 8 | | by a physician licensed to practice medicine in all of its | 9 | | branches and may consist of one or more or a combination of | 10 | | physicians licensed to practice medicine in all of its | 11 | | branches, licensed chiropractic physicians, licensed clinical | 12 | | psychologists, licensed clinical social workers, licensed | 13 | | clinical professional counselors, and other professional and | 14 | | administrative staff. Any examining physician or member of the | 15 | | multidisciplinary team may require any person ordered to | 16 | | submit to an examination and evaluation pursuant to this | 17 | | Section to submit to any additional supplemental testing | 18 | | deemed necessary to complete any examination or evaluation | 19 | | process, including, but not limited to, blood testing, | 20 | | urinalysis, psychological testing, or neuropsychological | 21 | | testing. | 22 | | The Department may order the examining physician or any | 23 | | member of the multidisciplinary team to provide to the | 24 | | Department any and all records, including business records, | 25 | | that relate to the examination and evaluation, including any | 26 | | supplemental testing performed. The Department may order the |
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| 1 | | examining physician or any member of the multidisciplinary | 2 | | team to present testimony concerning this examination and | 3 | | evaluation of the licensed court reporter or applicant, | 4 | | including testimony concerning any supplemental testing or | 5 | | documents relating to the examination and evaluation. No | 6 | | information, report, record, or other documents in any way | 7 | | related to the examination and evaluation shall be excluded by | 8 | | reason of any common law or statutory privilege relating to | 9 | | communication between the licensee or applicant and the | 10 | | examining physician or any member of the multidisciplinary | 11 | | team. No authorization is necessary from the licensed court | 12 | | reporter or applicant ordered to undergo an evaluation and | 13 | | examination for the examining physician or any member of the | 14 | | multidisciplinary team to provide information, reports, | 15 | | records, or other documents or to provide any testimony | 16 | | regarding the examination and evaluation. The individual to be | 17 | | examined may have, at his or her own expense, another | 18 | | physician of his or her choice present during all aspects of | 19 | | the examination. | 20 | | Failure of any individual to submit to mental or physical | 21 | | examination and evaluation, or both, when directed, shall | 22 | | result in an automatic suspension, without hearing, until the | 23 | | individual submits to the examination. If the Department finds | 24 | | a licensed court reporter unable to practice because of the | 25 | | reasons set forth in this Section, the Department shall | 26 | | require the licensed court reporter to submit to care, |
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| 1 | | counseling, or treatment by physicians approved or designated | 2 | | by the Department, as a condition for continued, reinstated, | 3 | | or renewed licensure. | 4 | | When the Secretary immediately suspends a license under | 5 | | this Section, a hearing upon the person's license must be | 6 | | convened by the Department within 15 days after the suspension | 7 | | and completed without appreciable delay. The Department shall | 8 | | have the authority to review the licensed court reporter's | 9 | | record of treatment and counseling regarding the impairment, | 10 | | to the extent permitted by applicable federal statutes and | 11 | | regulations safeguarding the confidentiality of medical | 12 | | records. | 13 | | Individuals licensed under this Act affected under this | 14 | | Section shall be afforded an opportunity to demonstrate to the | 15 | | Department that they can resume practice in compliance with | 16 | | acceptable and prevailing standards under the provisions of | 17 | | their licensure. | 18 | | (e) The Department may refuse to issue or may suspend | 19 | | without hearing, as provided for in the Code of Civil | 20 | | Procedure, the license of any person who fails to file a | 21 | | return, to pay the tax, penalty, or interest shown in a filed | 22 | | return, or to pay any final assessment of tax, penalty, or | 23 | | interest as required by any tax Act administered by the | 24 | | Department of Revenue, until the requirements of any such tax | 25 | | Act are satisfied in accordance with subsection (g) of Section | 26 | | 2105-15 of the Civil Administrative Code of Illinois. |
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| 1 | | Section 110. Injunctive actions; order to cease and | 2 | | desist. | 3 | | (a) If any person violates the provisions of this Act, the | 4 | | Secretary may, through the Attorney General or the State's | 5 | | Attorney of the county in which the violation is alleged to | 6 | | have occurred, petition for an order enjoining such violation | 7 | | or for an order enforcing compliance with this Act. Upon the | 8 | | filing of a verified petition in such court, the court may | 9 | | issue a temporary restraining order, without notice or bond, | 10 | | and may preliminarily and permanently enjoin such violation. | 11 | | If it is established that such person has violated or is | 12 | | violating the injunction, the court may punish the offender | 13 | | for contempt of court. Proceedings under this Section shall be | 14 | | in addition to, and not in lieu of, all other remedies and | 15 | | penalties provided by this Act. | 16 | | (b) If any person practices as a licensed court reporter | 17 | | or holds oneself out as a licensed court reporter without | 18 | | being licensed under the provisions of this Act, then any | 19 | | licensed court reporter, any interested party, or any person | 20 | | injured thereby may, in addition to the Secretary, petition | 21 | | for relief as provided in subsection (a). | 22 | | (c) Whenever, in the opinion of the Department, any person | 23 | | violates any provision of this Act, the Department may issue a | 24 | | rule to show cause why an order to cease and desist should not | 25 | | be entered against that individual. The rule shall clearly set |
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| 1 | | forth the grounds relied upon by the Department and shall | 2 | | provide a period of 7 days after the date of the rule to file | 3 | | an answer to the satisfaction of the Department. Failure to | 4 | | answer to the satisfaction of the Department shall cause an | 5 | | order to cease and desist to be issued forthwith. | 6 | | Section 115. Investigations; notice and hearing. The | 7 | | Department may investigate the actions of any applicant or of | 8 | | any person or persons holding or claiming to hold a license. | 9 | | The Department shall, before refusing to issue or renew, or | 10 | | taking disciplinary action against, a license, at least 30 | 11 | | days prior to the date set for the hearing, notify in writing | 12 | | the applicant for, or holder of, a license of the nature of the | 13 | | charges and the time and place for a hearing on the charges. | 14 | | The Department shall direct the applicant or licensee to file | 15 | | a written answer to the charges with the Department under oath | 16 | | within 20 days after the service of the notice and inform the | 17 | | applicant or licensee that failure to file an answer will | 18 | | result in default being taken against the applicant or | 19 | | licensee. At the time and place fixed in the notice, the | 20 | | Department shall proceed to hear the charges and the parties | 21 | | or their counsel shall be accorded ample opportunity to | 22 | | present any pertinent statements, testimony, evidence, and | 23 | | arguments. The Department may continue the hearing from time | 24 | | to time. In case the person, after receiving the notice, fails | 25 | | to file an answer, his or her license may, in the discretion of |
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| 1 | | the Department, be revoked, suspended, or placed on | 2 | | probationary status or the Department may take whatever | 3 | | disciplinary action considered proper, including limiting the | 4 | | scope, nature, or extent of the person's practice or the | 5 | | imposition of a fine, without a hearing, if the act or acts | 6 | | charged constitute sufficient grounds for that action under | 7 | | this Act. The written notice and any notice in the subsequent | 8 | | proceeding may be served by registered or licensed mail to the | 9 | | licensee's address of record. | 10 | | Section 120. Confidentiality. All information collected by | 11 | | the Department in the course of an examination or | 12 | | investigation of a licensee or applicant, including, but not | 13 | | limited to, any complaint against a licensee filed with the | 14 | | Department and information collected to investigate any such | 15 | | complaint, shall be maintained for the confidential use of the | 16 | | Department and shall not be disclosed. The Department may not | 17 | | disclose the information to anyone other than law enforcement | 18 | | officials, other regulatory agencies that have an appropriate | 19 | | regulatory interest as determined by the Secretary, or a party | 20 | | presenting a lawful subpoena to the Department. | 21 | | Information and documents disclosed to a federal, State, | 22 | | county, or local law enforcement agency shall not be disclosed | 23 | | by the agency for any purpose to any other agency or person. A | 24 | | formal complaint filed against a licensee by the Department or | 25 | | any order issued by the Department against a licensee or |
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| 1 | | applicant shall be a public record, except as otherwise | 2 | | prohibited by law. | 3 | | Section 125. Records of proceedings. The Department, at | 4 | | its expense, shall preserve a record of all proceedings at the | 5 | | formal hearing of any case. The notice of hearing, complaint | 6 | | and all other documents in the nature of pleadings and written | 7 | | motions filed in the proceedings, the transcript of testimony, | 8 | | the report of the Department and orders of the Department, | 9 | | shall be the record of such proceeding. Any licensed court | 10 | | reporter who is found to have violated this Act or who fails to | 11 | | appear for a hearing to refuse to issue, restore, or renew a | 12 | | license or to discipline a licensee may be required by the | 13 | | Department to pay for the costs of the proceeding. These costs | 14 | | are limited to costs for court reporters, transcripts, and | 15 | | witness attendance and mileage fees. All costs imposed under | 16 | | this Section shall be paid within 60 days after the effective | 17 | | date of the order imposing the fine. | 18 | | Section 130. Subpoenas; oaths. The Department may subpoena | 19 | | and bring before it any person and to take the oral or written | 20 | | testimony or compel the production of any books, papers, | 21 | | records, or any other documents that the Secretary or his or | 22 | | her designee deems relevant or material to an investigation or | 23 | | hearing conducted by the Department with the same fees and | 24 | | mileage and in the same manner as prescribed by law in judicial |
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| 1 | | procedure in civil cases in courts of this State. | 2 | | The Secretary, the designated hearing officer, or a | 3 | | licensed court reporter may have power to administer oaths at | 4 | | any hearing which the Department conducts. Notwithstanding any | 5 | | other statute or Department rule to the contrary, all requests | 6 | | for testimony and production of documents or records shall be | 7 | | in accordance with this Act. | 8 | | Section 135. Compelling testimony; contempt. Any circuit | 9 | | court, upon application of the Department or license holder, | 10 | | may order the attendance and testimony of witnesses and the | 11 | | production of relevant documents, papers, files, books, and | 12 | | records in connection with any hearing or investigation. The | 13 | | court may compel obedience to its order by proceedings for | 14 | | contempt. | 15 | | Section 140. Department report. At the conclusion of the | 16 | | hearing, the Department shall present to the Secretary a | 17 | | written report of its findings of fact, conclusions of law, | 18 | | and recommendations. The report shall contain a finding as to | 19 | | whether the accused person violated this Act or failed to | 20 | | comply with the conditions required in this Act. The | 21 | | Department shall specify the nature of the violation or | 22 | | failure to comply, and shall make its recommendations to the | 23 | | Secretary. The report of findings of fact, conclusions of law, | 24 | | and recommendations of the Department shall be the basis for |
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| 1 | | the Department's action regarding a license. If the Secretary | 2 | | disagrees in any regard with the report of the Department he or | 3 | | she may issue an order in contravention thereof. The finding | 4 | | is not admissible in evidence against the person in a criminal | 5 | | prosecution brought for the violation of this Act, but the | 6 | | hearing and findings are not a bar to a criminal prosecution | 7 | | brought for the violation of this Act. | 8 | | Section 145. Motion for rehearing. In any hearing | 9 | | involving the refusal to issue or renew, or the taking of | 10 | | disciplinary action against, a license, a copy of the | 11 | | Department's report shall be served upon the respondent by the | 12 | | Department as provided in this Act for the service of the | 13 | | notice of hearing. Within 20 days after such service, the | 14 | | respondent may present to the Department a motion in writing | 15 | | for a rehearing, which motion shall specify the particular | 16 | | grounds therefor. If no motion for rehearing is filed, then | 17 | | upon the expiration of the time specified for filing such a | 18 | | motion, or if a motion for rehearing is denied, then upon such | 19 | | denial the Secretary may enter an order in accordance with | 20 | | recommendations of the Department except as provided in | 21 | | Section 140. If the respondent shall order from the reporting | 22 | | service, and pay for a transcript of the record within the time | 23 | | for filing a motion for rehearing, the 20-day period within | 24 | | which such a motion may be filed shall commence upon the | 25 | | delivery of the transcript to the respondent. |
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| 1 | | Section 150. Rehearing ordered by Secretary. Whenever the | 2 | | Secretary is satisfied that substantial justice has not been | 3 | | done in the revocation, suspension of, or the refusal to issue | 4 | | or renew a license, the Secretary may order a rehearing by the | 5 | | Department or a designated hearing officer. | 6 | | Section 155. Hearing officers, reports, and review. The | 7 | | Secretary shall have the authority to appoint any attorney | 8 | | duly licensed to practice law in this State to serve as the | 9 | | hearing officer in any action involving a refusal to issue or | 10 | | renew, or the taking of disciplinary action against a license. | 11 | | The hearing officer shall have full authority to conduct the | 12 | | hearing. The hearing officer shall report his or her findings | 13 | | of fact, conclusions of law, and recommendations to the | 14 | | Department and the Secretary. The Department shall have 60 | 15 | | days after receipt of the report to review the report of the | 16 | | hearing officer and present their findings of fact, | 17 | | conclusions of law, and recommendations to the Secretary. If | 18 | | the Department fails to present its report within the 60-day | 19 | | period, the Secretary may issue an order based on the report of | 20 | | the hearing officer. If the Secretary disagrees with the | 21 | | report of the Department or hearing officer, he or she may | 22 | | issue an order in contravention thereof. | 23 | | Section 160. Order or licensed copy; prima facie proof. An |
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| 1 | | order or a licensed copy thereof, over the seal of the | 2 | | Department and purporting to be signed by the Secretary, shall | 3 | | be prima facie proof that: | 4 | | (1) the signature is the genuine signature of the | 5 | | Secretary; and | 6 | | (2) the Secretary is duly appointed and qualified. | 7 | | Section 165. Restoration of license from discipline. At | 8 | | any time after successful completion of a term of indefinite | 9 | | probation, suspension, or revocation of a license, the | 10 | | Department may restore the license to the licensee, unless, | 11 | | after an investigation and hearing, the Secretary determines | 12 | | that restoration is not in the public interest or that the | 13 | | licensee has not been sufficiently rehabilitated to warrant | 14 | | the public trust. No person or entity whose license or | 15 | | authority has been revoked as authorized in this Act may apply | 16 | | for restoration of that license or authority until the time | 17 | | provided for in the Civil Administrative Code of Illinois. | 18 | | Section 170. Surrender of license. Upon the revocation or | 19 | | suspension of any license, the license holder shall forthwith | 20 | | surrender the license to the Department. If the license holder | 21 | | fails to do so, the Department shall have the right to seize | 22 | | the license. | 23 | | Section 175. Summary suspension. The Secretary may |
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| 1 | | summarily suspend the license of a licensed court reporter | 2 | | without a hearing, simultaneously with the institution of | 3 | | proceedings for a hearing provided for in Section 115, if the | 4 | | Secretary finds that the evidence indicates that a licensed | 5 | | court reporter's continuation in practice would constitute an | 6 | | imminent danger to the public. If the Secretary summarily | 7 | | suspends the license of a licensed court reporter without a | 8 | | hearing, a hearing shall be commenced within 30 days after | 9 | | such suspension has occurred and shall be concluded as | 10 | | expeditiously as possible. | 11 | | Section 180. Administrative Review Law. All final | 12 | | administrative decisions of the Department are subject to | 13 | | judicial review pursuant to the Administrative Review Law and | 14 | | all rules adopted pursuant thereto. As used in this Section, | 15 | | "administrative decision" has the same meaning as in Section | 16 | | 3-101 of the Code of Civil Procedure. | 17 | | Proceedings for judicial review shall be commenced in the | 18 | | circuit court of the county in which the party applying for | 19 | | review resides, except that if the party is not a resident of | 20 | | this State, the venue shall be Sangamon County. | 21 | | Section 185. Certification of record; receipt. The | 22 | | Department shall not be required to certify any record to the | 23 | | court or file any answer in court or otherwise appear in any | 24 | | court in a judicial review proceeding, unless and until the |
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| 1 | | Department has received from the plaintiff payment of the | 2 | | costs of furnishing and certifying the record, which costs | 3 | | shall be determined by the Department. Exhibits shall be | 4 | | licensed without cost. Failure on the part of the plaintiff to | 5 | | file a receipt in court shall be grounds for dismissal of the | 6 | | action. | 7 | | Section 190. Penalties. Any person who is found to have | 8 | | violated any provision of this Act is guilty of a Class A | 9 | | misdemeanor for the first offense. On conviction of a second | 10 | | or subsequent offense, the violator shall be guilty of a Class | 11 | | 4 felony. All criminal fines, moneys, or other property | 12 | | collected or received by the Department under this Section, or | 13 | | any other State or federal statute, shall be deposited into | 14 | | the General Professions Dedicated Fund. | 15 | | Section 195. Administrative Procedure Act. The Illinois | 16 | | Administrative Procedure Act is hereby expressly adopted and | 17 | | incorporated herein as if all of the provisions of that Act | 18 | | were included in this Act, except that the provision of | 19 | | subsection (d) of Section 10-65 of the Illinois Administrative | 20 | | Procedure Act that provides that at hearings the license | 21 | | holder has the right to show compliance with all lawful | 22 | | requirements for retention, continuation, or renewal of | 23 | | licensure is specifically excluded. For the purpose of this | 24 | | Act, the notice required under Section 10-25 of the Illinois |
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| 1 | | Administrative Procedure Act is deemed sufficient when mailed | 2 | | to the last known address of record. | 3 | | Section 200. Home rule. The regulation and licensing of a | 4 | | court reporter are exclusive powers and functions of the | 5 | | State. A home rule unit may not regulate or license a court | 6 | | reporter or the practice of court reporting. This Section is a | 7 | | denial and limitation of home rule powers and functions under | 8 | | subsection (h) of Section 6 of Article VII of the Illinois | 9 | | Constitution. | 10 | | Section 205. Name and license number on transcript. Every | 11 | | court reporter shall print the licensee's name and license or | 12 | | restricted license number on each transcript reported. | 13 | | Section 210. Responsibility for notes. It is the | 14 | | licensee's responsibility to preserve his or her court notes | 15 | | and recordings for a period of no less than 10 years after the | 16 | | date that the notes or transcripts were taken, except as | 17 | | otherwise prescribed by law, through storage of the original | 18 | | paper notes or an electronic copy of either the court notes or | 19 | | the English transcript of the notes on computer disks, | 20 | | cassettes, backup tape systems, optical or laser disk systems, | 21 | | data storage, or other retrieval systems available at the time | 22 | | that the notes or transcripts were taken. |
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| 1 | | Section 215. Continuing education. As a condition for | 2 | | renewal of a license, licensees shall be required to complete | 3 | | continuing education in accordance with rules established by | 4 | | the Department. | 5 | | Persons employed as full-time court reporters under this | 6 | | Act may apply for a waiver from the continuing education | 7 | | requirements. The waiver shall be granted upon the submission | 8 | | of evidence satisfactory to the Department that the licensed | 9 | | court reporter is employed as a full-time court reporter under | 10 | | this Act. | 11 | | Section 800. The Regulatory Sunset Act is amended by | 12 | | changing Section 4.34 and by adding Section 4.43 as follows: | 13 | | (5 ILCS 80/4.34) | 14 | | Sec. 4.34. Acts and Section repealed on January 1, 2024. | 15 | | The following Acts and
Section of an Act are repealed
on | 16 | | January 1, 2024: | 17 | | The Crematory Regulation Act. | 18 | | The Electrologist Licensing Act. | 19 | | The Illinois Certified Shorthand Reporters Act of | 20 | | 1984. | 21 | | The Illinois Occupational Therapy Practice Act. | 22 | | The Illinois Public Accounting Act. | 23 | | The Private Detective, Private Alarm, Private | 24 | | Security, Fingerprint Vendor, and Locksmith Act of 2004. |
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| 1 | | The Registered Surgical Assistant and Registered | 2 | | Surgical Technologist
Title Protection Act. | 3 | | Section 2.5 of the Illinois Plumbing License Law.
| 4 | | The Veterinary Medicine and Surgery Practice Act of | 5 | | 2004. | 6 | | (Source: P.A. 102-291, eff. 8-6-21.) | 7 | | (5 ILCS 80/4.43 new) | 8 | | Sec. 4.43. Act repealed on January 1, 2033. The following | 9 | | Act is repealed on January 1, 2033: | 10 | | The Illinois Court Reporters Licensing Act of 2022. | 11 | | Section 805. The Oaths and Affirmations Act is amended by | 12 | | changing Sections 1 and 2 as follows:
| 13 | | (5 ILCS 255/1) (from Ch. 101, par. 1)
| 14 | | Sec. 1. Oaths and affirmations. All courts, and all judges | 15 | | and the clerk thereof, the county clerk,
deputy county clerk, | 16 | | notaries public, and persons licensed certified under the | 17 | | Illinois Court Reporters Licensing Act of 2022
Illinois | 18 | | Certified Shorthand Reporters Act of 1984 have the power to
| 19 | | administer
oaths
and affirmations to witnesses and others, | 20 | | concerning anything commenced or
to be commenced, or pending | 21 | | before them respectively.
| 22 | | (Source: P.A. 90-294, eff. 8-1-97.)
|
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| 1 | | (5 ILCS 255/2) (from Ch. 101, par. 2)
| 2 | | Sec. 2. Affidavits and depositions. All courts, and | 3 | | judges, and the clerks thereof, the county clerk, deputy
| 4 | | county clerk, the Secretary of State, notaries public, and
| 5 | | persons licensed
certified under the Illinois Court Reporters | 6 | | Licensing Act of 2022
Illinois Certified Shorthand Reporters | 7 | | Act of 1984
may administer all
oaths of office and all other | 8 | | oaths authorized or required of any officer
or other person, | 9 | | and take affidavits and depositions concerning any matter
or | 10 | | thing, process or proceeding commenced or to be commenced, or | 11 | | pending in
any court or before them, or on any occasion wherein | 12 | | any affidavit or
deposition is authorized or required by law | 13 | | to be taken.
| 14 | | The same functions may be performed by any commissioned | 15 | | officer in
active service of the armed forces of the United | 16 | | States, within or without
the United States. Oaths, affidavits | 17 | | or depositions taken by or
affirmations made before such | 18 | | officers need not be authenticated nor
attested by any seal | 19 | | nor shall any instruments executed or proceedings had
before | 20 | | such officers be invalid because the place of the proceedings | 21 | | or of
the execution is not stated.
| 22 | | (Source: P.A. 97-36, eff. 1-1-12.)
| 23 | | Section 810. The Department of Professional Regulation Law | 24 | | of the
Civil Administrative Code of Illinois is amended by | 25 | | changing Section 2105-115 as follows:
|
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| 1 | | (20 ILCS 2105/2105-115) (was 20 ILCS 2105/60f)
| 2 | | Sec. 2105-115. Licensed court Certified shorthand | 3 | | reporter; transcript. The Department, at its
expense,
shall | 4 | | provide a licensed court certified shorthand reporter
to take | 5 | | down the testimony and preserve a record of all proceedings at | 6 | | the
hearing of any case in which a license may be revoked,
| 7 | | suspended, placed
on probationary status, reprimanded, fined, | 8 | | or subjected to other disciplinary action with
reference to | 9 | | the license when a disciplinary action is
authorized
in any | 10 | | licensing Act administered by the Department. The notice,
| 11 | | complaint, and all other documents in the nature of pleadings | 12 | | and written
motions filed in the proceedings, the transcript | 13 | | of testimony, the report
of the board, and the orders of the | 14 | | Department shall be the record of
the proceedings. The | 15 | | Department shall furnish
the record to
any person interested | 16 | | in the hearing upon payment therefor of $1 per page.
The | 17 | | Department may contract for court reporting services, and, in | 18 | | the event it does so, the Department shall provide the name and | 19 | | contact information for the licensed court certified shorthand | 20 | | reporter who transcribed the testimony at a hearing to any | 21 | | person interested, who may obtain a copy of the transcript of | 22 | | any proceedings at a hearing upon payment of the fee specified | 23 | | by the licensed court certified shorthand reporter. This | 24 | | charge is in addition to any fee charged by the
Department for | 25 | | certifying the record.
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| 1 | | (Source: P.A. 99-227, eff. 8-3-15; 100-262, eff. 8-22-17.)
| 2 | | Section 815. The Emergency Medical Services (EMS) Systems | 3 | | Act is amended by changing Section 3.40 as follows:
| 4 | | (210 ILCS 50/3.40)
| 5 | | Sec. 3.40. EMS System Participation Suspensions and
Due | 6 | | Process. | 7 | | (a) An EMS Medical Director may suspend from
participation | 8 | | within the System any EMS personnel, EMS Lead Instructor (LI), | 9 | | individual, individual
provider or other participant | 10 | | considered not to be meeting
the requirements of the Program | 11 | | Plan of that approved EMS
System.
| 12 | | (b) Prior to suspending any individual or entity, an EMS | 13 | | Medical Director
shall provide an opportunity for a hearing | 14 | | before the
local System review board in accordance with | 15 | | subsection (f) and the rules
promulgated by the Department.
| 16 | | (1) If the local System review board affirms or | 17 | | modifies the EMS Medical
Director's suspension order, the | 18 | | individual or entity shall have the opportunity for
a | 19 | | review of the local board's decision by the State EMS | 20 | | Disciplinary Review
Board, pursuant to Section 3.45 of | 21 | | this Act.
| 22 | | (2) If the local System review board reverses or | 23 | | modifies the EMS Medical
Director's order, the EMS Medical | 24 | | Director shall have the
opportunity for a review of the |
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| 1 | | local board's decision by the State EMS
Disciplinary | 2 | | Review Board, pursuant to Section 3.45 of this Act.
| 3 | | (3) The suspension shall commence only upon the | 4 | | occurrence of one of the
following:
| 5 | | (A) the individual or entity has waived the | 6 | | opportunity for a hearing before
the local System | 7 | | review board; or
| 8 | | (B) the order has been affirmed or modified by the | 9 | | local system review
board
and the individual or entity | 10 | | has waived the opportunity for review by the State
| 11 | | Board; or
| 12 | | (C) the order has been affirmed or modified by the | 13 | | local system review
board,
and the local board's | 14 | | decision has been affirmed or modified by the State
| 15 | | Board.
| 16 | | (c) An EMS Medical Director may immediately suspend an | 17 | | EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, LI, PHPA, | 18 | | PHAPRN, or other individual or entity if he or she finds that | 19 | | the
continuation in practice by the individual or entity would | 20 | | constitute an
imminent danger to the public. The suspended | 21 | | individual or entity shall be
issued an immediate verbal | 22 | | notification followed by a written suspension order
by the EMS | 23 | | Medical Director which states the
length, terms and basis for | 24 | | the suspension.
| 25 | | (1) Within 24 hours following the commencement of the | 26 | | suspension, the EMS
Medical Director shall deliver to the |
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| 1 | | Department, by messenger, telefax, or other | 2 | | Department-approved electronic communication, a
copy of | 3 | | the suspension order and copies of any written materials | 4 | | which relate
to the EMS Medical Director's decision to | 5 | | suspend the individual or entity. All medical and | 6 | | patient-specific information, including Department | 7 | | findings with respect to the quality of care rendered, | 8 | | shall be strictly confidential pursuant to the Medical | 9 | | Studies Act (Part 21 of Article VIII of the Code of Civil | 10 | | Procedure).
| 11 | | (2) Within 24 hours following the commencement of the | 12 | | suspension, the
suspended individual or entity may deliver | 13 | | to the Department, by messenger,
telefax, or other | 14 | | Department-approved electronic communication, a written | 15 | | response to the suspension order and copies of any written
| 16 | | materials which the individual or entity feels are | 17 | | appropriate. All medical and patient-specific information, | 18 | | including Department findings with respect to the quality | 19 | | of care rendered, shall be strictly confidential pursuant | 20 | | to the Medical Studies Act.
| 21 | | (3) Within 24 hours following receipt of the EMS | 22 | | Medical Director's
suspension order or the individual or | 23 | | entity's written response, whichever is later,
the | 24 | | Director or the Director's designee shall determine | 25 | | whether the suspension
should be stayed pending an | 26 | | opportunity for a hearing or
review in accordance with |
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| 1 | | this Act, or whether the suspension should continue
during | 2 | | the course of that hearing or review. The Director or the | 3 | | Director's
designee shall issue this determination to the | 4 | | EMS Medical Director, who shall
immediately notify the | 5 | | suspended individual or entity. The suspension shall | 6 | | remain
in effect during this period of review by the | 7 | | Director or the Director's
designee.
| 8 | | (d) Upon issuance of a suspension order for reasons | 9 | | directly related to
medical care, the EMS Medical Director | 10 | | shall also provide the individual or entity
with the | 11 | | opportunity for a hearing before the local System review | 12 | | board, in
accordance with subsection (f) and the rules | 13 | | promulgated by the Department.
| 14 | | (1) If the local System review board affirms or | 15 | | modifies the EMS Medical
Director's suspension order, the | 16 | | individual or entity shall have the opportunity for
a | 17 | | review of the local board's decision by the State EMS | 18 | | Disciplinary Review
Board, pursuant to Section 3.45 of | 19 | | this Act.
| 20 | | (2) If the local System review board reverses or | 21 | | modifies the EMS Medical
Director's suspension order, the | 22 | | EMS Medical Director shall have the
opportunity for a | 23 | | review of the local board's decision by the State EMS
| 24 | | Disciplinary Review Board, pursuant to Section 3.45 of | 25 | | this Act.
| 26 | | (3) The suspended individual or entity may elect to |
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| 1 | | bypass the local System review board
and seek direct | 2 | | review of the EMS Medical Director's suspension order by | 3 | | the
State EMS Disciplinary Review Board.
| 4 | | (e) The Resource Hospital shall designate a local System | 5 | | review board in
accordance with the rules of the Department, | 6 | | for the purpose of providing a
hearing to any individual or | 7 | | entity participating within the
System who is suspended from | 8 | | participation by the EMS Medical Director. The
EMS Medical | 9 | | Director shall arrange for a licensed court certified | 10 | | shorthand reporter to make a
stenographic record of that | 11 | | hearing and thereafter prepare a transcript of the
| 12 | | proceedings. The transcript, all documents or materials | 13 | | received as evidence
during the hearing and the local System | 14 | | review board's written decision shall
be retained in the | 15 | | custody of the EMS system. The System shall implement a
| 16 | | decision of the local System review board unless that decision | 17 | | has been
appealed to the State Emergency Medical Services | 18 | | Disciplinary Review Board in
accordance with this Act and the | 19 | | rules of the Department.
| 20 | | (f) The Resource Hospital shall implement a decision of | 21 | | the State Emergency
Medical Services Disciplinary Review Board | 22 | | which has been rendered in
accordance with this Act and the | 23 | | rules of the Department.
| 24 | | (Source: P.A. 100-201, eff. 8-18-17; 100-1082, eff. 8-24-19 .)
| 25 | | Section 820. The Illinois Athletic Trainers Practice Act |
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| 1 | | is amended by changing Section 19.5 as follows: | 2 | | (225 ILCS 5/19.5) | 3 | | (Section scheduled to be repealed on January 1, 2026) | 4 | | Sec. 19.5. Subpoenas; oaths. The Department may subpoena | 5 | | and bring before it any person and may take the oral or written | 6 | | testimony of any person or compel the production of any books, | 7 | | papers, records, or any other documents that the Secretary or | 8 | | his or her designee deems relevant or material to an | 9 | | investigation or hearing conducted by the Department with the | 10 | | same fees and mileage and in the same manner as prescribed by | 11 | | law in judicial procedure in civil cases in courts of this | 12 | | State. | 13 | | The Secretary, the designated hearing officer, any member | 14 | | of the Board, or a licensed certified shorthand court reporter | 15 | | may administer oaths at any hearing which the Department | 16 | | conducts. Notwithstanding any other statute or Department rule | 17 | | to the contrary, all requests for testimony or production of | 18 | | documents or records shall be in accordance with this Act.
| 19 | | (Source: P.A. 99-469, eff. 8-26-15.) | 20 | | Section 825. The Dietitian Nutritionist Practice Act is | 21 | | amended by changing Section 115 as follows:
| 22 | | (225 ILCS 30/115) (from Ch. 111, par. 8401-115)
| 23 | | (Section scheduled to be repealed on January 1, 2023)
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| 1 | | Sec. 115. Subpoenas; oaths; attendance of witnesses. | 2 | | (a) The Department may subpoena and bring before it
any | 3 | | person to take the oral or written testimony or compel the | 4 | | production of any books, papers, records, or any other | 5 | | documents that the Secretary or his or her designee deems | 6 | | relevant or material to any investigation or hearing conducted | 7 | | by the Department
with the same fees and mileage and in the | 8 | | same manner as prescribed in civil
cases in the courts of this | 9 | | State.
| 10 | | (b) The Secretary, the hearing officer, any member of the
| 11 | | Board, or a licensed certified shorthand court reporter may | 12 | | administer oaths at any hearing
that the Department conducts. | 13 | | Notwithstanding any other statute or Department rule to the | 14 | | contrary, all requests for testimony, production of documents, | 15 | | or records shall be in accordance with this Act.
| 16 | | (c) Any circuit court, upon application of the Department | 17 | | or licensee, may order the attendance and testimony of
| 18 | | witnesses and the production of relevant documents, papers, | 19 | | files,
books and records in connection with any hearing or | 20 | | investigations. The court
may compel obedience to its order by | 21 | | proceedings for contempt.
| 22 | | (Source: P.A. 97-1141, eff. 12-28-12.)
| 23 | | Section 830. The Funeral Directors and Embalmers Licensing | 24 | | Code is amended by changing Section 15-25 as follows:
|
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| 1 | | (225 ILCS 41/15-25)
| 2 | | (Section scheduled to be repealed on January 1, 2023)
| 3 | | Sec. 15-25. Subpoenas; oaths; attendance of witnesses. | 4 | | (a) The Department may subpoena and bring before it any | 5 | | person to take the oral or written testimony or compel the | 6 | | production of any books, papers, records, or any other | 7 | | documents that the Secretary or his or her designee deems | 8 | | relevant or material to any investigation or hearing conducted | 9 | | by the Department with the same fees and mileage and in the | 10 | | same manner as prescribed in civil cases in the courts of this | 11 | | State. | 12 | | (b) The Secretary, the hearing officer, any member of the | 13 | | Board, or a licensed certified shorthand court reporter may | 14 | | administer oaths at any hearing that the Department conducts. | 15 | | Notwithstanding any other statute or Department rule to the | 16 | | contrary, all requests for testimony, production of documents, | 17 | | or records shall be in accordance with this Code. | 18 | | (c) Any circuit court, upon application of
the applicant, | 19 | | licensee or the Department, may order
the attendance and | 20 | | testimony of witnesses and the production of relevant | 21 | | documents, files, books, records, and papers in connection | 22 | | with any hearing or investigation. The
court may compel | 23 | | compliance with its order by proceedings for
contempt of | 24 | | court.
| 25 | | (Source: P.A. 97-1130, eff. 8-28-12 .)
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| 1 | | Section 835. The Illinois Funeral or Burial Funds Act is | 2 | | amended by changing Sections 3b and 3d as follows:
| 3 | | (225 ILCS 45/3b) (from Ch. 111 1/2, par. 73.103b)
| 4 | | Sec. 3b.
The Comptroller, at his expense, shall provide a | 5 | | licensed court certified shorthand reporter to take down the | 6 | | testimony and preserve a record of all
proceedings at the | 7 | | hearing of any case involving the refusal to issue or
renew a | 8 | | license, the suspension or revocation of a license, the | 9 | | imposition
of a monetary penalty, or the referral of a case for | 10 | | criminal prosecution.
The record of any such proceeding shall | 11 | | consist of the notice of hearing,
complaint, all other | 12 | | documents in the nature of pleadings and written
motions filed | 13 | | in the proceedings, the transcript of testimony and the
report | 14 | | and orders of the Comptroller. Copies of the transcript of | 15 | | such
record may be purchased from the licensed court certified | 16 | | shorthand reporter who prepared
the record.
| 17 | | (Source: P.A. 84-839.)
| 18 | | (225 ILCS 45/3d) (from Ch. 111 1/2, par. 73.103d)
| 19 | | Sec. 3d.
Any person affected by a final administrative | 20 | | decision of the
Comptroller may have such decision reviewed | 21 | | judicially by the circuit court
of the county where such | 22 | | person resides, or in the case of a corporation,
where the | 23 | | registered office is located. If the plaintiff in the review
| 24 | | proceeding is not a resident of this State, venue shall be in |
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| 1 | | Sangamon
County. The provisions of the Administrative Review | 2 | | Law, as now or
hereafter amended, and any rules adopted | 3 | | thereunder shall govern all
proceedings for the judicial | 4 | | review of final administrative decisions of the
Comptroller. | 5 | | The term "administrative decision" is defined as in the
| 6 | | Administrative Review Law.
| 7 | | The Comptroller is not required to certify the record of | 8 | | the proceeding
unless the plaintiff in the review proceedings | 9 | | has purchased a copy of the
transcript from the licensed court | 10 | | certified shorthand reporter who prepared the record.
Exhibits | 11 | | shall be certified without cost.
| 12 | | (Source: P.A. 84-839.)
| 13 | | Section 840. The Massage Licensing Act is amended by | 14 | | changing Section 105 as follows:
| 15 | | (225 ILCS 57/105)
| 16 | | (Section scheduled to be repealed on January 1, 2027)
| 17 | | Sec. 105. Subpoenas; depositions; oaths. | 18 | | (a) The Department may subpoena and bring before it any | 19 | | person to take the oral or written testimony or compel the | 20 | | production of any books, papers, records, or any other | 21 | | documents that the Secretary or his or her designee deems | 22 | | relevant or material to any such investigation or hearing | 23 | | conducted by the Department with the same fees and in the same | 24 | | manner as prescribed in civil cases in the courts of this |
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| 1 | | State. | 2 | | (b) Any circuit court, upon the application of the | 3 | | licensee or the Department, may order the attendance and | 4 | | testimony of witnesses and the production of relevant | 5 | | documents, files, records, books, and papers in connection | 6 | | with any hearing or investigation. The circuit court may | 7 | | compel obedience to its order by proceedings for contempt. | 8 | | (c) The Secretary, the hearing officer, any member of the | 9 | | Board, or a licensed certified shorthand court reporter may | 10 | | administer oaths at any hearing the Department conducts. | 11 | | Notwithstanding any other statute or Department rule to the | 12 | | contrary, all requests for testimony, production of documents, | 13 | | or records shall be in accordance with this Act.
| 14 | | (Source: P.A. 97-514, eff. 8-23-11 .)
| 15 | | Section 845. The Medical Practice Act of 1987 is amended | 16 | | by changing Section 39 as follows:
| 17 | | (225 ILCS 60/39) (from Ch. 111, par. 4400-39)
| 18 | | (Section scheduled to be repealed on January 1, 2027)
| 19 | | Sec. 39. Licensed court certified shorthand reporter; | 20 | | record. The Department, at its expense, shall
provide a | 21 | | licensed court certified shorthand reporter to take down the | 22 | | testimony and
preserve a record of all proceedings at the | 23 | | hearing of any
case wherein a license may be revoked, | 24 | | suspended, placed on
probationary status, or other |
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| 1 | | disciplinary action taken with
regard thereto in accordance | 2 | | with Section 2105-115 of the Department of Professional | 3 | | Regulation Law of the Civil Administrative Code of Illinois. | 4 | | The notice of hearing, complaint and all
other documents in | 5 | | the nature of pleadings and written
motions filed in the | 6 | | proceedings, the transcript of
testimony, the report of the | 7 | | hearing officer, exhibits, the report of the Medical Board, | 8 | | and the orders
of the Department constitute the record of the | 9 | | proceedings.
| 10 | | (Source: P.A. 101-316, eff. 8-9-19; 102-20, eff. 1-1-22 .)
| 11 | | Section 850. The Naprapathic Practice Act is amended by | 12 | | changing Section 140 as follows:
| 13 | | (225 ILCS 63/140)
| 14 | | (Section scheduled to be repealed on January 1, 2023)
| 15 | | Sec. 140. Subpoena; oaths. | 16 | | (a) The Department may
subpoena and bring before it any | 17 | | person in this State and to take the oral or written testimony
| 18 | | or compel the production of any books, papers, records, or any | 19 | | other documents that the Secretary or his or her designee | 20 | | deems relevant or material to any investigation or hearing | 21 | | conducted by the Department with the same fees and mileage and | 22 | | in
the same manner as prescribed in civil cases in
circuit | 23 | | courts of this State.
| 24 | | (b) The Secretary, the hearing officer, and a licensed |
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| 1 | | certified shorthand court reporter may administer oaths at any | 2 | | hearing that the Department conducts. Notwithstanding any | 3 | | other statute or Department rule to the contrary, all requests | 4 | | for testimony, production of documents, or records shall be in | 5 | | accordance with this Act. | 6 | | (c) Any circuit
court, upon application of the Department | 7 | | or licensee, may order the attendance and testimony of | 8 | | witnesses and
the production of relevant documents, papers, | 9 | | files, books, and records in connection
with any hearing or | 10 | | investigation. The court may compel obedience to its order
by | 11 | | proceedings for contempt.
| 12 | | (Source: P.A. 97-778, eff. 7-13-12.)
| 13 | | Section 855. The Illinois Occupational Therapy Practice | 14 | | Act is amended by changing Section 19.4 as follows:
| 15 | | (225 ILCS 75/19.4) (from Ch. 111, par. 3723)
| 16 | | (Section scheduled to be repealed on January 1, 2024)
| 17 | | Sec. 19.4. Subpoenas; oaths. The Department may subpoena | 18 | | and bring
before it any person and to take the oral or written | 19 | | testimony or compel the production of any books, papers, | 20 | | records, or any other documents that the Secretary or his or | 21 | | her designee deems relevant or material to an investigation or | 22 | | hearing conducted by the Department with the same fees and | 23 | | mileage and in the same
manner as prescribed by law in judicial | 24 | | procedure in civil cases in
courts of this State.
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| 1 | | The Secretary, the designated hearing officer, any member | 2 | | of the Board, or a licensed certified shorthand court reporter | 3 | | may
administer oaths at any hearing which the
Department | 4 | | conducts. Notwithstanding any other statute or Department rule | 5 | | to the contrary, all requests for testimony or production of | 6 | | documents or records shall be in accordance with this Act.
| 7 | | (Source: P.A. 98-264, eff. 12-31-13.)
| 8 | | Section 860. The Boxing and Full-contact Martial Arts Act | 9 | | is amended by changing Section 20 as follows:
| 10 | | (225 ILCS 105/20) (from Ch. 111, par. 5020)
| 11 | | (Section scheduled to be repealed on January 1, 2027)
| 12 | | Sec. 20. Record of proceeding. | 13 | | (a) The Department, at its expense, shall provide a | 14 | | licensed court certified shorthand reporter to take down the | 15 | | testimony and preserve a record of all proceedings at the | 16 | | hearing of any case in which a licensee may be revoked, | 17 | | suspended, placed on probationary status, reprimanded, fined, | 18 | | or subjected to other disciplinary action with reference to | 19 | | the license when a disciplinary action is authorized under | 20 | | this Act and rules. The notice of hearing, complaint, and all | 21 | | other documents in the nature of pleadings and written | 22 | | portions filed in the proceedings, the transcript of the | 23 | | testimony, the report of the hearing officer, and the orders | 24 | | of the Department shall be the record of the proceedings. The |
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| 1 | | record may be made available to any person interested in the | 2 | | hearing upon payment of the fee required by Section 2105-115 | 3 | | of the Department of Professional Regulation Law of the Civil | 4 | | Administrative Code of Illinois. | 5 | | (b) The Department may contract for court reporting | 6 | | services, and, if it does so, the Department shall provide the | 7 | | name and contact information for the licensed court certified | 8 | | shorthand reporter who transcribed the testimony at a hearing | 9 | | to any person interested, who may obtain a copy of the | 10 | | transcript of any proceedings at a hearing upon payment of the | 11 | | fee specified by the licensed court certified shorthand | 12 | | reporter.
| 13 | | (Source: P.A. 102-20, eff. 1-1-22 .)
| 14 | | Section 865. The Professional Counselor and Clinical | 15 | | Professional Counselor
Licensing and Practice Act is amended | 16 | | by changing Section 100 as follows:
| 17 | | (225 ILCS 107/100)
| 18 | | (Section scheduled to be repealed on January 1, 2023)
| 19 | | Sec. 100. Subpoenas; oaths. The Department has
the power | 20 | | to subpoena and bring before it any person to take the oral or | 21 | | written
testimony or compel the production of any books, | 22 | | papers, records, or any other documents that the Secretary or | 23 | | his or her designee deems relevant or material to any | 24 | | investigation or hearing conducted by the Department, with the |
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| 1 | | same fees and
mileage and in the same manner as prescribed in | 2 | | civil cases in the courts of
this State.
| 3 | | The Secretary, the designated hearing officer, any member | 4 | | of the
Board, or a licensed certified shorthand court reporter | 5 | | may administer oaths at any hearing
which the Department | 6 | | conducts, and any other oaths
authorized in any Act | 7 | | administered by the Department. Notwithstanding any other | 8 | | statute or Department rules to the contrary, all requests for | 9 | | testimony, production of documents, or records shall be in | 10 | | accordance with this Act.
| 11 | | (Source: P.A. 97-706, eff. 6-25-12.)
| 12 | | Section 870. The Veterinary Medicine and Surgery Practice | 13 | | Act of 2004 is amended by changing Section 25.4 as follows:
| 14 | | (225 ILCS 115/25.4) (from Ch. 111, par. 7025.4)
| 15 | | (Section scheduled to be repealed on January 1, 2024)
| 16 | | Sec. 25.4.
The Department may subpoena and bring
before it | 17 | | any person and to take the oral or written testimony or compel | 18 | | the production of any books, papers, records, or any other | 19 | | documents that the Secretary or his or her designee deems | 20 | | relevant or material to an investigation or hearing conducted | 21 | | by the Department, with the same fees and mileage and in the | 22 | | same manner
as prescribed by law in judicial procedure in | 23 | | civil cases in courts of this
State.
| 24 | | The Secretary, the designated hearing officer, any member |
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| 1 | | of the Board, or a licensed certified shorthand court reporter | 2 | | may
have power to administer oaths at any hearing which the
| 3 | | Department conducts. Notwithstanding any other statute or | 4 | | Department rule to the contrary, all requests for testimony, | 5 | | production of documents or records shall be in accordance with | 6 | | this Act.
| 7 | | (Source: P.A. 98-339, eff. 12-31-13.)
| 8 | | Section 875. The Perfusionist Practice Act is amended by | 9 | | changing Section 125 as follows:
| 10 | | (225 ILCS 125/125)
| 11 | | (Section scheduled to be repealed on January 1, 2030)
| 12 | | Sec. 125. Record of proceedings. | 13 | | (a) The Department, at its
expense, shall preserve a | 14 | | record of all proceedings at the formal hearing of any case in | 15 | | which a license under this Act may be revoked, suspended, | 16 | | placed on probationary status, reprimanded, fined, or | 17 | | subjected to other disciplinary action with reference to the | 18 | | license when a disciplinary action is authorized under this | 19 | | Act and rules. The
notice of hearing, complaint, and all other | 20 | | documents in the
nature of pleadings and written motions filed | 21 | | in the
proceedings, the transcript of testimony, the report of | 22 | | the
Board or hearing officer, and orders of the Department | 23 | | shall be
the record of the proceeding. The record may be made | 24 | | available to any person interested in the
hearing on payment |
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| 1 | | of the fee required under Section 2105-115 of the Department | 2 | | of Professional Regulation Law.
| 3 | | (b) The Department may contract for court reporting | 4 | | services, and, if it does so, the Department shall provide the | 5 | | name and contact information for the licensed court certified | 6 | | shorthand reporter who transcribed the testimony at a hearing | 7 | | to any person interested, who may obtain a copy of the | 8 | | transcript of any proceedings at a hearing upon payment of the | 9 | | fee specified by the licensed court certified shorthand | 10 | | reporter. | 11 | | (Source: P.A. 101-311, eff. 8-9-19.)
| 12 | | Section 880. The Registered Surgical Assistant and | 13 | | Registered Surgical
Technologist Title Protection Act is | 14 | | amended by changing Section 100 as follows:
| 15 | | (225 ILCS 130/100)
| 16 | | (Section scheduled to be repealed on January 1, 2024)
| 17 | | Sec. 100. Subpoena power. | 18 | | (a) The Department may subpoena and bring before it any | 19 | | person
to take the oral or written testimony or compel the | 20 | | production of any books, papers, records, or any other | 21 | | documents that the Secretary or his or her designee deems | 22 | | relevant or material to any investigation or hearing conducted | 23 | | by the Department, with the same fees
and mileage and in the | 24 | | same manner as prescribed by law in
judicial proceedings in |
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| 1 | | civil cases in circuit courts of this
State. | 2 | | (b)
The Secretary, the hearing officer, or a licensed | 3 | | certified shorthand court reporter may administer oaths at any | 4 | | hearing that
the
Department conducts. Notwithstanding any | 5 | | other statute or Department rule to the contrary, all requests | 6 | | for testimony, production of documents, or records shall be in | 7 | | accordance with this Act.
| 8 | | (Source: P.A. 98-364, eff. 12-31-13.)
| 9 | | Section 885. The Illinois Explosives Act is amended by | 10 | | changing Section 5004 as follows:
| 11 | | (225 ILCS 210/5004) (from Ch. 96 1/2, par. 1-5004)
| 12 | | Sec. 5004. Record of proceedings; transcript. The | 13 | | Department or aggrieved party may
provide at its or his or her | 14 | | expense a licensed court certified shorthand reporter to take | 15 | | down the
testimony and preserve a record of all proceedings at | 16 | | the hearing of any
case involving denial or refusal to issue or | 17 | | renew a license or
certificate, or the suspension or | 18 | | revocation or other discipline of a
license or certificate. | 19 | | Copies of the transcript of such record may be
purchased from | 20 | | the licensed court certified shorthand reporter who prepared | 21 | | the record.
| 22 | | (Source: P.A. 96-1194, eff. 1-1-11.)
| 23 | | Section 890. The Illinois Architecture Practice Act of |
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| 1 | | 1989 is amended by changing Section 25 as follows:
| 2 | | (225 ILCS 305/25) (from Ch. 111, par. 1325)
| 3 | | (Section scheduled to be repealed on January 1, 2030)
| 4 | | Sec. 25. Record of proceedings. | 5 | | (a) The Department, at its expense, shall provide a | 6 | | licensed court certified shorthand reporter to take down the | 7 | | testimony and preserve a record of all proceedings at the | 8 | | hearing of any case in which a license may be revoked, | 9 | | suspended, placed on probationary status, reprimanded, fined, | 10 | | or subjected to other disciplinary action with reference to | 11 | | the license when a disciplinary action is authorized under | 12 | | this Act and rules. The notice of hearing, complaint, and all | 13 | | other documents in the nature of pleadings and written motions | 14 | | filed in the proceedings, the transcript of the testimony, the | 15 | | report of the Board, and the orders of the Department shall be | 16 | | the record of the proceedings. The record may be made | 17 | | available to any person interested in the hearing upon payment | 18 | | of the fee required by Section 2105-115 of the Department of | 19 | | Professional Regulation Law of the Civil Administrative Code | 20 | | of Illinois. | 21 | | (b) The Department may contract for court reporting | 22 | | services, and, if it does so, the Department shall provide the | 23 | | name and contact information for the licensed court certified | 24 | | shorthand reporter who transcribed the testimony at a hearing | 25 | | to any person interested, who may obtain a copy of the |
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| 1 | | transcript of any proceedings at a hearing upon payment of the | 2 | | fee specified by the licensed court certified shorthand | 3 | | reporter.
| 4 | | (Source: P.A. 101-346, eff. 8-9-19.)
| 5 | | Section 895. The Landscape Architecture Registration Act | 6 | | is amended by changing Section 95 as follows: | 7 | | (225 ILCS 316/95) | 8 | | (Section scheduled to be repealed on January 1, 2027)
| 9 | | Sec. 95. Record of proceedings.
| 10 | | (a) The Department, at its expense, shall provide a | 11 | | licensed court certified shorthand reporter to take down the | 12 | | testimony and preserve a record of all proceedings in which a | 13 | | registrant may have their registration revoked or suspended or | 14 | | in which the registrant may be placed on probationary status, | 15 | | reprimanded, fined, or subjected to other disciplinary action | 16 | | with reference to the registration when a disciplinary action | 17 | | is authorized under this Act and rules issued pursuant to this | 18 | | Act. The notice of hearing, complaint, and all other documents | 19 | | in the nature of pleadings and written motions filed in the | 20 | | proceedings, the transcript of the testimony, and the orders | 21 | | of the Department shall be the record of the proceedings. The | 22 | | record may be made available to any person interested in the | 23 | | hearing upon payment of the fee required by Section 2105-115 | 24 | | of the Department of Professional Regulation Law. |
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| 1 | | (b) The Department may contract for court reporting | 2 | | services, and, if it does so, the Department shall provide the | 3 | | name and contact information for the licensed court certified | 4 | | shorthand reporter who transcribed the testimony at a hearing | 5 | | to any person interested, who may obtain a copy of the | 6 | | transcript of any proceedings at a hearing upon payment of the | 7 | | fee specified by the licensed court certified shorthand | 8 | | reporter.
| 9 | | (Source: P.A. 102-284, eff. 8-6-21.) | 10 | | Section 900. The Professional Engineering Practice Act of | 11 | | 1989 is amended by changing Section 27 as follows:
| 12 | | (225 ILCS 325/27) (from Ch. 111, par. 5227)
| 13 | | (Section scheduled to be repealed on January 1, 2030)
| 14 | | Sec. 27. Record of proceedings. | 15 | | (a) The Department, at its expense, shall provide a | 16 | | licensed court certified shorthand reporter to take down the | 17 | | testimony and preserve a record of all proceedings at the | 18 | | hearing of any case in which a license may be revoked or | 19 | | suspended or in which a licensee may be placed on probationary | 20 | | status, reprimanded, fined, or subjected to other disciplinary | 21 | | action with reference to the license when a disciplinary | 22 | | action is authorized under this Act and its rules. The notice | 23 | | of hearing, complaint, and all other documents in the nature | 24 | | of pleadings and written motions filed in the proceedings, the |
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| 1 | | transcript of the testimony, the report of the Board, and the | 2 | | orders of the Department shall be the record of the | 3 | | proceedings. The record may be made available to any person | 4 | | interested in the hearing upon payment of the fee required by | 5 | | Section 2105-115 of the Department of Professional Regulation | 6 | | Law of the Civil Administrative Code of Illinois. | 7 | | (b) The Department may contract for court reporting | 8 | | services, and, if it does so, the Department shall provide the | 9 | | name and contact information for the licensed court certified | 10 | | shorthand reporter who transcribed the testimony at a hearing | 11 | | to any person interested, who may obtain a copy of the | 12 | | transcript of any proceedings at a hearing upon payment of the | 13 | | fee specified by the licensed court certified shorthand | 14 | | reporter.
| 15 | | (Source: P.A. 101-310, eff. 8-9-19.)
| 16 | | Section 905. The Illinois Professional Land Surveyor Act | 17 | | of 1989 is amended by changing Section 30 as follows:
| 18 | | (225 ILCS 330/30) (from Ch. 111, par. 3280)
| 19 | | (Section scheduled to be repealed on January 1, 2030)
| 20 | | Sec. 30. Record of proceedings. | 21 | | (a) The Department, at its
expense, shall provide a | 22 | | licensed court certified shorthand reporter to take down the | 23 | | testimony and
preserve a record of all proceedings at the | 24 | | hearing of any case where a
license may be revoked, suspended, |
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| 1 | | placed on probationary status, reprimanded, fined, or | 2 | | subjected to other disciplinary action with reference to the | 3 | | license when a disciplinary action is authorized under this | 4 | | Act and its rules.
The notice of hearing, complaint, and all | 5 | | other documents in the nature of
pleadings and written motions | 6 | | filed in the proceedings, the transcript of
testimony, the | 7 | | report of the Board, and the orders of the Department shall be
| 8 | | the record of the proceedings. The record may be made | 9 | | available to any person interested in the hearing upon payment | 10 | | of the fee required by Section 2105-115 of the Department of | 11 | | Professional Regulation Law of the Civil Administrative Code | 12 | | of Illinois. | 13 | | (b) The Department may contract for court reporting | 14 | | services, and, if it does so, the Department shall provide the | 15 | | name and contact information for the licensed court certified | 16 | | shorthand reporter who transcribed the testimony at a hearing | 17 | | to any person interested, who may obtain a copy of the | 18 | | transcript of any proceedings at a hearing upon payment of the | 19 | | fee specified by the licensed court certified shorthand | 20 | | reporter.
| 21 | | (Source: P.A. 101-313, eff. 8-9-19.)
| 22 | | Section 910. The Illinois Roofing Industry Licensing Act | 23 | | is amended by changing Section 9.4 as follows:
| 24 | | (225 ILCS 335/9.4) (from Ch. 111, par. 7509.4)
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| 1 | | (Section scheduled to be repealed on January 1, 2026)
| 2 | | Sec. 9.4. Subpoenas; oaths. The Department has power to | 3 | | subpoena and bring before it any
person in this State and to | 4 | | take the oral or written testimony, or to compel the | 5 | | production of any books, papers, records, documents, exhibits, | 6 | | or other materials that the Secretary or his or her designee | 7 | | deems relevant or material to an investigation or hearing | 8 | | conducted by the Department, with the same
fees and mileage | 9 | | and in the same manner as prescribed by law in judicial
| 10 | | proceedings in civil cases in courts of this State.
| 11 | | The Secretary, the designated hearing officer, any member | 12 | | of the Board, or a licensed certified shorthand court reporter | 13 | | may
administer oaths to witnesses at any hearing that the | 14 | | Department conducts. Notwithstanding any other statute or | 15 | | Department rule to the contrary, all requests for testimony or | 16 | | production of documents or records shall be in accordance with | 17 | | this Act.
| 18 | | (Source: P.A. 99-469, eff. 8-26-15.)
| 19 | | Section 915. The Structural Engineering Practice Act of | 20 | | 1989 is amended by changing Section 23 as follows:
| 21 | | (225 ILCS 340/23) (from Ch. 111, par. 6623)
| 22 | | (Section scheduled to be repealed on January 1, 2030)
| 23 | | Sec. 23. Record of proceedings. | 24 | | (a) The Department, at its expense, shall provide a |
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| 1 | | licensed court certified shorthand reporter to take down the | 2 | | testimony and preserve a record of all proceedings at the | 3 | | hearing of any case in which a license may be revoked or | 4 | | suspended or a licensee placed on probationary status, | 5 | | reprimanded, fined, or subjected to other disciplinary action | 6 | | with reference to the license when a disciplinary action is | 7 | | authorized under this Act and its rules. The notice of | 8 | | hearing, complaint, and all other documents in the nature of | 9 | | pleadings and written motions filed in the proceedings, the | 10 | | transcript of the testimony, the report of the Board or | 11 | | hearing officer, and the orders of the Department shall be the | 12 | | record of the proceedings. The record may be made available to | 13 | | any person interested in the hearing upon payment of the fee | 14 | | required by Section 2105-115 of the Department of Professional | 15 | | Regulation Law of the Civil Administrative Code of Illinois. | 16 | | (b) The Department may contract for court reporting | 17 | | services, and, if it does so, the Department shall provide the | 18 | | name and contact information for the licensed court certified | 19 | | shorthand reporter who transcribed the testimony at a hearing | 20 | | to any person interested, who may obtain a copy of the | 21 | | transcript of any proceedings at a hearing upon payment of the | 22 | | fee specified by the licensed court certified shorthand | 23 | | reporter.
| 24 | | (Source: P.A. 101-312, eff. 8-9-19.)
| 25 | | Section 920. The Cemetery Oversight Act is amended by |
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| 1 | | changing Section 25-35 as follows: | 2 | | (225 ILCS 411/25-35) | 3 | | (Section scheduled to be repealed on January 1, 2027)
| 4 | | Sec. 25-35. Record of proceedings. | 5 | | (a) The Department, at its expense, shall provide a | 6 | | licensed court certified shorthand reporter to take down the | 7 | | testimony and preserve a record of all proceedings at the | 8 | | hearing of any case in which a licensee may be revoked, | 9 | | suspended, placed on probationary status, reprimanded, fined, | 10 | | or subjected to other disciplinary action with reference to | 11 | | the license when a disciplinary action is authorized under | 12 | | this Act and rules. The notice of hearing, complaint, and all | 13 | | other documents in the nature of pleadings and written | 14 | | portions filed in the proceedings, the transcript of the | 15 | | testimony, the report of the hearing officer, and the orders | 16 | | of the Department shall be the record of the proceedings. The | 17 | | record may be made available to any person interested in the | 18 | | hearing upon payment of the fee required by Section 2105-115 | 19 | | of the Department of Professional Regulation Law.
| 20 | | (b) The Department may contract for court reporting | 21 | | services, and, if it does so, the Department shall provide the | 22 | | name and contact information for the licensed court certified | 23 | | shorthand reporter who transcribed the testimony at a hearing | 24 | | to any person interested, who may obtain a copy of the | 25 | | transcript of any proceedings at a hearing upon payment of the |
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| 1 | | fee specified by the licensed court certified shorthand | 2 | | reporter. | 3 | | (Source: P.A. 102-20, eff. 6-25-21.)
| 4 | | (225 ILCS 415/Act rep.) | 5 | | Section 923. The Illinois Certified Shorthand Reporters | 6 | | Act of 1984 is repealed. | 7 | | Section 925. The Detection of Deception Examiners Act is | 8 | | amended by changing Section 19 as follows:
| 9 | | (225 ILCS 430/19) (from Ch. 111, par. 2420)
| 10 | | (Section scheduled to be repealed on January 1, 2027)
| 11 | | Sec. 19. Subpoenas; depositions; oaths. | 12 | | (a) The Department may subpoena and bring before it any | 13 | | person to take the oral or written testimony or compel the | 14 | | production of any books, papers, records, or any other | 15 | | documents that the Secretary or his or her designee deems | 16 | | relevant or material to any investigation or hearing conducted | 17 | | by the Department with the same fees and in the same manner as | 18 | | prescribed in civil cases in the courts of this State. | 19 | | (b) Any circuit court, upon the application of the | 20 | | licensee or the Department, may order the attendance and | 21 | | testimony of witnesses and the production of relevant | 22 | | documents, files, records, books, and papers in connection | 23 | | with any hearing or investigation. The circuit court may |
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| 1 | | compel obedience to its order by proceedings for contempt. | 2 | | (c) The Secretary, the hearing officer, any member of the | 3 | | Board, or a licensed certified shorthand court reporter may | 4 | | administer oaths at any hearing the Department conducts. | 5 | | Notwithstanding any other statute or Department rule to the | 6 | | contrary, all requests for testimony, production of documents, | 7 | | or records shall be in accordance with this Act.
| 8 | | (Source: P.A. 97-168, eff. 7-22-11 .)
| 9 | | Section 930. The Home Inspector License Act is amended by | 10 | | changing Section 25-27 as follows: | 11 | | (225 ILCS 441/25-27) | 12 | | (Section scheduled to be repealed on January 1, 2027) | 13 | | Sec. 25-27. Subpoenas; depositions; oaths. | 14 | | (a) The Department may subpoena and bring before it any | 15 | | person to take oral or written testimony or compel the | 16 | | production of any books, papers, records, or any other | 17 | | documents the Secretary or the Secretary's designee deems | 18 | | relevant or material to any investigation or hearing conducted | 19 | | by the Department with the same fees and in the same manner as | 20 | | prescribed in civil cases in the courts of this State. | 21 | | (b) Any circuit court, upon the application of the | 22 | | licensee or the Department, may order the attendance and | 23 | | testimony of witnesses and the production of relevant | 24 | | documents, files, records, books, and papers in connection |
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| 1 | | with any hearing or investigation. The circuit court may | 2 | | compel obedience to its order by proceedings for contempt. | 3 | | (c) The Secretary, the hearing officer, any member of the | 4 | | Board, or a licensed certified shorthand court reporter may | 5 | | administer oaths at any hearing the Department conducts. | 6 | | Notwithstanding any other statute or Department rule to the | 7 | | contrary, all requests for testimony, production of documents, | 8 | | or records shall be in accordance with this Act.
| 9 | | (Source: P.A. 102-20, eff. 1-1-22 .) | 10 | | Section 935. The Illinois Public Accounting Act is amended | 11 | | by changing Section 20.2 as follows:
| 12 | | (225 ILCS 450/20.2) (from Ch. 111, par. 5523)
| 13 | | (Section scheduled to be repealed on January 1, 2024)
| 14 | | Sec. 20.2. Subpoenas; depositions; oaths. | 15 | | (a) The Department may subpoena and bring before it any
| 16 | | person to take the oral or written testimony or compel the | 17 | | production of any books, papers, records, or any other | 18 | | documents that the Secretary or his or her designee deems | 19 | | relevant or material to any investigation or hearing conducted | 20 | | by the Department with the same fees and mileage as prescribed | 21 | | in
civil cases in circuit
courts of this State and in the same | 22 | | manner as prescribed by this Act and its rules.
| 23 | | (b) The Secretary, any member of the Committee designated | 24 | | by the Secretary, a licensed court certified shorthand |
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| 1 | | reporter, or any hearing officer appointed may administer | 2 | | oaths at any hearing which the Department conducts. | 3 | | Notwithstanding any statute or Department rule to the | 4 | | contrary, all requests for testimony, production of documents, | 5 | | or records shall be in accordance with this Act.
| 6 | | (Source: P.A. 98-254, eff. 8-9-13.)
| 7 | | Section 940. The Real Estate Appraiser Licensing Act of | 8 | | 2002 is amended by changing Section 15-15 as follows:
| 9 | | (225 ILCS 458/15-15)
| 10 | | (Section scheduled to be repealed on January 1, 2027)
| 11 | | Sec. 15-15. Investigation; notice; hearing.
| 12 | | (a) Upon the motion of the Department
or the Board or
upon | 13 | | a complaint in
writing of a person setting forth facts that, if | 14 | | proven, would constitute
grounds for suspension, revocation,
| 15 | | or other disciplinary action against a licensee or applicant | 16 | | for licensure, the Department
shall investigate the actions of | 17 | | the licensee or applicant. If, upon investigation, the | 18 | | Department believes that there may be cause for suspension, | 19 | | revocation, or other disciplinary action, the Department shall | 20 | | use the services of a State certified general real estate | 21 | | appraiser, a State certified residential real estate | 22 | | appraiser, or the Real Estate Coordinator to assist in | 23 | | determining whether grounds for disciplinary action exist | 24 | | prior to commencing formal disciplinary proceedings.
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| 1 | | (b) Formal disciplinary proceedings shall commence upon | 2 | | the issuance of a
written complaint
describing the charges | 3 | | that are the basis of the disciplinary action and
delivery of | 4 | | the detailed complaint to the address of
record of the | 5 | | licensee or applicant. For an associate real estate trainee | 6 | | appraiser, a copy shall also be sent to the licensee's | 7 | | supervising appraiser of record. The Department
shall notify | 8 | | the licensee or
applicant
to file a verified written
answer | 9 | | within 20 days after the service of the notice and complaint.
| 10 | | The
notification shall inform the licensee or applicant of the
| 11 | | right to be heard in person or by
legal counsel; that the | 12 | | hearing will be afforded not sooner than 20 days after
service
| 13 | | of the complaint; that failure to file an answer will result in | 14 | | a default being
entered against the licensee or applicant;
| 15 | | that the license may be suspended, revoked, or placed on
| 16 | | probationary status; and that other
disciplinary action may be | 17 | | taken pursuant to this Act, including limiting the
scope, | 18 | | nature, or extent of the licensee's
practice. If the licensee | 19 | | or applicant fails to file an answer after service of
notice, | 20 | | the respective license may,
at the discretion of the | 21 | | Department, be suspended,
revoked, or placed on probationary
| 22 | | status and the Department
may take whatever disciplinary
| 23 | | action it deems proper,
including limiting the scope, nature, | 24 | | or extent of the person's practice,
without a hearing.
| 25 | | (c) At the time and place fixed in the notice, the Board | 26 | | shall conduct
hearing of the charges, providing
both the |
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| 1 | | accused person and the complainant ample opportunity to | 2 | | present in
person
or by counsel such statements, testimony, | 3 | | evidence, and argument as may be
pertinent to the charges or
to | 4 | | a defense thereto.
| 5 | | (d) The Board shall present to the Secretary
a written | 6 | | report of its
findings of fact and
recommendations. A copy of | 7 | | the report shall be served upon the licensee or
applicant,
| 8 | | either personally, by
mail, or, at the discretion of the | 9 | | Department, by electronic means. For associate real estate | 10 | | trainee appraisers, a copy shall also be sent to the | 11 | | licensee's supervising appraiser of record. Within 20 days | 12 | | after the service, the licensee or applicant may present
the | 13 | | Secretary
with a motion in writing
for a rehearing and shall
| 14 | | specify the particular grounds for the request. If the accused | 15 | | orders a
transcript of the record
as provided in this Act, the | 16 | | time elapsing thereafter and before the transcript
is ready | 17 | | for delivery to the
accused shall not be counted as part of the | 18 | | 20 days. If the Secretary
is
not satisfied that
substantial | 19 | | justice has been done, the Secretary
may order a rehearing by
| 20 | | the Board or other
special committee appointed by the | 21 | | Secretary, may remand the matter to the
Board for its
| 22 | | reconsideration of the matter based on the pleadings and | 23 | | evidence presented to
the Board, or may enter
a final order in | 24 | | contravention of the Board's recommendation. Notwithstanding a | 25 | | licensee's or applicant's failure to file a motion for | 26 | | rehearing, the Secretary
shall have the right to take any of
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| 1 | | the actions specified in this
subsection (d). Upon the | 2 | | suspension or revocation of a license, the licensee
shall
be | 3 | | required to surrender the respective license to the | 4 | | Department, and upon failure or refusal to do so, the | 5 | | Department
shall have
the right to seize the
license.
| 6 | | (e) The Department
has the power to issue subpoenas and
| 7 | | subpoenas duces tecum
to bring before it any person in this | 8 | | State, to take testimony, or to require
production of any | 9 | | records
relevant to an inquiry or hearing by the Board in the | 10 | | same manner as prescribed
by law in judicial
proceedings in | 11 | | the courts of this State. In a case of refusal of a witness to
| 12 | | attend, testify, or to produce
books or papers concerning a | 13 | | matter upon which the witness might be lawfully
examined, the | 14 | | circuit court
of the county where the hearing is held, upon | 15 | | application of the Department
or any
party to the proceeding, | 16 | | may compel obedience by proceedings as for contempt.
| 17 | | (f) Any license that is revoked may not be
restored for a | 18 | | minimum period
of 3 years.
| 19 | | (g) In addition to the provisions of this Section | 20 | | concerning the conduct of
hearings and the
recommendations for | 21 | | discipline, the Department
has the authority to negotiate
| 22 | | disciplinary and non-disciplinary
settlement agreements | 23 | | concerning any license issued under this Act. All such
| 24 | | agreements shall be
recorded as Consent Orders or Consent to | 25 | | Administrative Supervision Orders.
| 26 | | (h) The Secretary
shall have the authority to appoint an |
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| 1 | | attorney duly
licensed to practice law in the
State of | 2 | | Illinois to serve as the hearing officer in any action to | 3 | | suspend,
revoke, or otherwise discipline
any license issued by | 4 | | the Department. The Hearing Officer
shall have full authority
| 5 | | to conduct the hearing.
| 6 | | (i) The Department, at its expense, shall preserve a | 7 | | record of all formal hearings of
any contested case involving
| 8 | | the discipline of a license. At all hearings or pre-hearing | 9 | | conferences, the Department
and the licensee shall be
entitled | 10 | | to have the proceedings transcribed by a licensed court | 11 | | certified shorthand reporter.
A copy of the transcribed
| 12 | | proceedings shall be made available to the licensee by the | 13 | | licensed court certified shorthand
reporter upon payment of
| 14 | | the prevailing contract copy rate.
| 15 | | (Source: P.A. 102-20, eff. 1-1-22 .)
| 16 | | Section 945. The Animal Welfare Act is amended by changing | 17 | | Section 15 as follows:
| 18 | | (225 ILCS 605/15) (from Ch. 8, par. 315)
| 19 | | Sec. 15.
Any person affected by a final administrative | 20 | | decision of
the Department may have such decision reviewed | 21 | | judicially by the circuit
court of the county wherein such | 22 | | person resides, or in the case of a
corporation, wherein the | 23 | | registered office is located. If the plaintiff
in the review | 24 | | proceeding is not a resident of this state, the venue
shall be |
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| 1 | | in Sangamon County. The provisions of the Administrative | 2 | | Review
Law, and all amendments and modifications
thereof, and | 3 | | the rules adopted pursuant thereto, shall apply to and
govern | 4 | | all proceedings for the judicial review of final | 5 | | administrative
decisions of the Department hereunder. The term | 6 | | "administrative
decision" is defined as in Section 3-101 of | 7 | | the Code of Civil Procedure.
| 8 | | The Department shall not be required to certify the record | 9 | | of the
proceeding unless the plaintiff in the review | 10 | | proceedings has purchased
a copy from the licensed court | 11 | | certified shorthand reporter who prepared the record. Exhibits
| 12 | | shall be certified without cost.
| 13 | | (Source: P.A. 82-783.)
| 14 | | Section 950. The Liquor Control Act of 1934 is amended by | 15 | | changing Section 7-9 as follows:
| 16 | | (235 ILCS 5/7-9) (from Ch. 43, par. 153)
| 17 | | Sec. 7-9.
Except as provided in this Section, any order or | 18 | | action of a
local liquor control commissioner levying a fine | 19 | | or refusing to levy a fine
on a licensee, granting or refusing | 20 | | to grant a license,
revoking or suspending or refusing to | 21 | | revoke or suspend a license or
refusing for more than 30 days | 22 | | to grant a hearing upon a complaint to
revoke or suspend a | 23 | | license may, within 20 days after notice of such
order or | 24 | | action, be appealed by any resident of the political
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| 1 | | subdivision under the jurisdiction of the local liquor control
| 2 | | commissioner or any person interested, to the State | 3 | | Commission.
| 4 | | In any case where a licensee appeals to the State | 5 | | Commission from an
order or action of the local liquor control | 6 | | commission having the effect of
suspending or revoking a | 7 | | license, denying a renewal application, or
refusing to grant a | 8 | | license, the licensee shall resume the operation of the
| 9 | | licensed business pending the decision of the State Commission | 10 | | and the
expiration of the time allowed for an application for | 11 | | rehearing. If an
application for rehearing is filed, the | 12 | | licensee shall continue the
operation of the licensed business | 13 | | until the denial of the application or,
if the rehearing is | 14 | | granted, until the decision on rehearing.
| 15 | | In any case in which a licensee appeals to the State | 16 | | Commission a
suspension or revocation by a local liquor | 17 | | control commissioner that is the
second or subsequent such | 18 | | suspension or revocation placed on that licensee
within the | 19 | | preceding 12 month period, the licensee shall
consider the | 20 | | suspension or revocation to be in effect until a reversal of
| 21 | | the local liquor control commissioner's action has been issued | 22 | | by the State
Commission and shall cease all activity otherwise | 23 | | authorized by the
license. The State Commission shall | 24 | | expedite, to the greatest extent
possible, its consideration | 25 | | of any appeal that is an appeal of a second or
subsequent | 26 | | suspension or revocation within the past 12 month period.
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| 1 | | The appeal shall be limited to a review of the official | 2 | | record of the
proceedings of such local liquor control | 3 | | commissioner if the county board,
city council or board of | 4 | | trustees, as the case may be,
has adopted a resolution | 5 | | requiring that such review be on the record. If such
| 6 | | resolution is adopted, a certified official record of the | 7 | | proceedings
taken and prepared by a licensed certified court | 8 | | reporter or certified shorthand
reporter shall be filed by the | 9 | | local liquor control commissioner within 5
days after notice | 10 | | of the filing of such appeal, if the appellant licensee
pays | 11 | | for the cost of the transcript.
The State Commission
shall
| 12 | | review the propriety of the order or action of the local liquor | 13 | | control
commissioner and shall consider the following | 14 | | questions:
| 15 | | (a) whether the local liquor control commissioner has | 16 | | proceeded in
the manner provided by law;
| 17 | | (b) whether the order is supported by the findings;
| 18 | | (c) whether the findings are supported by substantial | 19 | | evidence in
the light of the whole record.
| 20 | | The only evidence which may be considered in the review, | 21 | | shall be the
evidence found in the certified official record | 22 | | of the proceedings of
the local liquor control commissioner. | 23 | | No new or additional evidence
shall be admitted or considered. | 24 | | The State Commission shall render a
decision affirming, | 25 | | reversing or modifying the order or action reviewed
within 30 | 26 | | days after the appeal was heard.
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| 1 | | In the event such appeal is from an order of a local liquor | 2 | | control
commissioner of a city, village or incorporated town | 3 | | of 500,000 or more
inhabitants, granting or refusing to grant | 4 | | a license or refusing for
more than 30 days to grant a hearing | 5 | | upon a complaint to revoke or
suspend a license, the matter of | 6 | | the propriety of such order or action
shall be tried de novo by | 7 | | the license appeal commission as expeditiously
as | 8 | | circumstances permit.
| 9 | | In the event such appeal is from an order or action of a | 10 | | local liquor
control commissioner of a city, village or | 11 | | incorporated town of 500,000
or more inhabitants, imposing a | 12 | | fine or refusing to impose a fine on a
licensee, revoking or | 13 | | suspending or refusing to revoke or
suspend a license, the | 14 | | license appeal commission shall determine the
appeal by a | 15 | | review of the official record of the proceedings of such
local | 16 | | liquor control commissioner. A certified record of the | 17 | | proceedings
shall be promptly filed with the license appeal | 18 | | commission by such local
liquor
control commissioner after | 19 | | notice of the filing of such
appeal if the appellant licensee | 20 | | pays for the cost of the transcript
and promptly delivers the | 21 | | transcript to
the local liquor control commission or its | 22 | | attorney.
The review by the license appeal commission shall be | 23 | | limited to
the questions:
| 24 | | (a) whether the local liquor control commissioner has | 25 | | proceeded in
the manner provided by law;
| 26 | | (b) whether the order is supported by the findings;
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| 1 | | (c) whether the findings are supported by substantial | 2 | | evidence in
the light of the whole record.
| 3 | | No new or additional evidence in support
of or in opposition to | 4 | | such order or action under appeal shall be
received other than | 5 | | that contained in such record of the proceedings.
Within 30 | 6 | | days after such appeal was heard,
the license appeal
| 7 | | commission shall render its decision in accordance with the | 8 | | provisions
of Section 7-5.
| 9 | | In cities, villages and incorporated towns having a | 10 | | population of
500,000 or more inhabitants, appeals from any | 11 | | order or action shall lie
to the license appeal commission of | 12 | | such city, village or incorporated
town. All of the provisions | 13 | | of this Section and Section 7-10 relative
to proceedings upon | 14 | | appeals before the State Commission
and relative to appeals | 15 | | from the decisions of the State Commission shall
apply also to | 16 | | proceedings upon appeals before any license appeal
commission | 17 | | and appeals from the decisions of license appeal commission.
| 18 | | In any trial de novo hearing before the State Commission | 19 | | or license
appeal commission, the local liquor control | 20 | | commissioner shall be
entitled to 10 days notice and to be | 21 | | heard. All such trial de novo
hearings shall be open to the | 22 | | public and the Illinois Liquor Control
Commission and the | 23 | | license appeal commission shall reduce all evidence
offered | 24 | | thereto to writing.
| 25 | | If after trial de novo hearing or review as provided | 26 | | herein, the
State Commission or the license appeal commission |
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| 1 | | (as the case may be)
shall decide that the license has been | 2 | | improperly issued, denied,
revoked, suspended or refused to be | 3 | | revoked or suspended or a hearing to
revoke or suspend has been | 4 | | improperly refused or that the licensee has been
improperly | 5 | | fined or not fined, it shall enter an order
in conformity with | 6 | | such findings, which order shall be in writing.
| 7 | | A certified copy of the order shall be transmitted to the | 8 | | particular
local liquor control commissioner and it shall be | 9 | | the duty of the local
liquor control commissioner to take such | 10 | | action as may be necessary to
conform with the order.
| 11 | | In any trial de novo hearing before the State Commission | 12 | | or the
license appeal commission, the licensee shall submit to | 13 | | examination and
produce books and records material to the | 14 | | business conducted under the
license in like manner as before | 15 | | the local liquor control commissioner,
and the failure of the | 16 | | licensee to submit to such an examination or to
produce such | 17 | | books and records, or to appear at the hearing on such
appeal, | 18 | | shall constitute an admission that he has violated the
| 19 | | provisions of this Act. In the event the appeal is from an | 20 | | order of the
local liquor control commissioner
denying a | 21 | | renewal application, the
licensee shall have on deposit with | 22 | | the local liquor control
commissioner an amount sufficient to | 23 | | cover the license fee for the
renewal period and any bond that | 24 | | may be required.
| 25 | | (Source: P.A. 88-613, eff. 1-1-95.)
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| 1 | | Section 955. The Salvage Warehouse and Salvage Warehouse | 2 | | Store Act is amended by changing Section 10 as follows:
| 3 | | (240 ILCS 30/10) (from Ch. 114, par. 410)
| 4 | | Sec. 10.
The Department, at its expense, shall provide a | 5 | | licensed court reporter stenographer
to take down the | 6 | | testimony and preserve a record of all proceedings at
the | 7 | | hearing of any case involving the refusal to issue or renew, or | 8 | | the
suspension or revocation of a license. The notice of | 9 | | hearing, complaint
and all other documents in the nature of | 10 | | pleadings and written motions
filed in the proceedings, the | 11 | | transcript of testimony, and orders of the
Department shall be | 12 | | the record of such proceedings. Any interested person
may | 13 | | purchase a copy of the transcript of the record from the | 14 | | licensed court certified shorthand
reporter who prepared the | 15 | | record.
| 16 | | In any case involving the refusal to issue or renew or the | 17 | | suspension
or revocation of a license, a copy of the | 18 | | Department's report shall be
served upon the respondent by the | 19 | | Department, either personally or by
registered or certified | 20 | | mail as provided in this Act for the service of
the notice of | 21 | | hearing. Within 20 days after such service, the respondent
may | 22 | | present to the Department a motion in writing for a rehearing, | 23 | | which
written motion shall specify the particular grounds | 24 | | therefor. If no
motion for rehearing is filed, then upon the | 25 | | expiration of the time
specified for filing such a motion, or |
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| 1 | | if a motion for rehearing is
denied, then upon such denial, the | 2 | | Director may enter an order. If the
respondent shall order and | 3 | | pay for a transcript of the record within the
time for filing a | 4 | | motion for rehearing, the 20 day period within which
such a | 5 | | motion may be filed shall commence upon the delivery of the
| 6 | | transcript to the respondent.
| 7 | | (Source: P.A. 81-750.)
| 8 | | Section 960. The Unified Code of Corrections is amended by | 9 | | changing Section 5-5-5 as follows:
| 10 | | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
| 11 | | Sec. 5-5-5. Loss and restoration of rights.
| 12 | | (a) Conviction and disposition shall not entail the loss | 13 | | by the
defendant of any civil rights, except under this | 14 | | Section and Sections 29-6
and 29-10 of The Election Code, as | 15 | | now or hereafter amended.
| 16 | | (b) A person convicted of a felony shall be ineligible to | 17 | | hold an office
created by the Constitution of this State until | 18 | | the completion of his sentence.
| 19 | | (c) A person sentenced to imprisonment shall lose his | 20 | | right to vote
until released from imprisonment.
| 21 | | (d) On completion of sentence of imprisonment or upon | 22 | | discharge from
probation, conditional discharge or periodic | 23 | | imprisonment, or at any time
thereafter, all license rights | 24 | | and privileges
granted under the authority of this State which |
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| 1 | | have been revoked or
suspended because of conviction of an | 2 | | offense shall be restored unless the
authority having | 3 | | jurisdiction of such license rights finds after
investigation | 4 | | and hearing that restoration is not in the public interest.
| 5 | | This paragraph (d) shall not apply to the suspension or | 6 | | revocation of a
license to operate a motor vehicle under the | 7 | | Illinois Vehicle Code.
| 8 | | (e) Upon a person's discharge from incarceration or | 9 | | parole, or upon a
person's discharge from probation or at any | 10 | | time thereafter, the committing
court may enter an order | 11 | | certifying that the sentence has been
satisfactorily completed | 12 | | when the court believes it would assist in the
rehabilitation | 13 | | of the person and be consistent with the public welfare.
Such | 14 | | order may be entered upon the motion of the defendant or the | 15 | | State or
upon the court's own motion.
| 16 | | (f) Upon entry of the order, the court shall issue to the | 17 | | person in
whose favor the order has been entered a certificate | 18 | | stating that his
behavior after conviction has warranted the | 19 | | issuance of the order.
| 20 | | (g) This Section shall not affect the right of a defendant | 21 | | to
collaterally attack his conviction or to rely on it in bar | 22 | | of subsequent
proceedings for the same offense.
| 23 | | (h) No application for any license specified in subsection | 24 | | (i) of this
Section granted under the
authority of this State | 25 | | shall be denied by reason of an eligible offender who
has | 26 | | obtained a certificate of relief from disabilities, as
defined |
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| 1 | | in Article 5.5 of this Chapter, having been previously | 2 | | convicted of one
or more
criminal offenses, or by reason of a | 3 | | finding of lack of "good moral
character" when the finding is | 4 | | based upon the fact that the applicant has
previously been | 5 | | convicted of one or more criminal offenses, unless:
| 6 | | (1) there is a direct relationship between one or more | 7 | | of the previous
criminal offenses and the specific license | 8 | | sought; or
| 9 | | (2) the issuance of the license would
involve an | 10 | | unreasonable risk to property or to the safety or welfare | 11 | | of
specific individuals or the general public.
| 12 | | In making such a determination, the licensing agency shall | 13 | | consider the
following factors:
| 14 | | (1) the public policy of this State, as expressed in | 15 | | Article 5.5 of this
Chapter, to encourage the licensure | 16 | | and employment of persons previously
convicted of one or | 17 | | more criminal offenses;
| 18 | | (2) the specific duties and responsibilities | 19 | | necessarily related to the
license being sought;
| 20 | | (3) the bearing, if any, the criminal offenses or | 21 | | offenses for which the
person
was previously convicted | 22 | | will have on his or her fitness or ability to perform
one | 23 | | or
more such duties and responsibilities;
| 24 | | (4) the time which has elapsed since the occurrence of | 25 | | the criminal
offense or offenses;
| 26 | | (5) the age of the person at the time of occurrence of |
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| 1 | | the criminal
offense or offenses;
| 2 | | (6) the seriousness of the offense or offenses;
| 3 | | (7) any information produced by the person or produced | 4 | | on his or her
behalf in
regard to his or her rehabilitation | 5 | | and good conduct, including a certificate
of relief from | 6 | | disabilities issued to the applicant, which certificate | 7 | | shall
create a presumption of rehabilitation in regard to | 8 | | the offense or offenses
specified in the certificate; and
| 9 | | (8) the legitimate interest of the licensing agency in | 10 | | protecting
property, and
the safety and welfare of | 11 | | specific individuals or the general public.
| 12 | | (i) A certificate of relief from disabilities shall be | 13 | | issued only
for a
license or certification issued under the | 14 | | following Acts:
| 15 | | (1) the Animal Welfare Act; except that a certificate | 16 | | of relief from
disabilities may not be granted
to provide | 17 | | for
the
issuance or restoration of a license under the | 18 | | Animal Welfare Act for any
person convicted of violating | 19 | | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | 20 | | Care for Animals Act or Section 26-5 or 48-1 of the | 21 | | Criminal Code of
1961 or the Criminal Code of 2012;
| 22 | | (2) the Illinois Athletic Trainers Practice Act;
| 23 | | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, | 24 | | and Nail Technology Act of 1985;
| 25 | | (4) the Boiler and Pressure Vessel Repairer Regulation | 26 | | Act;
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| 1 | | (5) the Boxing and Full-contact Martial Arts Act;
| 2 | | (6) the Illinois Court Reporters Licensing Act of 2022
| 3 | | Illinois Certified Shorthand Reporters Act of 1984 ;
| 4 | | (7) the Illinois Farm Labor Contractor Certification | 5 | | Act;
| 6 | | (8) the Registered Interior Designers Act;
| 7 | | (9) the Illinois Professional Land Surveyor Act of | 8 | | 1989;
| 9 | | (10) the Landscape Architecture Registration Act;
| 10 | | (11) the Marriage and Family Therapy Licensing Act;
| 11 | | (12) the Private Employment Agency Act;
| 12 | | (13) the Professional Counselor and Clinical | 13 | | Professional Counselor
Licensing and Practice
Act;
| 14 | | (14) the Real Estate License Act of 2000;
| 15 | | (15) the Illinois Roofing Industry Licensing Act; | 16 | | (16) the Professional Engineering Practice Act of | 17 | | 1989; | 18 | | (17) the Water Well and Pump Installation Contractor's | 19 | | License Act; | 20 | | (18) the Electrologist Licensing Act;
| 21 | | (19) the Auction License Act; | 22 | | (20) the Illinois Architecture Practice Act of 1989; | 23 | | (21) the Dietitian Nutritionist Practice Act; | 24 | | (22) the Environmental Health Practitioner Licensing | 25 | | Act; | 26 | | (23) the Funeral Directors and Embalmers Licensing |
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| 1 | | Code; | 2 | | (24) (blank); | 3 | | (25) the Professional Geologist Licensing Act; | 4 | | (26) the Illinois Public Accounting Act; and | 5 | | (27) the Structural Engineering Practice Act of 1989.
| 6 | | (Source: P.A. 102-284, eff. 8-6-21.)
| 7 | | Section 965. The Illinois Pre-Need Cemetery Sales Act is | 8 | | amended by changing Sections 9 and 11 as follows:
| 9 | | (815 ILCS 390/9) (from Ch. 21, par. 209)
| 10 | | Sec. 9.
The Comptroller may upon his own motion | 11 | | investigate the actions
of any person providing, selling, or | 12 | | offering pre-need sales contracts
or of any applicant
or any | 13 | | person or persons holding or claiming to hold
a license under | 14 | | this Act. The Comptroller shall make such an investigation
on | 15 | | receipt of the verified written complaint of any person | 16 | | setting forth
facts which, if proved, would constitute grounds | 17 | | for refusal, suspension,
or revocation of a license.
Before | 18 | | refusing to issue, and before suspension or revocation of a | 19 | | license,
the Comptroller shall hold a hearing to determine | 20 | | whether the applicant or
licensee,
hereafter called the | 21 | | respondent, is entitled to hold
such a license. At
least 10 | 22 | | days prior to the date set for such hearing, the Comptroller | 23 | | shall
notify the respondent in writing that on the date | 24 | | designated a hearing
will be held to determine his eligibility |
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| 1 | | for a license and that he may
appear in person or by counsel. | 2 | | Such written notice may be served on the
respondent | 3 | | personally, or by registered or certified mail sent to the
| 4 | | respondent's
business address as shown in his latest | 5 | | notification to the Comptroller and
shall include sufficient | 6 | | information to inform the respondent of the general
nature of | 7 | | the charge. At the hearing, both the respondent and the | 8 | | complainant
shall be accorded ample opportunity to present in | 9 | | person or by counsel such
statements, testimony, evidence and | 10 | | argument as may be pertinent to the
charges or to any defense | 11 | | thereto. The Comptroller may reasonably continue
such hearing | 12 | | from time to time.
| 13 | | The Comptroller may subpoena any person or persons in this | 14 | | State and take
testimony orally, by deposition or by exhibit, | 15 | | in the same manner and with
the same fees and mileage as | 16 | | prescribed in judicial proceedings in civil cases.
| 17 | | Any authorized agent of the Comptroller may administer | 18 | | oaths to witnesses
at any hearing which the Comptroller is | 19 | | authorized to conduct.
| 20 | | The Comptroller, at his expense, shall provide a licensed | 21 | | court certified shorthand reporter
to take down the testimony | 22 | | and preserve a record of all proceedings at the
hearing of any | 23 | | case involving the refusal to issue a license, the suspension
| 24 | | or revocation of a license, the imposition of a monetary | 25 | | penalty, or the
referral
of a case for criminal prosecution. | 26 | | The record of any such proceeding shall
consist of the notice |
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| 1 | | of hearing, complaint, all other documents in the
nature of | 2 | | pleadings and written motions filed in the proceedings, the
| 3 | | transcript
of testimony and the report and orders of the | 4 | | Comptroller. Copies of the
transcript of such record may be | 5 | | purchased from the licensed court certified shorthand
reporter
| 6 | | who prepared the record or from the Comptroller.
| 7 | | (Source: P.A. 92-419, eff. 1-1-02.)
| 8 | | (815 ILCS 390/11) (from Ch. 21, par. 211)
| 9 | | Sec. 11.
Any person affected by a final administrative | 10 | | decision of the
Comptroller may have such decision reviewed | 11 | | judicially by the circuit court
of the county where such | 12 | | person resides, or in the case of a corporation,
where the | 13 | | registered office is located. If the plaintiff in the review
| 14 | | proceeding is not a resident of this State, venue shall be in | 15 | | Sangamon County. The
provisions of the "Administrative Review | 16 | | Law", approved August 19, 1981,
all amendments and | 17 | | modifications thereto, and any rules adopted under it
govern | 18 | | all proceedings for the judicial review of final | 19 | | administrative
decisions of the Comptroller. The term | 20 | | "administrative decision" is defined
as in the "Administrative | 21 | | Review Law".
| 22 | | The Comptroller is not required to certify the record of | 23 | | the proceeding
unless the plaintiff in the review proceedings | 24 | | has purchased a copy of the
transcript from the licensed court | 25 | | certified shorthand reporter who prepared the record or
from |
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| 1 | | the Comptroller. Exhibits shall be certified without cost.
| 2 | | (Source: P.A. 84-239.)
| 3 | | Section 999. Effective date. This Act takes effect January | 4 | | 1, 2023.".
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