Illinois General Assembly - Full Text of SB1105
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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
3everything after the enacting clause with the following:
 
4    "Section 1. Short title; Act supersedes the Illinois
5Certified Shorthand Reporters Act of 1984. This Act may be
6cited as the Illinois Court Reporters Licensing Act of 2022,
7and it supersedes the Illinois Certified Shorthand Reporters
8Act of 1984 repealed by this Act.
 
9    Section 5. Purpose. The practice of court reporting in the
10State is hereby declared to affect the public health, safety,
11and welfare and to be subject to regulation and control in the
12public interest. This Act is designed to encourage efficiency
13and integrity in the practice of court reporting as a
14profession; to promote efficiency in court and general
15reporting; to promote the advancement and employment of modern
16technology in the practice of court reporting; to extend

 

 

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1regulatory licensure to digital, electronic, stenographic, and
2voice reporting of legal and administrative proceedings; and
3to extend to the public the protection afforded by a
4standardized profession by establishing a standard of
5competency for licensed court reporters. It is further
6declared that, in order for the practice of court reporting as
7defined in this Act to merit and receive the confidence of the
8public, only qualified persons shall be authorized to practice
9court reporting in the State. This Act shall be liberally
10construed 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
13by the Department in the applicant's or licensee's application
14file or license file as maintained by the Department's
15licensure maintenance unit. It is the duty of the applicant or
16licensee to inform the Department of any change of address,
17and those changes must be made either through the Department's
18Internet website or by contacting the Department.
19    "Court reporter" means any person licensed under this Act
20by the Department of Financial and Professional Regulation.
21    "Department" means the Department of Financial and
22Professional Regulation.
23    "Digital reporting" or "electronic reporting" means
24reporting by the use of a sound recording device, by an
25audio-visual recording device, or by a combination of both,

 

 

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1utilizing microphones, multichannel audio recording equipment,
2or its equivalent, and operation and monitoring with the use
3of no less than 2 independent redundant recording devices, of
4grand jury proceedings, court proceedings, court-related
5proceedings, pretrial examinations, depositions, motions and
6related proceedings of like character, or proceedings of an
7administrative agency when the final decision of the agency
8with reference thereto is likely to be subject to judicial
9review under the Administrative Review Law.
10    "Practice of court reporting" means reporting, by the use
11of any system of digital, electronic, stenographic, or voice
12reporting, of grand jury proceedings, court proceedings,
13court-related proceedings, pretrial examinations,
14depositions, and related proceedings of like character, or
15proceedings of an administrative agency when the final
16decision of any agency of state or local government with
17reference thereto is likely to be or is subject to review under
18the Administrative Review Law.
19    "Reporting files" means the original digitally or
20electronically recorded audio files of the digital or
21electronic reporter, the paper or electronic notes of the
22stenographic reporter, or the voice recording of the voice
23reporter in any proceeding defined in this Act, while in
24attendance at such proceeding for the purpose of reporting the
25same.
26    "Secretary" means the Secretary of Financial and

 

 

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1Professional Regulation.
2    "Stenographic reporting" means reporting by the use of any
3system of manual or mechanical shorthand writing, of grand
4jury proceedings, court proceedings, court-related
5proceedings, pretrial examinations, depositions, motions and
6related proceedings of like character, or proceedings of an
7administrative agency when the final decision of the agency
8with reference thereto is likely to be subject to judicial
9review under the Administrative Review Law.
10    "Voice reporting" means reporting by the use of a system
11of repeating words of the speaker or speakers into a closed or
12open microphone that is capable of digital translation into
13text, of grand jury proceedings, court proceedings,
14court-related proceedings, pretrial examinations,
15depositions, motions, and related proceedings of like
16character, or proceedings of an administrative agency when the
17final decision of the agency with reference thereto is likely
18to be subject to judicial review under the Administrative
19Review Law.
 
20    Section 15. License required. No person may practice
21digital, electronic, stenographic, or voice reporting on a
22temporary or permanent basis in this State without being
23licensed under this Act. This Act does not prohibit any
24nonresident practicing court reporting from practicing court
25reporting 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
3to practice, or holds oneself out to practice as a court
4reporter without being licensed under this Act shall, in
5addition to any other penalty provided by law, pay a civil
6penalty to the Department in an amount not to exceed $10,000
7for each offense as determined by the Department and the
8assessment of costs as provided under Section 125. The civil
9penalty shall be assessed by the Department after a hearing is
10held in accordance with the provisions set forth in this Act
11regarding the provision of a hearing for the discipline of a
12licensee.
13    (b) The Department has the authority and power to
14investigate any and all unlicensed activity.
15    (c) The civil penalty shall be paid within 60 days after
16the effective date of the order imposing the civil penalty.
17The order shall constitute a judgment and may be filed and
18execution had thereon in the same manner as any judgment from
19any court of record.
20    (d) All moneys collected under this Section shall be
21deposited into the General Professions Dedicated Fund.
 
22    Section 25. Use of titles.
23    (a) Every person to whom a valid existing license as a
24licensed court reporter has been issued under this Act shall

 

 

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1be designated as a licensed court reporter and not otherwise,
2and any such licensed court reporter may, in connection with
3his 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
6license under this Act shall use the applicable titles or
7designations authorized by this Section. A person may hold a
8valid license only as a licensed court reporter, or L.C.R.,
9and all other prior designations shall be abolished.
10    (c) A licensed court reporter under this Act may use the
11titles authorized by this Section in connection with his or
12her profession or business. No other person other than the
13holder of a valid existing license under this Act shall use the
14title or designation of "Licensed Court Reporter", "Court
15Reporter", or "L.C.R.", either directly or indirectly in
16connection with his or her profession or business.
 
17    Section 30. Administration of Act.
18    (a) The Department shall exercise the powers and duties
19prescribed by the Civil Administrative Code of Illinois for
20the administration of licensing Acts and shall exercise such
21other powers and duties necessary for effectuating the
22purposes of this Act.
23    (b) The Secretary may adopt rules consistent with the
24provisions of this Act for the administration and enforcement
25thereof, and for the payment of fees connected therewith, and

 

 

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1may prescribe forms which shall be issued in connection
2therewith. The rules may include standards and criteria for
3licensure and professional conduct and discipline.
 
4    Section 40. Applications. Applications for original
5licenses shall be made to the Department in writing on forms
6prescribed by the Department and shall be accompanied by the
7required fee, which shall be nonrefundable. Any such
8application shall require such information as in the judgment
9of the Department will enable the Department to pass on the
10qualifications of the applicant for licensure.
11    In determining competency, the Department shall require
12proof that the applicant has an adequate understanding of the
13English language, and that the applicant has sufficient
14ability to produce an accurate and reliable record,
15transcription, or report on any of the matters comprising the
16practice of court reporting, as defined in this Act, by the use
17of any recognized system of digital, electronic, stenographic,
18or voice reporting, and has a clear understanding of
19obligations between a digital, electronic, stenographic, or
20voice reporter and the parties to any proceedings reported, as
21well as the provisions of this Act.
 
22    Section 45. Examinations. The Department shall authorize
23examinations at such time and place as it may designate. The
24examination shall be of a character to give a fair test of the

 

 

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1qualifications of the applicant to practice court reporting.
2    Applicants for examination as licensed court reporters
3shall be required to pay, either to the Department or the
4designated testing service, a fee covering the cost of
5providing the examination. Failure to appear for the
6examination on the scheduled date, at the time and place
7specified, after the applicant's application for examination
8has been received and acknowledged by the Department or the
9designated testing service, shall result in the forfeiture of
10the examination fee.
11    If an applicant neglects, fails, or refuses to take the
12next available examination offered or fails to pass an
13examination for licensure under this Act, the application
14shall be denied. If an applicant for examination for licensure
15under this Act fails to pass the examination within 3 years
16after filing his or her application, the application shall be
17denied. However, such applicant may thereafter make a new
18application accompanied by the required fee.
19    The Department may employ consultants for the purpose of
20preparing and conducting examinations.
21    An applicant has one year from the date of notification of
22successful completion of the examination to apply to the
23Department for a license. If an applicant fails to apply
24within one year, the applicant shall be required to take and
25pass the examination again unless licensed in another
26jurisdiction of the United States within one year of passing

 

 

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1the examination.
 
2    Section 50. Qualifications.
3    (a) A person shall be qualified for licensure as a
4licensed 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
23effective date of this Act shall be permitted to continue such
24practice for a period of one year in order to comply with this
25Section.

 

 

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1    (c) Additional qualifications for the practice of court
2reporting may be set by the Department by rule.
 
3    Section 55. Exclusive right to action. No action or suit
4shall be instituted, nor recovery therein be had, in any court
5of this State by any person for compensation for any act done
6or service rendered, the doing or rendering of which is
7prohibited under the provisions of this Act to any person
8other than licensed court reporters.
 
9    Section 60. Expiration; renewal; and military service. The
10expiration date and renewal period for each license issued
11under this Act shall be set by rule.
12    Any licensed court reporter who has permitted the license
13to expire or who has had the license on inactive status may
14have the license restored by making application to the
15Department, filing proof acceptable to the Department of the
16court reporter's fitness to have the license restored and
17paying the required restoration fee. The Department may
18consider a license expired less than 5 years as prima facie
19evidence that the applicant is fit. If a license has expired or
20has been placed on inactive status and the applicant has
21practiced in another jurisdiction during such period,
22satisfactory proof of fitness may include sworn evidence
23certifying to active practice in another jurisdiction.
24    If a court reporter has not maintained an active practice

 

 

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1in another jurisdiction satisfactory to the Department, the
2Department shall determine, by an evaluation program
3established by rule, the court reporter's fitness to resume
4active status and shall, by rule, establish procedures and
5requirements for restoration.
6    However, any licensed court reporter whose license expired
7while the court reporter was (i) in federal service on active
8duty with the Armed Forces of the United States, or the State
9Militia called into service or training, or (ii) in training
10or education under the supervision of the United States
11preliminary to induction into the military service, may have
12the license renewed or restored without paying any lapsed
13renewal fees if, within 2 years after termination of such
14service, training, or education except under conditions other
15than honorable, the court reporter furnished the Department
16with satisfactory evidence to the effect that the court
17reporter has been so engaged and that the court reporter's
18service, training, or education has been so terminated.
 
19    Section 65. Inactive status. Any licensed court reporter
20who notifies the Department, in writing on forms prescribed by
21the Department, may elect to place the license on an inactive
22status and shall, subject to rules of the Department, be
23excused from payment of renewal fees until the court reporter
24notifies the Department in writing of the court reporter's
25desire to resume active status.

 

 

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1    Any licensed court reporter requesting restoration from
2inactive status shall be required to pay the current renewal
3fee and shall be required to restore the license, as provided
4in Section 60.
5    Any licensed court reporter whose license is in an
6inactive status shall not practice court reporting in this
7State.
 
8    Section 70. Endorsement; licensure without examination.
9The Department may certify as a licensed court reporter,
10without examination, on payment of the required fee, an
11applicant who resides within the State and is a licensed court
12reporter registered under the laws of another jurisdiction, if
13the requirements for licensure of licensed court reporters in
14that jurisdiction were, at the date of his or her licensure,
15substantially equivalent to the requirements in force in this
16State on that date.
17    Applicants have 3 years after the date of application to
18complete the application process. If the process has not been
19completed in 3 years, the application shall be denied, the fee
20forfeited, and the applicant must reapply and meet the
21requirements in effect at the time of reapplication.
 
22    Section 75. Fees; returned checks.
23    (a) The fees for the administration and enforcement of
24this Act, including, but not limited to, original licensure,

 

 

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1renewal, and restoration of a license issued under this Act,
2shall be set by rule. The fees shall be nonrefundable.
3    (b) All fees, fines, and penalties collected under this
4Act shall be deposited into the General Professions Dedicated
5Fund and shall be appropriated to the Department for the
6ordinary and contingent expenses of the Department in the
7administration of this Act.
8    (c) Any person who delivers a check or other payment to the
9Department that is returned to the Department unpaid by the
10financial institution upon which it is drawn shall pay to the
11Department, in addition to the amount already owed to the
12Department, a fine of $50. The fines imposed by this Section
13are in addition to any other discipline provided under this
14Act prohibiting unlicensed practice or practice on a
15nonrenewed license. The Department shall notify the person
16that payment of fees and fines shall be paid to the Department
17by licensed check or money order within 30 calendar days after
18the notification. If, after the expiration of 30 days after
19the date of the notification, the person has failed to submit
20the necessary remittance, the Department shall automatically
21terminate the license or deny the application, without
22hearing. If, after termination or denial, the person seeks a
23license, he or she shall apply to the Department for
24restoration or issuance of the license and pay all fees and
25fines due to the Department. The Department may establish a
26fee for the processing of an application for restoration of a

 

 

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1license to pay all expenses of processing this application.
2The Secretary may waive the fines due under this Section in
3individual cases where the Secretary finds that the fines
4would be unreasonable or unnecessarily burdensome.
 
5    Section 80. Roster. The Department shall maintain a roster
6of the names and addresses of all license holders and of all
7persons whose licenses have been suspended, revoked, or placed
8on inactive or nonrenewed status within the previous year.
9This roster shall be available upon written request and
10payment of the required fee.
 
11    Section 85. Advertising. Any person licensed under this
12Act may advertise the availability of professional services in
13the public media or on the premises where such professional
14services are rendered as permitted by law, on the condition
15that such advertising is truthful and not misleading and is in
16conformity with rules adopted by the Department.
17Advertisements shall not include false, fraudulent, deceptive,
18or misleading material or guarantees of success.
19Advertisements shall also not include any offers of any gift
20or item of value to attorneys or their staff or any other
21persons or entities associated with any litigation.
 
22    Section 90. Professional service corporations. Nothing in
23this Act shall restrict license holders from forming

 

 

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1professional service corporations under the provisions of the
2Professional Service Corporation Act.
 
3    Section 95. Rights and obligations. Any person who is a
4holder of an individual certificate as a certified shorthand
5reporter issued under any prior Act, including the Illinois
6Certified Shorthand Reporters Act of 1984, registering court
7reporters in this State and valid on the effective date of this
8Act, shall be deemed to be licensed under this Act and shall be
9subject to the same rights and obligations as persons
10originally licensed under this Act. All certificates issued
11under any prior Act, including the Illinois Certified
12Shorthand Reporters Act of 1984, are valid and are subject to
13the same authority of the Department to revoke or suspend them
14as licenses issued under this Act.
 
15    Section 100. Revocation or suspension; proceedings. No
16proceedings to revoke or suspend any license shall abate by
17reason of the passage of this Act. The Department may revoke or
18suspend a license on account of any act or circumstance
19occurring before this Act shall take effect, if such act or
20circumstance is a ground for revocation or suspension under
21the provisions of the law in effect at the time of such act or
22circumstance, and such act or circumstance if it occurred
23after this Act shall take effect would be a ground for
24revocation 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
3revoke, suspend, place on probation, reprimand, or take other
4disciplinary or nondisciplinary action as the Department may
5deem appropriate, including imposing fines not to exceed
6$10,000 for each violation and the assessment of costs as
7provided for in Section 125, with regard to any license for any
8one 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
2360 days after the effective date of the order imposing the fine
24or in accordance with the terms set forth in the order imposing
25the fine.
26    (b) The determination by a circuit court that a license

 

 

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1holder is subject to involuntary admission or judicial
2admission as provided in the Mental Health and Developmental
3Disabilities Code, operates as an automatic suspension. Such
4suspension will end only upon a finding by a court that the
5patient is no longer subject to involuntary admission or
6judicial admission, an order by the court so finding and
7discharging the patient. In any case where a license is
8suspended under this Section, the licensee may file a petition
9for restoration and shall include evidence acceptable to the
10Department that the licensee can resume practice in compliance
11with acceptable and prevailing standards of the profession.
12    (c) If the Department of Healthcare and Family Services
13has previously determined a licensee or a potential licensee
14is more than 30 days delinquent in the payment of child support
15and has subsequently licensed the delinquency to the
16Department, the Department may refuse to issue or renew or may
17revoke or suspend that person's license or may take other
18disciplinary action against that person based solely upon the
19certification of delinquency made by the Department of
20Healthcare and Family Services in accordance with paragraph
21(5) of subsection (a) of Section 2105-15 of the Civil
22Administrative Code of Illinois.
23    (d) In enforcing this Section, the Department, upon a
24showing of a possible violation, may compel any individual who
25is licensed under this Act or any individual who has applied
26for licensure under this Act to submit to a mental or physical

 

 

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1examination and evaluation, or both, which may include a
2substance abuse or sexual offender evaluation, at the expense
3of the Department. The Department shall specifically designate
4the examining physician licensed to practice medicine in all
5of its branches or, if applicable, the multidisciplinary team
6involved in providing the mental or physical examination and
7evaluation, or both. The multidisciplinary team shall be led
8by a physician licensed to practice medicine in all of its
9branches and may consist of one or more or a combination of
10physicians licensed to practice medicine in all of its
11branches, licensed chiropractic physicians, licensed clinical
12psychologists, licensed clinical social workers, licensed
13clinical professional counselors, and other professional and
14administrative staff. Any examining physician or member of the
15multidisciplinary team may require any person ordered to
16submit to an examination and evaluation pursuant to this
17Section to submit to any additional supplemental testing
18deemed necessary to complete any examination or evaluation
19process, including, but not limited to, blood testing,
20urinalysis, psychological testing, or neuropsychological
21testing.
22    The Department may order the examining physician or any
23member of the multidisciplinary team to provide to the
24Department any and all records, including business records,
25that relate to the examination and evaluation, including any
26supplemental testing performed. The Department may order the

 

 

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1examining physician or any member of the multidisciplinary
2team to present testimony concerning this examination and
3evaluation of the licensed court reporter or applicant,
4including testimony concerning any supplemental testing or
5documents relating to the examination and evaluation. No
6information, report, record, or other documents in any way
7related to the examination and evaluation shall be excluded by
8reason of any common law or statutory privilege relating to
9communication between the licensee or applicant and the
10examining physician or any member of the multidisciplinary
11team. No authorization is necessary from the licensed court
12reporter or applicant ordered to undergo an evaluation and
13examination for the examining physician or any member of the
14multidisciplinary team to provide information, reports,
15records, or other documents or to provide any testimony
16regarding the examination and evaluation. The individual to be
17examined may have, at his or her own expense, another
18physician of his or her choice present during all aspects of
19the examination.
20    Failure of any individual to submit to mental or physical
21examination and evaluation, or both, when directed, shall
22result in an automatic suspension, without hearing, until the
23individual submits to the examination. If the Department finds
24a licensed court reporter unable to practice because of the
25reasons set forth in this Section, the Department shall
26require the licensed court reporter to submit to care,

 

 

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1counseling, or treatment by physicians approved or designated
2by the Department, as a condition for continued, reinstated,
3or renewed licensure.
4    When the Secretary immediately suspends a license under
5this Section, a hearing upon the person's license must be
6convened by the Department within 15 days after the suspension
7and completed without appreciable delay. The Department shall
8have the authority to review the licensed court reporter's
9record of treatment and counseling regarding the impairment,
10to the extent permitted by applicable federal statutes and
11regulations safeguarding the confidentiality of medical
12records.
13    Individuals licensed under this Act affected under this
14Section shall be afforded an opportunity to demonstrate to the
15Department that they can resume practice in compliance with
16acceptable and prevailing standards under the provisions of
17their licensure.
18    (e) The Department may refuse to issue or may suspend
19without hearing, as provided for in the Code of Civil
20Procedure, the license of any person who fails to file a
21return, to pay the tax, penalty, or interest shown in a filed
22return, or to pay any final assessment of tax, penalty, or
23interest as required by any tax Act administered by the
24Department of Revenue, until the requirements of any such tax
25Act are satisfied in accordance with subsection (g) of Section
262105-15 of the Civil Administrative Code of Illinois.
 

 

 

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1    Section 110. Injunctive actions; order to cease and
2desist.
3    (a) If any person violates the provisions of this Act, the
4Secretary may, through the Attorney General or the State's
5Attorney of the county in which the violation is alleged to
6have occurred, petition for an order enjoining such violation
7or for an order enforcing compliance with this Act. Upon the
8filing of a verified petition in such court, the court may
9issue a temporary restraining order, without notice or bond,
10and may preliminarily and permanently enjoin such violation.
11If it is established that such person has violated or is
12violating the injunction, the court may punish the offender
13for contempt of court. Proceedings under this Section shall be
14in addition to, and not in lieu of, all other remedies and
15penalties provided by this Act.
16    (b) If any person practices as a licensed court reporter
17or holds oneself out as a licensed court reporter without
18being licensed under the provisions of this Act, then any
19licensed court reporter, any interested party, or any person
20injured thereby may, in addition to the Secretary, petition
21for relief as provided in subsection (a).
22    (c) Whenever, in the opinion of the Department, any person
23violates any provision of this Act, the Department may issue a
24rule to show cause why an order to cease and desist should not
25be entered against that individual. The rule shall clearly set

 

 

10200SB1105sam001- 25 -LRB102 04931 AMQ 38505 a

1forth the grounds relied upon by the Department and shall
2provide a period of 7 days after the date of the rule to file
3an answer to the satisfaction of the Department. Failure to
4answer to the satisfaction of the Department shall cause an
5order to cease and desist to be issued forthwith.
 
6    Section 115. Investigations; notice and hearing. The
7Department may investigate the actions of any applicant or of
8any person or persons holding or claiming to hold a license.
9The Department shall, before refusing to issue or renew, or
10taking disciplinary action against, a license, at least 30
11days prior to the date set for the hearing, notify in writing
12the applicant for, or holder of, a license of the nature of the
13charges and the time and place for a hearing on the charges.
14The Department shall direct the applicant or licensee to file
15a written answer to the charges with the Department under oath
16within 20 days after the service of the notice and inform the
17applicant or licensee that failure to file an answer will
18result in default being taken against the applicant or
19licensee. At the time and place fixed in the notice, the
20Department shall proceed to hear the charges and the parties
21or their counsel shall be accorded ample opportunity to
22present any pertinent statements, testimony, evidence, and
23arguments. The Department may continue the hearing from time
24to time. In case the person, after receiving the notice, fails
25to file an answer, his or her license may, in the discretion of

 

 

10200SB1105sam001- 26 -LRB102 04931 AMQ 38505 a

1the Department, be revoked, suspended, or placed on
2probationary status or the Department may take whatever
3disciplinary action considered proper, including limiting the
4scope, nature, or extent of the person's practice or the
5imposition of a fine, without a hearing, if the act or acts
6charged constitute sufficient grounds for that action under
7this Act. The written notice and any notice in the subsequent
8proceeding may be served by registered or licensed mail to the
9licensee's address of record.
 
10    Section 120. Confidentiality. All information collected by
11the Department in the course of an examination or
12investigation of a licensee or applicant, including, but not
13limited to, any complaint against a licensee filed with the
14Department and information collected to investigate any such
15complaint, shall be maintained for the confidential use of the
16Department and shall not be disclosed. The Department may not
17disclose the information to anyone other than law enforcement
18officials, other regulatory agencies that have an appropriate
19regulatory interest as determined by the Secretary, or a party
20presenting a lawful subpoena to the Department.
21    Information and documents disclosed to a federal, State,
22county, or local law enforcement agency shall not be disclosed
23by the agency for any purpose to any other agency or person. A
24formal complaint filed against a licensee by the Department or
25any order issued by the Department against a licensee or

 

 

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1applicant shall be a public record, except as otherwise
2prohibited by law.
 
3    Section 125. Records of proceedings. The Department, at
4its expense, shall preserve a record of all proceedings at the
5formal hearing of any case. The notice of hearing, complaint
6and all other documents in the nature of pleadings and written
7motions filed in the proceedings, the transcript of testimony,
8the report of the Department and orders of the Department,
9shall be the record of such proceeding. Any licensed court
10reporter who is found to have violated this Act or who fails to
11appear for a hearing to refuse to issue, restore, or renew a
12license or to discipline a licensee may be required by the
13Department to pay for the costs of the proceeding. These costs
14are limited to costs for court reporters, transcripts, and
15witness attendance and mileage fees. All costs imposed under
16this Section shall be paid within 60 days after the effective
17date of the order imposing the fine.
 
18    Section 130. Subpoenas; oaths. The Department may subpoena
19and bring before it any person and to take the oral or written
20testimony or compel the production of any books, papers,
21records, or any other documents that the Secretary or his or
22her designee deems relevant or material to an investigation or
23hearing conducted by the Department with the same fees and
24mileage and in the same manner as prescribed by law in judicial

 

 

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1procedure in civil cases in courts of this State.
2    The Secretary, the designated hearing officer, or a
3licensed court reporter may have power to administer oaths at
4any hearing which the Department conducts. Notwithstanding any
5other statute or Department rule to the contrary, all requests
6for testimony and production of documents or records shall be
7in accordance with this Act.
 
8    Section 135. Compelling testimony; contempt. Any circuit
9court, upon application of the Department or license holder,
10may order the attendance and testimony of witnesses and the
11production of relevant documents, papers, files, books, and
12records in connection with any hearing or investigation. The
13court may compel obedience to its order by proceedings for
14contempt.
 
15    Section 140. Department report. At the conclusion of the
16hearing, the Department shall present to the Secretary a
17written report of its findings of fact, conclusions of law,
18and recommendations. The report shall contain a finding as to
19whether the accused person violated this Act or failed to
20comply with the conditions required in this Act. The
21Department shall specify the nature of the violation or
22failure to comply, and shall make its recommendations to the
23Secretary. The report of findings of fact, conclusions of law,
24and recommendations of the Department shall be the basis for

 

 

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1the Department's action regarding a license. If the Secretary
2disagrees in any regard with the report of the Department he or
3she may issue an order in contravention thereof. The finding
4is not admissible in evidence against the person in a criminal
5prosecution brought for the violation of this Act, but the
6hearing and findings are not a bar to a criminal prosecution
7brought for the violation of this Act.
 
8    Section 145. Motion for rehearing. In any hearing
9involving the refusal to issue or renew, or the taking of
10disciplinary action against, a license, a copy of the
11Department's report shall be served upon the respondent by the
12Department as provided in this Act for the service of the
13notice of hearing. Within 20 days after such service, the
14respondent may present to the Department a motion in writing
15for a rehearing, which motion shall specify the particular
16grounds therefor. If no motion for rehearing is filed, then
17upon the expiration of the time specified for filing such a
18motion, or if a motion for rehearing is denied, then upon such
19denial the Secretary may enter an order in accordance with
20recommendations of the Department except as provided in
21Section 140. If the respondent shall order from the reporting
22service, and pay for a transcript of the record within the time
23for filing a motion for rehearing, the 20-day period within
24which such a motion may be filed shall commence upon the
25delivery of the transcript to the respondent.
 

 

 

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1    Section 150. Rehearing ordered by Secretary. Whenever the
2Secretary is satisfied that substantial justice has not been
3done in the revocation, suspension of, or the refusal to issue
4or renew a license, the Secretary may order a rehearing by the
5Department or a designated hearing officer.
 
6    Section 155. Hearing officers, reports, and review. The
7Secretary shall have the authority to appoint any attorney
8duly licensed to practice law in this State to serve as the
9hearing officer in any action involving a refusal to issue or
10renew, or the taking of disciplinary action against a license.
11The hearing officer shall have full authority to conduct the
12hearing. The hearing officer shall report his or her findings
13of fact, conclusions of law, and recommendations to the
14Department and the Secretary. The Department shall have 60
15days after receipt of the report to review the report of the
16hearing officer and present their findings of fact,
17conclusions of law, and recommendations to the Secretary. If
18the Department fails to present its report within the 60-day
19period, the Secretary may issue an order based on the report of
20the hearing officer. If the Secretary disagrees with the
21report of the Department or hearing officer, he or she may
22issue an order in contravention thereof.
 
23    Section 160. Order or licensed copy; prima facie proof. An

 

 

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1order or a licensed copy thereof, over the seal of the
2Department and purporting to be signed by the Secretary, shall
3be 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
8any time after successful completion of a term of indefinite
9probation, suspension, or revocation of a license, the
10Department may restore the license to the licensee, unless,
11after an investigation and hearing, the Secretary determines
12that restoration is not in the public interest or that the
13licensee has not been sufficiently rehabilitated to warrant
14the public trust. No person or entity whose license or
15authority has been revoked as authorized in this Act may apply
16for restoration of that license or authority until the time
17provided for in the Civil Administrative Code of Illinois.
 
18    Section 170. Surrender of license. Upon the revocation or
19suspension of any license, the license holder shall forthwith
20surrender the license to the Department. If the license holder
21fails to do so, the Department shall have the right to seize
22the license.
 
23    Section 175. Summary suspension. The Secretary may

 

 

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1summarily suspend the license of a licensed court reporter
2without a hearing, simultaneously with the institution of
3proceedings for a hearing provided for in Section 115, if the
4Secretary finds that the evidence indicates that a licensed
5court reporter's continuation in practice would constitute an
6imminent danger to the public. If the Secretary summarily
7suspends the license of a licensed court reporter without a
8hearing, a hearing shall be commenced within 30 days after
9such suspension has occurred and shall be concluded as
10expeditiously as possible.
 
11    Section 180. Administrative Review Law. All final
12administrative decisions of the Department are subject to
13judicial review pursuant to the Administrative Review Law and
14all rules adopted pursuant thereto. As used in this Section,
15"administrative decision" has the same meaning as in Section
163-101 of the Code of Civil Procedure.
17    Proceedings for judicial review shall be commenced in the
18circuit court of the county in which the party applying for
19review resides, except that if the party is not a resident of
20this State, the venue shall be Sangamon County.
 
21    Section 185. Certification of record; receipt. The
22Department shall not be required to certify any record to the
23court or file any answer in court or otherwise appear in any
24court in a judicial review proceeding, unless and until the

 

 

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1Department has received from the plaintiff payment of the
2costs of furnishing and certifying the record, which costs
3shall be determined by the Department. Exhibits shall be
4licensed without cost. Failure on the part of the plaintiff to
5file a receipt in court shall be grounds for dismissal of the
6action.
 
7    Section 190. Penalties. Any person who is found to have
8violated any provision of this Act is guilty of a Class A
9misdemeanor for the first offense. On conviction of a second
10or subsequent offense, the violator shall be guilty of a Class
114 felony. All criminal fines, moneys, or other property
12collected or received by the Department under this Section, or
13any other State or federal statute, shall be deposited into
14the General Professions Dedicated Fund.
 
15    Section 195. Administrative Procedure Act. The Illinois
16Administrative Procedure Act is hereby expressly adopted and
17incorporated herein as if all of the provisions of that Act
18were included in this Act, except that the provision of
19subsection (d) of Section 10-65 of the Illinois Administrative
20Procedure Act that provides that at hearings the license
21holder has the right to show compliance with all lawful
22requirements for retention, continuation, or renewal of
23licensure is specifically excluded. For the purpose of this
24Act, the notice required under Section 10-25 of the Illinois

 

 

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1Administrative Procedure Act is deemed sufficient when mailed
2to the last known address of record.
 
3    Section 200. Home rule. The regulation and licensing of a
4court reporter are exclusive powers and functions of the
5State. A home rule unit may not regulate or license a court
6reporter or the practice of court reporting. This Section is a
7denial and limitation of home rule powers and functions under
8subsection (h) of Section 6 of Article VII of the Illinois
9Constitution.
 
10    Section 205. Name and license number on transcript. Every
11court reporter shall print the licensee's name and license or
12restricted license number on each transcript reported.
 
13    Section 210. Responsibility for notes. It is the
14licensee's responsibility to preserve his or her court notes
15and recordings for a period of no less than 10 years after the
16date that the notes or transcripts were taken, except as
17otherwise prescribed by law, through storage of the original
18paper notes or an electronic copy of either the court notes or
19the English transcript of the notes on computer disks,
20cassettes, backup tape systems, optical or laser disk systems,
21data storage, or other retrieval systems available at the time
22that the notes or transcripts were taken.
 

 

 

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1    Section 215. Continuing education. As a condition for
2renewal of a license, licensees shall be required to complete
3continuing education in accordance with rules established by
4the Department.
5    Persons employed as full-time court reporters under this
6Act may apply for a waiver from the continuing education
7requirements. The waiver shall be granted upon the submission
8of evidence satisfactory to the Department that the licensed
9court reporter is employed as a full-time court reporter under
10this Act.
 
11    Section 800. The Regulatory Sunset Act is amended by
12changing 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.
15The following Acts and Section of an Act are repealed on
16January 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
9Act 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
12changing 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
15and the clerk thereof, the county clerk, deputy county clerk,
16notaries public, and persons licensed certified under the
17Illinois Court Reporters Licensing Act of 2022 Illinois
18Certified Shorthand Reporters Act of 1984 have the power to
19administer oaths and affirmations to witnesses and others,
20concerning anything commenced or to be commenced, or pending
21before 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
3judges, and the clerks thereof, the county clerk, deputy
4county clerk, the Secretary of State, notaries public, and
5persons licensed certified under the Illinois Court Reporters
6Licensing Act of 2022 Illinois Certified Shorthand Reporters
7Act of 1984 may administer all oaths of office and all other
8oaths authorized or required of any officer or other person,
9and take affidavits and depositions concerning any matter or
10thing, process or proceeding commenced or to be commenced, or
11pending in any court or before them, or on any occasion wherein
12any affidavit or deposition is authorized or required by law
13to be taken.
14    The same functions may be performed by any commissioned
15officer in active service of the armed forces of the United
16States, within or without the United States. Oaths, affidavits
17or depositions taken by or affirmations made before such
18officers need not be authenticated nor attested by any seal
19nor shall any instruments executed or proceedings had before
20such officers be invalid because the place of the proceedings
21or 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
24of the Civil Administrative Code of Illinois is amended by
25changing 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
3reporter; transcript. The Department, at its expense, shall
4provide a licensed court certified shorthand reporter to take
5down the testimony and preserve a record of all proceedings at
6the hearing of any case in which a license may be revoked,
7suspended, placed on probationary status, reprimanded, fined,
8or subjected to other disciplinary action with reference to
9the license when a disciplinary action is authorized in any
10licensing Act administered by the Department. The notice,
11complaint, and all other documents in the nature of pleadings
12and written motions filed in the proceedings, the transcript
13of testimony, the report of the board, and the orders of the
14Department shall be the record of the proceedings. The
15Department shall furnish the record to any person interested
16in the hearing upon payment therefor of $1 per page. The
17Department may contract for court reporting services, and, in
18the event it does so, the Department shall provide the name and
19contact information for the licensed court certified shorthand
20reporter who transcribed the testimony at a hearing to any
21person interested, who may obtain a copy of the transcript of
22any proceedings at a hearing upon payment of the fee specified
23by the licensed court certified shorthand reporter. This
24charge is in addition to any fee charged by the Department for
25certifying 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
3Act 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
6Process.
7    (a) An EMS Medical Director may suspend from participation
8within the System any EMS personnel, EMS Lead Instructor (LI),
9individual, individual provider or other participant
10considered not to be meeting the requirements of the Program
11Plan of that approved EMS System.
12    (b) Prior to suspending any individual or entity, an EMS
13Medical Director shall provide an opportunity for a hearing
14before the local System review board in accordance with
15subsection (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
17EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, LI, PHPA,
18PHAPRN, or other individual or entity if he or she finds that
19the continuation in practice by the individual or entity would
20constitute an imminent danger to the public. The suspended
21individual or entity shall be issued an immediate verbal
22notification followed by a written suspension order by the EMS
23Medical Director which states the length, terms and basis for
24the 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
9directly related to medical care, the EMS Medical Director
10shall also provide the individual or entity with the
11opportunity for a hearing before the local System review
12board, in accordance with subsection (f) and the rules
13promulgated 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
5review board in accordance with the rules of the Department,
6for the purpose of providing a hearing to any individual or
7entity participating within the System who is suspended from
8participation by the EMS Medical Director. The EMS Medical
9Director shall arrange for a licensed court certified
10shorthand reporter to make a stenographic record of that
11hearing and thereafter prepare a transcript of the
12proceedings. The transcript, all documents or materials
13received as evidence during the hearing and the local System
14review board's written decision shall be retained in the
15custody of the EMS system. The System shall implement a
16decision of the local System review board unless that decision
17has been appealed to the State Emergency Medical Services
18Disciplinary Review Board in accordance with this Act and the
19rules of the Department.
20    (f) The Resource Hospital shall implement a decision of
21the State Emergency Medical Services Disciplinary Review Board
22which has been rendered in accordance with this Act and the
23rules 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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1is 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
5and bring before it any person and may take the oral or written
6testimony of any person or compel the production of any books,
7papers, records, or any other documents that the Secretary or
8his or her designee deems relevant or material to an
9investigation or hearing conducted by the Department with the
10same fees and mileage and in the same manner as prescribed by
11law in judicial procedure in civil cases in courts of this
12State.
13    The Secretary, the designated hearing officer, any member
14of the Board, or a licensed certified shorthand court reporter
15may administer oaths at any hearing which the Department
16conducts. Notwithstanding any other statute or Department rule
17to the contrary, all requests for testimony or production of
18documents 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
21amended 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
3person to take the oral or written testimony or compel the
4production of any books, papers, records, or any other
5documents that the Secretary or his or her designee deems
6relevant or material to any investigation or hearing conducted
7by the Department with the same fees and mileage and in the
8same manner as prescribed in civil cases in the courts of this
9State.
10    (b) The Secretary, the hearing officer, any member of the
11Board, or a licensed certified shorthand court reporter may
12administer oaths at any hearing that the Department conducts.
13Notwithstanding any other statute or Department rule to the
14contrary, all requests for testimony, production of documents,
15or records shall be in accordance with this Act.
16    (c) Any circuit court, upon application of the Department
17or licensee, may order the attendance and testimony of
18witnesses and the production of relevant documents, papers,
19files, books and records in connection with any hearing or
20investigations. The court may compel obedience to its order by
21proceedings for contempt.
22(Source: P.A. 97-1141, eff. 12-28-12.)
 
23    Section 830. The Funeral Directors and Embalmers Licensing
24Code 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
5person to take the oral or written testimony or compel the
6production of any books, papers, records, or any other
7documents that the Secretary or his or her designee deems
8relevant or material to any investigation or hearing conducted
9by the Department with the same fees and mileage and in the
10same manner as prescribed in civil cases in the courts of this
11State.
12    (b) The Secretary, the hearing officer, any member of the
13Board, or a licensed certified shorthand court reporter may
14administer oaths at any hearing that the Department conducts.
15Notwithstanding any other statute or Department rule to the
16contrary, all requests for testimony, production of documents,
17or records shall be in accordance with this Code.
18    (c) Any circuit court, upon application of the applicant,
19licensee or the Department, may order the attendance and
20testimony of witnesses and the production of relevant
21documents, files, books, records, and papers in connection
22with any hearing or investigation. The court may compel
23compliance with its order by proceedings for contempt of
24court.
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
2amended 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
5licensed court certified shorthand reporter to take down the
6testimony and preserve a record of all proceedings at the
7hearing of any case involving the refusal to issue or renew a
8license, the suspension or revocation of a license, the
9imposition of a monetary penalty, or the referral of a case for
10criminal prosecution. The record of any such proceeding shall
11consist of the notice of hearing, complaint, all other
12documents in the nature of pleadings and written motions filed
13in the proceedings, the transcript of testimony and the report
14and orders of the Comptroller. Copies of the transcript of
15such record may be purchased from the licensed court certified
16shorthand 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
20decision of the Comptroller may have such decision reviewed
21judicially by the circuit court of the county where such
22person resides, or in the case of a corporation, where the
23registered office is located. If the plaintiff in the review
24proceeding is not a resident of this State, venue shall be in

 

 

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1Sangamon County. The provisions of the Administrative Review
2Law, as now or hereafter amended, and any rules adopted
3thereunder shall govern all proceedings for the judicial
4review of final administrative decisions of the Comptroller.
5The term "administrative decision" is defined as in the
6Administrative Review Law.
7    The Comptroller is not required to certify the record of
8the proceeding unless the plaintiff in the review proceedings
9has purchased a copy of the transcript from the licensed court
10certified shorthand reporter who prepared the record. Exhibits
11shall be certified without cost.
12(Source: P.A. 84-839.)
 
13    Section 840. The Massage Licensing Act is amended by
14changing 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
19person to take the oral or written testimony or compel the
20production of any books, papers, records, or any other
21documents that the Secretary or his or her designee deems
22relevant or material to any such investigation or hearing
23conducted by the Department with the same fees and in the same
24manner as prescribed in civil cases in the courts of this

 

 

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1State.
2    (b) Any circuit court, upon the application of the
3licensee or the Department, may order the attendance and
4testimony of witnesses and the production of relevant
5documents, files, records, books, and papers in connection
6with any hearing or investigation. The circuit court may
7compel obedience to its order by proceedings for contempt.
8    (c) The Secretary, the hearing officer, any member of the
9Board, or a licensed certified shorthand court reporter may
10administer oaths at any hearing the Department conducts.
11Notwithstanding any other statute or Department rule to the
12contrary, all requests for testimony, production of documents,
13or 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
16by 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;
20record. The Department, at its expense, shall provide a
21licensed court certified shorthand reporter to take down the
22testimony and preserve a record of all proceedings at the
23hearing of any case wherein a license may be revoked,
24suspended, placed on probationary status, or other

 

 

10200SB1105sam001- 50 -LRB102 04931 AMQ 38505 a

1disciplinary action taken with regard thereto in accordance
2with Section 2105-115 of the Department of Professional
3Regulation Law of the Civil Administrative Code of Illinois.
4The notice of hearing, complaint and all other documents in
5the nature of pleadings and written motions filed in the
6proceedings, the transcript of testimony, the report of the
7hearing officer, exhibits, the report of the Medical Board,
8and the orders of the Department constitute the record of the
9proceedings.
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
12changing 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
17person in this State and to take the oral or written testimony
18or compel the production of any books, papers, records, or any
19other documents that the Secretary or his or her designee
20deems relevant or material to any investigation or hearing
21conducted by the Department with the same fees and mileage and
22in the same manner as prescribed in civil cases in circuit
23courts of this State.
24    (b) The Secretary, the hearing officer, and a licensed

 

 

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1certified shorthand court reporter may administer oaths at any
2hearing that the Department conducts. Notwithstanding any
3other statute or Department rule to the contrary, all requests
4for testimony, production of documents, or records shall be in
5accordance with this Act.
6    (c) Any circuit court, upon application of the Department
7or licensee, may order the attendance and testimony of
8witnesses and the production of relevant documents, papers,
9files, books, and records in connection with any hearing or
10investigation. The court may compel obedience to its order by
11proceedings for contempt.
12(Source: P.A. 97-778, eff. 7-13-12.)
 
13    Section 855. The Illinois Occupational Therapy Practice
14Act 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
18and bring before it any person and to take the oral or written
19testimony or compel the production of any books, papers,
20records, or any other documents that the Secretary or his or
21her designee deems relevant or material to an investigation or
22hearing conducted by the Department with the same fees and
23mileage and in the same manner as prescribed by law in judicial
24procedure in civil cases in courts of this State.

 

 

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1    The Secretary, the designated hearing officer, any member
2of the Board, or a licensed certified shorthand court reporter
3may administer oaths at any hearing which the Department
4conducts. Notwithstanding any other statute or Department rule
5to the contrary, all requests for testimony or production of
6documents 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
9is 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
14licensed court certified shorthand reporter to take down the
15testimony and preserve a record of all proceedings at the
16hearing of any case in which a licensee may be revoked,
17suspended, placed on probationary status, reprimanded, fined,
18or subjected to other disciplinary action with reference to
19the license when a disciplinary action is authorized under
20this Act and rules. The notice of hearing, complaint, and all
21other documents in the nature of pleadings and written
22portions filed in the proceedings, the transcript of the
23testimony, the report of the hearing officer, and the orders
24of the Department shall be the record of the proceedings. The

 

 

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1record may be made available to any person interested in the
2hearing upon payment of the fee required by Section 2105-115
3of the Department of Professional Regulation Law of the Civil
4Administrative Code of Illinois.
5    (b) The Department may contract for court reporting
6services, and, if it does so, the Department shall provide the
7name and contact information for the licensed court certified
8shorthand reporter who transcribed the testimony at a hearing
9to any person interested, who may obtain a copy of the
10transcript of any proceedings at a hearing upon payment of the
11fee specified by the licensed court certified shorthand
12reporter.
13(Source: P.A. 102-20, eff. 1-1-22.)
 
14    Section 865. The Professional Counselor and Clinical
15Professional Counselor Licensing and Practice Act is amended
16by 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
20to subpoena and bring before it any person to take the oral or
21written testimony or compel the production of any books,
22papers, records, or any other documents that the Secretary or
23his or her designee deems relevant or material to any
24investigation or hearing conducted by the Department, with the

 

 

10200SB1105sam001- 54 -LRB102 04931 AMQ 38505 a

1same fees and mileage and in the same manner as prescribed in
2civil cases in the courts of this State.
3    The Secretary, the designated hearing officer, any member
4of the Board, or a licensed certified shorthand court reporter
5may administer oaths at any hearing which the Department
6conducts, and any other oaths authorized in any Act
7administered by the Department. Notwithstanding any other
8statute or Department rules to the contrary, all requests for
9testimony, production of documents, or records shall be in
10accordance with this Act.
11(Source: P.A. 97-706, eff. 6-25-12.)
 
12    Section 870. The Veterinary Medicine and Surgery Practice
13Act 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
17any person and to take the oral or written testimony or compel
18the production of any books, papers, records, or any other
19documents that the Secretary or his or her designee deems
20relevant or material to an investigation or hearing conducted
21by the Department, with the same fees and mileage and in the
22same manner as prescribed by law in judicial procedure in
23civil cases in courts of this State.
24    The Secretary, the designated hearing officer, any member

 

 

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1of the Board, or a licensed certified shorthand court reporter
2may have power to administer oaths at any hearing which the
3Department conducts. Notwithstanding any other statute or
4Department rule to the contrary, all requests for testimony,
5production of documents or records shall be in accordance with
6this Act.
7(Source: P.A. 98-339, eff. 12-31-13.)
 
8    Section 875. The Perfusionist Practice Act is amended by
9changing 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
14record of all proceedings at the formal hearing of any case in
15which a license under this Act may be revoked, suspended,
16placed on probationary status, reprimanded, fined, or
17subjected to other disciplinary action with reference to the
18license when a disciplinary action is authorized under this
19Act and rules. The notice of hearing, complaint, and all other
20documents in the nature of pleadings and written motions filed
21in the proceedings, the transcript of testimony, the report of
22the Board or hearing officer, and orders of the Department
23shall be the record of the proceeding. The record may be made
24available to any person interested in the hearing on payment

 

 

10200SB1105sam001- 56 -LRB102 04931 AMQ 38505 a

1of the fee required under Section 2105-115 of the Department
2of Professional Regulation Law.
3    (b) The Department may contract for court reporting
4services, and, if it does so, the Department shall provide the
5name and contact information for the licensed court certified
6shorthand reporter who transcribed the testimony at a hearing
7to any person interested, who may obtain a copy of the
8transcript of any proceedings at a hearing upon payment of the
9fee specified by the licensed court certified shorthand
10reporter.
11(Source: P.A. 101-311, eff. 8-9-19.)
 
12    Section 880. The Registered Surgical Assistant and
13Registered Surgical Technologist Title Protection Act is
14amended 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
19person to take the oral or written testimony or compel the
20production of any books, papers, records, or any other
21documents that the Secretary or his or her designee deems
22relevant or material to any investigation or hearing conducted
23by the Department, with the same fees and mileage and in the
24same manner as prescribed by law in judicial proceedings in

 

 

10200SB1105sam001- 57 -LRB102 04931 AMQ 38505 a

1civil cases in circuit courts of this State.
2    (b) The Secretary, the hearing officer, or a licensed
3certified shorthand court reporter may administer oaths at any
4hearing that the Department conducts. Notwithstanding any
5other statute or Department rule to the contrary, all requests
6for testimony, production of documents, or records shall be in
7accordance with this Act.
8(Source: P.A. 98-364, eff. 12-31-13.)
 
9    Section 885. The Illinois Explosives Act is amended by
10changing 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
13Department or aggrieved party may provide at its or his or her
14expense a licensed court certified shorthand reporter to take
15down the testimony and preserve a record of all proceedings at
16the hearing of any case involving denial or refusal to issue or
17renew a license or certificate, or the suspension or
18revocation or other discipline of a license or certificate.
19Copies of the transcript of such record may be purchased from
20the licensed court certified shorthand reporter who prepared
21the record.
22(Source: P.A. 96-1194, eff. 1-1-11.)
 
23    Section 890. The Illinois Architecture Practice Act of

 

 

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11989 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
6licensed court certified shorthand reporter to take down the
7testimony and preserve a record of all proceedings at the
8hearing of any case in which a license may be revoked,
9suspended, placed on probationary status, reprimanded, fined,
10or subjected to other disciplinary action with reference to
11the license when a disciplinary action is authorized under
12this Act and rules. The notice of hearing, complaint, and all
13other documents in the nature of pleadings and written motions
14filed in the proceedings, the transcript of the testimony, the
15report of the Board, and the orders of the Department shall be
16the record of the proceedings. The record may be made
17available to any person interested in the hearing upon payment
18of the fee required by Section 2105-115 of the Department of
19Professional Regulation Law of the Civil Administrative Code
20of Illinois.
21    (b) The Department may contract for court reporting
22services, and, if it does so, the Department shall provide the
23name and contact information for the licensed court certified
24shorthand reporter who transcribed the testimony at a hearing
25to any person interested, who may obtain a copy of the

 

 

10200SB1105sam001- 59 -LRB102 04931 AMQ 38505 a

1transcript of any proceedings at a hearing upon payment of the
2fee specified by the licensed court certified shorthand
3reporter.
4(Source: P.A. 101-346, eff. 8-9-19.)
 
5    Section 895. The Landscape Architecture Registration Act
6is 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
11licensed court certified shorthand reporter to take down the
12testimony and preserve a record of all proceedings in which a
13registrant may have their registration revoked or suspended or
14in which the registrant may be placed on probationary status,
15reprimanded, fined, or subjected to other disciplinary action
16with reference to the registration when a disciplinary action
17is authorized under this Act and rules issued pursuant to this
18Act. The notice of hearing, complaint, and all other documents
19in the nature of pleadings and written motions filed in the
20proceedings, the transcript of the testimony, and the orders
21of the Department shall be the record of the proceedings. The
22record may be made available to any person interested in the
23hearing upon payment of the fee required by Section 2105-115
24of the Department of Professional Regulation Law.

 

 

10200SB1105sam001- 60 -LRB102 04931 AMQ 38505 a

1    (b) The Department may contract for court reporting
2services, and, if it does so, the Department shall provide the
3name and contact information for the licensed court certified
4shorthand reporter who transcribed the testimony at a hearing
5to any person interested, who may obtain a copy of the
6transcript of any proceedings at a hearing upon payment of the
7fee specified by the licensed court certified shorthand
8reporter.
9(Source: P.A. 102-284, eff. 8-6-21.)
 
10    Section 900. The Professional Engineering Practice Act of
111989 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
16licensed court certified shorthand reporter to take down the
17testimony and preserve a record of all proceedings at the
18hearing of any case in which a license may be revoked or
19suspended or in which a licensee may be placed on probationary
20status, reprimanded, fined, or subjected to other disciplinary
21action with reference to the license when a disciplinary
22action is authorized under this Act and its rules. The notice
23of hearing, complaint, and all other documents in the nature
24of pleadings and written motions filed in the proceedings, the

 

 

10200SB1105sam001- 61 -LRB102 04931 AMQ 38505 a

1transcript of the testimony, the report of the Board, and the
2orders of the Department shall be the record of the
3proceedings. The record may be made available to any person
4interested in the hearing upon payment of the fee required by
5Section 2105-115 of the Department of Professional Regulation
6Law of the Civil Administrative Code of Illinois.
7    (b) The Department may contract for court reporting
8services, and, if it does so, the Department shall provide the
9name and contact information for the licensed court certified
10shorthand reporter who transcribed the testimony at a hearing
11to any person interested, who may obtain a copy of the
12transcript of any proceedings at a hearing upon payment of the
13fee specified by the licensed court certified shorthand
14reporter.
15(Source: P.A. 101-310, eff. 8-9-19.)
 
16    Section 905. The Illinois Professional Land Surveyor Act
17of 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
22licensed court certified shorthand reporter to take down the
23testimony and preserve a record of all proceedings at the
24hearing of any case where a license may be revoked, suspended,

 

 

10200SB1105sam001- 62 -LRB102 04931 AMQ 38505 a

1placed on probationary status, reprimanded, fined, or
2subjected to other disciplinary action with reference to the
3license when a disciplinary action is authorized under this
4Act and its rules. The notice of hearing, complaint, and all
5other documents in the nature of pleadings and written motions
6filed in the proceedings, the transcript of testimony, the
7report of the Board, and the orders of the Department shall be
8the record of the proceedings. The record may be made
9available to any person interested in the hearing upon payment
10of the fee required by Section 2105-115 of the Department of
11Professional Regulation Law of the Civil Administrative Code
12of Illinois.
13    (b) The Department may contract for court reporting
14services, and, if it does so, the Department shall provide the
15name and contact information for the licensed court certified
16shorthand reporter who transcribed the testimony at a hearing
17to any person interested, who may obtain a copy of the
18transcript of any proceedings at a hearing upon payment of the
19fee specified by the licensed court certified shorthand
20reporter.
21(Source: P.A. 101-313, eff. 8-9-19.)
 
22    Section 910. The Illinois Roofing Industry Licensing Act
23is 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
3subpoena and bring before it any person in this State and to
4take the oral or written testimony, or to compel the
5production of any books, papers, records, documents, exhibits,
6or other materials that the Secretary or his or her designee
7deems relevant or material to an investigation or hearing
8conducted by the Department, with the same fees and mileage
9and in the same manner as prescribed by law in judicial
10proceedings in civil cases in courts of this State.
11    The Secretary, the designated hearing officer, any member
12of the Board, or a licensed certified shorthand court reporter
13may administer oaths to witnesses at any hearing that the
14Department conducts. Notwithstanding any other statute or
15Department rule to the contrary, all requests for testimony or
16production of documents or records shall be in accordance with
17this Act.
18(Source: P.A. 99-469, eff. 8-26-15.)
 
19    Section 915. The Structural Engineering Practice Act of
201989 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

 

 

10200SB1105sam001- 64 -LRB102 04931 AMQ 38505 a

1licensed court certified shorthand reporter to take down the
2testimony and preserve a record of all proceedings at the
3hearing of any case in which a license may be revoked or
4suspended or a licensee placed on probationary status,
5reprimanded, fined, or subjected to other disciplinary action
6with reference to the license when a disciplinary action is
7authorized under this Act and its rules. The notice of
8hearing, complaint, and all other documents in the nature of
9pleadings and written motions filed in the proceedings, the
10transcript of the testimony, the report of the Board or
11hearing officer, and the orders of the Department shall be the
12record of the proceedings. The record may be made available to
13any person interested in the hearing upon payment of the fee
14required by Section 2105-115 of the Department of Professional
15Regulation Law of the Civil Administrative Code of Illinois.
16    (b) The Department may contract for court reporting
17services, and, if it does so, the Department shall provide the
18name and contact information for the licensed court certified
19shorthand reporter who transcribed the testimony at a hearing
20to any person interested, who may obtain a copy of the
21transcript of any proceedings at a hearing upon payment of the
22fee specified by the licensed court certified shorthand
23reporter.
24(Source: P.A. 101-312, eff. 8-9-19.)
 
25    Section 920. The Cemetery Oversight Act is amended by

 

 

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1changing 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
6licensed court certified shorthand reporter to take down the
7testimony and preserve a record of all proceedings at the
8hearing of any case in which a licensee may be revoked,
9suspended, placed on probationary status, reprimanded, fined,
10or subjected to other disciplinary action with reference to
11the license when a disciplinary action is authorized under
12this Act and rules. The notice of hearing, complaint, and all
13other documents in the nature of pleadings and written
14portions filed in the proceedings, the transcript of the
15testimony, the report of the hearing officer, and the orders
16of the Department shall be the record of the proceedings. The
17record may be made available to any person interested in the
18hearing upon payment of the fee required by Section 2105-115
19of the Department of Professional Regulation Law.
20    (b) The Department may contract for court reporting
21services, and, if it does so, the Department shall provide the
22name and contact information for the licensed court certified
23shorthand reporter who transcribed the testimony at a hearing
24to any person interested, who may obtain a copy of the
25transcript of any proceedings at a hearing upon payment of the

 

 

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1fee specified by the licensed court certified shorthand
2reporter.
3(Source: P.A. 102-20, eff. 6-25-21.)
 
4    (225 ILCS 415/Act rep.)
5    Section 923. The Illinois Certified Shorthand Reporters
6Act of 1984 is repealed.
 
7    Section 925. The Detection of Deception Examiners Act is
8amended 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
13person to take the oral or written testimony or compel the
14production of any books, papers, records, or any other
15documents that the Secretary or his or her designee deems
16relevant or material to any investigation or hearing conducted
17by the Department with the same fees and in the same manner as
18prescribed in civil cases in the courts of this State.
19    (b) Any circuit court, upon the application of the
20licensee or the Department, may order the attendance and
21testimony of witnesses and the production of relevant
22documents, files, records, books, and papers in connection
23with any hearing or investigation. The circuit court may

 

 

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1compel obedience to its order by proceedings for contempt.
2    (c) The Secretary, the hearing officer, any member of the
3Board, or a licensed certified shorthand court reporter may
4administer oaths at any hearing the Department conducts.
5Notwithstanding any other statute or Department rule to the
6contrary, all requests for testimony, production of documents,
7or 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
10changing 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
15person to take oral or written testimony or compel the
16production of any books, papers, records, or any other
17documents the Secretary or the Secretary's designee deems
18relevant or material to any investigation or hearing conducted
19by the Department with the same fees and in the same manner as
20prescribed in civil cases in the courts of this State.
21    (b) Any circuit court, upon the application of the
22licensee or the Department, may order the attendance and
23testimony of witnesses and the production of relevant
24documents, files, records, books, and papers in connection

 

 

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1with any hearing or investigation. The circuit court may
2compel obedience to its order by proceedings for contempt.
3    (c) The Secretary, the hearing officer, any member of the
4Board, or a licensed certified shorthand court reporter may
5administer oaths at any hearing the Department conducts.
6Notwithstanding any other statute or Department rule to the
7contrary, all requests for testimony, production of documents,
8or 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
11by 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
16person to take the oral or written testimony or compel the
17production of any books, papers, records, or any other
18documents that the Secretary or his or her designee deems
19relevant or material to any investigation or hearing conducted
20by the Department with the same fees and mileage as prescribed
21in civil cases in circuit courts of this State and in the same
22manner as prescribed by this Act and its rules.
23    (b) The Secretary, any member of the Committee designated
24by the Secretary, a licensed court certified shorthand

 

 

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1reporter, or any hearing officer appointed may administer
2oaths at any hearing which the Department conducts.
3Notwithstanding any statute or Department rule to the
4contrary, all requests for testimony, production of documents,
5or 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
82002 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
13a complaint in writing of a person setting forth facts that, if
14proven, would constitute grounds for suspension, revocation,
15or other disciplinary action against a licensee or applicant
16for licensure, the Department shall investigate the actions of
17the licensee or applicant. If, upon investigation, the
18Department believes that there may be cause for suspension,
19revocation, or other disciplinary action, the Department shall
20use the services of a State certified general real estate
21appraiser, a State certified residential real estate
22appraiser, or the Real Estate Coordinator to assist in
23determining whether grounds for disciplinary action exist
24prior to commencing formal disciplinary proceedings.

 

 

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1    (b) Formal disciplinary proceedings shall commence upon
2the issuance of a written complaint describing the charges
3that are the basis of the disciplinary action and delivery of
4the detailed complaint to the address of record of the
5licensee or applicant. For an associate real estate trainee
6appraiser, a copy shall also be sent to the licensee's
7supervising appraiser of record. The Department shall notify
8the licensee or applicant to file a verified written answer
9within 20 days after the service of the notice and complaint.
10The notification shall inform the licensee or applicant of the
11right to be heard in person or by legal counsel; that the
12hearing will be afforded not sooner than 20 days after service
13of the complaint; that failure to file an answer will result in
14a default being entered against the licensee or applicant;
15that the license may be suspended, revoked, or placed on
16probationary status; and that other disciplinary action may be
17taken pursuant to this Act, including limiting the scope,
18nature, or extent of the licensee's practice. If the licensee
19or applicant fails to file an answer after service of notice,
20the respective license may, at the discretion of the
21Department, be suspended, revoked, or placed on probationary
22status and the Department may take whatever disciplinary
23action it deems proper, including limiting the scope, nature,
24or extent of the person's practice, without a hearing.
25    (c) At the time and place fixed in the notice, the Board
26shall conduct hearing of the charges, providing both the

 

 

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1accused person and the complainant ample opportunity to
2present in person or by counsel such statements, testimony,
3evidence, and argument as may be pertinent to the charges or to
4a defense thereto.
5    (d) The Board shall present to the Secretary a written
6report of its findings of fact and recommendations. A copy of
7the report shall be served upon the licensee or applicant,
8either personally, by mail, or, at the discretion of the
9Department, by electronic means. For associate real estate
10trainee appraisers, a copy shall also be sent to the
11licensee's supervising appraiser of record. Within 20 days
12after the service, the licensee or applicant may present the
13Secretary with a motion in writing for a rehearing and shall
14specify the particular grounds for the request. If the accused
15orders a transcript of the record as provided in this Act, the
16time elapsing thereafter and before the transcript is ready
17for delivery to the accused shall not be counted as part of the
1820 days. If the Secretary is not satisfied that substantial
19justice has been done, the Secretary may order a rehearing by
20the Board or other special committee appointed by the
21Secretary, may remand the matter to the Board for its
22reconsideration of the matter based on the pleadings and
23evidence presented to the Board, or may enter a final order in
24contravention of the Board's recommendation. Notwithstanding a
25licensee's or applicant's failure to file a motion for
26rehearing, the Secretary shall have the right to take any of

 

 

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1the actions specified in this subsection (d). Upon the
2suspension or revocation of a license, the licensee shall be
3required to surrender the respective license to the
4Department, and upon failure or refusal to do so, the
5Department shall have the right to seize the license.
6    (e) The Department has the power to issue subpoenas and
7subpoenas duces tecum to bring before it any person in this
8State, to take testimony, or to require production of any
9records relevant to an inquiry or hearing by the Board in the
10same manner as prescribed by law in judicial proceedings in
11the courts of this State. In a case of refusal of a witness to
12attend, testify, or to produce books or papers concerning a
13matter upon which the witness might be lawfully examined, the
14circuit court of the county where the hearing is held, upon
15application of the Department or any party to the proceeding,
16may compel obedience by proceedings as for contempt.
17    (f) Any license that is revoked may not be restored for a
18minimum period of 3 years.
19    (g) In addition to the provisions of this Section
20concerning the conduct of hearings and the recommendations for
21discipline, the Department has the authority to negotiate
22disciplinary and non-disciplinary settlement agreements
23concerning any license issued under this Act. All such
24agreements shall be recorded as Consent Orders or Consent to
25Administrative Supervision Orders.
26    (h) The Secretary shall have the authority to appoint an

 

 

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1attorney duly licensed to practice law in the State of
2Illinois to serve as the hearing officer in any action to
3suspend, revoke, or otherwise discipline any license issued by
4the Department. The Hearing Officer shall have full authority
5to conduct the hearing.
6    (i) The Department, at its expense, shall preserve a
7record of all formal hearings of any contested case involving
8the discipline of a license. At all hearings or pre-hearing
9conferences, the Department and the licensee shall be entitled
10to have the proceedings transcribed by a licensed court
11certified shorthand reporter. A copy of the transcribed
12proceedings shall be made available to the licensee by the
13licensed court certified shorthand reporter upon payment of
14the 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
17Section 15 as follows:
 
18    (225 ILCS 605/15)  (from Ch. 8, par. 315)
19    Sec. 15. Any person affected by a final administrative
20decision of the Department may have such decision reviewed
21judicially by the circuit court of the county wherein such
22person resides, or in the case of a corporation, wherein the
23registered office is located. If the plaintiff in the review
24proceeding is not a resident of this state, the venue shall be

 

 

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1in Sangamon County. The provisions of the Administrative
2Review Law, and all amendments and modifications thereof, and
3the rules adopted pursuant thereto, shall apply to and govern
4all proceedings for the judicial review of final
5administrative decisions of the Department hereunder. The term
6"administrative decision" is defined as in Section 3-101 of
7the Code of Civil Procedure.
8    The Department shall not be required to certify the record
9of the proceeding unless the plaintiff in the review
10proceedings has purchased a copy from the licensed court
11certified shorthand reporter who prepared the record. Exhibits
12shall be certified without cost.
13(Source: P.A. 82-783.)
 
14    Section 950. The Liquor Control Act of 1934 is amended by
15changing 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
18action of a local liquor control commissioner levying a fine
19or refusing to levy a fine on a licensee, granting or refusing
20to grant a license, revoking or suspending or refusing to
21revoke or suspend a license or refusing for more than 30 days
22to grant a hearing upon a complaint to revoke or suspend a
23license may, within 20 days after notice of such order or
24action, be appealed by any resident of the political

 

 

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1subdivision under the jurisdiction of the local liquor control
2commissioner or any person interested, to the State
3Commission.
4    In any case where a licensee appeals to the State
5Commission from an order or action of the local liquor control
6commission having the effect of suspending or revoking a
7license, denying a renewal application, or refusing to grant a
8license, the licensee shall resume the operation of the
9licensed business pending the decision of the State Commission
10and the expiration of the time allowed for an application for
11rehearing. If an application for rehearing is filed, the
12licensee shall continue the operation of the licensed business
13until the denial of the application or, if the rehearing is
14granted, until the decision on rehearing.
15    In any case in which a licensee appeals to the State
16Commission a suspension or revocation by a local liquor
17control commissioner that is the second or subsequent such
18suspension or revocation placed on that licensee within the
19preceding 12 month period, the licensee shall consider the
20suspension or revocation to be in effect until a reversal of
21the local liquor control commissioner's action has been issued
22by the State Commission and shall cease all activity otherwise
23authorized by the license. The State Commission shall
24expedite, to the greatest extent possible, its consideration
25of any appeal that is an appeal of a second or subsequent
26suspension or revocation within the past 12 month period.

 

 

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1    The appeal shall be limited to a review of the official
2record of the proceedings of such local liquor control
3commissioner if the county board, city council or board of
4trustees, as the case may be, has adopted a resolution
5requiring that such review be on the record. If such
6resolution is adopted, a certified official record of the
7proceedings taken and prepared by a licensed certified court
8reporter or certified shorthand reporter shall be filed by the
9local liquor control commissioner within 5 days after notice
10of the filing of such appeal, if the appellant licensee pays
11for the cost of the transcript. The State Commission shall
12review the propriety of the order or action of the local liquor
13control commissioner and shall consider the following
14questions:
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,
21shall be the evidence found in the certified official record
22of the proceedings of the local liquor control commissioner.
23No new or additional evidence shall be admitted or considered.
24The State Commission shall render a decision affirming,
25reversing or modifying the order or action reviewed within 30
26days after the appeal was heard.

 

 

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1    In the event such appeal is from an order of a local liquor
2control commissioner of a city, village or incorporated town
3of 500,000 or more inhabitants, granting or refusing to grant
4a license or refusing for more than 30 days to grant a hearing
5upon a complaint to revoke or suspend a license, the matter of
6the propriety of such order or action shall be tried de novo by
7the license appeal commission as expeditiously as
8circumstances permit.
9    In the event such appeal is from an order or action of a
10local liquor control commissioner of a city, village or
11incorporated town of 500,000 or more inhabitants, imposing a
12fine or refusing to impose a fine on a licensee, revoking or
13suspending or refusing to revoke or suspend a license, the
14license appeal commission shall determine the appeal by a
15review of the official record of the proceedings of such local
16liquor control commissioner. A certified record of the
17proceedings shall be promptly filed with the license appeal
18commission by such local liquor control commissioner after
19notice of the filing of such appeal if the appellant licensee
20pays for the cost of the transcript and promptly delivers the
21transcript to the local liquor control commission or its
22attorney. The review by the license appeal commission shall be
23limited 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.
3No new or additional evidence in support of or in opposition to
4such order or action under appeal shall be received other than
5that contained in such record of the proceedings. Within 30
6days after such appeal was heard, the license appeal
7commission shall render its decision in accordance with the
8provisions of Section 7-5.
9    In cities, villages and incorporated towns having a
10population of 500,000 or more inhabitants, appeals from any
11order or action shall lie to the license appeal commission of
12such city, village or incorporated town. All of the provisions
13of this Section and Section 7-10 relative to proceedings upon
14appeals before the State Commission and relative to appeals
15from the decisions of the State Commission shall apply also to
16proceedings upon appeals before any license appeal commission
17and appeals from the decisions of license appeal commission.
18    In any trial de novo hearing before the State Commission
19or license appeal commission, the local liquor control
20commissioner shall be entitled to 10 days notice and to be
21heard. All such trial de novo hearings shall be open to the
22public and the Illinois Liquor Control Commission and the
23license appeal commission shall reduce all evidence offered
24thereto to writing.
25    If after trial de novo hearing or review as provided
26herein, 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
2improperly issued, denied, revoked, suspended or refused to be
3revoked or suspended or a hearing to revoke or suspend has been
4improperly refused or that the licensee has been improperly
5fined or not fined, it shall enter an order in conformity with
6such findings, which order shall be in writing.
7    A certified copy of the order shall be transmitted to the
8particular local liquor control commissioner and it shall be
9the duty of the local liquor control commissioner to take such
10action as may be necessary to conform with the order.
11    In any trial de novo hearing before the State Commission
12or the license appeal commission, the licensee shall submit to
13examination and produce books and records material to the
14business conducted under the license in like manner as before
15the local liquor control commissioner, and the failure of the
16licensee to submit to such an examination or to produce such
17books and records, or to appear at the hearing on such appeal,
18shall constitute an admission that he has violated the
19provisions of this Act. In the event the appeal is from an
20order of the local liquor control commissioner denying a
21renewal application, the licensee shall have on deposit with
22the local liquor control commissioner an amount sufficient to
23cover the license fee for the renewal period and any bond that
24may 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
2Store 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
5licensed court reporter stenographer to take down the
6testimony and preserve a record of all proceedings at the
7hearing of any case involving the refusal to issue or renew, or
8the suspension or revocation of a license. The notice of
9hearing, complaint and all other documents in the nature of
10pleadings and written motions filed in the proceedings, the
11transcript of testimony, and orders of the Department shall be
12the record of such proceedings. Any interested person may
13purchase a copy of the transcript of the record from the
14licensed court certified shorthand reporter who prepared the
15record.
16    In any case involving the refusal to issue or renew or the
17suspension or revocation of a license, a copy of the
18Department's report shall be served upon the respondent by the
19Department, either personally or by registered or certified
20mail as provided in this Act for the service of the notice of
21hearing. Within 20 days after such service, the respondent may
22present to the Department a motion in writing for a rehearing,
23which written motion shall specify the particular grounds
24therefor. If no motion for rehearing is filed, then upon the
25expiration of the time specified for filing such a motion, or

 

 

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1if a motion for rehearing is denied, then upon such denial, the
2Director may enter an order. If the respondent shall order and
3pay for a transcript of the record within the time for filing a
4motion for rehearing, the 20 day period within which such a
5motion may be filed shall commence upon the delivery of the
6transcript to the respondent.
7(Source: P.A. 81-750.)
 
8    Section 960. The Unified Code of Corrections is amended by
9changing 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
13by the defendant of any civil rights, except under this
14Section and Sections 29-6 and 29-10 of The Election Code, as
15now or hereafter amended.
16    (b) A person convicted of a felony shall be ineligible to
17hold an office created by the Constitution of this State until
18the completion of his sentence.
19    (c) A person sentenced to imprisonment shall lose his
20right to vote until released from imprisonment.
21    (d) On completion of sentence of imprisonment or upon
22discharge from probation, conditional discharge or periodic
23imprisonment, or at any time thereafter, all license rights
24and privileges granted under the authority of this State which

 

 

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1have been revoked or suspended because of conviction of an
2offense shall be restored unless the authority having
3jurisdiction of such license rights finds after investigation
4and hearing that restoration is not in the public interest.
5This paragraph (d) shall not apply to the suspension or
6revocation of a license to operate a motor vehicle under the
7Illinois Vehicle Code.
8    (e) Upon a person's discharge from incarceration or
9parole, or upon a person's discharge from probation or at any
10time thereafter, the committing court may enter an order
11certifying that the sentence has been satisfactorily completed
12when the court believes it would assist in the rehabilitation
13of the person and be consistent with the public welfare. Such
14order may be entered upon the motion of the defendant or the
15State or upon the court's own motion.
16    (f) Upon entry of the order, the court shall issue to the
17person in whose favor the order has been entered a certificate
18stating that his behavior after conviction has warranted the
19issuance of the order.
20    (g) This Section shall not affect the right of a defendant
21to collaterally attack his conviction or to rely on it in bar
22of 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
25shall be denied by reason of an eligible offender who has
26obtained a certificate of relief from disabilities, as defined

 

 

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1in Article 5.5 of this Chapter, having been previously
2convicted of one or more criminal offenses, or by reason of a
3finding of lack of "good moral character" when the finding is
4based upon the fact that the applicant has previously been
5convicted 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
13consider 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
13issued only for a license or certification issued under the
14following 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
8amended 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
11investigate the actions of any person providing, selling, or
12offering pre-need sales contracts or of any applicant or any
13person or persons holding or claiming to hold a license under
14this Act. The Comptroller shall make such an investigation on
15receipt of the verified written complaint of any person
16setting forth facts which, if proved, would constitute grounds
17for refusal, suspension, or revocation of a license. Before
18refusing to issue, and before suspension or revocation of a
19license, the Comptroller shall hold a hearing to determine
20whether the applicant or licensee, hereafter called the
21respondent, is entitled to hold such a license. At least 10
22days prior to the date set for such hearing, the Comptroller
23shall notify the respondent in writing that on the date
24designated a hearing will be held to determine his eligibility

 

 

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1for a license and that he may appear in person or by counsel.
2Such written notice may be served on the respondent
3personally, or by registered or certified mail sent to the
4respondent's business address as shown in his latest
5notification to the Comptroller and shall include sufficient
6information to inform the respondent of the general nature of
7the charge. At the hearing, both the respondent and the
8complainant shall be accorded ample opportunity to present in
9person or by counsel such statements, testimony, evidence and
10argument as may be pertinent to the charges or to any defense
11thereto. The Comptroller may reasonably continue such hearing
12from time to time.
13    The Comptroller may subpoena any person or persons in this
14State and take testimony orally, by deposition or by exhibit,
15in the same manner and with the same fees and mileage as
16prescribed in judicial proceedings in civil cases.
17    Any authorized agent of the Comptroller may administer
18oaths to witnesses at any hearing which the Comptroller is
19authorized to conduct.
20    The Comptroller, at his expense, shall provide a licensed
21court certified shorthand reporter to take down the testimony
22and preserve a record of all proceedings at the hearing of any
23case involving the refusal to issue a license, the suspension
24or revocation of a license, the imposition of a monetary
25penalty, or the referral of a case for criminal prosecution.
26The record of any such proceeding shall consist of the notice

 

 

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1of hearing, complaint, all other documents in the nature of
2pleadings and written motions filed in the proceedings, the
3transcript of testimony and the report and orders of the
4Comptroller. Copies of the transcript of such record may be
5purchased from the licensed court certified shorthand reporter
6who 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
10decision of the Comptroller may have such decision reviewed
11judicially by the circuit court of the county where such
12person resides, or in the case of a corporation, where the
13registered office is located. If the plaintiff in the review
14proceeding is not a resident of this State, venue shall be in
15Sangamon County. The provisions of the "Administrative Review
16Law", approved August 19, 1981, all amendments and
17modifications thereto, and any rules adopted under it govern
18all proceedings for the judicial review of final
19administrative decisions of the Comptroller. The term
20"administrative decision" is defined as in the "Administrative
21Review Law".
22    The Comptroller is not required to certify the record of
23the proceeding unless the plaintiff in the review proceedings
24has purchased a copy of the transcript from the licensed court
25certified shorthand reporter who prepared the record or from

 

 

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1the Comptroller. Exhibits shall be certified without cost.
2(Source: P.A. 84-239.)
 
3    Section 999. Effective date. This Act takes effect January
41, 2023.".