HB2394 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2394

 

Introduced 2/15/2023, by Rep. Marcus C. Evans, Jr.

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Regulatory Sunset Act. Repeals the Illinois Certified Shorthand Reporters Act of 1984 on January 1, 2029 (rather than January 1, 2024). Amends the Illinois Certified Shorthand Reporters Act of 1984. Provides that all applicants and registrants shall: (1) provide a valid address and email address to the Department of Financial and Professional Regulation, which shall serve as the address of record and email address of record, respectively, at the time of application for registration or renewal of a registration; and (2) inform the Department of any change of address of record or email address of record within 14 days after such change either through the Department's website or by contacting the Department's licensure maintenance unit. Provides that every application for an original licensee under this Act shall include the applicant's Social Security Number or individual taxpayer identification number. Provides that the report of findings of fact, conclusions of law, and recommendations of the Board shall be the basis for the Secretary of Financial and Professional Regulation's (rather than the Department's) action regarding a certificate. Provides that within 20 days after service of a notice of report of refusal to issue or renew, the respondent may present to the Secretary (rather than to the Department) a motion in writing for a rehearing. Removes a provision providing that exhibits shall be certified without cost. Repeals a provision concerning a roster. Makes corresponding and other changes. Provisions amending the Regulatory Sunset Act are effective immediately.


LRB103 28365 AMQ 54745 b

 

 

A BILL FOR

 

HB2394LRB103 28365 AMQ 54745 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by
5changing Sections 4.34 and 4.39 as follows:
 
6    (5 ILCS 80/4.34)
7    Sec. 4.34. Acts and Section repealed on January 1, 2024.
8The following Acts and Section of an Act are repealed on
9January 1, 2024:
10        The Crematory Regulation Act.
11        The Electrologist Licensing Act.
12        The Illinois Certified Shorthand Reporters Act of
13    1984.
14        The Illinois Occupational Therapy Practice Act.
15        The Illinois Public Accounting Act.
16        The Private Detective, Private Alarm, Private
17    Security, Fingerprint Vendor, and Locksmith Act of 2004.
18        The Registered Surgical Assistant and Registered
19    Surgical Technologist Title Protection Act.
20        Section 2.5 of the Illinois Plumbing License Law.
21        The Veterinary Medicine and Surgery Practice Act of
22    2004.
23(Source: P.A. 102-291, eff. 8-6-21.)
 

 

 

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1    (5 ILCS 80/4.39)
2    Sec. 4.39. Acts repealed on January 1, 2029 and December
331, 2029.
4    (a) The following Act is repealed on January 1, 2029:
5        The Environmental Health Practitioner Licensing Act.
6        The Illinois Certified Shorthand Reporters Act of
7    1984.
8    (b) The following Act is repealed on December 31, 2029:
9        The Structural Pest Control Act.
10(Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18;
11101-81, eff. 7-12-19.)
 
12    Section 10. The Illinois Certified Shorthand Reporters Act
13of 1984 is amended by changing Sections 4, 5, 6, 8, 10, 12.1,
1414, 15, 16, 17, 19, 23, 23.1, 23.2, 23.4, 23.6, 23.7, 23.9,
1523.15, 24, 26, and 26.1 and by adding Section 4.1 as follows:
 
16    (225 ILCS 415/4)  (from Ch. 111, par. 6204)
17    (Section scheduled to be repealed on January 1, 2024)
18    Sec. 4. In this Act:
19    (1) "Department" means the Department of Financial and
20Professional Regulation.
21    (2) "Secretary" means the Secretary of Financial and
22Professional Regulation.
23    (3) "Board" means the Certified Shorthand Reporters Board

 

 

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1appointed by the Secretary.
2    (4) "The practice of shorthand reporting" means reporting,
3by the use of any system of manual or mechanical shorthand
4writing, of Grand Jury proceedings, court proceedings, court
5related proceedings, pretrial examinations, depositions,
6motions and related proceedings of like character, or
7proceedings of an administrative agency when the final
8decision of the agency with reference thereto is likely to be
9subject to judicial review under the provisions of the
10Administrative Review Law.
11    (5) "Shorthand reporter" means a person who is technically
12qualified and certified under this Act to practice shorthand
13reporting.
14    (6) "Stenographic notes" means the original notes by
15manual or mechanical shorthand or shorthand writing taken by a
16shorthand reporter of a proceeding while in attendance at such
17proceeding for the purpose of reporting the same.
18    (7) "Address of record" means the designated address
19recorded by the Department in the applicant's or licensee's
20application file or license file as maintained by the
21Department's licensure maintenance unit. It is the duty of the
22applicant or licensee to inform the Department of any change
23of address and those changes must be made either through the
24Department's Internet website or by contacting the Department.
25    (8) "Email address of record" means the designated email
26address recorded by the Department in the applicant's

 

 

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1application file or the licensee's license file, as maintained
2by the Department's licensure maintenance unit.
3(Source: P.A. 98-445, eff. 12-31-13.)
 
4    (225 ILCS 415/4.1 new)
5    Sec. 4.1. Address of record; email address of record.
6    All applicants and registrants shall:
7        (1) provide a valid address and email address to the
8    Department, which shall serve as the address of record and
9    email address of record, respectively, at the time of
10    application for licensure or renewal of a license; and
11        (2) inform the Department of any change of address of
12    record or email address of record within 14 days after
13    such change either through the Department's website or by
14    contacting the Department's licensure maintenance unit.
 
15    (225 ILCS 415/5)  (from Ch. 111, par. 6205)
16    (Section scheduled to be repealed on January 1, 2024)
17    Sec. 5. Title. Every person to whom a valid existing
18certificate as a certified shorthand reporter has been issued
19under this Act shall be designated as a Certified Shorthand
20Reporter and not otherwise, and any such certified shorthand
21reporter may, in connection with the reporter's his or her
22practice of shorthand reporting, use the abbreviation "C.S.R."
23or the title "Court Reporter". No person other than the holder
24of a valid existing certificate under this Act shall use the

 

 

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1title or designation of "Certified Shorthand Reporter", "Court
2Reporter", or "C.S.R.", either directly or indirectly in
3connection with that person's his or her profession or
4business.
5(Source: P.A. 90-49, eff. 7-3-97.)
 
6    (225 ILCS 415/6)  (from Ch. 111, par. 6206)
7    (Section scheduled to be repealed on January 1, 2024)
8    Sec. 6. Restricted certificate. Upon receipt of a written
9request from the Chief Judge of the reporter's circuit, the
10Department shall, upon payment of the required fee, issue to
11any reporter who has been appointed in counties of less than
121,000,000 in population, has been examined under the Court
13Reporters Act, and has achieved an "A" proficiency rating, a
14restricted certificate by which such official court reporter
15may then lawfully engage in reporting only court proceedings
16to which he may be assigned by the Chief Judge of the
17reporter's his circuit may assign.
18(Source: P.A. 98-445, eff. 12-31-13.)
 
19    (225 ILCS 415/8)  (from Ch. 111, par. 6208)
20    (Section scheduled to be repealed on January 1, 2024)
21    Sec. 8. Certified Shorthand Reporters Board. The Secretary
22shall appoint a Certified Shorthand Reporters Board as
23follows: 7 persons who shall be appointed by and shall serve in
24an advisory capacity to the Secretary. Six members must be

 

 

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1certified shorthand reporters, in good standing, and actively
2engaged in the practice of shorthand reporting in this State
3for ten years, and one member must be a member of the public
4who is not certified under this Act, or a similar Act of
5another jurisdiction.
6    Members shall serve 4 year terms and until the member's
7their successors are appointed and qualified. No member shall
8be reappointed to the Board for a term that would cause the
9member's his continuous service on the Board to be longer than
102 full consecutive terms. Appointments to fill vacancies shall
11be made in the same manner as original appointments, for the
12unexpired portion of the vacated term.
13    In making appointments to the Board, the Secretary shall
14give consideration to recommendations by national and State
15organizations of the shorthand reporter profession.
16    Four members of the Board shall constitute a quorum. A
17quorum is required for all Board decisions.
18    The Secretary may remove or suspend any member of the
19Board for cause at any time before the expiration of the
20member's his or her term. The Secretary shall be the sole
21arbiter of cause.
22    The Secretary shall consider the recommendations of the
23Board on questions involving standards of professional
24conduct, discipline and qualifications of candidates and
25certificate holders under this Act.
26    Members of the Board shall be reimbursed for all

 

 

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1legitimate, necessary, and authorized expenses incurred in
2attending the meetings of the Board.
3    Members of the Board have no liability in any action based
4upon any disciplinary proceedings or other activity performed
5in good faith as members of the Board.
6(Source: P.A. 98-445, eff. 12-31-13.)
 
7    (225 ILCS 415/10)  (from Ch. 111, par. 6210)
8    (Section scheduled to be repealed on January 1, 2024)
9    Sec. 10. The Department shall authorize examinations at
10such time and place as it may designate. The examination shall
11be of a character to give a fair test of the qualifications of
12the applicant to practice shorthand reporting.
13    Applicants for examination as certified shorthand
14reporters shall be required to pay, either to the Department
15or the designated testing service, a fee covering the cost of
16providing the examination. Failure to appear for the
17examination on the scheduled date, at the time and place
18specified, after the applicant's application for examination
19has been received and acknowledged by the Department or the
20designated testing service, shall result in the forfeiture of
21the examination fee.
22    If an applicant neglects, fails or refuses to take the
23next available examination offered or fails to pass an
24examination for certification under this Act, the application
25shall be denied. If an applicant for examination for

 

 

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1certification under this Act fails to pass the examination
2within 3 years after filing an his application, the
3application shall be denied. However, such applicant may
4thereafter make a new application accompanied by the required
5fee.
6    The Department may employ consultants for the purpose of
7preparing and conducting examinations.
8    An applicant has one year from the date of notification of
9successful completion of the examination to apply to the
10Department for a license. If an applicant fails to apply
11within one year, the applicant shall be required to take and
12pass the examination again unless licensed in another
13jurisdiction of the United States within one year of passing
14the examination.
15(Source: P.A. 98-445, eff. 12-31-13.)
 
16    (225 ILCS 415/12.1)
17    (Section scheduled to be repealed on January 1, 2024)
18    Sec. 12.1. Social Security Number or federal individual
19taxpayer identification number on license application. In
20addition to any other information required to be contained in
21the application, every application for an original license
22under this Act shall include the applicant's Social Security
23Number or federal individual taxpayer identification number,
24which shall be retained in the Department's records pertaining
25to the license. As soon as practicable, the Department shall

 

 

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1assign a customer's identification number to each applicant
2for a license. Every application for a renewal or restored
3license shall require the applicant's customer identification
4number.
5(Source: P.A. 98-445, eff. 12-31-13.)
 
6    (225 ILCS 415/14)  (from Ch. 111, par. 6214)
7    (Section scheduled to be repealed on January 1, 2024)
8    Sec. 14. Expiration, renewal, and military service. The
9expiration date and renewal period for each certificate issued
10under this Act shall be set by rule.
11    Any certified shorthand reporter who has permitted the
12reporter's his certificate to expire or who has had the
13reporter's his certificate on inactive status may have the his
14certificate restored by making application to the Department,
15filing proof acceptable to the Department of the reporter's
16his fitness to have the his certificate restored and paying
17the required restoration fee. The Department may consider a
18certificate expired less than 5 years as prima facie evidence
19that the applicant is fit. If a certificate has expired or has
20been placed on inactive status and the applicant has practiced
21in another jurisdiction during such period, satisfactory proof
22of fitness may include sworn evidence certifying to active
23practice in another jurisdiction.
24    If the certified shorthand reporter has not maintained an
25active practice in another jurisdiction satisfactory to the

 

 

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1Department, the Department shall determine, by an evaluation
2program established by rule, the reporter's his fitness to
3resume active status and shall, by rule, establish procedures
4and requirements for restoration.
5    However, any certified shorthand reporter whose
6certificate expired while he was (1) in Federal Service on
7active duty with the Armed Forces of the United States, while
8or the State Militia called into service or training in the
9State Militia, or while (2) in training or education under the
10supervision of the United States preliminary to induction into
11the military service, may have the his certificate renewed or
12restored without paying any lapsed renewal fees if, within 2
13years after termination of such service, training or education
14except under conditions other than honorable, the Department
15is furnished with satisfactory evidence to the effect that the
16certificate holder has been so engaged and that the service,
17training, or education has been terminated he furnished the
18Department with satisfactory evidence to the effect that he
19has been so engaged and that his service, training or
20education has been so terminated.
21(Source: P.A. 98-445, eff. 12-31-13.)
 
22    (225 ILCS 415/15)  (from Ch. 111, par. 6215)
23    (Section scheduled to be repealed on January 1, 2024)
24    Sec. 15. Inactive status. Any certified shorthand reporter
25who notifies the Department in writing on forms prescribed by

 

 

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1the Department, may elect to place the reporter's his
2certificate on an inactive status and shall, subject to rules
3of the Department, be excused from payment of renewal fees
4until he notifies the Department has been notified in writing
5of the certificate holder's his desire to resume active
6status.
7    Any certified shorthand reporter requesting restoration
8from inactive status shall be required to pay the current
9renewal fee and shall be required to restore the reporter's
10his certificate, as provided in Section 14.
11    Any certified shorthand reporter whose certificate is in
12an inactive status shall not practice shorthand reporting in
13the State of Illinois.
14(Source: P.A. 98-445, eff. 12-31-13.)
 
15    (225 ILCS 415/16)  (from Ch. 111, par. 6216)
16    (Section scheduled to be repealed on January 1, 2024)
17    Sec. 16. Endorsement; licensure without examination. The
18Department may certify as a certified shorthand reporter,
19without examination, on payment of the required fee, an
20applicant who is a certified shorthand reporter registered
21under the laws of another jurisdiction, if the requirements
22for certification of certified shorthand reporters in that
23jurisdiction were, at the date of his certification,
24substantially equivalent to the requirements in force in this
25State on that date.

 

 

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1    Applicants have 3 years from the date of application to
2complete the application process. If the process has not been
3completed in 3 years, the application shall be denied, the fee
4forfeited and the applicant must reapply and meet the
5requirements in effect at the time of reapplication.
6(Source: P.A. 98-445, eff. 12-31-13.)
 
7    (225 ILCS 415/17)  (from Ch. 111, par. 6217)
8    (Section scheduled to be repealed on January 1, 2024)
9    Sec. 17. Fees; returned checks.
10    (a) The fees for the administration and enforcement of
11this Act, including but not limited to, original
12certification, renewal and restoration of a license issued
13under this Act, shall be set by rule. The fees shall be
14nonrefundable.
15    (b) All fees, fines, and penalties collected under this
16Act shall be deposited into the General Professions Dedicated
17Fund and shall be appropriated to the Department for the
18ordinary and contingent expenses of the Department in the
19administration of this Act.
20    (c) Any person who delivers a check or other payment to the
21Department that is returned to the Department unpaid by the
22financial institution upon which it is drawn shall pay to the
23Department, in addition to the amount already owed to the
24Department, a fine of $50. The fines imposed by this Section
25are in addition to any other discipline provided under this

 

 

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1Act prohibiting unlicensed practice or practice on a
2nonrenewed license. The Department shall notify the person
3that payment of fees and fines shall be paid to the Department
4by certified check or money order within 30 calendar days of
5the notification. If, after the expiration of 30 days from the
6date of the notification, the person has failed to submit the
7necessary remittance, the Department shall automatically
8terminate the license or certificate or deny the application,
9without hearing. If, after termination or denial, the person
10seeks a license or certificate, the person he or she shall
11apply to the Department for restoration or issuance of the
12license or certificate and pay all fees and fines due to the
13Department. The Department may establish a fee for the
14processing of an application for restoration of a license or
15certificate to pay all expenses of processing this
16application. The Secretary may waive the fines due under this
17Section in individual cases where the Secretary finds that the
18fines would be unreasonable or unnecessarily burdensome.
19(Source: P.A. 98-445, eff. 12-31-13.)
 
20    (225 ILCS 415/19)  (from Ch. 111, par. 6219)
21    (Section scheduled to be repealed on January 1, 2024)
22    Sec. 19. Advertising. Any person certified under this Act
23may advertise the availability of professional services in the
24public media or on the premises where such professional
25services are rendered as permitted by law, on the condition

 

 

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1that such advertising is truthful and not misleading and is in
2conformity with rules promulgated by the Department.
3Advertisements shall not include false, fraudulent, deceptive,
4or misleading material or guarantees of success.
5Advertisements shall also not include any offers of any gift
6or item of value to attorneys or the attorneys' their staff or
7any other persons or entities associated with any litigation.
8(Source: P.A. 98-445, eff. 12-31-13.)
 
9    (225 ILCS 415/23)  (from Ch. 111, par. 6223)
10    (Section scheduled to be repealed on January 1, 2024)
11    Sec. 23. Grounds for disciplinary action.
12    (a) The Department may refuse to issue or renew, or may
13revoke, suspend, place on probation, reprimand or take other
14disciplinary or non-disciplinary action as the Department may
15deem appropriate, including imposing fines not to exceed
16$10,000 for each violation and the assessment of costs as
17provided for in Section 23.3 of this Act, with regard to any
18license for any one or combination of the following:
19        (1) Material misstatement in furnishing information to
20    the Department;
21        (2) Violations of this Act, or of the rules
22    promulgated thereunder;
23        (3) Conviction by plea of guilty or nolo contendere,
24    finding of guilt, jury verdict, or entry of judgment or by
25    sentencing of any crime, including, but not limited to,

 

 

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1    convictions, preceding sentences of supervision,
2    conditional discharge, or first offender probation under
3    the laws of any jurisdiction of the United States: (i)
4    that is a felony or (ii) that is a misdemeanor, an
5    essential element of which is dishonesty, or that is
6    directly related to the practice of the profession;
7        (4) Fraud or any misrepresentation in applying for or
8    procuring a license under this Act or in connection with
9    applying for renewal of a license under this Act;
10        (5) Professional incompetence;
11        (6) Aiding or assisting another person, firm,
12    partnership or corporation in violating any provision of
13    this Act or rules;
14        (7) Failing, within 60 days, to provide information in
15    response to a written request made by the Department;
16        (8) Engaging in dishonorable, unethical or
17    unprofessional conduct of a character likely to deceive,
18    defraud or harm the public;
19        (9) Habitual or excessive use or abuse of drugs
20    defined in law as controlled substances, alcohol, or any
21    other substances that results in the inability to practice
22    with reasonable judgment, skill, or safety;
23        (10) Discipline by another state, unit of government,
24    government agency, the District of Columbia, a territory,
25    or foreign nation, if at least one of the grounds for the
26    discipline is the same or substantially equivalent to

 

 

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1    those set forth herein;
2        (11) Charging for professional services not rendered,
3    including filing false statements for the collection of
4    fees for which services were not rendered, or giving,
5    directly or indirectly, any gift or anything of value to
6    attorneys or the attorneys' their staff or any other
7    persons or entities associated with any litigation, that
8    exceeds $100 total per year; for the purposes of this
9    Section, pro bono services, as defined by State law, are
10    permissible in any amount;
11        (12) A finding by the Board that the certificate
12    holder, after having the his certificate placed on
13    probationary status, has violated the terms of probation;
14        (13) Willfully making or filing false records or
15    reports in the practice of shorthand reporting, including
16    but not limited to false records filed with State agencies
17    or departments;
18        (14) Physical illness, including but not limited to,
19    deterioration through the aging process, or loss of motor
20    skill which results in the inability to practice under
21    this Act with reasonable judgment, skill or safety;
22        (15) Solicitation of professional services other than
23    by permitted advertising;
24        (16) Willful failure to take full and accurate
25    stenographic notes of any proceeding;
26        (17) Willful alteration of any stenographic notes

 

 

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1    taken at any proceeding;
2        (18) Willful failure to accurately transcribe verbatim
3    any stenographic notes taken at any proceeding;
4        (19) Willful alteration of a transcript of
5    stenographic notes taken at any proceeding;
6        (20) Affixing one's signature to any transcript of his
7    stenographic notes or certifying to its correctness unless
8    the transcript has been prepared by the stenographer him
9    or under the stenographer's his immediate supervision;
10        (21) Willful failure to systematically retain
11    stenographic notes or transcripts on paper or any
12    electronic media for 10 years from the date that the notes
13    or transcripts were taken;
14        (22) Failure to deliver transcripts in a timely manner
15    or in accordance with contractual agreements;
16        (23) Establishing contingent fees as a basis of
17    compensation;
18        (24) Mental illness or disability that results in the
19    inability to practice under this Act with reasonable
20    judgment, skill, or safety;
21        (25) Practicing under a false or assumed name, except
22    as provided by law;
23        (26) Cheating on or attempting to subvert the
24    licensing examination administered under this Act;
25        (27) Allowing one's license under this Act to be used
26    by an unlicensed person in violation of this Act.

 

 

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1    All fines imposed under this Section shall be paid within
260 days after the effective date of the order imposing the fine
3or in accordance with the terms set forth in the order imposing
4the fine.
5    (b) The determination by a circuit court that a
6certificate holder is subject to involuntary admission or
7judicial admission as provided in the Mental Health and
8Developmental Disabilities Code, operates as an automatic
9suspension. Such suspension will end only upon a finding by a
10court that the patient is no longer subject to involuntary
11admission or judicial admission, an order by the court so
12finding and discharging the patient. In any case where a
13license is suspended under this Section, the licensee may file
14a petition for restoration and shall include evidence
15acceptable to the Department that the licensee can resume
16practice in compliance with acceptable and prevailing
17standards of the profession.
18    (c) In cases where the Department of Healthcare and Family
19Services has previously determined a licensee or a potential
20licensee is more than 30 days delinquent in the payment of
21child support and has subsequently certified the delinquency
22to the Department, the Department may refuse to issue or renew
23or may revoke or suspend that person's license or may take
24other disciplinary action against that person based solely
25upon the certification of delinquency made by the Department
26of Healthcare and Family Services in accordance with item (5)

 

 

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1of subsection (a) of Section 2105-15 of the Civil
2Administrative Code of Illinois.
3    (d) In enforcing this Section, the Department, upon a
4showing of a possible violation, may compel any individual who
5is certified under this Act or any individual who has applied
6for certification under this Act to submit to a mental or
7physical examination and evaluation, or both, which may
8include a substance abuse or sexual offender evaluation, at
9the expense of the Department. The Department shall
10specifically designate the examining physician licensed to
11practice medicine in all of its branches or, if applicable,
12the multidisciplinary team involved in providing the mental or
13physical examination and evaluation, or both. The
14multidisciplinary team shall be led by a physician licensed to
15practice medicine in all of its branches and may consist of one
16or more or a combination of physicians licensed to practice
17medicine in all of its branches, licensed chiropractic
18physicians, licensed clinical psychologists, licensed clinical
19social workers, licensed clinical professional counselors, and
20other professional and administrative staff. Any examining
21physician or member of the multidisciplinary team may require
22any person ordered to submit to an examination and evaluation
23pursuant to this Section to submit to any additional
24supplemental testing deemed necessary to complete any
25examination or evaluation process, including, but not limited
26to, blood testing, urinalysis, psychological testing, or

 

 

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1neuropsychological testing.
2    The Department may order the examining physician or any
3member of the multidisciplinary team to provide to the
4Department any and all records, including business records,
5that relate to the examination and evaluation, including any
6supplemental testing performed. The Department may order the
7examining physician or any member of the multidisciplinary
8team to present testimony concerning this examination and
9evaluation of the certified shorthand reporter or applicant,
10including testimony concerning any supplemental testing or
11documents relating to the examination and evaluation. No
12information, report, record, or other documents in any way
13related to the examination and evaluation shall be excluded by
14reason of any common law or statutory privilege relating to
15communication between the licensee or applicant and the
16examining physician or any member of the multidisciplinary
17team. No authorization is necessary from the certified
18shorthand reporter or applicant ordered to undergo an
19evaluation and examination for the examining physician or any
20member of the multidisciplinary team to provide information,
21reports, records, or other documents or to provide any
22testimony regarding the examination and evaluation. The
23individual to be examined may have, at that individual's his
24or her own expense, another physician of the individual's his
25or her choice present during all aspects of the examination.
26    Failure of any individual to submit to mental or physical

 

 

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1examination and evaluation, or both, when directed, shall
2result in an automatic suspension, without hearing, until such
3time as the individual submits to the examination. If the
4Department finds a certified shorthand reporter unable to
5practice because of the reasons set forth in this Section, the
6Department shall require the certified shorthand reporter to
7submit to care, counseling, or treatment by physicians
8approved or designated by the Department, as a condition for
9continued, reinstated, or renewed certification.
10    When the Secretary immediately suspends a certificate
11under this Section, a hearing upon the person's certificate
12must be convened by the Department within 15 days after the
13suspension and completed without appreciable delay. The
14Department shall have the authority to review the certified
15shorthand reporter's record of treatment and counseling
16regarding the impairment, to the extent permitted by
17applicable federal statutes and regulations safeguarding the
18confidentiality of medical records.
19    Individuals certified under this Act, affected under this
20Section, shall be afforded an opportunity to demonstrate to
21the Department that they can resume practice in compliance
22with acceptable and prevailing standards under the provisions
23of the individual's their certification.
24    (e) (Blank).
25    (f) The Department may refuse to issue or may suspend
26without hearing, as provided for in the Code of Civil

 

 

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1Procedure, the license of any person who fails to file a
2return, to pay the tax, penalty, or interest shown in a filed
3return, or to pay any final assessment of tax, penalty, or
4interest as required by any tax Act administered by the
5Illinois Department of Revenue, until such time as the
6requirements of any such tax Act are satisfied in accordance
7with subsection (g) of Section 2105-15 of the Civil
8Administrative Code of Illinois.
9(Source: P.A. 100-872, eff. 8-14-18.)
 
10    (225 ILCS 415/23.1)  (from Ch. 111, par. 6224)
11    (Section scheduled to be repealed on January 1, 2024)
12    Sec. 23.1. Injunctive actions; order to cease and desist.
13    (a) If any person violates the provisions of this Act, the
14Secretary may, in the name of the People of the State of
15Illinois, through the Attorney General of the State of
16Illinois or the State's Attorney of the county in which the
17violation is alleged to have occurred, petition for an order
18enjoining such violation or for an order enforcing compliance
19with this Act. Upon the filing of a verified petition in such
20court, the court may issue a temporary restraining order,
21without notice or bond, and may preliminarily and permanently
22enjoin such violation. If it is established that such person
23has violated or is violating the injunction, the court may
24punish the offender for contempt of court. Proceedings under
25this Section shall be in addition to, and not in lieu of, all

 

 

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1other remedies and penalties provided by this Act.
2    (b) If any person practices as a certified shorthand
3reporter or holds oneself himself or herself out as a
4certified shorthand reporter without being licensed under the
5provisions of this Act then any certified shorthand reporter,
6any interested party or any person injured thereby may, in
7addition to the Secretary, petition for relief as provided in
8subsection (a).
9    (c) Whenever in the opinion of the Department any person
10violates any provision of this Act, the Department may issue a
11rule to show cause why an order to cease and desist should not
12be entered against that individual. The rule shall clearly set
13forth the grounds relied upon by the Department and shall
14provide a period of 7 days from the date of the rule to file an
15answer to the satisfaction of the Department. Failure to
16answer to the satisfaction of the Department shall cause an
17order to cease and desist to be issued forthwith.
18(Source: P.A. 98-445, eff. 12-31-13.)
 
19    (225 ILCS 415/23.2)  (from Ch. 111, par. 6225)
20    (Section scheduled to be repealed on January 1, 2024)
21    Sec. 23.2. Investigations; notice and hearing. The
22Department may investigate the actions of any applicant or of
23any person or persons holding or claiming to hold a
24certificate. The Department shall, before refusing to issue or
25renew, or taking disciplinary action against, a certificate,

 

 

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1at least 30 days prior to the date set for the hearing, notify
2in writing the applicant for, or holder of, a certificate of
3the nature of the charges and the time and place for a hearing
4on the charges. The Department shall direct the applicant or
5licensee to file a written answer to the charges with the Board
6under oath within 20 days after the service of the notice and
7inform the applicant or licensee that failure to file an
8answer will result in default being taken against the
9applicant or licensee. At the time and place fixed in the
10notice, the Department shall proceed to hear the charges and
11the parties or the parties' their counsel shall be accorded
12ample opportunity to present any pertinent statements,
13testimony, evidence, and arguments. The Department may
14continue the hearing from time to time. In case the person,
15after receiving the notice, fails to file an answer, the his or
16her license may, in the discretion of the Department, be
17revoked, suspended, or placed on probationary status or the
18Department may take whatever disciplinary action considered
19proper, including limiting the scope, nature, or extent of the
20person's practice or the imposition of a fine, without a
21hearing, if the act or acts charged constitute sufficient
22grounds for that action under this Act. The written notice and
23any notice in the subsequent proceeding may be served by
24regular registered or certified mail to the licensee's address
25of record or by electronic mail to the licensee's email
26address of record.

 

 

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1(Source: P.A. 98-445, eff. 12-31-13.)
 
2    (225 ILCS 415/23.4)  (from Ch. 111, par. 6227)
3    (Section scheduled to be repealed on January 1, 2024)
4    Sec. 23.4. Subpoenas; oaths. The Department may subpoena
5and bring before it any person and to take the oral or written
6testimony or compel the production of any books, papers,
7records, or any other documents that the Secretary or the
8Secretary's his or her designee deems relevant or material to
9an investigation or hearing conducted by the Department with
10the same fees and mileage and in the same manner as prescribed
11by law 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 certified shorthand court reporter may have
15power to administer oaths at any hearing which the Department
16conducts. Notwithstanding any other statute or Department rule
17to the contrary, all requests for testimony and production of
18documents or records shall be in accordance with this Act.
19(Source: P.A. 98-445, eff. 12-31-13.)
 
20    (225 ILCS 415/23.6)  (from Ch. 111, par. 6229)
21    (Section scheduled to be repealed on January 1, 2024)
22    Sec. 23.6. Board report. At the conclusion of the hearing
23the Board shall present to the Secretary a written report of
24its findings of fact, conclusions of law and recommendations.

 

 

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1The report shall contain a finding whether or not the accused
2person violated this Act or failed to comply with the
3conditions required in this Act. The Board shall specify the
4nature of the violation or failure to comply, and shall make
5its recommendations to the Secretary. The report of findings
6of fact, conclusions of law, and recommendations of the Board
7shall be the basis for the Secretary's Department's action
8regarding a certificate. If the Secretary disagrees in any
9regard with the report of the Board he may issue an order in
10contravention thereof. The finding is not admissible in
11evidence against the person in a criminal prosecution brought
12for the violation of this Act, but the hearing and findings are
13not a bar to a criminal prosecution brought for the violation
14of this Act.
15(Source: P.A. 98-445, eff. 12-31-13.)
 
16    (225 ILCS 415/23.7)  (from Ch. 111, par. 6230)
17    (Section scheduled to be repealed on January 1, 2024)
18    Sec. 23.7. Motion for rehearing. In any hearing involving
19the refusal to issue or renew, or the taking of disciplinary
20action against, a certificate, a copy of the Board's report
21shall be served upon the respondent by the Department as
22provided in this Act for the service of the notice of hearing.
23Within 20 days after such service, the respondent may present
24to the Secretary Department a motion in writing for a
25rehearing, which motion shall specify the particular grounds

 

 

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1therefor. If no motion for rehearing is filed, then upon the
2expiration of the time specified for filing such a motion, or
3if a motion for rehearing is denied, then upon such denial the
4Secretary may enter an order in accordance with
5recommendations of the Board except as provided in Section
623.6. If the respondent shall order from the reporting
7service, and pay for a transcript of the record within the time
8for filing a motion for rehearing, the 20 day period within
9which such a motion may be filed shall commence upon the
10delivery of the transcript to the respondent.
11(Source: P.A. 98-445, eff. 12-31-13.)
 
12    (225 ILCS 415/23.9)  (from Ch. 111, par. 6232)
13    (Section scheduled to be repealed on January 1, 2024)
14    Sec. 23.9. Hearing officers, reports, and review. The
15Secretary shall have the authority to appoint any attorney
16duly licensed to practice law in the State of Illinois to serve
17as the hearing officer in any action involving a refusal to
18issue or renew, or the taking of disciplinary action against a
19certificate. The hearing officer shall have full authority to
20conduct the hearing. The hearing officer shall report the
21hearing officer's his or her findings of fact, conclusions of
22law, and recommendations to the Board and the Secretary. The
23Board shall have 60 days from receipt of the report to review
24the report of the hearing officer and present the Board's
25their findings of fact, conclusions of law, and

 

 

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1recommendations to the Secretary. If the Board fails to
2present its report within the 60 day period, the Secretary may
3issue an order based on the report of the hearing officer. If
4the Secretary disagrees with the report of the Board or
5hearing officer, he may issue an order in contravention
6thereof.
7(Source: P.A. 98-445, eff. 12-31-13.)
 
8    (225 ILCS 415/23.15)  (from Ch. 111, par. 6238)
9    (Section scheduled to be repealed on January 1, 2024)
10    Sec. 23.15. Certification of record; receipt. The
11Department shall not be required to certify any record to the
12court or file any answer in court or otherwise appear in any
13court in a judicial review proceeding, unless and until the
14Department has received from the plaintiff payment of the
15costs of furnishing and certifying the record, which costs
16shall be determined by the Department. Exhibits shall be
17certified without cost. Failure on the part of the plaintiff
18to file a receipt in court shall be grounds for dismissal of
19the action.
20(Source: P.A. 98-445, eff. 12-31-13.)
 
21    (225 ILCS 415/24)  (from Ch. 111, par. 6240)
22    (Section scheduled to be repealed on January 1, 2024)
23    Sec. 24. Administrative Procedure Act. The Illinois
24Administrative Procedure Act is hereby expressly adopted and

 

 

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1incorporated herein as if all of the provisions of that Act
2were included in this Act, except that the provision of
3subsection (d) of Section 10-65 of the Illinois Administrative
4Procedure Act that provides that at hearings the certificate
5holder has the right to show compliance with all lawful
6requirements for retention, continuation or renewal of
7certification is specifically excluded. For the purpose of
8this Act the notice required under Section 10-25 of the
9Illinois Administrative Procedure Act is deemed sufficient
10when mailed to the last known address of record or email
11address of record.
12(Source: P.A. 98-445, eff. 12-31-13.)
 
13    (225 ILCS 415/26)  (from Ch. 111, par. 6242)
14    (Section scheduled to be repealed on January 1, 2024)
15    Sec. 26. Every shorthand reporter shall print the
16reporter's his or her name and license or restricted license
17number on each transcript reported.
18(Source: P.A. 87-481; 87-576.)
 
19    (225 ILCS 415/26.1)
20    (Section scheduled to be repealed on January 1, 2024)
21    Sec. 26.1. Responsibility for notes. It is the licensee's
22responsibility to preserve the licensee's his or her shorthand
23notes for a period of no less than 10 years from the date that
24the notes or transcripts were taken, except as otherwise

 

 

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1prescribed by law, through storage of the original paper notes
2or an electronic copy of either the shorthand notes or the
3English transcript of the notes on computer disks, cassettes,
4backup tape systems, optical or laser disk systems, or other
5retrieval systems available at the time that the notes or
6transcripts were taken.
7(Source: P.A. 98-445, eff. 12-31-13.)
 
8    (225 ILCS 415/18 rep.)
9    Section 15. The Illinois Certified Shorthand Reporters Act
10of 1984 is amended by repealing Section 18.
 
11    Section 99. Effective date. This Section and Section 5
12take effect upon becoming law.

 

 

HB2394- 31 -LRB103 28365 AMQ 54745 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.34
4    5 ILCS 80/4.39
5    225 ILCS 415/4from Ch. 111, par. 6204
6    225 ILCS 415/4.1 new
7    225 ILCS 415/5from Ch. 111, par. 6205
8    225 ILCS 415/6from Ch. 111, par. 6206
9    225 ILCS 415/8from Ch. 111, par. 6208
10    225 ILCS 415/10from Ch. 111, par. 6210
11    225 ILCS 415/12.1
12    225 ILCS 415/14from Ch. 111, par. 6214
13    225 ILCS 415/15from Ch. 111, par. 6215
14    225 ILCS 415/16from Ch. 111, par. 6216
15    225 ILCS 415/17from Ch. 111, par. 6217
16    225 ILCS 415/19from Ch. 111, par. 6219
17    225 ILCS 415/23from Ch. 111, par. 6223
18    225 ILCS 415/23.1from Ch. 111, par. 6224
19    225 ILCS 415/23.2from Ch. 111, par. 6225
20    225 ILCS 415/23.4from Ch. 111, par. 6227
21    225 ILCS 415/23.6from Ch. 111, par. 6229
22    225 ILCS 415/23.7from Ch. 111, par. 6230
23    225 ILCS 415/23.9from Ch. 111, par. 6232
24    225 ILCS 415/23.15from Ch. 111, par. 6238
25    225 ILCS 415/24from Ch. 111, par. 6240

 

 

HB2394- 32 -LRB103 28365 AMQ 54745 b

1    225 ILCS 415/26from Ch. 111, par. 6242
2    225 ILCS 415/26.1
3    225 ILCS 415/18 rep.