HB2394eng 103RD GENERAL ASSEMBLY

  
  
  

 


 
HB2394 EngrossedLRB103 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 Acts and Section repealed on January 1, 2024.
8The following Acts and Section of an Act are repealed on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 Acts repealed on January 1, 2029 and December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4    (a) The following Act is repealed on January 1, 2029: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8    (b) The following Act is repealed on December 31, 2029: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17    (Section scheduled to be repealed on January 1, 2024)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 individual taxpayer
19identification number on license application. In addition to
20any other information required to be contained in the
21application, every application for an original license under
22this Act shall include the applicant's Social Security Number
23or individual taxpayer identification number, which shall be
24retained in the Department's records pertaining to the
25license. As soon as practicable, the Department shall assign a

 

 

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6    (Section scheduled to be repealed on January 1, 2024)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

 

 

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

 

 

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

 

 

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

 

 

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1nonrenewed license. The Department shall notify the person
2that payment of fees and fines shall be paid to the Department
3by certified check or money order within 30 calendar days of
4the notification. If, after the expiration of 30 days from the
5date of the notification, the person has failed to submit the
6necessary remittance, the Department shall automatically
7terminate the license or certificate or deny the application,
8without hearing. If, after termination or denial, the person
9seeks a license or certificate, the person he or she shall
10apply to the Department for restoration or issuance of the
11license or certificate and pay all fees and fines due to the
12Department. The Department may establish a fee for the
13processing of an application for restoration of a license or
14certificate to pay all expenses of processing this
15application. The Secretary may waive the fines due under this
16Section in individual cases where the Secretary finds that the
17fines would be unreasonable or unnecessarily burdensome.
18(Source: P.A. 98-445, eff. 12-31-13.)
 
19    (225 ILCS 415/19)  (from Ch. 111, par. 6219)
20    (Section scheduled to be repealed on January 1, 2024)
21    Sec. 19. Advertising. Any person certified under this Act
22may advertise the availability of professional services in the
23public media or on the premises where such professional
24services are rendered as permitted by law, on the condition
25that such advertising is truthful and not misleading and is in

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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160 days after the effective date of the order imposing the fine
2or in accordance with the terms set forth in the order imposing
3the fine.
4    (b) The determination by a circuit court that a
5certificate holder is subject to involuntary admission or
6judicial admission as provided in the Mental Health and
7Developmental Disabilities Code, operates as an automatic
8suspension. Such suspension will end only upon a finding by a
9court that the patient is no longer subject to involuntary
10admission or judicial admission, an order by the court so
11finding and discharging the patient. In any case where a
12license is suspended under this Section, the licensee may file
13a petition for restoration and shall include evidence
14acceptable to the Department that the licensee can resume
15practice in compliance with acceptable and prevailing
16standards of the profession.
17    (c) In cases where the Department of Healthcare and Family
18Services has previously determined a licensee or a potential
19licensee is more than 30 days delinquent in the payment of
20child support and has subsequently certified the delinquency
21to the Department, the Department may refuse to issue or renew
22or may revoke or suspend that person's license or may take
23other disciplinary action against that person based solely
24upon the certification of delinquency made by the Department
25of Healthcare and Family Services in accordance with item (5)
26of subsection (a) of Section 2105-15 of the Civil

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (b) If any person practices as a certified shorthand
2reporter or holds oneself himself or herself out as a
3certified shorthand reporter without being licensed under the
4provisions of this Act then any certified shorthand reporter,
5any interested party or any person injured thereby may, in
6addition to the Secretary, petition for relief as provided in
7subsection (a).
8    (c) Whenever in the opinion of the Department any person
9violates any provision of this Act, the Department may issue a
10rule to show cause why an order to cease and desist should not
11be entered against that individual. The rule shall clearly set
12forth the grounds relied upon by the Department and shall
13provide a period of 7 days from the date of the rule to file an
14answer to the satisfaction of the Department. Failure to
15answer to the satisfaction of the Department shall cause an
16order to cease and desist to be issued forthwith.
17(Source: P.A. 98-445, eff. 12-31-13.)
 
18    (225 ILCS 415/23.2)  (from Ch. 111, par. 6225)
19    (Section scheduled to be repealed on January 1, 2024)
20    Sec. 23.2. Investigations; notice and hearing. The
21Department may investigate the actions of any applicant or of
22any person or persons holding or claiming to hold a
23certificate. The Department shall, before refusing to issue or
24renew, or taking disciplinary action against, a certificate,
25at least 30 days prior to the date set for the hearing, notify

 

 

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1in writing the applicant for, or holder of, a certificate of
2the nature of the charges and the time and place for a hearing
3on the charges. The Department shall direct the applicant or
4licensee to file a written answer to the charges with the Board
5under oath within 20 days after the service of the notice and
6inform the applicant or licensee that failure to file an
7answer will result in default being taken against the
8applicant or licensee. At the time and place fixed in the
9notice, the Department shall proceed to hear the charges and
10the parties or the parties' their counsel shall be accorded
11ample opportunity to present any pertinent statements,
12testimony, evidence, and arguments. The Department may
13continue the hearing from time to time. In case the person,
14after receiving the notice, fails to file an answer, the his or
15her license may, in the discretion of the Department, be
16revoked, suspended, or placed on probationary status or the
17Department may take whatever disciplinary action considered
18proper, including limiting the scope, nature, or extent of the
19person's practice or the imposition of a fine, without a
20hearing, if the act or acts charged constitute sufficient
21grounds for that action under this Act. The written notice and
22any notice in the subsequent proceeding may be served by
23regular registered or certified mail to the licensee's address
24of record or by electronic mail to the licensee's email
25address of record.
26(Source: P.A. 98-445, eff. 12-31-13.)
 

 

 

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1    (225 ILCS 415/23.4)  (from Ch. 111, par. 6227)
2    (Section scheduled to be repealed on January 1, 2024)
3    Sec. 23.4. Subpoenas; oaths. The Department may subpoena
4and bring before it any person and to take the oral or written
5testimony or compel the production of any books, papers,
6records, or any other documents that the Secretary or the
7Secretary's his or her designee deems relevant or material to
8an investigation or hearing conducted by the Department with
9the same fees and mileage and in the same manner as prescribed
10by law in judicial procedure in civil cases in courts of this
11State.
12    The Secretary, the designated hearing officer, any member
13of the Board, or a certified shorthand court reporter may have
14power to administer oaths at any hearing which the Department
15conducts. Notwithstanding any other statute or Department rule
16to the contrary, all requests for testimony and production of
17documents or records shall be in accordance with this Act.
18(Source: P.A. 98-445, eff. 12-31-13.)
 
19    (225 ILCS 415/23.6)  (from Ch. 111, par. 6229)
20    (Section scheduled to be repealed on January 1, 2024)
21    Sec. 23.6. Board report. At the conclusion of the hearing
22the Board shall present to the Secretary a written report of
23its findings of fact, conclusions of law and recommendations.
24The report shall contain a finding whether or not the accused

 

 

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1person violated this Act or failed to comply with the
2conditions required in this Act. The Board shall specify the
3nature of the violation or failure to comply, and shall make
4its recommendations to the Secretary. The report of findings
5of fact, conclusions of law, and recommendations of the Board
6shall be the basis for the Secretary's Department's action
7regarding a certificate. If the Secretary disagrees in any
8regard with the report of the Board he may issue an order in
9contravention thereof. The finding is not admissible in
10evidence against the person in a criminal prosecution brought
11for the violation of this Act, but the hearing and findings are
12not a bar to a criminal prosecution brought for the violation
13of this Act.
14(Source: P.A. 98-445, eff. 12-31-13.)
 
15    (225 ILCS 415/23.7)  (from Ch. 111, par. 6230)
16    (Section scheduled to be repealed on January 1, 2024)
17    Sec. 23.7. Motion for rehearing. In any hearing involving
18the refusal to issue or renew, or the taking of disciplinary
19action against, a certificate, a copy of the Board's report
20shall be served upon the respondent by the Department as
21provided in this Act for the service of the notice of hearing.
22Within 20 days after such service, the respondent may present
23to the Secretary Department a motion in writing for a
24rehearing, which motion shall specify the particular grounds
25therefor. If no motion for rehearing is filed, then upon the

 

 

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1expiration of the time specified for filing such a motion, or
2if a motion for rehearing is denied, then upon such denial the
3Secretary may enter an order in accordance with
4recommendations of the Board except as provided in Section
523.6. If the respondent shall order from the reporting
6service, and pay for a transcript of the record within the time
7for filing a motion for rehearing, the 20 day period within
8which such a motion may be filed shall commence upon the
9delivery of the transcript to the respondent.
10(Source: P.A. 98-445, eff. 12-31-13.)
 
11    (225 ILCS 415/23.9)  (from Ch. 111, par. 6232)
12    (Section scheduled to be repealed on January 1, 2024)
13    Sec. 23.9. Hearing officers, reports, and review. The
14Secretary shall have the authority to appoint any attorney
15duly licensed to practice law in the State of Illinois to serve
16as the hearing officer in any action involving a refusal to
17issue or renew, or the taking of disciplinary action against a
18certificate. The hearing officer shall have full authority to
19conduct the hearing. The hearing officer shall report the
20hearing officer's his or her findings of fact, conclusions of
21law, and recommendations to the Board and the Secretary. The
22Board shall have 60 days from receipt of the report to review
23the report of the hearing officer and present the Board's
24their findings of fact, conclusions of law, and
25recommendations to the Secretary. If the Board fails to

 

 

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

 

 

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

 

 

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

 

 

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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

 

 

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