Full Text of HB2450 103rd General Assembly
HB2450eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Regulatory Sunset Act is amended by | 5 | | changing 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 Acts and Section repealed on January 1, 2024. | 8 | | The following Acts and
Section of an Act are repealed
on | 9 | | January 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 Acts repealed on January 1, 2029 and December | 3 | | 31, 2029. | 4 | | (a) The following Act is repealed on January 1, 2029: | 5 | | The Environmental Health Practitioner Licensing Act. | 6 | | The Registered Surgical Assistant and Registered | 7 | | Surgical Technologist Title Protection Act. | 8 | | (b) The following Act is repealed on December 31, 2029: | 9 | | The Structural Pest Control Act.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; | 11 | | 101-81, eff. 7-12-19.) | 12 | | Section 10. The Registered Surgical Assistant and | 13 | | Registered Surgical
Technologist Title Protection Act is | 14 | | amended by changing Sections 10, 20, 30, 75, 85, 110, 115, 120, | 15 | | and 150 and by adding Section 12 as follows:
| 16 | | (225 ILCS 130/10)
| 17 | | (Section scheduled to be repealed on January 1, 2024)
| 18 | | Sec. 10. Definitions. As used in this Act:
| 19 | | "Address of record" means the designated address recorded | 20 | | by the Department in the applicant's or registrant's | 21 | | application file or registration file as maintained by the | 22 | | Department's licensure maintenance unit. It is the duty of the | 23 | | applicant or registrant to inform the Department of any change |
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| 1 | | of address and those changes must be made either through the | 2 | | Department's website or by contacting the Department. | 3 | | "Department" means the Department of Financial and | 4 | | Professional Regulation.
| 5 | | "Direct supervision" means supervision by a licensed | 6 | | physician, licensed
podiatric physician, or licensed dentist | 7 | | who is
physically present and who personally directs delegated | 8 | | acts and remains
available to personally respond to an | 9 | | emergency until the patient
is released from the operating | 10 | | room.
A registered professional nurse may
also
provide direct | 11 | | supervision within the scope of his or her license. A
| 12 | | registered surgical assistant or registered surgical | 13 | | technologist shall perform
duties as assigned.
| 14 | | "Email address of record" means the designated email | 15 | | address recorded by the Department in the applicant's | 16 | | application file or the licensee's license file, as maintained | 17 | | by the Department's licensure maintenance unit. | 18 | | "Physician" means a person licensed to practice
medicine | 19 | | in all of
its branches under the Medical Practice Act of 1987.
| 20 | | "Registered surgical assistant" means a person who (i) is | 21 | | not
licensed to
practice
medicine in all of its branches, (ii) | 22 | | is certified by the National Surgical
Assistant
Association as | 23 | | a Certified Surgical Assistant, the National Board of Surgical | 24 | | Technology and Surgical Assisting as a Certified Surgical | 25 | | First Assistant, or
the American Board of Surgical Assistants | 26 | | as a Surgical Assistant-Certified, (iii) performs duties under |
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| 1 | | direct
supervision, (iv) provides services only in a licensed | 2 | | hospital, ambulatory
treatment center, or office of a | 3 | | physician licensed to practice medicine in all
its branches, | 4 | | and (v) is registered
under this Act.
| 5 | | "Registered surgical technologist" means a person who (i) | 6 | | is not
a physician licensed to
practice
medicine in all of its | 7 | | branches, (ii) is certified by the National Board for Surgical | 8 | | Technology and Surgical Assisting,
(iii) performs duties under | 9 | | direct supervision, (iv) provides services only in
a licensed | 10 | | hospital, ambulatory treatment center, or office of a | 11 | | physician
licensed to practice medicine in all its branches, | 12 | | and (v) is registered
under this Act.
| 13 | | "Secretary" means the Secretary of Financial and | 14 | | Professional Regulation. | 15 | | (Source: P.A. 98-214, eff. 8-9-13; 98-364, eff. 12-31-13; | 16 | | 98-756, eff. 7-16-14.)
| 17 | | (225 ILCS 130/12 new) | 18 | | Sec. 12. Address of record; email address of record. All | 19 | | applicants and registrants shall: | 20 | | (1) provide a valid address and email address to the | 21 | | Department, which shall serve as the address of record and | 22 | | email address of record, respectively, at the time of | 23 | | application for registration or renewal of a registration; | 24 | | and | 25 | | (2) inform the Department of any change of address
of |
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| 1 | | record or email address of record within 14 days after | 2 | | such change, either through the Department's website or by | 3 | | contacting the Department's licensure maintenance unit.
| 4 | | (225 ILCS 130/20)
| 5 | | (Section scheduled to be repealed on January 1, 2024)
| 6 | | Sec. 20. Illinois Administrative Procedure Act. The | 7 | | Illinois
Administrative Procedure Act is expressly adopted and | 8 | | incorporated in
this Act as if all of the provisions of the | 9 | | Illinois Administrative Procedure
Act were included in this | 10 | | Act,
except that the provision of subsection (d) of Section | 11 | | 10-65 of the Illinois
Administrative Procedure Act that | 12 | | provides that at hearings the registrant has
the right to show | 13 | | compliance with all lawful requirements for retention,
| 14 | | continuation, or renewal of the registration is specifically | 15 | | excluded. For
purposes of this Act, the notice required under | 16 | | Section 10-25 of the Illinois
Administrative Procedure Act is | 17 | | deemed sufficient when mailed to the registrant's address of | 18 | | record or email address of record .
| 19 | | (Source: P.A. 98-364, eff. 12-31-13.)
| 20 | | (225 ILCS 130/30)
| 21 | | (Section scheduled to be repealed on January 1, 2024)
| 22 | | Sec. 30. Social Security Number or individual taxpayer | 23 | | identification number on registration application. In addition
| 24 | | to any other information required to be contained in the |
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| 1 | | application, every
application for an original certificate of | 2 | | registration
under this Act shall
include the applicant's | 3 | | Social Security Number or individual taxpayer identification | 4 | | number , which shall be retained in the agency's records | 5 | | pertaining to the registration. As soon as practical, the | 6 | | Department shall assign a customer's identification number to | 7 | | each applicant for a registration. | 8 | | Every application for a renewed, reinstated, or restored | 9 | | registration shall require the applicant's customer | 10 | | identification number.
| 11 | | (Source: P.A. 97-400, eff. 1-1-12; 98-364, eff. 12-31-13.)
| 12 | | (225 ILCS 130/75)
| 13 | | (Section scheduled to be repealed on January 1, 2024)
| 14 | | Sec. 75. Grounds for disciplinary action.
| 15 | | (a) The Department may refuse to issue, renew, or restore | 16 | | a
registration, may revoke or suspend a registration, or may | 17 | | place on
probation, reprimand, or take other disciplinary or | 18 | | non-disciplinary
action with regard to a person registered | 19 | | under this Act,
including , but not limited to , the imposition | 20 | | of fines not to
exceed $10,000 for each violation and the | 21 | | assessment of costs as provided for in Section 90, for any one | 22 | | or combination
of the following causes:
| 23 | | (1) Making a material misstatement in furnishing
| 24 | | information to the Department.
| 25 | | (2) Violating a provision of this Act or rules adopted |
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| 1 | | under this Act.
| 2 | | (3) Conviction by plea of guilty or nolo contendere, | 3 | | finding of guilt, jury verdict, or entry of judgment or by | 4 | | sentencing of any crime, including, but not limited to, | 5 | | convictions, preceding sentences of supervision, | 6 | | conditional discharge, or first offender probation, under | 7 | | the laws of any jurisdiction of the United States that is | 8 | | (i) a felony or (ii) a misdemeanor, an essential element | 9 | | of which is dishonesty, or that is directly related to the | 10 | | practice of the profession.
| 11 | | (4) Fraud or misrepresentation in applying for, | 12 | | renewing, restoring, reinstating, or procuring a | 13 | | registration under this Act.
| 14 | | (5) Aiding or assisting another person in
violating a | 15 | | provision of this Act or its rules.
| 16 | | (6) Failing to provide information within 60 days
in | 17 | | response to a written request made by the Department.
| 18 | | (7) Engaging in dishonorable, unethical, or
| 19 | | unprofessional conduct of a character likely to deceive,
| 20 | | defraud, or harm the public, as defined by rule of the
| 21 | | Department.
| 22 | | (8) Discipline by another United States
jurisdiction, | 23 | | governmental agency, unit of government, or foreign | 24 | | nation, if at least one of the
grounds for discipline is | 25 | | the same or substantially
equivalent to those set forth in | 26 | | this Section.
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| 1 | | (9) Directly or indirectly giving to or receiving
from | 2 | | a person, firm, corporation, partnership, or
association a | 3 | | fee, commission, rebate, or other form of
compensation for | 4 | | professional services not actually or
personally rendered. | 5 | | Nothing in this paragraph (9) affects any bona fide | 6 | | independent contractor or employment arrangements among | 7 | | health care professionals, health facilities, health care | 8 | | providers, or other entities, except as otherwise | 9 | | prohibited by law. Any employment arrangements may include | 10 | | provisions for compensation, health insurance, pension, or | 11 | | other employment benefits for the provision of services | 12 | | within the scope of the registrant's practice under this | 13 | | Act. Nothing in this paragraph (9) shall be construed to | 14 | | require an employment arrangement to receive professional | 15 | | fees for services rendered.
| 16 | | (10) A finding by the Department that the registrant, | 17 | | after
having the his or her registration placed on | 18 | | probationary status,
has violated the terms of probation.
| 19 | | (11) Willfully making or filing false records or
| 20 | | reports in the his or her practice, including , but not | 21 | | limited
to , false records or reports filed with State | 22 | | agencies.
| 23 | | (12) Willfully making or signing a false statement,
| 24 | | certificate, or affidavit to induce payment.
| 25 | | (13) Willfully failing to report an instance of
| 26 | | suspected child abuse or neglect as required under the
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| 1 | | Abused and Neglected Child Reporting Act.
| 2 | | (14) Being named as a perpetrator in an indicated
| 3 | | report by the Department of Children and Family Services
| 4 | | under the Abused and Neglected Child Reporting Act and
| 5 | | upon proof by clear and convincing evidence that the
| 6 | | registrant has caused a child to be an abused child or
| 7 | | neglected child as defined in the Abused and Neglected
| 8 | | Child Reporting Act.
| 9 | | (15) (Blank).
| 10 | | (16) Failure to report to the Department (A) any
| 11 | | adverse final action taken against the registrant by
| 12 | | another registering or licensing jurisdiction,
government | 13 | | agency, law enforcement agency, or
any court or (B) | 14 | | liability for conduct that would
constitute grounds for | 15 | | action as set forth in this
Section.
| 16 | | (17) Habitual or excessive use or abuse of drugs | 17 | | defined in law as controlled substances, alcohol, or any | 18 | | other substance that results in the inability to practice | 19 | | with reasonable judgment, skill, or safety.
| 20 | | (18) Physical or mental illness, including , but not | 21 | | limited to , deterioration through the aging process or | 22 | | loss of motor
skills, which results in the inability to | 23 | | practice the
profession for which the person he or she is | 24 | | registered with
reasonable judgment, skill, or safety.
| 25 | | (19) Gross malpractice.
| 26 | | (20) Immoral conduct in the commission of an act |
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| 1 | | related to the
registrant's practice, including , but not | 2 | | limited to , sexual abuse, sexual
misconduct,
or sexual | 3 | | exploitation.
| 4 | | (21) Violation of
the Health Care Worker Self-Referral | 5 | | Act.
| 6 | | (b) The Department may refuse to issue or may suspend | 7 | | without hearing the
registration of a person who fails to file | 8 | | a return, to pay the
tax, penalty, or interest shown in a filed | 9 | | return, or to pay
a final assessment of the tax, penalty, or | 10 | | interest as
required by a tax Act administered by the | 11 | | Department of
Revenue, until the requirements of the tax Act | 12 | | are satisfied in accordance with subsection (g) of Section | 13 | | 2105-15 of the Department of Regulation Law of the Civil | 14 | | Administrative Code of Illinois.
| 15 | | (b-1) The Department shall not revoke, suspend, summarily | 16 | | suspend, place on probation, reprimand, refuse to issue or | 17 | | renew, or take any other disciplinary or non-disciplinary | 18 | | action against the license issued under this Act to practice | 19 | | as a registered surgical assistant or registered surgical | 20 | | technologist based solely upon the registered surgical | 21 | | assistant or registered surgical technologist providing, | 22 | | authorizing, recommending, aiding, assisting, referring for, | 23 | | or otherwise participating in any health care service, so long | 24 | | as the care was not unlawful under the laws of this State, | 25 | | regardless of whether the patient was a resident of this State | 26 | | or another state. |
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| 1 | | (b-2) The Department shall not revoke, suspend, summarily | 2 | | suspend, place on prohibition, reprimand, refuse to issue or | 3 | | renew, or take any other disciplinary or non-disciplinary | 4 | | action against the license issued under this Act to practice | 5 | | as a registered surgical assistant or registered surgical | 6 | | technologist based upon the registered surgical assistant's or | 7 | | registered surgical technologist's license being revoked or | 8 | | suspended, or the registered surgical assistant's or | 9 | | registered surgical technologist's being otherwise disciplined | 10 | | by any other state, if that revocation, suspension, or other | 11 | | form of discipline was based solely on the registered surgical | 12 | | assistant or registered surgical technologist violating | 13 | | another state's laws prohibiting the provision of, | 14 | | authorization of, recommendation of, aiding or assisting in, | 15 | | referring for, or participation in any health care service if | 16 | | that health care service as provided would not have been | 17 | | unlawful under the laws of this State and is consistent with | 18 | | the standards of conduct for the registered surgical assistant | 19 | | or registered surgical technologist practicing in this State. | 20 | | (b-3) The conduct specified in subsection (b-1) or (b-2) | 21 | | shall not constitute grounds for suspension under Section 145. | 22 | | (b-4) An applicant seeking licensure, certification, or | 23 | | authorization pursuant to this Act who has been subject to | 24 | | disciplinary action by a duly authorized professional | 25 | | disciplinary agency of another jurisdiction solely on the | 26 | | basis of having provided, authorized, recommended, aided, |
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| 1 | | assisted, referred for, or otherwise participated in health | 2 | | care shall not be denied such licensure, certification, or | 3 | | authorization, unless the Department determines that such | 4 | | action would have constituted professional misconduct in this | 5 | | State. Nothing in this Section shall be construed as | 6 | | prohibiting the Department from evaluating the conduct of such | 7 | | applicant and making a determination regarding the licensure, | 8 | | certification, or authorization to practice a profession under | 9 | | this Act. | 10 | | (c) The determination by a circuit court that a registrant
| 11 | | is subject to involuntary admission or judicial admission as
| 12 | | provided in the Mental Health and Developmental Disabilities
| 13 | | Code operates as an automatic suspension. The suspension will
| 14 | | end only upon (1) a finding by a court that the patient is no
| 15 | | longer subject to involuntary admission or judicial
admission, | 16 | | (2) issuance of an order so finding and
discharging the | 17 | | patient, and (3) filing of a petition for restoration | 18 | | demonstrating fitness to practice.
| 19 | | (d) (Blank). | 20 | | (e) In cases where the Department of Healthcare and Family | 21 | | Services has previously determined a registrant or a potential | 22 | | registrant is more than 30 days delinquent in the payment of | 23 | | child support and has subsequently certified the delinquency | 24 | | to the Department, the Department may refuse to issue or renew | 25 | | or may revoke or suspend that person's registration or may | 26 | | take other disciplinary action against that person based |
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| 1 | | solely upon the certification of delinquency made by the | 2 | | Department of Healthcare and Family Services in accordance | 3 | | with paragraph (5) of subsection (a) of Section 2105-15 of the | 4 | | Department of Professional Regulation Law of the Civil | 5 | | Administrative Code of Illinois. | 6 | | (f) In enforcing this Section, the Department, upon a | 7 | | showing of a possible violation, may compel any individual | 8 | | registered under this Act or any individual who has applied | 9 | | for registration to submit to a mental or physical examination | 10 | | and evaluation, or both, that may include a substance abuse or | 11 | | sexual offender evaluation, at the expense of the Department. | 12 | | The Department shall specifically designate the examining | 13 | | physician licensed to practice medicine in all of its branches | 14 | | or, if applicable, the multidisciplinary team involved in | 15 | | providing the mental or physical examination and evaluation, | 16 | | or both. The multidisciplinary team shall be led by a | 17 | | physician licensed to practice medicine in all of its branches | 18 | | and may consist of one or more or a combination of physicians | 19 | | licensed to practice medicine in all of its branches, licensed | 20 | | chiropractic physicians, licensed clinical psychologists, | 21 | | licensed clinical social workers, licensed clinical | 22 | | professional counselors, and other professional and | 23 | | administrative staff. Any examining physician or member of the | 24 | | multidisciplinary team may require any person ordered to | 25 | | submit to an examination and evaluation pursuant to this | 26 | | Section to submit to any additional supplemental testing |
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| 1 | | deemed necessary to complete any examination or evaluation | 2 | | process, including, but not limited to, blood testing, | 3 | | urinalysis, psychological testing, or neuropsychological | 4 | | testing. | 5 | | The Department may order the examining physician or any | 6 | | member of the multidisciplinary team to provide to the | 7 | | Department any and all records, including business records, | 8 | | that relate to the examination and evaluation, including any | 9 | | supplemental testing performed. The Department may order the | 10 | | examining physician or any member of the multidisciplinary | 11 | | team to present testimony concerning this examination and | 12 | | evaluation of the registrant or applicant, including testimony | 13 | | concerning any supplemental testing or documents relating to | 14 | | the examination and evaluation. No information, report, | 15 | | record, or other documents in any way related to the | 16 | | examination and evaluation shall be excluded by reason of any | 17 | | common law or statutory privilege relating to communication | 18 | | between the registrant or applicant and the examining | 19 | | physician or any member of the multidisciplinary team. No | 20 | | authorization is necessary from the registrant or applicant | 21 | | ordered to undergo an evaluation and examination for the | 22 | | examining physician or any member of the multidisciplinary | 23 | | team to provide information, reports, records, or other | 24 | | documents or to provide any testimony regarding the | 25 | | examination and evaluation. The individual to be examined may | 26 | | have, at the individual's his or her own expense, another |
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| 1 | | physician of the individual's his or her choice present during | 2 | | all aspects of the examination. | 3 | | Failure of any individual to submit to mental or physical | 4 | | examination and evaluation, or both, when directed, shall | 5 | | result in an automatic suspension without a hearing until such | 6 | | time as the individual submits to the examination. If the | 7 | | Department finds a registrant unable to practice because of | 8 | | the reasons set forth in this Section, the Department shall | 9 | | require such registrant to submit to care, counseling, or | 10 | | treatment by physicians approved or designated by the | 11 | | Department as a condition for continued, reinstated, or | 12 | | renewed registration. | 13 | | When the Secretary immediately suspends a registration | 14 | | under this Section, a hearing upon such person's registration | 15 | | must be convened by the Department within 15 days after such | 16 | | suspension and completed without appreciable delay. The | 17 | | Department shall have the authority to review the registrant's | 18 | | record of treatment and counseling regarding the impairment to | 19 | | the extent permitted by applicable federal statutes and | 20 | | regulations safeguarding the confidentiality of medical | 21 | | records. | 22 | | Individuals registered under this Act and affected under | 23 | | this Section shall be afforded an opportunity to demonstrate | 24 | | to the Department that they can resume practice in compliance | 25 | | with acceptable and prevailing standards under the provisions | 26 | | of their registration. |
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| 1 | | (g) All fines imposed under this Section shall be paid | 2 | | within 60 days after the effective date of the order imposing | 3 | | the fine or in accordance with the terms set forth in the order | 4 | | imposing the fine. | 5 | | (f) The Department may adopt rules to implement the
| 6 | | changes made by this amendatory Act of the 102nd General
| 7 | | Assembly. | 8 | | (Source: P.A. 102-1117, eff. 1-13-23.)
| 9 | | (225 ILCS 130/85)
| 10 | | (Section scheduled to be repealed on January 1, 2024)
| 11 | | Sec. 85. Investigation; notice; hearing.
The Department | 12 | | may
investigate
the
actions of a person applying for, holding, | 13 | | or claiming to hold a certificate of
registration. The | 14 | | Department shall, before refusing to issue or renew a | 15 | | registration or taking other disciplinary or non-disciplinary | 16 | | action
pursuant to Section 75 of
this Act, and at
least 30 days | 17 | | prior to the date set for the hearing, (i) notify in writing | 18 | | the
applicant or registrant of the charges made and the time | 19 | | and place for a hearing of the charges, (ii) direct the | 20 | | applicant or registrant to file a
written
answer to the | 21 | | Department under oath within 20 days after the service of the
| 22 | | notice, and (iii) inform the applicant or registrant that | 23 | | failure to file an answer
will
result in default being taken | 24 | | against the applicant or registrant. | 25 | | Written notice and any notice in the subsequent proceeding |
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| 1 | | may be served by registered or certified mail to
the | 2 | | applicant's or registrant's address of record or email address | 3 | | of record . If the person fails to file an answer after | 4 | | receiving
notice, his or her certificate of registration may, | 5 | | in the discretion of the
Department, be
suspended, revoked, or | 6 | | placed on probationary status or the Department may take
| 7 | | whatever disciplinary or non-disciplinary action deemed | 8 | | proper, including limiting the delegated
tasks
or the | 9 | | imposition of a fine, without
a hearing, if the act or acts | 10 | | charged constitute sufficient grounds for such
action under | 11 | | this Act. At the time and place fixed in the notice, the
| 12 | | Department shall proceed to hearing of the charges and the | 13 | | parties and their counsel shall be afforded ample opportunity | 14 | | to present any pertinent statements, testimony, evidence, and | 15 | | arguments. The Department may continue a
hearing from time to | 16 | | time.
| 17 | | (Source: P.A. 98-364, eff. 12-31-13.)
| 18 | | (225 ILCS 130/110)
| 19 | | (Section scheduled to be repealed on January 1, 2024)
| 20 | | Sec. 110. Motion for rehearing. In a case involving the | 21 | | refusal to
issue
or renew a registration or the discipline of a | 22 | | registrant, a copy of the
hearing officer's
report shall be | 23 | | served upon the respondent by the
Department, as provided | 24 | | under Section 20 of this Act. Within 20 days after
the service, | 25 | | the respondent may present to the Secretary Department a
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| 1 | | motion in writing for a rehearing, which shall specify
the | 2 | | particular grounds for a rehearing. If no motion for rehearing
| 3 | | is filed, then upon the expiration of the time specified for
| 4 | | filing the motion, or if a motion for rehearing is denied,
then | 5 | | upon the denial , the Secretary may enter an order in
| 6 | | accordance with recommendations of the hearing officer | 7 | | Department ,
except as provided in Section 115 or 120 of this | 8 | | Act. If
the respondent orders a transcript of the record from | 9 | | the reporting service
and
pays for the transcript within the | 10 | | time for filing
a motion for rehearing, the 20-day period | 11 | | within which such a
motion may be filed shall commence upon the | 12 | | delivery of the
transcript to the respondent.
| 13 | | (Source: P.A. 98-364, eff. 12-31-13.)
| 14 | | (225 ILCS 130/115)
| 15 | | (Section scheduled to be repealed on January 1, 2024)
| 16 | | Sec. 115. Order of Secretary. The Secretary's order shall | 17 | | be based on the
recommendations contained in the hearing | 18 | | officer's Department report unless the
Secretary disagrees in | 19 | | any regard with the report of the
hearing officer Department , | 20 | | in which case the Secretary he or she may issue an order in
| 21 | | contravention of the report. The
hearing officer's report and | 22 | | Secretary's order are not
admissible in evidence against the | 23 | | person in a criminal
prosecution brought for a violation of | 24 | | this Act, but the
hearing, report, and order are not a bar to a | 25 | | criminal
prosecution brought for the violation of this Act.
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| 1 | | (Source: P.A. 98-364, eff. 12-31-13.)
| 2 | | (225 ILCS 130/120)
| 3 | | (Section scheduled to be repealed on January 1, 2024)
| 4 | | Sec. 120. Hearing officer. The Secretary shall have the | 5 | | authority
to
appoint an attorney
licensed to practice law in | 6 | | this State to serve as the
hearing officer in a hearing | 7 | | authorized under Section 90 of this Act.
The hearing officer | 8 | | shall have full authority
to conduct the hearing. The hearing | 9 | | officer
shall report the hearing officer's his or her findings | 10 | | of fact, conclusions of law,
and recommendations to the | 11 | | Secretary Department .
If the Secretary disagrees in any regard | 12 | | with the
report of the hearing officer Department , the | 13 | | Secretary he or she may issue
an order in contravention of the | 14 | | report. The Secretary
shall provide a written explanation to | 15 | | the Department on
a deviation from the Department's report and | 16 | | shall specify with
particularity the reasons for his or her | 17 | | deviation in the
final order.
| 18 | | (Source: P.A. 98-364, eff. 12-31-13.)
| 19 | | (225 ILCS 130/150)
| 20 | | (Section scheduled to be repealed on January 1, 2024)
| 21 | | Sec. 150. Certificate of record. The Department shall
not | 22 | | be required to certify any record to a court or file an
answer | 23 | | in court or otherwise appear in a court in a judicial
review | 24 | | proceeding unless and until the Department has received from |
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| 1 | | the plaintiff
payment of the costs of furnishing and | 2 | | certifying the record, which costs shall be determined by the | 3 | | Department. Exhibits shall be certified without cost.
Failure | 4 | | on the part of the plaintiff to file a receipt in
court shall | 5 | | be grounds for dismissal of the action.
| 6 | | (Source: P.A. 98-364, eff. 12-31-13.)
| 7 | | Section 99. Effective date. This Section and Section 5 | 8 | | take effect upon becoming law.
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