Full Text of HB2499 103rd General Assembly
HB2499eng 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 Acts and Section repealed on January 1, 2024.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Section of an Act are repealed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 Acts repealed on January 1, 2029 and December | 3 | | 31, 2029. | 4 | | (a) The following Act is repealed on January 1, 2029: | 5 | | The Electrologist Licensing Act. | 6 | | The Environmental Health Practitioner Licensing Act. | 7 | | (b) The following Act is repealed on December 31, 2029: | 8 | | The Structural Pest Control Act.
| 9 | | (Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18; | 10 | | 101-81, eff. 7-12-19.) | 11 | | Section 10. The Electrologist Licensing Act is amended by | 12 | | changing Sections 10, 32, 40, 90, and 120 and by adding Section | 13 | | 12 as follows:
| 14 | | (225 ILCS 412/10)
| 15 | | (Section scheduled to be repealed on January 1, 2024)
| 16 | | Sec. 10. Definitions. In this Act:
| 17 | | "Address of Record" means the designated address recorded | 18 | | by the Department in the applicant's or licensee's application | 19 | | file or license file as maintained by the Department's | 20 | | licensure maintenance unit. It is the duty of the applicant or | 21 | | licensee to inform the Department of any change of address, | 22 | | and those changes must be made either through the Department's | 23 | | website or by contacting the Department . |
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| 1 | | "Department" means the Department of Financial and | 2 | | Professional Regulation.
| 3 | | "Electrologist" means an individual licensed to practice | 4 | | electrology pursuant
to the provisions of this Act.
| 5 | | "Electrology" means the practice or teaching of services | 6 | | for
permanent hair removal
utilizing only solid probe | 7 | | electrode type epilation, which may include
thermolysis | 8 | | (shortwave, high frequency), electrolysis (galvanic), or a
| 9 | | combination of both (superimposed or sequential blend). | 10 | | "Email address of record" means the designated email | 11 | | address recorded by the Department in the applicant's | 12 | | application file or in a licensee's license file, as | 13 | | maintained by the Department's licensure maintenance unit.
| 14 | | "Secretary" means the Secretary of Financial and | 15 | | Professional Regulation. | 16 | | (Source: P.A. 98-363, eff. 8-16-13.)
| 17 | | (225 ILCS 412/12 new) | 18 | | Sec. 12. Address of record and email address of record. | 19 | | All applicants and licensees shall: | 20 | | (1) provide a valid physical address and email address | 21 | | to the Department, which shall serve as the address of | 22 | | record and email address of record, respectively, at the | 23 | | time of application for licensure or renewal of a license; | 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. Those | 2 | | changes must be made either through the Department's | 3 | | website or by contacting the Department through the | 4 | | Department's licensure maintenance unit.
| 5 | | (225 ILCS 412/32)
| 6 | | (Section scheduled to be repealed on January 1, 2024)
| 7 | | Sec. 32. Social Security number or individual taxpayer | 8 | | identification number on license application. In addition to | 9 | | any
other information required to be contained in the | 10 | | application, every
application for an
original license under | 11 | | this Act shall include the
applicant's social
security number | 12 | | or individual taxpayer identification number , which shall be | 13 | | retained in the agency's records pertaining to the license. As | 14 | | soon as practical, the Department shall assign a customer's | 15 | | identification number to each applicant for a license. | 16 | | Every application for a renewed, reinstated, or restored | 17 | | license shall require the applicant's customer identification | 18 | | number.
| 19 | | (Source: P.A. 97-400, eff. 1-1-12; 98-363, eff. 8-16-13.)
| 20 | | (225 ILCS 412/40)
| 21 | | (Section scheduled to be repealed on January 1, 2024)
| 22 | | Sec. 40. Administrative Procedure Act. The Illinois | 23 | | Administrative
Procedure Act is hereby expressly
adopted and | 24 | | incorporated in this Act as if all of the provisions of
the |
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| 1 | | Illinois Administrative Procedure Act
where included in this | 2 | | Act, except that the provision of paragraph (d) of
Section | 3 | | 10-65 of the Illinois Administrative Procedure Act, which | 4 | | provides
that at hearings the licensee has the right to show | 5 | | compliance with all
lawful requirements for retention, | 6 | | continuation, or renewal of the
license, is specifically | 7 | | excluded. For the purposes of this Act, the
notice required | 8 | | under Section 10-25 of the Illinois Administrative Procedure
| 9 | | Act is considered to be sufficient when mailed to the | 10 | | licensee's address of record or email address of record .
| 11 | | (Source: P.A. 98-363, eff. 8-16-13.)
| 12 | | (225 ILCS 412/90)
| 13 | | (Section scheduled to be repealed on January 1, 2024)
| 14 | | Sec. 90. Investigations; notice and hearing.
| 15 | | (a) The Department may investigate the actions of an | 16 | | applicant or a person
holding or claiming to hold a license.
| 17 | | (b) Before refusing to issue or renew a license or take any | 18 | | disciplinary or non-disciplinary action against
a licensed | 19 | | electrologist pursuant to Section 75 of this Act,
the | 20 | | Department shall notify in writing the applicant
or the | 21 | | licensee of the nature of the charges and that a hearing will | 22 | | be held on
the
date designated, which shall be at least 30 days
| 23 | | after
the date of the notice.
The Department shall direct the | 24 | | applicant or licensee
to
file a written answer to the | 25 | | Department under oath within 20 days after the
service
of
the |
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| 1 | | notice and inform the applicant or licensee that failure to | 2 | | file
an answer will result
in
default being taken against the | 3 | | applicant or licensee and that the
license may be suspended, | 4 | | revoked, placed on probationary status, or other
disciplinary | 5 | | or non-disciplinary action may be taken, including limiting | 6 | | the scope, nature, or
extent of
business as the Secretary may | 7 | | deem proper. Written notice may be served by
certified or | 8 | | registered mail sent to the licensee's address of record.
| 9 | | The written notice and any notice in the subsequent | 10 | | proceeding may be served by regular mail to the licensee's | 11 | | address of record or electronically to the licensee's email | 12 | | address of record. | 13 | | If the applicant
or licensee fails to file
an
answer after | 14 | | receiving notice, the license may, in the
discretion of
the | 15 | | Department, be suspended, revoked, or placed on probationary | 16 | | status, or the
Department may take whatever disciplinary | 17 | | action considered proper including limiting the scope, nature, | 18 | | or extent of the person's practice or the imposition of a fine, | 19 | | without a hearing if the act or acts charged
constitute
| 20 | | sufficient grounds
for such action under this Act.
| 21 | | At the time and place fixed in the
notice,
the Department | 22 | | shall proceed to hear the charges, and the parties or their
| 23 | | counsel
shall
be accorded ample opportunity to present any | 24 | | pertinent statements, testimony, evidence,
and argument. The
| 25 | | Department
may continue a hearing from time to time.
| 26 | | (Source: P.A. 98-363, eff. 8-16-13.)
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| 1 | | (225 ILCS 412/120)
| 2 | | (Section scheduled to be repealed on January 1, 2024)
| 3 | | Sec. 120. Motion for rehearing. In any case involving the | 4 | | refusal to
issue or renew a license,
or the
discipline of a | 5 | | licensee, a copy of the hearing officer's report shall be
| 6 | | served
upon
the respondent by the Secretary Department , either | 7 | | personally or as provided in this
Act for the service of the | 8 | | notice of hearing. Within 20 days after
service, the | 9 | | respondent may present to the Department a motion in writing
| 10 | | for a rehearing which shall specify the particular grounds
for | 11 | | rehearing. If no motion for rehearing is filed, then upon the | 12 | | expiration
of
the time specified for filing a motion, or if a | 13 | | motion for rehearing
is denied, then upon denial, the | 14 | | Secretary may enter an order in
accordance with the | 15 | | recommendation of the hearing officer.
If the respondent | 16 | | orders from the reporting
service, and pays for a transcript | 17 | | of the record within the time for filing
a motion for | 18 | | rehearing, the 20-day period within which a motion may be
| 19 | | filed shall commence upon the delivery of the transcript to | 20 | | the respondent.
| 21 | | (Source: P.A. 98-363, eff. 8-16-13.)
| 22 | | Section 99. Effective date. This Section and Section 5 | 23 | | take effect upon becoming law.
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