HB4426 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4426

 

Introduced 1/16/2024, by Rep. Elizabeth "Lisa" Hernandez

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Regulatory Sunset Act. Provides that the Illinois Certified Shorthand Reporters Act of 1984 is repealed on January 1, 2030 (rather than January 1, 2025). 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 the 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 Certified Shorthand Reporters 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. Effective immediately.


LRB103 35695 AWJ 65771 b

 

 

A BILL FOR

 

HB4426LRB103 35695 AWJ 65771 b

1    AN ACT concerning government.
 
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 4.35 and 4.40 as follows:
 
6    (5 ILCS 80/4.35)
7    Sec. 4.35. Acts repealed on January 1, 2025. The following
8Acts are repealed on January 1, 2025:
9    The Genetic Counselor Licensing Act.
10    The Illinois Certified Shorthand Reporters Act of 1984.
11(Source: P.A. 103-563, eff. 11-17-23.)
 
12    (5 ILCS 80/4.40)
13    Sec. 4.40. Acts repealed on January 1, 2030. The following
14Acts are repealed on January 1, 2030:
15    The Auction License Act.
16    The Illinois Architecture Practice Act of 1989.
17    The Illinois Certified Shorthand Reporters Act of 1984.
18    The Illinois Professional Land Surveyor Act of 1989.
19    The Orthotics, Prosthetics, and Pedorthics Practice Act.
20    The Perfusionist Practice Act.
21    The Professional Engineering Practice Act of 1989.
22    The Real Estate License Act of 2000.

 

 

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1    The Structural Engineering Practice Act of 1989.
2(Source: P.A. 101-269, eff. 8-9-19; 101-310, eff. 8-9-19;
3101-311, eff. 8-9-19; 101-312, eff. 8-9-19; 101-313, eff.
48-9-19; 101-345, eff. 8-9-19; 101-346, eff. 8-9-19; 101-357,
5eff. 8-9-19; 102-558, eff. 8-20-21.)
 
6    Section 10. The Illinois Certified Shorthand Reporters Act
7of 1984 is amended by changing Sections 4, 5, 6, 8, 10, 12.1,
814, 15, 16, 17, 19, 23, 23.1, 23.2, 23.4, 23.6, 23.7, 23.9,
923.15, 24, 26, and 26.1 and by adding Section 4.1 as follows:
 
10    (225 ILCS 415/4)  (from Ch. 111, par. 6204)
11    (Section scheduled to be repealed on January 1, 2025)
12    Sec. 4. In this Act:
13    (1) "Department" means the Department of Financial and
14Professional Regulation.
15    (2) "Secretary" means the Secretary of Financial and
16Professional Regulation.
17    (3) "Board" means the Certified Shorthand Reporters Board
18appointed by the Secretary.
19    (4) "The practice of shorthand reporting" means reporting,
20by the use of any system of manual or mechanical shorthand
21writing, of Grand Jury proceedings, court proceedings, court
22related proceedings, pretrial examinations, depositions,
23motions and related proceedings of like character, or
24proceedings of an administrative agency when the final

 

 

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1decision of the agency with reference thereto is likely to be
2subject to judicial review under the provisions of the
3Administrative Review Law.
4    (5) "Shorthand reporter" means a person who is technically
5qualified and certified under this Act to practice shorthand
6reporting.
7    (6) "Stenographic notes" means the original notes by
8manual or mechanical shorthand or shorthand writing taken by a
9shorthand reporter of a proceeding while in attendance at such
10proceeding for the purpose of reporting the same.
11    (7) "Address of record" means the designated address
12recorded by the Department in the applicant's or licensee's
13application file or license file as maintained by the
14Department's licensure maintenance unit. It is the duty of the
15applicant or licensee to inform the Department of any change
16of address and those changes must be made either through the
17Department's Internet website or by contacting the Department.
18    (8) "Email address of record" means the designated email
19address recorded by the Department in the applicant's
20application file or the licensee's license file, as maintained
21by the Department's licensure maintenance unit.
22(Source: P.A. 98-445, eff. 12-31-13.)
 
23    (225 ILCS 415/4.1 new)
24    Sec. 4.1. Address of record; email address of record. All
25applicants and registrants shall:

 

 

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1        (1) provide a valid address and email address to the
2    Department, which shall serve as the address of record and
3    email address of record, respectively, at the time of
4    application for licensure or renewal of a license; and
5        (2) inform the Department of any change of address of
6    record or email address of record within 14 days after
7    such change either through the Department's website or by
8    contacting the Department's licensure maintenance unit.
 
9    (225 ILCS 415/5)  (from Ch. 111, par. 6205)
10    (Section scheduled to be repealed on January 1, 2025)
11    Sec. 5. Title. Every person to whom a valid existing
12certificate as a certified shorthand reporter has been issued
13under this Act shall be designated as a Certified Shorthand
14Reporter and not otherwise, and any such certified shorthand
15reporter may, in connection with the reporter's his or her
16practice of shorthand reporting, use the abbreviation "C.S.R."
17or the title "Court Reporter". No person other than the holder
18of a valid existing certificate under this Act shall use the
19title or designation of "Certified Shorthand Reporter", "Court
20Reporter", or "C.S.R.", either directly or indirectly in
21connection with that person's his or her profession or
22business.
23(Source: P.A. 90-49, eff. 7-3-97.)
 
24    (225 ILCS 415/6)  (from Ch. 111, par. 6206)

 

 

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1    (Section scheduled to be repealed on January 1, 2025)
2    Sec. 6. Restricted certificate. Upon receipt of a written
3request from the Chief Judge of the reporter's circuit, the
4Department shall, upon payment of the required fee, issue to
5any reporter who has been appointed in counties of less than
61,000,000 in population, has been examined under the Court
7Reporters Act, and has achieved an "A" proficiency rating, a
8restricted certificate by which such official court reporter
9may then lawfully engage in reporting only court proceedings
10to which he may be assigned by the Chief Judge of the
11reporter's his circuit may assign.
12(Source: P.A. 98-445, eff. 12-31-13.)
 
13    (225 ILCS 415/8)  (from Ch. 111, par. 6208)
14    (Section scheduled to be repealed on January 1, 2025)
15    Sec. 8. Certified Shorthand Reporters Board. The Secretary
16shall appoint a Certified Shorthand Reporters Board as
17follows: 7 persons who shall be appointed by and shall serve in
18an advisory capacity to the Secretary. Six members must be
19certified shorthand reporters, in good standing, and actively
20engaged in the practice of shorthand reporting in this State
21for 10 ten years, and one member must be a member of the public
22who is not certified under this Act, or a similar Act of
23another jurisdiction.
24    Members shall serve 4 year terms and until the members'
25their successors are appointed and qualified. No member shall

 

 

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1be reappointed to the Board for a term that would cause the
2member's his continuous service on the Board to be longer than
32 full consecutive terms. Appointments to fill vacancies shall
4be made in the same manner as original appointments, for the
5unexpired portion of the vacated term.
6    In making appointments to the Board, the Secretary shall
7give consideration to recommendations by national and State
8organizations of the shorthand reporter profession.
9    Four members of the Board shall constitute a quorum. A
10quorum is required for all Board decisions.
11    The Secretary may remove or suspend any member of the
12Board for cause at any time before the expiration of the
13member's his or her term. The Secretary shall be the sole
14arbiter of cause.
15    The Secretary shall consider the recommendations of the
16Board on questions involving standards of professional
17conduct, discipline, and qualifications of candidates and
18certificate holders under this Act.
19    Members of the Board shall be reimbursed for all
20legitimate, necessary, and authorized expenses incurred in
21attending the meetings of the Board.
22    Members of the Board have no liability in any action based
23upon any disciplinary proceedings or other activity performed
24in good faith as members of the Board.
25(Source: P.A. 98-445, eff. 12-31-13.)
 

 

 

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1    (225 ILCS 415/10)  (from Ch. 111, par. 6210)
2    (Section scheduled to be repealed on January 1, 2025)
3    Sec. 10. The Department shall authorize examinations at
4such time and place as it may designate. The examination shall
5be of a character to give a fair test of the qualifications of
6the applicant to practice shorthand reporting.
7    Applicants for examination as certified shorthand
8reporters shall be required to pay, either to the Department
9or the designated testing service, a fee covering the cost of
10providing the examination. Failure to appear for the
11examination on the scheduled date, at the time and place
12specified, after the applicant's application for examination
13has been received and acknowledged by the Department or the
14designated testing service, shall result in the forfeiture of
15the examination fee.
16    If an applicant neglects, fails, or refuses to take the
17next available examination offered or fails to pass an
18examination for certification under this Act, the application
19shall be denied. If an applicant for examination for
20certification under this Act fails to pass the examination
21within 3 years after filing an his application, the
22application shall be denied. However, such applicant may
23thereafter make a new application accompanied by the required
24fee.
25    The Department may employ consultants for the purpose of
26preparing and conducting examinations.

 

 

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1    An applicant has one year from the date of notification of
2successful completion of the examination to apply to the
3Department for a license. If an applicant fails to apply
4within one year, the applicant shall be required to take and
5pass the examination again unless licensed in another
6jurisdiction of the United States within one year of passing
7the examination.
8(Source: P.A. 98-445, eff. 12-31-13.)
 
9    (225 ILCS 415/12.1)
10    (Section scheduled to be repealed on January 1, 2025)
11    Sec. 12.1. Social Security Number or federal individual
12taxpayer identification number on license application. In
13addition to any other information required to be contained in
14the application, every application for an original license
15under this Act shall include the applicant's Social Security
16Number or federal individual taxpayer identification number,
17which shall be retained in the Department's records pertaining
18to the license. As soon as practicable, the Department shall
19assign a customer's identification number to each applicant
20for a license. Every application for a renewal or restored
21license shall require the applicant's customer identification
22number.
23(Source: P.A. 98-445, eff. 12-31-13.)
 
24    (225 ILCS 415/14)  (from Ch. 111, par. 6214)

 

 

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1    (Section scheduled to be repealed on January 1, 2025)
2    Sec. 14. Expiration, renewal, and military service. The
3expiration date and renewal period for each certificate issued
4under this Act shall be set by rule.
5    Any certified shorthand reporter who has permitted the
6reporter's his certificate to expire or who has had the
7reporter's his certificate on inactive status may have the his
8certificate restored by making application to the Department,
9filing proof acceptable to the Department of the reporter's
10his fitness to have the his certificate restored and paying
11the required restoration fee. The Department may consider a
12certificate expired less than 5 years as prima facie evidence
13that the applicant is fit. If a certificate has expired or has
14been placed on inactive status and the applicant has practiced
15in another jurisdiction during such period, satisfactory proof
16of fitness may include sworn evidence certifying to active
17practice in another jurisdiction.
18    If the certified shorthand reporter has not maintained an
19active practice in another jurisdiction satisfactory to the
20Department, the Department shall determine, by an evaluation
21program established by rule, the reporter's his fitness to
22resume active status and shall, by rule, establish procedures
23and requirements for restoration.
24    However, any certified shorthand reporter whose
25certificate expired while he was (1) in Federal Service on
26active duty with the Armed Forces of the United States, while

 

 

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1or the State Militia called into service or training in the
2State Militia, or while (2) in training or education under the
3supervision of the United States preliminary to induction into
4the military service, may have the his certificate renewed or
5restored without paying any lapsed renewal fees if, within 2
6years after termination of such service, training, or
7education except under conditions other than honorable, the
8Department is furnished with satisfactory evidence to the
9effect that the certificate holder has been so engaged and
10that the service, training, or education has been terminated
11he furnished the Department with satisfactory evidence to the
12effect that he has been so engaged and that his service,
13training or education has been so terminated.
14(Source: P.A. 98-445, eff. 12-31-13.)
 
15    (225 ILCS 415/15)  (from Ch. 111, par. 6215)
16    (Section scheduled to be repealed on January 1, 2025)
17    Sec. 15. Inactive status. Any certified shorthand reporter
18who notifies the Department in writing on forms prescribed by
19the Department, may elect to place the reporter's his
20certificate on an inactive status and shall, subject to rules
21of the Department, be excused from payment of renewal fees
22until he notifies the Department has been notified in writing
23of the certificate holder's his desire to resume active
24status.
25    Any certified shorthand reporter requesting restoration

 

 

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1from inactive status shall be required to pay the current
2renewal fee and shall be required to restore the reporter's
3his certificate, as provided in Section 14.
4    Any certified shorthand reporter whose certificate is in
5an inactive status shall not practice shorthand reporting in
6the State of Illinois.
7(Source: P.A. 98-445, eff. 12-31-13.)
 
8    (225 ILCS 415/16)  (from Ch. 111, par. 6216)
9    (Section scheduled to be repealed on January 1, 2025)
10    Sec. 16. Endorsement; licensure without examination. The
11Department may certify as a certified shorthand reporter,
12without examination, on payment of the required fee, an
13applicant who is a certified shorthand reporter registered
14under the laws of another jurisdiction, if the requirements
15for certification of certified shorthand reporters in that
16jurisdiction were, at the date of his certification,
17substantially equivalent to the requirements in force in this
18State on that date.
19    Applicants have 3 years from the date of application to
20complete the application process. If the process has not been
21completed in 3 years, the application shall be denied, the fee
22forfeited, and the applicant must reapply and meet the
23requirements in effect at the time of reapplication.
24(Source: P.A. 98-445, eff. 12-31-13.)
 

 

 

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1    (225 ILCS 415/17)  (from Ch. 111, par. 6217)
2    (Section scheduled to be repealed on January 1, 2025)
3    Sec. 17. Fees; returned checks.
4    (a) The fees for the administration and enforcement of
5this Act, including, but not limited to, original
6certification, renewal, and restoration of a license issued
7under this Act, shall be set by rule. The fees shall be
8nonrefundable.
9    (b) All fees, fines, and penalties collected under this
10Act shall be deposited into the General Professions Dedicated
11Fund and shall be appropriated to the Department for the
12ordinary and contingent expenses of the Department in the
13administration of this Act.
14    (c) Any person who delivers a check or other payment to the
15Department that is returned to the Department unpaid by the
16financial institution upon which it is drawn shall pay to the
17Department, in addition to the amount already owed to the
18Department, a fine of $50. The fines imposed by this Section
19are in addition to any other discipline provided under this
20Act prohibiting unlicensed practice or practice on a
21nonrenewed license. The Department shall notify the person
22that payment of fees and fines shall be paid to the Department
23by certified check or money order within 30 calendar days of
24the notification. If, after the expiration of 30 days from the
25date of the notification, the person has failed to submit the
26necessary remittance, the Department shall automatically

 

 

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1terminate the license or certificate or deny the application,
2without hearing. If, after termination or denial, the person
3seeks a license or certificate, the person he or she shall
4apply to the Department for restoration or issuance of the
5license or certificate and pay all fees and fines due to the
6Department. The Department may establish a fee for the
7processing of an application for restoration of a license or
8certificate to pay all expenses of processing this
9application. The Secretary may waive the fines due under this
10Section in individual cases where the Secretary finds that the
11fines would be unreasonable or unnecessarily burdensome.
12(Source: P.A. 98-445, eff. 12-31-13.)
 
13    (225 ILCS 415/19)  (from Ch. 111, par. 6219)
14    (Section scheduled to be repealed on January 1, 2025)
15    Sec. 19. Advertising. Any person certified under this Act
16may advertise the availability of professional services in the
17public media or on the premises where such professional
18services are rendered as permitted by law, on the condition
19that such advertising is truthful and not misleading and is in
20conformity with rules promulgated by the Department.
21Advertisements shall not include false, fraudulent, deceptive,
22or misleading material or guarantees of success.
23Advertisements shall also not include any offers of any gift
24or item of value to attorneys or the attorneys' their staff or
25any other persons or entities associated with any litigation.

 

 

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1(Source: P.A. 98-445, eff. 12-31-13.)
 
2    (225 ILCS 415/23)  (from Ch. 111, par. 6223)
3    (Section scheduled to be repealed on January 1, 2025)
4    Sec. 23. Grounds for disciplinary action.
5    (a) The Department may refuse to issue or renew, or may
6revoke, suspend, place on probation, reprimand, or take other
7disciplinary or non-disciplinary action as the Department may
8deem appropriate, including imposing fines not to exceed
9$10,000 for each violation and the assessment of costs as
10provided for in Section 23.3 of this Act, with regard to any
11license for any one or combination of the following:
12        (1) Material misstatement in furnishing information to
13    the Department;
14        (2) Violations of this Act, or of the rules
15    promulgated thereunder;
16        (3) Conviction by plea of guilty or nolo contendere,
17    finding of guilt, jury verdict, or entry of judgment or by
18    sentencing of any crime, including, but not limited to,
19    convictions, preceding sentences of supervision,
20    conditional discharge, or first offender probation under
21    the laws of any jurisdiction of the United States: (i)
22    that is a felony or (ii) that is a misdemeanor, an
23    essential element of which is dishonesty, or that is
24    directly related to the practice of the profession;
25        (4) Fraud or any misrepresentation in applying for or

 

 

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1    procuring a license under this Act or in connection with
2    applying for renewal of a license under this Act;
3        (5) Professional incompetence;
4        (6) Aiding or assisting another person, firm,
5    partnership, or corporation in violating any provision of
6    this Act or rules;
7        (7) Failing, within 60 days, to provide information in
8    response to a written request made by the Department;
9        (8) Engaging in dishonorable, unethical, or
10    unprofessional conduct of a character likely to deceive,
11    defraud, or harm the public;
12        (9) Habitual or excessive use or abuse of drugs
13    defined in law as controlled substances, alcohol, or any
14    other substances that results in the inability to practice
15    with reasonable judgment, skill, or safety;
16        (10) Discipline by another state, unit of government,
17    government agency, the District of Columbia, a territory,
18    or foreign nation, if at least one of the grounds for the
19    discipline is the same or substantially equivalent to
20    those set forth herein;
21        (11) Charging for professional services not rendered,
22    including filing false statements for the collection of
23    fees for which services were not rendered, or giving,
24    directly or indirectly, any gift or anything of value to
25    attorneys or the attorneys' their staff or any other
26    persons or entities associated with any litigation, that

 

 

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1    exceeds $100 total per year; for the purposes of this
2    Section, pro bono services, as defined by State law, are
3    permissible in any amount;
4        (12) A finding by the Board that the certificate
5    holder, after having the his certificate placed on
6    probationary status, has violated the terms of probation;
7        (13) Willfully making or filing false records or
8    reports in the practice of shorthand reporting, including,
9    but not limited to, false records filed with State
10    agencies or departments;
11        (14) Physical illness, including, but not limited to,
12    deterioration through the aging process, or loss of motor
13    skill which results in the inability to practice under
14    this Act with reasonable judgment, skill, or safety;
15        (15) Solicitation of professional services other than
16    by permitted advertising;
17        (16) Willful failure to take full and accurate
18    stenographic notes of any proceeding;
19        (17) Willful alteration of any stenographic notes
20    taken at any proceeding;
21        (18) Willful failure to accurately transcribe verbatim
22    any stenographic notes taken at any proceeding;
23        (19) Willful alteration of a transcript of
24    stenographic notes taken at any proceeding;
25        (20) Affixing one's signature to any transcript of his
26    stenographic notes or certifying to its correctness unless

 

 

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1    the transcript has been prepared by the stenographer him
2    or under the stenographer's his immediate supervision;
3        (21) Willful failure to systematically retain
4    stenographic notes or transcripts on paper or any
5    electronic media for 10 years from the date that the notes
6    or transcripts were taken;
7        (22) Failure to deliver transcripts in a timely manner
8    or in accordance with contractual agreements;
9        (23) Establishing contingent fees as a basis of
10    compensation;
11        (24) Mental illness or disability that results in the
12    inability to practice under this Act with reasonable
13    judgment, skill, or safety;
14        (25) Practicing under a false or assumed name, except
15    as provided by law;
16        (26) Cheating on or attempting to subvert the
17    licensing examination administered under this Act;
18        (27) Allowing one's license under this Act to be used
19    by an unlicensed person in violation of this Act.
20    All fines imposed under this Section shall be paid within
2160 days after the effective date of the order imposing the fine
22or in accordance with the terms set forth in the order imposing
23the fine.
24    (b) The determination by a circuit court that a
25certificate holder is subject to involuntary admission or
26judicial admission as provided in the Mental Health and

 

 

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

 

 

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

 

 

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

 

 

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1approved or designated by the Department, as a condition for
2continued, reinstated, or renewed certification.
3    When the Secretary immediately suspends a certificate
4under this Section, a hearing upon the person's certificate
5must be convened by the Department within 15 days after the
6suspension and completed without appreciable delay. The
7Department shall have the authority to review the certified
8shorthand reporter's record of treatment and counseling
9regarding the impairment, to the extent permitted by
10applicable federal statutes and regulations safeguarding the
11confidentiality of medical records.
12    An individual Individuals certified under this Act,
13affected under this Section, shall be afforded an opportunity
14to demonstrate to the Department that they can resume practice
15in compliance with acceptable and prevailing standards under
16the provisions of the individual's their certification.
17    (e) (Blank).
18    (f) The Department may refuse to issue or may suspend
19without hearing, as provided for in the Code of Civil
20Procedure, the license of any person who fails to file a
21return, to pay the tax, penalty, or interest shown in a filed
22return, or to pay any final assessment of tax, penalty, or
23interest as required by any tax Act administered by the
24Illinois Department of Revenue, until such time as the
25requirements of any such tax Act are satisfied in accordance
26with subsection (g) of Section 2105-15 of the Civil

 

 

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1Administrative Code of Illinois.
2(Source: P.A. 100-872, eff. 8-14-18.)
 
3    (225 ILCS 415/23.1)  (from Ch. 111, par. 6224)
4    (Section scheduled to be repealed on January 1, 2025)
5    Sec. 23.1. Injunctive actions; order to cease and desist.
6    (a) If any person violates the provisions of this Act, the
7Secretary may, in the name of the People of the State of
8Illinois, through the Attorney General of the State of
9Illinois or the State's Attorney of the county in which the
10violation is alleged to have occurred, petition for an order
11enjoining such violation or for an order enforcing compliance
12with this Act. Upon the filing of a verified petition in such
13court, the court may issue a temporary restraining order,
14without notice or bond, and may preliminarily and permanently
15enjoin such violation. If it is established that such person
16has violated or is violating the injunction, the court may
17punish the offender for contempt of court. Proceedings under
18this Section shall be in addition to, and not in lieu of, all
19other remedies and penalties provided by this Act.
20    (b) If any person practices as a certified shorthand
21reporter or holds oneself himself or herself out as a
22certified shorthand reporter without being licensed under the
23provisions of this Act then any certified shorthand reporter,
24any interested party or any person injured thereby may, in
25addition to the Secretary, petition for relief as provided in

 

 

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1subsection (a).
2    (c) Whenever in the opinion of the Department any person
3violates any provision of this Act, the Department may issue a
4rule to show cause why an order to cease and desist should not
5be entered against that individual. The rule shall clearly set
6forth the grounds relied upon by the Department and shall
7provide a period of 7 days from the date of the rule to file an
8answer to the satisfaction of the Department. Failure to
9answer to the satisfaction of the Department shall cause an
10order to cease and desist to be issued forthwith.
11(Source: P.A. 98-445, eff. 12-31-13.)
 
12    (225 ILCS 415/23.2)  (from Ch. 111, par. 6225)
13    (Section scheduled to be repealed on January 1, 2025)
14    Sec. 23.2. Investigations; notice and hearing. The
15Department may investigate the actions of any applicant or of
16any person or persons holding or claiming to hold a
17certificate. The Department shall, before refusing to issue or
18renew, or taking disciplinary action against, a certificate,
19at least 30 days prior to the date set for the hearing, notify
20in writing the applicant for, or holder of, a certificate of
21the nature of the charges and the time and place for a hearing
22on the charges. The Department shall direct the applicant or
23licensee to file a written answer to the charges with the Board
24under oath within 20 days after the service of the notice and
25inform the applicant or licensee that failure to file an

 

 

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1answer will result in default being taken against the
2applicant or licensee. At the time and place fixed in the
3notice, the Department shall proceed to hear the charges and
4the parties or the parties' their counsel shall be accorded
5ample opportunity to present any pertinent statements,
6testimony, evidence, and arguments. The Department may
7continue the hearing from time to time. In case the person,
8after receiving the notice, fails to file an answer, the his or
9her license may, in the discretion of the Department, be
10revoked, suspended, or placed on probationary status or the
11Department may take whatever disciplinary action considered
12proper, including limiting the scope, nature, or extent of the
13person's practice or the imposition of a fine, without a
14hearing, if the act or acts charged constitute sufficient
15grounds for that action under this Act. The written notice and
16any notice in the subsequent proceeding may be served by
17regular registered or certified mail to the licensee's address
18of record or by electronic mail to the licensee's email
19address of record.
20(Source: P.A. 98-445, eff. 12-31-13.)
 
21    (225 ILCS 415/23.4)  (from Ch. 111, par. 6227)
22    (Section scheduled to be repealed on January 1, 2025)
23    Sec. 23.4. Subpoenas; oaths. The Department may subpoena
24and bring before it any person and to take the oral or written
25testimony or compel the production of any books, papers,

 

 

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1records, or any other documents that the Secretary or the
2Secretary's his or her designee deems relevant or material to
3an investigation or hearing conducted by the Department with
4the same fees and mileage and in the same manner as prescribed
5by law in judicial procedure in civil cases in courts of this
6State.
7    The Secretary, the designated hearing officer, any member
8of the Board, or a certified shorthand court reporter may have
9power to administer oaths at any hearing which the Department
10conducts. Notwithstanding any other statute or Department rule
11to the contrary, all requests for testimony and production of
12documents or records shall be in accordance with this Act.
13(Source: P.A. 98-445, eff. 12-31-13.)
 
14    (225 ILCS 415/23.6)  (from Ch. 111, par. 6229)
15    (Section scheduled to be repealed on January 1, 2025)
16    Sec. 23.6. Board report. At the conclusion of the hearing
17the Board shall present to the Secretary a written report of
18its findings of fact, conclusions of law, and recommendations.
19The report shall contain a finding whether or not the accused
20person violated this Act or failed to comply with the
21conditions required in this Act. The Board shall specify the
22nature of the violation or failure to comply, and shall make
23its recommendations to the Secretary. The report of findings
24of fact, conclusions of law, and recommendations of the Board
25shall be the basis for the Secretary's Department's action

 

 

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1regarding a certificate. If the Secretary disagrees in any
2regard with the report of the Board, the Secretary he may issue
3an order in contravention thereof. The finding is not
4admissible in evidence against the person in a criminal
5prosecution brought for the violation of this Act, but the
6hearing and findings are not a bar to a criminal prosecution
7brought for the violation of this Act.
8(Source: P.A. 98-445, eff. 12-31-13.)
 
9    (225 ILCS 415/23.7)  (from Ch. 111, par. 6230)
10    (Section scheduled to be repealed on January 1, 2025)
11    Sec. 23.7. Motion for rehearing. In any hearing involving
12the refusal to issue or renew, or the taking of disciplinary
13action against, a certificate, a copy of the Board's report
14shall be served upon the respondent by the Department as
15provided in this Act for the service of the notice of hearing.
16Within 20 days after such service, the respondent may present
17to the Secretary Department a motion in writing for a
18rehearing, which motion shall specify the particular grounds
19therefor. If no motion for rehearing is filed, then upon the
20expiration of the time specified for filing such a motion, or
21if a motion for rehearing is denied, then upon such denial the
22Secretary may enter an order in accordance with
23recommendations of the Board except as provided in Section
2423.6. If the respondent shall order from the reporting
25service, and pay for a transcript of the record within the time

 

 

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1for filing a motion for rehearing, the 20 day period within
2which such a motion may be filed shall commence upon the
3delivery of the transcript to the respondent.
4(Source: P.A. 98-445, eff. 12-31-13.)
 
5    (225 ILCS 415/23.9)  (from Ch. 111, par. 6232)
6    (Section scheduled to be repealed on January 1, 2025)
7    Sec. 23.9. Hearing officers, reports, and review. The
8Secretary shall have the authority to appoint any attorney
9duly licensed to practice law in the State of Illinois to serve
10as the hearing officer in any action involving a refusal to
11issue or renew, or the taking of disciplinary action against a
12certificate. The hearing officer shall have full authority to
13conduct the hearing. The hearing officer shall report the
14hearing officer's his or her findings of fact, conclusions of
15law, and recommendations to the Board and the Secretary. The
16Board shall have 60 days from receipt of the report to review
17the report of the hearing officer and present the Board's
18their findings of fact, conclusions of law, and
19recommendations to the Secretary. If the Board fails to
20present its report within the 60 day period, the Secretary may
21issue an order based on the report of the hearing officer. If
22the Secretary disagrees with the report of the Board or
23hearing officer, the Secretary he may issue an order in
24contravention thereof.
25(Source: P.A. 98-445, eff. 12-31-13.)
 

 

 

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1    (225 ILCS 415/23.15)  (from Ch. 111, par. 6238)
2    (Section scheduled to be repealed on January 1, 2025)
3    Sec. 23.15. Certification of record; receipt. The
4Department shall not be required to certify any record to the
5court or file any answer in court or otherwise appear in any
6court in a judicial review proceeding, unless and until the
7Department has received from the plaintiff payment of the
8costs of furnishing and certifying the record, which costs
9shall be determined by the Department. Exhibits shall be
10certified without cost. Failure on the part of the plaintiff
11to file a receipt in court shall be grounds for dismissal of
12the action.
13(Source: P.A. 98-445, eff. 12-31-13.)
 
14    (225 ILCS 415/24)  (from Ch. 111, par. 6240)
15    (Section scheduled to be repealed on January 1, 2025)
16    Sec. 24. Administrative Procedure Act. The Illinois
17Administrative Procedure Act is hereby expressly adopted and
18incorporated herein as if all of the provisions of that Act
19were included in this Act, except that the provision of
20subsection (d) of Section 10-65 of the Illinois Administrative
21Procedure Act that provides that at hearings the certificate
22holder has the right to show compliance with all lawful
23requirements for retention, continuation
, or renewal of
24certification is specifically excluded. For the purpose of

 

 

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1this Act the notice required under Section 10-25 of the
2Illinois Administrative Procedure Act is deemed sufficient
3when mailed to the last known address of record or email
4address of record.
5(Source: P.A. 98-445, eff. 12-31-13.)
 
6    (225 ILCS 415/26)  (from Ch. 111, par. 6242)
7    (Section scheduled to be repealed on January 1, 2025)
8    Sec. 26. Every shorthand reporter shall print the
9reporter's his or her name and license or restricted license
10number on each transcript reported.
11(Source: P.A. 87-481; 87-576.)
 
12    (225 ILCS 415/26.1)
13    (Section scheduled to be repealed on January 1, 2025)
14    Sec. 26.1. Responsibility for notes. It is the licensee's
15responsibility to preserve the licensee's his or her shorthand
16notes for a period of no less than 10 years from the date that
17the notes or transcripts were taken, except as otherwise
18prescribed by law, through storage of the original paper notes
19or an electronic copy of either the shorthand notes or the
20English transcript of the notes on computer disks, cassettes,
21backup tape systems, optical or laser disk systems, or other
22retrieval systems available at the time that the notes or
23transcripts were taken.
24(Source: P.A. 98-445, eff. 12-31-13.)
 

 

 

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1    (225 ILCS 415/18 rep.)
2    Section 15. The Illinois Certified Shorthand Reporters Act
3of 1984 is amended by repealing Section 18.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.35
4    5 ILCS 80/4.40
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.