Full Text of SB0657 101st General Assembly
SB0657enr 101ST 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 changing | 5 | | Section 4.30 and by adding Section 4.40 as follows: | 6 | | (5 ILCS 80/4.30) | 7 | | Sec. 4.30. Acts repealed on January 1, 2020. The following | 8 | | Acts are repealed on January 1, 2020: | 9 | | The Auction License Act. | 10 | | The Community Association Manager Licensing and | 11 | | Disciplinary Act. | 12 | | The Illinois Architecture Practice Act of 1989. | 13 | | The Illinois Landscape Architecture Act of 1989. | 14 | | The Illinois Professional Land Surveyor Act of 1989. | 15 | | The Orthotics, Prosthetics, and Pedorthics Practice Act. | 16 | | The Perfusionist Practice Act.
| 17 | | The Pharmacy Practice Act. | 18 | | The Professional Engineering Practice Act of 1989. | 19 | | The Real Estate License Act of 2000. | 20 | | The Structural Engineering Practice Act of 1989. | 21 | | (Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17; | 22 | | 100-863, eff. 8-14-18.) |
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| 1 | | (5 ILCS 80/4.40 new) | 2 | | Sec. 4.40. Act repealed on January 1, 2030. The following | 3 | | Act is repealed on January 1, 2030: | 4 | | The Structural Engineering Practice Act of 1989. | 5 | | Section 10. The Structural Engineering Practice Act of 1989 | 6 | | is amended by changing Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, | 7 | | 12, 14, 14.5, 15, 16, 17, 18, 19, 20, 20.5, 21, 22, 23, 24, 25, | 8 | | 26, 27, 28, 29, 30, 31, 32, 35, and 36 and by adding Sections | 9 | | 4.10, 5.5, 12.5, 15.5, 17.5, and 32.5 as follows:
| 10 | | (225 ILCS 340/1) (from Ch. 111, par. 6601)
| 11 | | (Section scheduled to be repealed on January 1, 2020)
| 12 | | Sec. 1.
The practice of structural engineering Structural | 13 | | Engineering in the State of
Illinois is hereby declared to | 14 | | affect the public health, safety , and welfare
and to be subject | 15 | | to regulation and control in the public interest. It is
further | 16 | | declared to be a matter of public interest and concern that the
| 17 | | practice of structural engineering, Structural Engineering as | 18 | | defined in this Act, merit and
receive the confidence of the | 19 | | public, that only qualified persons be
authorized to practice | 20 | | structural engineering Structural Engineering in the State of | 21 | | Illinois.
This Act shall be liberally construed to best carry | 22 | | out these subjects
and purposes.
| 23 | | (Source: P.A. 86-711 .)
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| 1 | | (225 ILCS 340/3) (from Ch. 111, par. 6603)
| 2 | | (Section scheduled to be repealed on January 1, 2020)
| 3 | | Sec. 3. Exemptions. The following persons are exempt from | 4 | | the operation of this Act:
| 5 | | (a) Draftsmen, students, clerks of work, superintendents , | 6 | | and other
employees of licensed
structural engineers Licensed | 7 | | Structural Engineers when acting under the immediate
personal | 8 | | supervision of their employers; and
| 9 | | (b) Superintendents of construction in the pay of the owner | 10 | | when acting
under the immediate personal supervision of a | 11 | | licensed
structural engineer Licensed Structural
Engineer .
| 12 | | Persons licensed to practice structural engineering in | 13 | | this State
are exempt from the operation of any Act in force in | 14 | | this State relating to the
regulation of the practice of | 15 | | architecture Architecture .
| 16 | | (Source: P.A. 86-711 .)
| 17 | | (225 ILCS 340/4) (from Ch. 111, par. 6604)
| 18 | | (Section scheduled to be repealed on January 1, 2020)
| 19 | | Sec. 4. Definitions. In this Act:
| 20 | | (a) "Address of record" means the designated address | 21 | | recorded by the Department in the applicant's or licensee's | 22 | | application file or license file maintained by the Department's | 23 | | licensure maintenance unit. It is the duty of the applicant or | 24 | | licensee to inform the Department of any change of address, and | 25 | | such changes must be made either through the Department's |
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| 1 | | website or by directly contacting the Department. | 2 | | (b) "Department" means the Department of Financial and | 3 | | Professional Regulation.
| 4 | | (c) "Secretary" means the Secretary of the Department of | 5 | | Financial and Professional
Regulation.
| 6 | | (d) "Board" means the Structural Engineering Board | 7 | | appointed by the
Secretary.
| 8 | | (e) "Negligence in the practice of structural engineering" | 9 | | means the
failure to exercise that degree of reasonable | 10 | | professional skill, judgment
and diligence normally rendered | 11 | | by structural engineers in the
practice of structural | 12 | | engineering.
| 13 | | (f) "Structural engineer intern" means a person who is a | 14 | | candidate for
licensure as a structural engineer and who has | 15 | | been enrolled as a structural
engineer intern.
| 16 | | (g) "Structural engineer" means a person licensed under the | 17 | | laws of the
State of Illinois to practice structural | 18 | | engineering.
| 19 | | (h) "Email address of record" means the designated email | 20 | | address recorded by the Department in the applicant's file or | 21 | | the licensee's license file, as maintained by the Department's | 22 | | licensure maintenance unit. | 23 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 24 | | (225 ILCS 340/4.10 new) | 25 | | Sec. 4.10. Address of record; email address of record. All |
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| 1 | | applicants and licensees shall: | 2 | | (1) provide a valid address and email address to the | 3 | | Department, which shall serve as the address of record and | 4 | | email address of record, respectively, at the time of | 5 | | application for licensure or renewal of a license; and | 6 | | (2) inform the Department of any change of address of | 7 | | record or email address of record within 14 days after such | 8 | | change either through the Department's website or by | 9 | | contacting the Department's licensure maintenance unit.
| 10 | | (225 ILCS 340/5) (from Ch. 111, par. 6605)
| 11 | | (Section scheduled to be repealed on January 1, 2020)
| 12 | | Sec. 5. Practice of structural engineering. A person shall | 13 | | be regarded as practicing structural engineering
within the | 14 | | meaning of this Act who is engaged in the design, analysis, or | 15 | | supervision of the construction, enlargement or alteration of | 16 | | structures,
or any part thereof, for others, to be constructed | 17 | | by persons other than
himself or herself . Structures within the | 18 | | meaning of this Act are all structures
having as essential | 19 | | features foundations, columns, girders, trusses,
arches or | 20 | | beams, with or without other parts, and in which safe design | 21 | | and
construction require that loads and stresses must be | 22 | | computed and the size
and strength of parts determined by | 23 | | mathematical calculations based upon
scientific principles and | 24 | | engineering data. Nothing in this Section imposes upon a person | 25 | | licensed under this Act the responsibility for the performance |
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| 1 | | of any acts or practice unless such person specifically | 2 | | contracts to provide it. Nothing in this Section precludes an | 3 | | employee from acting under the direct supervision or | 4 | | responsible charge of a licensed structural engineer. A person | 5 | | shall also be regarded
as practicing structural engineering | 6 | | within the meaning of this Act who is
engaged as a principal in | 7 | | the design, analysis, or supervision of the construction
of | 8 | | structures or of the structural part of edifices designed | 9 | | solely for the
generation of electricity; or for the hoisting, | 10 | | cleaning, sizing or storing
of coal, cement, sand, grain, | 11 | | gravel or similar materials; elevators;
manufacturing plants; | 12 | | docks; bridges; blast furnaces; rolling mills; gas
producers | 13 | | and reservoirs; smelters; dams; reservoirs; waterworks; | 14 | | sanitary
works as applied to the purification of water; plants | 15 | | for waste and sewage
disposal; round houses for locomotives; | 16 | | railroad shops; pumping or power
stations for drainage | 17 | | districts; or power houses, even though such
structures may | 18 | | come within the definition of "buildings" as defined in any
Act | 19 | | in force in this State relating to the regulation of the | 20 | | practice of
architecture.
| 21 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 22 | | (225 ILCS 340/5.5 new) | 23 | | Sec. 5.5. Technical submissions. | 24 | | (a) As used in this Section, "technical submissions" | 25 | | include the designs, drawings, and specifications that
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| 1 | | establish the scope of the structural engineering project, the | 2 | | standard of quality for materials,
workmanship, equipment, and | 3 | | construction systems, and the
studies and other technical | 4 | | reports and calculations prepared
in the course of the practice | 5 | | of structural engineering. | 6 | | (b) All technical submissions intended for use related to | 7 | | services involving a structural engineer
in the State of | 8 | | Illinois shall be prepared and
administered in accordance with | 9 | | standards of reasonable
professional skill and diligence. Care | 10 | | shall be taken to
reflect the requirements of State statutes | 11 | | and, where
applicable, county and municipal building | 12 | | ordinances in such
submissions. In recognition that structural | 13 | | engineers are
licensed for the protection of the public health, | 14 | | safety, and
welfare, submissions shall be of such quality and | 15 | | scope, and be
so administered, as to conform to professional | 16 | | standards. | 17 | | (c) No officer, board, commission, or other public entity | 18 | | that receives technical submissions shall accept for filing or | 19 | | approval any technical submissions relating to services | 20 | | requiring the involvement of a structural engineer that do not | 21 | | bear the seal and signature of a structural engineer licensed | 22 | | under this Act. | 23 | | (d) It is unlawful to affix one's seal to technical | 24 | | submissions if it masks the true identity of the person who | 25 | | actually exercised responsible control of the preparation of | 26 | | such work. A structural engineer who seals and signs technical |
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| 1 | | submissions is not responsible for damage caused by subsequent | 2 | | changes to or uses of those technical submissions where the | 3 | | subsequent changes or uses, including changes or uses made by | 4 | | State or local governmental agencies, are not authorized or | 5 | | approved in writing by the structural engineer who originally | 6 | | sealed and signed the technical submissions.
| 7 | | (225 ILCS 340/6) (from Ch. 111, par. 6606)
| 8 | | (Section scheduled to be repealed on January 1, 2020)
| 9 | | Sec. 6. Powers and duties of the Department. The Department | 10 | | shall, subject to the provisions of this Act, exercise the | 11 | | following functions, powers, and duties The Department of | 12 | | Financial and Professional Regulation shall exercise the
| 13 | | following functions, powers and duties subject to the | 14 | | provisions of this Act :
| 15 | | (1) Authorize To conduct examinations to ascertain the | 16 | | qualifications and fitness and qualifications of
| 17 | | applicants for licensure as licensed structural engineers, | 18 | | and pass upon the
qualifications and fitness of applicants | 19 | | for licensure by endorsement.
| 20 | | (2) Adopt rules required for the administration of this | 21 | | Act To prescribe rules for a method of examination of
| 22 | | candidates .
| 23 | | (3) Adopt To prescribe rules to establish what | 24 | | constitutes an approved a structural engineering or | 25 | | related science curriculum , to determine if a specific |
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| 1 | | curriculum qualifies as a structural engineering or | 2 | | related science curriculum, and to terminate the | 3 | | Department's approval of any curriculum as a structural | 4 | | engineering or related science curriculum for | 5 | | non-compliance with such rules.
| 6 | | (3.5) Adopt rules for approved experience To register | 7 | | corporations, partnerships, professional service
| 8 | | corporations, limited liability companies, and sole | 9 | | proprietorships for the
practice of structural engineering | 10 | | and issue a license to those who qualify .
| 11 | | (4) Conduct hearings on proceedings to refuse to issue | 12 | | or renew licenses or to revoke, suspend, place on | 13 | | probation, or reprimand persons or entities licensed or | 14 | | registered under this Act To investigate complaints, to | 15 | | conduct oral interviews, disciplinary
conferences, and | 16 | | formal evidentiary hearings on proceedings to refuse to
| 17 | | issue, renew or restore, or to suspend or revoke a license, | 18 | | or to place on
probation or reprimand a licensee for | 19 | | reasons set forth in Section 20 of this
Act .
| 20 | | (5) Issue licenses to those who meet the requirements | 21 | | of this Act To formulate rules necessary to carry out the | 22 | | provisions of this Act .
| 23 | | (6) Maintain To maintain membership in a national | 24 | | organization that provides an
acceptable structural | 25 | | engineering examination and participate in activities of
| 26 | | the organization by designation of individuals for the |
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| 1 | | various classifications
of membership and the appointment | 2 | | of delegates for attendance at regional and
national | 3 | | meetings of the organization. All costs associated with | 4 | | membership
and attendance of such delegates to any national | 5 | | meetings may be funded from
the Design Professionals | 6 | | Administration and Investigation Fund.
| 7 | | (7) Review To review such applicant qualifications to | 8 | | sit for the examination or for licensure that the Board | 9 | | designates pursuant to Section 8 of this Act. | 10 | | (8) Conduct investigations related to possible | 11 | | violations of this Act. | 12 | | (9) Post on the Department's website a newsletter | 13 | | describing the most recent changes in this Act and the | 14 | | rules adopted under this Act and containing information of | 15 | | any final disciplinary action that has been ordered under | 16 | | this Act since the date of the last newsletter. | 17 | | Upon the issuance of any final decision or order that | 18 | | deviates from any report or recommendation of the Board | 19 | | relating to the qualification of applicants, discipline of | 20 | | licensees or registrants, or adoption of rules, the Secretary | 21 | | may notify the Board on any such deviation and may specify with | 22 | | particularity the reasons for such action in the final decision | 23 | | or order. The Department may, at any time, seek the expert | 24 | | advice and knowledge of the Board on any matter relating to the | 25 | | enforcement of this Act. | 26 | | Prior to issuance of any final decision or order
that |
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| 1 | | deviates from any report or recommendation of the Board | 2 | | relating to
the qualification of applicants, discipline of | 3 | | licensees or registrants, or
promulgation of rules, the | 4 | | Secretary shall notify the Board and the Secretary of
State in | 5 | | writing with an explanation of any such deviation and provide a
| 6 | | reasonable time for the Board to submit comments to the | 7 | | Secretary
regarding the action. In the event that the Board | 8 | | fails or declines
to submit such comments within 30 days of | 9 | | said notification, the Secretary
may issue a final decision or | 10 | | order consistent with the Secretary's
original decision.
| 11 | | Whenever the Secretary is not satisfied that substantial | 12 | | justice has been done in an examination, the Secretary may | 13 | | order a reexamination by the same or other examiners. | 14 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 15 | | (225 ILCS 340/7) (from Ch. 111, par. 6607)
| 16 | | (Section scheduled to be repealed on January 1, 2020)
| 17 | | Sec. 7. Board. | 18 | | (a) The Secretary shall appoint a Structural Engineering | 19 | | Board . The Board ,
which shall consist of 7 members who shall | 20 | | serve in an advisory capacity to the Secretary . All shall be | 21 | | residents of Illinois. Six members shall (i) currently hold a | 22 | | valid license as a be Illinois licensed
structural engineer in | 23 | | Illinois and shall have held the license under this Act for the | 24 | | previous 10-year period and (ii) have not been disciplined | 25 | | within the last 10-year period under this Act engineers, who |
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| 1 | | have been engaged in the practice of structural
engineering for | 2 | | a minimum of 10 years, and one shall be a public member .
In | 3 | | addition to the 6 structural engineers, there shall be one | 4 | | public member. The public member shall be a voting member and | 5 | | shall not hold a license under this Act or any other design | 6 | | profession licensing Act that the Department administers as
an | 7 | | architect, professional engineer, structural engineer or land | 8 | | surveyor .
| 9 | | (b) Board members Members shall serve 5 year terms and | 10 | | until their successors are appointed
and qualified.
| 11 | | (c) In appointing members of the Board making the | 12 | | designation of persons to act , the Secretary shall give due
| 13 | | consideration to recommendations by members of the profession | 14 | | and by
organizations of the structural engineering profession.
| 15 | | (d) The membership of the Board should reasonably reflect | 16 | | representation from
the geographic areas in this State.
| 17 | | (e) No member shall be reappointed to the Board for a term | 18 | | which would cause
his or her continuous service on the Board to | 19 | | be longer than 2 consecutive 5-year terms 15
years in a | 20 | | lifetime .
| 21 | | (f) Appointments to fill vacancies shall be made in the | 22 | | same manner as
original appointments, for the unexpired portion | 23 | | of the vacated term.
Initial terms under this Act shall begin | 24 | | upon the expiration of the terms
of Committee members appointed | 25 | | under The Illinois Structural Engineering Act.
| 26 | | Persons holding office as members of the Board under
this |
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| 1 | | Act on the effective date of
this Act shall serve
as members of | 2 | | the Board under this Act
until
the expiration of the term for | 3 | | which they were appointed and until their
successors are | 4 | | appointed and qualified under this Act.
| 5 | | (g) Four members of the Board shall constitute a quorum. A | 6 | | quorum is required for Board decisions.
| 7 | | (h) The Secretary may remove any member of the Board for | 8 | | misconduct, incompetence, or neglect of duty or for reasons | 9 | | prescribed by law for removal of State officials. The Secretary | 10 | | may remove a member of the Board who does not attend 2 | 11 | | consecutive meetings. The Secretary may terminate the | 12 | | appointment of any member for cause which
in the opinion of the | 13 | | Secretary reasonably justifies such termination,
which may | 14 | | include, but is not limited to, a Board member who does not | 15 | | attend
2 consecutive meetings.
| 16 | | (i) Notice of proposed rulemaking shall be transmitted to | 17 | | the Board and the
Department shall review the response of the | 18 | | Board and any recommendations
made therein. The Department may, | 19 | | at any time, seek the expert advice and
knowledge of the Board | 20 | | on any matter relating to the administration or
enforcement of | 21 | | this Act.
| 22 | | (j) Members of the Board shall have no liability in any | 23 | | action based upon disciplinary proceedings or other activity | 24 | | performed in good faith as members of the Board be immune from | 25 | | suit in any action based upon
any disciplinary proceedings or | 26 | | other activities performed in good faith as
members of the |
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| 1 | | Board .
| 2 | | (k) Members of the Board shall be reimbursed for all | 3 | | legitimate, necessary, and authorized expenses. Each member of | 4 | | the Board may receive compensation as determined by the | 5 | | Secretary.
| 6 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 7 | | (225 ILCS 340/8) (from Ch. 111, par. 6608)
| 8 | | (Section scheduled to be repealed on January 1, 2020)
| 9 | | Sec. 8. Powers and duties of the Board. Subject to the | 10 | | provisions of this Act, the Board shall exercise the following | 11 | | functions, powers, and duties: The Board has the following | 12 | | powers and duties:
| 13 | | (a) The Board shall hold at least 3 regular meetings | 14 | | each year; all meetings of the Board shall be conducted in | 15 | | accordance with the Open Meetings Act;
| 16 | | (b) The Board shall annually elect a Chairperson and a | 17 | | Vice Chairperson,
both of whom shall be Illinois licensed
| 18 | | structural engineers;
| 19 | | (c) The Board, upon request by the Department, may make | 20 | | a curriculum
evaluation or utilize a nationally certified | 21 | | evaluation service to determine if courses conform to | 22 | | requirements of approved
engineering programs;
| 23 | | (d) (Blank) The Department may at any time seek the | 24 | | expert advice and knowledge of
the Board on any matter | 25 | | relating to the enforcement of this Act ;
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| 1 | | (e) The Board may appoint a subcommittee to serve as a | 2 | | Complaint Committee
to recommend the disposition of case | 3 | | files according to procedures established
by rule;
| 4 | | (f) The Board shall assist the Department in conducting | 5 | | oral interviews,
disciplinary conferences, informal | 6 | | conferences, and formal evidentiary hearings; and
| 7 | | (g) The Board shall review applicant qualifications to | 8 | | sit for the
examination or for licensure and shall make | 9 | | recommendations to the
Department except for those | 10 | | applicant qualifications that the Board designates as | 11 | | routinely acceptable . , and the Department shall review the | 12 | | Board's
recommendations on
applicant qualifications; and
| 13 | | (h) The Board may submit comments to the Secretary | 14 | | within a reasonable time
from notification of any final | 15 | | decision or order from the Secretary that
deviates from any | 16 | | report or recommendation of the Board relating to the
| 17 | | qualification of applicants, discipline of licensees or | 18 | | registrants, unlicensed practice, or
promulgation of | 19 | | rules.
| 20 | | The Department may, at any time, seek the expert advice and | 21 | | knowledge of
the Board on any matter relating to the | 22 | | enforcement of this Act. | 23 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 24 | | (225 ILCS 340/9) (from Ch. 111, par. 6609)
| 25 | | (Section scheduled to be repealed on January 1, 2020)
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| 1 | | Sec. 9. Application for licensure. | 2 | | (a) Applications for original licenses shall be made to the
| 3 | | Department in writing on forms or electronically as prescribed | 4 | | by the Department and shall be
accompanied by the required fee, | 5 | | which shall is not be refundable. All applications shall | 6 | | contain information that, in the judgment of the Department, | 7 | | will enable the Department to pass on the qualifications of the | 8 | | applicant for a license as a structural engineer or enrollment | 9 | | as a structural engineer intern. The application
shall require | 10 | | such information as in the judgment of the Department will
| 11 | | enable the Department to pass on the qualifications of the | 12 | | applicant for
a license.
The Department may require an | 13 | | applicant, at the applicant's expense, to have
an evaluation of | 14 | | the applicant's education in a foreign country county by a | 15 | | nationally
recognized evaluation service approved by the | 16 | | Department in accordance with rules
prescribed by the | 17 | | Department.
| 18 | | (b) Applicants have 3 years from the date of application to | 19 | | complete the application process. If the process has not been | 20 | | completed in 3 years, the application shall be denied, the fee | 21 | | shall be forfeited, and the applicant must reapply and meet the | 22 | | requirements in effect at the time of reapplication. | 23 | | An applicant who graduated from a structural engineering | 24 | | program outside the
United States or its territories and whose | 25 | | first language is not English shall
submit certification of | 26 | | passage of the Test of English as a Foreign Language
(TOEFL) |
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| 1 | | and a test of spoken English as defined by rule. However, any | 2 | | such applicant who subsequently earns an advanced degree from | 3 | | an accredited educational institution in the United States or | 4 | | its territories shall not be subject to this requirement.
| 5 | | (Source: P.A. 98-993, eff. 1-1-15 .)
| 6 | | (225 ILCS 340/10) (from Ch. 111, par. 6610)
| 7 | | (Section scheduled to be repealed on January 1, 2020)
| 8 | | Sec. 10. Examinations. | 9 | | (a) The Department shall authorize examinations of | 10 | | applicants for a license or enrollment under this Act as
| 11 | | structural engineers at such times and places as it may | 12 | | determine by rule . The
examination of applicants shall be of a | 13 | | character to give a fair test of
the qualifications of the | 14 | | applicant to practice as a structural engineer or structural | 15 | | engineer intern structural engineering .
| 16 | | (b) Applicants for examination as structural engineers are | 17 | | required to
pay, either to the Department or the designated | 18 | | testing service, a fee
covering the cost of providing the | 19 | | examination. Failure to appear for the
examination on the | 20 | | scheduled date, at the time and place specified, after
the | 21 | | applicant's application for examination has been received and
| 22 | | acknowledged by the Department or the designated testing | 23 | | service, shall
result in the forfeiture of the examination fee.
| 24 | | (c) If an applicant fails to pass an examination for a | 25 | | license or enrollment
licensure under this Act within 3 years |
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| 1 | | after filing the application,
the application shall be denied. | 2 | | However, such applicant may thereafter
make a new application | 3 | | for examination accompanied by the required fee , and
must | 4 | | furnish proof of meeting the qualifications for examination in | 5 | | effect
at the time of new application.
| 6 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 7 | | (225 ILCS 340/11) (from Ch. 111, par. 6611)
| 8 | | (Section scheduled to be repealed on January 1, 2020)
| 9 | | Sec. 11.
A person is qualified for enrollment as a
| 10 | | structural
engineer intern or licensure as a structural | 11 | | engineer if that person has
applied in
writing in form and | 12 | | substance
satisfactory to the Department and:
| 13 | | (a) The applicant is of good moral character. In | 14 | | determining moral
character
under this Section, the | 15 | | Department may take into consideration whether the
| 16 | | applicant has engaged in conduct or actions that would | 17 | | constitute grounds for
discipline under this Act.
| 18 | | (a-5) The applicant, if a structural engineer intern | 19 | | applicant, has met
the
minimum
standards for enrollment as | 20 | | a structural engineer intern,
which are as follows:
| 21 | | (1) is a graduate of an approved
structural | 22 | | engineering curriculum of at least 4 years
meeting the | 23 | | requirements as set forth by rule and passes a nominal | 24 | | examination as defined by rule in the fundamentals of | 25 | | engineering; or
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| 1 | | (2) is a graduate of
a non-approved structural | 2 | | engineering or related science curriculum of at least 4 | 3 | | years meeting the requirements as
set forth by rule and | 4 | | passes a nominal examination as defined by rule in the
| 5 | | fundamentals of engineering.
| 6 | | (b) The applicant, if a structural engineer applicant, | 7 | | has met the minimum
standards for
licensure as a structural | 8 | | engineer, which are as follows:
| 9 | | (1) is
a graduate of an approved structural | 10 | | engineering curriculum of at least 4 years meeting
the | 11 | | requirements as set forth by rule and submits
evidence | 12 | | acceptable to the Department of an additional 4 years | 13 | | or more of
experience in structural engineering work of | 14 | | a grade and character which
indicates that the | 15 | | individual may be competent to practice structural
| 16 | | engineering as set forth by rule; or
| 17 | | (2) is a graduate of a non-approved structural | 18 | | engineering or an approved
related science curriculum | 19 | | of at least
4
years meeting the requirements as set | 20 | | forth by rule who submits
evidence acceptable to the | 21 | | Department of an additional 8 years or more of
| 22 | | progressive experience in structural engineering work | 23 | | of a grade and
character which indicates that the | 24 | | individual may be competent to practice
structural | 25 | | engineering as set forth by rule.
| 26 | | (c) The applicant, if a structural engineer applicant, |
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| 1 | | has passed an
examination authorized by the Department as | 2 | | determined by rule
to
determine his or her fitness to | 3 | | receive a license as a structural engineer.
| 4 | | (Source: P.A. 98-713, eff. 7-16-14.)
| 5 | | (225 ILCS 340/12) (from Ch. 111, par. 6612)
| 6 | | (Section scheduled to be repealed on January 1, 2020)
| 7 | | Sec. 12. Seal. Every holder of a license as a structural | 8 | | engineer shall
display it in a conspicuous place in the | 9 | | holder's principal office, place
of business or employment. | 10 | | Every licensed structural engineer shall have a reproducible | 11 | | seal , which may be computer generated, the imprint or
| 12 | | facsimile, the print of which shall contain the name and
| 13 | | license number of the structural engineer, and the words | 14 | | "Licensed
Structural Engineer," "State of Illinois." The | 15 | | licensed structural
engineer shall seal all plans, technical | 16 | | submissions, drawings, and specifications
prepared by or under | 17 | | the engineer's supervision.
| 18 | | If technical submissions are prepared utilizing a computer | 19 | | or other electronic means, the seal may be generated by a | 20 | | computer. The licensee may provide, at his or her sole | 21 | | discretion, an original signature in the licensee's | 22 | | handwriting, a scanned copy of the technical submission bearing | 23 | | an original signature, or a signature generated by a computer. | 24 | | A licensed structural engineer may seal documents not | 25 | | produced by the
licensed structural engineer when the documents |
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| 1 | | have either been produced
by others working under the licensed | 2 | | structural engineer's personal
supervision and control or when | 3 | | the licensed structural engineer has
sufficiently reviewed the | 4 | | documents to ensure that they have met the
standards of | 5 | | reasonable professional skill and diligence. In reviewing the
| 6 | | work of others, the licensed structural engineer shall, where | 7 | | necessary, do
calculations, redesign, or any other work | 8 | | necessary to
be done to meet
such standards and should retain | 9 | | evidence of having done such review. The
documents sealed by | 10 | | the licensed structural engineer shall be of no lesser
quality | 11 | | than if they had been produced by the licensed structural | 12 | | engineer.
The licensed structural engineer who seals the work | 13 | | of others is obligated
to provide sufficient supervision and | 14 | | review of such work so that the
public is protected.
| 15 | | The licensed structural engineer shall affix the | 16 | | signature, current date,
date of license expiration and seal to | 17 | | the first sheet of any bound set or
loose sheets prepared by | 18 | | the licensed structural engineer or under that
licensed | 19 | | structural engineer's immediate supervision.
| 20 | | A licensed structural engineer may seal documents not | 21 | | produced by the licensed structural engineer when the documents | 22 | | have either been produced by others working under the licensed | 23 | | structural engineer's personal supervision and control or when | 24 | | the licensed structural engineer has sufficiently reviewed the | 25 | | documents to ensure that they have met the standards of | 26 | | reasonable professional skill and diligence. In reviewing the |
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| 1 | | work of others, the licensed structural engineer shall, where | 2 | | necessary, do calculations, redesign, or any other work | 3 | | necessary to be done to meet such standards and retain evidence | 4 | | of having done such review. The documents sealed by the | 5 | | licensed structural engineer shall be of no lesser quality than | 6 | | if they have been produced by the licensed structural engineer. | 7 | | The licensed structural engineer who seals the work of others | 8 | | is obligated to provide sufficient supervision and review of | 9 | | such work so that the public is protected. | 10 | | (Source: P.A. 91-91, eff. 1-1-00 .)
| 11 | | (225 ILCS 340/12.5 new) | 12 | | Sec. 12.5. Display of license. Every holder of a license | 13 | | under this Act shall display the license in a conspicuous place | 14 | | in his or her principal office, place of business, or place of | 15 | | employment.
| 16 | | (225 ILCS 340/14) (from Ch. 111, par. 6614)
| 17 | | (Section scheduled to be repealed on January 1, 2020)
| 18 | | Sec. 14. Renewal, reinstatement, or restoration of | 19 | | license; persons in military service. | 20 | | (a) The expiration date and renewal period for each license
| 21 | | issued under this Act shall be set by rule. The holder of a | 22 | | license
may renew the license during the month preceding its
| 23 | | expiration date by paying the required fee.
| 24 | | (b) A licensed structural engineer who has permitted his or |
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| 1 | | her license
to expire or has had his or her license who placed | 2 | | his license on inactive status
may have his or her license | 3 | | restored by making application to
the Department and filing | 4 | | proof acceptable to the Department of fitness
to have his or | 5 | | her the license restored, including , but not limited to, sworn | 6 | | evidence
certifying to active practice in another jurisdiction | 7 | | satisfactory to the
Department and by submitting evidence of | 8 | | knowledge in seismic design and by paying the required | 9 | | restoration fee as determined by rule .
| 10 | | (c) A structural engineer whose license has expired while | 11 | | engaged (1) in federal service on active duty with the Armed | 12 | | Forces of the United States or the State Militia called into | 13 | | service or training, or (2) in training or education under the | 14 | | supervision of the United States before induction into the | 15 | | military service, may have the license restored or reinstated | 16 | | without paying any lapsed reinstatement, renewal, or | 17 | | restoration fees if within 2 years after termination other than | 18 | | by dishonorable discharge of such service, training, or | 19 | | education the Department is furnished with satisfactory | 20 | | evidence that the licensee has been so engaged in the practice | 21 | | of structural engineering and that such service, training, or | 22 | | education has been so terminated. | 23 | | If the licensed structural engineer has not maintained an | 24 | | active practice
in another jurisdiction satisfactory to the | 25 | | Department, the Board shall
determine, by an evaluation program | 26 | | established by rule, that person's
fitness to resume active |
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| 1 | | status and may require the licensed structural
engineer to | 2 | | complete an examination.
| 3 | | Any licensed structural engineer whose license has been | 4 | | expired
for more than 5 years may have his license restored by | 5 | | making application
to the Department and filing proof | 6 | | acceptable to the Department
of fitness to have the license | 7 | | restored, including sworn evidence
certifying to active | 8 | | practice in another jurisdiction and by paying the
required | 9 | | restoration fee.
| 10 | | However, any licensed structural engineer whose license
| 11 | | has expired while such engineer was engaged (1) in federal
| 12 | | service on active duty with the Army of the United States, the | 13 | | United
States Navy, the Marine Corps, the Air Force, the Coast | 14 | | Guard, or the
State Militia called into the service or training | 15 | | of the United States
of America, or (2) in training or | 16 | | education under the supervision of the
United States | 17 | | preliminary to induction into the military service, may
have | 18 | | his license restored or reinstated without paying any lapsed | 19 | | renewal fees,
reinstatement fee or restoration fee or passing | 20 | | any examination, if within 2
years after termination of such | 21 | | service, training or education other than by
dishonorable | 22 | | discharge such person furnishes the Department with an | 23 | | affidavit
to the effect that he has been so engaged and that | 24 | | the service, training or
education has been so terminated.
| 25 | | (Source: P.A. 96-610, eff. 8-24-09.)
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| 1 | | (225 ILCS 340/14.5)
| 2 | | (Section scheduled to be repealed on January 1, 2020)
| 3 | | Sec. 14.5. Continuing education. The Department may adopt | 4 | | promulgate rules of
continuing education for persons licensed | 5 | | under this Act. The Department shall
consider the | 6 | | recommendations of the Board in establishing the guidelines for
| 7 | | the continuing education requirements. The requirements of | 8 | | this Section apply
to any person seeking renewal or restoration | 9 | | under Section 14 or 15 of this
Act.
| 10 | | (Source: P.A. 91-91, eff. 1-1-00 .)
| 11 | | (225 ILCS 340/15) (from Ch. 111, par. 6615)
| 12 | | (Section scheduled to be repealed on January 1, 2020)
| 13 | | Sec. 15. Inactive status. A person licensed under this Act | 14 | | Any structural engineer who notifies the Department,
in writing | 15 | | on forms prescribed by the Department, may elect to place his | 16 | | or
her license on an inactive status and shall, subject to | 17 | | rules of the
Department, be excused from payment of renewal | 18 | | fees until he or she
notifies the Department in writing of the | 19 | | desire to resume active status.
| 20 | | Any structural engineer requesting restoration from | 21 | | inactive
status shall be required to pay the current renewal | 22 | | fee. If the structural
engineer otherwise qualifies, upon | 23 | | payment, the Department shall restore
his or her license, as | 24 | | provided in Section 14 of this Act.
| 25 | | Any structural engineer whose license is on inactive status
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| 1 | | shall not practice structural engineering in the State of | 2 | | Illinois.
| 3 | | (Source: P.A. 86-711 .)
| 4 | | (225 ILCS 340/15.5 new) | 5 | | Sec. 15.5. Structural Engineer, Retired. | 6 | | (a) Under Section 2105-15 of the Department of Professional | 7 | | Regulation Law of the Civil Administrative Code of Illinois, | 8 | | the Department may grant the title "Structural Engineer, | 9 | | Retired" to any person who has been duly licensed as a | 10 | | structural engineer by the Department and who has chosen to | 11 | | place on inactive status or not renew his or her license. Those | 12 | | persons granted the title "Structural Engineer, Retired" may | 13 | | request restoration to active status under the applicable | 14 | | provisions of this Act. | 15 | | (b) The use of the title "Structural Engineer, Retired" | 16 | | shall not constitute representation of current licensure. Any | 17 | | person without an active license shall not be permitted to | 18 | | practice structural engineering as defined in this Act. | 19 | | (c) Nothing in this Section shall be construed to require | 20 | | the Department to issue any certificate, credential, or other | 21 | | official document indicating that a person has been granted the | 22 | | title "Structural Engineer, Retired".
| 23 | | (225 ILCS 340/16) (from Ch. 111, par. 6616)
| 24 | | (Section scheduled to be repealed on January 1, 2020)
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| 1 | | Sec. 16. Endorsement. | 2 | | (a) The Department may, in its discretion, license as a
| 3 | | structural engineer upon application in writing on forms or | 4 | | electronically accompanied by payment of the
required fee, | 5 | | issue a license as a structural engineer to an
applicant who is | 6 | | a structural engineer licensed under the laws of another
state , | 7 | | the District of Columbia, or territory , if the requirements for
| 8 | | licensure in that jurisdiction the state or territory were, at | 9 | | the date of original
licensure, substantially equivalent to the | 10 | | requirements in force in this
State on that date .
| 11 | | (b) All applications for endorsement shall provide proof of | 12 | | passage of the examinations as approved by the Department by | 13 | | rule. | 14 | | (c) If the accuracy of any submitted documentation or | 15 | | relevance or sufficiency of the course work or experience is | 16 | | questioned by the Department or the Board because of a lack of | 17 | | information, discrepancies, or conflicts in information given | 18 | | or a need for clarification, the applicant seeking licensure | 19 | | may be required to provide additional information. | 20 | | (d) Applicants have 3 years from the date of application to | 21 | | complete the
application process. If the process has not been | 22 | | completed in 3 years,
the application shall be denied, the fee | 23 | | forfeited and the applicant must
reapply and meet the | 24 | | requirements in effect at the time of reapplication.
| 25 | | (Source: P.A. 96-610, eff. 8-24-09.)
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| 1 | | (225 ILCS 340/17) (from Ch. 111, par. 6617)
| 2 | | (Section scheduled to be repealed on January 1, 2020)
| 3 | | Sec. 17. Fees.
| 4 | | (a) The Department shall provide by rule for a schedule of | 5 | | fees to be paid
for licenses or registrations by all | 6 | | applicants. All fees are not refundable.
| 7 | | (b) The fees for the administration and enforcement of this | 8 | | the Act, including ,
but not limited to , original licensure, | 9 | | firm registration, renewal, and restoration, shall be set
by | 10 | | rule by the Department.
| 11 | | (c) All fees and fines collected as authorized under this | 12 | | Act shall be deposited into in the Design
Professionals | 13 | | Administration and Investigation Fund. Of the moneys deposited
| 14 | | into the Design Professionals Administration and Investigation | 15 | | Fund, the
Department may use such funds as necessary and | 16 | | available to produce and
distribute newsletters to persons | 17 | | licensed under this Act.
| 18 | | (Source: P.A. 91-91, eff. 1-1-00 .)
| 19 | | (225 ILCS 340/17.5 new) | 20 | | Sec. 17.5. Returned checks; fines. Any person who delivers | 21 | | a check or other payment to the Department that is returned to | 22 | | the Department unpaid by the financial institution upon which | 23 | | it is drawn shall pay to the Department, in addition to the | 24 | | amount already owed to the Department, a fine of $50. The fines | 25 | | imposed by this Section are in addition to any other discipline |
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| 1 | | provided under this Act for unlicensed practice or practice on | 2 | | a nonrenewed license. The Department shall notify the person | 3 | | that payment of fees and fines shall be paid to the Department | 4 | | by certified check or money order within 30 calendar days of | 5 | | the notification. If, after the expiration of 30 days from the | 6 | | date of the notification, the person has failed to submit the | 7 | | necessary remittance, the Department shall automatically | 8 | | terminate the license or deny the application, without hearing. | 9 | | If, after termination or denial, the person seeks a license, he | 10 | | or she shall apply to the Department for restoration or | 11 | | issuance of the license and pay all fees and fines due to the | 12 | | Department. The Department may establish a fee for the | 13 | | processing of an application for restoration of a license to | 14 | | pay all expenses of processing this application. The Secretary | 15 | | may waive the fines due under this Section in individual cases | 16 | | where the Secretary finds that the fines would be unreasonable | 17 | | or unnecessarily burdensome.
| 18 | | (225 ILCS 340/18) (from Ch. 111, par. 6618)
| 19 | | (Section scheduled to be repealed on January 1, 2020)
| 20 | | Sec. 18. Roster. The Department shall maintain a roster of | 21 | | all structural engineers licensed under this Act showing their | 22 | | names and addresses of record. A roster showing the names and | 23 | | addresses of all
structural engineers licensed under this Act | 24 | | shall be prepared by the
Department. This roster shall be | 25 | | available upon request
and payment of the required fee.
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| 1 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 2 | | (225 ILCS 340/19) (from Ch. 111, par. 6619)
| 3 | | (Section scheduled to be repealed on January 1, 2020)
| 4 | | Sec. 19. Professional design firm registration; | 5 | | conditions.
| 6 | | (a) Nothing in this Act prohibits the formation, under the | 7 | | provisions of the
Professional Service Corporation Act, as | 8 | | amended, of a corporation to practice
structural engineering.
| 9 | | Any business, including , but not limited to, a Professional | 10 | | Service Corporation, that
includes within its stated purposes, | 11 | | practices, or holds itself out as
available to practice, | 12 | | structural engineering, shall be registered with
the | 13 | | Department pursuant to the provisions of this Section.
| 14 | | Any sole proprietorship not owned and operated by an | 15 | | Illinois licensed
design professional licensed under this Act | 16 | | shall be prohibited from
offering structural engineering | 17 | | services to the public. "Illinois licensed
design | 18 | | professional" means a person who holds an active license as a | 19 | | structural
engineer under this Act, as an architect under the | 20 | | Illinois
Architecture Practice Act of 1989, or as a | 21 | | professional engineer under the
Professional Engineering | 22 | | Practice Act of 1989.
Any sole proprietorship owned and | 23 | | operated by a structural engineer with an
active license issued | 24 | | under this Act and conducting or transacting such
business | 25 | | under an assumed name in accordance with the provisions of the |
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| 1 | | Assumed
Business Name Act shall comply with the registration | 2 | | requirements of a
professional design firm.
Any sole | 3 | | proprietorship owned
and operated by a structural engineer with | 4 | | an active license issued under this
Act and conducting or | 5 | | transacting such business under the real name of the
sole | 6 | | proprietor is exempt from the registration requirements of a
| 7 | | professional design
firm.
| 8 | | Any partnership which includes within its purpose, | 9 | | practices, or
holds itself out as available to practice | 10 | | structural engineering,
shall register with the Department | 11 | | pursuant to the provisions set forth
in this Section.
| 12 | | (b) Any professional design firm seeking to be registered | 13 | | under the
provisions of this Section shall not be registered | 14 | | unless at least one managing agent in
charge of structural | 15 | | engineering activities in this State is designated by the
| 16 | | professional design firm. A designated managing agent must at | 17 | | all times maintain a valid,
active license to practice | 18 | | structural engineering in Illinois.
| 19 | | No individual whose license to practice structural | 20 | | engineering in this
State is currently in a suspended , | 21 | | inactive, or revoked status shall act as a managing
agent for a | 22 | | professional design firm.
| 23 | | (c) No business shall practice or hold itself out as | 24 | | available to practice
structural engineering until it is | 25 | | registered with the Department.
| 26 | | (d) Any business seeking to be registered under this |
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| 1 | | Section shall apply for
a certificate of registration on a form | 2 | | provided by the Department and shall
provide such information | 3 | | as requested by the Department, which shall include
but shall | 4 | | not be limited to:
| 5 | | (1) the name and license number of the person | 6 | | designated as the
managing agent in responsible charge of | 7 | | the practice of structural
engineering in Illinois. In the | 8 | | case of a corporation, the corporation
shall also submit a | 9 | | certified copy of the resolution by the board of directors
| 10 | | designating the managing agent. In the case of a limited | 11 | | liability company,
the company shall submit a certified | 12 | | copy of either its articles of
organization or operating | 13 | | agreement designating the managing agent;
| 14 | | (2) the names and license numbers of the directors, in | 15 | | the case of a
corporation, the members, in the case of a | 16 | | limited liability company, or
general partners, in the case | 17 | | of a partnership;
| 18 | | (3) a list of all locations at which the professional | 19 | | design firm
provides structural engineering services to | 20 | | the public; and
| 21 | | (4) A list of all assumed names of the business. | 22 | | Nothing in this
Section shall be construed to exempt a | 23 | | professional design firm, sole
proprietorship, or | 24 | | professional service corporation from compliance with the
| 25 | | requirements of the Assumed Business Name Act.
| 26 | | It shall be the responsibility of the professional design |
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| 1 | | firm to provide
the Department notice, in writing, of any | 2 | | changes in the information
requested on the application.
| 3 | | (e) In the event a managing agent is terminated or | 4 | | terminates his or her status
as managing agent of the | 5 | | professional design firm, such managing agent and the | 6 | | professional design firm shall notify the Department of this | 7 | | fact in writing, by regular
certified mail or email , within 10 | 8 | | business days of such termination.
| 9 | | Thereafter, the professional design firm, if it has so | 10 | | informed the
Department, shall have 30 days in which to notify | 11 | | the Department
of the name and registration number of a newly | 12 | | designated managing agent. If a
corporation, the corporation | 13 | | shall also submit a certified copy of a resolution
by the board | 14 | | of directors designating the new managing agent. If a limited
| 15 | | liability company, the company shall also submit a certified | 16 | | copy of either its
articles of organization or operating | 17 | | agreement designating the new managing
agent. The Department | 18 | | may, upon good cause shown, extend the original 30-day 30 day
| 19 | | period.
| 20 | | If the professional design firm fails to notify the | 21 | | Department in writing , by regular mail or by email,
within the | 22 | | specified time, the registration shall be
terminated without | 23 | | prior hearing. Notification of termination shall be sent to the | 24 | | address of record by regular mail or by email . If the | 25 | | professional
design firm continues to operate and offer | 26 | | structural engineering services
after the termination, the |
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| 1 | | Department may seek prosecution under Sections 20 ,
34, and 20.5 | 2 | | 34a of this Act for the unlicensed practice of structural | 3 | | engineering.
| 4 | | (f) No professional design firm shall be relieved of | 5 | | responsibility for the
conduct or acts of its agents, | 6 | | employees, members, managers, or officers by
reason of its | 7 | | compliance with this Section, nor shall any individual | 8 | | practicing
structural engineering be relieved of the | 9 | | responsibility for professional
services performed by reason | 10 | | of the individual's employment or relationship
with a | 11 | | professional design firm registered under this Section.
| 12 | | (g) Disciplinary action against a professional design firm | 13 | | registered
under this Section shall be administered in the same | 14 | | manner and on the same
grounds as disciplinary action against a | 15 | | licensed structural engineer.
All disciplinary action taken or | 16 | | pending against a business corporation or
partnership before | 17 | | the effective date of this amendatory Act of 1993 shall be
| 18 | | continued or remain in effect without the Department filing | 19 | | separate actions.
| 20 | | It is unlawful for any person to practice, or to attempt to | 21 | | practice,
structural engineering, without being licensed under | 22 | | this Act. It is unlawful
for any business not subject to the | 23 | | sole proprietorship exemption to offer or
provide structural | 24 | | engineering services without active registration issued by
the | 25 | | Department as a professional design firm or professional | 26 | | service
corporation.
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| 1 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 2 | | (225 ILCS 340/20) (from Ch. 111, par. 6620)
| 3 | | (Section scheduled to be repealed on January 1, 2020)
| 4 | | Sec. 20. Grounds for disciplinary action Refusal; | 5 | | revocation; suspension . | 6 | | (a) The Department may refuse to issue or renew a license | 7 | | or registration , or may revoke , a license, or may suspend, | 8 | | place on probation, reprimand fine , or take other any | 9 | | disciplinary or non-disciplinary action as the Department may | 10 | | deem proper, including fines a fine not to exceed $10,000 per | 11 | | for each violation, with regard to any license issued under the | 12 | | provisions of this Act, licensee for any one or a combination | 13 | | of the following reasons:
| 14 | | (1) Material misstatement in furnishing information to | 15 | | the Department . ;
| 16 | | (2) Negligence, incompetence or misconduct in the | 17 | | practice of
structural engineering . ;
| 18 | | (3) Failure to comply with any provisions of this Act | 19 | | or any of its rules. Making any misrepresentation for the | 20 | | purpose of obtaining licensure;
| 21 | | (4) Fraud or any misrepresentation in applying for or | 22 | | procuring a license or registration under this Act or in | 23 | | connection with applying for renewal or restoration of a | 24 | | license or registration under this Act. The affixing of a | 25 | | licensed structural engineer's seal to any plans,
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| 1 | | specifications or drawings which have not been prepared by | 2 | | or under the
immediate personal supervision of that | 3 | | licensed structural engineer or
reviewed as provided in | 4 | | this Act;
| 5 | | (5) Purposefully making false statements or signing | 6 | | false statements, certificates, or affidavits to induce | 7 | | payment. Conviction of, or entry of a plea of guilty or | 8 | | nolo contendere to, any crime that is a felony under the | 9 | | laws of the United States or of any state or territory | 10 | | thereof, or that is a misdemeanor an essential element of | 11 | | which is dishonesty, or any crime that is directly related | 12 | | to the practice of the profession;
| 13 | | (6) Conviction of or entry of a plea of guilty or nolo | 14 | | contendere, finding of guilt, jury verdict, or entry of | 15 | | judgment or sentencing, including, but not limited to, | 16 | | convictions, preceding sentences of supervision, | 17 | | conditional discharge, or first offender probation under | 18 | | the laws of any jurisdiction of the United States that is | 19 | | (i) a felony or (ii) a misdemeanor, an essential element of | 20 | | which is dishonesty, that is directly related to the | 21 | | practice of structural engineering. Making a statement of | 22 | | compliance pursuant to the Environmental
Barriers Act, as | 23 | | now or hereafter amended, that a plan for construction or
| 24 | | alteration of a public facility or for construction of a | 25 | | multi-story
housing unit is in compliance with the | 26 | | Environmental Barriers Act when such
plan is not in |
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| 1 | | compliance;
| 2 | | (7) Aiding or assisting another in violating any | 3 | | provision of this Act or its rules. Failure to comply with | 4 | | any of the provisions of this Act or its rules;
| 5 | | (8) Failing to provide information in response to a | 6 | | written request made by the Department within 60 days after | 7 | | receipt of such written request. Aiding or assisting | 8 | | another person in violating any provision of
this Act or | 9 | | its rules;
| 10 | | (9) Engaging in dishonorable, unethical , or | 11 | | unprofessional conduct of a
character likely to deceive, | 12 | | defraud , or harm the public, as defined by
rule . ;
| 13 | | (10) Habitual or excessive use or abuse of drugs | 14 | | defined in law as controlled substances, of alcohol, | 15 | | narcotics, stimulants, or any other substances that | 16 | | results in the inability to practice with reasonable | 17 | | judgment, skill, or safety. Habitual or excessive use or | 18 | | addiction to alcohol, narcotics, stimulants, or any other | 19 | | chemical agent or drug that results in the inability to | 20 | | practice with reasonable judgment, skill, or safety;
| 21 | | (11) A finding by the Department that an applicant or | 22 | | licensee has failed to pay a fine imposed by the | 23 | | Department. Failure of an applicant or licensee
to pay
a | 24 | | fine imposed by the Department or a licensee whose license | 25 | | has been
placed on probationary status has violated the | 26 | | terms of probation;
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| 1 | | (12) A finding by the Department that the licensee, | 2 | | after having his or her license placed on probationary | 3 | | status, has violated the terms of probation or failed to | 4 | | comply with such terms. Discipline by another state, | 5 | | territory, foreign country, the
District of Columbia, the | 6 | | United States government, or any other
governmental | 7 | | agency, if at least one of the grounds for discipline is | 8 | | the
same or substantially equivalent to those set forth in | 9 | | this Section;
| 10 | | (13) Inability to practice the profession with | 11 | | reasonable judgment, skill, or safety as a result of | 12 | | physical illness, including, but not limited to, | 13 | | deterioration through the aging process, loss of motor | 14 | | skill, mental illness, or disability. Failure to provide | 15 | | information in response to a written request
made by the | 16 | | Department within 30 days after the receipt of such written
| 17 | | request; or
| 18 | | (14) Discipline by another state, territory, foreign | 19 | | country, the District of Columbia, the United States | 20 | | government, or any other government agency if at least one | 21 | | of the grounds for discipline is the same or substantially | 22 | | equivalent to those set forth in this Act Physical illness, | 23 | | including but not limited to, deterioration through the | 24 | | aging process or loss of motor skill, mental illness, or | 25 | | disability which results in the inability to practice the
| 26 | | profession of structural engineering with reasonable |
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| 1 | | judgment, skill, or
safety .
| 2 | | (15) The making of any willfully false oath or | 3 | | affirmation in any matter or proceeding where an oath or | 4 | | affirmation is required by this Act. | 5 | | (16) Using or attempting to use an expired, inactive, | 6 | | suspended, or revoked license or the certificate or seal of | 7 | | another, or impersonating another licensee. | 8 | | (17) Signing or affixing the structural engineer's | 9 | | seal or permitting the seal to be affixed to any technical | 10 | | submissions not prepared by the structural engineer or | 11 | | under the structural engineer's supervision and control or | 12 | | not sufficiently reviewed by the licensed structural | 13 | | engineer to ensure that the documents have met the | 14 | | standards of reasonable professional skill and diligence. | 15 | | (18) Making a statement of compliance pursuant to the | 16 | | Environmental Barriers Act that technical submissions | 17 | | prepared by the structural engineer or prepared under the | 18 | | structural engineer's responsible control for construction | 19 | | or alteration of an occupancy required to be in compliance | 20 | | with the Environmental Barriers Act are in compliance with | 21 | | the Environmental Barriers Act when such technical | 22 | | submissions are not in compliance. | 23 | | (a-5) In enforcing this Section, the Department or Board, | 24 | | upon a showing of a possible violation, may order a licensee or | 25 | | applicant to submit to a mental or physical examination, or | 26 | | both, at the expense of the Department. The Department or Board |
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| 1 | | may order the examining physician to present testimony | 2 | | concerning his or her examination of the licensee or applicant. | 3 | | No information shall be excluded by reason of any common law or | 4 | | statutory privilege relating to communications between the | 5 | | licensee or applicant and the examining physician. The | 6 | | examining physicians shall be specifically designated by the | 7 | | Board or Department. The licensee or applicant may have, at his | 8 | | or her own expense, another physician of his or her choice | 9 | | present during all aspects of the examination. Failure of a | 10 | | licensee or applicant to submit to any such examination when | 11 | | directed, without reasonable cause as defined by rule, shall be | 12 | | grounds for either the immediate suspension of his or her | 13 | | license or immediate denial of his or her application. | 14 | | If the Secretary immediately suspends the license of a | 15 | | licensee for his or her failure to submit to a mental or | 16 | | physical examination when directed, a hearing must be convened | 17 | | by the Department within 15 days after the suspension and | 18 | | completed without appreciable delay. | 19 | | If the Secretary otherwise suspends a license pursuant to | 20 | | the results of the licensee's mental or physical examination, a | 21 | | hearing must be convened by the Department within 15 days after | 22 | | the suspension and completed without appreciable delay. The | 23 | | Department and Board shall have the authority to review the | 24 | | licensee's record of treatment and counseling regarding the | 25 | | relevant impairment or impairments to the extent permitted by | 26 | | applicable federal statutes and regulations safeguarding the |
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| 1 | | confidentiality of medical records. | 2 | | Any licensee suspended under this subsection (a-5) shall be | 3 | | afforded an opportunity to demonstrate to the Department or | 4 | | Board that he or she can resume practice in compliance with the | 5 | | acceptable and prevailing standards under the provisions of his | 6 | | or her license.
| 7 | | (b) The determination by a circuit court that a licensee is | 8 | | subject to
involuntary admission or judicial admission, as | 9 | | provided in the Mental
Health and Developmental Disabilities | 10 | | Code, operates as an automatic
suspension. Such suspension will | 11 | | end only upon a finding by a court that
the patient is no | 12 | | longer subject to involuntary admission or judicial
admission, | 13 | | the issuance of an order so finding and discharging the | 14 | | patient,
and the recommendation of the Board to the Secretary | 15 | | that
the licensee be allowed to resume practice.
| 16 | | (c) (Blank). | 17 | | (d) In cases where the Department of Healthcare and Family | 18 | | Services (formerly the Department of Public Aid) has previously | 19 | | determined that a licensee or a potential licensee is more than | 20 | | 30 days delinquent in the payment of child support and has | 21 | | subsequently certified the delinquency to the Department, the | 22 | | Department shall refuse to issue or renew or shall revoke or | 23 | | suspend that person's license or shall take other disciplinary | 24 | | action against that person based solely upon the certification | 25 | | of delinquency made by the Department of Healthcare and Family | 26 | | Services in accordance with subdivision (a)(5) of Section |
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| 1 | | 2105-15 of the Department of Professional Regulation Law of the | 2 | | Civil Administrative Code of Illinois. | 3 | | (e) The Department shall refuse to issue or renew or shall | 4 | | revoke or suspend a person's license or entity's registration | 5 | | or shall take other disciplinary action against that person or | 6 | | entity for his or her failure to file a return, to pay the tax, | 7 | | penalty, or interest shown in a filed return, or to pay any | 8 | | final assessment of tax, penalty, or interest as required by | 9 | | any tax Act administered by the Department of Revenue, until | 10 | | such time as the requirements of the tax Act are satisfied in | 11 | | accordance with subsection (g) of Section 2105-15 of the | 12 | | Department of Professional Regulation Law of the Civil | 13 | | Administrative Code of Illinois The Department shall deny a | 14 | | license or renewal authorized by this Act to a person who has | 15 | | failed to file a return, to pay the tax, penalty, or interest | 16 | | shown in a filed return, or to pay any final assessment of tax, | 17 | | penalty, or interest as required by any tax Act administered by | 18 | | the Department of Revenue, until such time as the requirements | 19 | | of the tax Act are satisfied in accordance with subsection (g) | 20 | | of Section 2105-15 of the Department of Professional Regulation | 21 | | Law of the Civil Administrative Code of Illinois .
| 22 | | (f) Persons who assist the Department in good faith as | 23 | | consultants or expert witnesses in
the investigation or | 24 | | prosecution of alleged violations of the Act,
licensure | 25 | | matters, restoration proceedings, or criminal prosecutions, | 26 | | are
not liable for damages in any civil action or proceeding as |
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| 1 | | a result of
such assistance , except upon proof of actual | 2 | | malice . The Attorney General
of the State of Illinois shall | 3 | | defend such persons in any such action or
proceeding at no cost | 4 | | to the person .
| 5 | | (Source: P.A. 100-872, eff. 8-14-18.)
| 6 | | (225 ILCS 340/20.5)
| 7 | | (Section scheduled to be repealed on January 1, 2020)
| 8 | | Sec. 20.5. Unlicensed practice; violation; civil penalty. | 9 | | (a) Use of the title "structural engineer" or any of its | 10 | | derivations is limited to those persons or entities licensed or | 11 | | registered under this Act. Any person who practices, offers to | 12 | | practice, attempts to practice, or holds himself or herself out | 13 | | to practice as a structural engineer or structural engineer | 14 | | intern without being licensed, enrolled, or exempt under this | 15 | | Act shall, in addition to any other penalty provided by law, | 16 | | pay a civil penalty to the Department in an amount not to | 17 | | exceed $10,000 for each offense, as determined by the | 18 | | Department. The civil penalty shall be assessed by the | 19 | | Department after a hearing is held in accordance with the | 20 | | provisions in this Act regarding the provision of a hearing for | 21 | | the discipline of a licensee. Any person who practices, offers | 22 | | to practice, attempts to practice, or
holds oneself out to | 23 | | practice structural engineering without being licensed
under | 24 | | this Act shall, in
addition to any other penalty provided by | 25 | | law, pay a civil penalty to the
Department in an amount not to |
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| 1 | | exceed $10,000 for each offense as determined by
the | 2 | | Department. The civil penalty shall be assessed by the | 3 | | Department after a
hearing is held in accordance with the | 4 | | provisions set forth in this Act
regarding the provision of a | 5 | | hearing for the discipline of a licensee.
| 6 | | (b) An entity or business that offers structural | 7 | | engineering services under this Act without being registered as | 8 | | a professional design firm or exempt under this Act shall, as | 9 | | determined by the Department, in addition to any other penalty | 10 | | provided by law, pay a civil penalty to the Department in an | 11 | | amount not to exceed $10,000 for each offense, as determined by | 12 | | the Department. The civil penalty shall be assessed by the | 13 | | Department after a hearing is held in accordance with the | 14 | | provisions in this Act regarding the provision of a hearing for | 15 | | the discipline of a licensee. The Department has the authority | 16 | | and power to investigate any and all
unlicensed activity.
| 17 | | (c) The Department may investigate any actual, alleged, or | 18 | | suspected unlicensed activity. The civil penalty shall be paid | 19 | | within 60 days after the effective date
of the order imposing | 20 | | the civil penalty. The order shall constitute a judgment
and | 21 | | may be filed and execution had thereon in the same manner as | 22 | | any judgment
from any court of record.
| 23 | | (d) The civil penalty shall be paid within 60 days after | 24 | | the effective date of the order imposing the civil penalty. The | 25 | | order shall constitute a final judgment and may be filed and | 26 | | execution had thereon in the same manner as any judgment from |
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| 1 | | any court of record. | 2 | | (e) A person or entity not licensed or registered under | 3 | | this Act that has violated any provision of this Act or its | 4 | | rules is guilty of a Class A misdemeanor for the first offense | 5 | | and a Class 4 felony for a second and subsequent offenses. | 6 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 7 | | (225 ILCS 340/21) (from Ch. 111, par. 6621)
| 8 | | (Section scheduled to be repealed on January 1, 2020)
| 9 | | Sec. 21. Injunction; cease and desist order. | 10 | | (a) If any person or entity violates a provision of this | 11 | | Act, the
Secretary may, in the name of the People of the State | 12 | | of Illinois, through
the Attorney General of the State of | 13 | | Illinois, petition for an order
enjoining such violation or for | 14 | | an order enforcing compliance with this
Act. Upon the filing of | 15 | | a verified petition in such court, the court may
issue a | 16 | | temporary restraining order, without notice or bond, and may
| 17 | | preliminarily and permanently enjoin such violation. If it is | 18 | | established
that such person has violated or is violating the | 19 | | injunction, the court Court may
punish the offender for | 20 | | contempt of court. Proceedings under this Section
are in | 21 | | addition to, and not in lieu of, all other remedies and | 22 | | penalties
provided by this Act.
| 23 | | (b) If any person practices as a licensed structural | 24 | | engineer or holds
himself out as a structural engineer without | 25 | | being licensed under the
provisions of this Act, then any |
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| 1 | | licensed structural engineer, any
interested party or any | 2 | | person injured thereby may file a complaint with the Department | 3 | | that shall proceed through the process outlined in Section 22 | 4 | | of this Act , in addition to the
Secretary, petition for relief | 5 | | as provided in subsection (a) of this Section .
| 6 | | (c) Whenever in the opinion of the Department any person or | 7 | | entity violates any
provision of this Act, the Department may | 8 | | issue a rule to show cause why an
order to cease and desist | 9 | | should not be entered against that person or entity . The
rule | 10 | | shall clearly set forth the grounds relied upon by the | 11 | | Department and
shall provide a period of 7 days from the date | 12 | | of the rule to file an
answer to the satisfaction of the | 13 | | Department. Failure to answer to the
satisfaction of the | 14 | | Department shall cause an order to cease and desist to
be | 15 | | issued immediately.
| 16 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 17 | | (225 ILCS 340/22) (from Ch. 111, par. 6622)
| 18 | | (Section scheduled to be repealed on January 1, 2020)
| 19 | | Sec. 22. Investigations Investigation ; notice and hearing . | 20 | | (a) The Department may investigate the actions of any | 21 | | applicant or of any person or entity holding or claiming to | 22 | | hold a license or registration under this Act. | 23 | | (b) Before the initiation of a formal complaint, the matter | 24 | | shall be reviewed by a subcommittee of the Board according to | 25 | | procedures established by rule for the Complaint Committee. If |
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| 1 | | a subcommittee has not been formed, the matter shall proceed | 2 | | through the process as stated in subsection (c) of this | 3 | | Section. | 4 | | (c) The Department shall, before disciplining an | 5 | | applicant, licensee, or registrant, at least 30 days prior to | 6 | | the date set for the hearing, (i) notify in writing the | 7 | | applicant, licensee, or registrant of the charges made and the | 8 | | time and place for the hearing on the charges, (ii) direct the | 9 | | applicant, licensee, or registrant to file a written answer to | 10 | | the charges under oath within 20 days after the service of the | 11 | | notice, and (iii) inform the applicant, licensee, or registrant | 12 | | that failure to file a written answer to the charges will | 13 | | result in a default being entered against the applicant, | 14 | | licensee, or registrant. | 15 | | (d) Written or electronic notice, and any notice in the | 16 | | subsequent proceeding, may be served by personal delivery, by | 17 | | email, or by mail to the applicant, licensee, or registrant at | 18 | | the applicant's, licensee's, or registrant's address of record | 19 | | or email address of record. | 20 | | (e) At the time and place fixed in the notice, the Board or | 21 | | hearing officer appointed by the Secretary shall proceed to | 22 | | hear the charges and the parties or their counsel shall be | 23 | | accorded ample opportunity to present any statement, | 24 | | testimony, evidence, and argument as may be pertinent to the | 25 | | charges or their defense. The Board or hearing officer may | 26 | | continue the hearing from time to time. |
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| 1 | | (f) In case the licensee, applicant, or registrant, after | 2 | | receiving the notice, fails to file an answer, his or her | 3 | | license or registration may, in the discretion of the | 4 | | Secretary, having first received the recommendation of the | 5 | | Board, be suspended, revoked, or placed on probationary status | 6 | | or be subject to whatever disciplinary action the Secretary | 7 | | considers proper, including limiting the scope, nature, or | 8 | | extent of the person's practice or imposition of a fine, | 9 | | without hearing, if the act or acts charged constitute | 10 | | sufficient grounds for action under this Act. | 11 | | The Department may investigate the actions
of any applicant or | 12 | | any person or entity holding or claiming to hold a license
or | 13 | | registration or any person or entity practicing, or offering to | 14 | | practice
structural engineering. Before the initiation of an | 15 | | investigation the matter
shall be reviewed by a subcommittee of | 16 | | the Board according to procedures
established by rule for the | 17 | | Complaint Committee. The Department shall, before
refusing to | 18 | | issue, restore or renew a license or registration, or | 19 | | discipline a
licensee or registrant, at least 30 days prior to | 20 | | the date set for the
hearing, notify in writing the applicant | 21 | | for, or holder of, a license or
registration of the nature of | 22 | | the charges and that a hearing will be held on
the date | 23 | | designated. The Department shall direct the applicant or | 24 | | licensee or
registrant or entity to file a written answer to | 25 | | the Board under oath within 20
days after the service of the | 26 | | notice and inform the applicant or licensee or
registrant or |
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| 1 | | entity that failure to file an answer will result in default
| 2 | | being taken against the applicant or entity or licensee or | 3 | | registrant and that
the license or certificate may be | 4 | | suspended, revoked, placed on probationary
status, or other | 5 | | disciplinary action may be taken, including limiting the
scope, | 6 | | nature or extent of practice, as the Secretary may deem proper. | 7 | | Written
notice may be served by personal delivery or certified | 8 | | or registered mail to
the respondent at the address of record.
| 9 | | In case the person or entity fails to file an answer after | 10 | | receiving notice,
his or her license or certificate may, in the | 11 | | discretion of the Department, be
suspended, revoked, or placed | 12 | | on probationary status, or the Department may
take whatever | 13 | | disciplinary action deemed proper, including limiting the
| 14 | | scope, nature, or extent of the practice or the imposition of a | 15 | | fine, without a
hearing, if the act or acts charged constitute | 16 | | sufficient grounds for such
action under this Act. At the time | 17 | | and place fixed in the notice,
the Board shall proceed to hear | 18 | | the charges and the parties or their
counsel shall be accorded | 19 | | ample opportunity to present such statements,
testimony, | 20 | | evidence and argument as may be pertinent to the charges or
| 21 | | their defense. The Board may continue a hearing from time to | 22 | | time.
| 23 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 24 | | (225 ILCS 340/23) (from Ch. 111, par. 6623)
| 25 | | (Section scheduled to be repealed on January 1, 2020)
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| 1 | | Sec. 23. Record of proceedings ; transcript . | 2 | | (a) The Department, at its expense, shall provide a | 3 | | certified shorthand reporter to take down the testimony and | 4 | | preserve a record of all proceedings at the hearing of any case | 5 | | in which a license may be revoked or suspended or a licensee | 6 | | placed on probationary status, reprimanded, fined, or | 7 | | subjected to other disciplinary action with reference to the | 8 | | license when a disciplinary action is authorized under this Act | 9 | | and its rules. The notice of hearing, complaint, and all other | 10 | | documents in the nature of pleadings and written motions filed | 11 | | in the proceedings, the transcript of the testimony, the report | 12 | | of the Board or hearing officer, and the orders of the | 13 | | Department shall be the record of the proceedings. The record | 14 | | may be made available to any person interested in the hearing | 15 | | upon payment of the fee required by Section 2105-115 of the | 16 | | Department of Professional Regulation Law of the Civil | 17 | | Administrative Code of Illinois. | 18 | | (b) The Department may contract for court reporting | 19 | | services, and, if it does so, the Department shall provide the | 20 | | name and contact information for the certified shorthand | 21 | | reporter who transcribed the testimony at a hearing to any | 22 | | person interested, who may obtain a copy of the transcript of | 23 | | any proceedings at a hearing upon payment of the fee specified | 24 | | by the certified shorthand reporter. | 25 | | The Department, at its expense, shall
preserve a record of
all | 26 | | proceedings at the formal hearing of any case. The
notice of |
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| 1 | | hearing, complaint and all other documents in the nature of
| 2 | | pleadings and written motions filed in the proceedings, the | 3 | | transcript of
testimony, the report of the Board and the orders | 4 | | of the Department shall
be the record of the proceedings.
| 5 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 6 | | (225 ILCS 340/24) (from Ch. 111, par. 6624)
| 7 | | (Section scheduled to be repealed on January 1, 2020)
| 8 | | Sec. 24. Subpoenas; depositions; oaths. | 9 | | (a) The Department has the power to subpoena documents, | 10 | | books, records or other materials and to bring before it any | 11 | | person and to take testimony either orally or by deposition, or | 12 | | take written interrogatories, or any combination thereof, with | 13 | | the same fees and mileage and in the same manner as is | 14 | | prescribed in civil cases in the courts of this State.
| 15 | | (b) The Secretary, the designated hearing officer, and any | 16 | | member of the Board
shall each have the power to administer | 17 | | oaths to witnesses at any hearing which
the Department is | 18 | | authorized by law to conduct, and any other oaths
required or | 19 | | authorized in any Act administered by the Department.
| 20 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 21 | | (225 ILCS 340/25) (from Ch. 111, par. 6625)
| 22 | | (Section scheduled to be repealed on January 1, 2020)
| 23 | | Sec. 25. Compelling testimony. Any circuit court, upon the | 24 | | application
of the accused person or of the Department, may, by |
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| 1 | | order duly
entered, require the attendance of witnesses and the | 2 | | production
of relevant books and papers before the Department | 3 | | relative to the
application for or refusal to issue, restore, | 4 | | renew, suspend,
or revoke a license or discipline a licensee, | 5 | | and the court may compel
obedience to its order by proceedings | 6 | | for contempt.
| 7 | | (Source: P.A. 86-711 .)
| 8 | | (225 ILCS 340/26) (from Ch. 111, par. 6626)
| 9 | | (Section scheduled to be repealed on January 1, 2020)
| 10 | | Sec. 26. Hearing; motion for rehearing. | 11 | | (a) The Board or hearing officer appointed by the Secretary | 12 | | shall hear evidence in support of the formal charges and | 13 | | evidence produced by the applicant, licensee, or registrant. At | 14 | | the conclusion of the hearing, the Board or hearing officer | 15 | | shall present to the Secretary a written report of its findings | 16 | | of fact, conclusions of law, and recommendations. If the Board | 17 | | fails to present its report, the applicant, licensee, or | 18 | | registrant may request in writing a direct appeal to the | 19 | | Secretary, in which case the Secretary may issue an order based | 20 | | upon the report of the hearing officer and the record of the | 21 | | proceedings or issue an order remanding the matter back to the | 22 | | hearing officer for additional proceedings in accordance with | 23 | | the order. | 24 | | (b) At the conclusion of the hearing, a copy of the Board | 25 | | or hearing officer's report shall be served upon the applicant, |
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| 1 | | licensee, or registrant, either personally or as provided in | 2 | | this Act for the service of the notice of hearing. Within 20 | 3 | | calendar days after such service, the applicant, licensee, or | 4 | | registrant may present to the Department a motion, in writing, | 5 | | for a rehearing which shall specify the particular grounds for | 6 | | rehearing. The Department may respond to the motion for | 7 | | rehearing within 20 calendar days after its service on the | 8 | | Department. If no motion for rehearing is filed, then upon the | 9 | | expiration of the time specified for filing such a motion, or | 10 | | upon denial of a motion for rehearing, the Secretary may enter | 11 | | an order in accordance with the recommendations of the Board or | 12 | | hearing officer. If the applicant, licensee, or registrant | 13 | | orders from the reporting service and pays for a transcript of | 14 | | the record within the time for filing a motion for rehearing, | 15 | | the 20 calendar day period within which a motion may be filed | 16 | | shall commence upon delivery of the transcript to the | 17 | | applicant, licensee, or registrant. | 18 | | (c) If the Secretary disagrees in any regard with the | 19 | | report of the Board, the Secretary may issue an order contrary | 20 | | to the report. | 21 | | (d) Whenever the Secretary is not satisfied that | 22 | | substantial justice has been done, the Secretary may order a | 23 | | hearing by another hearing officer. | 24 | | (e) At any point in any investigation or disciplinary | 25 | | proceeding provided for in this Act, both parties may agree to | 26 | | a negotiated consent order. The consent order shall be final |
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| 1 | | upon signature of the Secretary. | 2 | | At the conclusion of the hearing, the Board shall present to | 3 | | the Secretary its written report
of its findings and | 4 | | recommendations. A copy of the report shall be served
upon the | 5 | | accused person, either personally or to the address of record.
| 6 | | The Board may take into consideration in making its | 7 | | recommendations for
discipline all facts and circumstances | 8 | | bearing upon the reasonableness of
the conduct of the | 9 | | respondent and the potential for future harm to the
public, | 10 | | including but not limited to previous discipline by the | 11 | | Department,
intent, degree of harm to the public and likelihood | 12 | | of harm in the future,
any restitution made, and whether the | 13 | | incident or incidents complained of
appear to be isolated or a | 14 | | pattern of conduct. In making its
recommendations for | 15 | | discipline, the Board shall endeavor to ensure that the
| 16 | | severity of the discipline recommended bears some reasonable | 17 | | relationship
to the severity of the violation. Within 20
days | 18 | | after such service, the accused person may present to the | 19 | | Department
a motion in writing for a rehearing, which shall | 20 | | specify
the particular grounds for rehearing. If the accused | 21 | | person orders and pays
for a transcript of the record as | 22 | | provided in this Section, the time
elapsing after payment and | 23 | | before the transcript is ready for delivery
shall not be | 24 | | counted as part of such 20 days. If no motion for rehearing
is | 25 | | filed, then upon the expiration of the time specified for | 26 | | filing the
motion, or if a motion for rehearing is denied, then |
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| 1 | | upon such denial, the
Secretary may enter an order in | 2 | | accordance with recommendations of the Board.
| 3 | | Whenever the Secretary is not satisfied that substantial | 4 | | justice has been
done, he may order a rehearing by the same or | 5 | | another special board.
At the expiration of the time specified | 6 | | for filing a motion for a
rehearing, the Secretary has the | 7 | | right to take the action recommended
by the Board. Upon the | 8 | | suspension or revocation of his license, a
licensee shall be | 9 | | required to surrender his license to the Department, and
upon | 10 | | his failure or refusal to do so, the Department shall have the | 11 | | right
to seize the same.
| 12 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 13 | | (225 ILCS 340/27) (from Ch. 111, par. 6627)
| 14 | | (Section scheduled to be repealed on January 1, 2020)
| 15 | | Sec. 27. Hearing officer. Notwithstanding any provision in | 16 | | this Act, the Secretary has the authority to appoint an | 17 | | attorney duly licensed to practice law in the State of Illinois | 18 | | to serve as the hearing officer in any action for refusal to | 19 | | issue or renew a license or discipline a license. The Board may | 20 | | have least one member present at any hearing conducted by the | 21 | | hearing officer. The hearing officer shall have full authority | 22 | | to conduct the hearing. The hearing officer shall report his or | 23 | | her findings of fact, conclusions of law, and recommendations | 24 | | to the Board and to the Secretary. | 25 | | Notwithstanding the provisions of Section 26 of this Act,
the |
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| 1 | | Secretary shall have the authority to appoint any attorney duly | 2 | | licensed
to practice law in the State of Illinois to serve as | 3 | | the hearing officer in
any action for discipline of a licensee. | 4 | | The Director shall notify the
Board of any such appointment. | 5 | | The hearing officer has full
authority to conduct the hearing. | 6 | | The Board has the right to have
at least one member present at | 7 | | any hearing conducted by such hearing
officer. The hearing | 8 | | officer shall report his findings of fact,
conclusions of law | 9 | | and recommendations to the Board and the Secretary. The
Board | 10 | | shall have 60 days from receipt of the report to review the | 11 | | report of
the hearing officer and present their findings of | 12 | | fact, conclusions of law
and recommendations to the Secretary. | 13 | | If the Board fails to present its
report within the 60 day | 14 | | period, the Secretary shall issue an order based
on the report | 15 | | of the hearing officer. If the Secretary disagrees in any
| 16 | | regard with the report of the Board or hearing officer, he or | 17 | | she may issue an
order in contravention thereof. The Secretary | 18 | | may shall notify the Board on any such deviation.
| 19 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 20 | | (225 ILCS 340/28) (from Ch. 111, par. 6628)
| 21 | | (Section scheduled to be repealed on January 1, 2020)
| 22 | | Sec. 28. Order or certified copy; prima facie proof. An | 23 | | order or a
certified copy thereof, over the seal of the | 24 | | Department and purporting to be
signed by the Secretary, shall | 25 | | be prima facie proof that:
|
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| 1 | | (1) 1. the signature is the genuine signature of the
| 2 | | Secretary;
| 3 | | (2) 2. the Secretary is duly appointed and qualified;
| 4 | | and
| 5 | | (3) 3. the Board and the members thereof are qualified | 6 | | to act.
| 7 | | Such proof may be rebutted.
| 8 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 9 | | (225 ILCS 340/29) (from Ch. 111, par. 6629)
| 10 | | (Section scheduled to be repealed on January 1, 2020)
| 11 | | Sec. 29. Restoration from disciplinary status. | 12 | | (a) At any time after the successful completion of a term | 13 | | of probation, suspension, or revocation of any license under | 14 | | this Act, the Department may restore the license to the | 15 | | licensee upon the written recommendation of the Board, unless | 16 | | after an investigation and a hearing the Department determines | 17 | | that restoration is not in the public interest. | 18 | | (b) Where circumstances of suspension or revocation so | 19 | | indicate, the Department may require an examination of the | 20 | | licensee or registrant prior to restoring his or her license or | 21 | | registration. | 22 | | (c) No person or entity whose license has been revoked as | 23 | | authorized in this Act may apply for restoration of that | 24 | | license until such time as provided for in the Department of | 25 | | Professional Regulation Law of the Civil Administrative Code of |
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| 1 | | Illinois. | 2 | | (d) A license that has been suspended or revoked shall be | 3 | | considered nonrenewed for purposes of restoration and a | 4 | | licensee restoring his or her license from suspension or | 5 | | revocation must comply with the requirements for restoration as | 6 | | set forth in Section 14 and any related rules adopted. | 7 | | At any time after the refusal to issue, restore, renew or
| 8 | | suspend or revoke of any license, the Department may issue or | 9 | | restore it to
the accused person without examination, upon the | 10 | | written recommendation of
the Board.
| 11 | | (Source: P.A. 86-711 .)
| 12 | | (225 ILCS 340/30) (from Ch. 111, par. 6630)
| 13 | | (Section scheduled to be repealed on January 1, 2020)
| 14 | | Sec. 30. Surrender of license or registration. Upon the | 15 | | revocation or suspension of any license or registration , the
| 16 | | licensee or professional design firm shall immediately | 17 | | surrender the license , or licenses , or registration to the
| 18 | | Department and if the licensee or registrant fails to do so, | 19 | | the Department shall have
the right to seize the license or | 20 | | registration .
| 21 | | (Source: P.A. 86-711 .)
| 22 | | (225 ILCS 340/31) (from Ch. 111, par. 6631)
| 23 | | (Section scheduled to be repealed on January 1, 2020)
| 24 | | Sec. 31. Temporary suspension of a license or registration. |
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| 1 | | The Secretary may temporarily suspend the license or | 2 | | registration of a
structural engineer without a hearing, | 3 | | simultaneously with the institution
of proceedings for a | 4 | | hearing provided for in Section 22 of this Act, if
the | 5 | | Secretary finds that evidence in the Department's his | 6 | | possession indicates that a
structural engineer's continuation | 7 | | in practice would constitute an imminent
danger to the public. | 8 | | In the event that the Secretary temporarily suspends
the | 9 | | license or registration of a structural engineer without a | 10 | | hearing, a
hearing by the Board must be commenced within 30 | 11 | | days after such
suspension has occurred.
| 12 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 13 | | (225 ILCS 340/32) (from Ch. 111, par. 6632)
| 14 | | (Section scheduled to be repealed on January 1, 2020)
| 15 | | Sec. 32. Administrative review. | 16 | | (a) All final administrative decisions of the Department | 17 | | under
this Act are subject to judicial review pursuant to the | 18 | | provisions of the
Administrative Review Law , as now or | 19 | | hereafter amended, and all its rules adopted pursuant thereto .
| 20 | | The term "administrative decision" is defined as in Section | 21 | | 3-101 of the
Code of Civil Procedure.
| 22 | | (b) Proceedings Such proceedings for judicial review shall | 23 | | be commenced in the circuit
court Circuit
Court of the county | 24 | | in which the party applying for review resides , but if the ; | 25 | | provided,
that if such party is not a resident of this State, |
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| 1 | | the venue
shall be in Sangamon County.
| 2 | | (c) The Department shall not be required to certify any | 3 | | record to the court or file any answer in court or to otherwise | 4 | | appear in any court in a judicial review proceeding unless the | 5 | | Department has received from the plaintiff payment of the costs | 6 | | of furnishing and certifying the record, which costs shall be | 7 | | determined by the Department. | 8 | | (d) Failure on the part of the plaintiff to file a receipt | 9 | | in court shall be grounds for dismissal of the action. | 10 | | (e) During the pendency and hearing of any and all judicial | 11 | | proceedings incident to a disciplinary action the sanctions | 12 | | imposed upon the accused by the Department shall remain in full | 13 | | force and effect. | 14 | | (Source: P.A. 86-711 .)
| 15 | | (225 ILCS 340/32.5 new) | 16 | | Sec. 32.5. Confidentiality. All information collected by | 17 | | the Department in the course of an examination or investigation | 18 | | of a licensee or applicant, including, but not limited to, any | 19 | | complaint against a licensee filed with the Department and | 20 | | information collected to investigate any such complaint, shall | 21 | | be maintained for the confidential use of the Department and | 22 | | shall not be disclosed. The Department may not disclose the | 23 | | information to anyone other than law enforcement officials, | 24 | | other regulatory agencies that have an appropriate regulatory | 25 | | interest as determined by the Secretary, or a party presenting |
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| 1 | | a lawful subpoena to the Department. Information and documents | 2 | | disclosed to a federal, State, county, or local law enforcement | 3 | | agency shall not be disclosed by the agency for any purpose to | 4 | | any other agency or person. A formal complaint filed against a | 5 | | licensee by the Department or any order issued by the | 6 | | Department against a licensee or applicant shall be a public | 7 | | record, except as otherwise prohibited by law.
| 8 | | (225 ILCS 340/35) (from Ch. 111, par. 6635)
| 9 | | (Section scheduled to be repealed on January 1, 2020)
| 10 | | Sec. 35. Illinois Administrative Procedure Act. The | 11 | | Illinois Administrative
Procedure Act is hereby expressly | 12 | | adopted and incorporated herein as if all of
the provisions of | 13 | | that Act were included in this Act, except that the provision
| 14 | | of subsection (d) of Section 10-65 of the Illinois | 15 | | Administrative Procedure Act
that provides that at hearings the | 16 | | licensee has the right to show compliance
with all lawful | 17 | | requirements for retention, continuation or renewal of the
| 18 | | license is specifically excluded. For the purposes of this Act , | 19 | | the notice
required under Section 10-25 of the Illinois | 20 | | Administrative Procedure Act is deemed
sufficient when mailed | 21 | | or emailed to the last known address of record a party .
| 22 | | (Source: P.A. 88-45 .)
| 23 | | (225 ILCS 340/36) (from Ch. 111, par. 6636)
| 24 | | (Section scheduled to be repealed on January 1, 2020)
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| 1 | | Sec. 36. Fund; appropriations; investments; audits. Moneys | 2 | | collected
under this Act and deposited into in the Design | 3 | | Professionals Administration and
Investigation Fund shall be | 4 | | appropriated to the Department exclusively for
expenses of the | 5 | | Department and the Board in the administration of this Act,
the | 6 | | Illinois Professional Land Surveyor Act of 1989, the | 7 | | Professional
Engineering Practice Act of 1989, and the Illinois | 8 | | Architecture Practice
Act. The expenses of the Department under | 9 | | this Act shall be limited to the
ordinary and contingent | 10 | | expenses of the Design Professionals Dedicated
Employees | 11 | | within the Department as established under Section 2105-75
of | 12 | | the
Department of Professional Regulation Law of the Civil | 13 | | Administrative Code of Illinois (20 ILCS 2105/2105-75) and | 14 | | other
expenses related to the
administration and enforcement of | 15 | | this Act.
| 16 | | Moneys from the Fund may also be used for direct and | 17 | | allocable indirect
costs related to the public purposes of the | 18 | | Department of Professional
Regulation. Moneys in the Fund may | 19 | | be transferred to the Professions Indirect
Cost Fund as | 20 | | authorized by Section 2105-300 of the Department of
| 21 | | Professional Regulation Law of the Civil Administrative Code of | 22 | | Illinois (20 ILCS 2105/2105-300) .
| 23 | | Moneys in the Design Professionals Administration and | 24 | | Investigation Fund
may be invested and reinvested, with all | 25 | | earnings received from the
investments to be deposited into in | 26 | | the Design Professionals Administration and
Investigation Fund |
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| 1 | | and used for the same purposes as fees deposited into in
the | 2 | | Fund.
| 3 | | All fines and penalties under Sections 20 and 20.5 34 shall | 4 | | be deposited into
in the Design Professionals Administration | 5 | | and Investigation Fund.
| 6 | | Upon the completion of any audit of the Department, as | 7 | | prescribed by the
Illinois State Auditing Act, that includes an | 8 | | audit of the Design
Professionals Administration and | 9 | | Investigation Fund, the Department shall
make the audit open to | 10 | | inspection by any interested person. The copy of
the audit | 11 | | report required to be submitted to the Department by this | 12 | | Section
is in addition to copies of audit reports required to | 13 | | be submitted to other
State officers and agencies by Section | 14 | | 3-14 of the Illinois State Auditing Act.
| 15 | | (Source: P.A. 91-239, eff. 1-1-00 .)
| 16 | | (225 ILCS 340/4.5 rep.) | 17 | | (225 ILCS 340/33 rep.) | 18 | | (225 ILCS 340/34 rep.) | 19 | | Section 15. The Structural Engineering Practice Act of 1989 | 20 | | is amended by repealing Sections 4.5, 33, and 34. | 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law. |
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