Full Text of HB1394 97th General Assembly
HB1394enr 97TH 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 4.22 and by adding Section 4.32 as follows:
| 6 | | (5 ILCS 80/4.22)
| 7 | | Sec. 4.22. Acts repealed on January 1, 2012. The following
| 8 | | Acts are repealed on January 1, 2012:
| 9 | | The Detection of Deception Examiners Act.
| 10 | | The Home Inspector License Act.
| 11 | | The Interior Design Title Act.
| 12 | | The Massage Licensing Act.
| 13 | | The Petroleum Equipment Contractors Licensing Act.
| 14 | | The Professional Boxing Act.
| 15 | | The Real Estate Appraiser Licensing Act of 2002.
| 16 | | The Water Well and Pump Installation Contractor's License | 17 | | Act.
| 18 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 19 | | (5 ILCS 80/4.32 new) | 20 | | Sec. 4.32. Act repealed on January 1, 2022. The following | 21 | | Act is repealed on January 1, 2022: | 22 | | The Detection of Deception Examiners Act. |
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| 1 | | Section 10. The Detection of Deception Examiners Act is | 2 | | amended by changing Sections 1, 3, 4, 4.5, 7.2, 7.3, 8, 10.1, | 3 | | 11, 13, 14, 15, 17, 18, 19, 20, 22, 24, 25, 26, 26.1, 28, 29, | 4 | | and 30 and by adding Sections 18.3 and 26.5 as follows: | 5 | | (225 ILCS 430/1) (from Ch. 111, par. 2401)
| 6 | | (Section scheduled to be repealed on January 1, 2012)
| 7 | | Sec. 1. Definitions. As used in this Act, unless the | 8 | | context otherwise
requires:
| 9 | | "Address of Record" means the designated address recorded | 10 | | by the Department in the applicant's or licensee's application | 11 | | file or license file as maintained by the Department's | 12 | | licensure maintenance unit. It is the duty of the applicant or | 13 | | licensee to inform the Department of any change of address and | 14 | | those changes must be made either through the Department's | 15 | | website or by contacting the Department. | 16 | | "Detection of Deception Examination", hereinafter referred
| 17 | | to as "Examination" means any examination in which a device or | 18 | | instrument
is used to test or question individuals for the | 19 | | purpose of evaluating
truthfulness or untruthfulness.
| 20 | | "Examiner" means any person licensed under this Act.
| 21 | | "Person" includes any natural person, partnership, | 22 | | association,
corporation or trust.
| 23 | | "Department" means the Department of Financial and | 24 | | Professional Regulation of the
State of Illinois .
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| 1 | | "Director" means the Director of Professional Regulation | 2 | | of the State of
Illinois.
| 3 | | "Him" means both the male and female gender.
| 4 | | "Law enforcement agency" means an agency of the State or a | 5 | | unit of local
government that is vested by law or ordinance | 6 | | with the power to maintain public
order and to
enforce criminal | 7 | | laws and ordinances.
| 8 | | "Secretary" means the Secretary of Financial and | 9 | | Professional Regulation. | 10 | | (Source: P.A. 92-453, eff. 8-21-01; 93-619, eff. 12-15-03.)
| 11 | | (225 ILCS 430/3) (from Ch. 111, par. 2403)
| 12 | | (Section scheduled to be repealed on January 1, 2012)
| 13 | | Sec. 3.
Every examiner shall use an instrument which | 14 | | records permanently
and simultaneously the subject's | 15 | | cardiovascular, respiratory
and galvanic skin response | 16 | | patterns
as minimum standards and shall base his or her | 17 | | evaluation upon changes in such
patterns. Such an instrument | 18 | | may record additional
physiological patterns pertinent to the | 19 | | detection of deception.
The examiner may also consider changes | 20 | | in such additional patterns in
making his or her evaluations. | 21 | | An examiner
shall, upon written request of a person examined, | 22 | | make known the results of
such test to the person examined | 23 | | within 5 days of receipt of the written
request.
| 24 | | (Source: P.A. 82-200.)
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| 1 | | (225 ILCS 430/4) (from Ch. 111, par. 2404)
| 2 | | (Section scheduled to be repealed on January 1, 2012)
| 3 | | Sec. 4. Registration or license required; exceptions.
| 4 | | (a) It is unlawful for any person to administer detection | 5 | | of
deception examinations, or attempt to hold himself or | 6 | | herself out as an Examiner,
unless registered or licensed by | 7 | | the Department. However, this shall not
prohibit the use of | 8 | | detection of deception equipment by a person licensed
to | 9 | | practice medicine in all its branches under the Medical | 10 | | Practice Act of
1987 when the results are to be used in | 11 | | research.
| 12 | | (b) Nothing in this Act prohibits the use of a voice stress | 13 | | analyzer
by
any
fully trained full time certified law | 14 | | enforcement officer of a law enforcement
agency in the course | 15 | | of its
duties as an investigative aid in a criminal | 16 | | investigation.
Law enforcement users of a voice stress analyzer | 17 | | shall
be trained in a manner approved by the Illinois Law | 18 | | Enforcement Training
Standards Board. The use of a voice stress | 19 | | analyzer shall be conducted only
with the prior written consent | 20 | | of the subject of such investigation.
Surreptitious use of a | 21 | | voice stress analyzer is prohibited. Use of a voice
stress | 22 | | analyzer is prohibited when a State or
local law enforcement | 23 | | officer stops a motorist for an alleged violation of the
| 24 | | Illinois Vehicle Code. A voice stress analyzer is prohibited | 25 | | for use in
pre-employment screening and for internal | 26 | | investigations. For the purposes of
this subsection (b), "voice |
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| 1 | | stress
analyzer" means an investigative tool that
records voice | 2 | | stress factors related to frequency modulations in the human
| 3 | | voice.
| 4 | | (Source: P.A. 93-619, eff. 12-15-03.)
| 5 | | (225 ILCS 430/4.5)
| 6 | | (Section scheduled to be repealed on January 1, 2012)
| 7 | | Sec. 4.5. Unlicensed practice; violation; civil penalty.
| 8 | | (a) Any person who practices, offers to practice, attempts | 9 | | to practice, or
holds oneself out to practice as a detection of | 10 | | deception examiner without
being licensed under this Act shall, | 11 | | in
addition to any other penalty provided by law, pay a civil | 12 | | penalty to the
Department in an amount not to exceed $10,000 | 13 | | $5,000 for each offense as determined by
the Department. The | 14 | | civil penalty shall be assessed by the Department after a
| 15 | | hearing is held in accordance with the provisions set forth in | 16 | | this Act
regarding the provision of a hearing for the | 17 | | discipline of a licensee.
| 18 | | (b) The Department has the authority and power to | 19 | | investigate any and all
unlicensed activity.
| 20 | | (c) The civil penalty shall be paid within 60 days after | 21 | | the effective date
of the order imposing the civil penalty. The | 22 | | order shall constitute a judgment
and may be filed and | 23 | | execution had thereon in the same manner as any judgment
from | 24 | | any court of record.
| 25 | | (Source: P.A. 89-474, eff. 6-18-96.)
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| 1 | | (225 ILCS 430/7.2)
| 2 | | (Section scheduled to be repealed on January 1, 2012)
| 3 | | Sec. 7.2. Detection of Deception Examiners Act | 4 | | Coordinator. The Secretary may Director
shall
appoint a | 5 | | Detection of Deception
Examiners Act Coordinator to assist the | 6 | | Department in the administration of
this Act. The Detection of | 7 | | Deception Examiners Act
Coordinator shall be a person licensed | 8 | | under this Act and shall have no
less than 10 years of | 9 | | experience as an Illinois licensed Detection of Deception
| 10 | | Examiner.
The Detection of Deception Examiners Act Coordinator | 11 | | shall perform such
administrative functions on a full or | 12 | | part-time basis
as may be delegated to him or her by the | 13 | | Secretary Director , including, but not limited
to, revising | 14 | | revision of the licensing examination , reviewing and review of | 15 | | the training and
qualifications of applicants , and | 16 | | interviewing witnesses, the complainant, and any licensees | 17 | | involved in an alleged matter from a jurisdiction outside of | 18 | | Illinois .
| 19 | | Whenever the Director is satisfied that substantial | 20 | | justice has not been done
in an examination, he may order a | 21 | | re-examination by the same or other
examiners.
| 22 | | (Source: P.A. 92-453, eff. 8-21-01.)
| 23 | | (225 ILCS 430/7.3)
| 24 | | (Section scheduled to be repealed on January 1, 2012)
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| 1 | | Sec. 7.3. Appointment of a Hearing Officer. The Secretary | 2 | | Director has the
authority to appoint an attorney, licensed to | 3 | | practice law in the State of
Illinois, to serve as a Hearing | 4 | | Officer in any action for refusal to issue or
renew a license | 5 | | or to discipline a license. The Hearing Officer has full
| 6 | | authority to conduct the hearing. The appointed Detection of | 7 | | Deception
Coordinator may attend hearings and advise the | 8 | | Hearing Officer on technical
matters involving Detection of | 9 | | Deception examinations.
| 10 | | (Source: P.A. 92-453, eff. 8-21-01.)
| 11 | | (225 ILCS 430/8) (from Ch. 111, par. 2409)
| 12 | | (Section scheduled to be repealed on January 1, 2012)
| 13 | | Sec. 8.
Applications for original licenses shall be made to | 14 | | the Department
in writing on forms prescribed by the Department | 15 | | and shall be accompanied
by the required fee, which shall not | 16 | | be returnable. Any such application
shall require such | 17 | | information as in the judgment of the Department will
enable | 18 | | the Department to pass on the qualifications of the applicant | 19 | | for a
license.
| 20 | | If an applicant neglects, fails without an approved excuse | 21 | | or refuses
to take the next available examination for a
license | 22 | | under this Act, the fee
paid by the applicant shall be | 23 | | forfeited and the
application denied. If an applicant fails to | 24 | | pass an examination for a
license under this Act within 3 years | 25 | | after filing his or her application, the
application shall be |
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| 1 | | denied. However, such applicant may thereafter make a new
| 2 | | application for examination, accompanied by the required fee.
| 3 | | (Source: P.A. 84-266.)
| 4 | | (225 ILCS 430/10.1) (from Ch. 111, par. 2411.1)
| 5 | | (Section scheduled to be repealed on January 1, 2012)
| 6 | | Sec. 10.1.
Prior to beginning the 6 months of study of | 7 | | detection of
deception required by paragraph D of Section 11, a | 8 | | person shall register
with the Department. Persons who so | 9 | | register may administer examinations
under the supervision and | 10 | | control of an examiner during their course of study.
| 11 | | This registration is valid for 1 year and may not be | 12 | | renewed as set forth by rule .
| 13 | | (Source: P.A. 82-200.)
| 14 | | (225 ILCS 430/11) (from Ch. 111, par. 2412)
| 15 | | (Section scheduled to be repealed on January 1, 2012)
| 16 | | Sec. 11. Qualifications for licensure as an examiner. A | 17 | | person is
qualified to receive a license as an examiner:
| 18 | | A. Who establishes that he or she is a person of good moral | 19 | | character; and
| 20 | | B. Who has passed an examination approved by the Department | 21 | | to determine his or her
competency to obtain a license to
| 22 | | practice as an examiner; and
| 23 | | C. Who has had conferred upon him or her an academic | 24 | | degree, at the
baccalaureate level, from an accredited college |
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| 1 | | or university; and
| 2 | | D. Who has satisfactorily completed 6 months of study in | 3 | | detection of
deception, as prescribed by rule , which shall | 4 | | include, but not be limited to, course content, trainer | 5 | | qualifications, and specialized instructor qualifications .
| 6 | | In determining good moral character, the Department may | 7 | | take into consideration conviction of any crime under the laws | 8 | | of the United States or any state or territory thereof that is | 9 | | a felony or a misdemeanor or any crime that is directly related | 10 | | to the practice of the profession. Conviction of a misdemeanor | 11 | | involving moral turpitude or a felony may
be considered, but | 12 | | shall not be determinative, in determining whether an
applicant
| 13 | | is of good moral character.
| 14 | | (Source: P.A. 92-453, eff. 8-21-01.)
| 15 | | (225 ILCS 430/13) (from Ch. 111, par. 2414)
| 16 | | (Section scheduled to be repealed on January 1, 2012)
| 17 | | Sec. 13.
The expiration
date and renewal period for each | 18 | | license issued under this Act shall be
set by rule. An examiner | 19 | | whose license has
expired may reinstate his or her license at | 20 | | any time within 5 years after the
expiration thereof, by making | 21 | | a renewal application therefore therefor and by
paying the | 22 | | required fee. However, any examiner whose license
expired while | 23 | | he or she was (1) in Federal Service on active duty with the
| 24 | | Armed Forces of the United States, or the State Militia called | 25 | | into
service or training, or (2) in training or education under |
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| 1 | | the
supervision of the United States preliminary to induction | 2 | | into the
military service, may have his or her license renewed, | 3 | | reinstated or restored
without paying any lapsed renewal and | 4 | | restoration fees if within 2
years after honorable
termination | 5 | | of such service, training or education except under
conditions | 6 | | other than honorable, he or she furnishes the Department with
| 7 | | satisfactory evidence to the effect that he or she has been so | 8 | | engaged and that
his or her service, training or education has | 9 | | been so terminated.
| 10 | | A license or duplicate license must be prominently | 11 | | displayed at the
principal place of business of every examiner.
| 12 | | Notice in writing shall be given to the Department by such | 13 | | license
holder of any change of principal business location | 14 | | whereupon, the
Department shall issue a new license for the | 15 | | unexpired period upon
payment of the required fee. A change of | 16 | | business location without
notification to the Department and | 17 | | without the issuance by it of a new
license shall automatically | 18 | | suspend the license theretofore issued.
| 19 | | (Source: P.A. 84-1299.)
| 20 | | (225 ILCS 430/14) (from Ch. 111, par. 2415)
| 21 | | (Section scheduled to be repealed on January 1, 2012)
| 22 | | Sec. 14.
(a) The Department may refuse to issue or renew , | 23 | | may suspend or may revoke , suspend, place on probation, | 24 | | reprimand, or take other disciplinary or non-disciplinary | 25 | | action as the Department may deem appropriate, including |
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| 1 | | imposing fines not to exceed $10,000 for each violation, with | 2 | | regard to any a license for any one or a combination of the | 3 | | following grounds :
| 4 | | (1) A. Material misstatement in furnishing information | 5 | | to the Department the application for original license or | 6 | | in
the application for any renewal license under this Act .
| 7 | | (2) Violations of this Act, or of the rules adopted | 8 | | under this Act. B. Wilful disregard or violation of this | 9 | | Act or of any regulation or rule
issued pursuant thereto.
| 10 | | (3) Conviction by plea of guilty or nolo contendere, | 11 | | finding of guilt, jury verdict, or entry of judgment or by | 12 | | sentencing of any crime, including, but not limited to, | 13 | | convictions, preceding sentences of supervision, | 14 | | conditional discharge, or first offender probation, under | 15 | | the laws of any jurisdiction of the United States: (i) that | 16 | | is a felony or (ii) that is a misdemeanor, an essential | 17 | | element of which is dishonesty, or that is directly related | 18 | | to the practice of the profession. C. Conviction in this or | 19 | | another State of any crime which is a felony
under the laws | 20 | | of this State or conviction of a felony in a federal court,
| 21 | | or conviction of a misdemeanor involving moral turpitude.
| 22 | | (4) Making any misrepresentation for the purpose of | 23 | | obtaining licensure or violating any provision of this Act | 24 | | or the rules adopted under this Act pertaining to | 25 | | advertising. D. Making any wilful misrepresentation or | 26 | | false promises or causing to
be printed any false or |
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| 1 | | misleading advertisement for the purpose of directly
or | 2 | | indirectly obtaining business or trainees.
| 3 | | (5) Professional incompetence. E. Having demonstrated | 4 | | incompetency to act as an examiner as
defined under this | 5 | | Act.
| 6 | | (6) F. Allowing one's license under this Act to be used | 7 | | by an unlicensed
person in violation of this Act.
| 8 | | (7) Aiding G. Wilfully aiding or assisting abetting | 9 | | another person in the violating violation of this Act or
of | 10 | | any rule adopted under this Act issued by the Department | 11 | | pursuant thereto .
| 12 | | (8) H. Where the license holder has been adjudged | 13 | | mentally ill, mentally
deficient or subject to involuntary | 14 | | admission as provided in the Mental
Health and | 15 | | Developmental Disabilities Code.
| 16 | | (9) I. Failing, within 60 days a reasonable time , to | 17 | | provide information in response to a written request made | 18 | | requested
by the Department as the result of a formal or | 19 | | informal complaint to the
Department, which would indicate | 20 | | a violation of this Act .
| 21 | | (10) Engaging in dishonorable, unethical, or | 22 | | unprofessional conduct of a character likely to deceive, | 23 | | defraud, or harm the public. | 24 | | (11) Inability to practice with reasonable judgment, | 25 | | skill, or safety as a result of habitual or excessive use | 26 | | or addiction to alcohol, narcotics, stimulants, or any |
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| 1 | | other chemical agent or drug. | 2 | | (12) Discipline by another state, District of | 3 | | Columbia, territory, or foreign nation, if at least one of | 4 | | the grounds for the discipline is the same or substantially | 5 | | equivalent to those set forth in this Section. | 6 | | (13) A finding by the Department that the licensee, | 7 | | after having his or her license placed on probationary | 8 | | status, has violated the terms of probation. | 9 | | (14) Willfully making or filing false records or | 10 | | reports in his or her practice, including, but not limited | 11 | | to, false records filed with State agencies or departments. | 12 | | (15) Inability to practice the profession with | 13 | | reasonable judgment, skill, or safety as a result of a | 14 | | physical illness, including, but not limited to, | 15 | | deterioration through the aging process or loss of motor | 16 | | skill, or a mental illness or disability. | 17 | | (16) Charging for professional services not rendered, | 18 | | including filing false statements for the collection of | 19 | | fees for which services are not rendered. | 20 | | (17) Practicing under a false or, except as provided by | 21 | | law, an assumed name. | 22 | | (18) Fraud or misrepresentation in applying for, or | 23 | | procuring, a license under this Act or in connection with | 24 | | applying for renewal of a license under this Act. | 25 | | (19) Cheating on or attempting to subvert the licensing | 26 | | examination administered under this Act. |
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| 1 | | All fines imposed under this Section shall be paid within | 2 | | 60 days after the effective date of the order imposing the | 3 | | fine. | 4 | | J. Failure to file a return, or to pay the tax, penalty or | 5 | | interest shown
in a filed return, or to pay any final | 6 | | assessment of tax, penalty or
interest, as required by any tax | 7 | | Act administered by the Illinois
Department of Revenue, until | 8 | | such time as the requirements of any such tax
Act are | 9 | | satisfied.
| 10 | | (b) The Department may refuse to issue or may suspend | 11 | | without hearing, as provided for in the Code of Civil | 12 | | Procedure, the license of any person who fails to file a | 13 | | return, or pay the tax, penalty, or interest shown in a filed | 14 | | return, or pay any final assessment of the tax, penalty, or | 15 | | interest as required by any tax Act administered by the | 16 | | Illinois Department of Revenue, until such time as the | 17 | | requirements of any such tax Act are satisfied in accordance | 18 | | with subsection (g) of Section 2105-15 of the Civil | 19 | | Administrative Code of Illinois. | 20 | | (c) The Department shall deny a license or renewal | 21 | | authorized by this Act to a person who has defaulted on an | 22 | | educational loan or scholarship provided or guaranteed by the | 23 | | Illinois Student Assistance Commission or any governmental | 24 | | agency of this State in accordance with item (5) of subsection | 25 | | (g) of Section 2105-15 of the Civil Administrative Code of | 26 | | Illinois. |
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| 1 | | (d) In cases where the Department of Healthcare and Family | 2 | | Services has previously determined a licensee or a potential | 3 | | licensee is more than 30 days delinquent in the payment of | 4 | | child support and has subsequently certified the delinquency to | 5 | | the Department, the Department may refuse to issue or renew or | 6 | | may revoke or suspend that person's license or may take other | 7 | | disciplinary action against that person based solely upon the | 8 | | certification of delinquency made by the Department of | 9 | | Healthcare and Family Services in accordance with item (5) of | 10 | | subsection (g) of Section 1205-15 of the Civil Administrative | 11 | | Code of Illinois. | 12 | | (e) The determination by a circuit court that a licensee is | 13 | | subject to involuntary admission or judicial admission, as | 14 | | provided in the Mental Health and Development Disabilities | 15 | | Code, operates as an automatic suspension. The suspension will | 16 | | end only upon a finding by a court that the patient is no | 17 | | longer subject to involuntary admission or judicial admission | 18 | | and the issuance of an order so finding and discharging the | 19 | | patient. | 20 | | (f) In enforcing this Act, the Department, upon a showing | 21 | | of a possible violation, may compel an individual licensed to | 22 | | practice under this Act, or who has applied for licensure under | 23 | | this Act, to submit to a mental or physical examination, or | 24 | | both, as required by and at the expense of the Department. The | 25 | | Department may order the examining physician to present | 26 | | testimony concerning the mental or physical examination of the |
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| 1 | | licensee or applicant. No information shall be excluded by | 2 | | reason of any common law or statutory privilege relating to | 3 | | communications between the licensee or applicant and the | 4 | | examining physician. The examining physicians shall be | 5 | | specifically designated by the Department. The individual to be | 6 | | examined may have, at his or her own expense, another physician | 7 | | of his or her choice present during all aspects of this | 8 | | examination. The examination shall be performed by a physician | 9 | | licensed to practice medicine in all its branches. Failure of | 10 | | an individual to submit to a mental or physical examination, | 11 | | when directed, shall result in an automatic suspension without | 12 | | hearing. | 13 | | A person holding a license under this Act or who has | 14 | | applied for a license under this Act who, because of a physical | 15 | | or mental illness or disability, including, but not limited to, | 16 | | deterioration through the aging process or loss of motor skill, | 17 | | is unable to practice the profession with reasonable judgment, | 18 | | skill, or safety, may be required by the Department to submit | 19 | | to care, counseling, or treatment by physicians approved or | 20 | | designated by the Department as a condition, term, or | 21 | | restriction for continued, reinstated, or renewed licensure to | 22 | | practice. Submission to care, counseling, or treatment as | 23 | | required by the Department shall not be considered discipline | 24 | | of a license. If the licensee refuses to enter into a care, | 25 | | counseling, or treatment agreement or fails to abide by the | 26 | | terms of the agreement, the Department may file a complaint to |
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| 1 | | revoke, suspend, or otherwise discipline the license of the | 2 | | individual. The Secretary may order the license suspended | 3 | | immediately, pending a hearing by the Department. Fines shall | 4 | | not be assessed in disciplinary actions involving physical or | 5 | | mental illness or impairment. | 6 | | In instances in which the Secretary immediately suspends a | 7 | | person's license under this Section, a hearing on that person's | 8 | | license must be convened by the Department within 15 days after | 9 | | the suspension and completed without appreciable delay. The | 10 | | Department shall have the authority to review the subject | 11 | | individual's record of treatment and counseling regarding the | 12 | | impairment to the extent permitted by applicable federal | 13 | | statutes and regulations safeguarding the confidentiality of | 14 | | medical records. | 15 | | An individual licensed under this Act and affected under | 16 | | this Section shall be afforded an opportunity to demonstrate to | 17 | | the Department that he or she can resume practice in compliance | 18 | | with acceptable and prevailing standards under the provisions | 19 | | of his or her license. | 20 | | (Source: P.A. 85-1222.)
| 21 | | (225 ILCS 430/15) (from Ch. 111, par. 2416)
| 22 | | (Section scheduled to be repealed on January 1, 2012)
| 23 | | Sec. 15.
Any unlawful act or violation of any of the | 24 | | provisions of this Act
upon the part of any examiner or | 25 | | trainee, shall not be cause for revocation
of the license of |
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| 1 | | any other examiner for whom the offending examiner may
have | 2 | | been employed, unless it shall appear that the examiner knew or | 3 | | should have known of has wilfully
aided or abetted the actions | 4 | | or activities of the offending examiner or
trainee.
| 5 | | (Source: Laws 1963, p. 3300.)
| 6 | | (225 ILCS 430/17) (from Ch. 111, par. 2418)
| 7 | | (Section scheduled to be repealed on January 1, 2012)
| 8 | | Sec. 17. Investigations; notice and hearing. Complaints; | 9 | | investigations. The Department may upon its
own motion and | 10 | | shall, upon the verified
complaint in writing of any person | 11 | | setting forth facts which if proved
would constitute grounds | 12 | | for refusal, suspension or revocation of a license
under this | 13 | | Act, investigate the actions of any applicant or any
person or
| 14 | | persons rendering or offering to render detection of deception | 15 | | services or any person holding or claiming to hold a license as | 16 | | a licensed examiner . The Department shall, before
refusing to | 17 | | issue or renew a license or to discipline a licensee under | 18 | | Section 14 and before suspension or revocation of a license , at
| 19 | | least 30 days prior to the date set for the hearing, (i) notify | 20 | | the accused in
writing the
applicant for, or holder of, a | 21 | | license of the nature of the charges made and the time and | 22 | | place for the hearing on the charges, (ii) direct him or her | 23 | | and
that a hearing will be held on the date designated.
The | 24 | | Department shall
direct the applicant or licensee to file a | 25 | | written answer with the
Department under
oath within 20 days |
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| 1 | | after the service of the notice , and (iii) inform the applicant
| 2 | | or licensee that failure to file an answer will result in | 3 | | default being
taken against the applicant or licensee . At the | 4 | | time and place fixed in the notice, the Department shall | 5 | | proceed to hear the charges and the parties or their counsel | 6 | | shall be accorded ample opportunity to present any pertinent | 7 | | statements, testimony, evidence, and arguments. The Department | 8 | | may continue the hearing from time to time. In case the person, | 9 | | after receiving the notice, fails to file an answer, his or her | 10 | | license, may, in the discretion of the Department, be revoked, | 11 | | suspended, placed on probationary status, or the Department may | 12 | | take whatever disciplinary action considered proper, including | 13 | | limiting the scope, nature, or extent of the person's practice | 14 | | or the imposition of a fine, without a hearing, if the act or | 15 | | acts charged constitute sufficient grounds for that action | 16 | | under the Act. The written notice may be served by personal | 17 | | delivery or by certified mail to the accused's address of | 18 | | record. and that the license or certificate may
be
suspended, | 19 | | revoked, placed on probationary status, or other disciplinary
| 20 | | action may be taken, including limiting the scope, nature or | 21 | | extent of
practice, as the Director may deem proper.
In case | 22 | | the person fails to file an answer after receiving notice, his | 23 | | or
her license or certificate may, in the discretion of the | 24 | | Department, be
suspended, revoked, or placed on probationary | 25 | | status, or the Department may
take whatever disciplinary action | 26 | | deemed proper, including limiting the
scope, nature, or extent |
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| 1 | | of the person's practice or the imposition of a
fine, without a | 2 | | hearing, if the act or acts charged constitute sufficient
| 3 | | grounds for such action under this Act.
The hearing shall
| 4 | | determine whether the applicant or holder, hereinafter called | 5 | | the
respondent is privileged to hold a license, and shall | 6 | | afford the
respondent an opportunity to be heard in person or | 7 | | by counsel in reference
thereto. Written notice may be served | 8 | | by delivery of the same
personally to the respondent at the | 9 | | address of his last notification to the
Department.
At the time | 10 | | and place fixed in the notice, the Department
shall
proceed to | 11 | | hear the charges and both the respondent and Department shall
| 12 | | be accorded ample opportunity to present in person or by | 13 | | counsel such
statements, testimony, evidence and argument as | 14 | | may be pertinent to the
charges or to their defense. The | 15 | | Department may
continue the hearing from time to time.
| 16 | | (Source: P.A. 92-453, eff. 8-21-01.)
| 17 | | (225 ILCS 430/18) (from Ch. 111, par. 2419)
| 18 | | (Section scheduled to be repealed on January 1, 2012)
| 19 | | Sec. 18. Stenographer; transcript; Hearing Officer report. | 20 | | The Department,
at its expense, shall provide a stenographer to
| 21 | | take down the testimony and preserve a record of all | 22 | | proceedings at the
hearing of any case involving the refusal to | 23 | | issue or the suspension or
revocation of a license . The notice | 24 | | of hearing, complaint and all other
documents in the nature of | 25 | | pleadings and written motions filed in the
proceedings, the |
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| 1 | | transcript of testimony, the report of the Hearing Officer and
| 2 | | orders of the Department shall be the records of the
| 3 | | proceedings. The Department shall furnish a transcript of the
| 4 | | record to any person or persons interested in the hearing upon
| 5 | | the payment of the fee required under Section 2105-115 of the
| 6 | | Department of Professional Regulation Law (20 ILCS | 7 | | 2105/2105-115).
| 8 | | At the conclusion of the hearing, the Hearing Officer shall | 9 | | make findings
of fact, conclusions of law, and
recommendations, | 10 | | separately stated, and submit them to the Director and to all
| 11 | | parties to the proceeding.
| 12 | | The Hearing Officer's findings of fact, conclusions of law, | 13 | | and
recommendations
shall be served upon the licensee in a
| 14 | | similar fashion as service of the notice of formal charges. | 15 | | Within 20 days
after the service, any party to the proceeding | 16 | | may
present to the Director a motion, in writing, specifying | 17 | | the particular grounds
for a rehearing.
| 18 | | The Director, following the time allowed for filing a | 19 | | motion for rehearing,
shall review the Hearing Officer's | 20 | | findings of
fact, conclusions of law, and recommendations and | 21 | | any subsequently filed
motions. After review of the | 22 | | information, the
Director may hear oral arguments and | 23 | | thereafter shall issue the order.
The report of findings of | 24 | | fact, conclusions of law, and
recommendations of the Hearing | 25 | | Officer shall be the basis for the Department's
order. If the | 26 | | Director finds that substantial
justice was not done, the |
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| 1 | | Director may issue an order in contravention of the
Hearing | 2 | | Officer's recommendations. The Director shall promptly provide | 3 | | a
written explanation to all parties to the proceeding of any | 4 | | disagreement
with the Hearing Officer's recommendations.
| 5 | | (Source: P.A. 91-239, eff. 1-1-00; 92-453, eff. 8-21-01.)
| 6 | | (225 ILCS 430/18.3 new) | 7 | | Sec. 18.3. Finding and recommendations. At the conclusion | 8 | | of the hearing, the hearing officer shall make findings
of | 9 | | fact, conclusions of law, and
recommendations, separately | 10 | | stated, and submit them to the Secretary and to all
parties to | 11 | | the proceeding. | 12 | | The hearing officer's findings of fact, conclusions of law, | 13 | | and
recommendations
shall be served upon the licensee in a
| 14 | | similar fashion as service of the notice of formal charges. | 15 | | Within 20 days
after the service, any party to the proceeding | 16 | | may
present to the Secretary a motion, in writing, specifying | 17 | | the particular grounds
for a rehearing. | 18 | | The Secretary, following the time allowed for filing a | 19 | | motion for rehearing,
shall review the hearing officer's | 20 | | findings of
fact, conclusions of law, and recommendations and | 21 | | any subsequently filed
motions. After review of the | 22 | | information, the Secretary may hear oral arguments and | 23 | | thereafter shall issue the order.
The report of findings of | 24 | | fact, conclusions of law, and
recommendations of the hearing | 25 | | officer shall be the basis for the Department's
order. If the |
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| 1 | | Secretary finds that substantial
justice was not done, the | 2 | | Secretary may issue an order in contravention of the
hearing | 3 | | officer's recommendations.
| 4 | | (225 ILCS 430/19) (from Ch. 111, par. 2420)
| 5 | | (Section scheduled to be repealed on January 1, 2012)
| 6 | | Sec. 19. Subpoenas; depositions; oaths. | 7 | | (a) The Department may subpoena and bring before it any | 8 | | person to take the oral or written testimony or compel the | 9 | | production of any books, papers, records, or any other | 10 | | documents that the Secretary or his or her designee deems | 11 | | relevant or material to any investigation or hearing conducted | 12 | | by the Department with the same fees and in the same manner as | 13 | | prescribed in civil cases in the courts of this State. | 14 | | (b) Any circuit court, upon the application of the licensee | 15 | | or the Department, may order the attendance and testimony of | 16 | | witnesses and the production of relevant documents, files, | 17 | | records, books, and papers in connection with any hearing or | 18 | | investigation. The circuit court may compel obedience to its | 19 | | order by proceedings for contempt. | 20 | | (c) The Secretary, the hearing officer, any member of the | 21 | | Board, or a certified shorthand court reporter may administer | 22 | | oaths at any hearing the Department conducts. Notwithstanding | 23 | | any other statute or Department rule to the contrary, all | 24 | | requests for testimony, production of documents, or records | 25 | | shall be in accordance with this Act. Any circuit court may, |
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| 1 | | upon application
of the Director or of the applicant or | 2 | | licensee against whom proceedings upon
Section 17 of this Act | 3 | | are pending, enter an order requiring the
attendance of | 4 | | witnesses and their testimony, and the production of
documents, | 5 | | papers, files, books and records in connection with any hearing
| 6 | | in any proceedings under that section. The court may compel
| 7 | | obedience to its order by proceedings for contempt.
| 8 | | (Source: P.A. 83-334.)
| 9 | | (225 ILCS 430/20) (from Ch. 111, par. 2421)
| 10 | | (Section scheduled to be repealed on January 1, 2012)
| 11 | | Sec. 20.
Any person affected by a final administrative | 12 | | decision of the
Department may have such decision reviewed | 13 | | judicially by the circuit court
of the county wherein such | 14 | | person resides. If the plaintiff in the review
proceeding is | 15 | | not a resident of this State, the venue shall be in Sangamon
| 16 | | County. The provisions of the Administrative Review Law, and | 17 | | all amendments
and modifications thereof, and the rules adopted | 18 | | pursuant thereto, shall
apply to and govern all proceedings for | 19 | | the judicial review of final administrative
decisions of the | 20 | | Department hereunder. The term "administrative decision"
is | 21 | | defined as in Section 3-101 of the Code of Civil Procedure.
| 22 | | The Department shall not be required to certify any record | 23 | | to the court
or file any answer in court or otherwise appear in | 24 | | any court in a Judicial
review proceeding, unless and until the | 25 | | Department has received from the plaintiff there is filed in |
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| 1 | | the court with the complaint a
receipt from the Department | 2 | | acknowledging payment of the costs of
furnishing and certifying | 3 | | the record which costs shall be determined by the Department | 4 | | computed at the
rate of 20 cents per page of such record . | 5 | | Exhibits Exhibit shall be certified
without cost. Failure on | 6 | | the part of the plaintiff Plaintiff to file a such receipt in
| 7 | | court is shall be grounds for dismissal of the action.
| 8 | | (Source: P.A. 82-783.)
| 9 | | (225 ILCS 430/22) (from Ch. 111, par. 2423)
| 10 | | (Section scheduled to be repealed on January 1, 2012)
| 11 | | Sec. 22. Rules Regulations ; forms. The Secretary Director | 12 | | may issue rules
regulations , consistent with the provisions of | 13 | | this Act, for the
administration and enforcement thereof and | 14 | | may prescribe forms which shall
be issued in connection | 15 | | therewith.
| 16 | | (Source: P.A. 92-453, eff. 8-21-01.)
| 17 | | (225 ILCS 430/24) (from Ch. 111, par. 2425)
| 18 | | (Section scheduled to be repealed on January 1, 2012)
| 19 | | Sec. 24. Injunctions; cease and desist orders. If any | 20 | | person violates
a provision of this Act, the Secretary Director
| 21 | | may, in the name of the People of the State of Illinois, | 22 | | through the
Attorney General of the State of Illinois or the | 23 | | State's Attorney of the county in which the violation is | 24 | | alleged to have occurred, petition , apply, in the circuit |
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| 1 | | court,
for an order enjoining such violation or for an order | 2 | | enforcing compliance
with this Act. Upon the filing of a | 3 | | verified petition complaint
in such court , the court , with | 4 | | appropriate jurisdiction, may issue or any judge thereof, if | 5 | | satisfied by affidavit
or otherwise that such person has | 6 | | violated this Act, may enter
a temporary restraining order or | 7 | | preliminary injunction, without notice
or bond, and may | 8 | | preliminarily and permanently enjoin the violation. If | 9 | | enjoining such continued violation, and if it is established | 10 | | that
such person has violated or is violating the injunction | 11 | | this Act , the court Court may summarily
try and punish the | 12 | | offender for contempt of court.
Proceedings under this Section | 13 | | section shall be in
addition to, and not in lieu of, all other | 14 | | remedies and penalties provided
by this Act.
| 15 | | Whenever, in the opinion of the Department, a person | 16 | | violates any provision of this Act, the Department may issue a | 17 | | rule to show cause why an order to cease and desist should not | 18 | | be entered against that person. The rule shall clearly set | 19 | | forth the grounds relied upon by the Department and shall | 20 | | provide a period of 7 days from the date of the rule to file an | 21 | | answer to the satisfaction of the Department. Failure to answer | 22 | | to the satisfaction of the Department shall cause an order to | 23 | | cease and desist to be issued. The Department may conduct | 24 | | hearings and issue cease and desist orders with
respect to | 25 | | persons who engage in activities prohibited by this Act. Any
| 26 | | person in violation of a cease and desist order entered by the |
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| 1 | | Department
shall be subject to all of the remedies provided by | 2 | | law and, in addition,
shall be subject to a civil penalty | 3 | | payable to the party injured by the
violation in an amount up | 4 | | to $10,000.
| 5 | | (Source: P.A. 92-453, eff. 8-21-01.)
| 6 | | (225 ILCS 430/25) (from Ch. 111, par. 2426)
| 7 | | (Section scheduled to be repealed on January 1, 2012)
| 8 | | Sec. 25. Order or certified copy; prima facie proof. An | 9 | | order or a
certified copy thereof, over the seal of the | 10 | | Department and purporting to be
signed by the Secretary | 11 | | Director , shall be prima facie proof that:
| 12 | | (a) the signature is the genuine signature of the | 13 | | Secretary
Director ; and
| 14 | | (b) the Secretary Director is duly appointed and | 15 | | qualified.
| 16 | | (Source: P.A. 91-357, eff. 7-29-99; 92-453, eff. 8-21-01.)
| 17 | | (225 ILCS 430/26) (from Ch. 111, par. 2427)
| 18 | | (Section scheduled to be repealed on January 1, 2012)
| 19 | | Sec. 26. Fees. The Department shall provide by rule for a | 20 | | schedule of
fees for the administration and enforcement of this | 21 | | Act, including , but not
limited to , original licensure , | 22 | | registration , renewal, and restoration. The fees shall be
| 23 | | nonrefundable.
| 24 | | All fees collected under this Act shall be deposited into |
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| 1 | | the
General Professions Dedicated Fund and shall be | 2 | | appropriated to the Department
for the ordinary and contingent | 3 | | expenses of the Department in the
administration of this Act.
| 4 | | (Source: P.A. 91-454, eff. 1-1-00.)
| 5 | | (225 ILCS 430/26.1) (from Ch. 111, par. 2427.1)
| 6 | | (Section scheduled to be repealed on January 1, 2012)
| 7 | | Sec. 26.1. Returned checks; fines. Any person who delivers | 8 | | a check or other
payment to the Department that is returned to | 9 | | the Department unpaid by the
financial institution upon which | 10 | | it is drawn shall pay to the Department, in
addition to the | 11 | | amount already owed to the Department, a fine of $50. The
fines | 12 | | imposed by this Section are in addition to any other discipline | 13 | | provided
under this Act for unlicensed practice or practice on | 14 | | a nonrenewed license.
The Department shall notify
the person | 15 | | that payment of fees and fines shall be paid to the Department
| 16 | | by certified check or money order within 30 calendar days of | 17 | | the
notification. If, after the expiration of 30 days from the | 18 | | date of the
notification, the person has failed to submit the | 19 | | necessary remittance, the
Department shall automatically | 20 | | terminate the license or certificate or deny
the application, | 21 | | without hearing. If, after termination or denial, the
person | 22 | | seeks a license or certificate, he or she shall apply to the
| 23 | | Department for restoration or issuance of the license or | 24 | | certificate and
pay all fees and fines due to the Department. | 25 | | The Department may establish
a fee for the processing of an |
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| 1 | | application for restoration of a license or
certificate to pay | 2 | | all expenses of processing this application. The Secretary | 3 | | Director
may waive the fines due under this Section in | 4 | | individual cases where the Secretary
Director finds that the | 5 | | fines would be unreasonable or unnecessarily
burdensome.
| 6 | | (Source: P.A. 92-146, eff. 1-1-02; 92-453, eff. 8-21-01 .)
| 7 | | (225 ILCS 430/26.5 new) | 8 | | Sec. 26.5. Confidentiality. All information collected by | 9 | | the Department in the course of an examination or investigation | 10 | | of a licensee or applicant, including, but not limited to, any | 11 | | complaint against a licensee filed with the Department and | 12 | | information collected to investigate any such complaint, shall | 13 | | be maintained for the confidential use of the Department and | 14 | | shall not be disclosed. The Department may not disclose the | 15 | | information to anyone other than law enforcement officials, | 16 | | other regulatory agencies that have an appropriate regulatory | 17 | | interest as determined by the Secretary, or to a party | 18 | | presenting a lawful subpoena to the Department. Information and | 19 | | documents disclosed to a federal, State, county, or local law | 20 | | enforcement agency shall not be disclosed by the agency for any | 21 | | purpose to any other agency or person. A formal complaint filed | 22 | | against a licensee by the Department or any order issued by the | 23 | | Department against a licensee or applicant shall be a public | 24 | | record, except as otherwise prohibited by law.
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| 1 | | (225 ILCS 430/28) (from Ch. 111, par. 2429)
| 2 | | (Section scheduled to be repealed on January 1, 2012)
| 3 | | Sec. 28. Violations. Sentence. A person who is found to | 4 | | have violated any provision of this Act is guilty of a Class A | 5 | | misdemeanor for the first offense and a Class 4 felony for the | 6 | | second and any subsequent offense. Violation of this Act is a | 7 | | Class B misdemeanor. All fines under this Act
shall inure and | 8 | | be paid to the County in which the prosecution is
maintained.
| 9 | | (Source: P.A. 77-2650.)
| 10 | | (225 ILCS 430/29) (from Ch. 111, par. 2430)
| 11 | | (Section scheduled to be repealed on January 1, 2012)
| 12 | | Sec. 29. Restoration of license from discipline . At any | 13 | | time after the successful completion of a term of indefinite | 14 | | probation, suspension, or revocation of a license, the | 15 | | Department may restore the license to the licensee, unless, | 16 | | after an investigation and a hearing, the Secretary determines | 17 | | that restoration is not in the public interest. No person or | 18 | | entity whose license, certificate, or authority has been | 19 | | revoked as authorized in this Act may apply for restoration of | 20 | | that license, certification, or authority until such time as | 21 | | provided for in the Civil Administrative Code of Illinois. | 22 | | suspension or
revocation of any license, the
Department may | 23 | | restore it to the accused person.
| 24 | | (Source: P.A. 92-453, eff. 8-21-01.)
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| 1 | | (225 ILCS 430/30) (from Ch. 111, par. 2431)
| 2 | | (Section scheduled to be repealed on January 1, 2012)
| 3 | | Sec. 30.
An applicant who is an Examiner, licensed under | 4 | | the laws of
another state or territory of the United States, | 5 | | or an examiner who has been trained under the training | 6 | | standards determined by the federal government, may be issued a | 7 | | license
without examination by the Department, in its | 8 | | discretion, upon payment of a
fee as set by rule, and the | 9 | | production of satisfactory
proof :
| 10 | | (a) satisfactory proof that he or she is of good moral | 11 | | character; and
| 12 | | (b) satisfactory proof that the requirements for the | 13 | | licensing of Examiners in such
particular state or territory of | 14 | | the United States were, at the date of
licensing, substantially | 15 | | equivalent to the requirements then in force in
this State ; or .
| 16 | | (c) certification, if applicable, that the applicant has | 17 | | successfully completed the Defense Academy for Credibility | 18 | | Assessment course, or its predecessor or successor course. | 19 | | (Source: P.A. 92-453, eff. 8-21-01.)
| 20 | | (225 ILCS 430/10 rep.) | 21 | | Section 15. The Detection of Deception Examiners Act is | 22 | | amended by repealing Section 10.
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 80/4.22 | | | 4 | | 5 ILCS 80/4.32 new | | | 5 | | 225 ILCS 430/1 | from Ch. 111, par. 2401 | | 6 | | 225 ILCS 430/3 | from Ch. 111, par. 2403 | | 7 | | 225 ILCS 430/4 | from Ch. 111, par. 2404 | | 8 | | 225 ILCS 430/4.5 | | | 9 | | 225 ILCS 430/7.2 | | | 10 | | 225 ILCS 430/7.3 | | | 11 | | 225 ILCS 430/8 | from Ch. 111, par. 2409 | | 12 | | 225 ILCS 430/10.1 | from Ch. 111, par. 2411.1 | | 13 | | 225 ILCS 430/11 | from Ch. 111, par. 2412 | | 14 | | 225 ILCS 430/13 | from Ch. 111, par. 2414 | | 15 | | 225 ILCS 430/14 | from Ch. 111, par. 2415 | | 16 | | 225 ILCS 430/15 | from Ch. 111, par. 2416 | | 17 | | 225 ILCS 430/17 | from Ch. 111, par. 2418 | | 18 | | 225 ILCS 430/18 | from Ch. 111, par. 2419 | | 19 | | 225 ILCS 430/18.3 new | | | 20 | | 225 ILCS 430/19 | from Ch. 111, par. 2420 | | 21 | | 225 ILCS 430/20 | from Ch. 111, par. 2421 | | 22 | | 225 ILCS 430/22 | from Ch. 111, par. 2423 | | 23 | | 225 ILCS 430/24 | from Ch. 111, par. 2425 | | 24 | | 225 ILCS 430/25 | from Ch. 111, par. 2426 | | 25 | | 225 ILCS 430/26 | from Ch. 111, par. 2427 | |
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| 1 | | 225 ILCS 430/26.1 | from Ch. 111, par. 2427.1 | | 2 | | 225 ILCS 430/26.5 new | | | 3 | | 225 ILCS 430/28 | from Ch. 111, par. 2429 | | 4 | | 225 ILCS 430/29 | from Ch. 111, par. 2430 | | 5 | | 225 ILCS 430/30 | from Ch. 111, par. 2431 | | 6 | | 225 ILCS 430/10 rep. | |
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