Full Text of HB1424 99th General Assembly
HB1424enr 99TH 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 4.26 and adding Section 4.36 as follows: | 6 | | (5 ILCS 80/4.26)
| 7 | | Sec. 4.26. Acts repealed on January 1, 2016. The following | 8 | | Acts are repealed on January 1, 2016: | 9 | | The Illinois Athletic Trainers Practice Act.
| 10 | | The Illinois Roofing Industry Licensing Act.
| 11 | | The Illinois Dental Practice Act.
| 12 | | The Collection Agency Act.
| 13 | | The Barber, Cosmetology, Esthetics, Hair Braiding, and | 14 | | Nail Technology Act of 1985.
| 15 | | The Respiratory Care Practice Act.
| 16 | | The Hearing Instrument Consumer Protection Act.
| 17 | | The Illinois Physical Therapy Act.
| 18 | | The Professional Geologist Licensing Act. | 19 | | (Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08; | 20 | | 96-1246, eff. 1-1-11.) | 21 | | (5 ILCS 80/4.36 new) | 22 | | Sec. 4.36. Act repealed on January 1, 2026. The following |
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| 1 | | Act is repealed on January 1, 2026: | 2 | | The Barber, Cosmetology, Esthetics, Hair Braiding, and | 3 | | Nail Technology Act of 1985. | 4 | | Section 10. The Barber, Cosmetology, Esthetics, Hair | 5 | | Braiding, and Nail
Technology Act of 1985 is amended by | 6 | | changing Sections 1-4, 1-6, 1-7, 1-10, 1-11, 2-2, 2-3, 2-4, | 7 | | 2-7, 2-9, 3-2, 3-3, 3-4, 3-6, 3-7, 3A-6, 3B-2, 3B-10, 3B-11, | 8 | | 3B-12, 3B-13, 3C-8, 3D-5, 3E-5, 4-2, 4-5, 4-7, 4-9, 4-10, 4-13, | 9 | | 4-14, 4-15, 4-16, and 4-17 and by adding Sections 1-6.5, 1-12, | 10 | | 2-10, 2-11, 3-9, 3-10, 3A-8, 3B-17, 3B-18, 3C-10, 3E-7, 4-18.5, | 11 | | and 4-25 as follows:
| 12 | | (225 ILCS 410/1-4)
| 13 | | (Section scheduled to be repealed on January 1, 2016)
| 14 | | Sec. 1-4. Definitions. In this Act the following words | 15 | | shall have the
following meanings: | 16 | | "Address of record" means the designated address recorded | 17 | | by the Department in the applicant's application file or the | 18 | | licensee's license file, as maintained by the Department's | 19 | | licensure maintenance unit.
| 20 | | "Board" means the Barber, Cosmetology, Esthetics, Hair | 21 | | Braiding, and Nail Technology Board.
| 22 | | "Department" means the Department of Financial and | 23 | | Professional Regulation.
| 24 | | "Licensed barber" means an individual licensed by the |
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| 1 | | Department
to practice barbering as defined in this Act and | 2 | | whose
license is in good standing.
| 3 | | "Licensed cosmetologist" means an individual licensed by | 4 | | the
Department to practice cosmetology, nail technology, hair | 5 | | braiding, and esthetics as
defined in this Act and whose | 6 | | license is in good standing.
| 7 | | "Licensed esthetician" means an individual
licensed by the
| 8 | | Department to practice esthetics as defined in this Act and | 9 | | whose
license is in good standing.
| 10 | | "Licensed nail technician" means an any individual
| 11 | | licensed by
the Department to practice nail technology as | 12 | | defined in this Act and whose
license is in good standing.
| 13 | | "Licensed barber teacher" means an individual
licensed
by | 14 | | the Department to practice barbering as defined in this Act
and | 15 | | to provide instruction in the theory and practice of barbering | 16 | | to students in an approved barber school.
| 17 | | "Licensed cosmetology teacher" means an individual
| 18 | | licensed by the Department to practice cosmetology,
esthetics, | 19 | | hair braiding, and nail technology as defined in this Act
and | 20 | | to provide instruction in the theory and
practice of | 21 | | cosmetology, esthetics, hair braiding, and nail technology to
| 22 | | students in an approved cosmetology, esthetics, hair braiding, | 23 | | or nail technology school.
| 24 | | "Licensed cosmetology clinic teacher" means an individual | 25 | | licensed by the
Department to practice cosmetology, esthetics, | 26 | | hair braiding, and nail technology as defined
in this Act and |
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| 1 | | to provide clinical instruction in the practice of cosmetology,
| 2 | | esthetics, hair braiding, and nail technology in an approved | 3 | | school of cosmetology, esthetics, hair braiding,
or nail | 4 | | technology.
| 5 | | "Licensed esthetics teacher" means an individual
licensed | 6 | | by
the Department to practice esthetics as defined in this Act | 7 | | and to provide
instruction in the theory and practice of | 8 | | esthetics
to students in an approved cosmetology or esthetics | 9 | | school.
| 10 | | "Licensed hair braider" means an any individual licensed by | 11 | | the Department to practice hair braiding as defined in this Act | 12 | | Section 3E-1 and whose license is in good standing. | 13 | | "Licensed hair braiding teacher" means an individual | 14 | | licensed by the Department to practice hair braiding and to | 15 | | provide instruction in the theory and practice of hair braiding | 16 | | to students in an approved cosmetology or hair braiding school. | 17 | | "Licensed nail technology teacher" means an individual
| 18 | | licensed by the Department to practice nail technology and
to | 19 | | provide instruction in the theory and
practice of nail | 20 | | technology to students in an approved nail technology school
or | 21 | | cosmetology school.
| 22 | | "Enrollment" is the date upon which the student signs an
| 23 | | enrollment agreement or student contract.
| 24 | | "Enrollment agreement" or "student contract" is any | 25 | | agreement,
instrument, or contract however named, which | 26 | | creates or evidences an
obligation binding a student to |
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| 1 | | purchase a course of instruction from a school.
| 2 | | "Enrollment time" means the maximum number of hours a | 3 | | student
could have attended class, whether or not the student | 4 | | did in fact attend
all those hours.
| 5 | | "Elapsed enrollment time" means the enrollment time | 6 | | elapsed between
the actual starting date and the date of the | 7 | | student's last day of physical
attendance in the school.
| 8 | | "Mobile shop or salon" means a self-contained facility that | 9 | | may be moved, towed, or transported from one location to | 10 | | another and in which barbering, cosmetology, esthetics, hair | 11 | | braiding, or nail technology is practiced. | 12 | | "Secretary" means the Secretary of the Department of | 13 | | Financial and Professional Regulation. | 14 | | "Threading" means any technique that results in the removal | 15 | | of superfluous hair from the body by twisting thread around | 16 | | unwanted hair and then pulling it from the skin; and may also | 17 | | include the incidental trimming of eyebrow hair. | 18 | | (Source: P.A. 97-333, eff. 8-12-11; 97-777, eff. 7-13-12; | 19 | | 98-238, eff. 1-1-14; 98-911, eff. 1-1-15 .)
| 20 | | (225 ILCS 410/1-6) (from Ch. 111, par. 1701-6)
| 21 | | (Section scheduled to be repealed on January 1, 2016)
| 22 | | Sec. 1-6. Administrative Procedure Act. The Illinois | 23 | | Administrative
Procedure Act is hereby expressly adopted and | 24 | | incorporated herein as if all of
the provisions of that Act | 25 | | were included in this Act, except that the provision
of |
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| 1 | | subsection (d) of Section 10-65 of the Illinois Administrative | 2 | | Procedure Act
that provides that at hearings the licensee has | 3 | | the right to show compliance
with all lawful requirements for | 4 | | retention, continuation or renewal of the
license is | 5 | | specifically excluded. For the purpose of this Act the notice
| 6 | | required under Section 10-25 of the Administrative Procedure | 7 | | Act is deemed
sufficient when mailed to the address of record, | 8 | | or, if not an applicant or licensee, to the last known address | 9 | | of a party.
| 10 | | (Source: P.A. 88-45 .)
| 11 | | (225 ILCS 410/1-6.5 new) | 12 | | Sec. 1-6.5. Address of record. It is the duty of the | 13 | | applicant or licensee to inform the Department of any change of | 14 | | address within 14 days after such change either through the | 15 | | Department's website or by contacting the Department's | 16 | | licensure maintenance unit.
| 17 | | (225 ILCS 410/1-7) (from Ch. 111, par. 1701-7)
| 18 | | (Section scheduled to be repealed on January 1, 2016)
| 19 | | Sec. 1-7. Licensure required; renewal ; restoration .
| 20 | | (a) It is unlawful for any person to practice, or to hold | 21 | | himself or
herself out to be a cosmetologist, esthetician, nail | 22 | | technician, hair braider, or
barber without a license as a | 23 | | cosmetologist,
esthetician, nail technician, hair braider or | 24 | | barber issued by the Department of Financial and
Professional |
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| 1 | | Regulation pursuant to the provisions of this Act and of the
| 2 | | Civil Administrative Code of Illinois. It is also unlawful for | 3 | | any person,
firm, partnership, limited liability company, or | 4 | | corporation to own, operate, or conduct a
cosmetology, | 5 | | esthetics, nail technology, hair braiding salon , or barber | 6 | | school
without a license
issued by the Department or to own or | 7 | | operate a cosmetology, esthetics, nail
technology, or hair | 8 | | braiding salon , or barber shop , or other business subject to | 9 | | the registration requirements of this Act without a certificate | 10 | | of registration issued
by the Department. It is further | 11 | | unlawful for any person to teach in any
cosmetology, esthetics, | 12 | | nail technology, hair braiding, or barber college or school
| 13 | | approved by the Department or hold himself or herself out as a | 14 | | cosmetology,
esthetics, hair braiding, nail technology, or | 15 | | barber teacher without a license as a teacher,
issued by the | 16 | | Department
or as a cosmetology clinic teacher without a license | 17 | | as a cosmetology clinic teacher issued
by the
Department.
| 18 | | (b) Notwithstanding any other provision of this Act, a | 19 | | person licensed as a
cosmetologist may hold himself or herself | 20 | | out as
an esthetician and may engage in the practice of | 21 | | esthetics, as defined in this
Act, without being licensed as an | 22 | | esthetician. A person
licensed as a cosmetology teacher may
| 23 | | teach esthetics or hold himself or herself out as an esthetics | 24 | | teacher without
being licensed as an esthetics teacher. A | 25 | | person
licensed as a cosmetologist may hold himself or herself | 26 | | out
as a nail technician and may engage in the practice of nail |
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| 1 | | technology, as
defined in this Act, without being licensed as a | 2 | | nail
technician. A person licensed as a cosmetology teacher may
| 3 | | teach nail technology and hold himself or herself out as a nail | 4 | | technology
teacher without being licensed as a nail
technology | 5 | | teacher. A person licensed as a cosmetologist may hold himself | 6 | | or herself out as a hair braider and may engage in the practice | 7 | | of hair braiding, as defined in this Act, without being | 8 | | licensed as a hair braider. A person licensed as a cosmetology | 9 | | teacher may teach hair braiding and hold himself or herself out | 10 | | as a hair braiding teacher without being licensed as a hair | 11 | | braiding teacher.
| 12 | | (c) A person licensed as a barber teacher may hold himself | 13 | | or herself out
as a barber and may practice barbering without a | 14 | | license as a barber. A person
licensed as a cosmetology teacher | 15 | | may hold himself or herself out as a
cosmetologist, | 16 | | esthetician, hair braider, and nail technologist and may | 17 | | practice cosmetology,
esthetics, hair braiding, and nail | 18 | | technology without a license as a cosmetologist,
esthetician, | 19 | | hair braider, or nail technologist. A person licensed as an | 20 | | esthetics teacher
may hold himself or herself out as an | 21 | | esthetician without being licensed as an
esthetician and may | 22 | | practice esthetics. A person licensed as a nail technician
| 23 | | teacher may practice nail technology and may hold himself or | 24 | | herself out as a
nail technologist without being licensed as a | 25 | | nail technologist. A person licensed as a hair braiding teacher | 26 | | may practice hair braiding and may hold himself or herself out |
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| 1 | | as a hair braider without being licensed as a hair braider.
| 2 | | (d) The holder of a license issued under this Act may renew | 3 | | that license during the month preceding the expiration date of | 4 | | the license by paying the required fee.
| 5 | | (e) The expiration date, renewal period, and conditions for | 6 | | renewal and restoration of each license shall be established by | 7 | | rule. | 8 | | (f) A license issued under the provisions of this Act as a | 9 | | barber, barber teacher, cosmetologist, cosmetology teacher, | 10 | | cosmetology clinic teacher, esthetician, esthetics teacher, | 11 | | nail technician, nail technician teacher, hair braider, or hair | 12 | | braiding teacher that has expired while the holder of the | 13 | | license was engaged (1) in federal service on active duty with | 14 | | the Army, Navy, Marine Corps, Air Force, or Coast Guard of the | 15 | | United States of America, or any Women's Auxiliary thereof, or | 16 | | the State Militia called into the service or training of the | 17 | | United States of America or (2) in training or education under | 18 | | the supervision of the United States preliminary to induction | 19 | | into the military service, may be reinstated or restored | 20 | | without payment of any lapsed renewal fees, reinstatement fee, | 21 | | or restoration fee if within 2 years after the termination of | 22 | | such service, training, or education other than by dishonorable | 23 | | discharge, the holder furnishes the Department with an | 24 | | affidavit to the effect that he or she has been so engaged and | 25 | | that his or her service, training, or education has been so | 26 | | terminated. |
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| 1 | | (Source: P.A. 98-911, eff. 1-1-15 .)
| 2 | | (225 ILCS 410/1-10) (from Ch. 111, par. 1701-10)
| 3 | | (Section scheduled to be repealed on January 1, 2016)
| 4 | | Sec. 1-10. Display. Every holder of a
license shall display | 5 | | it in a place in the
holder's principal office, place of | 6 | | business or place of employment.
Whenever a licensed | 7 | | cosmetologist, esthetician, nail
technician, hair braider, or | 8 | | barber practices cosmetology, esthetics, nail technology, hair | 9 | | braiding, or
barbering outside of or away from the | 10 | | cosmetologist's, esthetician's, nail
technician's, hair | 11 | | braider's, or barber's principal office, place of business, or | 12 | | place of
employment, the cosmetologist, esthetician, nail | 13 | | technician, hair braider, or barber shall
provide any person so | 14 | | requesting proof that he or she has a valid license issued | 15 | | deliver to each person served a certificate of identification | 16 | | in a form
specified by the Department.
| 17 | | Every registered shop shall display its certificate of | 18 | | registration at the
location of the shop. Each shop where | 19 | | barber, cosmetology, esthetics, hair braiding, or nail
| 20 | | technology services are provided shall have a certificate of | 21 | | registration.
| 22 | | (Source: P.A. 96-1246, eff. 1-1-11.)
| 23 | | (225 ILCS 410/1-11) (from Ch. 111, par. 1701-11)
| 24 | | (Section scheduled to be repealed on January 1, 2016)
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| 1 | | Sec. 1-11. Exceptions to Act.
| 2 | | (a) Nothing in this Act shall be construed to apply to the | 3 | | educational
activities conducted in connection with any | 4 | | monthly, annual or other
special educational program of any | 5 | | bona fide association of licensed
cosmetologists, | 6 | | estheticians, nail technicians, hair braiders, or barbers, or
| 7 | | licensed cosmetology, esthetics, nail technology, hair | 8 | | braiding, or barber
schools from which the general public is | 9 | | excluded.
| 10 | | (b) Nothing in this Act shall be construed to apply to the | 11 | | activities
and services of registered nurses or licensed | 12 | | practical nurses, as defined in
the Nurse Practice Act, or to | 13 | | personal care or health
care services
provided by individuals | 14 | | in the performance of their duties as employed or
authorized by | 15 | | facilities or programs licensed or certified by State agencies.
| 16 | | As used in this subsection (b), "personal care" means | 17 | | assistance with meals,
dressing, movement, bathing, or other | 18 | | personal needs or maintenance or general
supervision and | 19 | | oversight of the physical and mental well-being of an
| 20 | | individual who is incapable of maintaining a private,
| 21 | | independent residence or who is incapable of managing his or | 22 | | her person whether
or not a guardian has been appointed for | 23 | | that individual.
The definition of "personal care" as used in | 24 | | this subsection (b) shall not
otherwise be construed to negate | 25 | | the requirements of this Act or its rules.
| 26 | | (c) Nothing in this Act shall be deemed to require |
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| 1 | | licensure of
individuals employed by the motion picture, film, | 2 | | television, stage play or
related industry for the purpose of | 3 | | providing cosmetology or esthetics
services to actors of that | 4 | | industry while engaged in the practice of
cosmetology or | 5 | | esthetics as a part of that person's employment. | 6 | | (d) Nothing in this Act shall be deemed to require | 7 | | licensure of an inmate of the Department of Corrections who | 8 | | performs barbering or cosmetology with the approval of the | 9 | | Department of Corrections during the person's incarceration.
| 10 | | (Source: P.A. 95-639, eff. 10-5-07; 96-1246, eff. 1-1-11.)
| 11 | | (225 ILCS 410/1-12 new) | 12 | | Sec. 1-12. Licensure by endorsement. The Department may, | 13 | | without examination, grant a license under this Act to an | 14 | | applicant who is licensed or registered for or authorized to | 15 | | practice the same profession under the laws of another state or | 16 | | jurisdiction of the United States or of a foreign country upon | 17 | | filing of an application on forms provided by the Department, | 18 | | paying the required fee, and meeting such requirements as are | 19 | | established by rule. The Department may prescribe rules | 20 | | governing recognition of education and legal practice in | 21 | | another jurisdiction, requiring additional education, and | 22 | | determining when an examination may be required.
| 23 | | (225 ILCS 410/2-2) (from Ch. 111, par. 1702-2)
| 24 | | (Section scheduled to be repealed on January 1, 2016)
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| 1 | | Sec. 2-2. Licensure as a barber;
qualifications. A person | 2 | | is qualified to
receive a license as a
barber if that person | 3 | | has applied in writing on forms prescribed by the
Department, | 4 | | has paid the required fees, and:
| 5 | | a. Is at least 16 years of age; and
| 6 | | b. Has a certificate of graduation from a school | 7 | | providing
secondary education, or the recognized | 8 | | equivalent of such a certificate,
or persons who are beyond | 9 | | the age of compulsory school attendance; and
| 10 | | c. Has graduated from a school
of barbering or school | 11 | | of cosmetology approved by the Department,
having | 12 | | completed a total of 1500 hours in the study of barbering
| 13 | | extending over a period of not less than 9 months nor more | 14 | | than 3 years.
A school of barbering may, at its discretion, | 15 | | consistent with the
rules of the Department, accept up to | 16 | | 1,000 500 hours of cosmetology school
training at a | 17 | | recognized cosmetology school toward the 1500 hour course
| 18 | | requirement of barbering. Time spent in such study under | 19 | | the laws of
another state or territory of the United States | 20 | | or of a foreign country or
province shall be credited | 21 | | toward the period of study required by the
provisions of | 22 | | this paragraph; and
| 23 | | d. Has passed an examination caused to be conducted by
| 24 | | the
Department or its designated testing service to | 25 | | determine fitness to
receive a license as
a barber; and
| 26 | | e. Has met all other requirements of this Act.
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| 1 | | (Source: P.A. 97-777, eff. 7-13-12.)
| 2 | | (225 ILCS 410/2-3) (from Ch. 111, par. 1702-3)
| 3 | | (Section scheduled to be repealed on January 1, 2016)
| 4 | | Sec. 2-3. Licensure as a barber by a
cosmetology school | 5 | | graduate. A person is qualified to receive a license as a
| 6 | | barber if that person has applied in
writing on forms provided | 7 | | by the Department, paid the required fees, and:
| 8 | | a. Is at least 16 years of age; and
| 9 | | b. Has a certificate of graduation from a school providing
| 10 | | secondary education, or the recognized equivalent of such a | 11 | | certificate,
or persons who are beyond the age of compulsory | 12 | | school attendance; and
| 13 | | c. Has graduated from a cosmetology school approved by the
| 14 | | Department having completed a minimum
of 1500 hours in the | 15 | | study of cosmetology; and
| 16 | | d. Has graduated from a school of barbering or cosmetology | 17 | | approved by
the Department having completed a minimum
of 500 | 18 | | 1000 additional hours in the study of barbering extending over
| 19 | | a period of no less than 3 6 months nor more than one year 2 | 20 | | years . Time spent
in such study under the laws of another state | 21 | | or territory of the United
States or of a foreign country or | 22 | | province shall be credited toward the
period of study required | 23 | | by the provisions of this paragraph; and
| 24 | | e. Has passed an examination caused to be conducted by
the | 25 | | Department, or its designated
testing service, to
determine |
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| 1 | | fitness to receive a license as a barber; and
| 2 | | f. Has met any other requirements set forth in this Act.
| 3 | | (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97 .)
| 4 | | (225 ILCS 410/2-4) (from Ch. 111, par. 1702-4)
| 5 | | (Section scheduled to be repealed on January 1, 2016)
| 6 | | Sec. 2-4. Licensure as a barber
teacher; qualifications. A | 7 | | person is qualified to receive a license as a barber teacher if | 8 | | that person files an
application on forms provided by the | 9 | | Department, pays the required fee, and: | 10 | | a. Is at least 18 years of age;
| 11 | | b. Has graduated from high school or its equivalent;
| 12 | | c. Has a current license as a barber or cosmetologist;
| 13 | | d. Has graduated from a barber school or school of | 14 | | cosmetology approved by the Department
having:
| 15 | | (1) completed a total of 500 hours in barber | 16 | | teacher training extending
over a period of not less | 17 | | than 3 months nor more than 2 years and has had 3
years | 18 | | of practical experience as a licensed barber;
| 19 | | (2) completed a total of 1,000 hours of barber | 20 | | teacher training extending
over a period of not less | 21 | | than 6 months nor more than 2 years; or
| 22 | | (3) completed the cosmetology teacher training as | 23 | | specified in paragraph (4) of subsection (a) of Section | 24 | | 3-4 of this Act and completed a supplemental barbering | 25 | | course as established by rule; and |
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| 1 | | e. Has passed an examination authorized by the | 2 | | Department
to determine fitness to receive a license
as a | 3 | | barber teacher or a cosmetology teacher; and
| 4 | | f. Has met any other requirements set forth in this | 5 | | Act.
| 6 | | An applicant who is issued a license as a barber teacher | 7 | | Barber Teacher is not required
to maintain a barber license in | 8 | | order to practice barbering as defined in this
Act.
| 9 | | (Source: P.A. 97-777, eff. 7-13-12; 98-911, eff. 1-1-15; | 10 | | revised 11-25-14.)
| 11 | | (225 ILCS 410/2-7) (from Ch. 111, par. 1702-7)
| 12 | | (Section scheduled to be repealed on January 1, 2016)
| 13 | | Sec. 2-7. Examination of applicants. The Department shall | 14 | | hold examinations
of applicants for licensure as barbers and | 15 | | teachers of barbering at such times
and places as it
may | 16 | | determine. Upon request, the examinations shall be | 17 | | administered in
Spanish.
| 18 | | Each applicant shall be given a written examination testing | 19 | | both
theoretical and practical knowledge of the following | 20 | | subjects insofar as
they are related and applicable to the | 21 | | practice of barber science and
art: (1) anatomy, (2) | 22 | | physiology, (3) skin diseases, (4) hygiene and
sanitation, (5) | 23 | | barber history, (6) this Act and the rules for the | 24 | | administration of this Act barber law , (7) hair cutting and
| 25 | | styling, (8) shaving, shampooing, and permanent waving, (9) |
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| 1 | | massaging, (10)
bleaching, tinting, and coloring, and
(11) | 2 | | implements.
| 3 | | The examination of applicants for licensure
as a barber
| 4 | | teacher shall include: (a) practice of barbering and styling, | 5 | | (b)
theory of barbering, (c) methods of teaching, and (d) | 6 | | school management.
| 7 | | If an applicant for licensure as a barber fails to pass 3 | 8 | | examinations conducted by the Department, the applicant shall, | 9 | | before taking a subsequent examination, furnish evidence of not | 10 | | less than 250 hours of additional study of barbering in an | 11 | | approved school of barbering or cosmetology since the applicant | 12 | | last took the examination. If an applicant for licensure as a | 13 | | barber teacher fails to pass 3 examinations conducted by the | 14 | | Department, the applicant shall, before taking a subsequent | 15 | | examination, furnish evidence of not less than 80 hours of | 16 | | additional study in teaching methodology and educational | 17 | | psychology in an approved school of barbering or cosmetology | 18 | | since the applicant last took the examination. An applicant who | 19 | | fails to pass the fourth examination shall not again be | 20 | | admitted to an examination unless: (i) in the case of an | 21 | | applicant for licensure as a barber, the applicant again takes | 22 | | and completes a program of 1,500 hours in the study of | 23 | | barbering in an approved school of barbering or cosmetology | 24 | | extending over a period that commences after the applicant | 25 | | fails to pass the fourth examination and that is not less than | 26 | | 8 months nor more than 7 consecutive years in duration; or (ii) |
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| 1 | | in the case of an applicant for licensure as a barber teacher, | 2 | | the applicant again takes and completes a program of 1,000 | 3 | | hours of teacher training in an approved school of barbering or | 4 | | cosmetology, except that if the applicant had 2 years of | 5 | | practical experience as a licensed barber within the 5 years | 6 | | preceding the initial examination taken by the applicant, the | 7 | | applicant must again take and complete a program of 500 hours | 8 | | of teacher training in an approved school of barbering or | 9 | | cosmetology. The requirements for remedial training set forth | 10 | | in this Section may be waived in whole or in part by the | 11 | | Department upon proof to the Department that the applicant has | 12 | | demonstrated competence to again sit for the examination. The | 13 | | Department shall adopt rules establishing standards by which | 14 | | this determination shall be made. | 15 | | This Act does not prohibit the practice as a barber or | 16 | | barber teacher by
one who has applied in writing to the | 17 | | Department, in form and substance
satisfactory to the | 18 | | Department, for a license and has complied with all the
| 19 | | provisions of this Act in order to
qualify for a license except | 20 | | the passing
of an examination, until: (a)
the expiration of 6 | 21 | | months after the filing of such written application, or (b)
the | 22 | | decision of the Department that the applicant has failed to | 23 | | pass an
examination within 6 months or failed without an | 24 | | approved excuse to take an
examination conducted within 6 | 25 | | months by the Department, or (c) the withdrawal
of the | 26 | | application.
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| 1 | | (Source: P.A. 94-451, eff. 12-31-05.)
| 2 | | (225 ILCS 410/2-9) | 3 | | (Section scheduled to be repealed on January 1, 2016) | 4 | | Sec. 2-9. Certification Degree in barbering at a | 5 | | cosmetology school. A school of cosmetology may offer a | 6 | | certificate degree in barbering, as defined by this Act, | 7 | | provided that the school of cosmetology complies with | 8 | | subsections (c), (d), and (e) of Section 2-2 of this Act; | 9 | | utilizes barber teachers properly licensed under Section 2-4 of | 10 | | this Act; and complies with Sections 2A-7 and 3B-10 of this | 11 | | Act.
| 12 | | (Source: P.A. 97-777, eff. 7-13-12; 98-911, eff. 1-1-15 .) | 13 | | (225 ILCS 410/2-10 new) | 14 | | Sec. 2-10. Licensed cosmetologist seeking license as a | 15 | | barber. A licensed cosmetologist who submits to the Department | 16 | | an application for licensure as a barber must meet all | 17 | | requirements of this Act for licensure as a barber, except that | 18 | | such applicant shall be given credit for hours of instruction | 19 | | completed for his or her cosmetologist license in subjects that | 20 | | are common to both barbering and cosmetology and shall complete | 21 | | an additional 500 hours of instruction in subjects not within | 22 | | the scope of practice of a cosmetologist. The Department shall | 23 | | provide for the implementation of this provision by rule. |
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| 1 | | (225 ILCS 410/2-11 new) | 2 | | Sec. 2-11. Inactive status. Any barber or barber teacher | 3 | | who notifies the Department in writing on forms prescribed by | 4 | | the Department may elect to place his or her license on | 5 | | inactive status and shall, subject to rules of the Department, | 6 | | be excused from payment of renewal fees until he or she | 7 | | notifies the Department in writing of his or her desire to | 8 | | resume active status. Any barber or barber teacher requesting | 9 | | restoration from inactive status shall be required to pay the | 10 | | current renewal fee and to qualify for the restoration of his | 11 | | or her license, subject to rules of the Department. Any barber | 12 | | or barber teacher whose license is in inactive status shall not | 13 | | practice in the State of Illinois.
| 14 | | (225 ILCS 410/3-2) (from Ch. 111, par. 1703-2)
| 15 | | (Section scheduled to be repealed on January 1, 2016)
| 16 | | Sec. 3-2. Licensure; qualifications.
| 17 | | (1) A person is qualified to receive a license
as a | 18 | | cosmetologist who has filed an application on forms
provided by | 19 | | the Department, pays the required fees, and:
| 20 | | a. Is at least l6 years of age; and
| 21 | | b. Is beyond the age of compulsory school attendance or | 22 | | has received a certificate of graduation from a school | 23 | | providing secondary education, or the recognized
| 24 | | equivalent of that certificate; and
| 25 | | c. Has graduated from
a school of cosmetology approved |
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| 1 | | by the Department, having completed
a program of 1,500 l500 | 2 | | hours in the study of cosmetology extending
over a period | 3 | | of
not less than 8 months nor more than 7 consecutive | 4 | | years.
A school of cosmetology
may, at its discretion, | 5 | | consistent with the rules of the Department,
accept up to | 6 | | 1,000 500 hours of barber school training at a recognized | 7 | | barber
school toward the 1,500 l500 hour program | 8 | | requirement of cosmetology.
Time spent in
such study under | 9 | | the laws of another state or territory of the United States
| 10 | | or of a foreign country or province shall be credited | 11 | | toward the period of
study required by the provisions of | 12 | | this paragraph; and
| 13 | | d. Has passed an examination authorized by the | 14 | | Department
to determine eligibility to receive a license
as | 15 | | a cosmetologist; and
| 16 | | e. Has met any other requirements of this Act.
| 17 | | (2) (Blank).
| 18 | | (Source: P.A. 93-253, eff. 7-22-03; 94-451, eff. 12-31-05.)
| 19 | | (225 ILCS 410/3-3) (from Ch. 111, par. 1703-3)
| 20 | | (Section scheduled to be repealed on January 1, 2016)
| 21 | | Sec. 3-3. Licensure as a
cosmetologist by a barber school | 22 | | graduate. A person is qualified to receive a
license as a | 23 | | cosmetologist
if that person has filed an application on forms | 24 | | provided by the Department,
has paid the required fees, and:
| 25 | | a. Is at least 16 years of age; and
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| 1 | | b. Has a certificate of graduation from a school providing | 2 | | secondary
education, or the recognized equivalent of such a | 3 | | certificate, or
is beyond the age of compulsory school | 4 | | attendance; and
| 5 | | c. Has graduated from a school of barbering approved by the
| 6 | | Department having completed 1500 hours in the study of | 7 | | barbering, and a minimum
of 500 1000 additional hours in the | 8 | | study of cosmetology extending over a period of
no less than 3 | 9 | | 6 months nor more than one year 2 years . Time spent in such | 10 | | study under
the laws of another state or territory of the | 11 | | United States or of a foreign
country or province shall be | 12 | | credited toward the period of study required by
the provisions | 13 | | of this paragraph; and
| 14 | | d. Has passed an examination authorized by the Department
| 15 | | to determine fitness to receive a license
as a cosmetologist; | 16 | | and
| 17 | | e. Has met any other requirements of this Act.
| 18 | | (Source: P.A. 89-387, eff. 1-1-96 .)
| 19 | | (225 ILCS 410/3-4) (from Ch. 111, par. 1703-4)
| 20 | | (Section scheduled to be repealed on January 1, 2016)
| 21 | | Sec. 3-4. Licensure as cosmetology
teacher or cosmetology | 22 | | clinic teacher; qualifications.
| 23 | | (a) A person is qualified to receive license as a | 24 | | cosmetology teacher
if that person has
applied in writing on | 25 | | forms provided by the Department, has paid the required
fees, |
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| 1 | | and:
| 2 | | (1) is at least 18 years of age;
| 3 | | (2) has graduated from high school or its equivalent;
| 4 | | (3) has a current license as a cosmetologist;
| 5 | | (4) has either: (i) completed a program of 500 hours of | 6 | | teacher
training in
a licensed school of cosmetology and | 7 | | had 2 years of practical
experience as a licensed | 8 | | cosmetologist within 5 years
preceding the examination; or | 9 | | (ii) completed a program of 1,000 hours of
teacher training | 10 | | in
a
licensed school of cosmetology ; or (iii) completed the | 11 | | barber teacher training as specified in subsection (d) of | 12 | | Section 2-4 of this Act and completed a supplemental | 13 | | cosmetology course as established by rule ;
| 14 | | (5) has passed an examination authorized by the | 15 | | Department to
determine eligibility to receive a license as | 16 | | a cosmetology teacher or barber teacher ; and
| 17 | | (6) has met any other requirements of this Act.
| 18 | | An individual who receives a license as a cosmetology | 19 | | teacher shall not be
required to maintain an active cosmetology | 20 | | license in order to practice
cosmetology as defined in this | 21 | | Act.
| 22 | | (b) A person is qualified to receive a license as a | 23 | | cosmetology clinic
teacher if he or she has applied in writing | 24 | | on forms provided by the
Department, has paid the required | 25 | | fees, and:
| 26 | | (1) is at least 18 years of age;
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| 1 | | (2) has graduated from high school or its equivalent;
| 2 | | (3) has a current license as a cosmetologist;
| 3 | | (4) has (i) completed a program of 250 hours of clinic | 4 | | teacher training in
a licensed
school of cosmetology or | 5 | | (ii) within 5 years preceding the examination, has obtained | 6 | | a minimum of 2 years of practical experience working at | 7 | | least 30 full-time hours per week as a licensed
| 8 | | cosmetologist and has completed an instructor's institute | 9 | | of 20 hours, as prescribed by the Department, prior to | 10 | | submitting an application for examination;
| 11 | | (5) has passed an examination authorized by the | 12 | | Department to determine
eligibility to receive a license as | 13 | | a cosmetology teacher; and
| 14 | | (6)
has met any other requirements of this Act.
| 15 | | The Department shall not issue any new cosmetology clinic | 16 | | teacher licenses after January 1, 2009. Any person issued a | 17 | | license as a cosmetology clinic teacher before January 1, 2009, | 18 | | may renew the license after that date under this Act and that | 19 | | person may continue to renew the license or have the license | 20 | | restored during his or her lifetime, subject only to the | 21 | | renewal or restoration requirements for the license under this | 22 | | Act; however, such licensee and license shall remain subject to | 23 | | the provisions of this Act, including, but not limited to, | 24 | | provisions concerning renewal, restoration, fees, continuing | 25 | | education, discipline, administration, and enforcement.
| 26 | | (Source: P.A. 94-451, eff. 12-31-05.)
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| 1 | | (225 ILCS 410/3-6) (from Ch. 111, par. 1703-6)
| 2 | | (Section scheduled to be repealed on January 1, 2016)
| 3 | | Sec. 3-6. Examination. The Department shall authorize
| 4 | | examinations of applicants for licensure
as cosmetologists and | 5 | | teachers of cosmetology
at the times and
places it may | 6 | | determine. The Department may provide by rule for the | 7 | | administration of the examination prior to the completion of | 8 | | the applicant's program of training as required in Section 3-2, | 9 | | 3-3, or 3-4. If an applicant for licensure as a cosmetologist
| 10 | | fails to pass 3
examinations conducted by the
Department, the | 11 | | applicant shall, before taking a subsequent examination,
| 12 | | furnish evidence of not less than 250 hours of additional study | 13 | | of
cosmetology in an approved school of cosmetology since the | 14 | | applicant last
took the examination. If an applicant for | 15 | | licensure as a cosmetology teacher
fails to pass 3 examinations | 16 | | conducted by the Department, the applicant shall,
before taking | 17 | | a subsequent examination, furnish evidence of not less than 80
| 18 | | hours of additional study in teaching methodology and | 19 | | educational psychology
in an approved school of cosmetology | 20 | | since the applicant last took the
examination. An applicant who | 21 | | fails to pass the fourth
examination shall not again be | 22 | | admitted to an examination unless: (i) in the
case of an | 23 | | applicant for licensure as a cosmetologist, the applicant again
| 24 | | takes and completes a program of 1500 hours in the study of
| 25 | | cosmetology in an
approved school of cosmetology extending over |
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| 1 | | a period that commences after the
applicant fails to pass the | 2 | | fourth examination and that is not less than 8
months nor more | 3 | | than 7 consecutive years in duration; (ii) in the case
of an
| 4 | | applicant for licensure as a cosmetology teacher, the applicant | 5 | | again takes and
completes a program of 1000 hours of teacher | 6 | | training in an
approved school of
cosmetology, except that if | 7 | | the applicant had 2 years of practical experience
as a licensed | 8 | | cosmetologist within the 5 years preceding the initial
| 9 | | examination taken by the applicant, the applicant must again | 10 | | take and complete
a program of 500 hours of teacher training in | 11 | | an approved school of
cosmetology, esthetics,
or nail | 12 | | technology; or (iii) in the case of an applicant for licensure | 13 | | as a
cosmetology clinic teacher, the applicant again takes and | 14 | | completes a
program of
250 hours of clinic teacher training in | 15 | | a licensed
school of cosmetology or an instructor's institute | 16 | | of 20 hours. The requirements for remedial training set forth | 17 | | in this Section may be waived in whole or in part by the | 18 | | Department upon proof to the Department that the applicant has | 19 | | demonstrated competence to again sit for the examination. The | 20 | | Department shall adopt rules establishing the standards by | 21 | | which this determination shall be made. Each cosmetology | 22 | | applicant shall be given a written
examination testing both
| 23 | | theoretical and practical knowledge, which shall include, but | 24 | | not be
limited to, questions that determine the applicant's | 25 | | knowledge of
product chemistry, sanitary rules, sanitary | 26 | | procedures,
chemical service procedures, hazardous chemicals |
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| 1 | | and exposure minimization,
knowledge of the anatomy of the | 2 | | skin, scalp, hair, and nails as they relate to
applicable | 3 | | services under this Act and labor and compensation laws.
| 4 | | The examination of applicants for licensure as a
| 5 | | cosmetology, esthetics, or nail technology teacher may include
| 6 | | all of the elements of the exam for licensure as a
| 7 | | cosmetologist, esthetician, or nail technician and also | 8 | | include teaching
methodology, classroom management,
record | 9 | | keeping, and any other related subjects that the Department in | 10 | | its
discretion may deem
necessary to insure competent | 11 | | performance.
| 12 | | This Act does not prohibit the practice of cosmetology by | 13 | | one who has
applied in writing to the Department, in form and | 14 | | substance satisfactory to
the Department, for a license as a | 15 | | cosmetologist, or the
teaching of
cosmetology by one who has | 16 | | applied in writing to the Department, in form
and substance | 17 | | satisfactory to the Department, for a license
as a cosmetology | 18 | | teacher or cosmetology clinic teacher, if the person has
| 19 | | complied with all the
provisions of this Act in order to | 20 | | qualify for a license, except the passing of
an examination to | 21 | | be eligible to
receive a license, until: (a) the expiration of | 22 | | 6 months
after the
filing of the written application, (b) the | 23 | | decision of the Department
that the applicant has failed to | 24 | | pass an examination within 6 months or
failed without an | 25 | | approved excuse to take an examination conducted within 6
| 26 | | months by the Department, or (c) the withdrawal of the |
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| 1 | | application.
| 2 | | (Source: P.A. 94-451, eff. 12-31-05.)
| 3 | | (225 ILCS 410/3-7) (from Ch. 111, par. 1703-7)
| 4 | | (Section scheduled to be repealed on January 1, 2016)
| 5 | | Sec. 3-7. Licensure; renewal; continuing education ; | 6 | | military service . The
holder of a license issued under this | 7 | | Article III may renew that license during
the month preceding | 8 | | the expiration date thereof by paying the required fee,
giving | 9 | | such evidence as the Department may prescribe of completing not | 10 | | less
than 14 hours of continuing education for a cosmetologist, | 11 | | and 24 hours of
continuing education for a cosmetology teacher | 12 | | or cosmetology clinic teacher,
within the 2 years prior to | 13 | | renewal. The training shall be in subjects
approved by the | 14 | | Department as prescribed by rule upon recommendation of the | 15 | | Board and may include online instruction .
| 16 | | A license that has been expired for more than 5 years may | 17 | | be restored by
payment of the restoration fee and submitting | 18 | | evidence satisfactory to the
Department of the current | 19 | | qualifications and fitness of the licensee, which
shall include | 20 | | completion of continuing education hours for the period
| 21 | | subsequent to expiration.
| 22 | | The Department shall establish by rule a means for the | 23 | | verification of
completion of the continuing education | 24 | | required by this Section. This
verification may be accomplished | 25 | | through audits of records maintained by
registrants, by |
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| 1 | | requiring the filing of continuing education certificates with
| 2 | | the Department, or by other means established by the | 3 | | Department.
| 4 | | A license issued under the provisions of this Act that has | 5 | | expired
while the holder of the license was engaged (1) in | 6 | | federal service on
active duty with the Army of the United | 7 | | States, the United States Navy,
the Marine Corps, the Air | 8 | | Force, the Coast Guard, or any Women's
Auxiliary thereof, or | 9 | | the State Militia called into the service or
training of the | 10 | | United States of America, or (2) in training or
education under | 11 | | the supervision of the United States preliminary to
induction | 12 | | into the military service, may be reinstated or restored
| 13 | | without the payment of any lapsed renewal fees, reinstatement | 14 | | fee, or
restoration fee if within 2 years after the termination | 15 | | of such
service, training, or education other than by | 16 | | dishonorable discharge,
the holder furnishes the Department | 17 | | with an affidavit to the effect
that he or she has been so | 18 | | engaged and that his or her service,
training, or education has | 19 | | been so terminated.
| 20 | | The Department, in its discretion, may waive
enforcement of | 21 | | the continuing education requirement in this Section and
shall | 22 | | adopt rules defining the standards and criteria for
that waiver | 23 | | under the following circumstances:
| 24 | | (a) the licensee resides in a locality where it is | 25 | | demonstrated that the
absence of opportunities for such | 26 | | education would interfere with the
ability of the licensee |
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| 1 | | to provide service to the public;
| 2 | | (b) that to comply with the continuing education | 3 | | requirements would
cause a substantial financial hardship | 4 | | on the licensee;
| 5 | | (c) that the licensee is serving in the United States | 6 | | Armed Forces; or
| 7 | | (d) that the licensee is incapacitated due to illness.
| 8 | | The continuing education requirements of this Section do | 9 | | not apply to a
licensee who (i) is at least 62 years of age or | 10 | | (ii) has
been licensed as a cosmetologist, cosmetology teacher, | 11 | | or cosmetology clinic
teacher for at least 25 years.
| 12 | | (Source: P.A. 98-911, eff. 1-1-15 .)
| 13 | | (225 ILCS 410/3-9 new) | 14 | | Sec. 3-9. Licensed barber seeking license as | 15 | | cosmetologist. A licensed barber who submits to the Department | 16 | | an application for licensure as a cosmetologist must meet all | 17 | | requirements of this Act for licensure as a cosmetologist, | 18 | | except that such applicant shall be given credit for hours of | 19 | | instruction completed for his or her barber license in subjects | 20 | | that are common to both barbering and cosmetology and shall | 21 | | complete an additional 500 hours of instruction in subjects not | 22 | | within the scope of practice of a barber. The Department shall | 23 | | provide for the implementation of this provision by rule. | 24 | | (225 ILCS 410/3-10 new) |
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| 1 | | Sec. 3-10. Licensed esthetician or licensed nail | 2 | | technician seeking license as a cosmetologist. A licensed | 3 | | esthetician or licensed nail technician who submits to the | 4 | | Department an application for licensure as a cosmetologist must | 5 | | meet all requirements of this Act for licensure as a | 6 | | cosmetologist except that such applicant shall be given credit | 7 | | for hours of instruction completed for his or her esthetician | 8 | | or nail technician license in subjects that are common to both | 9 | | esthetics or nail technology and cosmetology. The Department | 10 | | shall provide for the implementation of this provision by rule.
| 11 | | (225 ILCS 410/3A-6) (from Ch. 111, par. 1703A-6)
| 12 | | (Section scheduled to be repealed on January 1, 2016)
| 13 | | Sec. 3A-6. Licensure; renewal;
continuing education; | 14 | | examination; military service. The holder of a license
issued | 15 | | under this Article may renew such license during the
month | 16 | | preceding the expiration date thereof by paying the required | 17 | | fee, giving evidence the Department may
prescribe of completing | 18 | | not less than 10 hours for estheticians,
and not less than 20 | 19 | | hours of continuing education for esthetics
teachers,
within | 20 | | the 2 years prior to renewal. The training shall be in | 21 | | subjects,
approved by the Department as prescribed by rule upon | 22 | | recommendation of
the Board.
| 23 | | A license that has expired or been
placed on inactive | 24 | | status may
be restored only by payment of the restoration fee | 25 | | and submitting evidence
satisfactory to the Department of the |
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| 1 | | current qualifications and fitness of
the licensee including | 2 | | the completion of continuing
education hours for the period | 3 | | following expiration.
| 4 | | A license issued under the provisions of
this Act
that has | 5 | | expired while the holder of the license was
engaged (1) in | 6 | | federal service on active duty with the Army of the United
| 7 | | States, the United States Navy, the Marine Corps, the Air | 8 | | Force, the Coast
Guard, or any Women's Auxiliary thereof, or | 9 | | the State Militia called into
the service or training of the | 10 | | United States of America, or (2) in training
or education under | 11 | | the supervision of the United States preliminary to
induction | 12 | | into the military service, may be reinstated or restored | 13 | | without
the payment of any lapsed renewal fees, reinstatement | 14 | | fee, or restoration
fee if within 2 years after the termination | 15 | | of such service, training, or
education other than by | 16 | | dishonorable discharge, the holder furnishes the
Department | 17 | | with an affidavit to the effect that he or she has been so
| 18 | | engaged and
that his or her service, training, or education has | 19 | | been so terminated.
| 20 | | The Department, in its discretion, may waive enforcement of | 21 | | the continuing
education requirement in this Section, and shall | 22 | | adopt rules defining the
standards and criteria for such | 23 | | waiver, under the following circumstances:
| 24 | | (1) the licensee resides in a locality where it is | 25 | | demonstrated
that the
absence of opportunities for such | 26 | | education would interfere with the ability of
the licensee |
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| 1 | | to provide service to the public;
| 2 | | (2) the licensee's compliance with the continuing | 3 | | education
requirements
would cause a substantial financial | 4 | | hardship on the licensee;
| 5 | | (3) the licensee is serving in the United States Armed | 6 | | Forces;
or
| 7 | | (4) the licensee is incapacitated due to illness.
| 8 | | (Source: P.A. 98-911, eff. 1-1-15 .)
| 9 | | (225 ILCS 410/3A-8 new) | 10 | | Sec. 3A-8. Inactive status. Any esthetician or esthetician | 11 | | teacher who notifies the Department in writing on forms | 12 | | prescribed by the Department may elect to place his or her | 13 | | license on inactive status and shall, subject to rules of the | 14 | | Department, be excused from payment of renewal fees until he or | 15 | | she notifies the Department in writing of his or her desire to | 16 | | resume active status. | 17 | | Any esthetician or esthetician teacher requesting | 18 | | restoration from inactive status shall be required to pay the | 19 | | current renewal fee and to qualify for the restoration of his | 20 | | or her license, subject to rules of the Department. A license | 21 | | shall not be restored from inactive status unless the | 22 | | esthetician or esthetician teacher requesting the restoration | 23 | | completes the number of hours of continuing education required | 24 | | for renewal of a license under Section 3A-6. | 25 | | Any esthetician or esthetician teacher whose license is in |
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| 1 | | inactive status shall not practice in the State of Illinois.
| 2 | | (225 ILCS 410/3B-2) (from Ch. 111, par. 1703B-2)
| 3 | | (Section scheduled to be repealed on January 1, 2016)
| 4 | | Sec. 3B-2. Investigations by Department upon its own motion | 5 | | or upon
verified complaint; opportunity for corrections. The | 6 | | Department may upon
its own motion and shall upon the verified | 7 | | complaint in writing of any
person setting forth facts which if | 8 | | proved would constitute grounds for
refusal or revocation under | 9 | | this Act, investigate the actions of any
applicant or any | 10 | | person or persons holding or claiming
to hold a license.
| 11 | | Any student or employee of a school approved by this Act | 12 | | who believes he
has been aggrieved by a violation of this Act | 13 | | shall have the right to file
a written complaint within one | 14 | | year of the alleged violation. The Department
shall acknowledge | 15 | | receipt of such written complaint, commence an investigation
of | 16 | | the alleged violation, and forward to the Attorney General and | 17 | | any
appropriate State's Attorney's office copies of complaints | 18 | | as required by
Section 3B-3. The Department shall inform | 19 | | forward a copy of the formal complaint and
order to the person | 20 | | who filed the complaint and to the chief operating officer
of | 21 | | the school cited in the complaint of the nature or substance of | 22 | | the complaint and afford the school an opportunity to either | 23 | | resolve the complaint to the satisfaction of the complainant or | 24 | | submit a written response to the Department .
| 25 | | However, before proceeding to a hearing on the question of |
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| 1 | | whether a
license shall be refused or revoked, the Department | 2 | | may issue a letter
granting the school in question 30 days to | 3 | | correct the deficiency or
deficiencies. The letter shall | 4 | | enumerate the deficiencies and state the action
on the part of | 5 | | the school that will remediate the deficiency or
deficiencies. | 6 | | During the time designated to remedy deficiencies the | 7 | | Department
may order the school to cease and desist from all | 8 | | marketing and student
enrollment activities.
| 9 | | (Source: P.A. 89-387, eff. 1-1-96; 89-626, eff. 8-9-96 .)
| 10 | | (225 ILCS 410/3B-10)
| 11 | | (Section scheduled to be repealed on January 1, 2016)
| 12 | | Sec. 3B-10. Requisites for ownership or operation of | 13 | | school. No person,
firm, or corporation may own, operate, or | 14 | | conduct a school of barbering, cosmetology,
esthetics, hair | 15 | | braiding, or nail technology for the purpose of teaching | 16 | | barbering, cosmetology,
esthetics, hair braiding, or nail | 17 | | technology for compensation unless licensed by the Department. | 18 | | A licensed school is a postsecondary educational institution | 19 | | authorized by the Department to provide a postsecondary | 20 | | education program in compliance with the requirements of this | 21 | | Act. An applicant shall apply to the Department on forms
| 22 | | provided by the Department, pay the required fees, and comply | 23 | | with the
following requirements:
| 24 | | 1. The applicant must submit to the Department for | 25 | | approval:
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| 1 | | a. A floor plan, drawn to a scale specified on the | 2 | | floor plan,
showing every detail of the proposed | 3 | | school; and
| 4 | | b. A lease commitment or proof of ownership for the | 5 | | location of the
proposed school; a lease commitment | 6 | | must provide for execution of the lease
upon the | 7 | | Department's approval of the school's application and | 8 | | the lease must
be for a period of at least one year.
| 9 | | c. (Blank).
| 10 | | 2. An application to own or operate a school shall | 11 | | include the following:
| 12 | | a. If the owner is a corporation, a copy of the | 13 | | Articles of
Incorporation or, if the owner is a limited | 14 | | liability company, a copy of the articles of | 15 | | organization ;
| 16 | | b. If the owner is a partnership, a listing of all | 17 | | partners and their
current addresses;
| 18 | | c. If the applicant is an owner, a completed | 19 | | financial statement showing
the owner's ability to | 20 | | operate the school for at least 3 months;
| 21 | | d. A copy of the official enrollment agreement or | 22 | | student contract to be
used by the school, which shall | 23 | | be consistent with the requirements of
this Act and | 24 | | rules;
| 25 | | e. A listing of all teachers who will be in the | 26 | | school's employ,
including their teacher license |
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| 1 | | numbers;
| 2 | | f. A copy of the curricula that will be followed;
| 3 | | g. The names, addresses, and current status of all | 4 | | schools in which the
applicant has previously owned any | 5 | | interest, and a declaration as to whether
any of these | 6 | | schools were ever denied accreditation or licensing or | 7 | | lost
accreditation or licensing from any governmental | 8 | | body or accrediting agency;
| 9 | | h. Each application for a certificate of approval | 10 | | shall be signed and
certified under oath by the | 11 | | school's chief managing employee and also by
its | 12 | | individual owner or owners; if the applicant is a | 13 | | partnership or a
corporation, then the application | 14 | | shall be signed and certified under oath by
the | 15 | | school's chief managing employee and also by each | 16 | | member of the partnership
or each officer of the | 17 | | corporation, as the case may be;
| 18 | | i. A copy of the school's official transcript; and
| 19 | | j. The required fee.
| 20 | | 3. Each application for a license to operate a
school | 21 | | shall also contain the following commitments:
| 22 | | a. To conduct the school in accordance with this | 23 | | Act and the standards,
and rules from time to time | 24 | | adopted under this Act and to meet standards and
| 25 | | requirements at least as stringent as those required by | 26 | | Part H of the Federal
Higher Education Act of 1965.
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| 1 | | b. To permit the Department to inspect the school | 2 | | or classes thereof
from time to time with or without | 3 | | notice; and to make available to the
Department, at any | 4 | | time when required to do so, information including
| 5 | | financial information pertaining to the activities of | 6 | | the school required
for the administration of this Act | 7 | | and the standards and rules adopted under
this Act;
| 8 | | c. To utilize only advertising and solicitation | 9 | | which is free from
misrepresentation, deception, | 10 | | fraud, or other misleading or unfair trade
practices;
| 11 | | d. To screen applicants to the school prior to | 12 | | enrollment pursuant to
the requirements of the | 13 | | school's regional or national accrediting agency,
if | 14 | | any, and to maintain any and all records of such | 15 | | screening. If the
course of instruction is offered in a | 16 | | language other than English, the
screening shall also | 17 | | be performed in that language;
| 18 | | e. To post in a conspicuous place a statement, | 19 | | developed by the
Department, of student's rights | 20 | | provided under this Act.
| 21 | | 4. The applicant shall establish to the satisfaction of | 22 | | the Department
that the owner possesses sufficient liquid | 23 | | assets to meet the prospective
expenses of the school for a | 24 | | period of 3 months. In the discretion of
the Department, | 25 | | additional proof of financial ability may be required.
| 26 | | 5. The applicant shall comply with all rules of the |
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| 1 | | Department determining
the necessary curriculum and | 2 | | equipment required for the conduct of the school.
| 3 | | 6. The applicant must demonstrate employment of a | 4 | | sufficient number of
qualified teachers who are holders of | 5 | | a current license issued by the
Department.
| 6 | | 7.
A final inspection of the barber, cosmetology, | 7 | | esthetics, hair braiding, or nail technology school shall | 8 | | be
made by the Department before the school may commence | 9 | | classes.
| 10 | | 8. A written inspection report must be made by the | 11 | | State Fire Marshal or a local fire authority approving the | 12 | | use of the proposed premises as a barber, cosmetology, | 13 | | esthetics, hair braiding, or nail technology school.
| 14 | | (Source: P.A. 98-238, eff. 1-1-14; 98-911, eff. 1-1-15 .)
| 15 | | (225 ILCS 410/3B-11)
| 16 | | (Section scheduled to be repealed on January 1, 2016)
| 17 | | Sec. 3B-11. Periodic review of barber, cosmetology, | 18 | | esthetics, hair braiding, and nail technology
schools. The | 19 | | Department shall review at least biennially all All approved | 20 | | schools
and courses of instruction are subject to review by the | 21 | | Department . The biennial review shall include consideration of
| 22 | | a comparison between the graduation or completion rate for the | 23 | | school and the
graduation or completion rate for the schools | 24 | | within that classification of
schools. Consideration shall be | 25 | | given to complaints and information forwarded
to the Department |
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| 1 | | by the Federal Trade Commission, Better Business Bureaus, the
| 2 | | Illinois Attorney General's Office, a State's Attorney's | 3 | | Office,
other State or official approval agencies, local school | 4 | | officials, and
interested persons. The Department shall | 5 | | investigate all complaints
filed with the Department about a | 6 | | school or its sales representatives.
| 7 | | A school shall retain
the records, as defined by rule, of a | 8 | | student
who withdraws from or drops out of the school, by | 9 | | written notice of
cancellation or otherwise, for any period | 10 | | longer than 7 years from the
student's first day of attendance. | 11 | | However, a school shall retain indefinitely
the transcript of | 12 | | each student who completes the program and
graduates from the | 13 | | school.
| 14 | | (Source: P.A. 98-911, eff. 1-1-15 .)
| 15 | | (225 ILCS 410/3B-12)
| 16 | | (Section scheduled to be repealed on January 1, 2016)
| 17 | | Sec. 3B-12. Enrollment agreements.
| 18 | | (a) Enrollment agreements shall be used by barber, | 19 | | cosmetology, esthetics, hair braiding, and nail
technology | 20 | | schools licensed to operate by the Department and shall include | 21 | | the
following written disclosures:
| 22 | | (1) The name and address of the school and the | 23 | | addresses where instruction
will be given;
| 24 | | (2) The name and description of the course of | 25 | | instruction, including the
number
of clock hours in each |
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| 1 | | course and an approximate number of weeks or months
| 2 | | required for completion;
| 3 | | (3) The scheduled starting date and calculated | 4 | | completion date;
| 5 | | (4) The total cost of the course of instruction | 6 | | including any charges made
by the school for tuition, | 7 | | books, materials, supplies, and other expenses;
| 8 | | (5) A clear and conspicuous statement that the contract | 9 | | is a legally
binding instrument when signed by the student | 10 | | and accepted by the school;
| 11 | | (6) A clear and conspicuous caption, "BUYER'S RIGHT TO | 12 | | CANCEL" under which
it is explained that the student has | 13 | | the right to cancel the initial enrollment
agreement until | 14 | | midnight of the fifth business day after the student has | 15 | | been
enrolled; and if notice of the right to cancel is not | 16 | | given to any prospective
student at the time the enrollment | 17 | | agreement is signed, then the student has
the right to | 18 | | cancel the agreement at any time and receive a refund of | 19 | | all
monies paid to date within 10 days of cancellation;
| 20 | | (7) A notice to the students that the cancellation must | 21 | | be in writing and
given to the registered agent, if any, or | 22 | | managing employee of the school;
| 23 | | (8) The school's refund policy for unearned tuition, | 24 | | fees, and other
charges;
| 25 | | (9) The date of the student's signature and the date of | 26 | | the student's
admission;
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| 1 | | (10) The name of the school employee or agent | 2 | | responsible for procuring,
soliciting, or enrolling the | 3 | | student;
| 4 | | (11) A clear statement that the institution does not | 5 | | guarantee employment
and a statement describing the | 6 | | school's placement assistance procedures;
| 7 | | (12) The graduation requirements of the school;
| 8 | | (13) The contents of the following notice, in at least | 9 | | 10 point bold type:
| 10 | | "NOTICE TO THE STUDENT"
| 11 | | "Do not sign this contract before you read it or if it | 12 | | contains
any blank space.
You are entitled to an exact copy | 13 | | of the contract you sign."
| 14 | | (14) A statement either in the enrollment agreement or | 15 | | separately provided
and
acknowledged by the student | 16 | | indicating the number of students who did not
complete the | 17 | | course of instruction for which they enrolled for the past
| 18 | | calendar year as compared to the number of students who | 19 | | enrolled in school
during the school's past calendar year;
| 20 | | (15) The following clear and conspicuous caption: | 21 | | "COMPLAINTS AGAINST
THIS SCHOOL MAY BE REGISTERED WITH THE | 22 | | DEPARTMENT OF FINANCIAL AND PROFESSIONAL
REGULATION", set | 23 | | forth with the address and telephone number of the
| 24 | | Department's Complaint Intake Unit Chicago and Springfield | 25 | | offices .
| 26 | | (b) If the enrollment is negotiated orally in a language |
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| 1 | | other than English,
then copies
of the above disclosures shall | 2 | | be tendered in the language in which the
contract was | 3 | | negotiated prior to executing the enrollment agreement.
| 4 | | (c) The school shall comply with all applicable | 5 | | requirements of the Retail
Installment Sales Act in its | 6 | | enrollment agreement or student contracts.
| 7 | | (d) No enrollment agreement or student contract shall | 8 | | contain a wage
assignment provision or a confession of judgment | 9 | | clause.
| 10 | | (e) Any provision in an enrollment agreement or student | 11 | | contract that
purports
to waive the student's right to assert | 12 | | against the school, or any assignee, any
claim or defense he or | 13 | | she may have against the school arising under the
contract | 14 | | shall be void.
| 15 | | (f) Two copies of the enrollment agreement shall be signed | 16 | | by the
student. One copy shall be given to the student and the | 17 | | school shall retain
the other copy as part of the student's | 18 | | permanent record.
| 19 | | (Source: P.A. 98-911, eff. 1-1-15 .)
| 20 | | (225 ILCS 410/3B-13)
| 21 | | (Section scheduled to be repealed on January 1, 2016)
| 22 | | Sec. 3B-13. Rules; refunds. Schools regulated under this | 23 | | Section shall
issue refunds based on the following schedule. | 24 | | The refund policy shall provide
that:
| 25 | | (1) Schools shall, when a student gives written notice |
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| 1 | | of cancellation,
provide a refund in the amount of at least | 2 | | the following:
| 3 | | (a) When notice of cancellation is given within 5 | 4 | | days after the date of
enrollment, all application and | 5 | | registration fees, tuition, and any other
charges | 6 | | shall be refunded to the student.
| 7 | | (b) When notice of cancellation is given after the | 8 | | fifth day following
enrollment but before the | 9 | | completion of the student's first day of class
| 10 | | attendance, the school may retain no more than the | 11 | | application and registration
fee, plus the cost of any | 12 | | books or materials which have been provided by the
| 13 | | school and retained by the student.
| 14 | | (c) When notice of cancellation is given after the | 15 | | student's completion of
the first day of class | 16 | | attendance but prior to the student's completion of 5%
| 17 | | of
the course of instruction, the school may retain the | 18 | | application and
registration fee and an amount not to | 19 | | exceed 10% of the tuition and other
instructional | 20 | | charges or $300, whichever is less, plus the cost of | 21 | | any books or
materials which have been provided by the | 22 | | school.
| 23 | | (d) When a student has completed 5% or more of the | 24 | | course of instruction,
the school may retain the | 25 | | application and registration fee and the cost of any
| 26 | | books or materials which have been provided by the |
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| 1 | | school but shall refund a
part of the tuition and other | 2 | | instructional charges in accordance with the
| 3 | | requirements of the school's regional or national | 4 | | accrediting agency, if any, or rules that
the | 5 | | Department shall promulgate for purposes of this | 6 | | Section.
| 7 | | (2) Applicants not accepted by the school shall receive | 8 | | a refund of all
tuition and fees paid.
| 9 | | (3) Application and registration fees shall be | 10 | | chargeable at initial
enrollment and shall not exceed $100. | 11 | | All fees must be disclosed in the student contract.
| 12 | | (4) Deposits or down payments shall become part of the | 13 | | tuition.
| 14 | | (5)
The school shall mail a written acknowledgement of
| 15 | | a
student's
cancellation or written withdrawal to the | 16 | | student within 15 calendar days of
the date of | 17 | | notification. Written acknowledgement is not necessary if | 18 | | a
refund has been mailed to the student within the 15 | 19 | | calendar days.
| 20 | | (6) If the school cancels or discontinues a course, the | 21 | | student shall be
entitled to receive from the school such | 22 | | refund or partial refund of the
tuition, fees, and other | 23 | | charges paid by the student or on behalf of the
student as | 24 | | is provided under rules promulgated by the Department.
| 25 | | (7) Except as otherwise provided by this Act, all | 26 | | student refunds shall be
made by the school within 45 |
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| 1 | | calendar days after the date of notice of the
student's | 2 | | cancellation or the date that the school determines that | 3 | | the student has officially or unofficially withdrawn.
| 4 | | (8) A student shall give notice of cancellation to the | 5 | | school in writing.
The unexplained absence of a student | 6 | | from a school for more than 30 consecutive
calendar days | 7 | | shall constitute constructive notice of cancellation to | 8 | | the school. For
purposes of cancellation, the cancellation | 9 | | date shall be the last day of
attendance.
| 10 | | (9) A school may make refunds which exceed those | 11 | | required by this Section.
| 12 | | (10) Each student and former student shall be entitled | 13 | | to receive from the
school that the student attends or | 14 | | attended an official transcript of all
hours completed by | 15 | | the student at that school for which the applicable | 16 | | tuition,
fees, and other charges have been paid, together | 17 | | with the grades earned by the
student for those hours, | 18 | | provided that a student who withdraws from or drops
out of | 19 | | a school, by written notice of cancellation or otherwise, | 20 | | shall not be
entitled to any transcript of completed hours | 21 | | following the expiration of the
7-year period that began on | 22 | | the student's first day of attendance at the
school. A | 23 | | reasonable fee, not exceeding $2, may be charged by the | 24 | | school
for each transcript after the first free transcript | 25 | | that the school is required
to provide to a student or | 26 | | former student under this Section.
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| 1 | | (Source: P.A. 95-343, eff. 1-1-08; 96-506, eff. 8-14-09.)
| 2 | | (225 ILCS 410/3B-17 new) | 3 | | Sec. 3B-17. Sale of school. Any school licensed under this | 4 | | Act that is subsequently sold to another party shall notify the | 5 | | Department in writing of the sale at least 30 days in advance | 6 | | of the effective date of the transfer of ownership. Upon filing | 7 | | of this notice with the Department, the new owner may continue | 8 | | to operate the school under the previously issued license | 9 | | provided that the new owner submits an application for | 10 | | licensure to the Department in accordance with the requirements | 11 | | of this Act within 30 days after the effective date of the | 12 | | transfer of ownership. The new owner may continue to operate | 13 | | the school under the previous license after submitting such | 14 | | application until the Department issues a new license or denies | 15 | | issuance of a license, whichever occurs first. The Department | 16 | | shall provide for administration of this Section by rule. | 17 | | (225 ILCS 410/3B-18 new) | 18 | | Sec. 3B-18. Internship. A school may offer an internship | 19 | | program as part of its curriculum subject to the rules of the | 20 | | Department.
| 21 | | (225 ILCS 410/3C-8) (from Ch. 111, par. 1703C-8)
| 22 | | (Section scheduled to be repealed on January 1, 2016)
| 23 | | Sec. 3C-8. License renewal; expiration; continuing |
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| 1 | | education;
persons in military service. The holder of a license
| 2 | | issued under this Article may renew that license during the
| 3 | | month preceding the expiration date of the license by
paying | 4 | | the required fee and giving evidence, as the Department may | 5 | | prescribe,
of completing not
less than 10 hours of continuing | 6 | | education for a nail technician
and 20 hours of continuing | 7 | | education for a nail technology teacher, within
the 2 years | 8 | | prior
to renewal. The continuing education shall be in subjects | 9 | | approved by the
Department upon recommendation of the Barber, | 10 | | Cosmetology, Esthetics, Hair Braiding, and
Nail Technology | 11 | | Board relating to the practice of nail technology,
including, | 12 | | but not limited to, review of sanitary procedures, review of
| 13 | | chemical service procedures, review of this Act, and review of | 14 | | the Workers'
Compensation Act. However, at least 10 of the | 15 | | hours of continuing education
required for a nail technology | 16 | | teacher
shall be in subjects relating to
teaching methodology, | 17 | | educational psychology, and classroom management or in
other | 18 | | subjects related to teaching.
| 19 | | A license that has been expired or placed on inactive | 20 | | status may
be restored only by payment of the restoration fee | 21 | | and submitting evidence
satisfactory to the Department of the | 22 | | meeting of current qualifications and
fitness of the licensee, | 23 | | including the completion of
continuing education hours for the | 24 | | period subsequent to
expiration.
| 25 | | A license issued under this Article that
has expired while | 26 | | the holder of the license
was engaged (1) in federal service on |
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| 1 | | active duty with the Army of the United
States, the United | 2 | | States Navy, the Marine Corps, the Air Force, the Coast
Guard, | 3 | | or any Women's Auxiliary thereof, or the State Militia called | 4 | | into
the service or training of the United States of America, | 5 | | or (2) in training
or education under the supervision of the | 6 | | United States preliminary to
induction into the military | 7 | | service, may be reinstated or restored without
the payment of | 8 | | any lapsed renewal fees, reinstatement fee or restoration
fee | 9 | | if, within 2 years after the termination of the service, | 10 | | training, or
education other than by dishonorable discharge, | 11 | | the holder furnishes the
Department with an affidavit to the | 12 | | effect that the certificate holder has
been so engaged and that | 13 | | the service, training, or education has been so
terminated.
| 14 | | The Department, in its discretion, may waive enforcement of | 15 | | the continuing
education requirement in this Section, and shall | 16 | | adopt rules defining the
standards and criteria for such | 17 | | waiver, under the following circumstances:
| 18 | | (a) the licensee resides in a locality where it is | 19 | | demonstrated that the
absence of opportunities for such | 20 | | education would interfere with the ability of
the licensee to | 21 | | provide service to the public;
| 22 | | (b) the licensee's compliance with the continuing | 23 | | education requirements
would cause a substantial financial | 24 | | hardship on the licensee;
| 25 | | (c) the licensee is serving in the United States Armed | 26 | | Forces; or
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| 1 | | (d) the licensee is incapacitated due to illness.
| 2 | | (Source: P.A. 98-911, eff. 1-1-15 .)
| 3 | | (225 ILCS 410/3C-10 new) | 4 | | Sec. 3C-10. Inactive status. Any nail technician or nail | 5 | | technology teacher who notifies the Department in writing on | 6 | | forms prescribed by the Department may elect to place his or | 7 | | her license on inactive status and shall, subject to rules of | 8 | | the Department, be excused from payment of renewal fees until | 9 | | he or she notifies the Department in writing of his or her | 10 | | desire to resume active status. | 11 | | Any nail technician or nail technology teacher requesting | 12 | | restoration from inactive status shall be required to pay the | 13 | | current renewal fee and to qualify for the restoration of his | 14 | | or her license, subject to rules of the Department. A license | 15 | | shall not be restored from inactive status unless the nail | 16 | | technician or nail technology teacher requesting the | 17 | | restoration completes the number of hours of continuing | 18 | | education required for renewal of a license under Section 3C-8. | 19 | | Any nail technician or nail technology teacher whose | 20 | | license is in inactive status shall not practice in the State | 21 | | of Illinois.
| 22 | | (225 ILCS 410/3D-5)
| 23 | | (Section scheduled to be repealed on January 1, 2016)
| 24 | | Sec. 3D-5. Requisites for ownership or operation of |
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| 1 | | cosmetology,
esthetics, hair braiding, and nail technology | 2 | | salons and barber shops. | 3 | | (a) No person, firm, partnership, limited liability | 4 | | company, or corporation
shall own or operate a cosmetology, | 5 | | esthetics, hair braiding, or nail technology salon or
barber | 6 | | shop or employ, rent space to, or independently contract with | 7 | | any licensee under this Act without applying on forms provided | 8 | | by the Department for a
certificate of registration.
| 9 | | (b) The application for a certificate of registration under | 10 | | this Section
shall
set forth the name, address, and telephone | 11 | | number of the proposed cosmetology,
esthetics, hair braiding, | 12 | | or nail technology salon or barber shop; the name, address, and
| 13 | | telephone number of the person, firm, partnership, or | 14 | | corporation that is to
own or operate the salon or shop; and, | 15 | | if the salon or shop is to be owned or
operated by an entity | 16 | | other than an individual, the name, address, and
telephone | 17 | | number of the managing partner or the chief executive officer | 18 | | of the
corporation or other entity that owns or operates the | 19 | | salon or shop.
| 20 | | (c) The Department shall be notified by the owner or | 21 | | operator of a salon or
shop that is moved to a new location. If | 22 | | there is a change in the ownership or
operation of a salon or | 23 | | shop, the new owner or operator shall report that
change to the | 24 | | Department along with completion of any additional | 25 | | requirements
set forth by rule.
| 26 | | (d) If a person, firm, partnership, limited liability |
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| 1 | | company, or
corporation owns or operates more than one shop or | 2 | | salon, a separate
certificate of registration must be obtained | 3 | | for each salon or shop.
| 4 | | (e) A certificate of registration granted under this | 5 | | Section may be revoked
in accordance with the provisions of | 6 | | Article IV and the holder of the
certificate may be otherwise | 7 | | disciplined by the Department in accordance with
rules adopted | 8 | | under this Act.
| 9 | | (f) The Department may promulgate rules to establish | 10 | | additional
requirements for owning or operating a salon or | 11 | | shop. | 12 | | (g) The requirement of a certificate of registration as set | 13 | | forth in this Section shall also apply to any person, firm, | 14 | | partnership, limited liability company, or corporation | 15 | | providing barbering, cosmetology, esthetics, hair braiding, or | 16 | | nail technology services at any location not owned or rented by | 17 | | such person, firm, partnership, limited liability company, or | 18 | | corporation for these purposes or from a mobile shop or salon. | 19 | | Notwithstanding any provision of this Section, applicants for a | 20 | | certificate of registration under this subsection (g) shall | 21 | | report in its application the address and telephone number of | 22 | | its office and shall not be required to report the location | 23 | | where services are or will be rendered. Nothing in this | 24 | | subsection (g) shall apply to a sole proprietor who has no | 25 | | employees or contractors and is not operating a mobile shop or | 26 | | salon.
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| 1 | | (Source: P.A. 96-1246, eff. 1-1-11.)
| 2 | | (225 ILCS 410/3E-5) | 3 | | (Section scheduled to be repealed on January 1, 2016) | 4 | | Sec. 3E-5. License renewal. To renew a license issued under | 5 | | this Article, an individual must produce proof of successful | 6 | | completion of 10 hours of continuing education for a hair | 7 | | braider license and 20 hours of continuing education for a hair | 8 | | braiding teacher license. | 9 | | A license that has been expired for more than 5 years may | 10 | | be restored by payment of the restoration fee and submitting | 11 | | evidence satisfactory to the Department of the current | 12 | | qualifications and fitness of the licensee, which shall include | 13 | | completion of continuing education hours for the period | 14 | | subsequent to expiration. The Department may establish | 15 | | additional rules for the administration of this Section and | 16 | | other requirements for the renewal of a hair braider or hair | 17 | | braiding teacher license issued under this Act.
| 18 | | (Source: P.A. 96-1246, eff. 1-1-11 .) | 19 | | (225 ILCS 410/3E-7 new) | 20 | | Sec. 3E-7. Inactive status. Any hair braider or hair | 21 | | braiding teacher who notifies the Department in writing on | 22 | | forms prescribed by the Department may elect to place his or | 23 | | her license on inactive status and shall, subject to rules of | 24 | | the Department, be excused from payment of renewal fees until |
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| 1 | | he or she notifies the Department in writing of his or her | 2 | | desire to resume active status. | 3 | | Any hair braider or hair braiding teacher requesting | 4 | | restoration from inactive status shall be required to pay the | 5 | | current renewal fee and to qualify for the restoration of his | 6 | | or her license, subject to rules of the Department. A license | 7 | | shall not be restored from inactive status unless the hair | 8 | | braider or hair braiding teacher requesting the restoration | 9 | | completes the number of hours of continuing education required | 10 | | for renewal of a license under Section 3E-5. | 11 | | Any hair braider or hair braiding teacher whose license is | 12 | | in inactive status shall not practice in the State of Illinois.
| 13 | | (225 ILCS 410/4-2) (from Ch. 111, par. 1704-2)
| 14 | | (Section scheduled to be repealed on January 1, 2016)
| 15 | | Sec. 4-2. The Barber, Cosmetology, Esthetics, Hair | 16 | | Braiding, and Nail Technology
Board. There is established | 17 | | within the Department the Barber,
Cosmetology, Esthetics, Hair | 18 | | Braiding, and Nail Technology Board, composed of 11
persons, | 19 | | which shall serve in an advisory capacity to the Secretary
in | 20 | | all matters related to the practice of barbering, cosmetology,
| 21 | | esthetics, hair braiding, and nail technology.
| 22 | | The 11 members of the Board shall be appointed as follows: | 23 | | 6 licensed
cosmetologists, all of whom hold a
current license | 24 | | as a cosmetologist or cosmetology teacher and, for appointments
| 25 | | made
after the effective date of this amendatory Act of 1996, |
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| 1 | | at least
2 of whom shall be an owner of or a major stockholder | 2 | | in a school
of cosmetology,
2 of whom shall be representatives | 3 | | of either a franchiser or an owner operating salons in 2 or | 4 | | more locations within the State, one of whom shall be
an | 5 | | independent salon owner,
and no one of the
cosmetologist | 6 | | members shall be a manufacturer, jobber, or stockholder in a
| 7 | | factory of
cosmetology articles or an immediate family member | 8 | | of any of the above; one of
whom shall be a barber holding a | 9 | | current license; one member who shall be a
licensed esthetician | 10 | | or esthetics teacher; one member who shall be a licensed
nail | 11 | | technician or nail technology teacher; one member who shall be | 12 | | a licensed hair braider or hair braiding teacher; and one | 13 | | public member who holds no
licenses issued by the Department. | 14 | | The Secretary shall give due consideration for membership to
| 15 | | recommendations by members of the professions and by their | 16 | | professional
organizations. Members shall serve 4 year terms | 17 | | and until their successors
are appointed and qualified. No | 18 | | member shall be reappointed to the Board for more than 2
terms. | 19 | | Appointments to fill vacancies shall be made in the same manner | 20 | | as
original appointments for the unexpired portion of the | 21 | | vacated term. Members
of
the Board in office on the effective | 22 | | date of this amendatory Act of
1996
shall continue to serve for | 23 | | the duration of the terms to which they have been
appointed, | 24 | | but beginning on that effective date all appointments of | 25 | | licensed
cosmetologists and barbers to serve as members of the | 26 | | Board shall be made
in a manner that will effect at the |
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| 1 | | earliest possible date the changes made by
this amendatory Act | 2 | | of 1996 in the representative composition of
the
Board.
| 3 | | For the initial appointment of a member who shall be a hair | 4 | | braider or hair braiding teacher to the Board, such individual | 5 | | shall not be required to possess a license at the time of | 6 | | appointment, but shall have at least 5 years active practice in | 7 | | the field of hair braiding and shall obtain a license as a hair | 8 | | braider or a hair braiding teacher within 18 months after | 9 | | appointment to the Board. | 10 | | Six members of the Board shall constitute a quorum. A
| 11 | | majority is required for Board decisions.
| 12 | | The Board shall elect a chairperson and a vice chairperson | 13 | | annually. | 14 | | Board members are not liable for their acts, omissions, | 15 | | decisions, or other conduct in connection with their duties on | 16 | | the Board, except those determined to be willful, wanton, or | 17 | | intentional misconduct. | 18 | | Whenever the Secretary is satisfied that substantial | 19 | | justice has
not been done in an examination, the Secretary may | 20 | | order a reexamination by the
same or other examiners.
| 21 | | (Source: P.A. 96-1246, eff. 1-1-11.)
| 22 | | (225 ILCS 410/4-5) (from Ch. 111, par. 1704-5)
| 23 | | (Section scheduled to be repealed on January 1, 2016)
| 24 | | Sec. 4-5. Fees ; time limitations .
| 25 | | (a) Except as provided in paragraph (b) below, the fees for |
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| 1 | | the
administration and enforcement of this Act, including but | 2 | | not limited
to fees for original licensure, renewal, and
| 3 | | restoration shall be set by the Department by rule. The fees | 4 | | shall
not be refundable.
| 5 | | (b) Applicants for examination shall be required to pay, | 6 | | either
to the Department or the designated testing service, a | 7 | | fee covering
the cost of initial screening to determine | 8 | | eligibility and providing
the examination. Failure to appear | 9 | | for the examination on the scheduled
date at the time and place | 10 | | specified, after the applicant's application
for examination | 11 | | has been received and acknowledged by the Department
or the | 12 | | designated testing service, shall result in the forfeiture of | 13 | | the
examination fee.
| 14 | | (c) If an applicant fails to pass an examination for
| 15 | | licensure under
this Act within 3 years after filing his | 16 | | application, the application shall
be denied. However, such | 17 | | applicant may thereafter make a new application
for examination | 18 | | accompanied by the required fee.
| 19 | | (d) An individual applying on the basis of endorsement or | 20 | | restoration of
licensure has 3 years from the date of | 21 | | application to complete the
application process. If the process | 22 | | has not been completed in 3 years,
the application shall be | 23 | | denied, the fee forfeited. The
applicant may reapply, but shall | 24 | | meet the requirements in effect at the
time of reapplication.
| 25 | | (e) An applicant has one year from the date of notification | 26 | | of
successful completion of the examination to apply to the |
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| 1 | | Department for a
license. If an applicant fails to apply within | 2 | | one year the applicant
shall be required to take and pass the | 3 | | examination again.
| 4 | | (Source: P.A. 89-387, eff. 1-1-96 .)
| 5 | | (225 ILCS 410/4-7) (from Ch. 111, par. 1704-7)
| 6 | | (Section scheduled to be repealed on January 1, 2016)
| 7 | | Sec. 4-7. Refusal, suspension and revocation of licenses; | 8 | | causes;
disciplinary action. | 9 | | (1) The Department may refuse to issue or renew, and
may | 10 | | suspend, revoke, place on probation, reprimand or take any | 11 | | other
disciplinary or non-disciplinary action as the | 12 | | Department may deem proper, including civil
penalties not to | 13 | | exceed $500 for each violation, with regard to any
license for | 14 | | any one, or any combination, of
the
following causes:
| 15 | | a. Conviction of any crime
under the laws of the United | 16 | | States or any state or territory thereof that
is (i) a | 17 | | felony, (ii) a misdemeanor, an essential element
of which | 18 | | is dishonesty, or (iii) a crime which is related to the | 19 | | practice of
the profession.
| 20 | | b. Conviction of any of the violations listed in
| 21 | | Section 4-20.
| 22 | | c. Material misstatement in furnishing information to | 23 | | the Department.
| 24 | | d. Making any misrepresentation for the purpose of | 25 | | obtaining
a license or violating any provision of this Act |
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| 1 | | or its rules.
| 2 | | e. Aiding or assisting another person in violating any | 3 | | provision of this
Act or its rules.
| 4 | | f. Failing, within 60 days, to provide information in | 5 | | response to a
written request made by the Department.
| 6 | | g. Discipline by another state, territory, or country | 7 | | if at least one of
the grounds for the discipline is the | 8 | | same as or substantially equivalent to
those set forth in | 9 | | this Act.
| 10 | | h. Practice in the barber, nail technology, esthetics, | 11 | | hair braiding, or
cosmetology profession, or an attempt to | 12 | | practice in those professions, by
fraudulent | 13 | | misrepresentation.
| 14 | | i. Gross malpractice or gross incompetency.
| 15 | | j. Continued practice by a person knowingly having an
| 16 | | infectious
or contagious disease.
| 17 | | k. Solicitation of professional services by using | 18 | | false or
misleading advertising.
| 19 | | l. A finding by the Department that the licensee, after | 20 | | having his or
her license placed on probationary status, | 21 | | has violated the terms of
probation.
| 22 | | m. Directly or indirectly giving to or receiving from | 23 | | any person, firm,
corporation, partnership or association | 24 | | any fee, commission, rebate, or other
form of compensation | 25 | | for any professional services not actually or personally
| 26 | | rendered.
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| 1 | | n. Violating any of the provisions of this Act or rules | 2 | | adopted
pursuant to this Act.
| 3 | | o. Willfully making or filing false records or reports | 4 | | relating to a
licensee's practice, including but not | 5 | | limited to, false records filed with
State agencies or | 6 | | departments.
| 7 | | p. Habitual or excessive use
or addiction to alcohol, | 8 | | narcotics, stimulants, or any other chemical agent or
drug | 9 | | that results in the inability to practice with reasonable | 10 | | judgment, skill
or safety.
| 11 | | q. Engaging in dishonorable, unethical or | 12 | | unprofessional conduct of a character likely to deceive,
| 13 | | defraud, or harm the public as may be defined by rules of | 14 | | the Department, or
violating
the rules of professional | 15 | | conduct which may be adopted by the Department.
| 16 | | r. Permitting any person to use for any unlawful or | 17 | | fraudulent
purpose one's diploma or license or certificate | 18 | | of registration as a
cosmetologist, nail technician, | 19 | | esthetician, hair braider, or barber or cosmetology,
nail | 20 | | technology, esthetics, hair braiding, or barber teacher or | 21 | | salon or shop or
cosmetology clinic teacher.
| 22 | | s. Being named as a perpetrator in an indicated report | 23 | | by the Department
of Children and Family Services under the | 24 | | Abused and Neglected Child Reporting
Act and upon proof by | 25 | | clear and convincing evidence that the licensee has
caused | 26 | | a child to be an abused child or neglected child as defined |
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| 1 | | in the
Abused and Neglected Child Reporting Act.
| 2 | | t. Operating a salon or shop without a valid | 3 | | registration. | 4 | | u. Failure to complete required continuing education | 5 | | hours. | 6 | | (2) In rendering an order, the Secretary shall take into
| 7 | | consideration the facts and circumstances involving the type of | 8 | | acts
or omissions in paragraph (1) of this Section including, | 9 | | but not limited to:
| 10 | | (a) the extent to which public confidence in the | 11 | | cosmetology, nail
technology, esthetics, hair braiding, or | 12 | | barbering profession was, might have been, or may be,
| 13 | | injured;
| 14 | | (b) the degree of trust and dependence among the | 15 | | involved parties;
| 16 | | (c) the character and degree of harm which did result | 17 | | or might
have resulted;
| 18 | | (d) the intent or mental state of the licensee at the
| 19 | | time of the acts or omissions.
| 20 | | (3) The Department may shall reissue the license or | 21 | | registration upon
certification by the Board that the | 22 | | disciplined licensee or registrant
has complied with all of the | 23 | | terms and conditions set forth in the final
order or has been | 24 | | sufficiently rehabilitated to warrant the public trust.
| 25 | | (4) The Department shall refuse to issue or renew or | 26 | | suspend without hearing the license or
certificate of |
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| 1 | | registration
of any person who fails to file a return, or to | 2 | | pay the tax, penalty or
interest shown in a filed return, or to | 3 | | pay any final assessment of tax,
penalty or interest, as | 4 | | required by any tax Act administered by the
Illinois Department | 5 | | of Revenue, until such time as the requirements of any
such tax | 6 | | Act are satisfied as determined by the Department of Revenue.
| 7 | | (5) The Department shall deny without hearing any | 8 | | application for a
license or renewal of a license under this | 9 | | Act by a person who has defaulted on
an educational loan | 10 | | guaranteed by the Illinois Student Assistance Commission;
| 11 | | however, the Department may issue or renew a license if the | 12 | | person in default
has established a satisfactory repayment | 13 | | record as determined by the Illinois
Student Assistance | 14 | | Commission.
| 15 | | (6) All fines imposed under this Section shall be paid | 16 | | within 60 days after the effective date of the order imposing | 17 | | the fine or in accordance with the terms set forth in the order | 18 | | imposing the fine. | 19 | | (Source: P.A. 98-911, eff. 1-1-15 .)
| 20 | | (225 ILCS 410/4-9) (from Ch. 111, par. 1704-9)
| 21 | | (Section scheduled to be repealed on January 1, 2016)
| 22 | | Sec. 4-9. Practice without a license or after suspension or | 23 | | revocation
thereof. | 24 | | (a) If any person violates the provisions of this Act, the | 25 | | Secretary
may, in the name of the People of the State of |
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| 1 | | Illinois, through the
Attorney General of the State of | 2 | | Illinois, petition, for an order
enjoining such violation or | 3 | | for an order enforcing compliance with
this Act. Upon the | 4 | | filing of a verified petition in such court, the
court may | 5 | | issue a temporary restraining order, without notice or
bond, | 6 | | and may preliminarily and permanently enjoin such violation,
| 7 | | and if it is established that such person has violated or is
| 8 | | violating the injunction, the Court may punish the offender for
| 9 | | contempt of court. Proceedings under this Section shall be in
| 10 | | addition to, and not in lieu of, all other remedies and | 11 | | penalties
provided by this Act.
| 12 | | (b) If any person shall practice as a barber, | 13 | | cosmetologist, nail
technician, hair braider, or esthetician, | 14 | | or teacher thereof or cosmetology clinic teacher or hold | 15 | | himself or herself out as such
without being licensed under the | 16 | | provisions of this Act, any
licensee, any interested party, or | 17 | | any person injured thereby
may, in addition to the Secretary, | 18 | | petition for relief as provided in subsection
(a) of this | 19 | | Section.
| 20 | | (c) Whenever in the opinion of the Department any person , | 21 | | firm, corporation, or other legal entity has violated violates
| 22 | | any provision of Section 1-7 or 3D-5 of this Act, the | 23 | | Department may issue a rule to show
cause why an order to cease | 24 | | and desist should not be entered against
that person, firm, | 25 | | corporation, or legal entity him . The rule shall clearly set | 26 | | forth the grounds relied upon by
the Department and shall |
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| 1 | | provide a period of 7 days from the date of
the rule to file an | 2 | | answer to the satisfaction of the Department.
Failure to answer | 3 | | to the satisfaction of the Department shall cause
an order to | 4 | | cease and desist to be issued immediately.
| 5 | | (Source: P.A. 98-911, eff. 1-1-15 .)
| 6 | | (225 ILCS 410/4-10) (from Ch. 111, par. 1704-10)
| 7 | | (Section scheduled to be repealed on January 1, 2016)
| 8 | | Sec. 4-10. Refusal, suspension and revocation of
licenses; | 9 | | investigations and hearing.
The Department may upon its own | 10 | | motion and shall, upon the
verified complaint in writing of any | 11 | | person setting forth the facts
which if proven would constitute | 12 | | grounds for disciplinary action as
set forth in Section 4-7, | 13 | | investigate the actions of any person
holding or claiming to | 14 | | hold a license.
The Department shall, at least 30 days prior to | 15 | | the date set for
the hearing, notify in writing the applicant | 16 | | or the holder of that license of any charges made and shall | 17 | | afford the accused person
an opportunity to be heard in person | 18 | | or by counsel in reference
thereto. The Department shall
direct | 19 | | the applicant or licensee to file a written answer to the Board | 20 | | under
oath within 20 days after the service of the notice and | 21 | | inform the applicant
or licensee that failure to file an answer | 22 | | will result in default being
taken against the applicant or | 23 | | licensee and that the license
may be
suspended, revoked, placed | 24 | | on probationary status, or other disciplinary
action may be | 25 | | taken, including limiting the scope, nature or extent of
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| 1 | | practice, as the Secretary may deem proper.
The written notice | 2 | | may be served by the delivery of the
notice personally to the | 3 | | accused person, or by mailing the notice by
registered or | 4 | | certified mail to the address of record place of business last | 5 | | specified by the
accused person in his last notification
to the | 6 | | Department .
In case the person fails to file an answer after | 7 | | receiving notice, his or
her license or certificate may, in the | 8 | | discretion of the Department be
suspended, revoked, or placed | 9 | | on probationary status, or the Department, may
take whatever | 10 | | disciplinary action deemed proper, including limiting the
| 11 | | scope, nature, or extent of the person's practice or the | 12 | | imposition of a
fine, without a hearing, if the act or acts | 13 | | charged constitute sufficient
grounds for such action under | 14 | | this Act.
At the time and place fixed in the notice, the Board
| 15 | | shall proceed to hearing of the
charges and the accused person | 16 | | shall be
accorded ample opportunity to present in person or by | 17 | | counsel, any
statements, testimony, evidence and arguments as | 18 | | may be pertinent to
the charges or their defense. The Board may | 19 | | continue a
hearing from time to time.
| 20 | | (Source: P.A. 98-911, eff. 1-1-15 .)
| 21 | | (225 ILCS 410/4-13) (from Ch. 111, par. 1704-13)
| 22 | | (Section scheduled to be repealed on January 1, 2016)
| 23 | | Sec. 4-13. Attendance of witnesses and production of
| 24 | | documents. Any circuit court or any judge thereof, upon
the | 25 | | application of the accused person or complainant or
of the |
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| 1 | | Department, may by order duly entered, require the
attendance | 2 | | of witnesses and the production of relevant books
and papers | 3 | | before the Department in any hearing relative to
the | 4 | | application for or refusal, recall, suspension or
revocation of | 5 | | license, and the court
or judge may compel obedience to its or | 6 | | his order by
proceedings for contempt.
| 7 | | (Source: P.A. 89-387, eff. 1-1-96 .)
| 8 | | (225 ILCS 410/4-14) (from Ch. 111, par. 1704-14)
| 9 | | (Section scheduled to be repealed on January 1, 2016)
| 10 | | Sec. 4-14. Report of Board; rehearing.
The Board shall | 11 | | present to the Secretary its written report
of its findings and | 12 | | recommendations. A copy of such report shall be
served upon the | 13 | | accused person, either personally or by registered mail as
| 14 | | provided in this Section for the service of the notice | 15 | | citation .
Within 20 days after such service, said accused | 16 | | person may
present to the Department his or her motion in | 17 | | writing for rehearing, which
written motion shall specify the | 18 | | particular grounds therefor. If
said accused person shall order | 19 | | and pay for a transcript of the
record as provided in this | 20 | | Section, the time elapsing thereafter and
before such | 21 | | transcript is ready for delivery to him or her shall not be
| 22 | | counted as part of such 20 days.
Whenever the Secretary is | 23 | | satisfied that substantial justice has
not been done, he or she | 24 | | may order a re-hearing by the same or a
special committee. At | 25 | | the expiration of the time specified for
filing a motion or a |
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| 1 | | rehearing the Secretary shall have the right to
take the action | 2 | | recommended by the Board. Upon the suspension
or revocation of | 3 | | his or her license a
licensee shall be required to surrender | 4 | | his or her
license to the Department, and upon his or
her | 5 | | failure or refusal so to do, the Department shall have the | 6 | | right to seize
the same.
| 7 | | (Source: P.A. 98-911, eff. 1-1-15 .)
| 8 | | (225 ILCS 410/4-15) (from Ch. 111, par. 1704-15)
| 9 | | (Section scheduled to be repealed on January 1, 2016)
| 10 | | Sec. 4-15. Hearing officer.
Notwithstanding the | 11 | | provisions of Section 4-10, the Secretary shall
have the | 12 | | authority to appoint any attorney duly licensed to practice
law | 13 | | in the State of Illinois to serve as the hearing officer in any
| 14 | | action for refusal to issue or renew, or discipline of a
| 15 | | license. The hearing officer shall have full
authority to | 16 | | conduct the hearing. The hearing officer shall report
his or | 17 | | her findings and recommendations to the Board and the | 18 | | Secretary.
The Board shall have 60 days from receipt of the | 19 | | report to
review the report of the hearing officer and present | 20 | | their findings
of fact, conclusions of law, and recommendations | 21 | | to the Secretary. If
the Board fails to present its report | 22 | | within the 60 day period,
then the Secretary shall issue an | 23 | | order based on the report of the hearing
officer. If the | 24 | | Secretary disagrees in any regard with determines that the | 25 | | Board's report is
contrary to the manifest weight of the |
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| 1 | | evidence , then he or she may issue an
order in contravention of | 2 | | the Board's report.
| 3 | | (Source: P.A. 98-911, eff. 1-1-15 .)
| 4 | | (225 ILCS 410/4-16) (from Ch. 111, par. 1704-16)
| 5 | | (Section scheduled to be repealed on January 1, 2016)
| 6 | | Sec. 4-16. Order or certified copy; prima facie proof.
An | 7 | | order of revocation or suspension or placing a license on | 8 | | probationary status or other disciplinary action as the | 9 | | Department may consider proper or a certified copy thereof, | 10 | | over the seal
of the Department and purporting to be signed by | 11 | | the Secretary, shall be
prima facie proof that:
| 12 | | 1. the signature is the genuine signature of the | 13 | | Secretary;
| 14 | | 2. the Secretary is duly appointed and qualified;
and
| 15 | | 3. the Board and the members thereof are qualified to | 16 | | act.
| 17 | | Such proof may be rebutted.
| 18 | | (Source: P.A. 98-911, eff. 1-1-15 .)
| 19 | | (225 ILCS 410/4-17) (from Ch. 111, par. 1704-17)
| 20 | | (Section scheduled to be repealed on January 1, 2016)
| 21 | | Sec. 4-17. Restoration of license. At any time after the | 22 | | successful completion of a term of suspension or
revocation of | 23 | | a license, the Department may restore it to the licensee, upon | 24 | | the written recommendation of the Board , unless the Board |
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| 1 | | determines after an investigation and a hearing that | 2 | | restoration is not in the public interest .
| 3 | | (Source: P.A. 98-911, eff. 1-1-15 .)
| 4 | | (225 ILCS 410/4-18.5 new) | 5 | | Sec. 4-18.5. Citations. | 6 | | (a) The Department shall adopt rules to permit the issuance | 7 | | of citations for unlicensed practice, practice on an expired | 8 | | license, failure to register a salon or shop, operating a salon | 9 | | or shop on an expired registration, aiding and abetting | 10 | | unlicensed practice, failure to display a license as required | 11 | | by this Act, or any violation of sanitary rules. The citation | 12 | | shall be issued to the licensee or other person alleged to have | 13 | | committed one or more of the preceding violations and shall | 14 | | contain the licensee's or other person's name and address, the | 15 | | licensee's license number, if any, a brief factual statement, | 16 | | the Sections of this Act or the rules allegedly violated, and | 17 | | the penalty imposed, which shall not exceed $500. The citation | 18 | | must clearly state that if the cited person wishes to dispute | 19 | | the citation, he or she may request in writing, within 30 days | 20 | | after the citation is served, a hearing before the Department. | 21 | | If the cited person does not request a hearing within 30 days | 22 | | after the citation is served, then the citation shall become a | 23 | | final order and shall constitute discipline and any fine | 24 | | imposed is due and payable. If the cited person requests a | 25 | | hearing within 30 days after the citation is served, the |
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| 1 | | Department shall afford the cited person a hearing conducted in | 2 | | the same manner as a hearing provided in this Act for any | 3 | | violation of this Act and shall determine whether the cited | 4 | | person committed the violation as charged and whether the fine | 5 | | as levied is warranted. No fine shall be increased but may be | 6 | | reduced. If the violation is found, any fine shall be due and | 7 | | payable within 30 days of the order of the Secretary. Failure | 8 | | to comply with any final order may subject the licensee or | 9 | | unlicensed person to further discipline or other action by the | 10 | | Department or a referral to the State's Attorney. | 11 | | (b) A citation must be issued within 6 months after the | 12 | | reporting of a violation that is the basis for the citation. | 13 | | (c) Service of a citation shall be made by personal service | 14 | | or certified mail to the licensee at the licensee's address of | 15 | | record or to an unlicensed person at his or her last known | 16 | | address. | 17 | | (d) Nothing in this Section shall prohibit or limit the | 18 | | Department from taking further action pursuant to this Act and | 19 | | rules for additional, repeated, or continuing violations. | 20 | | (225 ILCS 410/4-25 new) | 21 | | Sec. 4-25. Disposition by consent order. At any point in | 22 | | any investigation or disciplinary proceeding provided for in | 23 | | this Act, both parties may agree to a negotiated consent order. | 24 | | The consent order shall be final upon signature of the | 25 | | Secretary. |
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| 1 | | (225 ILCS 410/1-9 rep.) | 2 | | (225 ILCS 410/2-4a rep.) | 3 | | (225 ILCS 410/3-8 rep.) | 4 | | (225 ILCS 410/3A-7 rep.) | 5 | | (225 ILCS 410/3C-9 rep.) | 6 | | (225 ILCS 410/3E-4 rep.) | 7 | | (225 ILCS 410/4-4a rep.) | 8 | | (225 ILCS 410/4-18 rep.) | 9 | | (225 ILCS 410/4-23 rep.) | 10 | | Section 15. The Barber, Cosmetology, Esthetics, Hair | 11 | | Braiding, and Nail
Technology Act of 1985 is amended by | 12 | | repealing Sections 1-9, 2-4a, 3-8, 3A-7, 3C-9, 3E-4, 4-4a, | 13 | | 4-18, and 4-23.
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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