Full Text of SB1674 101st General Assembly
SB1674enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Regulatory Sunset Act is amended by changing | 5 | | Section 4.30 and by adding Section 4.40 as follows: | 6 | | (5 ILCS 80/4.30) | 7 | | Sec. 4.30. Acts repealed on January 1, 2020. The following | 8 | | Acts are repealed on January 1, 2020: | 9 | | The Auction License Act. | 10 | | The Community Association Manager Licensing and | 11 | | Disciplinary Act. | 12 | | The Illinois Architecture Practice Act of 1989. | 13 | | The Illinois Landscape Architecture Act of 1989. | 14 | | The Illinois Professional Land Surveyor Act of 1989. | 15 | | The Orthotics, Prosthetics, and Pedorthics Practice Act. | 16 | | The Perfusionist Practice Act.
| 17 | | The Pharmacy Practice Act. | 18 | | The Professional Engineering Practice Act of 1989. | 19 | | The Real Estate License Act of 2000. | 20 | | The Structural Engineering Practice Act of 1989. | 21 | | (Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17; | 22 | | 100-863, eff. 8-14-18.) |
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| 1 | | (5 ILCS 80/4.40 new) | 2 | | Sec. 4.40. Act repealed on January 1, 2030. The following | 3 | | Act is repealed on January 1, 2030: | 4 | | The Auction License Act. | 5 | | Section 10. The Auction License Act is amended by changing | 6 | | Sections 5-10, 10-5, 10-40, 10-45, 15-5, 15-15, 20-15, 20-43, | 7 | | and 20-56 and by adding Section 10-22 as follows:
| 8 | | (225 ILCS 407/5-10)
| 9 | | (Section scheduled to be repealed on January 1, 2020)
| 10 | | Sec. 5-10. Definitions. As used in this Act:
| 11 | | "Advertisement" means any written, oral, or electronic | 12 | | communication that
contains a promotion, inducement, or offer | 13 | | to conduct an auction or offer to
provide an auction service, | 14 | | including but not limited to brochures, pamphlets,
radio and | 15 | | television scripts, telephone and direct mail solicitations,
| 16 | | electronic media, and other means of promotion.
| 17 | | "Advisory Board" or "Board" means the Auctioneer Advisory | 18 | | Board.
| 19 | | "Associate auctioneer" means a person who conducts an | 20 | | auction, but who is
under the direct supervision of, and is | 21 | | sponsored by, a licensed auctioneer
or auction firm.
| 22 | | "Auction" means the sale or lease of property, real or | 23 | | personal, by means
of exchanges between an auctioneer and | 24 | | prospective
purchasers or lessees, which consists of a series |
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| 1 | | of invitations for offers
made by the auctioneer and offers by | 2 | | prospective
purchasers or lessees for the purpose of obtaining | 3 | | an acceptable offer for
the sale or lease of the property, | 4 | | including the sale or lease of property
via mail, | 5 | | telecommunications, or the Internet.
| 6 | | "Auction contract" means a written agreement between an | 7 | | auctioneer or auction firm and a seller or sellers.
| 8 | | "Auction firm" means any corporation, partnership, or | 9 | | limited liability
company that acts as an auctioneer and | 10 | | provides an auction service.
| 11 | | "Auction school" means any educational institution, public | 12 | | or private,
that which offers a curriculum of auctioneer | 13 | | education and training approved
by the Department.
| 14 | | "Auction service" means the service of arranging, | 15 | | managing, advertising,
or conducting auctions.
| 16 | | "Auctioneer" means a person or entity who, for another, for | 17 | | a fee,
compensation, commission, or any other valuable | 18 | | consideration at auction or
with the intention or expectation | 19 | | of receiving valuable consideration by the
means of or process | 20 | | of an auction or sale at auction or providing an auction
| 21 | | service, offers, negotiates, or attempts to negotiate an | 22 | | auction contract,
sale, purchase, or exchange of goods, | 23 | | chattels, merchandise, personal property,
real property, or | 24 | | any commodity that may be lawfully kept or offered for sale
by | 25 | | or at auction.
| 26 | | "Address of record Record " means the designated address |
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| 1 | | recorded by the Department in the applicant's or licensee's | 2 | | application file or license file maintained by the Department. | 3 | | It is the duty of the applicant or licensee to inform the | 4 | | Department of any change of address, and such changes must be | 5 | | made either through the Department's website or by directly | 6 | | contacting the Department. | 7 | | "Buyer premium" means any fee or compensation paid by the | 8 | | successful purchaser of property sold or leased at or by | 9 | | auction, to the auctioneer, auction firms, seller, lessor, or | 10 | | other party to the transaction, other than the purchase price. | 11 | | "Department" means the Department of Financial and | 12 | | Professional Regulation.
| 13 | | "Division" means the Division of Real Estate within the | 14 | | Department. | 15 | | "Email address of record" means the designated email | 16 | | address recorded by the Department in the applicant's | 17 | | application file or the licensee's license file maintained by | 18 | | the Department's licensure maintenance unit. | 19 | | "Goods" means chattels, movable goods, merchandise, or | 20 | | personal property or
commodities of any form or type that may | 21 | | be lawfully kept or offered for sale.
| 22 | | "Interactive computer service" means any information | 23 | | service, system, or access software provider that provides or | 24 | | enables computer access by multiple users to a computer server, | 25 | | including specifically a service or system that provides access | 26 | | to the Internet. |
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| 1 | | "Internet auction listing service" means a website on the | 2 | | Internet, or other interactive computer service, that is | 3 | | designed to allow or advertise as a means of allowing users to | 4 | | offer personal property or services for sale or lease to a | 5 | | prospective buyer or lessee through an online on-line bid | 6 | | submission process using that website or interactive computer | 7 | | service and that does not examine, set the price, prepare the | 8 | | description of the personal property or service to be offered, | 9 | | or in any way utilize the services of a natural person as an | 10 | | auctioneer. | 11 | | "Licensee" means any person licensed under this Act.
| 12 | | "Managing auctioneer" means any person licensed as an | 13 | | auctioneer who manages
and supervises licensees sponsored by an | 14 | | auction firm or auctioneer .
| 15 | | "Person" means an individual, association, partnership, | 16 | | corporation, or
limited liability company or the officers, | 17 | | directors, or employees of the same.
| 18 | | "Pre-renewal period" means the 24 months prior to the | 19 | | expiration date of a
license issued under this Act.
| 20 | | "Real estate" means real estate as defined in Section 1-10 | 21 | | of the Real Estate License Act of 2000 or its successor Acts. | 22 | | "Secretary" means the Secretary of the Department of | 23 | | Financial and Professional Regulation or his or her designee.
| 24 | | "Sponsoring auctioneer" means the auctioneer or auction | 25 | | firm who has issued a
sponsor card to a licensed auctioneer.
| 26 | | "Sponsor card" means the temporary permit issued by the
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| 1 | | sponsoring auctioneer certifying that the licensee named | 2 | | thereon is employed
by or associated with the sponsoring | 3 | | auctioneer and the sponsoring auctioneer
shall be responsible | 4 | | for the actions of the sponsored licensee.
| 5 | | (Source: P.A. 100-534, eff. 9-22-17.)
| 6 | | (225 ILCS 407/10-5)
| 7 | | (Section scheduled to be repealed on January 1, 2020)
| 8 | | Sec. 10-5. Requirements for auctioneer license; | 9 | | application. Every
person
who desires
to obtain an auctioneer | 10 | | license under this Act shall:
| 11 | | (1) apply to the Department on forms provided by the | 12 | | Department accompanied by the required
fee;
| 13 | | (2) be at least 18 years of age;
| 14 | | (3) have attained a high school diploma or successfully | 15 | | completed an
equivalent
course of study determined by an | 16 | | examination conducted by the Illinois State
Board of | 17 | | Education; and
| 18 | | (4) pass a written examination authorized by the | 19 | | Department to
prove
competence, including but not limited | 20 | | to general knowledge of Illinois and
federal laws | 21 | | pertaining
to personal property contracts, auctions, real | 22 | | property, ethics, and other topics relating to the auction
| 23 | | business . ; and
| 24 | | (5) submit to the Department a properly completed | 25 | | 45-Day Permit Sponsor Card on
forms
provided by the |
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| 1 | | Department.
| 2 | | (Source: P.A. 95-572, eff. 6-1-08 .)
| 3 | | (225 ILCS 407/10-22 new) | 4 | | Sec. 10-22. Address of record; email address of record. All | 5 | | applicants and licensees shall: | 6 | | (1) provide a valid address and email address to the | 7 | | Department, which shall serve as the address of record and | 8 | | email address of record, respectively, at the time of | 9 | | application for licensure or renewal of a license; and | 10 | | (2) inform the Department of any change of address of | 11 | | record or email address of record within 14 days after such | 12 | | change either through the Department's website or by | 13 | | contacting the Department's licensure maintenance unit.
| 14 | | (225 ILCS 407/10-40)
| 15 | | (Section scheduled to be repealed on January 1, 2020) | 16 | | Sec. 10-40. Restoration.
| 17 | | (a) A licensee whose license has lapsed or expired shall | 18 | | have 2 years from
the
expiration date
to restore his or her | 19 | | license without examination. The expired licensee shall
make | 20 | | application to the Department on forms provided by the | 21 | | Department, including a properly completed 45-day
permit | 22 | | sponsor card,
provide evidence of successful completion of 12 | 23 | | hours of approved continuing
education during the
period of | 24 | | time the license had lapsed, and pay all fees and penalties as
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| 1 | | established by
rule.
| 2 | | (b) Notwithstanding any other provisions of this Act to the | 3 | | contrary, any
licensee whose
license under this Act has expired | 4 | | is eligible to restore such license without
paying any lapsed | 5 | | fees
and penalties if provided that the license expired while | 6 | | the licensee was:
| 7 | | (1) on active duty with the United States Army, United | 8 | | States Marine Corps,
United
States Navy, United States Air | 9 | | Force, United States Coast Guard, the State
Militia called | 10 | | into service
or training;
| 11 | | (2) engaged in training or education under the | 12 | | supervision of the United
States
prior
to induction into | 13 | | military service; or
| 14 | | (3) serving as an employee of the Department, while the | 15 | | employee was required to
surrender his or her license due | 16 | | to a possible conflict of interest.
| 17 | | A licensee shall be eligible to restore a license under the | 18 | | provisions of
this subsection for a
period of 2 years following | 19 | | the termination of the service or , education if , or
training by | 20 | | providing a
properly completed application and 45-day permit | 21 | | sponsor card, provided that the termination was
by other than | 22 | | dishonorable discharge and provided that the licensee | 23 | | furnishes
the Department with an
affidavit specifying that the | 24 | | licensee has been so engaged.
| 25 | | (c) At any time after the suspension, revocation, placement | 26 | | on probationary
status, or other
disciplinary action taken |
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| 1 | | under this Act with reference to any license, the Department | 2 | | may restore the
license to the licensee without examination | 3 | | upon the order of the Secretary,
if the licensee
submits a | 4 | | properly completed application and 45-day permit sponsor card , | 5 | | pays the
appropriate fees, and
otherwise complies with the | 6 | | conditions of the order.
| 7 | | (Source: P.A. 95-331, eff. 8-21-07; 95-572, eff. 6-1-08; | 8 | | 96-730, eff. 8-25-09.)
| 9 | | (225 ILCS 407/10-45)
| 10 | | (Section scheduled to be repealed on January 1, 2020)
| 11 | | Sec. 10-45. Nonresident auctioneer reciprocity.
| 12 | | (a) A person holding a license to engage in auctions issued | 13 | | to him or her by
the proper
authority of a state, territory, or | 14 | | possession of the United States of America
or the District of
| 15 | | Columbia that has licensing requirements equal to or | 16 | | substantially equivalent
to the requirements
of this State and | 17 | | that otherwise meets the requirements of this Act may obtain
a | 18 | | license under this
Act without examination if , provided :
| 19 | | (1) that the Department has entered into a valid | 20 | | reciprocal agreement with the
proper
authority of the | 21 | | state, territory, or possession of the United States of
| 22 | | America or the District of
Columbia from which the | 23 | | nonresident applicant has a valid license;
| 24 | | (2) that the applicant provides the Department
with a | 25 | | certificate of good
standing
from the
applicant's state of |
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| 1 | | licensure;
| 2 | | (3) that the applicant completes and submits an | 3 | | application as provided by
the Department;
and
| 4 | | (4) that the applicant pays all applicable fees | 5 | | required under this Act.
| 6 | | (b) A nonresident applicant shall file an irrevocable | 7 | | consent with the Department
that actions may
be commenced | 8 | | against the applicant or nonresident licensee in a court of
| 9 | | competent jurisdiction in
this State by the service of summons, | 10 | | process, or other pleading authorized by
the law upon the | 11 | | Secretary. The consent shall stipulate and agree that service | 12 | | of the
process, summons, or
pleading upon the Secretary shall | 13 | | be taken and held in all courts to be
valid and binding as if
| 14 | | actual service had been made upon the applicant in Illinois. If | 15 | | a summons,
process, or other pleading
is served upon the | 16 | | Secretary, it shall be by duplicate copies, one of which
shall | 17 | | be retained by
the Department and the other immediately | 18 | | forwarded by certified or registered mail or email to
the last | 19 | | known
business address or email address of record of the | 20 | | applicant or nonresident licensee against whom the
summons, | 21 | | process, or other
pleading may be directed.
| 22 | | (Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.)
| 23 | | (225 ILCS 407/15-5)
| 24 | | (Section scheduled to be repealed on January 1, 2020)
| 25 | | Sec. 15-5. Representations. An auctioneer or
auction firm, |
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| 1 | | or
the sponsored licensees, agents, or employees of an | 2 | | auctioneer or auction firm,
conducting an auction
or providing | 3 | | an auction service shall not:
| 4 | | (1) misrepresent a fact material to a purchaser's | 5 | | decision to buy at or by
auction;
| 6 | | (2) predict specific or immediate increases in the | 7 | | value of any item
offered
for sale
at auction; or
| 8 | | (3) materially misrepresent the qualities or | 9 | | characteristics of any item
offered for sale
at auction.
| 10 | | (Source: P.A. 96-730, eff. 8-25-09.)
| 11 | | (225 ILCS 407/15-15)
| 12 | | (Section scheduled to be repealed on January 1, 2020)
| 13 | | Sec. 15-15. Supervisory duties. The sponsoring auctioneer, | 14 | | auction firm ,
and managing
auctioneer shall have the duty and | 15 | | responsibility to supervise, manage, and
control any sponsored
| 16 | | licensee, agent, or employee while conducting an auction or | 17 | | providing an
auction service. Any
violation of this Act by a | 18 | | sponsored licensee, agent, or employee of an a
sponsoring | 19 | | auctioneer, auction
firm , or managing auctioneer shall be | 20 | | deemed to be a violation by the
sponsoring auctioneer, auction
| 21 | | firm , or managing auctioneer as well as by the sponsored | 22 | | licensee, agent, or
employee.
| 23 | | (Source: P.A. 91-603, eff. 1-1-00 .)
| 24 | | (225 ILCS 407/20-15)
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| 1 | | (Section scheduled to be repealed on January 1, 2020)
| 2 | | Sec. 20-15. Disciplinary actions; grounds. The Department | 3 | | may refuse to issue
or renew a
license, may place on probation | 4 | | or administrative supervision, suspend, or
revoke any license | 5 | | or may
reprimand or take other disciplinary or non-disciplinary | 6 | | action as the Department may deem proper, including the | 7 | | imposition of fines not to exceed $10,000 for each violation | 8 | | upon anyone licensed under this Act for any of the following | 9 | | reasons:
| 10 | | (1) False or fraudulent representation or material | 11 | | misstatement in
furnishing
information to the Department | 12 | | in obtaining or seeking to obtain a license.
| 13 | | (2) Violation of any provision of this Act or the rules | 14 | | adopted under promulgated
pursuant
to this
Act.
| 15 | | (3) Conviction of or entry of a plea of guilty or nolo | 16 | | contendere to any crime that is a felony under the laws of | 17 | | the United States or any state or territory thereof, or | 18 | | that is a misdemeanor, an essential element of which is | 19 | | dishonesty,
or
any crime that is directly related to the | 20 | | practice of the profession.
| 21 | | (3.5) Failing to notify the Department of any criminal | 22 | | conviction that occurs during the licensee's term of | 23 | | licensure within 30 days after the conviction. | 24 | | (4) Being adjudged to be a person under legal | 25 | | disability or subject to
involuntary
admission or to meet | 26 | | the standard for judicial admission as provided in the
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| 1 | | Mental Health and
Developmental Disabilities Code.
| 2 | | (5) Discipline of a licensee by another state, the | 3 | | District of Columbia, a
territory of
the United States, a | 4 | | foreign nation, a governmental agency, or any other entity
| 5 | | authorized to impose
discipline if at least one of the | 6 | | grounds for that discipline is the same as or
the | 7 | | equivalent to one of
the grounds for discipline set forth | 8 | | in this Act or for failing to report to
the Department, | 9 | | within 30 days,
any adverse final action taken against the | 10 | | licensee by any other licensing
jurisdiction,
government | 11 | | agency, law enforcement agency, or court, or liability for | 12 | | conduct
that would constitute
grounds for action as set | 13 | | forth in this Act.
| 14 | | (6) Engaging in the practice of auctioneering, | 15 | | conducting an auction, or
providing an
auction service | 16 | | without a license or after the license was expired, | 17 | | revoked,
suspended, or terminated
or while the license was | 18 | | inoperative.
| 19 | | (7) Attempting to subvert or cheat on the auctioneer | 20 | | exam or any
continuing
education exam, or aiding or | 21 | | abetting another to do the same.
| 22 | | (8) Directly or indirectly giving to or receiving from | 23 | | a person, firm,
corporation,
partnership, or association a | 24 | | fee, commission, rebate, or other form of
compensation for | 25 | | professional
service not actually or personally rendered, | 26 | | except that an auctioneer licensed under this Act may |
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| 1 | | receive a fee from another licensed auctioneer from this | 2 | | State or jurisdiction for the referring of a client or | 3 | | prospect for auction services to the licensed auctioneer.
| 4 | | (9) Making any substantial misrepresentation or | 5 | | untruthful advertising.
| 6 | | (10) Making any false promises of a character likely to | 7 | | influence,
persuade,
or
induce.
| 8 | | (11) Pursuing a continued and flagrant course of | 9 | | misrepresentation or the
making of
false promises through a | 10 | | licensee, agent, employee, advertising, or otherwise.
| 11 | | (12) Any misleading or untruthful advertising, or | 12 | | using any trade name or
insignia
of membership in any | 13 | | auctioneer association or organization of which the
| 14 | | licensee is not a member.
| 15 | | (13) Commingling funds of others with his or her own | 16 | | funds or failing to
keep
the
funds of others in an escrow | 17 | | or trustee account.
| 18 | | (14) Failure to account for, remit, or return any | 19 | | moneys, property, or
documents
coming into his or her | 20 | | possession that belong to others, acquired through the
| 21 | | practice of
auctioneering, conducting an auction, or | 22 | | providing an auction service within 30
days of the written
| 23 | | request from the owner of said moneys, property, or | 24 | | documents.
| 25 | | (15) Failure to maintain and deposit into a special | 26 | | account, separate and
apart from
any personal or other |
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| 1 | | business accounts, all moneys belonging to others
| 2 | | entrusted to a licensee while
acting as an auctioneer, | 3 | | associate auctioneer, auction firm, or as a temporary
| 4 | | custodian of the funds
of others.
| 5 | | (16) Failure to make available to Department
personnel | 6 | | during normal business
hours
all
escrow and trustee records | 7 | | and related documents maintained in connection with
the | 8 | | practice of
auctioneering, conducting an auction, or | 9 | | providing an auction service within 24
hours after a | 10 | | request
from Department personnel.
| 11 | | (17) Making or filing false records or reports in his | 12 | | or her practice,
including but not
limited to false records | 13 | | or reports filed with State agencies.
| 14 | | (18) Failing to voluntarily furnish copies of all | 15 | | written instruments
prepared by the
auctioneer and signed | 16 | | by all parties to all parties at the time of execution.
| 17 | | (19) Failing to provide information within 30 days in | 18 | | response to a
written
request
made by the Department.
| 19 | | (20) Engaging in any act that constitutes a violation | 20 | | of Section 2-102,
3-103, or
3-105 of the Illinois Human | 21 | | Rights Act.
| 22 | | (21) (Blank).
| 23 | | (22) Engaging in dishonorable, unethical, or | 24 | | unprofessional conduct of a
character
likely to deceive, | 25 | | defraud, or harm the public.
| 26 | | (23) Offering or advertising real estate for sale or |
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| 1 | | lease at auction
without
a valid
broker or managing | 2 | | broker's license under the Real Estate License Act of 1983, | 3 | | or
any successor Act,
unless exempt from licensure under | 4 | | the terms of the Real Estate License Act of 2000, or any
| 5 | | successor Act, except as provided for in Section 5-32 of | 6 | | the Real Estate License Act of 2000.
| 7 | | (24) Inability to practice the profession with | 8 | | reasonable judgment, skill, or safety as a result of a | 9 | | physical illness, including, but not limited to, | 10 | | deterioration through the aging process or loss of motor | 11 | | skill, or a mental illness or disability. | 12 | | (25) A pattern of practice or other behavior that
| 13 | | demonstrates incapacity or incompetence to practice under | 14 | | this Act. | 15 | | (26) Being named as a perpetrator in an indicated
| 16 | | report by the Department of Children and Family Services | 17 | | under the Abused and Neglected Child Reporting Act and upon | 18 | | proof by clear and convincing evidence that the licensee | 19 | | has caused a child to be an abused child or a neglected | 20 | | child as defined in the Abused and Neglected Child | 21 | | Reporting Act. | 22 | | (27) Inability to practice with reasonable judgment, | 23 | | skill, or safety as a result of habitual or excessive use | 24 | | or addiction to alcohol, narcotics, stimulants, or any | 25 | | other chemical agent or drug. | 26 | | (28) Willfully Wilfully failing to report an instance |
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| 1 | | of
suspected child abuse or neglect as required by the | 2 | | Abused and Neglected Child Reporting Act. | 3 | | The entry of an order by a circuit court establishing that | 4 | | any person holding a license under this Act is subject to | 5 | | involuntary admission or judicial admission, as provided for in | 6 | | the Mental Health and Developmental Disabilities Code, | 7 | | operates as an automatic suspension of that license. That | 8 | | person may have his or her license restored only upon the | 9 | | determination by a circuit court that the patient is no longer | 10 | | subject to involuntary admission or judicial admission and the | 11 | | issuance of an order so finding and discharging the patient and | 12 | | upon the Board's recommendation to the Department that the | 13 | | license be restored. Where circumstances so indicate, the Board | 14 | | may recommend to the Department that it require an examination | 15 | | prior to restoring a suspended license. | 16 | | If the Department or Board finds an individual unable to | 17 | | practice because of the reasons set forth in this Section, the | 18 | | Department or Board may require that individual to submit to | 19 | | care, counseling, or treatment by physicians approved or | 20 | | designated by the Department or Board, as a condition, term, or | 21 | | restriction for continued, reinstated, or renewed licensure to | 22 | | practice; or, in lieu of care, counseling, or treatment, the | 23 | | Department may file, or the Board may recommend to the | 24 | | Department to file, a complaint to immediately suspend, revoke, | 25 | | or otherwise discipline the license of the individual. An | 26 | | individual whose license was granted, continued, reinstated, |
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| 1 | | renewed, disciplined or supervised subject to such terms, | 2 | | conditions, or restrictions, and who fails to comply with such | 3 | | terms, conditions, or restrictions, shall be referred to the | 4 | | Secretary for a determination as to whether the individual | 5 | | shall have his or her license suspended immediately, pending a | 6 | | hearing by the Department. If
In instances in which the | 7 | | Secretary immediately suspends a person's license under this | 8 | | Section, a hearing on that person's license must be convened by | 9 | | the Department within 21 days after the suspension and | 10 | | completed without appreciable delay. The Department and Board | 11 | | shall have the authority to review the subject individual's | 12 | | record of treatment and counseling regarding the impairment to | 13 | | the extent permitted by applicable federal statutes and | 14 | | regulations safeguarding the confidentiality of medical | 15 | | records. | 16 | | An individual licensed under this Act and affected under | 17 | | this Section shall be afforded an opportunity to demonstrate to | 18 | | the Department or Board that he or she can resume practice in | 19 | | compliance with acceptable and prevailing standards under the | 20 | | provisions of his or her license. | 21 | | In enforcing this Section, the Department or Board, upon a | 22 | | showing of a possible violation, may compel an individual | 23 | | licensed to practice under this Act, or who has applied for | 24 | | licensure under this Act, to submit to a mental or physical | 25 | | examination, or both, as required by and at the expense of the | 26 | | Department. The Department or Board may order the examining |
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| 1 | | physician to present testimony concerning the mental or | 2 | | physical examination of the licensee or applicant. No | 3 | | information shall be excluded by reason of any common law or | 4 | | statutory privilege relating to communications between the | 5 | | licensee or applicant and the examining physician. The | 6 | | examining physicians shall be specifically designated by the | 7 | | Board or Department. The individual to be examined may have, at | 8 | | his or her own expense, another physician of his or her choice | 9 | | present during all aspects of this examination. Failure of an | 10 | | individual to submit to a mental or physical examination when | 11 | | directed shall be grounds for suspension of his or her license | 12 | | until the individual submits to the examination, if the | 13 | | Department finds that, after notice and hearing, the refusal to | 14 | | submit to the examination was without reasonable cause.
| 15 | | (Source: P.A. 98-553, eff. 1-1-14.)
| 16 | | (225 ILCS 407/20-43) | 17 | | (Section scheduled to be repealed on January 1, 2020)
| 18 | | Sec. 20-43. Investigations; notice and hearing. The | 19 | | Department may investigate the actions or qualifications of any | 20 | | applicant , unlicensed person, or person rendering or offering | 21 | | to render auction services, or holding or claiming to hold a | 22 | | license as a licensed auctioneer. At least 30 days before any | 23 | | disciplinary hearing under this Act, the Department shall: (i) | 24 | | notify the accused in writing of the charges made and the time | 25 | | and place of the hearing; (ii) direct the accused to file with |
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| 1 | | the Board a written answer under oath to the charges within 20 | 2 | | days of receiving service of the notice; and (iii) inform the | 3 | | accused that if he or she fails to file an answer to the | 4 | | charges within 20 days of receiving service of the notice, a | 5 | | default judgment judgement may be entered against him or her, | 6 | | or his or her license may be suspended, revoked, placed on | 7 | | probationary status, or other disciplinary action taken with | 8 | | regard to the license as the Department may consider proper, | 9 | | including, but not limited to, limiting the scope, nature, or | 10 | | extent of the licensee's practice, or imposing a fine. | 11 | | At the time and place of the hearing fixed in the notice, | 12 | | the Board shall proceed to hear the charges and the accused or | 13 | | his or her counsel shall be accorded ample opportunity to | 14 | | present any pertinent statements, testimony, evidence, and | 15 | | arguments in his or her defense. The Board may continue the | 16 | | hearing when it deems it appropriate. | 17 | | Notice Written notice of the hearing may be served by | 18 | | personal delivery , or by certified mail , or, at the discretion | 19 | | of the Department, by an electronic means to the licensee's | 20 | | last known address or email address of record. to the last | 21 | | known address of record, unless specified as otherwise by the | 22 | | accused in his or her last communication with the Department.
| 23 | | (Source: P.A. 96-730, eff. 8-25-09.) | 24 | | (225 ILCS 407/20-56) | 25 | | (Section scheduled to be repealed on January 1, 2020)
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| 1 | | Sec. 20-56. Board; rehearing. At the conclusion of the | 2 | | hearing, a copy of the Board's report shall be served upon the | 3 | | applicant , or licensee , or unlicensed person by the Department, | 4 | | either personally or as provided in this Act for the service of | 5 | | a notice of hearing. Within 20 days after service, the | 6 | | applicant or licensee may present to the Department a motion in | 7 | | writing for a rehearing, which shall specify the particular | 8 | | grounds for rehearing. The Department may respond to the motion | 9 | | for rehearing within 20 days after its service on the | 10 | | Department. If no motion for rehearing is filed, then upon the | 11 | | expiration of the time specified for filing such a motion, or | 12 | | if a motion for rehearing is denied, then upon denial, the | 13 | | Secretary may enter an order in accordance with recommendations | 14 | | of the Board except as provided in Section 120 of this Act . If | 15 | | the applicant or licensee orders from the reporting service and | 16 | | pays for a transcript of the record within the time for filing | 17 | | a motion for rehearing, the 20-day period within which a motion | 18 | | may be filed shall commence upon the delivery of the transcript | 19 | | to the applicant or licensee.
| 20 | | (Source: P.A. 96-730, eff. 8-25-09.) | 21 | | (225 ILCS 407/10-15a rep.) | 22 | | (225 ILCS 407/10-35 rep.) | 23 | | (225 ILCS 407/20-25 rep.) | 24 | | (225 ILCS 407/20-70 rep.) | 25 | | Section 15. The Auction License Act is amended by repealing |
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| 1 | | Sections 10-15a, 10-35, 20-25, and 20-70.
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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