Full Text of SB1925 096th General Assembly
SB1925enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Regulatory Sunset Act is amended by changing | 5 |
| Section 4.20 and adding Section 4.30 as follows:
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| (5 ILCS 80/4.20)
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| Sec. 4.20. Acts repealed on January 1, 2010 and December | 8 |
| 31, 2010.
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| (a) The following Acts are repealed on January 1, 2010:
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| The Auction License Act.
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| The Illinois Architecture Practice Act of 1989.
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| The Illinois Landscape Architecture Act of 1989.
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| The Illinois Professional Land Surveyor Act of 1989.
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| The Land Sales Registration Act of 1999.
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| The Orthotics, Prosthetics, and Pedorthics Practice | 16 |
| Act.
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| The Perfusionist Practice Act.
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| The Professional Engineering Practice Act of 1989.
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| The Real Estate License Act of 2000.
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| The Structural Engineering Practice Act of 1989.
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| (b) The following Act is repealed on December 31, 2010: | 22 |
| The Medical Practice Act of 1987. | 23 |
| (Source: P.A. 95-1018, eff. 12-18-08.)
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| (5 ILCS 80/4.30 new) | 2 |
| Sec. 4.30. Acts repealed on January 1, 2020. The following | 3 |
| Acts are repealed on January 1, 2020: | 4 |
| The Auction License Act. | 5 |
| The Illinois Landscape Architecture Act of 1989. | 6 |
| Section 10. The Illinois Landscape Architecture Act of 1989 | 7 |
| is amended by changing Sections 1, 3, 4, 5, 6, 7, 8, 9, 11, 13, | 8 |
| 15, 16, 17, 18, 18.1, 19, 21, 22.1, 23, 24, 25, 28, and 31 and | 9 |
| by adding Sections 3.5, 6.5, 11.5, and 12.5 as follows:
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| (225 ILCS 315/1) (from Ch. 111, par. 8101)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 1. Purpose. It is the purpose of this Act to provide | 13 |
| for the
licensure registration of landscape architects.
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| (Source: P.A. 86-932.)
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| (225 ILCS 315/3) (from Ch. 111, par. 8103)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 3. Definitions. As used in this Act:
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| (a) "Board" means the Illinois Landscape Architect | 19 |
| Registration Board.
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| (b) "Department" means the Illinois Department of | 21 |
| Financial and Professional Regulation.
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| (c) " Secretary Director " means the Secretary Director of |
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| Financial and Professional Regulation.
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| (d) "Landscape Architect" or "Landscape Architect Design | 3 |
| Professional" means a person who, based on education,
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| experience, and examination or both in the field of landscape | 5 |
| architecture, is licensed eligible to
register under this Act.
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| (e) "Landscape Architecture" means the art and science of | 7 |
| arranging land,
together with the spaces and objects upon it, | 8 |
| for the purpose of creating a
safe, efficient, healthful, and | 9 |
| aesthetically pleasing physical environment
for human use and | 10 |
| enjoyment , as performed by landscape architects .
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| (f) "Landscape Architectural Practice" means the offering | 12 |
| or furnishing
of professional services in connection with a | 13 |
| landscape architecture
project that do not require the seal of | 14 |
| an architect, land surveyor, professional engineer, or | 15 |
| structural engineer. Such services may include including , but | 16 |
| are not limited to, providing preliminary studies;
developing | 17 |
| design concepts; planning for the relationships of physical
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| improvements and intended uses of the site; establishing form | 19 |
| and aesthetic
elements; analyzing and providing for life safety | 20 |
| requirements; developing
those construction details on the | 21 |
| site which are exclusive of any building
or structure and do | 22 |
| not require the seal of an engineer, architect, or
structural | 23 |
| engineer ; preparing and coordinating technical submissions; | 24 |
| and
conducting site observation of a landscape architecture | 25 |
| project.
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| (g) "Person" means any person, sole proprietorship, or |
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| entity such as a
partnership, professional service | 2 |
| corporation, or corporation.
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| (Source: P.A. 86-932.)
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| (225 ILCS 315/3.5 new) | 5 |
| (Section scheduled to be repealed on January 1, 2010) | 6 |
| Sec. 3.5. References. | 7 |
| (a) References in this Act (i) to the Department of | 8 |
| Professional Regulation are deemed, in appropriate contexts, | 9 |
| to be references to the Department of Financial and | 10 |
| Professional Regulation and (ii) to the Director of | 11 |
| Professional Regulation are deemed, in appropriate contexts, | 12 |
| to be references to the Secretary of Financial and Professional | 13 |
| Regulation. | 14 |
| (b) References to registration in the rules promulgated | 15 |
| pursuant to this Act shall be deemed, in appropriate contexts, | 16 |
| to be references to licensure.
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| (225 ILCS 315/4) (from Ch. 111, par. 8104)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 4. Use of title. No After the effective date of this | 20 |
| Act, no person may represent
himself to be a landscape | 21 |
| architect , or use the title "landscape architect",
"registered | 22 |
| landscape architect", "licensed landscape architect", | 23 |
| "landscape architect design professional", or any other title | 24 |
| which includes the
words "landscape architect" or "landscape |
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| architecture" , unless licensed registered under this Act.
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| (Source: P.A. 86-932.)
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| (225 ILCS 315/5) (from Ch. 111, par. 8105)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 5. Practice without license. Nothing in this Act | 6 |
| prevents any person from being engaged in
the practice of | 7 |
| landscape architecture so long as he or she does not represent
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| himself or herself as, or use the titles of, "landscape | 9 |
| architect" , or "registered
landscape architect" , "licensed | 10 |
| landscape architect", "landscape architecture", "landscape | 11 |
| architect design professional", or "landscape architecture | 12 |
| design professional" .
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| (Source: P.A. 86-932.)
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| (225 ILCS 315/6) (from Ch. 111, par. 8106)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 6. Issuance of Certificate. Whenever an applicant for
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| licensure registration has complied with the provisions of | 18 |
| Section 11 of this Act,
the Department shall issue a | 19 |
| certificate
of licensure registration to the applicant as a | 20 |
| licensed registered landscape architect subject
to the | 21 |
| provisions of this Act.
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| (Source: P.A. 86-932.)
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| (225 ILCS 315/6.5 new) |
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| (Section scheduled to be repealed on January 1, 2010) | 2 |
| Sec. 6.5. Display of license; seal. | 3 |
| (a) Every holder of a landscape architect license shall | 4 |
| display his or her certificate of licensure in a conspicuous | 5 |
| place in his or her principal office. A certificate of | 6 |
| registration issued under this Act that is in good standing on | 7 |
| the effective date of this amendatory Act of the 96th General | 8 |
| Assembly shall be deemed to be a certificate of licensure and | 9 |
| the Department shall not be required to issue a new certificate | 10 |
| of licensure to replace it. | 11 |
| (b) Every landscape architect shall have a seal, approved | 12 |
| by the Department and the Board, which shall contain the name | 13 |
| of the landscape architect, the number of his or her license, | 14 |
| and the legend "Landscape Architect, State of Illinois" and | 15 |
| other words or figures as the Department deems necessary. | 16 |
| Plans, specifications, and reports related to landscape | 17 |
| architectural practice and prepared by the landscape | 18 |
| architect, or under his or her supervision, shall be stamped | 19 |
| with his or her seal when filed. Notwithstanding the | 20 |
| requirements of this Section, an architect, land surveyor, | 21 |
| professional engineer, or structural engineer shall be | 22 |
| permitted to affix his or her professional seal or stamp to any | 23 |
| plans, specifications, and reports prepared by or under his or | 24 |
| her responsible control in connection with the incidental | 25 |
| practice of landscape architecture. | 26 |
| (c) A landscape architect who endorses a document with his |
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| or her seal while his or her license is suspended, expired, or | 2 |
| has been revoked, who has been placed on probation or inactive | 3 |
| status, or who endorses a document that the landscape architect | 4 |
| did not actually prepare or supervise the preparation of, is | 5 |
| subject to the penalties prescribed in Section 18.1.
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| (225 ILCS 315/7) (from Ch. 111, par. 8107)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 7. Current Address of Record . Every landscape
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| architect shall maintain a current address with the Department.
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| It is the duty of every applicant or licensee to inform the | 11 |
| Department of any change of address, and such changes must be | 12 |
| made either through the Department's website or by directly | 13 |
| contacting the Department shall be the responsibility of the | 14 |
| registrant to notify the Department in
writing of any change of | 15 |
| address .
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| (Source: P.A. 91-255, eff. 12-30-99.)
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| (225 ILCS 315/8) (from Ch. 111, par. 8108)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 8. Powers and Duties of the Department.
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| (a) The Department shall exercise the powers and duties | 21 |
| prescribed by the
Civil Administrative Code of Illinois for the | 22 |
| administration of licensing
acts and shall exercise such other | 23 |
| powers and duties vested by this Act.
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| (b) The Department shall promulgate rules and regulations |
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| consistent
with the provisions of this Act for the | 2 |
| administration and enforcement
thereof which shall include | 3 |
| standards and criteria for licensure registration and
for the | 4 |
| payment of fees connected therewith.
The Department shall | 5 |
| prescribe forms required for the administration of this Act.
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| (c) The Department shall consult the Landscape | 7 |
| Architecture Board in
promulgating rules and
regulations. | 8 |
| Notice of proposed rulemaking shall be transmitted to the
Board | 9 |
| and the Department shall review the Board's response and any
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| recommendations made therein. The Department shall notify the | 11 |
| Board in
writing of the explanation for any deviations from the | 12 |
| Board's
recommendations and response.
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| (d) The Department may at any time seek the advice and the | 14 |
| expert
knowledge of the Board on any matter relating to the | 15 |
| administration of this Act.
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| (e) The Department shall issue a quarterly report to the | 17 |
| Board setting
forth the status of all complaints received by | 18 |
| the Department related to
the landscape architectural | 19 |
| architecture practice.
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| (f) The Department shall maintain membership and | 21 |
| representation in the national body composed of state licensing | 22 |
| and testing boards for landscape architects. | 23 |
| (Source: P.A. 86-932.)
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| (225 ILCS 315/9) (from Ch. 111, par. 8109)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 9. Composition, qualification, and terms of Board.
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| (a) The Secretary Director shall appoint a Board consisting | 3 |
| of 5 persons
who are residents of the State of Illinois and who | 4 |
| shall be appointed by
and shall serve in an advisory capacity | 5 |
| to the Secretary Director . Four persons
shall be individuals | 6 |
| experienced in landscape architectural work who would
qualify | 7 |
| upon application to the Department under the provisions of this | 8 |
| Act
to be licensed registered landscape architects, one of whom | 9 |
| shall be a tenured member
of the landscape architecture faculty | 10 |
| of a university located within this State that maintains an | 11 |
| accredited school of landscape architecture the University of | 12 |
| Illinois and 3
of whom shall have engaged in landscape | 13 |
| architectural work for at least 5
years. The fifth person shall | 14 |
| be a public member, not an employee of the
State of Illinois, | 15 |
| who is not licensed or registered under this Act or a similar | 16 |
| Act of
another jurisdiction. The public member may not be | 17 |
| elected or appointed as
chairman of the Board or serve in such | 18 |
| capacity in any other manner.
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| (b) Members of the Board shall serve 5 year terms and until | 20 |
| their
successors are appointed and qualified. No member shall | 21 |
| be
reappointed to the Board for a term which would cause that | 22 |
| member's
cumulative service on the Board to be longer than 10 | 23 |
| years.
No member who is an initial appointment to the Board | 24 |
| shall be reappointed
to the Board for a term which would cause | 25 |
| that member's cumulative service
on the Board to be longer than | 26 |
| 13 years. Appointments
to fill vacancies shall be made in the |
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| same manner as original appointments
for the unexpired portion | 2 |
| of the vacated term. Initial terms shall begin
upon the | 3 |
| effective date of this Act.
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| (c) The Secretary Director may remove any member of the | 5 |
| Board for cause, which may
include without limitation a member | 6 |
| who does not attend 2 consecutive
meetings.
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| (d) The Secretary Director shall consider the | 8 |
| recommendations of the Board on
questions involving standards | 9 |
| of professional conduct, discipline, and
qualifications of | 10 |
| applicants candidates and licensees registrants under this | 11 |
| Act.
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| (e) Three members A quorum of the Board shall constitute a | 13 |
| quorum consist of a majority of members currently
appointed . A | 14 |
| majority vote of the quorum is required for Board board | 15 |
| decisions.
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| (f) The Board shall annually elect a chairperson and vice | 17 |
| chairperson, both
of whom shall be licensed landscape | 18 |
| architects.
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| (Source: P.A. 91-255, eff. 12-30-99.)
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| (225 ILCS 315/11) (from Ch. 111, par. 8111)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 11. Licensure Registration Qualifications.
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| (a) Every person applying to the Department for licensure | 24 |
| registration shall do so
on forms approved by the Department | 25 |
| and shall pay the required fee. Every
person applying to the |
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| Department for licensure registration
shall submit, with his | 2 |
| application, satisfactory evidence that the person
holds an | 3 |
| approved professional degree in landscape architecture from an
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| approved and accredited program, as such terms are defined by | 5 |
| the rules and
regulations of the Department, and that he has | 6 |
| had such practical
experience in landscape architectural work | 7 |
| as shall be required by the
rules and regulations of the | 8 |
| Department. Every In lieu of evidence of any
approved | 9 |
| professional degree in landscape architecture, the applicant | 10 |
| may
submit satisfactory evidence of such other education or | 11 |
| experience as shall
be required by the rules and regulations of | 12 |
| the Department; provided,
however, that after January 1, 1993 | 13 |
| every applicant for initial licensure registration
must have an
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| approved professional degree.
If an applicant is qualified the | 15 |
| Department shall,
by means of a written examination, examine | 16 |
| the applicant on such technical
and professional subjects as | 17 |
| shall be required by the rules and regulations
of the | 18 |
| Department.
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| (b) The Department may exempt from such written examination | 20 |
| an applicant
who holds a certificate of qualification issued by | 21 |
| the National Council of
Landscape Architecture Registration | 22 |
| Boards, or who holds a registration or license in
another state | 23 |
| which has equivalent or substantially equivalent requirements
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| as the State of Illinois.
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| (c) The Department shall adopt rules determining | 26 |
| requirements for practical training and
education. The |
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| Department may also adopt the examinations and recommended
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| grading procedures of the National
Council of Landscape | 3 |
| Architectural Registration Boards and the
accreditation | 4 |
| procedures of the Landscape Architectural Accrediting Board.
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| The Department shall issue a certificate of licensure | 6 |
| registration to each applicant who satisfies
the requirements | 7 |
| set forth in this Section. Such licensure registration shall be
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| effective upon issuance.
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| (d) If an applicant neglects, fails without an approved | 10 |
| excuse, or
refuses to take an examination or fails to pass an | 11 |
| examination to obtain a
certificate of licensure registration | 12 |
| under this Act within 3 years after filing the
application, the | 13 |
| application shall be denied. However, such applicant may
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| thereafter submit a new application accompanied by the required | 15 |
| fee.
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| (e) For a period of 2 years after the effective date of | 17 |
| this amendatory Act of the 96th General Assembly, persons | 18 |
| demonstrating to the Department that they have been engaged in | 19 |
| landscape architectural practice for a period of 10 years and | 20 |
| have an accredited degree and license in urban or regional | 21 |
| planning, architecture, or civil engineering are eligible to | 22 |
| achieve licensure through examination. Any person who has been | 23 |
| engaged in the practice of landscape
architecture prior to the | 24 |
| effective date of this Act, shall, upon
application within 2 | 25 |
| years from the effective date of this Act and upon
payment of | 26 |
| the required current registration fee and application fee, be
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| issued registration without examination upon furnishing to the | 2 |
| Department
satisfactory proof that he was so engaged prior to | 3 |
| such date. The
Director, through the Board, shall accept as | 4 |
| satisfactory evidence of the
competency and qualifications of | 5 |
| the applicant for registration the following:
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| (1) A diploma of graduation or satisfactory completion | 7 |
| certificate
from a college, school, or university offering | 8 |
| an accredited program in
landscape architecture, together | 9 |
| with evidence of at least 2 years of actual,
practical
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| experience in landscape architectural work of a grade and | 11 |
| character
acceptable to the Board; or
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| (2) Evidence that the applicant has a total of at least | 13 |
| 7 years of actual,
practical
experience in landscape | 14 |
| architectural work of a grade and character
acceptable to | 15 |
| the Board and has been actually engaged in the active
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| practice of landscape architecture for not less than 4 | 17 |
| years
immediately prior to the effective date of this Act.
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| (Source: P.A. 91-255, eff. 12-30-99.)
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| (225 ILCS 315/11.5 new) | 20 |
| (Section scheduled to be repealed on January 1, 2010) | 21 |
| Sec. 11.5. Professional liability. | 22 |
| (a) Any individual licensed under this Act as a landscape | 23 |
| architect is liable for his or her negligent or willful acts, | 24 |
| errors, and omissions and any shareholder, member, or partner | 25 |
| of any entity that provides landscape architecture services |
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| through an individual licensed under this Act is liable for the | 2 |
| negligent or willful acts, errors, and omissions of the | 3 |
| employees, members, and partners of the entity. Eligible claims | 4 |
| of liability may be covered under a qualifying policy of | 5 |
| professional liability insurance, as set forth in subsection | 6 |
| (b) of this Section, maintained by an individual or entity. | 7 |
| (b) A qualifying policy of professional liability | 8 |
| insurance must insure an individual or entity against liability | 9 |
| imposed upon it by law for damages arising out of the negligent | 10 |
| acts, errors, and omissions of the individual or of the | 11 |
| licensed and unlicensed employees, members, and partners of the | 12 |
| entity.
The policy may exclude coverage of the following: | 13 |
| (1) a dishonest, fraudulent, criminal, or malicious | 14 |
| act or omission of the insured individual or entity or any | 15 |
| stockholder, employee, member, or partner of the insured | 16 |
| entity; | 17 |
| (2) the conducting of a business enterprise that is not | 18 |
| landscape architectural practice by the insured individual | 19 |
| or entity; | 20 |
| (3) the conducting of a business enterprise in which | 21 |
| the insured individual or entity may be a partner or that | 22 |
| may be controlled, operated, or managed by the individual | 23 |
| or entity in its own or in a fiduciary capacity, including | 24 |
| without limitation the ownership, maintenance, or use of | 25 |
| property; | 26 |
| (4) bodily injury, sickness, disease, or death of a |
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| person; or | 2 |
| (5) damage to or destruction of tangible property owned | 3 |
| by the insured individual or entity. | 4 |
| The policy may include any other reasonable provisions with | 5 |
| respect to policy periods, territory, claims, conditions, and | 6 |
| ministerial matters. | 7 |
| (225 ILCS 315/12.5 new) | 8 |
| (Section scheduled to be repealed on January 1, 2010) | 9 |
| Sec. 12.5. Continuing education. The Department may adopt | 10 |
| rules of continuing education for persons licensed under this | 11 |
| Act. The Department shall consider the recommendations of the | 12 |
| Board in establishing the guidelines for the continuing | 13 |
| education requirements. Rules adopted under this Section apply | 14 |
| to any person seeking renewal or restoration of licensure under | 15 |
| this Act. The continuing education shall consist of at least 6 | 16 |
| hours per year and may include relevant courses offered in | 17 |
| various formats or mediums.
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| (225 ILCS 315/13) (from Ch. 111, par. 8113)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 13. Inactive Status.
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| (a) Any landscape architect who notifies the Department in | 22 |
| writing on
forms prescribed by the Department may elect to | 23 |
| place
his or her license registration on an inactive status and | 24 |
| shall be excused from payment of
renewal fees until he or she |
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| notifies the Department in writing of his or her desire to
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| resume active status.
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| (b) Any person whose license has been expired for more than | 4 |
| 3 years may have
his or her license restored by making | 5 |
| application to the Department and filing
proof acceptable to | 6 |
| the Department of his or her fitness to have his or her license
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| restored, including evidence certifying to active practice in | 8 |
| another
jurisdiction, and by paying the required restoration | 9 |
| fee.
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| (c) Any landscape architect whose license registration is | 11 |
| in an inactive status,
has been suspended or revoked, or has | 12 |
| expired shall not represent himself
or herself to be a | 13 |
| landscape architect or use the title "landscape architect",
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| "registered landscape architect", "licensed landscape | 15 |
| architect", or any other title which includes the
words | 16 |
| "landscape architect" or "landscape architecture" .
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| (Source: P.A. 86-932.)
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| (225 ILCS 315/15) (from Ch. 111, par. 8115)
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| (Section scheduled to be repealed on January 1, 2010)
| 20 |
| Sec. 15. Disposition of funds. All of the fees collected | 21 |
| pursuant
to this Act shall be deposited in the General | 22 |
| Professions Dedicated Fund.
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| On January 1, 2000 the State Comptroller shall transfer the | 24 |
| balance of the
monies in the Landscape Architects' | 25 |
| Administration and Investigation Fund into
the General |
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| Professions Dedicated Fund. Amounts appropriated for fiscal | 2 |
| year
2000 out of the Landscape Architects' Administration and | 3 |
| Investigation Fund may
be paid out of the General Professions | 4 |
| Dedicated Fund.
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| The monies deposited in the General Professions Dedicated
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| Fund may be used for the expenses of the Department in the
| 7 |
| administration of this Act.
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| Moneys from the Fund may also be used for direct and | 9 |
| allocable indirect
costs related to the public purposes of the | 10 |
| Department of Financial and Professional
Regulation. Moneys in | 11 |
| the Fund may be transferred to the Professions
Indirect Cost | 12 |
| Fund as authorized by Section 2105-300 of the Department
of | 13 |
| Professional Regulation Law (20 ILCS 2105/2105-300).
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| (Source: P.A. 91-239, eff. 1-1-00; 91-255, eff. 12-30-99; | 15 |
| 92-16, eff.
6-28-01.)
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| (225 ILCS 315/16) (from Ch. 111, par. 8116)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 16. Roster. The Department shall maintain a roster of | 19 |
| the names and
addresses of all licensed registered landscape | 20 |
| architects. This roster
shall be available upon written request | 21 |
| and payment of the required fee.
| 22 |
| (Source: P.A. 86-932.)
| 23 |
| (225 ILCS 315/17) (from Ch. 111, par. 8117)
| 24 |
| (Section scheduled to be repealed on January 1, 2010)
|
|
|
|
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LRB096 11242 ASK 21653 b |
|
| 1 |
| Sec. 17. Advertising. Any person licensed registered under | 2 |
| this Act may
advertise the availability of professional | 3 |
| services in the public media or
on the premises where such | 4 |
| professional services are rendered provided that
such | 5 |
| advertising is truthful and not misleading.
| 6 |
| (Source: P.A. 86-932.)
| 7 |
| (225 ILCS 315/18) (from Ch. 111, par. 8118)
| 8 |
| (Section scheduled to be repealed on January 1, 2010)
| 9 |
| Sec. 18. Violation; injunction; cease and desist order. | 10 |
| (a) If any
person violates the
provisions of this Act, the | 11 |
| Secretary Director may, in the name of the People of the
State | 12 |
| of Illinois, through the Attorney General of the State of | 13 |
| Illinois
or the State's Attorney of any county in which the | 14 |
| action is brought, petition
for an order enjoining such | 15 |
| violation and for an order enforcing compliance
with this Act. | 16 |
| Upon the filing of a verified petition in court, the court
may | 17 |
| issue a temporary restraining order, without notice or bond, | 18 |
| and may
preliminarily and permanently enjoin
such violation. If | 19 |
| it is established that such person has violated or
is violating | 20 |
| the injunction, the Court may punish the offender for contempt
| 21 |
| of court. Proceedings under this Section shall be in addition | 22 |
| to, and not
in lieu of, all other remedies and penalties | 23 |
| provided by this Act.
| 24 |
| (b) If any person shall hold himself or herself out as a | 25 |
| "landscape architect" , "licensed landscape architect", or
|
|
|
|
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LRB096 11242 ASK 21653 b |
|
| 1 |
| "registered landscape architect" , or use any other title that | 2 |
| includes the words "landscape architect" or "landscape | 3 |
| architecture" without being licensed registered under the
| 4 |
| provisions of this Act, then any licensed registered landscape | 5 |
| architect, any
interested party or any person injured thereby | 6 |
| may, in addition to the Secretary
Director , petition for relief | 7 |
| as provided in subsection (a) of this Section.
| 8 |
| (c) Whoever holds himself or herself out as a "landscape | 9 |
| architect" , "licensed landscape architect", or a "registered
| 10 |
| landscape architect" , or uses any other title that includes the | 11 |
| words "landscape architect" or "landscape architecture"
in | 12 |
| this State without being licensed under this Act registered for | 13 |
| that purpose shall be guilty of
a Class A misdemeanor, and for | 14 |
| each subsequent conviction shall be guilty
of a Class 4 felony.
| 15 |
| (d) Whenever, in the opinion of the Department, a person | 16 |
| violates any
provision of this Act, the Department may issue a | 17 |
| rule to show cause why an
order to cease and desist should not | 18 |
| be entered against that person. The rule
shall clearly set | 19 |
| forth the grounds relied upon by the Department and shall
allow | 20 |
| the person at least 7 days from the date of the rule to file an | 21 |
| answer
that is satisfactory
to the Department. Failure to | 22 |
| answer to the satisfaction of the Department
shall cause an | 23 |
| order to cease and desist to be issued.
| 24 |
| (Source: P.A. 88-363.)
| 25 |
| (225 ILCS 315/18.1)
|
|
|
|
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LRB096 11242 ASK 21653 b |
|
| 1 |
| (Section scheduled to be repealed on January 1, 2010)
| 2 |
| Sec. 18.1. Grounds for Discipline.
| 3 |
| (a) The Department may refuse to issue or to , renew, or may | 4 |
| revoke, suspend, place
on probation, reprimand, or take other | 5 |
| disciplinary or non-disciplinary action as deemed appropriate | 6 |
| including the impositions of fines the Department
considers | 7 |
| appropriate, including the issuance of fines not to exceed | 8 |
| $10,000 $1,000 for
each violation, as the Department may deem | 9 |
| proper with regard to any license for any one or combination | 10 |
| more of the
following:
| 11 |
| (1) Material misstatement in furnishing information to | 12 |
| the Department or
to any other State agency.
| 13 |
| (2) Negligent or intentional disregard of this Act, or | 14 |
| violation of any
rules under this Act.
| 15 |
| (3) Conviction of or plea of guilty or nolo contendere | 16 |
| to any crime under the laws of the United States or any
| 17 |
| state or territory thereof that is a felony, or that is a | 18 |
| misdemeanor, an
essential element of which is dishonesty, | 19 |
| or of any crime that is directly
related to the practice of | 20 |
| the profession.
| 21 |
| (4) Making any misrepresentation for the purpose of | 22 |
| obtaining a license,
or violating any provision of this Act | 23 |
| or its rules.
| 24 |
| (5) Professional incompetence or gross negligence in | 25 |
| the rendering of
landscape architectural services.
| 26 |
| (6) Aiding or assisting another person in violating any |
|
|
|
SB1925 Enrolled |
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LRB096 11242 ASK 21653 b |
|
| 1 |
| provision of this
Act or any rules.
| 2 |
| (7) Failing to provide information within 60 days in | 3 |
| response to a written
request made by the Department.
| 4 |
| (8) Engaging in dishonorable, unethical, or | 5 |
| unprofessional conduct of a
character likely to deceive, | 6 |
| defraud, or harm the public and violating the
rules of | 7 |
| professional conduct adopted by the Department.
| 8 |
| (9) Habitual or excessive use or addiction to alcohol, | 9 |
| narcotics,
stimulants, or any other chemical agent or drug | 10 |
| that results in an inability to
practice with reasonable | 11 |
| skill, judgment, or safety.
| 12 |
| (10) Discipline by another jurisdiction, if at least | 13 |
| one of the grounds
for the discipline is the same or | 14 |
| substantially equivalent to those set forth
in this | 15 |
| Section.
| 16 |
| (11) Directly or indirectly giving to or receiving from | 17 |
| any person, firm,
corporation, partnership, or association | 18 |
| any fee, commission, rebate, or other
form of compensation | 19 |
| for any professional service not actually rendered.
| 20 |
| (12) A finding by the Board that the licensee, after | 21 |
| having the license
placed on probationary status, has | 22 |
| violated the terms of probation.
| 23 |
| (12.5) A finding by the Board that the licensee has | 24 |
| failed to pay a fine
imposed by the Department.
| 25 |
| (13) Abandonment of a client.
| 26 |
| (14) Willfully filing false reports relating to a |
|
|
|
SB1925 Enrolled |
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LRB096 11242 ASK 21653 b |
|
| 1 |
| licensee's practice,
including but not limited to, false | 2 |
| records filed with federal or State
agencies
or | 3 |
| departments.
| 4 |
| (15) Being named as a perpetrator in an indicated | 5 |
| report by the Department
of Children and Family Services | 6 |
| under the Abused and Neglected Child
Reporting Act, and | 7 |
| upon proof by clear and convincing evidence that the
| 8 |
| licensee has caused a child to be an abused child or | 9 |
| neglected child as defined
in the Abused and Neglected | 10 |
| Child Reporting Act.
| 11 |
| (16) Physical or mental disability, including | 12 |
| deterioration through the
aging process or loss of | 13 |
| abilities and skills that results in the inability to
| 14 |
| practice the profession with reasonable judgment, skill, | 15 |
| or safety.
| 16 |
| (17) Solicitation of professional services by using | 17 |
| false or misleading
advertising.
| 18 |
| (18) Failure to file a return, or to pay the tax, | 19 |
| penalty, or interest
shown in a filed return, or to pay any | 20 |
| final assessment of tax, penalty, or
interest, as required | 21 |
| by any tax Act administered by the Illinois Department of
| 22 |
| Revenue or any successor agency or the Internal Revenue | 23 |
| Service or any
successor agency.
| 24 |
| (b) Any fines imposed under this Section shall not exceed | 25 |
| $10,000 $1,000 for each
violation.
| 26 |
| (c) The determination by a court that a licensee is subject |
|
|
|
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LRB096 11242 ASK 21653 b |
|
| 1 |
| to involuntary
admission or judicial admission as provided in | 2 |
| the Mental Health and
Developmental Disabilities Code will | 3 |
| result in an automatic suspension of his
or her license. The | 4 |
| suspension will end upon a finding by a court that the
licensee | 5 |
| is no longer subject to involuntary admission or judicial | 6 |
| admission,
the issuance of an order so finding and discharging | 7 |
| the patient, and the
recommendation of the Board to the | 8 |
| Secretary Director that the licensee be allowed to
resume | 9 |
| professional practice.
| 10 |
| (d) In enforcing this Section, the Board, upon a showing of | 11 |
| a possible
violation, may compel a person licensed registered | 12 |
| under this Act or who has
applied for licensure registration | 13 |
| pursuant to this Act to submit to a
mental or physical | 14 |
| examination, or both, as required by and at the expense of
the | 15 |
| Department. The examining physicians shall be those | 16 |
| specifically
designated by the Board. The Board or the | 17 |
| Department may order the examining
physician to present | 18 |
| testimony concerning this mental or physical examination
of the | 19 |
| licensee registrant or applicant. No information shall be | 20 |
| excluded by reason of
any common law or statutory privilege | 21 |
| relating to communications between the licensee
registrant or | 22 |
| applicant and the examining physician. The person to be
| 23 |
| examined
may
have, at his or her own expense, another physician | 24 |
| of his or her choice present
during all aspects of the | 25 |
| examination. Failure of any person to submit to a
mental or | 26 |
| physical examination when directed shall be grounds for |
|
|
|
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LRB096 11242 ASK 21653 b |
|
| 1 |
| suspension
of a license registration until the person submits | 2 |
| to the examination if the Board
finds,
after notice and | 3 |
| hearing, that the refusal to submit to the examination was
| 4 |
| without reasonable cause.
| 5 |
| If the Board finds a person unable to practice because of | 6 |
| the reasons set
forth in this Section, the Board may require | 7 |
| that person to submit to care,
counseling, or treatment by | 8 |
| physicians approved or designated by the Board as
a condition, | 9 |
| term, or restriction for continued, reinstated, or renewed | 10 |
| licensure
registration ; or, in lieu of care, counseling, or | 11 |
| treatment, the Board
may recommend that the Department file a | 12 |
| complaint to immediately suspend,
revoke, or otherwise | 13 |
| discipline the license registration of the person. Any person
| 14 |
| whose license
registration was granted, continued, reinstated, | 15 |
| renewed, disciplined, or
supervised
subject to such terms, | 16 |
| conditions, or restrictions and who fails to comply
with such | 17 |
| terms, conditions, or restrictions shall be referred to the | 18 |
| Secretary Director
for a determination as to whether the person | 19 |
| shall have his or her license registration
suspended | 20 |
| immediately, pending a hearing by the Board.
| 21 |
| (Source: P.A. 91-255, eff. 12-30-99.)
| 22 |
| (225 ILCS 315/19) (from Ch. 111, par. 8119)
| 23 |
| (Section scheduled to be repealed on January 1, 2010)
| 24 |
| Sec. 19. Investigation; notice and hearing. The Department | 25 |
| may
investigate the actions or qualifications of any applicant |
|
|
|
SB1925 Enrolled |
- 25 - |
LRB096 11242 ASK 21653 b |
|
| 1 |
| or person
holding or claiming to hold a license certificate of | 2 |
| registration . The Department
shall, before suspending or | 3 |
| revoking, placing on probation, reprimanding, or
taking any | 4 |
| other disciplinary action under Section 18.1 of this Act, at
| 5 |
| least 30 days before the
date set for the hearing, notify the | 6 |
| applicant or licensee holder of a certificate of
registration | 7 |
| in writing
of the nature of the
charges
and that a hearing will | 8 |
| be held on the date designated. The
written
notice may be | 9 |
| served by personal delivery or certified or registered mail
to | 10 |
| the
applicant or licensee at the address of record with his | 11 |
| last
notification to the Department.
The Department shall | 12 |
| direct the applicant or licensee to file a written
answer with
| 13 |
| the Department, under oath, within 20 days after the service of | 14 |
| the notice, and
inform the person that if he or she fails to | 15 |
| file an answer, his or her license
may be revoked, suspended, | 16 |
| placed on probation, reprimanded, or the Department
may take | 17 |
| any other additional disciplinary action including the | 18 |
| issuance of
fines, not to exceed $10,000 $1,000 for each | 19 |
| violation, as the Department may consider
necessary, without a | 20 |
| hearing. At the time and place fixed in the notice, the
Board | 21 |
| shall proceed to hear the charges and the parties or their | 22 |
| counsel. All
parties shall
be accorded an opportunity to | 23 |
| present any statements, testimony, evidence,
and arguments as | 24 |
| may be pertinent to the charges or to their defense. The
Board | 25 |
| may continue the hearing from time to time.
| 26 |
| (Source: P.A. 87-1031; 88-363.)
|
|
|
|
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LRB096 11242 ASK 21653 b |
|
| 1 |
| (225 ILCS 315/21) (from Ch. 111, par. 8121)
| 2 |
| (Section scheduled to be repealed on January 1, 2010)
| 3 |
| Sec. 21. Subpoenas; depositions; oaths. The Department has
| 4 |
| power to subpoena and bring before it any person and to take
| 5 |
| testimony either orally or by deposition, or both, with the | 6 |
| same fees and
mileage and in the same manner as prescribed
in | 7 |
| civil cases in circuit courts of this State.
| 8 |
| The Secretary Director , the designated hearing officer, | 9 |
| and every member of the
Board has the power to
administer oaths | 10 |
| to witnesses at any hearing which the Department is
authorized | 11 |
| to conduct, and any other oaths
authorized in
any Act | 12 |
| administered by the Department.
| 13 |
| (Source: P.A. 88-363.)
| 14 |
| (225 ILCS 315/22.1)
| 15 |
| (Section scheduled to be repealed on January 1, 2010)
| 16 |
| Sec. 22.1. Findings and recommendations. At the conclusion | 17 |
| of the
hearing, the Board shall present to the Secretary | 18 |
| Director a written report of its
findings of fact, conclusions | 19 |
| of law, and recommendations. The report shall
contain a finding | 20 |
| whether the licensee violated this Act or failed to comply
with | 21 |
| the conditions required in this Act. The Board shall specify | 22 |
| the nature
of the violation or failure to comply, and shall | 23 |
| make its recommendations to
the Secretary Director .
| 24 |
| The report of findings of fact, conclusions of law, and |
|
|
|
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LRB096 11242 ASK 21653 b |
|
| 1 |
| recommendation of the
Board shall be the basis for the | 2 |
| Department's order for refusal or for the
granting of the | 3 |
| license. If the Secretary Director disagrees with the | 4 |
| recommendations of
the Board, the Secretary Director may issue | 5 |
| an order in contravention of the Board
recommendations. The | 6 |
| Secretary Director shall provide a written report to the Board | 7 |
| on
any disagreement and shall specify the reasons for the | 8 |
| action in the final
order. The findings are not admissible in | 9 |
| evidence against the person in a
criminal prosecution for | 10 |
| violation of this Act, but the hearing and
findings are not a | 11 |
| bar to a criminal prosecution for violation of
this Act.
| 12 |
| (Source: P.A. 88-363.)
| 13 |
| (225 ILCS 315/23) (from Ch. 111, par. 8123)
| 14 |
| (Section scheduled to be repealed on January 1, 2010)
| 15 |
| Sec. 23. Board; Rehearing. At the conclusion of
the | 16 |
| hearing, a
copy of the Board's report shall be served upon the | 17 |
| accused
person, either
personally or as provided in this Act | 18 |
| for
the service of the notice. Within 20 days after such | 19 |
| service, the
applicant or licensee may present to the | 20 |
| Department
a motion in writing for a
rehearing which shall | 21 |
| specify the particular grounds for rehearing. If no motion for | 22 |
| a rehearing is filed, then upon the
expiration of the time | 23 |
| specified for filing such a motion, or if a motion for
| 24 |
| rehearing is denied, then upon the denial, the Secretary | 25 |
| Director may enter any order in
accordance with recommendations |
|
|
|
SB1925 Enrolled |
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LRB096 11242 ASK 21653 b |
|
| 1 |
| of the Board, except as provided in Section 120
of this Act. If | 2 |
| the applicant or licensee requests and pays for a transcript
of | 3 |
| the record within the time for filing a motion for rehearing, | 4 |
| the 20-day
period within which a motion may be filed shall | 5 |
| commence upon the delivery of
the transcript to the applicant | 6 |
| or licensee.
| 7 |
| Whenever the Secretary Director is not satisfied that | 8 |
| substantial justice has been
done, he may order a rehearing by | 9 |
| the same or another special board. At
the expiration of the | 10 |
| time specified for filing a motion for a rehearing
the | 11 |
| Secretary Director has the right to take the action recommended | 12 |
| by the Board.
| 13 |
| (Source: P.A. 88-363.)
| 14 |
| (225 ILCS 315/24) (from Ch. 111, par. 8124)
| 15 |
| (Section scheduled to be repealed on January 1, 2010)
| 16 |
| Sec. 24. Appointment of a hearing officer. The Secretary | 17 |
| Director has the authority to appoint
any attorney licensed to | 18 |
| practice law in the State of Illinois to
serve as the hearing | 19 |
| officer in any action
for refusal to issue or renew a license | 20 |
| or permit or to discipline a
licensee. The Secretary Director | 21 |
| shall notify the Board of any such appointment. The
hearing
| 22 |
| officer has full authority to conduct the hearing. At least one | 23 |
| member of
the Board shall attend each hearing. The hearing | 24 |
| officer shall report his findings of
fact, conclusions of law | 25 |
| and recommendations to the Board and the Secretary Director .
|
|
|
|
SB1925 Enrolled |
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LRB096 11242 ASK 21653 b |
|
| 1 |
| The Board has 60 days from receipt of the report to review
it | 2 |
| and present its findings of fact,
conclusions of law and | 3 |
| recommendations to the Secretary Director . If the Board fails
| 4 |
| to present its report within the 60 day period, the Secretary | 5 |
| Director shall issue an
order based on the report of the | 6 |
| hearing officer. If the Secretary Director
disagrees with the | 7 |
| recommendation of the Board
or hearing officer, the Secretary | 8 |
| Director
may issue an order in contravention of the | 9 |
| recommendation. The Secretary
Director shall promptly provide | 10 |
| a
written explanation to the Board on any disagreement.
| 11 |
| (Source: P.A. 88-363.)
| 12 |
| (225 ILCS 315/25) (from Ch. 111, par. 8125)
| 13 |
| (Section scheduled to be repealed on January 1, 2010)
| 14 |
| Sec. 25. Order or certified copy; prima facie proof. An | 15 |
| order or a
certified copy thereof, over the seal of the | 16 |
| Department and purporting to be
signed by the Secretary | 17 |
| Director , shall be prima facie proof that:
| 18 |
| (a) the signature is the genuine signature of the | 19 |
| Secretary
Director ;
| 20 |
| (b) the Secretary Director is duly appointed and | 21 |
| qualified;
and
| 22 |
| (c) the Board and the members thereof are qualified to | 23 |
| act.
| 24 |
| (Source: P.A. 91-357, eff. 7-29-99.)
|
|
|
|
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LRB096 11242 ASK 21653 b |
|
| 1 |
| (225 ILCS 315/28) (from Ch. 111, par. 8128)
| 2 |
| (Section scheduled to be repealed on January 1, 2010)
| 3 |
| Sec. 28. Summary suspension of a license. The Secretary | 4 |
| Director
may
summarily suspend the license of a landscape
| 5 |
| architect without a hearing,
simultaneously with the | 6 |
| institution of proceedings for a hearing provided
for in | 7 |
| Section 24 of this Act, if the Secretary Director finds that | 8 |
| evidence in the
possession of the Secretary Director indicates | 9 |
| that the
continuation in practice by the landscape architect | 10 |
| would
constitute an imminent danger to the public. In the event | 11 |
| that the Secretary
Director temporarily suspends the license of | 12 |
| an individual
without a
hearing, a hearing must be held within | 13 |
| 30 days after such
suspension has occurred.
| 14 |
| (Source: P.A. 88-363.)
| 15 |
| (225 ILCS 315/31) (from Ch. 111, par. 8131)
| 16 |
| (Section scheduled to be repealed on January 1, 2010)
| 17 |
| Sec. 31. Administrative Procedure Act. The Illinois | 18 |
| Administrative
Procedure Act is hereby expressly adopted and | 19 |
| incorporated herein as if all of
the provisions of that Act | 20 |
| were included in this Act, except that the provision
of | 21 |
| subsection (d) of Section 10-65 of the Illinois Administrative | 22 |
| Procedure Act
that provides that at hearings the licensee has | 23 |
| the right to show compliance
with all lawful requirements for | 24 |
| retention, continuation or renewal of the
license is | 25 |
| specifically excluded. For the purposes of this Act the notice
|
|
|
|
SB1925 Enrolled |
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LRB096 11242 ASK 21653 b |
|
| 1 |
| required under Section 10-25 of the Illinois Administrative | 2 |
| Procedure Act is
deemed sufficient when mailed to the last | 3 |
| known address of record of a party.
| 4 |
| (Source: P.A. 88-45.)
| 5 |
| (225 ILCS 315/4.5 rep.)
| 6 |
| Section 15. The Illinois Landscape Architecture Act of 1989 | 7 |
| is amended by repealing Section 4.5. | 8 |
| Section 20. The Auction License Act is amended by changing | 9 |
| Sections 5-10, 10-1, 10-20, 10-27, 10-30, 10-35, 10-40, 10-45, | 10 |
| 10-50, 15-5, 15-10, 20-5, 20-15, 20-40, 20-50, 20-55, 20-80, | 11 |
| and 30-30 and by adding Sections 10-15a, 20-43, 20-56, 30-7 and | 12 |
| 30-13 as follows:
| 13 |
| (225 ILCS 407/5-10)
| 14 |
| (Section scheduled to be repealed on January 1, 2010)
| 15 |
| Sec. 5-10. Definitions. As used in this Act:
| 16 |
| "Advertisement" means any written, oral, or electronic | 17 |
| communication that
contains a promotion, inducement, or offer | 18 |
| to conduct an auction or offer to
provide an auction service, | 19 |
| including but not limited to brochures, pamphlets,
radio and | 20 |
| television scripts, telephone and direct mail solicitations,
| 21 |
| electronic media, and other means of promotion.
| 22 |
| "Advisory Board" or "Board" means the Auctioneer Advisory | 23 |
| Board.
|
|
|
|
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LRB096 11242 ASK 21653 b |
|
| 1 |
| "Associate auctioneer" means a person who conducts an | 2 |
| auction, but who is
under the direct supervision of, and is | 3 |
| sponsored by, a licensed auctioneer
or auction firm.
| 4 |
| "Auction" means the sale or lease of property, real or | 5 |
| personal, by means
of exchanges between an auctioneer or | 6 |
| associate auctioneer and prospective
purchasers or lessees, | 7 |
| which consists of a series of invitations for offers
made by | 8 |
| the auctioneer or associate auctioneer and offers by | 9 |
| prospective
purchasers or lessees for the purpose of obtaining | 10 |
| an acceptable offer for
the sale or lease of the property, | 11 |
| including the sale or lease of property
via mail, | 12 |
| telecommunications, or the Internet.
| 13 |
| "Auction contract" means a written agreement between an | 14 |
| auctioneer ,
associate auctioneer, or auction firm and a seller | 15 |
| or sellers.
| 16 |
| "Auction firm" means any corporation, partnership, or | 17 |
| limited liability
company that acts as an auctioneer and | 18 |
| provides an auction service.
| 19 |
| "Auction school" means any educational institution, public | 20 |
| or private,
which offers a curriculum of auctioneer education | 21 |
| and training approved
by the Department.
| 22 |
| "Auction service" means the service of arranging, | 23 |
| managing, advertising,
or conducting auctions.
| 24 |
| "Auctioneer" means a person or entity who, for another, for | 25 |
| a fee,
compensation, commission, or any other valuable | 26 |
| consideration at auction or
with the intention or expectation |
|
|
|
SB1925 Enrolled |
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LRB096 11242 ASK 21653 b |
|
| 1 |
| of receiving valuable consideration by the
means of or process | 2 |
| of an auction or sale at auction or providing an auction
| 3 |
| service, offers, negotiates, or attempts to negotiate an | 4 |
| auction contract,
sale, purchase, or exchange of goods, | 5 |
| chattels, merchandise, personal property,
real property, or | 6 |
| any commodity that may be lawfully kept or offered for sale
by | 7 |
| or at auction.
| 8 |
| "Address of Record" means the designated address recorded | 9 |
| by the Department in the applicant's or licensee's application | 10 |
| file or license file maintained by the Department. It is the | 11 |
| duty of the applicant or licensee to inform the Department of | 12 |
| any change of address, and such changes must be made either | 13 |
| through the Department's website or by directly contacting the | 14 |
| Department. | 15 |
| "Buyer premium" means any fee or compensation paid by the | 16 |
| successful purchaser of property sold or leased at or by | 17 |
| auction, to the auctioneer, auction firms, seller, lessor, or | 18 |
| other party to the transaction, other than the purchase price. | 19 |
| "Department" means the Department of Financial and | 20 |
| Professional Regulation.
| 21 |
| "Goods" means chattels, movable goods, merchandise, or | 22 |
| personal property or
commodities of any form or type that may | 23 |
| be lawfully kept or offered for sale.
| 24 |
| "Licensee" means any person licensed under this Act.
| 25 |
| "Managing auctioneer" means any person licensed as an | 26 |
| auctioneer who manages
and supervises licensees sponsored by an |
|
|
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|
| 1 |
| auction firm or auctioneer.
| 2 |
| "Person" means an individual, association, partnership, | 3 |
| corporation, or
limited liability company or the officers, | 4 |
| directors, or employees of the same.
| 5 |
| "Pre-renewal period" means the 24 months prior to the | 6 |
| expiration date of a
license issued under this Act.
| 7 |
| "Secretary" means the Secretary of the Department of | 8 |
| Financial and Professional Regulation or his or her designee.
| 9 |
| "Sponsoring auctioneer" means the auctioneer or auction | 10 |
| firm who has issued a
sponsor card to a licensed associate | 11 |
| auctioneer or auctioneer.
| 12 |
| "Sponsor card" means the temporary permit issued by the
| 13 |
| sponsoring auctioneer certifying that the licensee named | 14 |
| thereon is employed
by or associated with the sponsoring | 15 |
| auctioneer and the sponsoring auctioneer
shall be responsible | 16 |
| for the actions of the sponsored licensee.
| 17 |
| (Source: P.A. 95-572, eff. 6-1-08 .)
| 18 |
| (225 ILCS 407/10-1)
| 19 |
| (Section scheduled to be repealed on January 1, 2010)
| 20 |
| Sec. 10-1. Necessity of license; exemptions.
| 21 |
| (a) It is unlawful for any
person, corporation,
limited | 22 |
| liability company, partnership, or other entity to conduct an | 23 |
| auction,
provide an auction
service, hold himself or herself | 24 |
| out as an auctioneer, or advertise his or her
services as an | 25 |
| auctioneer
in the State of Illinois without a license issued by |
|
|
|
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|
| 1 |
| the Department under this Act,
except at:
| 2 |
| (1) an auction conducted solely by or for a | 3 |
| not-for-profit organization
for
charitable
purposes in | 4 |
| which the individual receives no compensation ;
| 5 |
| (2) an auction conducted by the owner of the property, | 6 |
| real or personal;
| 7 |
| (3) an auction for the sale or lease of real property | 8 |
| conducted by a
licensee
under the
Real Estate License Act, | 9 |
| or its successor Acts, in accordance with the terms of
that | 10 |
| Act;
| 11 |
| (4) an auction conducted by a business registered as a | 12 |
| market
agency under the federal Packers and Stockyards Act | 13 |
| (7 U.S.C. 181 et seq.) or
under the Livestock Auction | 14 |
| Market Law;
| 15 |
| (5) an auction conducted by an agent, officer, or | 16 |
| employee of a federal
agency in the conduct of his or her | 17 |
| official duties; and
| 18 |
| (6) an auction conducted by an agent, officer, or | 19 |
| employee of the State
government or any political | 20 |
| subdivision thereof performing his or her official
duties.
| 21 |
| (b) Nothing in this Act shall be construed to apply to a | 22 |
| new or used
vehicle dealer
or a vehicle auctioneer licensed by | 23 |
| the Secretary of State of Illinois, or
to any employee of the
| 24 |
| licensee, who is a resident of the State of Illinois,
while the | 25 |
| employee is acting in the regular scope of his or her | 26 |
| employment for
the licensee
while conducting an auction that is |
|
|
|
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|
| 1 |
| not open to the public, provided that
only new or used vehicle | 2 |
| dealers,
rebuilders, automotive parts recyclers, or scrap | 3 |
| processors licensed by the Secretary of State or licensed by
| 4 |
| another state or jurisdiction may buy property at the auction, | 5 |
| or to sales by or
through the licensee. Out-of-state salvage | 6 |
| vehicle buyers licensed in another state or jurisdiction may | 7 |
| also buy property at the auction.
| 8 |
| (c) Nothing in this Act shall be construed to prohibit a | 9 |
| person under the
age of 18 from selling property under $250 in | 10 |
| value while under the direct
supervision of a licensed | 11 |
| auctioneer.
| 12 |
| (d) Nothing in this Act, except Section 10-27, shall be | 13 |
| construed to
apply to a person while providing an Internet | 14 |
| auction listing service as
defined
in Section 10-27.
| 15 |
| (Source: P.A. 95-572, eff. 6-1-08; 95-783, eff. 1-1-09.)
| 16 |
| (225 ILCS 407/10-15a new)
| 17 |
| Sec. 10-15a. Associate auctioneer license; discontinuance. | 18 |
| (a) Upon the effective date of this amendatory Act of the | 19 |
| 96th General Assembly, the Department shall no longer issue or | 20 |
| renew any associate auctioneer license. | 21 |
| (b) Any person who holds a valid license as an associate | 22 |
| auctioneer on the effective date of this amendatory Act of the | 23 |
| 96th General Assembly shall be issued an auctioneer license | 24 |
| without having to apply to the Department or pay any fee. Such | 25 |
| licensee's previous record as an associate auctioneer, |
|
|
|
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|
| 1 |
| including any past discipline imposed on him or her, shall | 2 |
| become part of his or her auctioneer license record. The | 3 |
| expiration date of such licensee's auctioneer license shall be | 4 |
| the same as the expiration date of his or her associate | 5 |
| auctioneer license. | 6 |
| (c) Upon receipt of an auctioneer license issued by the | 7 |
| Department pursuant to this Section, a licensee's associate | 8 |
| auctioneer license shall no longer be valid.
| 9 |
| (225 ILCS 407/10-20)
| 10 |
| (Section scheduled to be repealed on January 1, 2010)
| 11 |
| Sec. 10-20. Requirements for auction firm license; | 12 |
| application. Any
corporation, limited
liability company, or | 13 |
| partnership who desires to obtain an auction firm license
| 14 |
| shall:
| 15 |
| (1) apply to the Department on forms provided by the | 16 |
| Department accompanied by the required
fee;
and
| 17 |
| (2) provide evidence to the Department that the auction | 18 |
| firm has a properly licensed
managing
auctioneer ; and .
| 19 |
| (3) any requirement as defined by rule. | 20 |
| (Source: P.A. 95-572, eff. 6-1-08 .)
| 21 |
| (225 ILCS 407/10-27)
| 22 |
| (Section scheduled to be repealed on January 1, 2010)
| 23 |
| Sec. 10-27. Registration of Internet Auction Listing | 24 |
| Service.
|
|
|
|
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LRB096 11242 ASK 21653 b |
|
| 1 |
| (a) For the purposes of this Section:
| 2 |
| (1) "Internet Auction Listing Service" means a website | 3 |
| on the Internet, or
other interactive computer service that | 4 |
| is designed to allow or advertised as a
means of allowing | 5 |
| users to offer personal property or services for sale or
| 6 |
| lease to a prospective buyer or lessee through an on-line | 7 |
| bid submission
process using that website or interactive | 8 |
| computer service and that does not
examine, set the price, | 9 |
| or prepare the description of the personal property or
| 10 |
| service to be offered, or in any way utilize the services | 11 |
| of a natural person
as an auctioneer.
| 12 |
| (2) "Interactive computer service" means any | 13 |
| information service, system,
or access software provider | 14 |
| that provides or enables computer access by
multiple users | 15 |
| to a computer server, including specifically a service or | 16 |
| system
that provides access to the Internet.
| 17 |
| (b) It is unlawful for any person, corporation, limited | 18 |
| liability company,
partnership, or other entity to provide an | 19 |
| Internet auction listing service in
the State of Illinois for | 20 |
| compensation without being registered with the Department | 21 |
| when:
| 22 |
| (1) the person, corporation, limited liability | 23 |
| company, partnership, or
other entity providing the | 24 |
| Internet auction listing service is located in the
State of | 25 |
| Illinois;
| 26 |
| (2) the prospective seller or seller, prospective |
|
|
|
SB1925 Enrolled |
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LRB096 11242 ASK 21653 b |
|
| 1 |
| lessor or lessor, or
prospective purchaser or purchaser is | 2 |
| located in the State of Illinois and is
required to agree | 3 |
| to terms with the person, corporation, limited liability
| 4 |
| company, partnership, or other entity providing the | 5 |
| Internet auction listing
service, no matter where that | 6 |
| person, corporation, limited liability
company, | 7 |
| partnership, or other entity is located; or
| 8 |
| (3) the personal property or services offered for sale | 9 |
| or lease are
located or will be provided in the State of | 10 |
| Illinois.
| 11 |
| (c) Any person, corporation, limited liability company, | 12 |
| partnership, or
other entity that provides an Internet auction | 13 |
| listing service in the State of
Illinois for compensation under | 14 |
| any of the circumstances listed in subsection
(b) shall | 15 |
| register with the Department on forms provided by the | 16 |
| Department accompanied by the
required fee as provided by rule. | 17 |
| Such registration shall include
information as required by the | 18 |
| Department and established by rule as the Department deems | 19 |
| necessary
to enable users of the Internet auction listing | 20 |
| service in Illinois to identify
the entity providing the | 21 |
| service and to seek redress or further information
from such | 22 |
| entity. The fee shall be sufficient to cover the reasonable | 23 |
| costs of the Department in administering and enforcing the | 24 |
| provisions of this Section. The
registrant shall be required to | 25 |
| certify:
| 26 |
| (1) that the registrant does not act as the agent of |
|
|
|
SB1925 Enrolled |
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LRB096 11242 ASK 21653 b |
|
| 1 |
| users who sell items
on its website, and acts only as a | 2 |
| venue for user transactions;
| 3 |
| (2) that the registrant requires sellers and bidders to | 4 |
| register with the
website and provide their name, address, | 5 |
| telephone number and e-mail address;
| 6 |
| (3) that the registrant retains such information for a | 7 |
| period of at least
2 years;
| 8 |
| (4) that the registrant retains transactional | 9 |
| information consisting of at
least seller identification, | 10 |
| high bidder identification, and item sold for at
least 2 | 11 |
| years from the close of a transaction, and has a mechanism | 12 |
| to identify
all transactions involving a particular seller | 13 |
| or buyer;
| 14 |
| (5) that the registrant has a mechanism to receive | 15 |
| complaints or inquiries
from users;
| 16 |
| (6) that the registrant adopts and reasonably | 17 |
| implements a policy of
suspending, in appropriate | 18 |
| circumstances, the accounts of users who, based on
the | 19 |
| registrant's investigation, are proven to have engaged in a | 20 |
| pattern of
activity that appears to be deliberately | 21 |
| designed to defraud
consumers on the registrant's website; | 22 |
| and
| 23 |
| (7) that the registrant will comply with the Department | 24 |
| and law enforcement requests
for stored data in its | 25 |
| possession, subject to the requirements of applicable
law.
| 26 |
| (d) The Department may refuse to accept a registration |
|
|
|
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LRB096 11242 ASK 21653 b |
|
| 1 |
| which is incomplete or not
accompanied by the required fee. The | 2 |
| Department may impose a civil penalty not to exceed
$10,000 | 3 |
| upon any Internet auction listing service that intentionally | 4 |
| fails to
register as required by this Section, and may impose | 5 |
| such penalty or
revoke, suspend, or place on probation or | 6 |
| administrative supervision
the registration of any Internet | 7 |
| auction listing service that:
| 8 |
| (1) intentionally makes a false or fraudulent material
| 9 |
| representation or material misstatement or | 10 |
| misrepresentation to the Department in
connection with its | 11 |
| registration, including in the certification required | 12 |
| under
subsection (c);
| 13 |
| (2) is convicted of any crime, an essential element of | 14 |
| which is
dishonesty, fraud, larceny, embezzlement, or | 15 |
| obtaining money, property,
or credit by false pretenses or | 16 |
| by means of a confidence game; or is convicted
in this or | 17 |
| another state of a crime that is a felony under the laws of | 18 |
| this
State; or is convicted of a felony in a federal court;
| 19 |
| (3) is adjudged to be a person under legal disability | 20 |
| or subject to
involuntary admission or to meet the standard | 21 |
| for judicial admission as
provided in the Mental Health and | 22 |
| Developmental Disabilities Code;
| 23 |
| (4) has been subject to discipline by another state, | 24 |
| the District of
Columbia, a territory of the United States, | 25 |
| a foreign nation, a governmental
agency, or any other | 26 |
| entity authorized to impose discipline if at least one of
|
|
|
|
SB1925 Enrolled |
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|
| 1 |
| the grounds for that discipline is the same as or | 2 |
| equivalent to one of the
grounds for discipline set forth | 3 |
| in this Section or for failing to report to the Department, | 4 |
| within 30 days, any adverse final action taken against the
| 5 |
| registrant by any other licensing or registering | 6 |
| jurisdiction, government
agency, law enforcement agency, | 7 |
| or court, or liability for conduct that would
constitute | 8 |
| grounds for action as set forth in this Section;
| 9 |
| (5) fails to make available to the Department
personnel | 10 |
| during normal business hours
all records and related | 11 |
| documents maintained in connection with the activities
| 12 |
| subject to registration under this Section;
| 13 |
| (6) makes or files false records or reports in | 14 |
| connection with activities
subject to registration, | 15 |
| including but not limited to false records or reports
filed | 16 |
| with State agencies;
| 17 |
| (7) fails to provide information within 30 days in | 18 |
| response to a written
request made by the Department
to a | 19 |
| person designated in the registration for receipt
of such | 20 |
| requests; or
| 21 |
| (8) fails to perform any act or procedure described in | 22 |
| subsection (c) of
this Section.
| 23 |
| (e) Registrations issued pursuant to this Section shall be | 24 |
| defined by rule expire on
September 30 of odd-numbered years . A | 25 |
| registrant shall submit a renewal
application to the Department | 26 |
| on forms provided by the Department along with the required fee |
|
|
|
SB1925 Enrolled |
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LRB096 11242 ASK 21653 b |
|
| 1 |
| as
established by rule.
| 2 |
| (f) Operating an Internet auction listing service under any | 3 |
| of the
circumstances listed in subsection (b) without being | 4 |
| currently registered under
this Section is declared to be | 5 |
| adverse to the public welfare, to constitute a
public nuisance, | 6 |
| and to cause irreparable harm to the public welfare. The | 7 |
| Secretary, the Attorney General of the State of Illinois, the
| 8 |
| State's Attorney of any county in the State, or any other | 9 |
| person may maintain
an action and apply for injunctive relief | 10 |
| in any circuit court to enjoin the
person or entity from | 11 |
| engaging in such practice.
| 12 |
| (g) The provisions of Sections 20-25, 20-30, 20-35, 20-40, | 13 |
| 20-45, 20-50,
20-55, 20-60 and 20-75 of this Act shall apply to | 14 |
| any actions of the Department
exercising its
authority under | 15 |
| subsection (d) as if a person required to register under this
| 16 |
| Section were a person holding or claiming to hold a license | 17 |
| under this Act.
| 18 |
| (h) The Department shall have the authority to adopt such | 19 |
| rules as may be necessary to
implement or interpret the | 20 |
| provisions of this Section.
| 21 |
| (Source: P.A. 95-572, eff. 6-1-08 .)
| 22 |
| (225 ILCS 407/10-30)
| 23 |
| (Section scheduled to be repealed on January 1, 2010)
| 24 |
| Sec. 10-30. Expiration, renewal, and continuing education.
| 25 |
| (a) License expiration dates, renewal periods, renewal |
|
|
|
SB1925 Enrolled |
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LRB096 11242 ASK 21653 b |
|
| 1 |
| fees, and procedures for renewal of licenses issued under this | 2 |
| Act shall be set by rule of the Department. An entity may renew | 3 |
| its license by paying the required fee and by meeting the | 4 |
| renewal requirements adopted by the Department under this | 5 |
| Section.
| 6 |
| (b) All renewal applicants must provide proof as determined | 7 |
| by the Department of having met the continuing education | 8 |
| requirements set forth by the Department by rule. At a minimum, | 9 |
| the rules shall require an applicant for renewal licensure as | 10 |
| an auctioneer or associate auctioneer to provide proof of the | 11 |
| completion of at least 12 hours of continuing education during | 12 |
| the pre-renewal period preceding the expiration date of the | 13 |
| license from schools approved by the Department, as established | 14 |
| by rule.
| 15 |
| (c) The Department, in its discretion, may waive | 16 |
| enforcement of the continuing education requirements of this | 17 |
| Section and shall adopt rules defining the standards and | 18 |
| criteria for such waiver.
| 19 |
| (d) (Blank).
| 20 |
| (Source: P.A. 95-572, eff. 6-1-08 .)
| 21 |
| (225 ILCS 407/10-35)
| 22 |
| (Section scheduled to be repealed on January 1, 2010)
| 23 |
| Sec. 10-35. Completed 45-day permit sponsor card; | 24 |
| termination by
sponsoring
auctioneer;
inoperative status. | 25 |
| (a) No auctioneer or associate auctioneer shall conduct an |
|
|
|
SB1925 Enrolled |
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LRB096 11242 ASK 21653 b |
|
| 1 |
| auction or
provide
an auction
service without being properly | 2 |
| sponsored by a licensed auctioneer or auction
firm.
| 3 |
| (b) The sponsoring auctioneer or sponsoring auction firm | 4 |
| shall prepare upon
forms provided
by the Department and deliver | 5 |
| to each auctioneer or associate auctioneer employed by
or | 6 |
| associated with
the sponsoring auctioneer or sponsoring | 7 |
| auction firm a properly completed
duplicate 45-day permit
| 8 |
| sponsor card certifying that the person whose name appears | 9 |
| thereon is in fact
employed by or
associated with said | 10 |
| sponsoring auctioneer or sponsoring auction firm. The
| 11 |
| sponsoring auctioneer
or sponsoring auction firm shall send the | 12 |
| original 45-day permit sponsor card,
along with a valid
| 13 |
| terminated license or other authorization as provided by rule | 14 |
| and the
appropriate fee, to the Department
within 24 hours | 15 |
| after the issuance of the sponsor card. It is a violation of
| 16 |
| this Act for any sponsoring
auctioneer or sponsoring auction | 17 |
| firm to issue a sponsor card to any
auctioneer , associate | 18 |
| auctioneer,
or applicant, unless the auctioneer , associate | 19 |
| auctioneer, or applicant
presents in hand a valid
terminated | 20 |
| license or other authorization, as provided by rule.
| 21 |
| (c) An auctioneer may be self-sponsored or may be sponsored | 22 |
| by another
licensed auctioneer
or auction firm.
| 23 |
| (d) (Blank). An associate auctioneer must be sponsored by a | 24 |
| licensed auctioneer or
auction firm.
| 25 |
| (e) When an auctioneer or associate auctioneer terminates | 26 |
| his or her
employment
or
association with a sponsoring |
|
|
|
SB1925 Enrolled |
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LRB096 11242 ASK 21653 b |
|
| 1 |
| auctioneer or sponsoring auction firm or the
employment or
| 2 |
| association is terminated by the sponsoring auctioneer or | 3 |
| sponsoring auction
firm, the terminated
licensee shall obtain | 4 |
| from that sponsoring auctioneer or sponsoring auction
firm his | 5 |
| or her license
endorsed by the sponsoring auctioneer or | 6 |
| sponsoring auction firm indicating the
termination. The
| 7 |
| terminating sponsoring auctioneer or sponsoring auction firm | 8 |
| shall send a copy
of the terminated
license within 5 days after | 9 |
| the termination to the Department or shall notify the | 10 |
| Department in writing of the
termination and explain why a copy | 11 |
| of the terminated license was not
surrendered.
| 12 |
| (f) The license of any auctioneer or associate auctioneer | 13 |
| whose association
with a sponsoring
auctioneer or sponsoring | 14 |
| auction firm has terminated shall automatically become
| 15 |
| inoperative
immediately upon such termination, unless the | 16 |
| terminated licensee accepts
employment or becomes
associated | 17 |
| with a new sponsoring auctioneer or sponsoring auction firm | 18 |
| pursuant
to subsection (g)
of this Section. An inoperative | 19 |
| licensee under this Act shall not conduct an
auction or provide
| 20 |
| auction services while the license is in inoperative status.
| 21 |
| (g) When a terminated or inoperative auctioneer or | 22 |
| associate auctioneer
accepts employment
or becomes associated | 23 |
| with a new sponsoring auctioneer or sponsoring auction
firm, | 24 |
| the new
sponsoring auctioneer or sponsoring auction firm shall | 25 |
| send to the Department a
properly completed 45-day
permit | 26 |
| sponsor card, the terminated license, and the appropriate fee.
|
|
|
|
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|
| 1 |
| (Source: P.A. 95-572, eff. 6-1-08 .)
| 2 |
| (225 ILCS 407/10-40)
| 3 |
| (Section scheduled to be repealed on January 1, 2010) | 4 |
| Sec. 10-40. Restoration.
| 5 |
| (a) A licensee whose license has lapsed or expired shall | 6 |
| have 2 years from
the
expiration date
to restore his or her | 7 |
| license without examination. The expired licensee shall
make | 8 |
| application to the Department on forms provided by the | 9 |
| Department, including a properly completed 45-day
permit | 10 |
| sponsor card,
provide evidence of successful completion of 12 | 11 |
| hours of approved continuing
education during the
period of | 12 |
| time the license had lapsed, and pay all lapsed fees and | 13 |
| penalties as
established by
administrative rule.
| 14 |
| (b) Notwithstanding any other provisions of this Act to the | 15 |
| contrary, any
licensee whose
license under this Act has expired | 16 |
| is eligible to restore such license without
paying any lapsed | 17 |
| fees
and penalties provided that the license expired while the | 18 |
| licensee was:
| 19 |
| (1) on active duty with the United States Army, United | 20 |
| States Marine Corps,
United
States Navy, United States Air | 21 |
| Force, United States Coast Guard, the State
Militia called | 22 |
| into service
or training;
| 23 |
| (2) engaged in training or education under the | 24 |
| supervision of the United
States
prior
to induction into | 25 |
| military service; or
|
|
|
|
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LRB096 11242 ASK 21653 b |
|
| 1 |
| (3) serving as an employee of the Department, while the | 2 |
| employee was required to
surrender his or her license due | 3 |
| to a possible conflict of interest.
| 4 |
| A licensee shall be eligible to restore a license under the | 5 |
| provisions of
this subsection for a
period of 2 years following | 6 |
| the termination of the service, education, or
training by | 7 |
| providing a
properly completed application and 45-day permit | 8 |
| sponsor card, provided that
the termination was
by other than | 9 |
| dishonorable discharge and provided that the licensee | 10 |
| furnishes
the Department with an
affidavit specifying that the | 11 |
| licensee has been so engaged.
| 12 |
| (c) At any time after the suspension, revocation, placement | 13 |
| on probationary
status, or other
disciplinary action taken | 14 |
| under this Act with reference to any license, the Department | 15 |
| may restore the
license to the licensee without examination | 16 |
| upon the order of the Secretary,
if the licensee
submits a | 17 |
| properly completed application and 45-day permit sponsor card, | 18 |
| pays
appropriate fees, and
otherwise complies with the | 19 |
| conditions of the order.
| 20 |
| (Source: P.A. 95-331, eff. 8-21-07; 95-572, eff. 6-1-08 .)
| 21 |
| (225 ILCS 407/10-45)
| 22 |
| (Section scheduled to be repealed on January 1, 2010)
| 23 |
| Sec. 10-45. Nonresident auctioneer reciprocity.
| 24 |
| (a) A person holding a license to engage in auctions issued | 25 |
| to him or her by
the proper
authority of a state, territory, or |
|
|
|
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LRB096 11242 ASK 21653 b |
|
| 1 |
| possession of the United States of America
or the District of
| 2 |
| Columbia that has licensing requirements equal to or | 3 |
| substantially equivalent
to the requirements
of this State and | 4 |
| that otherwise meets the requirements of this Act may obtain
a | 5 |
| license under this
Act without examination, provided:
| 6 |
| (1) that the Department has entered into a valid | 7 |
| reciprocal agreement with the
proper
authority of the | 8 |
| state, territory, or possession of the United States of
| 9 |
| America or the District of
Columbia from which the | 10 |
| nonresident applicant has a valid license;
| 11 |
| (2) that the applicant provides the Department
with a | 12 |
| certificate of good
standing
from the
applicant's resident | 13 |
| state of licensure ;
| 14 |
| (3) that the applicant completes and submits an | 15 |
| application as provided by
the Department;
and
| 16 |
| (4) that the applicant pays all applicable fees | 17 |
| required under this Act.
| 18 |
| (b) A nonresident applicant shall file an irrevocable | 19 |
| consent with the Department
that actions may
be commenced | 20 |
| against the applicant or nonresident licensee in a court of
| 21 |
| competent jurisdiction in
this State by the service of summons, | 22 |
| process, or other pleading authorized by
the law upon the | 23 |
| Secretary. The consent shall stipulate and agree that service | 24 |
| of the
process, summons, or
pleading upon the Secretary shall | 25 |
| be taken and held in all courts to be
valid and binding as if
| 26 |
| actual service had been made upon the applicant in Illinois. If |
|
|
|
SB1925 Enrolled |
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LRB096 11242 ASK 21653 b |
|
| 1 |
| a summons,
process, or other pleading
is served upon the | 2 |
| Secretary, it shall be by duplicate copies, one of which
shall | 3 |
| be retained by
the Department and the other immediately | 4 |
| forwarded by certified or registered mail to
the last known
| 5 |
| business address of the applicant or nonresident licensee | 6 |
| against whom the
summons, process, or other
pleading may be | 7 |
| directed.
| 8 |
| (Source: P.A. 95-572, eff. 6-1-08 .)
| 9 |
| (225 ILCS 407/10-50)
| 10 |
| (Section scheduled to be repealed on January 1, 2010)
| 11 |
| Sec. 10-50. Fees ; disposition of funds . Fees shall be | 12 |
| determined by rule and shall be non-refundable.
| 13 |
| (a) The Department shall establish by rule a schedule of | 14 |
| fees for the administration and maintenance of this Act. Such | 15 |
| fees shall be nonrefundable. | 16 |
| (b) All fees collected under this Act shall be deposited | 17 |
| into the General Professions Dedicated Fund and appropriated to | 18 |
| the Department for the ordinary and contingent expenses of the | 19 |
| Department in the administration of this Act. The Department | 20 |
| shall provide by administrative
rule for fees to be
collected | 21 |
| from licensees and applicants to cover the statutory | 22 |
| requirements for
funding the
Auctioneer Recovery Fund. The | 23 |
| Department may also provide by administrative rule for
general | 24 |
| fees to
cover the reasonable expenses of carrying out other | 25 |
| functions and
responsibilities under this Act.
|
|
|
|
SB1925 Enrolled |
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LRB096 11242 ASK 21653 b |
|
| 1 |
| (Source: P.A. 95-572, eff. 6-1-08 .)
| 2 |
| (225 ILCS 407/15-5)
| 3 |
| (Section scheduled to be repealed on January 1, 2010)
| 4 |
| Sec. 15-5. Representations. An auctioneer , associate | 5 |
| auctioneer, or
auction firm , or
the sponsored licensees, | 6 |
| agents, or employees of an auctioneer or auction firm,
| 7 |
| conducting an auction
or providing an auction service shall | 8 |
| not:
| 9 |
| (1) misrepresent a fact material to a purchaser's | 10 |
| decision to buy at or by
auction;
| 11 |
| (2) predict specific or immediate increases in the | 12 |
| value of any item
offered
for sale
at auction; or
| 13 |
| (3) materially misrepresent the qualities or | 14 |
| characteristics of any item
offered for sale
at auction.
| 15 |
| (Source: P.A. 91-603, eff. 1-1-00.)
| 16 |
| (225 ILCS 407/15-10)
| 17 |
| (Section scheduled to be repealed on January 1, 2010)
| 18 |
| Sec. 15-10. Auction contract. Any auctioneer , associate | 19 |
| auctioneer, or
auction firm shall
not conduct an auction or | 20 |
| provide an auction service, unless the auctioneer ,
associate | 21 |
| auctioneer, or
auction firm enters into a written or oral | 22 |
| auction contract with the seller of
any
property at auction | 23 |
| prior to
the date of the auction. Any agreement shall state | 24 |
| whether the auction is with reserve or absolute. The agreement |
|
|
|
SB1925 Enrolled |
- 52 - |
LRB096 11242 ASK 21653 b |
|
| 1 |
| shall be signed by the auctioneer ,
associate auctioneer, or
| 2 |
| auction firm conducting an auction or providing an auction | 3 |
| service and the
seller or sellers, or the
legal agent of the | 4 |
| seller or sellers of the property to be offered at or by
| 5 |
| auction, and shall include, but
not be limited to the following | 6 |
| disclosures:
| 7 |
| (1) Licensees shall disclose:
| 8 |
| (A) the name, license number, business address, | 9 |
| and phone number of the
auctioneer , associate | 10 |
| auctioneer, or auction firm conducting an auction or
| 11 |
| providing an auction
service;
| 12 |
| (B) the fee to be paid to the auctioneer , associate | 13 |
| auctioneer, or
auction
firm
for conducting an auction | 14 |
| or providing an auction service; and
| 15 |
| (C) an estimate of the advertising costs that shall | 16 |
| be paid by the
seller or
sellers of property at auction | 17 |
| and a disclosure that, if the actual advertising
costs | 18 |
| exceeds 120% of
the estimated advertising cost, the | 19 |
| auctioneer , associate auctioneer, or
auction firm | 20 |
| shall pay the
advertising costs that exceed 120% of the | 21 |
| estimated advertising costs or shall
have the seller or
| 22 |
| sellers agree in writing to pay for the actual | 23 |
| advertising costs in excess of
120% of the estimated
| 24 |
| advertising costs.
| 25 |
| (D) the buyer premium and the party to the | 26 |
| transaction that receives it.
|
|
|
|
SB1925 Enrolled |
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LRB096 11242 ASK 21653 b |
|
| 1 |
| (2) Sellers shall disclose:
| 2 |
| (A) the name, address, and phone number of the | 3 |
| seller or sellers or the
legal
agent of the seller or | 4 |
| sellers of property to be sold at auction; and
| 5 |
| (B) any mortgage, lien, easement, or encumbrance | 6 |
| of which the seller has knowledge
on any property or | 7 |
| goods to be sold or leased at or by auction.
| 8 |
| (Source: P.A. 91-603, eff. 1-1-00.)
| 9 |
| (225 ILCS 407/20-5)
| 10 |
| (Section scheduled to be repealed on January 1, 2010)
| 11 |
| Sec. 20-5. Unlicensed practice; civil penalty.
| 12 |
| (a) Any person who practices, offers to practice, attempts | 13 |
| to practice, or
holds oneself out to
practice as an auctioneer, | 14 |
| an associate auctioneer, an auction firm, or any
other licensee | 15 |
| under this
Act without being licensed under this Act shall, in | 16 |
| addition to any other
penalty provided by law,
pay a civil | 17 |
| penalty to the Department in an amount not to exceed $10,000 | 18 |
| for each offense as
determined by the Department. The civil | 19 |
| penalty fine shall be assessed by the Department
after a | 20 |
| hearing is held in
accordance with the
provisions set forth in | 21 |
| this Act regarding a hearing for the discipline of a
license.
| 22 |
| (b) The Department has the authority and power to | 23 |
| investigate any and all
unlicensed
activity
pursuant to this | 24 |
| Act.
| 25 |
| (c) The civil penalty shall be paid within 60 days after |
|
|
|
SB1925 Enrolled |
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LRB096 11242 ASK 21653 b |
|
| 1 |
| the effective date of
the
order imposing
the civil penalty. The | 2 |
| order shall constitute a judgment
and may be filed and
| 3 |
| execution had thereon
in the same manner from any court of | 4 |
| record.
| 5 |
| (d) Conducting an auction or providing an auction service | 6 |
| in Illinois
without
holding a valid
and current license under | 7 |
| this Act is declared to be adverse to the public
welfare, to | 8 |
| constitute a
public nuisance, and to cause irreparable harm to | 9 |
| the public welfare. The Secretary, the
Attorney General, the | 10 |
| State's Attorney of any county in the State, or any other
| 11 |
| person may maintain
an action in the name of the People of the | 12 |
| State of Illinois and may apply for
injunctive relief in any
| 13 |
| circuit court to enjoin the person or entity from engaging in | 14 |
| such practice.
| 15 |
| Upon the filing of a verified petition in a circuit court, | 16 |
| the court, if
satisfied by affidavit or
otherwise that the | 17 |
| person or entity has been engaged in the practice of
auctioning | 18 |
| without a valid and
current license, may enter a temporary | 19 |
| restraining order without notice or bond
enjoining the
| 20 |
| defendant from further practice. Only the showing of | 21 |
| non-licensure, by
affidavit or otherwise, is
necessary in order | 22 |
| for a temporary injunction to be issued. A copy of the
verified | 23 |
| complaint shall
be served upon the defendant and the | 24 |
| proceedings shall thereafter be conducted
as in other civil | 25 |
| cases
except as modified by this Section. If it is established | 26 |
| that the defendant
has been or is engaged in
unlawful practice, |
|
|
|
SB1925 Enrolled |
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LRB096 11242 ASK 21653 b |
|
| 1 |
| the court may enter an order or judgment perpetually
enjoining | 2 |
| the defendant from
further practice. In all proceedings | 3 |
| hereunder, the court, in its discretion,
may apportion the | 4 |
| costs
among the parties interested in the action, including | 5 |
| cost of filing the
complaint, service of process,
witness fees | 6 |
| and expenses, court reporter charges, and reasonable | 7 |
| attorneys'
fees. In case of violation
of any injunctive order | 8 |
| entered under the provisions of this Section, the court
may | 9 |
| summarily try and
punish the offender for contempt of court. | 10 |
| These injunction proceedings shall
be in addition to, and
not | 11 |
| in lieu of, all penalties and other remedies provided in this | 12 |
| Act.
| 13 |
| (Source: P.A. 95-572, eff. 6-1-08 .)
| 14 |
| (225 ILCS 407/20-15)
| 15 |
| (Section scheduled to be repealed on January 1, 2010)
| 16 |
| Sec. 20-15. Disciplinary actions; grounds. The Department | 17 |
| may refuse to issue
or renew a
license, may place on probation | 18 |
| or administrative supervision, suspend, or
revoke any license | 19 |
| or may
reprimand or take other disciplinary or non-disciplinary | 20 |
| action as the Department may deem proper, including the | 21 |
| imposition of fines not to exceed $10,000 for each violation | 22 |
| upon anyone licensed under this Act for any of the following | 23 |
| reasons:
| 24 |
| (1) False or fraudulent representation or material | 25 |
| misstatement in
furnishing
information to the Department |
|
|
|
SB1925 Enrolled |
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LRB096 11242 ASK 21653 b |
|
| 1 |
| in obtaining or seeking to obtain a license.
| 2 |
| (2) Violation of any provision of this Act or the rules | 3 |
| promulgated
pursuant
to this
Act.
| 4 |
| (3) Conviction of or entry of a plea of guilty or nolo | 5 |
| contendere to any crime that is a felony under the laws of | 6 |
| the United States or any state or territory thereof, or | 7 |
| that is a misdemeanor , an essential element of which is | 8 |
| dishonesty ,
or
any crime that is directly related to the | 9 |
| practice of the profession. fraud, or
larceny, | 10 |
| embezzlement, or obtaining money, property, or credit by | 11 |
| false
pretenses or by means of
a confidence game, | 12 |
| conviction in this or another state of a crime that is a
| 13 |
| felony under the laws of
this State, or conviction of a | 14 |
| felony in a federal court.
| 15 |
| (4) Being adjudged to be a person under legal | 16 |
| disability or subject to
involuntary
admission or to meet | 17 |
| the standard for judicial admission as provided in the
| 18 |
| Mental Health and
Developmental Disabilities Code.
| 19 |
| (5) Discipline of a licensee by another state, the | 20 |
| District of Columbia, a
territory of
the United States, a | 21 |
| foreign nation, a governmental agency, or any other entity
| 22 |
| authorized to impose
discipline if at least one of the | 23 |
| grounds for that discipline is the same as or
the | 24 |
| equivalent to one of
the grounds for discipline set forth | 25 |
| in this Act or for failing to report to
the Department, | 26 |
| within 30 days,
any adverse final action taken against the |
|
|
|
SB1925 Enrolled |
- 57 - |
LRB096 11242 ASK 21653 b |
|
| 1 |
| licensee by any other licensing
jurisdiction,
government | 2 |
| agency, law enforcement agency, or court, or liability for | 3 |
| conduct
that would constitute
grounds for action as set | 4 |
| forth in this Act.
| 5 |
| (6) Engaging in the practice of auctioneering, | 6 |
| conducting an auction, or
providing an
auction service | 7 |
| without a license or after the license was expired, | 8 |
| revoked,
suspended, or terminated
or while the license was | 9 |
| inoperative.
| 10 |
| (7) Attempting to subvert or cheat on the auctioneer | 11 |
| exam or any
continuing
education exam, or aiding or | 12 |
| abetting another to do the same.
| 13 |
| (8) Directly or indirectly giving to or receiving from | 14 |
| a person, firm,
corporation,
partnership, or association a | 15 |
| fee, commission, rebate, or other form of
compensation for | 16 |
| professional
service not actually or personally rendered , | 17 |
| except that an auctioneer licensed under this Act may | 18 |
| receive a fee from another licensed auctioneer from this | 19 |
| State or jurisdiction for the referring of a client or | 20 |
| prospect for auction services to the licensed auctioneer .
| 21 |
| (9) Making any substantial misrepresentation or | 22 |
| untruthful advertising.
| 23 |
| (10) Making any false promises of a character likely to | 24 |
| influence,
persuade,
or
induce.
| 25 |
| (11) Pursuing a continued and flagrant course of | 26 |
| misrepresentation or the
making of
false promises through a |
|
|
|
SB1925 Enrolled |
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LRB096 11242 ASK 21653 b |
|
| 1 |
| licensee, agent, employee, advertising, or otherwise.
| 2 |
| (12) Any misleading or untruthful advertising, or | 3 |
| using any trade name or
insignia
of membership in any | 4 |
| auctioneer association or organization of which the
| 5 |
| licensee is not a member.
| 6 |
| (13) Commingling funds of others with his or her own | 7 |
| funds or failing to
keep
the
funds of others in an escrow | 8 |
| or trustee account.
| 9 |
| (14) Failure to account for, remit, or return any | 10 |
| moneys, property, or
documents
coming into his or her | 11 |
| possession that belong to others, acquired through the
| 12 |
| practice of
auctioneering, conducting an auction, or | 13 |
| providing an auction service within 30
days of the written
| 14 |
| request from the owner of said moneys, property, or | 15 |
| documents.
| 16 |
| (15) Failure to maintain and deposit into a special | 17 |
| account, separate and
apart from
any personal or other | 18 |
| business accounts, all moneys belonging to others
| 19 |
| entrusted to a licensee while
acting as an auctioneer, | 20 |
| associate auctioneer, auction firm, or as a temporary
| 21 |
| custodian of the funds
of others.
| 22 |
| (16) Failure to make available to Department
personnel | 23 |
| during normal business
hours
all
escrow and trustee records | 24 |
| and related documents maintained in connection with
the | 25 |
| practice of
auctioneering, conducting an auction, or | 26 |
| providing an auction service within 24
hours after a |
|
|
|
SB1925 Enrolled |
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LRB096 11242 ASK 21653 b |
|
| 1 |
| request
from Department personnel.
| 2 |
| (17) Making or filing false records or reports in his | 3 |
| or her practice,
including but not
limited to false records | 4 |
| or reports filed with State agencies.
| 5 |
| (18) Failing to voluntarily furnish copies of all | 6 |
| written instruments
prepared by the
auctioneer and signed | 7 |
| by all parties to all parties at the time of execution.
| 8 |
| (19) Failing to provide information within 30 days in | 9 |
| response to a
written
request
made by the Department.
| 10 |
| (20) Engaging in any act that constitutes a violation | 11 |
| of Section 2-102,
3-103, or
3-105 of the Illinois Human | 12 |
| Rights Act.
| 13 |
| (21) (Blank) Causing a payment from the Auction | 14 |
| Recovery Fund .
| 15 |
| (22) Engaging in dishonorable, unethical, or | 16 |
| unprofessional conduct of a
character
likely to deceive, | 17 |
| defraud, or harm the public.
| 18 |
| (23) Offering or advertising real estate for sale or | 19 |
| lease at auction
without
a valid
broker or salesperson's | 20 |
| license under the Real Estate License Act of 1983, or
any | 21 |
| successor Act,
unless exempt from licensure under the terms | 22 |
| of the Real Estate License Act of 2000 2001 , or any
| 23 |
| successor Act.
| 24 |
| (24) Inability to practice the profession with | 25 |
| reasonable judgement, skill, or safety as a result of a | 26 |
| physical illness, including, but not limited to, |
|
|
|
SB1925 Enrolled |
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LRB096 11242 ASK 21653 b |
|
| 1 |
| deterioration through the aging process or loss of motor | 2 |
| skill, or a mental illness or disability. Physical illness, | 3 |
| mental illness, or other impairment including without | 4 |
| limitation deterioration through the aging process, mental | 5 |
| illness, or disability that results in the inability to | 6 |
| practice the profession with reasonable judgment, skill, | 7 |
| and safety. | 8 |
| (25) A pattern of practice or other behavior that
| 9 |
| demonstrates incapacity or incompetence to practice under | 10 |
| this Act. | 11 |
| (26) Being named as a perpetrator in an indicated
| 12 |
| report by the Department of Children and Family Services | 13 |
| under the Abused and Neglected Child Reporting Act and upon | 14 |
| proof by clear and convincing evidence that the licensee | 15 |
| has caused a child to be an abused child or a neglected | 16 |
| child as defined in the Abused and Neglected Child | 17 |
| Reporting Act. | 18 |
| (27) Inability to practice with reasonable judgement, | 19 |
| skill, or safety as a result of habitual or excessive use | 20 |
| or addiction to alcohol, narcotics, stimulants, or any | 21 |
| other chemical agent or drug. Habitual or excessive use or | 22 |
| addiction to
alcohol, narcotics, stimulants, or any other | 23 |
| chemical agent or drug that results in a licensee's | 24 |
| inability to practice with reasonable judgment, skill, or | 25 |
| safety. | 26 |
| (28) Wilfully failing to report an instance of
|
|
|
|
SB1925 Enrolled |
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LRB096 11242 ASK 21653 b |
|
| 1 |
| suspected child abuse or neglect as required by the Abused | 2 |
| 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, |
|
|
|
SB1925 Enrolled |
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LRB096 11242 ASK 21653 b |
|
| 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.
In instances in which the Secretary | 7 |
| immediately suspends a person's license under this Section, a | 8 |
| hearing on that person's license must be convened by the | 9 |
| Department within 21 days after the suspension and completed | 10 |
| without appreciable delay. The Department and Board shall have | 11 |
| the authority to review the subject individual's record of | 12 |
| treatment and counseling regarding the impairment to the extent | 13 |
| permitted by applicable federal statutes and regulations | 14 |
| safeguarding the confidentiality of medical records. | 15 |
| An individual licensed under this Act and affected under | 16 |
| this Section shall be afforded an opportunity to demonstrate to | 17 |
| the Department or Board that he or she can resume practice in | 18 |
| compliance with acceptable and prevailing standards under the | 19 |
| provisions of his or her license. | 20 |
| In enforcing this Section, the Department or Board, upon a | 21 |
| showing of a possible violation, may compel an individual | 22 |
| licensed to practice under this Act, or who has applied for | 23 |
| licensure under this Act, to submit to a mental or physical | 24 |
| examination, or both, as required by and at the expense of the | 25 |
| Department. The Department or Board may order the examining | 26 |
| physician to present testimony concerning the mental or |
|
|
|
SB1925 Enrolled |
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LRB096 11242 ASK 21653 b |
|
| 1 |
| physical examination of the licensee or applicant. No | 2 |
| information shall be excluded by reason of any common law or | 3 |
| statutory privilege relating to communications between the | 4 |
| licensee or applicant and the examining physician. The | 5 |
| examining physicians shall be specifically designated by the | 6 |
| Board or Department. The individual to be examined may have, at | 7 |
| his or her own expense, another physician of his or her choice | 8 |
| present during all aspects of this examination. Failure of an | 9 |
| individual to submit to a mental or physical examination when | 10 |
| directed shall be grounds for suspension of his or her license | 11 |
| until the individual submits to the examination, if the | 12 |
| Department finds that, after notice and hearing, the refusal to | 13 |
| submit to the examination was without reasonable cause.
| 14 |
| (Source: P.A. 95-572, eff. 6-1-08 .)
| 15 |
| (225 ILCS 407/20-40)
| 16 |
| (Section scheduled to be repealed on January 1, 2010)
| 17 |
| Sec. 20-40. Hearings; record of hearings.
| 18 |
| (a) The Department shall have the authority to conduct | 19 |
| hearings before the Advisory
Board
on
proceedings to revoke, | 20 |
| suspend, place on probation or administrative review,
| 21 |
| reprimand, or refuse
to issue or renew any license under this | 22 |
| Act or to impose a civil penalty not
to exceed $10,000 upon
any | 23 |
| licensee under this Act.
| 24 |
| (b) The Department, at its expense, shall preserve a record | 25 |
| of all proceedings at the formal hearing of any case. The |
|
|
|
SB1925 Enrolled |
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LRB096 11242 ASK 21653 b |
|
| 1 |
| notice of hearing, complaint, all other documents in the nature | 2 |
| of pleadings, written motions filed in the proceedings, the | 3 |
| transcripts of testimony, the report of the Board, and orders | 4 |
| of the Department shall be in the record of the proceeding. The | 5 |
| Department shall furnish a transcript of such record to any | 6 |
| person interested in such hearing upon payment of the fee | 7 |
| required under Section 2105-115 of the Department of | 8 |
| Professional Regulation Law (20 ILCS 2105/2105-115). The | 9 |
| Department, at its expense, shall preserve a record of all | 10 |
| proceedings at the
formal hearing of
any case involving the | 11 |
| discipline of any license under this Act. The notice of
| 12 |
| hearing, complaint and
all other documents in the nature of | 13 |
| pleadings and written motions filed in the
proceedings, the
| 14 |
| transcript of testimony, the report of the Board, and the order | 15 |
| of the Department shall
be the record of
proceeding. At all | 16 |
| hearings or prehearing conference, the Department and the | 17 |
| respondent
shall be entitled
to have a court reporter in | 18 |
| attendance for purposes of transcribing the
proceeding or | 19 |
| prehearing
conference.
| 20 |
| (Source: P.A. 95-572, eff. 6-1-08 .)
| 21 |
| (225 ILCS 407/20-43 new)
| 22 |
| Sec. 20-43. Investigations; notice and hearing. The | 23 |
| Department may investigate the actions of any applicant or | 24 |
| person rendering or offering to render auction services, or | 25 |
| holding or claiming to hold a license as a licensed auctioneer. |
|
|
|
SB1925 Enrolled |
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LRB096 11242 ASK 21653 b |
|
| 1 |
| At least 30 days before any disciplinary hearing under this | 2 |
| Act, the Department shall: (i) notify the accused in writing of | 3 |
| the charges made and the time and place of the hearing; (ii) | 4 |
| direct the accused to file with the Board a written answer | 5 |
| under oath to the charges within 20 days of receiving service | 6 |
| of the notice; and (iii) inform the accused that if he or she | 7 |
| fails to file an answer to the charges within 20 days of | 8 |
| receiving service of the notice, a default judgement may be | 9 |
| entered against him or her, or his or her license may be | 10 |
| suspended, revoked, placed on probationary status, or other | 11 |
| disciplinary action taken with regard to the license as the | 12 |
| Department may consider proper, including, but not limited to, | 13 |
| limiting the scope, nature, or extent of the licensee's | 14 |
| practice, or imposing a fine. | 15 |
| At the time and place of the hearing fixed in the notice, | 16 |
| the Board shall proceed to hear the charges and the accused or | 17 |
| his or her counsel shall be accorded ample opportunity to | 18 |
| present any pertinent statements, testimony, evidence, and | 19 |
| arguments in his or her defense. The Board may continue the | 20 |
| hearing when it deems it appropriate. | 21 |
| Written notice of the hearing may be served by personal | 22 |
| delivery or by certified mail to the last known address of | 23 |
| record, unless specified as otherwise by the accused in his or | 24 |
| her last communication with the Department.
| 25 |
| (225 ILCS 407/20-50)
|
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| 1 |
| (Section scheduled to be repealed on January 1, 2010)
| 2 |
| Sec. 20-50. Findings and recommendations. Board's findings | 3 |
| of fact, conclusions of law, and
recommendation to the | 4 |
| Secretary. At the conclusion of the hearing, the Board shall | 5 |
| present to the Secretary a written report of its findings of | 6 |
| fact, conclusions of law, and recommendations. The report shall | 7 |
| contain a finding whether or not the accused person violated | 8 |
| this Act or any rules promulgated pursuant to this Act. The | 9 |
| Board shall specify the nature of any violations and shall make | 10 |
| its recommendations to the Secretary. In making | 11 |
| recommendations for any disciplinary action, the Board may take | 12 |
| into consideration all facts and circumstances bearing upon the | 13 |
| reasonableness of the conduct of the accused, including, but | 14 |
| not limited to, previous discipline of the accused by the | 15 |
| Department, intent, degree of harm to the public and likelihood | 16 |
| of future harm to the public, any restitution made by the | 17 |
| accused, and whether the incident or incidents contained in the | 18 |
| complaint appear to be isolated or represent a continuing | 19 |
| pattern of conduct. In making its recommendations for | 20 |
| discipline, the Board shall endeavor to ensure that the | 21 |
| severity of the discipline recommended is reasonably | 22 |
| proportional to the severity of the violation. | 23 |
| The report of the Board's findings of fact, conclusions of | 24 |
| law, and recommendations shall be the basis for the | 25 |
| Department's decision to refuse to issue, restore, or renew a | 26 |
| license, or to take any other disciplinary action. If the |
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| Secretary disagrees with the recommendations of the Board, the | 2 |
| Secretary may issue an order in contravention of the Board | 3 |
| recommendations. The report's findings are not admissible in | 4 |
| evidence against the person in a criminal prosecution brought | 5 |
| for a violation of this Act, but the hearing and findings are | 6 |
| not a bar to a criminal prosecution for the violation of this | 7 |
| Act. At the conclusion of the hearing, the Advisory Board shall
| 8 |
| present to the Secretary a written report of its findings of | 9 |
| facts, conclusions of law, and
recommendations
regarding | 10 |
| discipline or a fine. The report shall contain a finding | 11 |
| whether or
not the accused person
violated this Act or failed | 12 |
| to comply with the conditions required in this Act.
The | 13 |
| Advisory Board
shall specify the nature of the violation or | 14 |
| failure to comply and shall make
its recommendations to
the | 15 |
| Secretary.
| 16 |
| If the Secretary disagrees in any regard with the report of | 17 |
| the Advisory
Board, the Secretary
may issue an order in | 18 |
| contravention of the report. The Secretary shall provide
a | 19 |
| written report to the Advisory Board on any deviation and shall | 20 |
| specify with
particularity the
reasons for that action in the | 21 |
| final order.
| 22 |
| (Source: P.A. 95-572, eff. 6-1-08 .)
| 23 |
| (225 ILCS 407/20-55)
| 24 |
| (Section scheduled to be repealed on January 1, 2010)
| 25 |
| Sec. 20-55. Appointment of a hearing officer. Motion for |
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| rehearing; rehearing. The Secretary has the authority to | 2 |
| appoint any attorney licensed to practice law in the State of | 3 |
| Illinois to serve as the hearing officer in any action for | 4 |
| refusal to issue, restore, or renew a license or to discipline | 5 |
| a licensee. The hearing officer has full authority to conduct | 6 |
| the hearing. Any Board member may attend hearings. The hearing | 7 |
| officer shall report his or her findings of fact, conclusions | 8 |
| of law, and recommendations to the Board. The Board shall | 9 |
| review the report of the hearing officer and present its | 10 |
| findings of fact, conclusions of law, and recommendations to | 11 |
| the Secretary and to all parties to the proceedings. | 12 |
| If the Secretary disagrees with the recommendations of the | 13 |
| Board or hearing officer, the Secretary may issue an order in | 14 |
| contravention of the Board's recommendations. In any hearing | 15 |
| involving
the
discipline of
a license, a copy of the Advisory | 16 |
| Board's report shall be served upon the
respondent by the | 17 |
| Department, either
personally or as provided in this Act for | 18 |
| the service of the notice of hearing.
Within 20 calendar
days | 19 |
| after the service, the respondent may present to the Department | 20 |
| a motion in writing
for a rehearing,
which shall specify the | 21 |
| particular grounds for rehearing.
| 22 |
| If no motion for rehearing is filed, then upon the | 23 |
| expiration of the time
specified for filing
a motion, or if a | 24 |
| motion for rehearing is denied, then upon denial, the Secretary | 25 |
| may enter an
order in accordance with the recommendations of | 26 |
| the Advisory Board, except as
provided for in this
Act. If the |
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| respondent orders a transcript of the record from the reporting
| 2 |
| service and pays for it
within the time for filing a motion for | 3 |
| rehearing, the 20 calendar day period
within which a motion
for | 4 |
| rehearing may be filed shall commence upon the delivery of the | 5 |
| transcript
to the respondent.
| 6 |
| Whenever the Secretary is not satisfied that substantial | 7 |
| justice has been
done in the hearing or
in the Advisory Board's | 8 |
| report, the Secretary may order a rehearing by the
same.
| 9 |
| (Source: P.A. 95-572, eff. 6-1-08 .)
| 10 |
| (225 ILCS 407/20-56 new)
| 11 |
| Sec. 20-56. Board; rehearing. At the conclusion of the | 12 |
| hearing, a copy of the Board's report shall be served upon the | 13 |
| applicant or licensee by the Department, either personally or | 14 |
| as provided in this Act for the service of a notice of hearing. | 15 |
| Within 20 days after service, the applicant or licensee may | 16 |
| present to the Department a motion in writing for a rehearing, | 17 |
| which shall specify the particular grounds for rehearing. The | 18 |
| Department may respond to the motion for rehearing within 20 | 19 |
| days after its service on the Department. If no motion for | 20 |
| rehearing is filed, then upon the expiration of the time | 21 |
| specified for filing such a motion, or if a motion for | 22 |
| rehearing is denied, then upon denial, the Secretary may enter | 23 |
| an order in accordance with recommendations of the Board except | 24 |
| as provided in Section 120 of this Act. If the applicant or | 25 |
| licensee orders from the reporting service and pays for a |
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| 1 |
| transcript of the record within the time for filing a motion | 2 |
| for rehearing, the 20-day period within which a motion may be | 3 |
| filed shall commence upon the delivery of the transcript to the | 4 |
| applicant or licensee.
| 5 |
| (225 ILCS 407/20-80)
| 6 |
| (Section scheduled to be repealed on January 1, 2010)
| 7 |
| Sec. 20-80. Summary suspension. The Secretary
may | 8 |
| temporarily suspend
any
license pursuant to this Act, without | 9 |
| hearing, simultaneously with the
institution of proceedings | 10 |
| for
a hearing provided for in this Act, if the Secretary finds | 11 |
| that the evidence
indicates that the
public interest, safety, | 12 |
| or welfare requires emergency action. In the event
that the | 13 |
| Secretary
temporarily suspends any license without a hearing, a | 14 |
| hearing shall be commenced held
within 30 calendar days
after | 15 |
| the suspension has begun. The suspended licensee may seek a | 16 |
| continuance
of the hearing
during which the suspension shall | 17 |
| remain in effect. The proceeding shall be
concluded without
| 18 |
| appreciable delay.
| 19 |
| (Source: P.A. 95-572, eff. 6-1-08 .)
| 20 |
| (225 ILCS 407/30-7 new)
| 21 |
| Sec. 30-7. Department; powers and duties. The Department | 22 |
| shall exercise the powers and duties prescribed by the Civil | 23 |
| Administrative Code of Illinois for the administration of | 24 |
| licensing acts and shall exercise such other powers and duties |
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| as are prescribed by this Act. The Department may contract with | 2 |
| third parties for services necessary for the proper | 3 |
| administration of this Act. | 4 |
| (225 ILCS 407/30-13 new)
| 5 |
| Sec. 30-13. The General Professions Dedicated Fund. All of | 6 |
| the fees, fines, and penalties collected under this Act shall | 7 |
| be deposited into the General Professions Dedicated Fund. The | 8 |
| monies deposited into the General Professions Dedicated Fund | 9 |
| shall be used by the Department, as appropriated, for the | 10 |
| ordinary and contingent expenses of the Department. Monies in | 11 |
| the General Professions Dedicated Fund may be invested and | 12 |
| reinvested, with all earnings received from investments to be | 13 |
| deposited into that Fund and used for the same purposes as fees | 14 |
| deposited in that Fund.
| 15 |
| (225 ILCS 407/30-30)
| 16 |
| (Section scheduled to be repealed on January 1, 2010)
| 17 |
| Sec. 30-30. Auction Advisory Board.
| 18 |
| (a) There is hereby created the Auction Advisory Board. The | 19 |
| Advisory Board
shall consist
of 7 members and shall be | 20 |
| appointed by the Secretary. In making the
appointments, the | 21 |
| Secretary shall give due consideration to the recommendations | 22 |
| by members and
organizations
of the industry, including but not | 23 |
| limited to the Illinois State Auctioneers
Association. Five
| 24 |
| members of the Advisory Board shall be licensed auctioneers, |
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| except that for
the initial
appointments, these members may be | 2 |
| persons without a license, but who have been
auctioneers for
at | 3 |
| least 5 years preceding their appointment to the Advisory | 4 |
| Board. One member
shall be a public
member who represents the | 5 |
| interests of consumers and who is not licensed under
this Act | 6 |
| or the
spouse of a person licensed under this Act or who has | 7 |
| any responsibility for
management or
formation of policy of or | 8 |
| any financial interest in the auctioneering
profession or any | 9 |
| other
connection with the profession. One member shall be | 10 |
| actively engaged in the
real estate industry
and licensed as a | 11 |
| broker or salesperson. The Advisory Board shall annually elect | 12 |
| one of its members to serve as Chairperson.
| 13 |
| (b) Members shall be appointed for a term of 4 years, | 14 |
| except that of the
initial appointments,
3 members shall be | 15 |
| appointed to serve a term of 3 years and 4 members shall be
| 16 |
| appointed to serve
a term of 4 years. The Secretary shall fill | 17 |
| a
vacancy for the remainder
of any unexpired term. Each member | 18 |
| shall serve on the Advisory Board until his
or her successor
is | 19 |
| appointed and qualified. No person shall be appointed to serve | 20 |
| more than
2 terms, including
the unexpired portion of a term | 21 |
| due to vacancy. To the extent practicable, the Secretary
shall
| 22 |
| appoint members to insure that the various geographic regions | 23 |
| of the State are
properly represented
on the Advisory Board.
| 24 |
| (c) Four A majority of the Advisory Board members currently | 25 |
| appointed shall
constitute a
quorum. A quorum is required for | 26 |
| all Board decisions A vacancy in the membership of the Advisory |
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| Board shall not impair the
right of a quorum
to exercise all of | 2 |
| the rights and perform all the duties of the Board .
| 3 |
| (d) Each member of the Advisory Board shall receive a per | 4 |
| diem stipend in an
amount to be
determined by the Secretary. | 5 |
| Each member shall be paid his or her necessary
expenses while
| 6 |
| engaged in the performance of his or her duties.
| 7 |
| (e) Members of the Advisory Board shall be immune from suit | 8 |
| in an action
based
upon any
disciplinary proceedings or other | 9 |
| acts performed in good faith as members of
the Advisory Board.
| 10 |
| (f) The Advisory Board shall meet monthly or as convened by | 11 |
| the Department Chairperson .
| 12 |
| (g) The Advisory Board shall advise the Department on | 13 |
| matters of licensing and
education and
make recommendations to | 14 |
| the Department on those matters and shall hear and make
| 15 |
| recommendations
to the Secretary on disciplinary matters that | 16 |
| require a formal evidentiary
hearing.
| 17 |
| (h) The Secretary shall give due consideration to all | 18 |
| recommendations of
the
Advisory
Board.
| 19 |
| (Source: P.A. 95-572, eff. 6-1-08 .)
| 20 |
| (225 ILCS 407/10-15 rep.)
| 21 |
| (225 ILCS 407/10-25 rep.)
| 22 |
| (225 ILCS 407/15-20 rep.)
| 23 |
| (225 ILCS 407/20-45 rep.)
| 24 |
| (225 ILCS 407/20-90 rep.)
| 25 |
| (225 ILCS 407/30-15 rep.)
|
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| 1 |
| (225 ILCS 407/30-20 rep.)
| 2 |
| (225 ILCS 407/30-25 rep.)
| 3 |
| (225 ILCS 407/30-35 rep.)
| 4 |
| (225 ILCS 407/30-40 rep.)
| 5 |
| (225 ILCS 407/30-45 rep.)
| 6 |
| Section 25. The Auction License Act is amended by repealing | 7 |
| Sections 10-15, 10-25, 15-20, 20-45, 20-90, 30-15, 30-20, | 8 |
| 30-25, 30-35, 30-40 and 30-45.
| 9 |
| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
|
|