Full Text of HB2399 096th General Assembly
HB2399 96TH GENERAL ASSEMBLY
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB2399
Introduced 2/19/2009, by Rep. Angelo Saviano - Robert Rita SYNOPSIS AS INTRODUCED: |
|
|
Amends the Illinois Architecture Practice Act of 1989. Changes various references from the Director of Professional Regulation to the Secretary of the Department of Financial and Professional Regulation. Changes provisions concerning the regulation of certain acts in performing architecture under a contract. Deletes a provision requiring the Illinois Architecture Licensing Board to submit a written report concerning the issuance or denial of licenses. In provisions concerning the examination of an applicant for a license, provides that if an applicant fails to apply within one year,
the applicant shall be required to again take and pass the examination unless the Department upon recommendation of the Board determine that there is sufficient cause for the delay that is not due to the fault or the applicant. Contains provisions for the restoration of licensure for retired architects and authorizes the use of the title "Architect, Retired". Provides that the roster of licensees and registrants roster shall be
organized by discipline and available by discipline upon request (instead of written request) and payment of the required fee. Changes provisions concerning the required notice to the Department for the termination of a managing agent. Changes provisions concerning the refusal, suspension, and revocation of licenses by the Secretary. Changes the fine imposed for unlicensed practice from $5,000 to $10,000. Adds provisions concerning the administration of oaths by the Secretary. Contains provisions concerning the restoration of a revoked or suspended license. Repeals a provision concerning the issuance of a license. Effective immediately.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB2399 |
|
LRB096 08465 ASK 18584 b |
|
| 1 |
| AN ACT concerning professional regulation.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Illinois Architecture Practice Act of 1989 | 5 |
| is amended by changing Sections 3, 4, 5, 8, 9, 10, 12, 19, 20, | 6 |
| 21, 22, 23, 23.5, 24, 25, 26, 28, 29, 30, 31, 33, and 36 and by | 7 |
| adding Section 17.5 as follows:
| 8 |
| (225 ILCS 305/3) (from Ch. 111, par. 1303)
| 9 |
| (Section scheduled to be repealed on January 1, 2010)
| 10 |
| Sec. 3. Application of Act. Nothing in this Act shall be
| 11 |
| deemed or construed to prevent the practice of structural | 12 |
| engineering as
defined in the Structural Engineering Practice | 13 |
| Act of 1989, the practice
of professional engineering as | 14 |
| defined in the Professional Engineering
Practice Act of 1989, | 15 |
| or the preparation of documents used to prescribe
work to be | 16 |
| done inside buildings for non-loadbearing interior | 17 |
| construction,
furnishings, fixtures and equipment , or the | 18 |
| offering or preparation of
environmental analysis, feasibility | 19 |
| studies, programming or construction
management services by | 20 |
| persons other than those licensed in accordance with
this Act, | 21 |
| the Structural Engineering Practice Act of 1989 or
the | 22 |
| Professional Engineering Practice Act of 1989 .
| 23 |
| Nothing contained in this Act shall prevent the draftsmen, |
|
|
|
HB2399 |
- 2 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| students,
project representatives and other employees of those | 2 |
| lawfully practicing as
licensed architects under the | 3 |
| provisions of this Act, from acting under the responsible
| 4 |
| direct supervision and control of their employers, or to | 5 |
| prevent the
employment of project representatives for | 6 |
| enlargement or alteration of
buildings or any parts thereof, or | 7 |
| prevent such project representatives
from acting under the | 8 |
| responsible direct supervision and control of the licensed
| 9 |
| architect by whom the construction documents including | 10 |
| drawings and
specifications of any such building, enlargement | 11 |
| or alteration were prepared.
| 12 |
| Nothing in this Act or any other Act shall prevent a | 13 |
| licensed
architect from practicing interior design services. | 14 |
| Nothing in this Act
shall be construed as requiring the | 15 |
| services of an interior designer for
the interior designing of | 16 |
| a single family residence.
| 17 |
| The involvement of a licensed architect is not required for | 18 |
| the following:
| 19 |
| (A) The building, remodeling or repairing of any | 20 |
| building
or other structure outside of the corporate limits | 21 |
| of any city or village,
where such building or structure is | 22 |
| to be, or is used for
farm purposes, or for the purposes of | 23 |
| outbuildings or auxiliary buildings
in connection with | 24 |
| such farm premises.
| 25 |
| (B) The construction, remodeling or repairing of a | 26 |
| detached
single family residence on a single lot.
|
|
|
|
HB2399 |
- 3 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| (C) The construction, remodeling or repairing of a
| 2 |
| two-family residence of wood frame construction on a single | 3 |
| lot, not more
than two stories and basement in height.
| 4 |
| (D) Interior design services for buildings which
do not | 5 |
| involve life safety or structural changes.
| 6 |
| However, when an ordinance of a unit of local government | 7 |
| requires the involvement of a licensed architect for any | 8 |
| buildings included in the preceding paragraphs (A) through (D), | 9 |
| the requirements of this Act shall apply. All buildings not | 10 |
| included in the preceding paragraphs (A)
through (D), including | 11 |
| multi-family buildings and buildings previously
exempt from | 12 |
| the involvement of a licensed architect under those paragraphs | 13 |
| but subsequently non-exempt due to a change
in occupancy or | 14 |
| use, are subject to the requirements of this Act. Interior
| 15 |
| alterations which result in life safety or structural changes | 16 |
| of the
building are subject to the requirements of this Act.
| 17 |
| (Source: P.A. 92-16, eff. 6-28-01; 93-1009, eff. 1-1-05.)
| 18 |
| (225 ILCS 305/4) (from Ch. 111, par. 1304)
| 19 |
| (Section scheduled to be repealed on January 1, 2010)
| 20 |
| Sec. 4. Definitions. In this Act:
| 21 |
| "Address of record" means the designated address recorded | 22 |
| by the Department in the applicant's or licensee's application | 23 |
| file or license file maintained by the Department's licensure | 24 |
| maintenance unit. It is the duty of the applicant or licensee | 25 |
| to inform the Department of any change of address, and such |
|
|
|
HB2399 |
- 4 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| changes must be made either through the Department's website. | 2 |
| (a) "Department" means the Department of Financial and | 3 |
| Professional Regulation.
| 4 |
| (b) "Director" means the Director of Professional | 5 |
| Regulation.
| 6 |
| (c) "Board" means the Illinois Architecture Licensing | 7 |
| Board appointed by the Secretary Director .
| 8 |
| (d) "Public health" as related to the practice of | 9 |
| architecture means the state of the well-being of the body or | 10 |
| mind of the building user.
| 11 |
| (e) "Public safety" as related to the practice of | 12 |
| architecture means the state of being reasonably free from risk | 13 |
| of danger, damage, or injury.
| 14 |
| (f) "Public welfare" as related to the practice of | 15 |
| architecture means the well-being of the building user | 16 |
| resulting from the state of a physical environment that | 17 |
| accommodates human activity.
| 18 |
| "Secretary" means the Secretary of the Department of | 19 |
| Financial and Professional Regulation. | 20 |
| (Source: P.A. 93-1009, eff. 1-1-05.)
| 21 |
| (225 ILCS 305/5) (from Ch. 111, par. 1305)
| 22 |
| (Section scheduled to be repealed on January 1, 2010)
| 23 |
| Sec. 5. Architect defined; Acts constituting practice. | 24 |
| (a) An
architect is a person who is qualified by education, | 25 |
| training, experience,
and examination, and who is licensed |
|
|
|
HB2399 |
- 5 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| under the laws of this State, to
practice architecture.
| 2 |
| (b) The practice of architecture within the meaning and | 3 |
| intent of this Act
includes the offering or furnishing of | 4 |
| professional services, such as
consultation, environmental | 5 |
| analysis, feasibility studies, programming,
planning, | 6 |
| aesthetic and structural design, technical submissions
| 7 |
| consisting of drawings and specifications and other documents | 8 |
| required in
the construction process, administration of | 9 |
| construction contracts, project
representation, and | 10 |
| construction management, in connection with the
construction | 11 |
| of any private or public building, building structure,
building | 12 |
| project, or addition to or alteration or restoration thereof.
| 13 |
| (c) Nothing contained in this Section imposes upon a person | 14 |
| licensed under this Act the responsibility for the performance | 15 |
| of any of the activities set forth in subjection (b) of this | 16 |
| Section, unless such person specifically contracts to provide | 17 |
| the function. | 18 |
| (Source: P.A. 92-360, eff. 1-1-02.)
| 19 |
| (225 ILCS 305/8) (from Ch. 111, par. 1308)
| 20 |
| (Section scheduled to be repealed on January 1, 2010)
| 21 |
| Sec. 8. Powers and duties of the Department.
| 22 |
| (1) Subject to the provisions of this Act, the Department | 23 |
| shall
exercise the following functions, powers, and duties:
| 24 |
| (a) conduct examinations to ascertain the | 25 |
| qualifications and fitness
of applicants for licensure as |
|
|
|
HB2399 |
- 6 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| licensed architects, and pass upon the
qualifications and | 2 |
| fitness of applicants for licensure by endorsement;
| 3 |
| (b) prescribe rules for a method of examination of | 4 |
| candidates;
| 5 |
| (c) prescribe rules defining what constitutes a | 6 |
| school, college or
university, or department of a | 7 |
| university, or other institution, reputable
and in good | 8 |
| standing, to determine whether or not a school, college or
| 9 |
| university, or department of a university, or other | 10 |
| institution is
reputable and in good standing by reference | 11 |
| to compliance with such
rules, and to terminate the | 12 |
| approval of such school, college or university
or | 13 |
| department of a university or other institution that | 14 |
| refuses admittance
to applicants solely on the basis of | 15 |
| race, color, creed, sex or national
origin. The Department | 16 |
| may adopt, as its own rules relating to education
| 17 |
| requirements, those guidelines published from time to time | 18 |
| by the National
Architectural Accrediting Board;
| 19 |
| (d) prescribe rules for diversified professional | 20 |
| training;
| 21 |
| (e) conduct oral interviews, disciplinary conferences | 22 |
| and formal
evidentiary hearings on proceedings to impose | 23 |
| fines or to suspend, revoke,
place on probationary status, | 24 |
| reprimand, and refuse to issue or restore any
license | 25 |
| issued under the provisions of this Act for the reasons set | 26 |
| forth
in Section 22 of this Act;
|
|
|
|
HB2399 |
- 7 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| (f) issue licenses to those who meet the requirements | 2 |
| of this Act;
| 3 |
| (g) formulate and publish rules necessary or | 4 |
| appropriate to carrying out
the provisions of this Act; and
| 5 |
| (h) maintain membership in the National Council of | 6 |
| Architectural
Registration Boards and participate in | 7 |
| activities of the Council by
designation of individuals for | 8 |
| the various classifications of membership and
the | 9 |
| appointment of delegates for attendance at regional and | 10 |
| national meetings
of the Council. All costs associated with | 11 |
| membership and attendance of such
delegates to any national | 12 |
| meetings may be funded from the Design Professionals
| 13 |
| Administration and Investigation Fund.
| 14 |
| (2) Prior to issuance of any final decision or order that | 15 |
| deviates from
any report or recommendation of the Board | 16 |
| relating to the qualification of
applicants, discipline of | 17 |
| licensees or registrants, or promulgation of rules,
the | 18 |
| Director shall notify the Board in writing with an explanation | 19 |
| of the deviation and provide a reasonable time for the Board to | 20 |
| submit
written comments to the Director regarding the proposed
| 21 |
| action. In the event that the Board fails or declines to submit
| 22 |
| written comments within 30 days of the notification, the | 23 |
| Director
may issue a final decision or order consistent with | 24 |
| the
Director's original decision. The Department may at any | 25 |
| time seek the expert
advice and knowledge of the Board on any | 26 |
| matter relating to the enforcement of
this Act.
|
|
|
|
HB2399 |
- 8 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| (Source: P.A. 91-133, eff. 1-1-00; 92-16, eff. 6-28-01.)
| 2 |
| (225 ILCS 305/9) (from Ch. 111, par. 1309)
| 3 |
| (Section scheduled to be repealed on January 1, 2010)
| 4 |
| Sec. 9. Creation of the Board. The Secretary Director shall | 5 |
| appoint an
Architecture Licensing Board which will consist of 6 | 6 |
| members.
Five members
shall be licensed architects, one of whom | 7 |
| shall be a tenured member of the
architectural faculty of the | 8 |
| University of Illinois. The other 4 shall be
licensed | 9 |
| architects, residing in this State, who have been engaged in | 10 |
| the
practice of architecture at least 10 years. In addition to | 11 |
| the 5 licensed
architects, there shall be one public member. | 12 |
| The public member shall be a
voting member and shall not hold a | 13 |
| license as an architect, professional
engineer, structural | 14 |
| engineer or land surveyor.
| 15 |
| Board members shall serve 5 year terms and until their | 16 |
| successors are
appointed and qualified. In making the | 17 |
| designation of
persons to the Board, the Secretary Director | 18 |
| shall give due consideration to
recommendations by members and | 19 |
| organizations of the profession.
| 20 |
| The membership of the Board should reasonably reflect | 21 |
| representation from
the geographic areas in this State.
| 22 |
| No member shall be reappointed to the Board for a term | 23 |
| which would cause
his or her continuous service on the Board to | 24 |
| be longer than 10 successive
years.
Service prior to the | 25 |
| effective date of this Act shall not be considered.
|
|
|
|
HB2399 |
- 9 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| Appointments to fill vacancies shall be made in the same | 2 |
| manner as
original appointments, for the unexpired portion of | 3 |
| the vacated term.
Initial terms shall begin upon the effective | 4 |
| date of this Act and Board
members in office on that date under | 5 |
| the predecessor Act may be appointed
to specific terms as | 6 |
| indicated in this Section.
| 7 |
| Persons holding office as members of the Board under the | 8 |
| Illinois
Architecture Act immediately prior to the effective | 9 |
| date of this Act shall
continue as members of the Board under | 10 |
| this Act until the expiration of the
term for which they were | 11 |
| appointed and until their successors are appointed and
| 12 |
| qualified.
| 13 |
| A quorum of the Board shall consist of a majority of Board | 14 |
| members
currently appointed. A majority vote of the quorum is | 15 |
| required for Board
decisions.
| 16 |
| The Secretary Director may remove any member of the Board | 17 |
| for misconduct,
incompetence, neglect of duty, or for reasons | 18 |
| prescribed by law for
removal of State officials.
| 19 |
| The Secretary Director may remove a member of the Board who | 20 |
| does not attend 2
consecutive meetings.
| 21 |
| Notice of proposed rulemaking shall be transmitted to the | 22 |
| Board and the
Department shall review the response of the Board | 23 |
| and any recommendations
made therein. The Department may, at | 24 |
| any time, seek the expert advice and
knowledge of the Board on | 25 |
| any matter relating to the administration or
enforcement of | 26 |
| this Act.
|
|
|
|
HB2399 |
- 10 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| Members of the Board are immune from suit in any action | 2 |
| based upon
any disciplinary proceedings or other activities | 3 |
| performed in good faith as
members of the Board.
| 4 |
| (Source: P.A. 91-133, eff. 1-1-00.)
| 5 |
| (225 ILCS 305/10) (from Ch. 111, par. 1310)
| 6 |
| (Section scheduled to be repealed on January 1, 2010)
| 7 |
| Sec. 10. Powers and duties of the Board.
| 8 |
| (a) The Board shall hold at
least 3 regular meetings each | 9 |
| year.
| 10 |
| (b) The Board shall annually elect a Chairperson and a Vice | 11 |
| Chairperson who
shall be licensed
architects.
| 12 |
| (c) The Board, upon request by the Department, may make a | 13 |
| curriculum
evaluation to determine if courses conform to the | 14 |
| requirements of approved
architectural programs.
| 15 |
| (d) The Board shall assist the Department in conducting | 16 |
| oral interviews,
disciplinary conferences and formal | 17 |
| evidentiary hearings.
| 18 |
| (e) The Department may, at any time, seek the expert advice | 19 |
| and knowledge
of the Board on any matter relating to the | 20 |
| enforcement of this Act.
| 21 |
| (f) The Board may appoint a subcommittee to serve as a | 22 |
| Complaint Committee
to recommend the disposition of case files | 23 |
| according to procedures established
by rule.
| 24 |
| (g) The Board shall review applicant qualifications to sit | 25 |
| for
the examination or for licensure and shall make |
|
|
|
HB2399 |
- 11 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| recommendations to the
Department. The Department shall review | 2 |
| the Board's recommendations on
applicant qualifications. The | 3 |
| Secretary Director shall notify the Board in writing
with an | 4 |
| explanation of any deviation from the Board's recommendation on
| 5 |
| applicant qualifications. After review of the Secretary's | 6 |
| Director's written
explanation of his or her reasons for | 7 |
| deviation, the Board shall have the
opportunity to comment upon | 8 |
| the Secretary's Director's decision.
| 9 |
| (h) The Board shall submit written comments to the | 10 |
| Secretary Director within 30 days
from
notification of any | 11 |
| final decision or order from the Secretary Director that | 12 |
| deviates
from any report or recommendation of the Board | 13 |
| relating to the qualifications
of applicants, discipline of | 14 |
| licensees or registrants, or promulgation of
rules.
| 15 |
| (Source: P.A. 91-133, eff. 1-1-00.)
| 16 |
| (225 ILCS 305/12) (from Ch. 111, par. 1312)
| 17 |
| (Section scheduled to be repealed on January 1, 2010)
| 18 |
| Sec. 12.
Examinations; subjects; failure or refusal to take
| 19 |
| examination. The Department shall authorize examination of | 20 |
| applicants as
architects at such times and places as it may | 21 |
| determine. The examination
shall be in English and shall be | 22 |
| written or written and graphic. It shall
include at a minimum | 23 |
| the following subjects:
| 24 |
| (a) pre-design (environmental analysis, architectural | 25 |
| programming,
and application of principles of project |
|
|
|
HB2399 |
- 12 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| management and coordination);
| 2 |
| (b) site planning (site analysis, design and | 3 |
| development, parking,
and application of zoning | 4 |
| requirements);
| 5 |
| (c) building planning (conceptual planning of | 6 |
| functional and space
relationships, building design, | 7 |
| interior space layout, barrier-free design,
and the | 8 |
| application of the life safety code requirements and | 9 |
| principles of
energy efficient design);
| 10 |
| (d) building technology (application of structural | 11 |
| systems, building
components, and mechanical and | 12 |
| electrical systems);
| 13 |
| (e) general structures (identification, resolution, | 14 |
| and incorporation
of structural systems and the long span | 15 |
| design on the technical aspects of
the design of buildings | 16 |
| and the process and construction);
| 17 |
| (f) lateral forces (identification and resolution of | 18 |
| the effects of
lateral forces on the technical aspects of | 19 |
| the design of buildings and the
process of construction);
| 20 |
| (g) mechanical and electrical systems (as applied to | 21 |
| the
design of buildings, including plumbing and acoustical | 22 |
| systems);
| 23 |
| (h) materials and methods (as related to the design of | 24 |
| buildings
and the technical aspects of construction); and
| 25 |
| (i) construction documents and services (conduct of | 26 |
| architectural
practice as it relates to construction |
|
|
|
HB2399 |
- 13 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| documents, bidding, and construction
administration and | 2 |
| contractual documents from beginning to end of a building
| 3 |
| project).
| 4 |
| It shall be the responsibility of the applicant to be | 5 |
| familiar with
this Act and its rules.
| 6 |
| Examination subject matter headings and bases on which | 7 |
| examinations are
graded shall be indicated in rules pertaining | 8 |
| to this Act. The Department
may adopt the examinations and | 9 |
| grading procedures of the National Council
of Architectural | 10 |
| Registration Boards. Content of any particular
examination | 11 |
| shall not be considered public record under the Freedom of
| 12 |
| Information Act.
| 13 |
| If an applicant neglects without an approved excuse or | 14 |
| refuses to take
the next available examination offered for | 15 |
| licensure under this Act, the
fee paid by the applicant shall | 16 |
| be forfeited. If an applicant fails to
pass an examination for | 17 |
| licensure under this Act within 3 years after
filing an | 18 |
| application, the application shall be denied. The applicant
| 19 |
| may, however, make a new application for examination | 20 |
| accompanied
by the required fee and must furnish proof of | 21 |
| meeting the qualifications
for examination in effect at the | 22 |
| time of the new application.
| 23 |
| The Department may by rule prescribe additional subjects | 24 |
| for examination.
| 25 |
| An applicant has one year from the date of notification of
| 26 |
| successful completion of all the examination requirements to |
|
|
|
HB2399 |
- 14 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| apply to the
Department for a license. If an applicant fails to | 2 |
| apply within one year,
the applicant shall be required to again | 3 |
| take and pass the examination unless the Department upon | 4 |
| recommendation of the Board determine that there is sufficient | 5 |
| cause for the delay that is not due to the fault or the | 6 |
| applicant .
| 7 |
| (Source: P.A. 91-133, eff. 1-1-00; 92-16, eff. 6-28-01.)
| 8 |
| (225 ILCS 305/17.5 new) | 9 |
| Sec. 17.5. Architect; retired. Pursuant to Section 2105-15 | 10 |
| of the Department of Professional Regulation Law of the Civil | 11 |
| Administration Code of Illinois, the Department may grant the | 12 |
| title "Architect, Retired" to any person who has been duly | 13 |
| licensed as an architect by the Department and who chooses to | 14 |
| relinquish or not renew his or her license. Those persons | 15 |
| granted the title "Architect, Retired" may request restoration | 16 |
| to active status under the applicable provisions of this Act. | 17 |
| The use of the title "Architect, Retired" shall not | 18 |
| constitute representation of current licensure. Any person | 19 |
| without an active license shall not practice architecture as | 20 |
| defined in this Act. | 21 |
| Nothing in this Section shall be construed to require the | 22 |
| Department to issue any certificate, credential, or other | 23 |
| official document indicating that a person has been granted the | 24 |
| title "Architect, Retired".
|
|
|
|
HB2399 |
- 15 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| (225 ILCS 305/19) (from Ch. 111, par. 1319)
| 2 |
| (Section scheduled to be repealed on January 1, 2010)
| 3 |
| Sec. 19. Fees.
| 4 |
| (a) The Department shall provide by rule for a schedule of | 5 |
| fees to be paid
for licenses by all applicants. All fees are | 6 |
| not refundable.
| 7 |
| (b) The fees for the administration and enforcement of this | 8 |
| Act, including
but not limited to original licensure, renewal, | 9 |
| and restoration, shall be set
by rule by the Department.
| 10 |
| All of the fees and fines collected pursuant to this | 11 |
| Section shall be
deposited in the Design Professionals | 12 |
| Administration and Investigation Fund.
Of the moneys deposited | 13 |
| into the Design Professionals Administration and
Investigation | 14 |
| Fund, the Department may use such funds as necessary and
| 15 |
| available to produce and distribute newsletters to persons | 16 |
| licensed under this
Act.
| 17 |
| Any person who delivers a check or other payment to the | 18 |
| Department that
is returned to the Department unpaid by the | 19 |
| financial institution upon
which it is drawn shall pay to the | 20 |
| Department, in addition to the amount
already owed to the | 21 |
| Department, a fine of $50.
The fines imposed by this Section | 22 |
| are in addition
to any other discipline provided under this Act | 23 |
| for unlicensed
practice or practice on a nonrenewed license. | 24 |
| The Department shall notify
the person that payment of fees and | 25 |
| fines shall be paid to the Department
by certified check or | 26 |
| money order within 30 calendar days of the
notification. If, |
|
|
|
HB2399 |
- 16 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| after the expiration of 30 days from the date of the
| 2 |
| notification, the person has failed to submit the necessary | 3 |
| remittance, the
Department shall automatically terminate the | 4 |
| license or certificate or deny
the application, without | 5 |
| hearing. If, after termination or denial, the
person seeks a | 6 |
| license or certificate, he or she shall apply to the
Department | 7 |
| for restoration or issuance of the license or certificate and
| 8 |
| pay all fees and fines due to the Department. The Department | 9 |
| may establish
a fee for the processing of an application for | 10 |
| restoration of a license or
certificate to pay all expenses of | 11 |
| processing this application. The Secretary Director
may waive | 12 |
| the fines due under this Section in individual cases where the | 13 |
| Secretary
Director finds that the fines would be unreasonable | 14 |
| or unnecessarily
burdensome.
| 15 |
| (Source: P.A. 91-133, eff. 1-1-00; 92-146, eff. 1-1-02.)
| 16 |
| (225 ILCS 305/20) (from Ch. 111, par. 1320)
| 17 |
| (Section scheduled to be repealed on January 1, 2010)
| 18 |
| Sec. 20. Roster of licensees and registrants. A roster | 19 |
| showing the
names and addresses of all architects, | 20 |
| architectural corporations and
partnerships and professional | 21 |
| design firms licensed or registered under
this Act shall be | 22 |
| prepared by the Department each year. This roster shall be
| 23 |
| organized by discipline and available by discipline upon | 24 |
| written request and payment of the required fee.
| 25 |
| (Source: P.A. 94-543, eff. 8-10-05.)
|
|
|
|
HB2399 |
- 17 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| (225 ILCS 305/21) (from Ch. 111, par. 1321)
| 2 |
| (Section scheduled to be repealed on January 1, 2010)
| 3 |
| Sec. 21. Professional design firm registration; | 4 |
| conditions.
| 5 |
| (a) Nothing in this Act shall prohibit the formation, under | 6 |
| the provisions
of the Professional Service Corporation Act, of | 7 |
| a corporation to offer
the practice
of architecture.
| 8 |
| Any business, including a
Professional
Service | 9 |
| Corporation, that includes the practice of architecture within | 10 |
| its stated purposes,
practices architecture, or holds itself | 11 |
| out as available to practice
architecture shall
register with | 12 |
| the Department under this Section. Any professional service
| 13 |
| corporation, sole proprietorship, or professional design firm | 14 |
| offering
architectural services must have a resident architect | 15 |
| overseeing the
architectural practices in each location in | 16 |
| which architectural services are
provided.
| 17 |
| Any sole proprietorship not owned and operated by an | 18 |
| Illinois licensed design
professional licensed under this Act | 19 |
| shall be prohibited from offering
architectural services to the | 20 |
| public. "Illinois licensed design professional"
means a person | 21 |
| who holds an active license as an architect under this Act,
as | 22 |
| a structural engineer under the Structural Engineering | 23 |
| Practice Act of
1989, or as a professional engineer under the | 24 |
| Professional Engineering
Practice Act of 1989. Any sole | 25 |
| proprietorship owned and operated by an
architect with an |
|
|
|
HB2399 |
- 18 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| active license issued under this Act and conducting or
| 2 |
| transacting such business under an assumed name in accordance | 3 |
| with the
provisions of the Assumed Business Name Act shall | 4 |
| comply with the registration
requirements of a professional | 5 |
| design firm.
Any sole proprietorship owned and
operated by an
| 6 |
| architect with an active license issued under this Act and | 7 |
| conducting or
transacting such business under the real name of | 8 |
| the sole proprietor is
exempt from the
registration | 9 |
| requirements of a professional design firm.
| 10 |
| (b) Any corporation, including a Professional Service
| 11 |
| Corporation, partnership, limited liability company, or | 12 |
| professional
design firm
seeking to be registered under this | 13 |
| Section shall not be registered unless:
| 14 |
| (1) two-thirds of the board of directors, in the case | 15 |
| of a corporation,
or two-thirds of the general partners, in | 16 |
| the case of a partnership, or
two-thirds of the members, in | 17 |
| the case of a limited liability company, are
licensed under | 18 |
| the laws of any State to practice architecture, | 19 |
| professional
engineering, land surveying, or structural | 20 |
| engineering; and
| 21 |
| (2) the person having the architectural practice in | 22 |
| this State in his
charge is (A) a director in the case of a | 23 |
| corporation, a general
partner in the case of a | 24 |
| partnership, or a member in the case of a limited
liability | 25 |
| company, and (B) holds a license under this Act.
| 26 |
| Any corporation, limited liability company, professional |
|
|
|
HB2399 |
- 19 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| service
corporation, or partnership qualifying under this | 2 |
| Section and
practicing in this State shall file with the | 3 |
| Department any information
concerning its officers, directors, | 4 |
| members, managers, partners or
beneficial owners as the | 5 |
| Department may, by rule, require.
| 6 |
| (c) No business shall offer the practice or hold itself out | 7 |
| as available
to offer the practice
of architecture until it is | 8 |
| registered with the Department.
| 9 |
| (d) Any business seeking to be registered under this
| 10 |
| Section shall make application on a form provided by the | 11 |
| Department and
shall provide any information requested by the | 12 |
| Department, which shall
include but shall not be limited to all | 13 |
| of the following:
| 14 |
| (1) The name and architect's license number of at least | 15 |
| one person
designated as the managing agent in responsible | 16 |
| charge of the practice of
architecture in Illinois. In the | 17 |
| case of a corporation, the corporation
shall also submit a | 18 |
| certified copy of the resolution by the board of
directors | 19 |
| designating at least one managing agent. If a limited | 20 |
| liability
company, the company shall submit a certified | 21 |
| copy of either its articles of
organization or operating | 22 |
| agreement designating the managing agent.
| 23 |
| (2) The names and architect's, professional | 24 |
| engineer's, structural
engineer's, or land surveyor's | 25 |
| license numbers of the directors, in the
case
of a | 26 |
| corporation,
the members, in the case of a limited |
|
|
|
HB2399 |
- 20 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| liability company, or general
partners, in the case of a | 2 |
| partnership.
| 3 |
| (3) A list of all locations at which the professional | 4 |
| design firm
provides architectural services.
| 5 |
| (4) A list of all assumed names of the business. | 6 |
| Nothing in this
Section shall be construed to exempt a | 7 |
| business from compliance with the
requirements of the | 8 |
| Assumed Business Name Act.
| 9 |
| It is the responsibility of the professional design firm to
| 10 |
| provide the Department notice, in writing, of any changes in | 11 |
| the
information requested on the application.
| 12 |
| (e) In the event a managing agent is terminated or | 13 |
| terminates his or her
status
as managing agent of the | 14 |
| professional design firm, the managing agent and
professional | 15 |
| design firm shall notify the Department of this fact in | 16 |
| writing,
by
certified mail, within 10 business days of | 17 |
| termination.
| 18 |
| Thereafter, the professional design firm, if it has so | 19 |
| informed the
Department, has 30 days in which to notify the | 20 |
| Department of the name and
architect's license number of the | 21 |
| architect who is the newly designated
managing agent. If a | 22 |
| corporation, the corporation shall also submit a certified
copy | 23 |
| of a resolution by the board of directors designating the new | 24 |
| managing
agent. If a limited liability company, the company | 25 |
| shall also submit a
certified copy of either its articles of | 26 |
| organization or operating agreement
designating the new |
|
|
|
HB2399 |
- 21 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| managing agent. The Department may, upon good cause shown,
| 2 |
| extend the original 30 day period.
| 3 |
| If the professional design firm has not notified the | 4 |
| Department in writing,
by certified mail within the specified | 5 |
| time, the registration shall be
terminated without prior | 6 |
| hearing. Notification of termination shall be sent by
certified | 7 |
| mail to the last known address of record the business . If the | 8 |
| professional
design firm continues to operate and offer | 9 |
| architectural services after the
termination, the Department | 10 |
| may seek prosecution under Sections 22, 36, and 36a
of this Act | 11 |
| for the unlicensed practice of architecture.
| 12 |
| (f) No professional design firm shall be relieved of | 13 |
| responsibility
for the conduct or acts of its agents, | 14 |
| employees, or officers by reason of
its compliance with this | 15 |
| Section, nor shall any individual practicing
architecture be | 16 |
| relieved of the responsibility for professional services
| 17 |
| performed by reason of the individual's employment or | 18 |
| relationship with a
professional design firm registered under | 19 |
| this Section.
| 20 |
| (g) Disciplinary action against a professional design firm | 21 |
| registered
under this Section shall be administered in the same | 22 |
| manner and on the same
grounds as disciplinary action against a | 23 |
| licensed architect. All
disciplinary action taken or pending | 24 |
| against a corporation or partnership
before the effective date | 25 |
| of this amendatory Act of 1993 shall be continued or
remain in | 26 |
| effect without the Department filing separate actions.
|
|
|
|
HB2399 |
- 22 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| (Source: P.A. 91-91, eff. 1-1-00; 91-133, eff. 1-1-00.)
| 2 |
| (225 ILCS 305/22) (from Ch. 111, par. 1322)
| 3 |
| (Section scheduled to be repealed on January 1, 2010)
| 4 |
| Sec. 22. Refusal, suspension and revocation of licenses; | 5 |
| Causes.
| 6 |
| (a) The Department may refuse to issue or renew, or may | 7 |
| revoke, suspend, place on probation, reprimand, or take other | 8 |
| disciplinary action as the Department may deem appropriate, | 9 |
| including imposing fines not to exceed $10,000 for each | 10 |
| violation with regard to any license for one or any | 11 |
| combination , singularly or in combination, refuse to issue,
| 12 |
| renew or restore, or may suspend or
revoke any license or | 13 |
| registration, or may place on probation, reprimand,
or fine, | 14 |
| with a civil penalty not to exceed $10,000 for each violation, | 15 |
| any
person, corporation, or partnership, or professional | 16 |
| design firm licensed or
registered under this Act for any of | 17 |
| the following reasons :
| 18 |
| (1) material misstatement in furnishing information to | 19 |
| the Department;
| 20 |
| (2) negligence, incompetence or misconduct in the | 21 |
| practice of
architecture;
| 22 |
| (3) failure to comply with any of the provisions of | 23 |
| this Act or any of the
rules;
| 24 |
| (4) making any misrepresentation for the purpose of | 25 |
| obtaining licensure;
|
|
|
|
HB2399 |
- 23 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| (5) purposefully making false statements or signing | 2 |
| false statements,
certificates or affidavits to induce | 3 |
| payment;
| 4 |
| (6) gross malpractice conviction of any crime under the | 5 |
| laws of the United States, or any
state or territory | 6 |
| thereof, which is a felony, whether related to the
practice | 7 |
| of architecture or not; or conviction of any crime, whether | 8 |
| a
felony, misdemeanor, or otherwise, an essential element | 9 |
| of which is
dishonesty, wanton disregard for the rights of | 10 |
| others, or which is directly
related to the practice of | 11 |
| architecture ;
| 12 |
| (7) aiding or assisting another person in violating any | 13 |
| provision of
this Act or its rules;
| 14 |
| (8) signing, affixing the licensed architect's seal or | 15 |
| permitting the
architect's seal to be affixed to any | 16 |
| construction documents not prepared
by the architect or | 17 |
| under that architect's direct supervision and control;
| 18 |
| (9) engaging in dishonorable, unethical or | 19 |
| unprofessional conduct of a
character likely to deceive, | 20 |
| defraud or harm the public;
| 21 |
| (10) inability to practice with reasonable judgment, | 22 |
| skill, or safety as a result of habitual or excessive use | 23 |
| or addiction to alcohol, narcotics, stimulants or any other | 24 |
| chemical agent or drug habitual intoxication or addiction | 25 |
| to the use of drugs ;
| 26 |
| (11) making a statement of compliance pursuant to the |
|
|
|
HB2399 |
- 24 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| Environmental
Barriers Act that construction documents | 2 |
| prepared by the Licensed Architect or
prepared under the | 3 |
| licensed architect's direct supervision and control for
| 4 |
| construction or alteration of an occupancy required to be | 5 |
| in compliance with
the Environmental Barriers Act are in | 6 |
| compliance with the Environmental
Barriers Act when such | 7 |
| construction documents are not in compliance;
| 8 |
| (12) a finding by the Department Board that an | 9 |
| applicant or registrant
has failed to pay a fine imposed by | 10 |
| the Department or a
registrant, whose license has been
| 11 |
| placed on probationary status, has violated the terms of | 12 |
| probation;
| 13 |
| (13) discipline by another state, territory, foreign | 14 |
| country, the
District of Columbia, the United States | 15 |
| government, or any other
governmental agency, if at least | 16 |
| one of the grounds for discipline is the
same or | 17 |
| substantially equivalent to those set forth herein;
| 18 |
| (14) failure to provide information in response to a | 19 |
| written request
made by the Department within 30 days after | 20 |
| the receipt of such written
request;
| 21 |
| (15) inability to practice the profession with | 22 |
| reasonable judgment, skill, or safety as a result of a | 23 |
| physical illness, including, but not limited to, | 24 |
| deterioration through the aging process or loss of motor | 25 |
| skill, or a mental illness or disability; or physical | 26 |
| illness, including, but not limited to, deterioration
|
|
|
|
HB2399 |
- 25 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| through the aging process or loss of motor skill which | 2 |
| results in the
inability to practice the profession with | 3 |
| reasonable judgment, skill or safety.
| 4 |
| (16) failure to file a return, to pay the tax, penalty, | 5 |
| or interest shown in a filed return, or to pay any final | 6 |
| assessment of tax, penalty, or interest as required by any | 7 |
| tax Act administered by the Department of Revenue, until | 8 |
| such time as the requirements of the tax Act are satisfied | 9 |
| in accordance with subsection (g) of Section 15 of the | 10 |
| Department of Professional Regulation Law of the Civil | 11 |
| Administrative Code of Illinois. | 12 |
| (a-5) In enforcing this Section, the Department or Board, | 13 |
| upon a showing of a possible violation, may order a licensee or | 14 |
| applicant to submit to a mental or physical examination, or | 15 |
| both, at the expense of the Department. The Department or Board | 16 |
| may order the examining physician to present testimony | 17 |
| concerning his or her examination of the licensee or applicant. | 18 |
| No information shall be excluded by reason of any common law or | 19 |
| statutory privilege relating to communications between the | 20 |
| licensee or applicant and the examining physician. The | 21 |
| examining physicians shall be specifically designated by the | 22 |
| Board or Department. The licensee or applicant may have, at his | 23 |
| or her own expense, another physician of his or her choice | 24 |
| present during all aspects of the examination. Failure of a | 25 |
| licensee or applicant to submit to any such examination when | 26 |
| directed, without reasonable cause as defined by rule, shall be |
|
|
|
HB2399 |
- 26 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| grounds for either the immediate suspension of his or her | 2 |
| license or immediate denial of his or her application. | 3 |
| If the Secretary immediately suspends the license of a | 4 |
| licensee for his or her failure to submit to a mental or | 5 |
| physical examination when directed, a hearing must be convened | 6 |
| by the Department within 15 days after the suspension and | 7 |
| completed without appreciable delay. | 8 |
| If the Secretary otherwise suspends a license pursuant to | 9 |
| the results of the licensee's mental or physical examination, a | 10 |
| hearing must be convened by the Department within 15 days after | 11 |
| the suspension and completed without appreciable delay. The | 12 |
| Department and Board shall have the authority to review the | 13 |
| licensee's record of treatment and counseling regarding the | 14 |
| relevant impairment or impairments to the extent permitted by | 15 |
| applicable federal statutes and regulations safeguarding the | 16 |
| confidentiality of medical records. | 17 |
| Any licensee suspended under this subsection (a-5) shall be | 18 |
| afforded an opportunity to demonstrate to the Department or | 19 |
| Board that he or she can resume practice in compliance with the | 20 |
| acceptable and prevailing standards under the provisions of his | 21 |
| or her license. | 22 |
| In enforcing this Section, the Board upon a showing of a | 23 |
| possible
violation may request that the Department compel a | 24 |
| person licensed to practice under this Act, or who has
applied | 25 |
| for licensure or certification pursuant to this Act, to submit | 26 |
| to a
mental or physical examination, or both, as required by |
|
|
|
HB2399 |
- 27 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| and at the expense of
the Department. The examining physicians | 2 |
| shall be those specifically
designated
by the Department. The | 3 |
| Department may order the examining physician to
present | 4 |
| testimony concerning this mental or physical examination of the
| 5 |
| licensee or applicant. No information shall be excluded by | 6 |
| reason of any
common law or statutory privilege relating to | 7 |
| communications between the
licensee or applicant and the | 8 |
| examining physician. The person to be examined
may have, at his | 9 |
| or her own expense, another physician of his or her choice
| 10 |
| present during all aspects of the examination. Failure of any | 11 |
| person to submit
to a mental or physical examination, when | 12 |
| directed, shall be grounds for
suspension of a license until | 13 |
| the person submits to the examination if the
Department finds, | 14 |
| after notice and hearing, that the refusal to submit to the
| 15 |
| examination was without reasonable cause.
| 16 |
| If the Board finds a person unable to practice because of | 17 |
| the reasons set
forth in this Section, the Board may recommend | 18 |
| that the Department require that person to submit to care,
| 19 |
| counseling, or treatment by physicians approved or designated | 20 |
| by the Department as
a condition, term, or restriction for | 21 |
| continued, reinstated, or renewed
licensure to practice; or, in | 22 |
| lieu of care, counseling, or treatment, the Board
may recommend | 23 |
| to the Department to file a complaint to immediately suspend,
| 24 |
| revoke or otherwise discipline the license of the person. Any | 25 |
| person whose
license was granted, continued, reinstated, | 26 |
| renewed, disciplined, or supervised
subject to such terms, |
|
|
|
HB2399 |
- 28 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| conditions, or restrictions and who fails to comply with
such | 2 |
| terms, conditions, or restrictions shall be referred to the | 3 |
| Director for
a determination as to whether the person shall | 4 |
| have his or her license
suspended immediately, pending a | 5 |
| hearing by the Board.
| 6 |
| (b) The determination by a circuit court that a licensee is | 7 |
| subject to
involuntary admission or judicial admission, as | 8 |
| provided in the Mental
Health and Developmental Disabilities | 9 |
| Code, operates as an automatic
suspension. Such suspension will | 10 |
| end only upon a finding by a court that
the patient is no | 11 |
| longer subject to involuntary admission or judicial
admission, | 12 |
| the issuance of an order so finding and discharging the | 13 |
| patient, and
the recommendation of the Board to the Secretary | 14 |
| Director that the licensee be
allowed to resume practice.
| 15 |
| (c) The Department shall deny a license or renewal | 16 |
| authorized by this Act to a person who has defaulted on an | 17 |
| educational loan or scholarship provided or guaranteed by the | 18 |
| Illinois Student Assistance Commission or any governmental | 19 |
| agency of this State in accordance with item (5) of subsection | 20 |
| (a) of Section 15 of the Department of Professional Regulation | 21 |
| Law of the Civil Administrative Code of Illinois. In cases | 22 |
| where the Department of Healthcare and Family Services has | 23 |
| previously determined that a licensee or a potential licensee | 24 |
| is more than 30 days delinquent in the payment of child support | 25 |
| and has subsequently certified the delinquency to the | 26 |
| Department, the Department may refuse to issue or renew or may |
|
|
|
HB2399 |
- 29 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| revoke or suspend that person's license or may take other | 2 |
| disciplinary action against that person based solely upon the | 3 |
| certification of delinquency made by the Department of | 4 |
| Healthcare and Family Services in accordance with item (5) of | 5 |
| subsection (a) of Section 15 of the Department of Professional | 6 |
| Regulation Law of the Civil Administrative Code of Illinois. | 7 |
| (d) In cases where the Department of Healthcare and Family | 8 |
| Services has previously determined that a licensee or a | 9 |
| potential licensee is more than 30 days delinquent in the | 10 |
| payment of child support and has subsequently certified the | 11 |
| delinquency to the Department may refuse to issue or renew or | 12 |
| may revoke or suspend that person's license or may take other | 13 |
| disciplinary action against that person based solely upon the | 14 |
| certification of delinquency made by the Department of | 15 |
| Healthcare and Family Services in accordance with item (5) of | 16 |
| subsection (a) of Section 2105-15 of the Department of | 17 |
| Professional Regulation Law of the Civil Administrative Code of | 18 |
| Illinois. The Department may refuse to issue or may suspend the | 19 |
| license of any
person who fails to file a return, or to pay the | 20 |
| tax, penalty or interest
shown in a filed return, or to pay any | 21 |
| final assessment of tax, penalty or
interest, as required by | 22 |
| any tax Act administered by the Illinois
Department of Revenue, | 23 |
| until such time as the requirements of any such tax
Act are | 24 |
| satisfied.
| 25 |
| (e) Persons who assist the Department as consultants or | 26 |
| expert witnesses in
the investigation or prosecution of alleged |
|
|
|
HB2399 |
- 30 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| violations of the Act,
licensure matters, restoration | 2 |
| proceedings, or criminal prosecutions, shall
not be liable for | 3 |
| damages in any civil action or proceeding as a result of
such | 4 |
| assistance, except upon proof of actual malice. The attorney | 5 |
| general
shall defend such persons in any such action or | 6 |
| proceeding.
| 7 |
| (Source: P.A. 94-543, eff. 8-10-05.)
| 8 |
| (225 ILCS 305/23) (from Ch. 111, par. 1323)
| 9 |
| (Section scheduled to be repealed on January 1, 2010)
| 10 |
| Sec. 23. Violations; Injunction; Cease and desist order.
| 11 |
| (a) If any person
or entity violates a provision of this | 12 |
| Act, the Secretary Director may, in the
name of the People of | 13 |
| the State of Illinois, through the Attorney General
of the | 14 |
| State of Illinois, petition for an order enjoining such | 15 |
| violation
or for an order enforcing compliance with this Act. | 16 |
| Upon the filing of a
verified petition in such court, the court | 17 |
| may issue a temporary
restraining order, without notice or | 18 |
| bond, and may preliminarily and
permanently enjoin such | 19 |
| violation. If it is established that such
person or entity has | 20 |
| violated or is violating the injunction, the Court may
punish | 21 |
| the offender for contempt of court. Proceedings under this | 22 |
| Section are
in addition to, and not in lieu of, all other | 23 |
| remedies and penalties
provided by this Act.
| 24 |
| (b) If any person or entity practices as an architect or | 25 |
| holds himself
out as an architect or professional design firm |
|
|
|
HB2399 |
- 31 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| without being licensed or
registered under the provisions of | 2 |
| this Act, then any licensed architect, any
interested party or | 3 |
| any person injured thereby may, in addition to the Secretary
| 4 |
| Director , petition for relief as provided in subsection (a) of | 5 |
| this Section.
| 6 |
| (c) Whenever in the opinion of the Department any person or | 7 |
| entity
violates any provision of this Act, the Department may | 8 |
| issue a rule to show
cause why an order to cease and desist | 9 |
| should not be entered against him. The
rule shall clearly set | 10 |
| forth the grounds relied upon by the Department and
shall | 11 |
| provide a period of 7 days from the date of the rule to file an | 12 |
| answer to
the satisfaction of the Department. Failure to answer | 13 |
| to the satisfaction of
the Department shall cause an order to | 14 |
| cease and desist to be issued
immediately.
| 15 |
| (Source: P.A. 88-428.)
| 16 |
| (225 ILCS 305/23.5)
| 17 |
| (Section scheduled to be repealed on January 1, 2010)
| 18 |
| Sec. 23.5. Unlicensed practice; violation; civil penalty.
| 19 |
| (a) Any person who practices, offers to practice, attempts | 20 |
| to practice, or
holds oneself out to practice as an architect | 21 |
| without being licensed under this
Act shall, in
addition to any | 22 |
| other penalty provided by law, pay a civil penalty to the
| 23 |
| Department in an amount not to exceed $10,000 $5,000 for each | 24 |
| offense as determined by
the Department. The civil penalty | 25 |
| shall be assessed by the Department after a
hearing is held in |
|
|
|
HB2399 |
- 32 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| accordance with the provisions set forth in this Act
regarding | 2 |
| the provision of a hearing for the discipline of a licensee.
| 3 |
| (a-5) Any entity that advertises architecture services in a | 4 |
| telecommunications directory must include its architecture | 5 |
| firm registration number or, in the case of a sole proprietor, | 6 |
| his or her individual license number. Nothing in this | 7 |
| subsection (a-5) requires the publisher of a | 8 |
| telecommunications directory to investigate or verify the | 9 |
| accuracy of the registration or license number provided by the | 10 |
| advertiser of architecture services.
| 11 |
| (b) The Department has the authority and power to | 12 |
| investigate any and all
unlicensed activity.
| 13 |
| (c) The civil penalty shall be paid within 60 days after | 14 |
| the effective date
of the order imposing the civil penalty. The | 15 |
| order shall constitute a judgment
and may be filed and | 16 |
| execution had thereon in the same manner as any judgment
from | 17 |
| any court of record.
| 18 |
| (Source: P.A. 94-543, eff. 8-10-05.)
| 19 |
| (225 ILCS 305/24) (from Ch. 111, par. 1324)
| 20 |
| (Section scheduled to be repealed on January 1, 2010)
| 21 |
| Sec. 24. Investigations; notice and hearing. The | 22 |
| Department may investigate
the actions of any applicant or of | 23 |
| any person or entity holding or claiming to
hold a license or | 24 |
| registration. Before the initiation of an investigation, the
| 25 |
| matter shall be reviewed by a subcommittee of the Board |
|
|
|
HB2399 |
- 33 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| according to procedures
established by rule for the Complaint | 2 |
| Committee. The Department shall, before
refusing to restore, | 3 |
| issue or renew a license or registration, or discipline a
| 4 |
| licensee or registrant, at least 30 days prior to the date set | 5 |
| for the
hearing, notify in writing the applicant for, or holder | 6 |
| of, a license or
registrant of the nature of the charges and | 7 |
| that a hearing will be held on the
date designated, and direct | 8 |
| the applicant or entity or licensee or registrant
to file a | 9 |
| written answer to the Board under oath within 20 days after the
| 10 |
| service of the notice and inform the applicant or entity or | 11 |
| licensee or
registrant that failure to file an answer will | 12 |
| result in default being taken
against the applicant or entity | 13 |
| or licensee or registrant and that the license
or certificate | 14 |
| may be suspended, revoked, placed on probationary status, or
| 15 |
| other disciplinary action may be taken, including limiting the | 16 |
| scope, nature or
extent of practice, as the Secretary Director | 17 |
| may deem proper. Written notice may be
served by personal | 18 |
| delivery or certified or registered mail to the respondent
at | 19 |
| the address of record with his last notification to the | 20 |
| Department. In case the person
or entity fails to file an | 21 |
| answer after receiving notice, his or her license or
| 22 |
| certificate may, in the discretion of the Department, be | 23 |
| suspended, revoked, or
placed on probationary status, or the | 24 |
| Department may take whatever disciplinary
action deemed | 25 |
| proper, including limiting the scope, nature, or extent of the
| 26 |
| person's practice or the imposition of a fine, without a |
|
|
|
HB2399 |
- 34 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| hearing, if the act or
acts charged constitute sufficient | 2 |
| grounds for such action under this Act. At
the time and place | 3 |
| fixed in the notice, the Board shall proceed to hear the
| 4 |
| charges and the parties or their counsel shall be accorded | 5 |
| ample opportunity to
present such statements, testimony, | 6 |
| evidence and argument as may be pertinent
to the charges or to | 7 |
| their defense. The Board may continue the hearing from
time to | 8 |
| time.
| 9 |
| (Source: P.A. 87-1031; 88-428.)
| 10 |
| (225 ILCS 305/25) (from Ch. 111, par. 1325)
| 11 |
| (Section scheduled to be repealed on January 1, 2010)
| 12 |
| Sec. 25. Stenographer; transcript. The Department, at its
| 13 |
| expense, shall preserve a record of all proceedings at the | 14 |
| formal hearing
of any case involving the refusal to restore, | 15 |
| issue or renew a license, or
the discipline of a licensee.
The | 16 |
| notice of hearing, complaint and all other documents in the | 17 |
| nature of
pleadings and written motions filed in the | 18 |
| proceedings, the transcript of
testimony, the report of the | 19 |
| Board and the orders of the Department shall
be the record of | 20 |
| the proceedings. The Department shall furnish a
transcript of | 21 |
| the record to any person interested in the hearing upon
payment | 22 |
| of the fee required by Section 2105-115 of the Department
of | 23 |
| Professional Regulation Law (20 ILCS 2105/2105-115).
| 24 |
| (Source: P.A. 91-239, eff. 1-1-00.)
|
|
|
|
HB2399 |
- 35 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| (225 ILCS 305/26) (from Ch. 111, par. 1326)
| 2 |
| (Section scheduled to be repealed on January 1, 2010)
| 3 |
| Sec. 26. Subpoenas ; depositions; oaths of witnesses; | 4 |
| Oaths . The Department has
power to subpoena documents, books, | 5 |
| records or other materials and to bring before it any person | 6 |
| and to take testimony either orally or by deposition, or both, | 7 |
| with the same fees and mileage and in the same manner as is | 8 |
| prescribed in civil cases in the courts off this State. | 9 |
| The Secretary, the designated hearing officer, and every | 10 |
| member of the Board has the power to administer oaths to | 11 |
| witnesses at any hearing that the Department is authorized to | 12 |
| conduct, and any other oaths authorized in any Act administered | 13 |
| by the Department. and bring before it any person in this State | 14 |
| and to take
testimony either orally or by deposition, or both, | 15 |
| with the same fees and
mileage and in the same manner as | 16 |
| prescribed by law in judicial proceedings
in civil cases in | 17 |
| circuit courts of this State.
| 18 |
| The Director, and every member of the Board each have power | 19 |
| to
administer oaths to witnesses at any hearing which the | 20 |
| Department is
authorized by law to conduct, and any other oaths | 21 |
| required or authorized in
any Act administered by the | 22 |
| Department.
| 23 |
| (Source: P.A. 86-702.)
| 24 |
| (225 ILCS 305/28) (from Ch. 111, par. 1328)
| 25 |
| (Section scheduled to be repealed on January 1, 2010)
|
|
|
|
HB2399 |
- 36 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| Sec. 28. Report of Board; Rehearing. After the hearing, the | 2 |
| Board shall present to
the Secretary Director its written | 3 |
| report of its findings and recommendations. A
copy of such | 4 |
| report shall be served upon the accused person, either
| 5 |
| personally or by registered or certified mail as provided in | 6 |
| this Act for
the service of the notice. Within 20 days after | 7 |
| such service, the
accused person may present to the Department | 8 |
| his motion in writing for a
rehearing which shall specify the | 9 |
| particular grounds for rehearing.
If the accused person orders | 10 |
| and pays for a transcript of
the record as provided in this | 11 |
| Section, the time elapsing
before such transcript is ready for | 12 |
| delivery to him shall not be counted as
part of such 20 days.
| 13 |
| Whenever the Secretary Director is not satisfied that | 14 |
| substantial justice has been
done, he may order a rehearing by | 15 |
| the same or another special board. At
the expiration of the | 16 |
| time specified for filing a motion for a rehearing
the | 17 |
| Secretary Director has the right to take the action recommended | 18 |
| by the Board.
| 19 |
| (Source: P.A. 86-702.)
| 20 |
| (225 ILCS 305/29) (from Ch. 111, par. 1329)
| 21 |
| (Section scheduled to be repealed on January 1, 2010)
| 22 |
| Sec. 29. Hearing officer. Notwithstanding the provisions | 23 |
| of
Section 28 of this Act, the Secretary Director has the | 24 |
| authority to appoint
any attorney duly licensed to practice law | 25 |
| in the State of Illinois to
serve as the hearing officer in any |
|
|
|
HB2399 |
- 37 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| action under Section 24.
The Secretary Director shall notify | 2 |
| the Board of any such appointment. The hearing
officer has full | 3 |
| authority to conduct the hearing. The Board has
the right to | 4 |
| have at least one member present at any hearing conducted
by | 5 |
| such hearing officer. The hearing officer shall report his | 6 |
| findings of
fact, conclusions of law and recommendations to the | 7 |
| Board and the Secretary Director .
The Board has 60 days from | 8 |
| receipt of the report to review the
report of the hearing | 9 |
| officer and present its findings of fact,
conclusions of law | 10 |
| and recommendations to the Secretary Director . If the Board | 11 |
| fails
to present its report within the 60 day period, the | 12 |
| Secretary Director shall issue an
order based on the report of | 13 |
| the hearing officer. If the Secretary Director
disagrees in any | 14 |
| regard with the report of the Board or hearing officer, he
may | 15 |
| issue an order in contravention thereof. The Secretary Director | 16 |
| shall notify provide a
written explanation to the Board on any | 17 |
| such deviation, and shall specify
with particularity the | 18 |
| reasons for such action in the final order.
| 19 |
| (Source: P.A. 86-702.)
| 20 |
| (225 ILCS 305/30) (from Ch. 111, par. 1330)
| 21 |
| (Section scheduled to be repealed on January 1, 2010)
| 22 |
| Sec. 30. Order to be prima facie proof. An order of | 23 |
| revocation or
suspension or a certified copy thereof, over the | 24 |
| seal of the Department and
purporting to be signed by the | 25 |
| Secretary Director , shall be prima facie proof that:
|
|
|
|
HB2399 |
- 38 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| (a) the signature is the genuine signature of the | 2 |
| Secretary
Director ;
| 3 |
| (b) the Secretary Director is duly appointed and | 4 |
| qualified;
and
| 5 |
| (c) the Board and the members thereof are qualified to | 6 |
| act.
| 7 |
| Such proof may be rebutted.
| 8 |
| (Source: P.A. 91-357, eff. 7-29-99.)
| 9 |
| (225 ILCS 305/31) (from Ch. 111, par. 1331)
| 10 |
| (Section scheduled to be repealed on January 1, 2010)
| 11 |
| Sec. 31. Restoration of suspended or revoked Issuance or | 12 |
| restoration of license. At any time after the successful | 13 |
| completion of a term of suspension or revocation of a license, | 14 |
| the Department may restore it to the licensee, upon the written | 15 |
| recommendation of the Board, unless after an investigation and | 16 |
| a hearing the Board determines that restoration is not in the | 17 |
| public interest. the
refusal to issue, or after the suspension | 18 |
| or revocation of any license, the
Department may issue or | 19 |
| restore it to the applicant without examination,
upon the | 20 |
| written recommendation of the Board.
| 21 |
| (Source: P.A. 86-702.)
| 22 |
| (225 ILCS 305/33) (from Ch. 111, par. 1333)
| 23 |
| (Section scheduled to be repealed on January 1, 2010)
| 24 |
| Sec. 33. Temporary suspension of a license. The Secretary |
|
|
|
HB2399 |
- 39 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| Director may
temporarily suspend the license of an architect | 2 |
| without a hearing,
simultaneously with the institution of | 3 |
| proceedings for a hearing provided
for in Section 24 of this | 4 |
| Act, if the Secretary Director finds that evidence in his
| 5 |
| possession indicates that an architect's continuation in | 6 |
| practice would
constitute an imminent danger to the public. In | 7 |
| the event that the Secretary
Director temporarily suspends the | 8 |
| license of an architect without a
hearing, a hearing by the | 9 |
| Board must be held within 30 days after such
suspension has | 10 |
| occurred.
| 11 |
| (Source: P.A. 86-702.)
| 12 |
| (225 ILCS 305/36) (from Ch. 111, par. 1336)
| 13 |
| (Section scheduled to be repealed on January 1, 2010)
| 14 |
| Sec. 36. Violations. Each of the following Acts constitutes | 15 |
| a
Class A misdemeanor for the first offense and a Class 4 | 16 |
| felony for a second
or subsequent offense:
| 17 |
| (a) the practice, attempt to practice or offer to | 18 |
| practice architecture,
or the advertising or putting out of | 19 |
| any sign or card or other device which
might indicate to | 20 |
| the public that the person is entitled to practice
| 21 |
| architecture, without a license as a licensed architect, or | 22 |
| registration as a
professional design firm issued by the | 23 |
| Department. Each day of practicing
architecture or | 24 |
| attempting to practice architecture, and each instance of
| 25 |
| offering to practice architecture, without a license as a |
|
|
|
HB2399 |
- 40 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| licensed architect
or registration as a professional | 2 |
| design firm constitutes a separate offense;
| 3 |
| (b) the making of any wilfully false oath or | 4 |
| affirmation in any matter
or proceeding where an oath or | 5 |
| affirmation is required by this Act;
| 6 |
| (c) the affixing of a licensed architect's seal to any | 7 |
| construction
documents which have not been prepared by that | 8 |
| architect or under the
architect's direct supervision and | 9 |
| control;
| 10 |
| (d) the violation of any provision of this Act or its | 11 |
| rules;
| 12 |
| (e) using or attempting to use an expired, inactive, | 13 |
| suspended, or
revoked license, or the certificate or seal | 14 |
| of another, or impersonating
another licensee;
| 15 |
| (f) obtaining or attempting to obtain a license or | 16 |
| registration by
fraud; or
| 17 |
| (g) If any person, sole proprietorship, professional | 18 |
| service corporation,
limited liability company, | 19 |
| corporation or partnership, or other entity
practices | 20 |
| architecture or advertises or displays any sign or card or | 21 |
| other
device that might indicate to the public that the | 22 |
| person or entity is entitled
to practice as an architect or | 23 |
| use the title "architect" or any of its
derivations unless | 24 |
| the person or other entity holds an active license as an
| 25 |
| architect or registration as a professional design firm in | 26 |
| the State; then, in
addition to any other penalty provided |
|
|
|
HB2399 |
- 41 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| by law any person or other entity who
violates this | 2 |
| subsection (g) shall forfeit and pay to the Design | 3 |
| Professionals
Administration and Investigation Fund a | 4 |
| civil penalty in an amount determined
by the Department of | 5 |
| not more than $10,000 $5,000 for each offense.
| 6 |
| An unlicensed person who has completed the education | 7 |
| requirements, is actively participating in the diversified | 8 |
| professional training, and maintains in good standing a | 9 |
| training record as required for licensure by this Act may use | 10 |
| the title "architectural intern", but may not engage in the | 11 |
| practice of architecture.
| 12 |
| (Source: P.A. 93-1009, eff. 1-1-05.)
| 13 |
| (225 ILCS 305/15 rep.)
| 14 |
| Section 10. The Illinois Architecture Practice Act of 1989 | 15 |
| is amended by repealing Section 15.
| 16 |
| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law.
|
|
|
|
HB2399 |
- 42 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 225 ILCS 305/3 |
from Ch. 111, par. 1303 |
| 4 |
| 225 ILCS 305/4 |
from Ch. 111, par. 1304 |
| 5 |
| 225 ILCS 305/5 |
from Ch. 111, par. 1305 |
| 6 |
| 225 ILCS 305/8 |
from Ch. 111, par. 1308 |
| 7 |
| 225 ILCS 305/9 |
from Ch. 111, par. 1309 |
| 8 |
| 225 ILCS 305/10 |
from Ch. 111, par. 1310 |
| 9 |
| 225 ILCS 305/12 |
from Ch. 111, par. 1312 |
| 10 |
| 225 ILCS 305/17.5 new |
|
| 11 |
| 225 ILCS 305/19 |
from Ch. 111, par. 1319 |
| 12 |
| 225 ILCS 305/20 |
from Ch. 111, par. 1320 |
| 13 |
| 225 ILCS 305/21 |
from Ch. 111, par. 1321 |
| 14 |
| 225 ILCS 305/22 |
from Ch. 111, par. 1322 |
| 15 |
| 225 ILCS 305/23 |
from Ch. 111, par. 1323 |
| 16 |
| 225 ILCS 305/23.5 |
|
| 17 |
| 225 ILCS 305/24 |
from Ch. 111, par. 1324 |
| 18 |
| 225 ILCS 305/25 |
from Ch. 111, par. 1325 |
| 19 |
| 225 ILCS 305/26 |
from Ch. 111, par. 1326 |
| 20 |
| 225 ILCS 305/28 |
from Ch. 111, par. 1328 |
| 21 |
| 225 ILCS 305/29 |
from Ch. 111, par. 1329 |
| 22 |
| 225 ILCS 305/30 |
from Ch. 111, par. 1330 |
| 23 |
| 225 ILCS 305/31 |
from Ch. 111, par. 1331 |
| 24 |
| 225 ILCS 305/33 |
from Ch. 111, par. 1333 |
| 25 |
| 225 ILCS 305/36 |
from Ch. 111, par. 1336 |
|
|
|
|
HB2399 |
- 43 - |
LRB096 08465 ASK 18584 b |
|
| 1 |
| 225 ILCS 305/15 rep. |
|
| |
|