Full Text of HB2726 98th General Assembly
HB2726enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Regulatory Sunset Act is amended by changing | 5 | | Section 4.24, and by adding Section 4.34 as follows:
| 6 | | (5 ILCS 80/4.24)
| 7 | | Sec. 4.24. Acts and Section repealed on January 1, 2014. | 8 | | The following
Acts and Section of an Act are repealed
on | 9 | | January 1, 2014:
| 10 | | The Electrologist Licensing Act.
| 11 | | The Illinois Certified Shorthand Reporters Act of 1984.
| 12 | | The Illinois Occupational Therapy Practice Act.
| 13 | | The Illinois Public Accounting Act.
| 14 | | The Private Detective, Private Alarm, Private Security, | 15 | | Fingerprint Vendor, and Locksmith Act
of 2004.
| 16 | | The Registered Surgical Assistant and Registered Surgical | 17 | | Technologist
Title Protection Act.
| 18 | | Section 2.5 of the Illinois Plumbing License Law. | 19 | | The Veterinary Medicine and Surgery Practice Act of 2004.
| 20 | | (Source: P.A. 97-1139, eff. 12-28-12.)
| 21 | | (5 ILCS 80/4.34 new) | 22 | | Sec. 4.34. Act repealed on January 1, 2024. The following |
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| 1 | | Act is repealed on January 1, 2024: | 2 | | The Illinois Public Accounting Act. | 3 | | Section 10. The Illinois Public Accounting Act is amended | 4 | | by changing Sections 0.02, 0.03, 1, 2, 2.05, 2.1, 4, 5.2, 7, 8, | 5 | | 9, 9.2, 9.3, 13, 14, 14.1, 14.2, 16, 17, 17.1, 17.2, 20.01, | 6 | | 20.1, 20.2, 20.3, 20.4, 20.5, 20.6, 21, 27, 28, 30, 30.1, 30.2, | 7 | | 30.3, 30.4, 30.5, 30.6, 31, and 32 and by adding Sections 8.05, | 8 | | 14.4, 17.3, 20.7, 20.8, and 30.8 as follows:
| 9 | | (225 ILCS 450/0.02) (from Ch. 111, par. 5500.02)
| 10 | | (Section scheduled to be repealed on January 1, 2014)
| 11 | | Sec. 0.02. Declaration of public policy. It is the policy | 12 | | of this State and the purpose of this Act:
| 13 | | (a) To promote the dependability of information which is | 14 | | used for guidance
in financial transactions or for accounting | 15 | | for or assessing the status
or performance of commercial and | 16 | | noncommercial enterprises, whether public,
private, or | 17 | | governmental; and
| 18 | | (b) To protect the public interest by requiring that | 19 | | persons engaged in
the practice of public accounting be | 20 | | qualified; that a public authority
competent to prescribe and | 21 | | assess the qualifications of public accountants
be | 22 | | established; and that
| 23 | | (c) Preparing, auditing or examining financial statements | 24 | | and issuing
a report expressing or disclaiming an opinion on |
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| 1 | | such statements or expressing
assurance on such statements be | 2 | | reserved to persons who demonstrate their
ability and fitness | 3 | | to observe and apply the standards of the accounting
| 4 | | profession; and that the use of accounting titles likely to | 5 | | confuse the
public be prohibited.
| 6 | | (Source: P.A. 85-1209.)
| 7 | | (225 ILCS 450/0.03) (from Ch. 111, par. 5500.03)
| 8 | | (Section scheduled to be repealed on January 1, 2014)
| 9 | | Sec. 0.03. Definitions. As used in this Act, unless the | 10 | | context
otherwise requires:
| 11 | | "Accountancy activities" means the services as set forth in | 12 | | Section 8.05 of the Act. | 13 | | "Address of record" means the designated address recorded | 14 | | by the Department in the applicant's, licensee's, or | 15 | | registrant's application file or license file maintained by the | 16 | | Department's licensure maintenance unit. It is the duty of the | 17 | | applicant, licensee, or registrant to inform the Department of | 18 | | any change of address, and those changes must be made either | 19 | | through the Department's website or by directly contacting the | 20 | | Department. | 21 | | "Certificate" means a certificate issued by the Board or | 22 | | University or similar jurisdictions specifying an individual | 23 | | has successfully passed all sections and requirements of the | 24 | | Uniform Certified Public Accountant Examination. A certificate | 25 | | issued by the Board or University or similar jurisdiction does |
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| 1 | | not confer the ability to use the CPA title and is not | 2 | | equivalent to a registration or license under this Act. | 3 | | "Compilation" means providing a service to be performed in | 4 | | accordance with Statements on Standards for Accounting and | 5 | | Review Services that is presented in the form of financial | 6 | | statements or information that is the representation of | 7 | | management or owners without undertaking to express any | 8 | | assurance on the statements. | 9 | | "CPA" or "C.P.A." means a certified public accountant who | 10 | | holds a license or registration issued by the Department or an | 11 | | individual authorized to use the CPA title under Section 5.2 of | 12 | | this Act. | 13 | | "CPA firm" means a sole proprietorship, a corporation, | 14 | | registered limited liability partnership, limited liability | 15 | | company, partnership, professional service corporation, or any | 16 | | other form of organization issued a license in accordance with | 17 | | this Act. | 18 | | "CPA (inactive)" means a licensed certified public | 19 | | accountant who elects to have the Department place his or her | 20 | | license on inactive status pursuant to Section 17.2 of this | 21 | | Act. | 22 | | "Financial statement" means a structured presentation of | 23 | | historical financial information, including, but not limited | 24 | | to, related notes intended to communicate an entity's economic | 25 | | resources and obligations at a point in time or the changes | 26 | | therein for a period of time in accordance with generally |
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| 1 | | accepted accounting principles (GAAP) or other comprehensive | 2 | | basis of accounting (OCBOA). | 3 | | "Other attestation engagements" means an engagement | 4 | | performed in accordance with the Statements on Standards for | 5 | | Attestation Engagements. | 6 | | (a) "Registered Certified Public Accountant" or | 7 | | "registered CPA" means any person who has been issued
a | 8 | | registration under this Act as a Registered Certified Public | 9 | | Accountant.
| 10 | | "Report", when used with reference to financial | 11 | | statements, means an opinion, report, or other form of language | 12 | | that states or implies assurance as to the reliability of any | 13 | | financial statements and that also includes or is accompanied | 14 | | by any statement or implication that the person or firm issuing | 15 | | it has special knowledge or competence in accounting or | 16 | | auditing. Such a statement or implication of special knowledge | 17 | | or competence may arise from use by the issuer of the report of | 18 | | names or titles indicating that the person or firm is an | 19 | | accountant or auditor, or from the language of the report | 20 | | itself. "Report" includes any form of language that disclaims | 21 | | an opinion when the form of language is conventionally | 22 | | understood to imply any positive assurance as to the | 23 | | reliability of the financial statements referred to or special | 24 | | competence on the part of the person or firm issuing such | 25 | | language; it includes any other form of language that is | 26 | | conventionally understood to imply such assurance or such |
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| 1 | | special knowledge or competence. | 2 | | (b) "Licensed Certified Public Accountant" or "licensed | 3 | | CPA" means any person licensed
under this Act as a Licensed | 4 | | Certified Public Accountant.
| 5 | | (c) "Committee" means the Public Accountant Registration | 6 | | and Licensure Committee appointed by the Secretary Director .
| 7 | | (d) "Department" means the Department of Financial and | 8 | | Professional Regulation.
| 9 | | (e) "Director" means the Director of Professional | 10 | | Regulation.
| 11 | | (f) "License", "licensee" and "licensure" refers to the | 12 | | authorization
to practice under the provisions of this Act.
| 13 | | (g) "Peer review program " means a study, appraisal, or | 14 | | review of one or
more aspects of a CPA firm's or sole | 15 | | practitioner's compliance with applicable accounting, | 16 | | auditing, and other attestation standards adopted by generally | 17 | | recognized standard-setting bodies the professional work of
a | 18 | | firm or sole practitioner in the practice of public accounting | 19 | | to determine the degree of compliance by the firm or sole | 20 | | practitioner with professional standards and practices, | 21 | | conducted by persons who hold current licenses to practice | 22 | | public accounting under the laws of this or another state and | 23 | | who are not affiliated with the firm or sole practitioner being | 24 | | reviewed .
| 25 | | "Principal place of business" means the office location | 26 | | designated by the licensee from which the person directs, |
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| 1 | | controls, and coordinates his or her professional services. | 2 | | (h) "Review committee" means any person or persons | 3 | | conducting, reviewing,
administering, or supervising a peer | 4 | | review program.
| 5 | | "Secretary" means the Secretary of the Department of | 6 | | Financial and Professional Regulation. | 7 | | (i) "University" means the University of Illinois.
| 8 | | (j) "Board" means the Board of Examiners established under | 9 | | Section 2.
| 10 | | (k) "Registration", "registrant", and "registered" refer | 11 | | to the authorization to hold oneself out as or use the title | 12 | | "Registered Certified Public Accountant" or "Certified Public | 13 | | Accountant", unless the context otherwise requires.
| 14 | | (l) "Peer Review Administrator" means an organization | 15 | | designated by the Department that meets the requirements of | 16 | | subsection (f) of Section 16 of this Act and other rules that | 17 | | the Department may adopt.
| 18 | | (Source: P.A. 93-683, eff. 7-2-04; 94-779, eff. 5-19-06.)
| 19 | | (225 ILCS 450/1) (from Ch. 111, par. 5501)
| 20 | | (Section scheduled to be repealed on January 1, 2014)
| 21 | | Sec. 1. No person shall hold himself or herself out to the | 22 | | public in this State in any manner by using the title | 23 | | "Certified Public Accountant" , "Licensed Certified Public | 24 | | Accountant", "Registered Certified Public Accountant", "Public | 25 | | Accountant", or use the abbreviation "C.P.A." , or
"CPA" , |
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| 1 | | "LCPA", "RCPA", "PA", or any words or letters to indicate that | 2 | | the person using the same
is a licensed CPA or registered CPA | 3 | | certified public accountant , unless he or she has been issued a | 4 | | license or registration by the Department under this Act or is | 5 | | exercising the practice privilege afforded under Section 5.2 of | 6 | | this Act.
| 7 | | (Source: P.A. 95-386, eff. 1-1-08.)
| 8 | | (225 ILCS 450/2) (from Ch. 111, par. 5502)
| 9 | | (Section scheduled to be repealed on January 1, 2014)
| 10 | | Sec. 2. Board of Examiners. The Governor shall appoint a | 11 | | Board
of
Examiners that shall determine the qualifications of | 12 | | persons applying for
certificates and shall make rules for and | 13 | | conduct examinations for determining
the qualifications.
| 14 | | The Board shall consist of
11 examiners,
including 2 public
| 15 | | members. The
remainder shall be
certified
public accountants in | 16 | | this State who have been residents of this State for at
least 5 | 17 | | years immediately preceding their appointment, except that one | 18 | | shall be either
a certified public accountant of the grade | 19 | | herein described or an
attorney licensed and
residing in this | 20 | | State and one shall be a certified public accountant who is an
| 21 | | active or retired educator residing in this State. The term of | 22 | | office of each
examiner shall be 3 years , except that upon the | 23 | | enactment of this
amendatory Act of the 93rd General Assembly, | 24 | | those members
currently serving on the Board
shall continue to | 25 | | serve the duration of their terms, one additional examiner
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| 1 | | shall be appointed for a term of one year, and one additional | 2 | | examiner for a term
of 2 years . As the term of
each examiner | 3 | | expires, the appointment shall be filled for a term of 3 years
| 4 | | from the date of expiration. Any Board member who has served as | 5 | | a member for 6
consecutive years shall not be eligible for | 6 | | reappointment until 2 years after
the end of the term in which | 7 | | the sixth consecutive year of service occurred,
except that | 8 | | members of the
Board serving on the effective date of this | 9 | | Section shall be eligible
for appointment to one additional | 10 | | 3-year term. Where the expiration of
any member's term shall | 11 | | result in less than 11 members then serving on
the Board, the | 12 | | member shall continue to serve until his or her successor is
| 13 | | appointed and has qualified. Except as otherwise provided in | 14 | | this Section, no No Board member shall serve more than 2 full | 15 | | consecutive terms. Anyone appointed to the Board shall be | 16 | | ineligible to be appointed to the Illinois Public Accountants | 17 | | Registration and Licensure Committee appointed by the | 18 | | Secretary Director .
Appointments to fill vacancies shall be | 19 | | made in the same manner as original appointments for the | 20 | | unexpired portion of the vacated term. The membership of the | 21 | | Board shall reasonably reflect representation from the | 22 | | geographic areas in this State. The members of the Board | 23 | | appointed by the Governor shall receive reasonable | 24 | | compensation for their necessary, legitimate, and authorized | 25 | | expenses in accordance with the Governor's Travel Control Board | 26 | | rules and the Travel Regulation Rules. The Governor may |
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| 1 | | terminate the term of any
member of the Board at any time for | 2 | | cause.
| 3 | | Information regarding educational requirements, the | 4 | | application process,
the
examination, and fees shall be | 5 | | available on the Board's Internet web site as
well as in
| 6 | | printed documents available from the Board's office.
| 7 | | The Board shall adopt all necessary and reasonable rules | 8 | | and regulations
for the effective administration of this Act. | 9 | | Without limiting the foregoing,
the Board
shall adopt and | 10 | | prescribe rules and regulations for a fair and
impartial method | 11 | | of determining the qualifications of applicants for
| 12 | | examination and for a fair and impartial method of examination | 13 | | of
persons under Section 2 and may establish rules for subjects | 14 | | conditioned and
for the transfer of credits from other | 15 | | jurisdictions with respect to subjects
passed. | 16 | |
The Board shall make an annual report of its activities to | 17 | | the Governor and the Secretary Director . This report shall | 18 | | include a complete operating and financial statement covering | 19 | | its operations during the year, the number of examinations | 20 | | given, the pass/fail ratio for examinations, and any other | 21 | | information deemed appropriate. The Board shall have an audit | 22 | | of its books and accounts every 2 years by the Auditor General.
| 23 | | (Source: P.A. 92-457, eff. 7-1-04; 93-629, eff. 12-23-03; | 24 | | 93-683, eff. 7-2-04.) | 25 | | (225 ILCS 450/2.05)
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| 1 | | (Section scheduled to be repealed on January 1, 2014) | 2 | | Sec. 2.05. Public Accountant Registration and Licensure | 3 | | Committee. The Secretary Director shall appoint a Public | 4 | | Accountant Registration and Licensure Committee consisting of | 5 | | 7 persons, who shall be appointed by and shall serve in an | 6 | | advisory capacity to the Secretary Director . A majority of the | 7 | | Six members must be licensed CPAs public accountants or | 8 | | Licensed Certified Public Accountants in good standing and must | 9 | | be actively engaged in the practice of public accounting in | 10 | | this State . The remaining members must include registered CPAs | 11 | | in good standing in this State and one member must be a member | 12 | | of the public who is not licensed or registered under this Act | 13 | | or a similar Act of another jurisdiction and who has no | 14 | | connection with the accounting or public accounting | 15 | | profession. Four members of the Committee shall constitute a | 16 | | quorum. A quorum is required for all Committee decisions. | 17 | | Members shall serve 4-year terms and until their successors are | 18 | | appointed and qualified. No member shall be reappointed to the | 19 | | Committee for more than 2 full consecutive terms. Appointments | 20 | | to fill vacancies shall be made in the same manner as original | 21 | | appointments for the unexpired portion of the vacated term. The | 22 | | membership of the Committee shall reasonably reflect | 23 | | representation from the geographic areas in this State.
The | 24 | | members of the Committee appointed by the Secretary Director | 25 | | shall receive reasonable compensation, as determined by the | 26 | | Department, for the necessary, legitimate, and authorized |
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| 1 | | expenses approved by the Department. All expenses shall be paid | 2 | | from the Registered Certified Public Accountants' | 3 | | Administration and Disciplinary Fund.
The Secretary Director | 4 | | may terminate the appointment of any member for cause.
The | 5 | | Secretary Director shall consider the advice and | 6 | | recommendations of the Committee on questions involving | 7 | | standards of professional conduct, discipline, and | 8 | | qualifications of applicants candidates and licensees under | 9 | | this Act.
| 10 | | (Source: P.A. 93-683, eff. 7-2-04.)
| 11 | | (225 ILCS 450/2.1) (from Ch. 111, par. 5503)
| 12 | | (Section scheduled to be repealed on January 1, 2014)
| 13 | | Sec. 2.1. Administrative Procedure Act. The Illinois | 14 | | Administrative Procedure
Act is hereby expressly adopted and | 15 | | incorporated herein as if all of the
provisions of that Act | 16 | | were included in this Act, except that the provision of
| 17 | | subsection (d) of Section 10-65 of the Illinois Administrative | 18 | | Procedure Act
that provides that at hearings the licensee has | 19 | | the right to show compliance
with all lawful requirements for | 20 | | retention, continuation or renewal of the
license is | 21 | | specifically excluded. For the purposes of this Act the notice
| 22 | | required under Section 10-25 of the Administrative Procedure | 23 | | Act is deemed
sufficient when mailed to the licensee's address | 24 | | of record last known address of a party .
| 25 | | (Source: P.A. 88-45.)
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| 1 | | (225 ILCS 450/4) (from Ch. 111, par. 5505)
| 2 | | (Section scheduled to be repealed on January 1, 2014)
| 3 | | Sec. 4. Transitional language.
| 4 | | (a) The provisions of this Act shall not be construed to | 5 | | invalidate any
certificates as certified public accountants | 6 | | issued by the University under
"An Act to regulate the | 7 | | profession of public accountants", approved May 15,
1903, as | 8 | | amended, or any certificates as Certified Public Accountants
| 9 | | issued by the University or the Board under Section 4 of "An | 10 | | Act to regulate the
practice of public accounting and to repeal | 11 | | certain acts therein named",
approved July 22, 1943, as | 12 | | amended, which certificates shall be valid and
in force as | 13 | | though issued under the provisions of this Act. | 14 | | (b) Before July 1, 2012, persons who have received a | 15 | | Certified Public Accountant (CPA) Certificate issued by the | 16 | | Board or University of Examiners or holding similar | 17 | | certifications from other jurisdictions with equivalent | 18 | | educational requirements and examination standards may apply | 19 | | to the Department on forms supplied by the Department for and | 20 | | may be granted a registration as a registered CPA Registered | 21 | | Certified Public Accountant from the Department upon payment of | 22 | | the required fee. | 23 | | (c) Beginning with the 2006 renewal, the Department shall | 24 | | cease to issue a license as a Public Accountant. Any person | 25 | | holding a valid license as a Public Accountant prior to |
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| 1 | | September 30, 2006 who meets the conditions for renewal of a | 2 | | license under this Act, shall be issued a license as a licensed | 3 | | CPA Licensed Certified Public Accountant under this Act and | 4 | | shall be subject to continued regulation by the Department | 5 | | under this Act. The Department may adopt rules to implement | 6 | | this Section. | 7 | | (d) The Department shall not issue any new registrations as | 8 | | a registered CPA on or Registered Certified Public Accountant | 9 | | after July 1, 2012. After that date, any applicant for | 10 | | licensure under this Act shall apply for a license as a | 11 | | licensed CPA Licensed Certified Public Accountant and shall | 12 | | meet the requirements set forth in this Act. Any person issued | 13 | | a Certified Public Accountant certificate who has been issued a | 14 | | registration as a registered CPA Registered Certified Public | 15 | | Accountant may renew the registration under the provisions of | 16 | | this Act and that person may continue to renew or restore the | 17 | | registration during his or her lifetime, subject only to the | 18 | | renewal or restoration requirements for the registration under | 19 | | this Act. Such registration shall be subject to the | 20 | | disciplinary provisions of this Act. | 21 | | (e) (Blank). On and after October 1, 2006, no person shall | 22 | | hold himself or herself out to the public in this State in any | 23 | | manner by using the title "certified public accountant" or use | 24 | | the abbreviation "C.P.A." or "CPA" or any words or letters to | 25 | | indicate that the person using the same is a certified public | 26 | | accountant unless he or she maintains a current registration or |
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| 1 | | license issued by the Department or is exercising the practice | 2 | | privilege afforded under Section 5.2 of this Act. It shall be a | 3 | | violation of this Act for an individual to assume or use the | 4 | | title "certified public accountant" or use the abbreviation | 5 | | "C.P.A." or "CPA" or any words or letters to indicate that the | 6 | | person using the same is a certified public accountant in this | 7 | | State unless he or she maintains a current registration or | 8 | | license issued by the Department or is exercising the practice | 9 | | privilege afforded under Section 5.2 of this Act.
| 10 | | (Source: P.A. 95-386, eff. 1-1-08; 96-945, eff. 6-25-10.)
| 11 | | (225 ILCS 450/5.2)
| 12 | | (Section scheduled to be repealed on January 1, 2014) | 13 | | Sec. 5.2. Substantial equivalency. | 14 | | (a) An individual whose principal place of business is not | 15 | | in this State shall have all the privileges of a person | 16 | | licensed under this Act as a licensed CPA certified public | 17 | | accountant without the need to obtain a license or registration | 18 | | from the Department or to file notice with the Department, if | 19 | | the individual: | 20 | | (1) holds a valid license as a certified public | 21 | | accountant issued by another state that the National | 22 | | Qualification Appraisal Service of the National | 23 | | Association of State Boards of Accountancy has verified to | 24 | | be in substantial equivalence with the CPA licensure | 25 | | requirements of the Uniform Accountancy Act of the American |
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| 1 | | Institute of Certified Public Accountants and the National | 2 | | Association of State Boards of Accountancy; or | 3 | | (2) holds a valid license as a certified public | 4 | | accountant issued by another state and obtains from the | 5 | | National Qualification Appraisal Service of the National | 6 | | Association of State Boards of Accountancy verification | 7 | | that the individual's CPA qualifications are substantially | 8 | | equivalent to the CPA licensure requirements of the Uniform | 9 | | Accountancy Act of the American Institute of Certified | 10 | | Public Accountants and the National Association of State | 11 | | Boards of Accountancy; however, any individual who has | 12 | | passed the Uniform CPA Examination and holds a valid | 13 | | license issued by any other state prior to January 1, 2012 | 14 | | shall be exempt from the education requirements of Section | 15 | | 3 of this Act for the purposes of this item (2). | 16 | | (b) Notwithstanding any other provision of law, an | 17 | | individual who offers or renders professional services under | 18 | | this Section, whether in person or by mail, telephone, or | 19 | | electronic means, shall be granted practice privileges in this | 20 | | State and no notice or other submission must be provided by any | 21 | | such individual. | 22 | | (c) An individual licensee of another state who is | 23 | | exercising the privilege afforded under this Section and the | 24 | | CPA firm that employs such individual, if any, as a condition | 25 | | of the grant of this privilege, hereby simultaneously consents: | 26 | | (1) to the personal and subject matter jurisdiction and |
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| 1 | | disciplinary authority of the Department; | 2 | | (2) to comply with this Act and the Department's rules | 3 | | adopted under this Act; | 4 | | (3) that in the event that the license from the state | 5 | | of the individual's principal place of business is no | 6 | | longer valid, the individual shall cease offering or | 7 | | rendering accountancy activities as outlined in paragraphs | 8 | | (1) and (2) of Section 8.05 professional services in this | 9 | | State individually or on behalf of a CPA firm; and | 10 | | (4) to the appointment of the state board that issued | 11 | | the individual's or the CPA firm's license as the agent | 12 | | upon which process may be served in any action or | 13 | | proceeding by the Department against the individual. | 14 | | (d) An individual licensee who qualifies for practice | 15 | | privileges under this Section who, for any entity headquartered | 16 | | in this State, performs (i) a financial statement audit or | 17 | | other engagement in accordance with Statements on Auditing | 18 | | Standards; (ii) an examination of prospective financial | 19 | | information in accordance with Statements on Standards for | 20 | | Attestation Engagements; or (iii) an engagement in accordance | 21 | | with Public Company Accounting Oversight Board Auditing | 22 | | Standards may only do so through a CPA firm licensed under this | 23 | | Act.
| 24 | | (Source: P.A. 95-386, eff. 1-1-08.)
| 25 | | (225 ILCS 450/7) (from Ch. 111, par. 5508)
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| 1 | | (Section scheduled to be repealed on January 1, 2014)
| 2 | | Sec. 7. Licensure. A holder of a
certificate or | 3 | | registration as a
certified public accountant
issued by the
| 4 | | Board
or Department shall not be entitled to practice public | 5 | | accounting, as
defined in Section 8, in this
State until the | 6 | | person has been licensed as a licensed CPA certified public
| 7 | | accountant by the Department.
| 8 | | The Department may refuse to issue or may suspend the | 9 | | license
of any person
who fails to file a return, or to pay the | 10 | | tax, penalty or interest shown in a
filed return, or to pay any | 11 | | final assessment of tax, penalty or interest, as
required by | 12 | | any tax Act administered by the Illinois Department of Revenue,
| 13 | | until such time as the requirements of any such tax Act are | 14 | | satisfied.
| 15 | | (Source: P.A. 92-457, eff. 7-1-04; 93-683, eff. 7-2-04.)
| 16 | | (225 ILCS 450/8) (from Ch. 111, par. 5509)
| 17 | | (Section scheduled to be repealed on January 1, 2014)
| 18 | | Sec. 8. Practicing as a licensed CPA public accountant or
| 19 | | licensed certified public accountant . Persons,
either | 20 | | individually, as
members of a partnership or limited liability | 21 | | company, or as officers of a
corporation, who sign, affix or | 22 | | associate their names or any trade or assumed
names used by | 23 | | them in a profession or business to any report expressing or
| 24 | | disclaiming an opinion on a financial statement based on an | 25 | | audit or
examination of that statement, or expressing assurance |
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| 1 | | on a financial
statement, shall be deemed to be in practice as | 2 | | licensed CPAs and are performing accountancy activities as | 3 | | outlined in paragraph (1) of subsection (a) of Section 8.05 | 4 | | licensed public accountants or licensed certified public
| 5 | | accountants within the
meaning and intent of this Act .
| 6 | | (Source: P.A. 92-457, eff. 7-1-04; 93-683, eff. 7-2-04.)
| 7 | | (225 ILCS 450/8.05 new) | 8 | | Sec. 8.05. Accountancy activities. | 9 | | (a) Accountancy activities are services performed by a CPA, | 10 | | including: | 11 | | (1) signing, affixing, or associating the names used by | 12 | | a person or CPA firm to any report expressing an assurance | 13 | | on a financial statement or disclaiming an opinion on a | 14 | | financial statement based on an audit or examination of | 15 | | that statement or to express assurance on a financial | 16 | | statement; | 17 | | (2) other attestation engagements not otherwise | 18 | | defined in paragraph (1); or | 19 | | (3) offering to perform or performing one or more types | 20 | | of the following services involving the use of professional | 21 | | skills or competencies: accounting, management, financial | 22 | | or consulting services, compilations, internal audit, | 23 | | preparation of tax returns, furnishing advice on tax | 24 | | matters, bookkeeping, or representations of taxpayers; | 25 | | this includes the teaching of any of these areas at the |
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| 1 | | college or university level. | 2 | | (b) If offering or performing accountancy activities using | 3 | | the CPA title set forth in paragraphs (1), (2), and (3) of | 4 | | subsection (a) of this Section, then: | 5 | | (1) the activities identified in paragraph (1) of | 6 | | subsection (a) may only be performed by licensed CPAs; | 7 | | (2) the activities identified in paragraph (2) of | 8 | | subsection (a) may only be performed by licensed or | 9 | | registered CPAs; and | 10 | | (3) the activities identified in paragraph (3) of | 11 | | subsection (a) are not restricted to licensed or registered | 12 | | CPAs, subject to the provisions of Section 9.02 of this | 13 | | Act.
| 14 | | (225 ILCS 450/9) (from Ch. 111, par. 5510)
| 15 | | (Section scheduled to be repealed on January 1, 2014)
| 16 | | Sec. 9. Unlicensed practice ; violation; civil penalty .
| 17 | | (a) Offering, attempting, or holding oneself out to | 18 | | practice as a licensed CPA or a registered CPA in this State | 19 | | without being licensed or registered under this Act or | 20 | | qualifying for the practice privilege set forth in Section 5.2 | 21 | | of this Act is prohibited. No person shall practice in this | 22 | | State or hold himself or herself out as being able to practice | 23 | | in this State
as a licensed certified public accountant, unless | 24 | | he or she
is licensed in accordance with the provisions
of this | 25 | | Act or is exercising the practice privilege afforded under |
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| 1 | | Section 5.2 of this Act. Any person who is the holder of a | 2 | | license as a public accountant
heretofore issued, under any | 3 | | prior Act licensing or registering public accountants
in this | 4 | | State, valid on the effective date of this amendatory Act shall
| 5 | | be deemed to be licensed under this Act shall be subject to the | 6 | | same
rights and obligations as persons originally licensed | 7 | | under this Act.
| 8 | | (b) The use of the title "certified public accountant", | 9 | | "Licensed Certified Public Accountant", "Registered Certified | 10 | | Public Accountant", "public accountant", or abbreviation | 11 | | "C.P.A." or any similar terms that may be misleading to the | 12 | | public indicating that an individual or the members of a firm | 13 | | are licensed or registered CPAs is prohibited unless (1) the | 14 | | individual or members are holders of an effective unrevoked | 15 | | license or registration or qualify for the practice privilege | 16 | | under Section 5.2 of this Act and (2) the firm is licensed as a | 17 | | CPA firm by the Department and is performing accounting | 18 | | activities as outlined in Section 8.05. | 19 | | (c) In addition to any other penalty provided by law, any | 20 | | individual or person violating subsection (a) or (b) of this | 21 | | Section shall pay a civil penalty to the Department in an | 22 | | amount not to exceed $10,000 for each offense as determined by | 23 | | the Department. The civil penalty shall be assessed by the | 24 | | Department after a hearing is held in accordance with the | 25 | | provisions set forth in this Act regarding the provision of a | 26 | | hearing for the discipline of a licensee. |
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| 1 | | (d) The Department has the authority and power to | 2 | | investigate any and all alleged improper use of the certified | 3 | | public accountant title or CPA designation and any unlicensed | 4 | | activity. | 5 | | (e) The civil penalty shall be paid within 60 days after | 6 | | the effective date of the order imposing the civil penalty. The | 7 | | order shall constitute a judgment and may be filed and | 8 | | execution had thereon in the same manner as any judgment from | 9 | | any court of record. | 10 | | (Source: P.A. 95-386, eff. 1-1-08.)
| 11 | | (225 ILCS 450/9.2) (from Ch. 111, par. 5510.2)
| 12 | | (Section scheduled to be repealed on January 1, 2014)
| 13 | | Sec. 9.2. Powers and duties of the Department.
| 14 | | (a) The Department shall exercise the powers and
duties
| 15 | | prescribed
by "The Civil Administrative Code of Illinois" for | 16 | | the administration of
licensing acts and shall exercise such | 17 | | other powers and duties invested by this
Act.
| 18 | | (b) The Secretary Director may promulgate rules consistent | 19 | | with the
provisions of
this Act for the administration and | 20 | | enforcement of the provisions of this Act for which the | 21 | | Department is responsible and for the payment
of fees connected | 22 | | therewith and may prescribe forms which shall be issued
in | 23 | | connection therewith. The rules shall include standards and | 24 | | criteria
for licensure and professional conduct and | 25 | | discipline.
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| 1 | | (c) The Department may solicit the advice and expert | 2 | | knowledge of the Committee or the Board on any matter relating | 3 | | to the administration and enforcement of this Act.
| 4 | | The Department may, in its discretion, employ or use the | 5 | | legal services of outside counsel and the investigative | 6 | | services of outside personnel to assist the Department, and the | 7 | | Department is authorized to pay for such services from the | 8 | | Registered Certified Public Accountants' Administration and | 9 | | Disciplinary Fund. | 10 | | (Source: P.A. 92-457, eff. 7-1-04; 93-683, eff. 7-2-04.)
| 11 | | (225 ILCS 450/9.3)
| 12 | | (Section scheduled to be repealed on January 1, 2014) | 13 | | Sec. 9.3. Sharing of information. Notwithstanding any | 14 | | other provision of this Act, for the purpose of carrying out | 15 | | their respective duties and responsibilities under this Act and | 16 | | to effectuate the purpose of this Act, both the Board of | 17 | | Examiners and the Department of Financial and Professional | 18 | | Regulation are authorized and directed to share information | 19 | | with each other regarding those individuals and entities | 20 | | licensed or certified or applying for licensure or | 21 | | certification under this Act.
| 22 | | (Source: P.A. 94-779, eff. 5-19-06.)
| 23 | | (225 ILCS 450/13) (from Ch. 111, par. 5514)
| 24 | | (Section scheduled to be repealed on January 1, 2014)
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| 1 | | Sec. 13. Application for licensure.
| 2 | | (a) A person or CPA firm that wishes to perform accountancy | 3 | | activities , partnership, limited liability
company, or | 4 | | corporation desiring to practice public accounting in this | 5 | | State , as defined in paragraph (1) of subsection (a) of Section | 6 | | 8.05 of this Act, or use the CPA title
shall make application | 7 | | to the Department for licensure as a
licensed certified public | 8 | | accountant
and shall pay the fee required by rule.
| 9 | | Applicants have 3 years from the date of application to | 10 | | complete the
application process. If the process has not been | 11 | | completed in 3 years,
the application shall be denied, the fee | 12 | | forfeited and the applicant must
reapply and meet the | 13 | | requirements in effect at the time of reapplication.
| 14 | | (b) Any CPA firm , whether organized as a partnership, | 15 | | limited liability company, corporation, or other entity, that | 16 | | (i) has an office in this State that uses the title "CPA" or | 17 | | "CPA firm"; (ii) has an office in this State that performs | 18 | | accountancy activities public accounting services , as defined | 19 | | in paragraph (1) of subsection (a) of Section 8.05 8 of this | 20 | | Act; or (iii) does not have an office in this State, but | 21 | | performs attest services, as set forth in subsection (d) of | 22 | | Section 5.2 of this Act, for a client that is headquartered has | 23 | | its home office in this State must hold a license as a CPA firm | 24 | | issued under this Act. | 25 | | (c) A CPA firm that does not have an office in this State | 26 | | may perform a review of a financial statement in accordance |
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| 1 | | with the Statements on Standards for Accounting and Review | 2 | | Services for a client with its headquarters home office in this | 3 | | State and may use the title "CPA" or "CPA firm" without | 4 | | obtaining a license as a CPA firm under this Act, only if the | 5 | | firm (i) performs such services through individuals with | 6 | | practice privileges under Section 5.2 of this Act; (ii) | 7 | | satisfies any peer review requirements in those states in which | 8 | | the individuals with practice privileges under Section 5.2 have | 9 | | their principal place of business; and (iii) meets the | 10 | | qualifications set forth in paragraph (1) of Section 14.4 item | 11 | | (2) of subsection (b) of Section 14 of this Act. | 12 | | (d) A CPA firm that is not subject to the requirements of | 13 | | subsection (b) or (c) of this Section may perform professional | 14 | | services that are not regulated under subsection (b) or (c) of | 15 | | this Section while using the title "CPA" or "CPA firm" in this | 16 | | State without obtaining a license as a CPA firm under this Act | 17 | | if the firm (i) performs such services through individuals with | 18 | | practice privileges under Section 5.2 of this Act and (ii) may | 19 | | lawfully perform such services in the state where those | 20 | | individuals with practice privileges under Section 5.2 of this | 21 | | Act have their principal place of business. | 22 | | (Source: P.A. 95-386, eff. 1-1-08.)
| 23 | | (225 ILCS 450/14) (from Ch. 111, par. 5515)
| 24 | | (Section scheduled to be repealed on January 1, 2014)
| 25 | | Sec. 14. Qualifications for licensure as a licensed CPA . |
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| 1 | | The Department may
license as licensed CPAs individuals meeting | 2 | | the following requirements
licensed certified public | 3 | | accountants the following :
| 4 | | (a) All persons who have received certificates as certified | 5 | | public accountants from the Board or who hereafter received | 6 | | receive registrations as registered CPAs certified public | 7 | | accountants from the Department who have had at least one year
| 8 | | of full-time experience, or its equivalent, providing any type
| 9 | | of service or advice involving
the use of accounting, audit | 10 | | attest , management advisory, financial advisory, tax, or
| 11 | | consulting skills, or other attestation engagements which may | 12 | | be gained through employment in government,
industry, | 13 | | academia, or public practice.
| 14 | | (a-5) If the applicant's certificate as a certified public | 15 | | accountant from the Board or the applicant's registration as a | 16 | | registered CPA certified public accountant from the Department | 17 | | was issued more than 4 years prior to the
application for a | 18 | | license as a licensed CPA under this Section, the applicant | 19 | | shall
submit any evidence the Department may require showing | 20 | | the
applicant has
completed not less than 90 hours of | 21 | | continuing professional education
acceptable to the Department
| 22 | | within the 3 years immediately
preceding the date
of | 23 | | application.
| 24 | | (b) (Blank). All partnerships, limited liability | 25 | | companies, or corporations, or
other entities engaged in the | 26 | | practice of public accounting in this State and
meeting the |
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| 1 | | following requirements:
| 2 | | (1) (Blank).
| 3 | | (2) A majority of the ownership of the firm, in terms | 4 | | of
financial interests and voting rights of all partners,
| 5 | | officers, shareholders, members, or managers, belongs to
| 6 | | persons licensed in some state, and the partners, officers,
| 7 | | shareholders, members, or managers whose principal place | 8 | | of
business is in this State and who practice public | 9 | | accounting
in this State, as defined in Section 8 of this | 10 | | Act, hold a
valid license issued by this State. An | 11 | | individual exercising the practice privilege afforded | 12 | | under Section 5.2 who performs services for which a firm | 13 | | license is required under subsection (d) of Section 5.2 | 14 | | shall not be required to obtain an individual license under | 15 | | this Act.
| 16 | | (3) It shall be lawful for a nonprofit cooperative | 17 | | association engaged
in rendering an auditing and | 18 | | accounting service to its members only, to
continue to | 19 | | render that service provided that the rendering of auditing | 20 | | and
accounting service by the cooperative association | 21 | | shall at all times be under
the control and supervision of | 22 | | licensed certified public accountants.
| 23 | | (4) The Department may adopt rules and regulations as
| 24 | | necessary to provide
for the practice of public accounting | 25 | | by business entities that may be
otherwise authorized by | 26 | | law to conduct business in Illinois.
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| 1 | | (Source: P.A. 95-386, eff. 1-1-08.)
| 2 | | (225 ILCS 450/14.1)
| 3 | | (Section scheduled to be repealed on January 1, 2014)
| 4 | | Sec. 14.1. Foreign accountants. The Department may shall | 5 | | issue a
license as a licensed CPA to a
holder of a foreign | 6 | | designation, granted in a foreign country entitling the
holder | 7 | | thereof to engage in the practice of public accounting , | 8 | | provided that:
| 9 | | (a) the applicant is the holder of a certificate as a | 10 | | certified public accountant from the Board or a | 11 | | registration as a registered CPA certified public | 12 | | accountant from the Department
issued under
this Act;
| 13 | | (b) (Blank) the foreign authority that granted the | 14 | | designation makes similar
provision to allow a person who | 15 | | holds a valid license issued by this State to
obtain a | 16 | | foreign authority's comparable designation ;
| 17 | | (c) the foreign designation (i) was duly issued by a | 18 | | foreign authority that
regulates the practice of public | 19 | | accounting and the foreign designation has not
expired or | 20 | | been revoked or suspended; (ii) entitles the holder to | 21 | | issue reports
upon financial statements; and (iii) was | 22 | | issued upon the basis of educational,
examination, and | 23 | | experience requirements established by the foreign | 24 | | authority
or by law; and
| 25 | | (d) the applicant (i) received the designation based on |
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| 1 | | standards
substantially equivalent to those in effect in | 2 | | this State at the time the
foreign designation was granted; | 3 | | and (ii) completed an experience requirement,
| 4 | | substantially equivalent to the requirement set out in | 5 | | Section 14, in the
jurisdiction that granted the foreign | 6 | | designation or has completed 5 years of
experience in the | 7 | | practice of public accounting in this State, or meets
| 8 | | equivalent requirements prescribed by the Department by | 9 | | rule,
within the 10
years immediately preceding the | 10 | | application.
| 11 | | Applicants have 3 years from the date of application to | 12 | | complete the application process. If the process has not been | 13 | | completed in 3 years, the application shall be denied, the fee | 14 | | shall be forfeited, and the applicant must reapply and meet the | 15 | | requirements in effect at the time of reapplication.
| 16 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 17 | | (225 ILCS 450/14.2)
| 18 | | (Section scheduled to be repealed on January 1, 2014)
| 19 | | Sec. 14.2. Licensure by endorsement.
| 20 | | (a) The Department shall issue a
license as a licensed CPA | 21 | | certified public accountant to any applicant
who holds a | 22 | | current, valid, and unrevoked license certificate as a | 23 | | certified public accountant issued from another state by the
| 24 | | Board of Examiners or similar certification from another | 25 | | jurisdiction with equivalent educational requirements and |
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| 1 | | examination standards, applies to the Department on forms | 2 | | supplied by the Department, and pays the required fee,
| 3 | | provided:
| 4 | | (1) the individual applicant is determined by the | 5 | | Department
to possess
qualifications substantially | 6 | | equivalent to this State's current
licensing requirements;
| 7 | | (2) at the time the applicant received his or her | 8 | | current valid and
unrevoked license or permit , the | 9 | | applicant possessed qualifications
substantially | 10 | | equivalent to the qualifications for licensure then in | 11 | | effect in
this State; or
| 12 | | (3) the applicant has, after passing the examination | 13 | | upon which his or her
license or other permit to practice | 14 | | was based, not less than 4 years of
experience as outlined | 15 | | in Section 14 of this Act in the practice of public | 16 | | accounting within the 10 years immediately
before the | 17 | | application.
| 18 | | (b) In determining the substantial equivalency of any
| 19 | | state's requirements to Illinois' requirements, the
Department | 20 | | may rely on the determinations of the National
Qualification | 21 | | Appraisal Service of the National Association
of State Boards | 22 | | of Accountancy or such other qualification
appraisal service as | 23 | | it deems appropriate.
| 24 | | (c) Applicants have 3 years from the date of application to | 25 | | complete the application process. If the process has not been | 26 | | completed in 3 years, the application shall be denied, the fee |
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| 1 | | shall be forfeited, and the applicant must reapply and meet the | 2 | | requirements in effect at the time of reapplication.
| 3 | | (Source: P.A. 92-457, eff. 7-1-04; 93-683, eff. 7-2-04.)
| 4 | | (225 ILCS 450/14.4 new) | 5 | | Sec. 14.4. Qualifications for licensure as a CPA firm. The | 6 | | Department may license as licensed CPA firms individuals or | 7 | | entities meeting the following requirements: | 8 | | (1) A majority of the ownership of the firm, in terms | 9 | | of financial interests and voting rights of all partners, | 10 | | officers, shareholders, members, or belongs to persons | 11 | | licensed or registered in some state. All partners, | 12 | | officers, shareholders, or members, whose principal place | 13 | | of business is in this State and who have overall | 14 | | responsibility for accountancy activities in this State, | 15 | | as defined in paragraph (1) of subsection (a) of Section | 16 | | 8.05 of this Act, must hold a valid license as a licensed | 17 | | CPA issued by this State. An individual exercising the | 18 | | practice privilege afforded under Section 5.2 who performs | 19 | | services for which a firm license is required under | 20 | | subsection (d) of Section 5.2 shall not be required to | 21 | | obtain an individual license under this Act. | 22 | | (2) All owners of the CPA firm, whether licensed as a | 23 | | licensed CPA or not, shall be active participants in the | 24 | | CPA firm or its affiliated entities and shall comply with | 25 | | the rules adopted under this Act. |
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| 1 | | (3) It shall be lawful for a nonprofit cooperative | 2 | | association engaged in rendering an auditing and | 3 | | accounting service to its members only to continue to | 4 | | render that service provided that the rendering of auditing | 5 | | and accounting service by the cooperative association | 6 | | shall at all times be under the control and supervision of | 7 | | licensed CPAs. | 8 | | (4) An individual who supervises services for which a | 9 | | license is required under paragraph (1) of subsection (a) | 10 | | of Section 8.05 of this Act, who signs or authorizes | 11 | | another to sign any report for which a license is required | 12 | | under paragraph (1) of subsection (a) of Section 8.05 of | 13 | | this Act, or who supervises services for which a CPA firm | 14 | | license is required under subsection (d) of Section 5.2 of | 15 | | this Act shall hold a valid, active licensed CPA license | 16 | | from this State or another state considered to be | 17 | | substantially equivalent under paragraph (1) of subsection | 18 | | (a) of Section 5.2. | 19 | | (5) The CPA firm shall designate to the Department in | 20 | | writing an individual licensed as a licensed CPA under this | 21 | | Act or, in the case of a firm that must have a CPA firm | 22 | | license pursuant to subsection (b) of Section 13 of this | 23 | | Act, a licensee of another state who meets the requirements | 24 | | set out in paragraph (1) or (2) of subsection (a) of | 25 | | Section 5.2 of this Act, who shall be responsible for the | 26 | | proper licensure of the CPA firm.
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| 1 | | (225 ILCS 450/16) (from Ch. 111, par. 5517)
| 2 | | (Section scheduled to be repealed on January 1, 2014)
| 3 | | Sec. 16. Expiration and renewal of licenses; renewal of | 4 | | registration;
continuing education. | 5 | | (a) The expiration date and renewal period for each license | 6 | | or registration
issued under this Act shall be set by rule.
| 7 | | (b) Every holder of a license or registration under this | 8 | | Act may renew such license or registration before the | 9 | | expiration date upon payment of the required renewal fee as set | 10 | | by rule.
| 11 | | (c) Every application for renewal of a license by a | 12 | | licensed CPA certified public accountant who has been licensed | 13 | | under this Act for 3 years or more shall be accompanied or | 14 | | supported by any evidence the Department shall prescribe, in | 15 | | satisfaction of completing, each 3 years, not less than 120 | 16 | | hours of continuing professional education as prescribed by | 17 | | Department rules programs in subjects given by continuing | 18 | | education sponsors registered by the Department upon | 19 | | recommendation of the Committee . Of the 120 hours, not less | 20 | | than 4 hours shall be courses covering the subject of | 21 | | professional ethics. All continuing education sponsors | 22 | | applying to the Department for registration shall be required | 23 | | to submit an initial nonrefundable application fee set by | 24 | | Department rule. Each registered continuing education sponsor | 25 | | shall be required to pay an annual renewal fee set by |
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| 1 | | Department rule. Publicly supported colleges, universities, | 2 | | and governmental agencies located in Illinois are exempt from | 3 | | payment of any fees required for continuing education sponsor | 4 | | registration. Failure by a continuing education sponsor to be | 5 | | licensed or pay the fees prescribed in this Act, or to comply | 6 | | with the rules and regulations established by the Department | 7 | | under this Section regarding requirements for continuing | 8 | | education courses or sponsors, shall constitute grounds for | 9 | | revocation or denial of renewal of the sponsor's registration. | 10 | | (d) Licensed CPAs Certified Public Accountants are exempt | 11 | | from the continuing professional education requirement for the | 12 | | first renewal period following the original issuance of the | 13 | | license. | 14 | | Notwithstanding the provisions of subsection (c), the | 15 | | Department may accept courses and sponsors approved by other | 16 | | states, by the American Institute of Certified Public | 17 | | Accountants, by other state CPA societies, or by national | 18 | | accrediting organizations such as the National Association of | 19 | | State Boards of Accountancy. | 20 | | Failure by an applicant for renewal of a license as a | 21 | | licensed CPA certified public accountant to furnish the | 22 | | evidence shall constitute grounds for disciplinary action, | 23 | | unless the Department in its discretion shall determine the | 24 | | failure to have been due to reasonable cause. The Department, | 25 | | in its discretion, may renew a license despite failure to | 26 | | furnish evidence of satisfaction of requirements of continuing |
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| 1 | | education upon condition that the applicant follow a particular | 2 | | program or schedule of continuing education. In issuing rules | 3 | | and individual orders in respect of requirements of continuing | 4 | | education, the Department in its discretion may, among other | 5 | | things, use and rely upon guidelines and pronouncements of | 6 | | recognized educational and professional associations; may | 7 | | prescribe rules for the content, duration, and organization of | 8 | | courses; shall take into account the accessibility to | 9 | | applicants of such continuing education as it may require, and | 10 | | any impediments to interstate practice of public accounting | 11 | | that may result from differences in requirements in other | 12 | | states; and may provide for relaxation or suspension of | 13 | | requirements in regard to applicants who certify that they do | 14 | | not intend to engage in the performance of accountancy | 15 | | activities practice of public accounting , and for instances of | 16 | | individual hardship. | 17 | | The Department shall establish by rule a means for the | 18 | | verification of completion of the continuing education | 19 | | required by this Section. This verification may be accomplished | 20 | | through audits of records maintained by licensees; by requiring | 21 | | the filing of continuing education certificates with the | 22 | | Department; or by other means established by the Department. | 23 | | The Department may establish, by rule, guidelines for | 24 | | acceptance of continuing education on behalf of licensed CPAs | 25 | | certified public accountants taking continuing education | 26 | | courses in other jurisdictions.
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| 1 | | (e) For renewals on and after July 1, 2012, as a condition | 2 | | for granting a renewal license to CPA firms and sole | 3 | | practitioners who perform accountancy activities outlined in | 4 | | paragraph (1) of subsection (a) of Section 8.05 provide | 5 | | services requiring a license under this Act, the Department | 6 | | shall require that the CPA firm or sole practitioner | 7 | | satisfactorily complete a peer review during the immediately | 8 | | preceding 3-year period, accepted by a Peer Review | 9 | | Administrator in accordance with established standards for | 10 | | performing and reporting on peer reviews, unless the CPA firm | 11 | | or sole practitioner is exempted under the provisions of | 12 | | subsection (i) of this Section. A CPA firm or sole practitioner | 13 | | shall, at the request of the Department, submit to the | 14 | | Department a letter from the Peer Review Administrator stating | 15 | | the date on which the peer review was satisfactorily completed. | 16 | | A new CPA firm or sole practitioner not subject to | 17 | | subsection (l) of this Section shall not be required to comply | 18 | | with the peer review requirements for the first license | 19 | | renewal. A CPA firm or sole practitioner shall undergo its | 20 | | first peer review during the first full renewal cycle after it | 21 | | is granted its initial license.
| 22 | | The requirements of this subsection (e) shall not apply to | 23 | | any person providing services requiring a license under this | 24 | | Act to the extent that such services are provided in the | 25 | | capacity of an employee of the Office of the Auditor General or | 26 | | to a nonprofit cooperative association engaged in the rendering |
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| 1 | | of licensed service to its members only under paragraph (3) of | 2 | | Section 14.4 subsection (b) of Section 14 of this Act or any of | 3 | | its employees to the extent that such services are provided in | 4 | | the capacity of an employee of the association. | 5 | | (f) The Department shall approve only Peer Review | 6 | | Administrators that the Department finds comply with | 7 | | established standards for performing and reporting on peer | 8 | | reviews. The Department may adopt rules establishing | 9 | | guidelines for peer reviews, which shall do all of the | 10 | | following:
| 11 | | (1) Require that a peer review be conducted by a | 12 | | reviewer that is independent of the CPA firm reviewed and | 13 | | approved by the Peer Review Administrator under | 14 | | established standards. | 15 | | (2) Other than in the peer review process, prohibit the | 16 | | use or public disclosure of information obtained by the | 17 | | reviewer, the Peer Review Administrator, or the Department | 18 | | during or in connection with the peer review process. The | 19 | | requirement that information not be publicly disclosed | 20 | | shall not apply to a hearing before the Department that the | 21 | | CPA firm or sole practitioner requests be public or to the | 22 | | information described in paragraph (3) of subsection (i) of | 23 | | this Section. | 24 | | (g) If a CPA firm or sole practitioner fails to | 25 | | satisfactorily complete a peer review as required by subsection | 26 | | (e) of this Section or does not comply with any remedial |
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| 1 | | actions determined necessary by the Peer Review Administrator, | 2 | | the Peer Review Administrator shall notify the Department of | 3 | | the failure and shall submit a record with specific references | 4 | | to the rule, statutory provision, professional standards, or | 5 | | other applicable authority upon which the Peer Review | 6 | | Administrator made its determination and the specific actions | 7 | | taken or failed to be taken by the licensee that in the opinion | 8 | | of the Peer Review Administrator constitutes a failure to | 9 | | comply. The Department may at its discretion or shall upon | 10 | | submission of a written application by the CPA firm or sole | 11 | | practitioner hold a hearing under Section 20.1 of this Act to | 12 | | determine whether the CPA firm or sole practitioner has | 13 | | complied with subsection (e) of this Section. The hearing shall | 14 | | be confidential and shall not be open to the public unless | 15 | | requested by the CPA firm or sole practitioner. | 16 | | (h) The CPA firm or sole practitioner reviewed shall pay | 17 | | for any peer review performed. The Peer Review Administrator | 18 | | may charge a fee to each firm and sole practitioner sufficient | 19 | | to cover costs of administering the peer review program. | 20 | | (i) A CPA firm or sole practitioner shall not be required | 21 | | to comply with the peer review requirements be exempt from the | 22 | | requirement to undergo a peer review if: | 23 | | (1) Within 3 years before the date of application for | 24 | | renewal licensure, the sole practitioner or CPA firm has | 25 | | undergone a peer review conducted in another state or | 26 | | foreign jurisdiction that meets the requirements of |
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| 1 | | paragraphs (1) and (2) of subsection (f) of this Section. | 2 | | The sole practitioner or CPA firm shall , at the request of | 3 | | the Department, submit to the Department a letter from the | 4 | | organization administering the most recent peer review | 5 | | stating the date on which the peer review was completed; or | 6 | | (2) Within 2 years before the date of application for | 7 | | renewal licensure, the The sole practitioner or CPA firm | 8 | | satisfies all of the following conditions: | 9 | | (A) has not accepted or performed any accountancy | 10 | | activities outlined in paragraph (1) of subsection (a) | 11 | | of Section 8.05 of this Act; and during the preceding 2 | 12 | | years, the firm or sole practitioner has not accepted | 13 | | or performed any services requiring a license under | 14 | | this Act; | 15 | | (B) the firm or sole practitioner agrees to notify | 16 | | the Peer Review Administrator Department within 30 | 17 | | days of accepting an engagement for services requiring | 18 | | a license under this Act and to undergo a peer review | 19 | | within 18 months after the end of the period covered by | 20 | | the engagement; or | 21 | | (3) For reasons of personal health, military service, | 22 | | or other good cause, the Department determines that the | 23 | | sole practitioner or firm is entitled to an exemption, | 24 | | which may be granted for a period of time not to exceed 12 | 25 | | months. | 26 | | (j) If a peer review report indicates that a CPA firm or |
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| 1 | | sole practitioner complies with the appropriate professional | 2 | | standards and practices set forth in the rules of the | 3 | | Department and no further remedial action is required, the Peer | 4 | | Review Administrator shall, after issuance of the final letter | 5 | | of acceptance, destroy all working papers and documents related | 6 | | to the peer review, other than report-related documents and | 7 | | documents evidencing completion of remedial actions, if any, in | 8 | | accordance with rules established by the Department. | 9 | | (k) (Blank). | 10 | | (Source: P.A. 96-945, eff. 6-25-10.)
| 11 | | (225 ILCS 450/17) (from Ch. 111, par. 5518)
| 12 | | (Section scheduled to be repealed on January 1, 2014)
| 13 | | Sec. 17. Fees; returned checks; fines. The fees for the | 14 | | administration and enforcement of this Act, including, but not | 15 | | limited to, original licensure, registration, renewal, and | 16 | | restoration fees, shall be set by the Department by rule. The | 17 | | fees shall be nonrefundable. Each person, partnership, limited
| 18 | | liability company, and corporation, to which a license or | 19 | | registration is issued, shall pay
a fee to be established by | 20 | | the Department which allows the Department to pay all
costs and | 21 | | expenses incident to the administration of this Act. Interim
| 22 | | licenses shall be at full rates.
| 23 | | The Department, by rule, shall establish fees to be paid | 24 | | for certification
of records, and copies of this Act and the | 25 | | rules issued for administration
of this Act.
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| 1 | | Any person who delivers a check or other payment to the | 2 | | Department that is
returned to the Department
unpaid by the | 3 | | financial institution upon which it is
drawn shall pay to the | 4 | | Department, in addition to the amount already owed to the
| 5 | | Department, a fine of $50.
The fines imposed by this Section | 6 | | are in addition to any other discipline
provided under this Act | 7 | | for unlicensed practice or practice on a nonrenewed
license or | 8 | | registration. The Department shall notify the person that | 9 | | payment of fees and fines
shall be paid to the Department by | 10 | | certified check or money order within 30 calendar
days of the | 11 | | notification. If, after the expiration of 30 days from the date
| 12 | | of the notification, the person has failed to submit the | 13 | | necessary remittance,
the Department
shall automatically | 14 | | terminate the license or registration or deny the
application, | 15 | | without hearing. If, after termination or denial, the person
| 16 | | seeks a license or registration, he or she shall apply to the | 17 | | Department for
restoration or issuance of the license or | 18 | | registration and pay all fees and
fines due to the Department. | 19 | | The Department may establish
a fee for the processing of an | 20 | | application for restoration of a license or
registration to pay | 21 | | all expenses of processing this application. The Department
may | 22 | | waive the fines due under this Section in individual cases | 23 | | where the
Department
finds that the fines would be unreasonable | 24 | | or unnecessarily burdensome.
| 25 | | (Source: P.A. 92-146, eff. 1-1-02; 92-457, eff. 7-1-04; 92-651, | 26 | | eff. 7-11-02; 93-683, eff. 7-2-04.)
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| 1 | | (225 ILCS 450/17.1) (from Ch. 111, par. 5518.1)
| 2 | | (Section scheduled to be repealed on January 1, 2014)
| 3 | | Sec. 17.1. Restoration. | 4 | | (a) Any registered CPA certified public accountant who has | 5 | | permitted his or her registration to expire or who has had his | 6 | | or her registration on inactive status may have his or her | 7 | | registration restored by making application to the Department | 8 | | and filing proof acceptable to the Department as defined by | 9 | | rule of his or her fitness to have his or her registration | 10 | | restored, which may include sworn evidence certifying to active | 11 | | practice in another jurisdiction satisfactory to the | 12 | | Department and by paying the required restoration fee.
| 13 | | (b) Any licensed CPA certified public accountant who has | 14 | | permitted
his or her license to expire
or who has had his or | 15 | | her license on inactive status may have his or her license | 16 | | restored
by making application to the Department and filing | 17 | | proof
acceptable to the
Department as defined by rule of his or | 18 | | her fitness to have his or her license restored, including
| 19 | | sworn
evidence certifying to active practice in another | 20 | | jurisdiction satisfactory
to the Department and by paying the | 21 | | required restoration fee
and by submitting proof of the
| 22 | | required continuing education.
| 23 | | (c) If the licensed CPA certified public accountant or | 24 | | registered CPA certified public accountant has not maintained | 25 | | an active
practice in another
jurisdiction satisfactory to the |
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| 1 | | Department, the Department shall determine,
by an evaluation | 2 | | program established by rule, fitness to resume active status
| 3 | | and may require the applicant to complete a period of | 4 | | supervised
experience.
| 5 | | Any licensed CPA However, any licensed certified public | 6 | | accountant or registered CPA certified public accountant whose | 7 | | license or registration expired
while he or she was (1) in
| 8 | | Federal Service on active duty with the Armed Forces of the | 9 | | United States,
or the State Militia called into service or | 10 | | training, or (2) in training
or education under the supervision | 11 | | of the United States preliminary to
induction
into the military | 12 | | service, may have his or her license or registration renewed | 13 | | reinstated or restored
without
paying any lapsed renewal and | 14 | | restoration fees if within 2 years after
honorable termination
| 15 | | of such service, training or education except under conditions | 16 | | other than
honorable, he or she furnished
the Department with | 17 | | satisfactory evidence to the effect that he or she
has been
so | 18 | | engaged and that his or her service, training , or education has | 19 | | been so terminated.
| 20 | | (Source: P.A. 92-457, eff. 7-1-04; 93-683, eff. 7-2-04.)
| 21 | | (225 ILCS 450/17.2) (from Ch. 111, par. 5518.2)
| 22 | | (Section scheduled to be repealed on January 1, 2014)
| 23 | | Sec. 17.2. Inactive status. | 24 | | (a) Any licensed or registered CPA with an active, | 25 | | unencumbered license or registration licensed certified public |
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| 1 | | accountant or Registered Certified Public Accountant who | 2 | | notifies the
Department in writing
on forms prescribed by the | 3 | | Department, may elect to place his or her
license or | 4 | | registration on
an inactive status and shall, subject to rules | 5 | | of the Department,
be excused
from payment of renewal fees and | 6 | | completion of continuing education hours until he or she | 7 | | notifies the Department in
writing
of his or her desire to | 8 | | resume active status.
| 9 | | (b) Any licensed CPA licensed certified public accountant | 10 | | requesting restoration from
inactive status shall
be required | 11 | | to pay the current renewal fee, shall be required to submit
| 12 | | proof of the required continuing education,
and shall be | 13 | | required to comply with any requirements established by rule | 14 | | restore
his license, as provided in this Act .
| 15 | | (c) Any registered CPA Registered Certified Public | 16 | | Accountant requesting restoration from inactive status shall | 17 | | be required to pay the current renewal fee and shall be | 18 | | required to comply with any requirements established by rule.
| 19 | | (d) Any licensed CPA or registered CPA licensed certified | 20 | | public accountant whose license is in an inactive
status shall | 21 | | not perform accountancy activities outlined in Section 8.05 of | 22 | | this Act
practice public accounting in this State of Illinois .
| 23 | | (e) Any licensed CPA or registered CPA Registered Certified | 24 | | Public Accountant whose license or registration is in an | 25 | | inactive status shall not in any manner hold himself or herself | 26 | | out to the public as a CPA, except in accordance with |
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| 1 | | subsection (f) of this Section C.P.A. or R.C.P.A .
| 2 | | (f) Any licensed CPA whose license is in inactive status | 3 | | may use the title "CPA (inactive)" if: | 4 | | (1) he or she is not performing accountancy activities | 5 | | outlined in Section 8.05; or | 6 | | (2) he or she is performing governance functions on a | 7 | | non-profit volunteer board using his or her accountancy | 8 | | skills and competencies and complies with the following | 9 | | requirements: | 10 | | (A) he or she discloses to the non-profit volunteer | 11 | | board and respective committees that his or her license | 12 | | is on inactive status; and | 13 | | (B) he or she is not serving as an audit committee | 14 | | financial expert as defined in Section 407 of the | 15 | | federal Sarbanes-Oxley Act of 2002. | 16 | | The Department may, in its discretion, license as a | 17 | | licensed
certified public accountant,
on payment of the | 18 | | required fee, an applicant who is a licensed certified
public | 19 | | accountant
licensed under the laws of another jurisdiction if | 20 | | the requirements for
licensure of licensed certified public | 21 | | accountants in the jurisdiction in
which the applicant
was | 22 | | licensed were, at the date of his licensure, substantially | 23 | | equivalent
to the requirements in force in this State on that | 24 | | date.
| 25 | | Applicants have 3 years from the date of application to | 26 | | complete the
application process. If the process has not been |
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| 1 | | completed in 3 years,
the application shall be denied, the fee | 2 | | forfeited and the applicant must
reapply and meet the | 3 | | requirements in effect at the time of reapplication.
| 4 | | (Source: P.A. 92-457, eff. 7-1-04; 93-683, eff. 7-2-04.)
| 5 | | (225 ILCS 450/17.3 new) | 6 | | Sec. 17.3. Restoration of license from discipline. At any | 7 | | time after the successful completion of a term of indefinite | 8 | | probation, suspension, or revocation of a license or | 9 | | registration, the Department may restore the license or | 10 | | registration to active status, unless, after an investigation | 11 | | and a hearing, the Secretary determines that restoration is not | 12 | | in the public interest. No person or entity whose license, | 13 | | certificate, or authority has been revoked as authorized in | 14 | | this Act may apply for restoration of that license, | 15 | | certification, or authority until such time as provided for in | 16 | | the Civil Administrative Code of Illinois.
| 17 | | (225 ILCS 450/20.01) (from Ch. 111, par. 5521.01)
| 18 | | (Section scheduled to be repealed on January 1, 2014)
| 19 | | Sec. 20.01. Grounds for discipline; license or | 20 | | registration.
| 21 | | (a) The Department may refuse to issue or renew, or may | 22 | | revoke, suspend, or
reprimand any registration or registrant,
| 23 | | any license or licensee, place a licensee or registrant on | 24 | | probation for a period
of time subject to any conditions the |
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| 1 | | Department may specify including requiring
the licensee or | 2 | | registrant to attend continuing education courses or to work | 3 | | under the
supervision of another licensee or registrant, impose | 4 | | a fine not to exceed $10,000 $5,000 for each
violation, | 5 | | restrict the authorized scope of practice, or require a | 6 | | licensee
or registrant to undergo a peer review program, assess | 7 | | costs as provided for under Section 20.4, or take other | 8 | | disciplinary or non-disciplinary action for any one or more of | 9 | | the following:
| 10 | | (1) Violation of any provision of this Act or rule | 11 | | adopted by the Department under this Act or violation of | 12 | | professional standards .
| 13 | | (2) Dishonesty, fraud, or deceit in obtaining, | 14 | | reinstating, or restoring a license or registration | 15 | | Attempting to procure a license or registration to practice | 16 | | under this Act by
bribery or fraudulent | 17 | | misrepresentations .
| 18 | | (3) Cancellation, revocation, suspension, denial of | 19 | | licensure or registration, or refusal to renew a license or | 20 | | privileges under Section 5.2 for disciplinary reasons in | 21 | | any other U.S. jurisdiction, unit of government, or | 22 | | government agency for any cause Having a license to | 23 | | practice public accounting or registration revoked, | 24 | | suspended,
or otherwise acted against, including the | 25 | | denial of licensure or registration, by the licensing or | 26 | | registering
authority of another state, territory, or |
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| 1 | | country, including but not limited to the District of | 2 | | Columbia, or any United States
territory. No disciplinary | 3 | | action shall be taken in Illinois if the action
taken in | 4 | | another jurisdiction was based upon failure to meet the | 5 | | continuing
professional education requirements of that | 6 | | jurisdiction and the applicable
Illinois continuing | 7 | | professional education requirements are met .
| 8 | | (4) Failure, on the part of a licensee under Section 13 | 9 | | or registrant under Section 16, to maintain compliance with | 10 | | the requirements for issuance or renewal of a license or | 11 | | registration or to report changes to the Department Being | 12 | | convicted or found guilty, regardless of adjudication, of a
| 13 | | crime in any jurisdiction which directly relates to the | 14 | | practice of public
accounting or the ability to practice | 15 | | public accounting or as a Registered Certified Public | 16 | | Accountant .
| 17 | | (5) Revocation or suspension of the right to practice | 18 | | by or before any state or federal regulatory authority or | 19 | | by the Public Company Accounting Oversight Board Making or | 20 | | filing a report or record which the registrant or licensee | 21 | | knows to
be false, willfully failing to file a report or | 22 | | record required by state
or federal law, willfully impeding | 23 | | or obstructing the filing, or inducing
another person to | 24 | | impede or obstruct the filing. The reports or records shall
| 25 | | include only those that are signed in the capacity of a | 26 | | licensed certified
public accountant or a registered |
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| 1 | | certified public accountant .
| 2 | | (6) Dishonesty, fraud, deceit, or gross negligence in | 3 | | the performance of services as a licensee or registrant or | 4 | | individual granted privileges under Section 5.2 Conviction | 5 | | in this or another State or the District of Columbia, or
| 6 | | any United States Territory, of any crime that is | 7 | | punishable by one year or
more in prison or conviction of a | 8 | | crime in a federal court that is punishable
by one year or | 9 | | more in prison .
| 10 | | (7) Conviction by plea of guilty or nolo contendere, | 11 | | finding of guilt, jury verdict, or entry of judgment or | 12 | | sentencing, including, but not limited to, convictions, | 13 | | preceding sentences of supervision, conditional discharge, | 14 | | or first offender probation, under the laws of any | 15 | | jurisdiction of the United States that is (i) a felony or | 16 | | (ii) a misdemeanor, an essential element of which is | 17 | | dishonesty, or that is directly related to the practice of | 18 | | public accounting Proof that the licensee or registrant is | 19 | | guilty of fraud or deceit, or of gross
negligence, | 20 | | incompetency, or misconduct, in the practice of public
| 21 | | accounting .
| 22 | | (8) Performance of any fraudulent act while holding a | 23 | | license or privilege issued under this Act or prior law | 24 | | Violation of any rule adopted under this Act .
| 25 | | (9) Practicing on a revoked, suspended, or inactive | 26 | | license or registration.
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| 1 | | (10) Making or filing a report or record that the | 2 | | registrant or licensee knows to be false, willfully failing | 3 | | to file a report or record required by State or federal | 4 | | law, willfully impeding or obstructing the filing or | 5 | | inducing another person to impede or obstruct only those | 6 | | that are signed in the capacity of a licensed CPA or a | 7 | | registered CPA Suspension or revocation of the right to | 8 | | practice before any
state or federal agency .
| 9 | | (11) Conviction of any crime under the laws of the | 10 | | United States or any
state or territory of the United | 11 | | States that is a felony or misdemeanor and
has dishonesty | 12 | | as an essential element, or of any crime that is directly
| 13 | | related to the practice of the profession.
| 14 | | (12) Making any misrepresentation for the purpose of | 15 | | obtaining a license,
or registration or material | 16 | | misstatement in furnishing information to the Department.
| 17 | | (11) (13) Aiding or assisting another person in | 18 | | violating any provision of
this Act or rules promulgated | 19 | | hereunder.
| 20 | | (12) (14) Engaging in dishonorable, unethical, or | 21 | | unprofessional conduct of a
character likely to deceive, | 22 | | defraud, or harm the public.
| 23 | | (13) (15) Habitual or excessive use or abuse of drugs, | 24 | | addiction to alcohol, narcotics,
stimulants, or any other | 25 | | substance chemical agent or drug that results in the | 26 | | inability
to practice with reasonable skill, judgment, or |
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| 1 | | safety.
| 2 | | (14) (16) Directly or indirectly giving to or receiving | 3 | | from any person, firm,
corporation, partnership, or | 4 | | association any fee, commission, rebate, or other
form of | 5 | | compensation for any professional service not actually | 6 | | rendered.
| 7 | | (15) (17) Physical illness or mental disability , | 8 | | including , but not limited to, deterioration through the
| 9 | | aging process or loss of motor skill abilities and skills | 10 | | that results in the licensee or registrant's inability to
| 11 | | practice under this Act the profession with reasonable | 12 | | judgment, skill , or safety.
| 13 | | (16) (18) Solicitation of professional services by | 14 | | using false or misleading
advertising.
| 15 | | (17) Any conduct reflecting adversely upon the | 16 | | licensee's fitness to perform services while a licensee or | 17 | | individual granted privileges under Section 5.2 (19) | 18 | | Failure to file a return, or pay the tax, penalty or | 19 | | interest shown
in a filed return, or to pay any final | 20 | | assessment of tax, penalty or interest,
as required by any | 21 | | tax Act administered by the Illinois Department of Revenue
| 22 | | or any successor agency or the Internal Revenue Service or | 23 | | any successor
agency .
| 24 | | (18) (20) Practicing or attempting to practice under a | 25 | | name other than the
full name as shown on the license or | 26 | | registration or any other legally authorized name.
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| 1 | | (19) (21) A finding by the Department that a licensee | 2 | | or registrant has not complied with a
provision of any | 3 | | lawful order issued by the Department.
| 4 | | (20) (22) Making a false statement to the Department
| 5 | | regarding compliance with
continuing professional | 6 | | education or peer review requirements.
| 7 | | (21) (23) Failing to make a substantive response to a | 8 | | request for information
by the Department within 30 days of | 9 | | the request.
| 10 | | (b) (Blank).
| 11 | | (b-5) All fines or costs imposed under this Section shall | 12 | | be paid within 60 days after the effective date of the order | 13 | | imposing the fine or costs or in accordance with the terms set | 14 | | forth in the order imposing the fine or cost. | 15 | | (c) In cases where the Department of Healthcare and Family | 16 | | Services has previously determined a licensee or a potential | 17 | | licensee is more than 30 days delinquent in the payment of | 18 | | child support and has subsequently certified the delinquency to | 19 | | the Department, the Department may refuse to issue or renew or | 20 | | may revoke or suspend that person's license or may take other | 21 | | disciplinary or non-disciplinary action against that person | 22 | | based solely upon the certification of delinquency made by the | 23 | | Department of Healthcare and Family Services in accordance with | 24 | | item (5) of subsection (a) of Section 2105-15 of the Department | 25 | | of Professional Regulation Law of the Civil Administrative Code | 26 | | of Illinois. In rendering an order, the Department shall take |
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| 1 | | into consideration
the facts and circumstances involving the | 2 | | type of acts or omissions in
subsection (a) including, but not | 3 | | limited to:
| 4 | | (1) the extent to which public confidence in the public | 5 | | accounting
profession was, might have been, or may be | 6 | | injured;
| 7 | | (2) the degree of trust and dependence among the | 8 | | involved parties;
| 9 | | (3) the character and degree of financial or economic | 10 | | harm which did or
might have resulted; and
| 11 | | (4) the intent or mental state of the person charged at | 12 | | the time of the
acts or omissions.
| 13 | | (d) The Department may refuse to issue or may suspend | 14 | | without hearing, as provided for in the Code of Civil | 15 | | Procedure, the license or registration of any person who fails | 16 | | to file a return, to pay a tax, penalty, or interest shown in a | 17 | | filed return, or to pay any final assessment of tax, penalty, | 18 | | or interest, as required by any tax Act administered by the | 19 | | Illinois Department of Revenue, until such time as the | 20 | | requirements of any such tax Act are satisfied in accordance | 21 | | with subsection (g) of Section 2105-15 of the Department of | 22 | | Professional Regulation Law of the Civil Administrative Code of | 23 | | Illinois The Department shall reissue the license or | 24 | | registration upon a showing that the disciplined
licensee or | 25 | | registrant has complied with all of the terms and conditions | 26 | | set forth in the
final order .
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| 1 | | (e) The Department shall deny any application for a | 2 | | license, registration, or renewal,
without hearing, to any | 3 | | person who has defaulted on an educational loan
guaranteed by | 4 | | the Illinois Student Assistance Commission; however, the
| 5 | | Department
may issue a license, registration, or renewal if the | 6 | | person in default has
established a satisfactory repayment | 7 | | record as determined by the Illinois
Student Assistance | 8 | | Commission.
| 9 | | (f) The determination by a court that a licensee or | 10 | | registrant is subject to involuntary
admission or judicial | 11 | | admission as provided in the Mental Health and
Developmental | 12 | | Disabilities Code will result in the automatic suspension of | 13 | | his
or her license or registration. The licensee or registrant | 14 | | shall be responsible for notifying the Department of the | 15 | | determination by the court that the licensee or registrant is | 16 | | subject to involuntary admission or judicial admission as | 17 | | provided in the Mental Health and Developmental Disabilities | 18 | | Code. The suspension shall end only upon a finding by a court | 19 | | that the patient is no longer subject to involuntary admission | 20 | | or judicial admission, the issuance of an order so finding and | 21 | | discharging the patient, and the filing of a petition for | 22 | | restoration demonstrating fitness to practice The licensee or | 23 | | registrant shall also notify the Department upon discharge so | 24 | | that a determination may be made under item (17) of subsection | 25 | | (a) whether the licensee or registrant may resume practice .
| 26 | | (g) In enforcing this Section, the Department, upon a |
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| 1 | | showing of a possible violation, may compel, any licensee or | 2 | | registrant or any individual who has applied for licensure | 3 | | under this Act, to submit to a mental or physical examination | 4 | | and evaluation, or both, which may include a substance abuse or | 5 | | sexual offender evaluation, at the expense of the Department. | 6 | | The Department shall specifically designate the examining | 7 | | physician licensed to practice medicine in all of its branches | 8 | | or, if applicable, the multidisciplinary team involved in | 9 | | providing the mental or physical examination and evaluation, or | 10 | | both. The multidisciplinary team shall be led by a physician | 11 | | licensed to practice medicine in all of its branches and may | 12 | | consist of one or more or a combination of physicians licensed | 13 | | to practice medicine in all of its branches, licensed | 14 | | chiropractic physicians, licensed clinical psychologists, | 15 | | licensed clinical social workers, licensed clinical | 16 | | professional counselors, and other professional and | 17 | | administrative staff. Any examining physician or member of the | 18 | | multidisciplinary team may require any person ordered to submit | 19 | | to an examination and evaluation under this Section to submit | 20 | | to any additional supplemental testing deemed necessary to | 21 | | complete any examination or evaluation process, including, but | 22 | | not limited to, blood testing, urinalysis, psychological | 23 | | testing, or neuropsychological testing. The Department may | 24 | | order the examining physician or any member of the | 25 | | multidisciplinary team to provide to the Department any and all | 26 | | records, including business records, that relate to the |
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| 1 | | examination and evaluation, including any supplemental testing | 2 | | performed. The Department may order the examining physician or | 3 | | any member of the multidisciplinary team to present testimony | 4 | | concerning this examination and evaluation of the licensee, | 5 | | registrant, or applicant, including testimony concerning any | 6 | | supplemental testing or documents relating to the examination | 7 | | and evaluation. No information, report, record, or other | 8 | | documents in any way related to the examination and evaluation | 9 | | shall be excluded by reason of any common law or statutory | 10 | | privilege relating to communication between the licensee, | 11 | | registrant, or applicant and the examining physician or any | 12 | | member of the multidisciplinary team. No authorization is | 13 | | necessary from the individual ordered to undergo an evaluation | 14 | | and examination for the examining physician or any member of | 15 | | the multidisciplinary team to provide information, reports, | 16 | | records, or other documents or to provide any testimony | 17 | | regarding the examination and evaluation. | 18 | | The individual to be examined may have, at his or her own | 19 | | expense, another physician of his or her choice present during | 20 | | all aspects of the examination. Failure of any individual to | 21 | | submit to mental or physical examination and evaluation, or | 22 | | both, when directed, shall result in an automatic suspension, | 23 | | without hearing, until such time as the individual submits to | 24 | | the examination. If the Department finds a licensee, | 25 | | registrant, or applicant unable to practice because of the | 26 | | reasons set forth in this Section, the Department shall require |
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| 1 | | such licensee, registrant, or applicant to submit to care, | 2 | | counseling, or treatment by physicians approved or designated | 3 | | by the Department, as a condition for continued, reinstated, or | 4 | | renewed licensure to practice. | 5 | | When the Secretary immediately suspends a license or | 6 | | registration under this Section, a hearing upon such person's | 7 | | license or registration must be convened by the Department | 8 | | within 15 days after such suspension and completed without | 9 | | appreciable delay. The Department shall have the authority to | 10 | | review the subject's record of treatment and counseling | 11 | | regarding the impairment, to the extent permitted by applicable | 12 | | federal statutes and regulations safeguarding the | 13 | | confidentiality of medical records. | 14 | | Individuals licensed or registered under this Act, | 15 | | affected under this Section, shall be afforded an opportunity | 16 | | to demonstrate to the Department that they can resume practice | 17 | | in compliance with acceptable and prevailing standards under | 18 | | the provisions of their license or registration. | 19 | | (Source: P.A. 93-629, eff. 12-23-03; 93-683, eff. 7-2-04; | 20 | | 94-779, eff. 5-19-06.)
| 21 | | (225 ILCS 450/20.1) (from Ch. 111, par. 5522)
| 22 | | (Section scheduled to be repealed on January 1, 2014)
| 23 | | Sec. 20.1. Investigations; notice; hearing. | 24 | | (a) The Department
may , upon
its own motion, and shall, | 25 | | upon the
verified complaint in writing of any person setting |
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| 1 | | forth facts which, if
proved, would constitute grounds for | 2 | | disciplinary action
as set forth in Section 20.01, investigate | 3 | | the actions of an applicant, any
person , or entity holding or | 4 | | claiming to hold a license . | 5 | | (b) The Department shall, before revoking, suspending, | 6 | | placing on probation, reprimanding, or taking any other | 7 | | disciplinary or non-disciplinary action under Section 20.01 of | 8 | | this Act, at least 30 days before the date set for the hearing, | 9 | | (i) notify the accused in writing of the charges made and the | 10 | | time and place for the hearing on the charges, (ii) direct him | 11 | | or her to file a written answer to the charges with the | 12 | | Department under oath within 20 days after the service on him | 13 | | or her of the notice, and (iii) inform the accused that, if he | 14 | | or she fails to answer, default shall be taken against him or | 15 | | her or that his or her license or registration may be | 16 | | suspended, revoked, placed on probationary status, or other | 17 | | disciplinary action taken with regard to the licensee, | 18 | | including limiting the scope, nature, or extent of his or her | 19 | | practice, as the Department may consider proper. The
Department | 20 | | may refer complaints and investigations to a
disciplinary body
| 21 | | of the accounting profession for technical assistance. The | 22 | | results of
an investigation and recommendations of the | 23 | | disciplinary body
may be considered
by the Department, but | 24 | | shall not be considered determinative and
the Department
shall | 25 | | not in any way be obligated to take any action or be bound by | 26 | | the
results of the accounting profession's disciplinary |
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| 1 | | proceedings. The
Department, before taking disciplinary | 2 | | action, shall afford the
concerned
party or parties an | 3 | | opportunity to request a hearing and if so requested
shall set | 4 | | a time and place for a hearing of the complaint. | 5 | | (c) With respect to determinations by a Peer Review | 6 | | Administrator duly appointed by the Department under | 7 | | subsection (f) of Section 16 of this Act that a licensee has | 8 | | failed to satisfactorily complete a peer review as required | 9 | | under subsection (e) of Section 16, the Department may consider | 10 | | the Peer Review Administrator's findings of fact as prima facie | 11 | | evidence, and upon request by a licensee for a hearing the | 12 | | Department shall review the record presented and hear arguments | 13 | | by the licensee or the licensee's counsel but need not conduct | 14 | | a trial or hearing de novo or accept additional evidence. | 15 | | (d) At the time and place fixed in the notice, the | 16 | | Department shall proceed to hear the charges and the parties or | 17 | | their counsel shall be accorded ample opportunity to present | 18 | | any pertinent statements, testimony, evidence, and arguments. | 19 | | The Department may continue the hearing from time to time. | 20 | | (e) In case the person, after receiving the notice, fails | 21 | | to file an answer, his or her license or registration may, in | 22 | | the discretion of the Department, be suspended, revoked, placed | 23 | | on probationary status, or the Department may take whatever | 24 | | disciplinary action considered proper, including limiting the | 25 | | scope, nature, or extent of the person's practice or the | 26 | | imposition of a fine, without a hearing, if the act or acts |
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| 1 | | charged constitute sufficient grounds for that action under | 2 | | this Act. The written notice may be served by registered or | 3 | | certified mail to the licensee or registrant's address of | 4 | | record. The
Department shall notify the
applicant or the | 5 | | licensed or registered
person or entity of any
charges made and | 6 | | the date and place of the hearing of those charges by
mailing | 7 | | notice thereof to that person or entity by
registered or | 8 | | certified mail to the place last specified by the
accused | 9 | | person or entity in the last
notification to the
Department, at | 10 | | least 30 days prior to the date set for the
hearing or by
| 11 | | serving a written notice by delivery of the notice to the | 12 | | accused
person or entity at least 15 days prior to
the date set
| 13 | | for the hearing, and shall
direct the applicant or licensee or | 14 | | registrant to file a written
answer to the Department
under | 15 | | oath within 20 days after the service of the notice and inform | 16 | | the
applicant or licensee or registrant that failure to file an | 17 | | answer
will result in default
being taken against the applicant | 18 | | or licensee or registrant and that
the license or registration
| 19 | | may be
suspended, revoked, placed on probationary status, or | 20 | | other disciplinary
action may be taken, including limiting the | 21 | | scope, nature or extent of
practice, as the Director may deem | 22 | | proper.
In case the person fails to file an answer after | 23 | | receiving notice, his or
her license or registration may, in | 24 | | the discretion of the Department, be
suspended, revoked, or | 25 | | placed on probationary status, or the Department may
take | 26 | | whatever disciplinary action deemed proper, including limiting |
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| 1 | | the
scope, nature, or extent of the person's practice or the | 2 | | imposition of a
fine, without a hearing, if the act or acts | 3 | | charged constitute sufficient
grounds for such action under | 4 | | this Act.
The Department
shall afford the accused person or | 5 | | entity an
opportunity to be heard
in person or by counsel at | 6 | | the hearing. At the conclusion of
the hearing
the Committee | 7 | | shall present to the Director a
written report setting forth | 8 | | its finding
of facts, conclusions of law, and recommendations. | 9 | | The report shall contain
a finding whether or not the accused | 10 | | person violated this Act or failed to
comply with the | 11 | | conditions required in this Act. If the Director disagrees in | 12 | | any regard with the report, he or she may issue an order in | 13 | | contravention of the report. The Director shall provide a | 14 | | written explanation to the Committee of any such deviations and | 15 | | shall specify with particularity the reasons for the | 16 | | deviations.
| 17 | | The finding is not admissible in evidence against the | 18 | | person in a criminal
prosecution brought for the violation of | 19 | | this Act, but the hearing and
findings are not a bar to a | 20 | | criminal prosecution brought for the violation
of this Act.
| 21 | | (Source: P.A. 93-683, eff. 7-2-04; 94-779, eff. 5-19-06.)
| 22 | | (225 ILCS 450/20.2) (from Ch. 111, par. 5523)
| 23 | | (Section scheduled to be repealed on January 1, 2014)
| 24 | | Sec. 20.2. Subpoenas; depositions; oaths. | 25 | | (a) The Department may subpoena and bring before it at any |
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| 1 | | hearing any
person to in this
State and take the oral or | 2 | | written testimony or compel the production of any books, | 3 | | papers, records, or any other documents that the Secretary or | 4 | | his or her designee deems relevant or material to any | 5 | | investigation or hearing conducted by the Department either | 6 | | orally or by
deposition, or both, with the same fees and | 7 | | mileage and in the same
manner as prescribed by law in judicial | 8 | | proceedings in
civil cases in circuit
courts of this State and | 9 | | in the same manner as prescribed by this Act and its rules .
| 10 | | (b) The Secretary Director , any member of the Committee | 11 | | designated by the Secretary Director , a certified shorthand | 12 | | reporter, or any hearing officer appointed may administer oaths | 13 | | to witnesses at any hearing which the Department conducts. | 14 | | Notwithstanding any statute or Department rule to the contrary, | 15 | | all requests for testimony, production of documents, or records | 16 | | shall be in accordance with this Act is authorized by law to | 17 | | conduct or any other oaths required or authorized in any Act | 18 | | administered by the Department .
| 19 | | (Source: P.A. 92-457, eff. 7-1-04; 93-683, eff. 7-2-04.)
| 20 | | (225 ILCS 450/20.3) (from Ch. 111, par. 5524)
| 21 | | (Section scheduled to be repealed on January 1, 2014)
| 22 | | Sec. 20.3. Required testimony. Any circuit court in the | 23 | | State of Illinois,
upon the application of the licensee, | 24 | | registrant accused person , partnership or corporation, of
the | 25 | | complainant or of the Department, may, by order duly entered,
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| 1 | | require
the attendance and testimony of witnesses and the | 2 | | production of relevant documents, books , files, records, and | 3 | | papers
before the Department at any hearing relative to a | 4 | | disciplinary
action and
the court may compel obedience to the | 5 | | order by proceedings for contempt.
| 6 | | (Source: P.A. 92-457, eff. 7-1-04; 93-683, eff. 7-2-04.)
| 7 | | (225 ILCS 450/20.4) (from Ch. 111, par. 5525)
| 8 | | (Section scheduled to be repealed on January 1, 2014)
| 9 | | Sec. 20.4. Record of proceedings. | 10 | | (a) The Department, at its expense, shall provide a
| 11 | | stenographer to
take down the testimony and preserve a record | 12 | | of all proceedings at formal
disciplinary
hearings. The | 13 | | Department shall furnish a transcript of that
record to
any | 14 | | person interested in that hearing upon payment of the | 15 | | reasonable cost
established by the Department.
| 16 | | (b) Any registrant or licensee who is found to have | 17 | | violated this Act or who fails to appear for a hearing to | 18 | | refuse to issue, restore, or renew a license or to discipline a | 19 | | license may be required by the Department to pay for the costs | 20 | | of the proceeding. These costs are limited to costs for court | 21 | | reporters, transcripts, and witness attendance and mileage | 22 | | fees. All costs imposed under this Section shall be paid within | 23 | | 60 days after the effective date of the order imposing the | 24 | | fine. | 25 | | (Source: P.A. 92-457, eff. 7-1-04; 93-683, eff. 7-2-04.)
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| 1 | | (225 ILCS 450/20.5) (from Ch. 111, par. 5526)
| 2 | | (Section scheduled to be repealed on January 1, 2014)
| 3 | | Sec. 20.5. Rehearing ; surrender of license . | 4 | | (a) In any hearing to refuse to issue, restore, or renew a | 5 | | license or to discipline a licensee or registrant disciplinary | 6 | | proceeding , a copy of the
Committee's report shall be served | 7 | | upon the respondent by the Department,
either personally or as | 8 | | provided in this Act for the service of the notice of
hearing. | 9 | | Within 20 days after such service, the respondent may present | 10 | | to the
Department a motion in writing for a rehearing, which | 11 | | motion
shall specify the
particular grounds therefor. If no | 12 | | motion for rehearing is filed, then upon
the expiration of the | 13 | | time specified for filing such a motion, or if a motion
or | 14 | | rehearing is denied, then upon such denial the Secretary | 15 | | Director may enter an order in accordance with recommendations | 16 | | of the Committee except as provided in Section 20.7 20.6 . If | 17 | | the respondent shall order from the reporting
service, and pay | 18 | | for a transcript of the record within the time for filing a
| 19 | | motion for rehearing, the 20 day period within which such a | 20 | | motion may be filed
shall commence upon the delivery of the | 21 | | transcript to the respondent.
| 22 | | (b) Whenever the Secretary believes Director is satisfied | 23 | | that substantial justice has not been done in the disciplinary | 24 | | proceeding, the Secretary Director may order a rehearing by the | 25 | | same or different Committee or designated hearing officer. The |
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| 1 | | Director shall provide a written explanation to the Committee | 2 | | of any deviation from the recommendations of the Committee and | 3 | | shall specify with particularity the reasons for the deviation.
| 4 | | (c) Upon the suspension or revocation of a registration or | 5 | | license of a registrant or
licensee , the registrant or licensee | 6 | | shall be required
to surrender to the Department the | 7 | | registration or license
issued by the Department, and upon
| 8 | | failure or refusal so to do, the Department may seize it.
| 9 | | The Department may exchange information relating to | 10 | | proceedings
resulting
in disciplinary action against licensees | 11 | | or registrants with the
regulatory bodies of other
states, or | 12 | | with other public authorities or private organizations or with | 13 | | federal authorities having
regulatory interest in such matter.
| 14 | | (Source: P.A. 92-457, eff. 7-1-04; 93-683, eff. 7-2-04.)
| 15 | | (225 ILCS 450/20.6) (from Ch. 111, par. 5526.6)
| 16 | | (Section scheduled to be repealed on January 1, 2014)
| 17 | | Sec. 20.6. Hearing officer. Notwithstanding the provisions | 18 | | of Section 20.2 of this Act,
the Secretary Director shall have | 19 | | the authority to appoint any attorney
duly licensed
to practice | 20 | | law in the State of Illinois to serve as the hearing officer
in | 21 | | any disciplinary action. The Director shall notify the | 22 | | Committee of such appointment.
| 23 | | The hearing officer shall have full authority to conduct | 24 | | the hearing.
The hearing officer shall report his findings of | 25 | | fact, conclusions of law
and recommendations to the Committee |
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| 1 | | and the Secretary. Director. The Committee shall have 60 days | 2 | | after receiving the report to review the report of the hearing | 3 | | officer and present its findings of fact, conclusions of law, | 4 | | and recommendations to the Director. If the Committee fails to | 5 | | present its report within the 60-day period, the Director shall | 6 | | issue an order based on the report of the hearing officer. If | 7 | | the Director disagrees in any regard with the report of the | 8 | | Committee or hearing officer, he or she may issue an order in | 9 | | contravention thereof. The Director shall provide a written | 10 | | explanation to the Committee of any such deviations and shall | 11 | | specify with particularity the reasons for said action in the | 12 | | final order.
| 13 | | (Source: P.A. 92-457, eff. 7-1-04; 93-683, eff. 7-2-04.)
| 14 | | (225 ILCS 450/20.7 new) | 15 | | Sec. 20.7. Findings and recommendations. | 16 | | (a) The Committee shall review the report of the hearing | 17 | | officer and present its findings of fact, conclusions of law, | 18 | | and recommendations to the Secretary. The report of the | 19 | | findings and recommendations of the Committee shall be the | 20 | | basis for the Secretary's order for refusing to issue, restore, | 21 | | or renew a license or registration, or otherwise discipline a | 22 | | licensee or registrant. | 23 | | (b) If the Secretary disagrees in any regard with the | 24 | | report of the Committee or hearing officer, he or she may issue | 25 | | an order contrary to the report. |
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| 1 | | (c) The findings are not admissible in evidence against the | 2 | | person in a criminal prosecution brought for the violation of | 3 | | this Act, but the hearing and findings are not a bar to a | 4 | | criminal prosecution brought for the violation of this Act. | 5 | | (225 ILCS 450/20.8 new) | 6 | | Sec. 20.8. Summary suspension. The Secretary may summarily | 7 | | suspend the license or registration without a hearing, | 8 | | simultaneously with the institution of proceedings for a | 9 | | hearing under Section 20.1 of this Act, if the Secretary finds | 10 | | the evidence indicates that continuation in practice would | 11 | | constitute an imminent danger to the public. In the event that | 12 | | the Secretary summarily suspends a license without a hearing, a | 13 | | hearing by the Department shall be held within 30 days after | 14 | | the suspension has occurred and shall be concluded as | 15 | | expeditiously as possible.
| 16 | | (225 ILCS 450/21) (from Ch. 111, par. 5527)
| 17 | | (Section scheduled to be repealed on January 1, 2014)
| 18 | | Sec. 21. Administrative Judicial review; certification | 19 | | cost of record; order as prima facie proof.
| 20 | | (a) All final administrative decisions of the
Department
| 21 | | hereunder shall
be subject to judicial review pursuant to the | 22 | | provisions of the Administrative
Review Law, and all amendments | 23 | | and modifications thereof, and the rules adopted
pursuant | 24 | | thereto. The term "administrative decision" is defined as in |
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| 1 | | Section
3-101 of the Code of Civil Procedure.
| 2 | | Proceedings for judicial review shall be commenced in the | 3 | | Circuit
Court of the county in which the party applying for | 4 | | review resides; provided,
that if such party is not a resident | 5 | | of this State, the venue shall be in
Sangamon, Champaign, or | 6 | | Cook County.
| 7 | | (b) The Department shall not be required to certify any | 8 | | record
to the
court or file any answer in court or otherwise | 9 | | appear in any court in a
judicial review proceeding, unless and | 10 | | until the Department has received from the plaintiff there is | 11 | | filed in the court with the
complaint a receipt from the | 12 | | Department acknowledging payment of
the costs of
furnishing and | 13 | | certifying the record, which costs shall be established
by the | 14 | | Department. Exhibits shall be certified without cost.
Failure | 15 | | on the part of the plaintiff to file such receipt in court | 16 | | shall be
grounds for dismissal of the action.
| 17 | | (c) An order of disciplinary action or a certified copy | 18 | | thereof, over
the seal of the Department and purporting to be | 19 | | signed by the Secretary
Director or authorized agent of the | 20 | | Secretary Director , shall be prima
facie
proof, subject to | 21 | | being rebutted, that:
| 22 | | (1) the signature is the genuine signature of the | 23 | | Secretary
Director or authorized agent of the Secretary | 24 | | Director ;
| 25 | | (2) the Secretary Director or authorized agent of the | 26 | | Secretary Director is duly
appointed and qualified;
and
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| 1 | | (3) the Committee and the members thereof are qualified
| 2 | | to act.
| 3 | | (Source: P.A. 92-457, eff. 7-1-04; 93-683, eff. 7-2-04.)
| 4 | | (225 ILCS 450/27) (from Ch. 111, par. 5533)
| 5 | | (Section scheduled to be repealed on January 1, 2014) | 6 | | Sec. 27. Confidentiality of licensee's and registrant's | 7 | | records. A licensed or registered CPA certified public | 8 | | accountant shall not be required by
any court to divulge
| 9 | | information or evidence which has been obtained by him in his | 10 | | confidential
capacity as a licensed or registered CPA certified
| 11 | | public accountant . This Section shall not apply to any
| 12 | | investigation or hearing undertaken pursuant to this Act.
| 13 | | (Source: P.A. 94-779, eff. 5-19-06.)
| 14 | | (225 ILCS 450/28) (from Ch. 111, par. 5534)
| 15 | | (Section scheduled to be repealed on January 1, 2014)
| 16 | | Sec. 28. Criminal penalties Penalties . Each of the | 17 | | following acts perpetrated in the State
of Illinois is a Class | 18 | | A B misdemeanor.
| 19 | | (a) The practice of accountancy activities as defined | 20 | | in paragraph (1) of subsection (a) of Section 8.05 without | 21 | | an active CPA license public accounting insofar as it | 22 | | consists in
rendering service as described in Section 8, | 23 | | without licensure, in
violation of the provisions of this | 24 | | Act;
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| 1 | | (b) The obtaining or attempting to obtain licensure as | 2 | | a licensed CPA
certified public accountant
or registration | 3 | | as a registered CPA certified public accountant by fraud;
| 4 | | (c) The use of the title "Certified Public Accountant" , | 5 | | "public accountant", or the abbreviation "C.P.A." , "RCPA", | 6 | | "LCPA", "PA" or use of any similar words or letters | 7 | | indicating the user is a certified public accountant, or | 8 | | the title "Registered Certified Public Accountant" , the | 9 | | abbreviation "R.C.P.A.", any similar words or letters | 10 | | indicating the user is a certified public accountant or a | 11 | | registered certified public accountant by any person in | 12 | | contravention of this Act ; | 13 | | (c-5) (Blank); The use of the title "Certified Public | 14 | | Accountant" or "Licensed Certified Public Accountant" or | 15 | | the abbreviation "C.P.A." or "L.C.P.A." or any similar | 16 | | words or letters indicating the user is a certified public | 17 | | accountant by any person in contravention with this Act;
| 18 | | (d) The use of the title
"Certified Public Accountant" , | 19 | | "public accountant", or the
abbreviation "C.P.A." , "RCPA", | 20 | | "LCPA", "PA" or any similar words or letters indicating | 21 | | that the
members are certified public accountants, by any | 22 | | partnership, limited liability company, corporation, or | 23 | | other entity in violation of this Act unless all
members | 24 | | thereof personally engaged in the practice of public | 25 | | accounting in
this State
are licensed as licensed certified | 26 | | public
accountants by the
Department, and
are holders of an |
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| 1 | | effective unrevoked license, and the partnership, limited | 2 | | liability company, corporation, or other entity
is | 3 | | licensed as licensed certified public accountants by the
| 4 | | Board
with an effective
unrevoked license ;
| 5 | | (e) The unauthorized practice in the performance of | 6 | | accountancy activities as defined in Section 8.05 and in | 7 | | violation of this Act The use of the title "Licensed | 8 | | Certified Public Accountant", or the abbreviation
| 9 | | "L.C.P.A."
or any similar words or letters indicating such | 10 | | person is a licensed
certified public
accountant, by any | 11 | | person not licensed as a licensed certified public
| 12 | | accountant by the
Department, and holding an effective | 13 | | unrevoked license; provided
nothing in
this Act shall | 14 | | prohibit the use of the title "Accountant" or "Bookkeeper" | 15 | | by
any person ;
| 16 | | (f) (Blank); The use of the title "Licensed Certified | 17 | | Public Accountants",
"Public
Accountants" or the | 18 | | abbreviation "P.A.'s"
or any similar words or letters | 19 | | indicating that the members are public
accountants by any | 20 | | partnership, limited liability company, corporation, or | 21 | | other entity
unless all members thereof personally
engaged | 22 | | in the practice of public accounting in this State are | 23 | | licensed
as licensed certified public accountants by the
| 24 | | Department
and are holders
of effective
unrevoked | 25 | | licenses, and the partnership is licensed as a public
| 26 | | accounting
firm by
the Department with an effective |
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| 1 | | unrevoked license;
| 2 | | (g) Making false statements to the Department
| 3 | | regarding
compliance with
continuing professional | 4 | | education or peer review requirements;
| 5 | | (h) (Blank). The use of the title "Certified Public | 6 | | Accountant" or the abbreviation "C.P.A." or any similar | 7 | | words or letters indicating that the members are certified | 8 | | public accountants, by any partnership unless all members | 9 | | thereof personally engaged in the practice of public | 10 | | accounting in this State have received certificates as | 11 | | certified public accountants from the Board, are licensed | 12 | | as public accountants by the Department, and are holders of | 13 | | an effective unrevoked license, and the partnership is | 14 | | licensed as public accountants by the Department with an | 15 | | effective unrevoked license. | 16 | | This Section does not prohibit a firm partnership, limited | 17 | | liability company, corporation, or other entity who does not | 18 | | practice public accounting as set forth in Section 8 of this | 19 | | Act and whose members residing in Illinois are registered with | 20 | | the Department from using the title "Certified Public | 21 | | Accountant" or the abbreviation "C.P.A." or "CPA" or similar | 22 | | words or letters indicating that the members are certified | 23 | | public accountants.
| 24 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 25 | | (225 ILCS 450/30) (from Ch. 111, par. 5535)
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| 1 | | (Section scheduled to be repealed on January 1, 2014)
| 2 | | Sec. 30. Injunctions; cease and desist. | 3 | | (a) If any person or entity violates any provision of this | 4 | | Act, the Secretary may, The practice of public accounting, as | 5 | | described in Section 8 of
this Act, by any person in violation | 6 | | of this Act is hereby declared to be
inimical to the public | 7 | | welfare and to be a public nuisance. An action to
perpetually | 8 | | enjoin from such unlawful practice any person who has been or
| 9 | | is engaged therein may be maintained in the name of the people | 10 | | of the State
of Illinois by the Attorney General of the State | 11 | | of Illinois or , by the
State's Attorney of any county in which | 12 | | the violation is alleged to have occurred, petition for an | 13 | | order enjoining the violation or for an order enforcing | 14 | | compliance with this Act. Upon the filing of a verified | 15 | | petition in court, the court may issue a temporary restraining | 16 | | order, without notice or bond, and may preliminarily and | 17 | | permanently enjoin the violation. If it is established that the | 18 | | person has violated or is violating the injunction, the court | 19 | | may punish the offender for contempt of court action is | 20 | | brought, by the
Department or by any resident citizen . The | 21 | | injunction proceeding
shall be
in addition to and not in lieu | 22 | | of any penalties or other remedies provided
by this Act. No | 23 | | injunction shall issue under this section against any
person | 24 | | for any act exempted under Section 11 of this Act.
| 25 | | (b) If any person shall practice as a licensed CPA | 26 | | certified public accountant or
a registered CPA certified |
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| 1 | | public accountant or hold himself or herself out
as a licensed | 2 | | CPA certified public accountant or registered CPA certified | 3 | | public accountant without being licensed or registered under | 4 | | the
provision
of this
Act then any licensed CPA certified | 5 | | public accountant or registered CPA certified public | 6 | | accountant , any interested party , or
any person
injured thereby | 7 | | may, in addition to the Department, petition for
relief
as | 8 | | provided in subsection (a) of this Section.
| 9 | | (c) Whenever in the opinion of the Department any person | 10 | | violates
any provision
of this Act, the Department may issue a | 11 | | rule to show cause why an
order
to cease and desist should not | 12 | | be entered against him. The rule shall clearly
set
forth the | 13 | | grounds relied upon by the Department and shall provide
a | 14 | | period
of 7 days from the date of the rule to file an answer to | 15 | | the satisfaction
of the Department. Failure to answer to the | 16 | | satisfaction of the
Department
shall cause an order to cease | 17 | | and desist to be issued forthwith.
| 18 | | (Source: P.A. 92-457, eff. 7-1-04; 93-683, eff. 7-2-04.)
| 19 | | (225 ILCS 450/30.1) (from Ch. 111, par. 5535.1)
| 20 | | (Section scheduled to be repealed on January 1, 2014) | 21 | | Sec. 30.1. Liability. No person, partnership, corporation, | 22 | | or other
entity
licensed or
authorized to practice under this | 23 | | Act or any of its employees, partners,
members, officers or | 24 | | shareholders shall be liable to persons not in privity
of | 25 | | contract with such person, partnership, corporation, or other
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| 1 | | entity for civil damages
resulting from acts, omissions,
| 2 | | decisions or other conduct in connection with professional | 3 | | services
performed by such person, partnership, corporation, | 4 | | or other
entity,
except for:
| 5 | | (1) such acts, omissions, decisions or conduct that | 6 | | constitute fraud or
intentional misrepresentations, or
| 7 | | (2) such other acts, omissions, decisions or conduct, if | 8 | | such person,
partnership or corporation
was aware that a | 9 | | primary intent of the client was for the professional
services | 10 | | to benefit or influence the particular person bringing the | 11 | | action;
provided, however, for the purposes of this | 12 | | subparagraph (2), if
such person, partnership, corporation, or | 13 | | other entity (i)
identifies in writing to the
client those | 14 | | persons who
are intended to rely on the services, and (ii) | 15 | | sends a copy of such writing
or similar statement to those | 16 | | persons identified in the writing or
statement, then such | 17 | | person, partnership, corporation, or other
entity or any of its
| 18 | | employees, partners, members, officers or shareholders may be | 19 | | held liable
only to such persons intended to so rely, in
| 20 | | addition to those persons in privity of contract with such | 21 | | person,
partnership,
corporation, or other entity.
| 22 | | (Source: P.A. 92-457, eff. 7-1-04 .)
| 23 | | (225 ILCS 450/30.2) (from Ch. 111, par. 5535.2)
| 24 | | (Section scheduled to be repealed on January 1, 2014)
| 25 | | Sec. 30.2. Contributory fault. Except in causes of action |
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| 1 | | based on actual
fraud or intentional misrepresentation, the
| 2 | | principles of liability set forth
in Sections 2-1115.05,
| 3 | | 2-1116, and 2-1117 of the Code of Civil Procedure shall apply | 4 | | to all
claims for civil damages brought against any person, | 5 | | partnership, corporation,
or any other entity registered | 6 | | certified , licensed, or practicing under this Act, or any
of | 7 | | its employees, partners, members, officers, or shareholders | 8 | | that are alleged
to result from acts, omissions, decisions, or | 9 | | other conduct in connection with
professional services.
| 10 | | This Section applies to causes of action accruing on or
| 11 | | after the effective date of this amendatory Act of 1992.
This | 12 | | amendatory Act of 1995 applies to causes of action accruing on | 13 | | or
after its effective date.
| 14 | | (Source: P.A. 95-386, eff. 1-1-08.)
| 15 | | (225 ILCS 450/30.3)
| 16 | | (Section scheduled to be repealed on January 1, 2014)
| 17 | | Sec. 30.3. Confidentiality of peer review records.
| 18 | | (a) The proceedings, records, and work papers of a review | 19 | | committee shall be
privileged and shall not be subject to | 20 | | discovery, subpoena, or other means of
legal process or | 21 | | introduction into evidence in any civil action, arbitration,
or | 22 | | administrative proceeding and no member of a review committee | 23 | | or person
involved in a peer review program shall be required | 24 | | or permitted to testify in
any civil action, arbitration, or | 25 | | administrative proceeding regarding any
matters produced, |
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| 1 | | presented, disclosed, or discussed during or in connection
with | 2 | | the peer review process, or regarding any findings, | 3 | | recommendations,
evaluations, opinions, or other actions of | 4 | | those committees, or any member of a
committee.
| 5 | | (b) Information, documents, or records that are otherwise | 6 | | publicly available
are not to be construed as immune from | 7 | | discovery or use in any civil action,
arbitration, or | 8 | | administrative proceeding merely because they were presented | 9 | | or
considered in connection with a peer review. Subsection (a) | 10 | | shall not be
construed to protect materials prepared in | 11 | | connection with a particular
engagement merely because they | 12 | | happen to subsequently be presented or
considered as part of a | 13 | | peer review; nor does the privilege apply to disputes
between | 14 | | review committees and persons or CPA firms subject to a peer | 15 | | review arising
from the performance of a review.
| 16 | | (Source: P.A. 88-36.)
| 17 | | (225 ILCS 450/30.4)
| 18 | | (Section scheduled to be repealed on January 1, 2014) | 19 | | Sec. 30.4. Prohibited practice. | 20 | | (a) No licensed CPA public accountant, licensed certified | 21 | | public accountant, or CPA public accounting firm may provide | 22 | | contemporaneously with an audit those non-auditing services | 23 | | referenced in subsection (g) of Section 10A of the federal | 24 | | Securities Exchange Act of 1934, as amended, to a company, | 25 | | excluding a not-for-profit organization, that (1) is not |
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| 1 | | required to file periodic information, documents, and reports | 2 | | pursuant to the Securities Exchange Act of 1934 and (2) during | 3 | | the previous fiscal year, had annual revenues exceeding | 4 | | $50,000,000 or more than 500 employees.
| 5 | | (b) (1) A licensed CPA public accountant, licensed | 6 | | certified public accountant, or CPA public accounting firm | 7 | | is exempted from the prohibition in subsection (a) of this | 8 | | Section 30.4 if:
| 9 | | (A) the licensed CPA public accountant, licensed | 10 | | certified public accountant, or CPA public accounting | 11 | | firm presents written notice of the contemporaneous | 12 | | provision of auditing and non-auditing services to the | 13 | | company prior to the commencement of the | 14 | | contemporaneous provision of the services; and
| 15 | | (B) the president or chief executive officer of the | 16 | | company to which the contemporaneous auditing and | 17 | | non-auditing services are to be provided subsequently | 18 | | signs an acknowledgement that the company is aware of | 19 | | and agrees to the contemporaneous provision of the | 20 | | auditing and non-auditing services.
| 21 | | (2) A licensed CPA public accountant, licensed | 22 | | certified public accountant, or CPA public accounting firm | 23 | | waives the exemption provided for in paragraph (1) of this | 24 | | subsection (b) if the licensed CPA public accountant, | 25 | | certified public accountant, or CPA public accounting firm | 26 | | engages in criminal activity or willful or wanton |
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| 1 | | negligence regarding the provision of contemporaneous | 2 | | auditing and non-auditing services to the company.
| 3 | | (c) A violation of this Section shall subject a licensed | 4 | | CPA public accountant, licensed certified public accountant, | 5 | | or CPA public accounting firm to the provisions of Section | 6 | | 20.01 of this Act.
| 7 | | (d) Nothing in this Section shall be construed to authorize | 8 | | or permit the provision of any services by a licensed CPA | 9 | | public accountant, licensed certified public accountant, or | 10 | | CPA public accounting firm that would result in a lack of | 11 | | independence under applicable ethics standards of the | 12 | | accounting profession.
| 13 | | (Source: P.A. 93-683, eff. 7-2-04.) | 14 | | (225 ILCS 450/30.5)
| 15 | | (Section scheduled to be repealed on January 1, 2014) | 16 | | Sec. 30.5. Improper influence on the conduct of audits. | 17 | | (a) It shall be unlawful for any officer or director of a | 18 | | company that is not required to file periodic information, | 19 | | documents, and reports pursuant to the federal Securities | 20 | | Exchange Act of 1934, or any other person acting under the | 21 | | direction thereof, to take any action to fraudulently | 22 | | influence, coerce, manipulate, or mislead any licensed CPA | 23 | | licensed public accountant or licensed certified public | 24 | | accountant engaged in the performance of an audit of the | 25 | | financial statements of that company for the purpose of |
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| 1 | | rendering the financial statements being audited materially | 2 | | misleading.
| 3 | | (b) A person who , with the intent to deceive, violates this | 4 | | Section is guilty of a Class 4 felony.
| 5 | | (Source: P.A. 93-683, eff. 7-2-04.) | 6 | | (225 ILCS 450/30.6)
| 7 | | (Section scheduled to be repealed on January 1, 2014) | 8 | | Sec. 30.6. Misleading behavior by licensees certified | 9 | | public accountants . | 10 | | (a) It shall be unlawful for any licensee licensed public | 11 | | accountant or licensed certified public accountant to | 12 | | intentionally mislead a company that is not required to file | 13 | | periodic information, documents, and reports pursuant to the | 14 | | federal Securities Exchange Act of 1934 by falsifying records | 15 | | it creates as part of an audit of the company.
| 16 | | (b) A person who knowingly violates this Section is guilty | 17 | | of a Class 4 felony.
| 18 | | (Source: P.A. 93-683, eff. 7-2-04.) | 19 | | (225 ILCS 450/30.8 new) | 20 | | Sec. 30.8. Confidentiality. All information collected by | 21 | | the Department in the course of an examination or investigation | 22 | | of a licensee, registrant, or applicant, including, but not | 23 | | limited to, any complaint against a licensee or registrant | 24 | | filed with the Department and information collected to |
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| 1 | | investigate any such complaint, shall be maintained for the | 2 | | confidential use of the Department and shall not be disclosed. | 3 | | The Department shall not disclose the information to anyone | 4 | | other than law enforcement officials, regulatory agencies that | 5 | | have an appropriate regulatory interest as determined by the | 6 | | Secretary, or a party presenting a lawful subpoena to the | 7 | | Department. Information and documents disclosed to a federal, | 8 | | State, county, or local law enforcement agency shall not be | 9 | | disclosed by the agency for any purpose to any other agency or | 10 | | person. A formal complaint filed against a licensee or | 11 | | registrant by the Department or any other issued by the | 12 | | Department against a licensee, registrant, or applicant shall | 13 | | be a public record, except as otherwise prohibited by law.
| 14 | | (225 ILCS 450/31) (from Ch. 111, par. 5536)
| 15 | | (Section scheduled to be repealed on January 1, 2014)
| 16 | | Sec. 31. Home rule. Public Policy. The regulation, | 17 | | licensing, and registration of accountants and CPA firms are | 18 | | exclusive powers and functions of the State. A home rule may | 19 | | not regulate or license accountants or CPA firms. This Section | 20 | | is a denial and limitation of home rule powers and functions | 21 | | under subsection (h) of Section 6 of Article VII of the | 22 | | Illinois Constitution. It is declared to be the public policy | 23 | | of this
State, pursuant to
paragraphs (h) and (i) of Section 6 | 24 | | of Article VII of the Illinois
Constitution of 1970, that any | 25 | | power or function set forth in this Act to
be exercised by the |
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| 1 | | State is an exclusive State power or function. Such
power of | 2 | | function shall not be exercised concurrently, either directly | 3 | | or
indirectly, by any unit of local government, including home | 4 | | rule units,
except as otherwise provided in this Act.
| 5 | | (Source: P.A. 78-1219.)
| 6 | | (225 ILCS 450/32) (from Ch. 111, par. 5537)
| 7 | | (Section scheduled to be repealed on January 1, 2014) | 8 | | Sec. 32. Fund.
All
moneys received by the
Department
of | 9 | | Professional
Regulation
under this Act shall be deposited into | 10 | | the Registered Certified
Public Accountants' Administration | 11 | | and Disciplinary Fund, which is hereby
created as a special | 12 | | fund in the State Treasury. The funds in the account
shall be | 13 | | used by the Department, as appropriated, exclusively
for | 14 | | expenses
of the Department
of Professional
Regulation , or the | 15 | | Public Accountants' Registration
Committee, in the
| 16 | | administration of this Act.
| 17 | | Moneys in the Registered Certified Public Accountants' | 18 | | Administration and
Disciplinary Fund may be invested and | 19 | | reinvested, with all earnings
received from the investments to | 20 | | be deposited into the Registered Certified
Public Accountants' | 21 | | Administration and Disciplinary Fund.
| 22 | | Moneys from the Fund may also be used for direct and | 23 | | allocable indirect
costs related to the public purposes of the | 24 | | Department of Professional
Regulation. Moneys in the Fund may | 25 | | be transferred to the
Professions Indirect
Cost Fund as |
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| 1 | | authorized by Section 2105-300 of the Department of
| 2 | | Professional Regulation Law (20 ILCS 2105/2105-300).
| 3 | | (Source: P.A. 92-457, eff. 8-21-01; 93-683, eff. 7-2-04.)
| 4 | | (225 ILCS 450/5 rep.)
| 5 | | (225 ILCS 450/9.01 rep.)
| 6 | | (225 ILCS 450/9.02 rep.)
| 7 | | (225 ILCS 450/14.3 rep.)
| 8 | | (225 ILCS 450/19 rep.) | 9 | | Section 15. The Illinois Public Accounting Act is amended | 10 | | by repealing Sections 5, 9.01, 9.02, 14.3, and 19.
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 80/4.24 | | | 4 | | 5 ILCS 80/4.34 new | | | 5 | | 225 ILCS 450/0.02 | from Ch. 111, par. 5500.02 | | 6 | | 225 ILCS 450/0.03 | from Ch. 111, par. 5500.03 | | 7 | | 225 ILCS 450/1 | from Ch. 111, par. 5501 | | 8 | | 225 ILCS 450/2 | from Ch. 111, par. 5502 | | 9 | | 225 ILCS 450/2.05 | | | 10 | | 225 ILCS 450/2.1 | from Ch. 111, par. 5503 | | 11 | | 225 ILCS 450/4 | from Ch. 111, par. 5505 | | 12 | | 225 ILCS 450/5.2 | | | 13 | | 225 ILCS 450/7 | from Ch. 111, par. 5508 | | 14 | | 225 ILCS 450/8 | from Ch. 111, par. 5509 | | 15 | | 225 ILCS 450/8.05 new | | | 16 | | 225 ILCS 450/9 | from Ch. 111, par. 5510 | | 17 | | 225 ILCS 450/9.2 | from Ch. 111, par. 5510.2 | | 18 | | 225 ILCS 450/9.3 | | | 19 | | 225 ILCS 450/13 | from Ch. 111, par. 5514 | | 20 | | 225 ILCS 450/14 | from Ch. 111, par. 5515 | | 21 | | 225 ILCS 450/14.1 | | | 22 | | 225 ILCS 450/14.2 | | | 23 | | 225 ILCS 450/14.4 new | | | 24 | | 225 ILCS 450/16 | from Ch. 111, par. 5517 | | 25 | | 225 ILCS 450/17 | from Ch. 111, par. 5518 | |
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| 1 | | 225 ILCS 450/17.1 | from Ch. 111, par. 5518.1 | | 2 | | 225 ILCS 450/17.2 | from Ch. 111, par. 5518.2 | | 3 | | 225 ILCS 450/17.3 new | | | 4 | | 225 ILCS 450/20.01 | from Ch. 111, par. 5521.01 | | 5 | | 225 ILCS 450/20.1 | from Ch. 111, par. 5522 | | 6 | | 225 ILCS 450/20.2 | from Ch. 111, par. 5523 | | 7 | | 225 ILCS 450/20.3 | from Ch. 111, par. 5524 | | 8 | | 225 ILCS 450/20.4 | from Ch. 111, par. 5525 | | 9 | | 225 ILCS 450/20.5 | from Ch. 111, par. 5526 | | 10 | | 225 ILCS 450/20.6 | from Ch. 111, par. 5526.6 | | 11 | | 225 ILCS 450/20.7 new | | | 12 | | 225 ILCS 450/20.8 new | | | 13 | | 225 ILCS 450/21 | from Ch. 111, par. 5527 | | 14 | | 225 ILCS 450/27 | from Ch. 111, par. 5533 | | 15 | | 225 ILCS 450/28 | from Ch. 111, par. 5534 | | 16 | | 225 ILCS 450/30 | from Ch. 111, par. 5535 | | 17 | | 225 ILCS 450/30.1 | from Ch. 111, par. 5535.1 | | 18 | | 225 ILCS 450/30.2 | from Ch. 111, par. 5535.2 | | 19 | | 225 ILCS 450/30.3 | | | 20 | | 225 ILCS 450/30.4 | | | 21 | | 225 ILCS 450/30.5 | | | 22 | | 225 ILCS 450/30.6 | | | 23 | | 225 ILCS 450/30.8 new | | | 24 | | 225 ILCS 450/31 | from Ch. 111, par. 5536 | | 25 | | 225 ILCS 450/32 | from Ch. 111, par. 5537 | | 26 | | 225 ILCS 450/5 rep. | | |
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| 1 | | 225 ILCS 450/9.01 rep. | | | 2 | | 225 ILCS 450/9.02 rep. | | | 3 | | 225 ILCS 450/14.3 rep. | | | 4 | | 225 ILCS 450/19 rep. | |
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