Full Text of SB2760 95th General Assembly
SB2760eng 95TH GENERAL ASSEMBLY
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SB2760 Engrossed |
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LRB095 19945 RAS 46366 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Regulatory Sunset Act is amended by changing | 5 |
| Section 4.20 and by adding Section 4.30 as follows:
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| (5 ILCS 80/4.20)
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| Sec. 4.20. Acts repealed on January 1, 2010. The following | 8 |
| Acts are repealed on January 1, 2010:
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| The Auction License Act.
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| The Illinois Architecture Practice Act of 1989.
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| The Illinois Landscape Architecture Act of 1989.
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| The Illinois Professional Land Surveyor Act of 1989.
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| The Land Sales Registration Act of 1999.
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| The Orthotics, Prosthetics, and Pedorthics Practice Act.
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| The Perfusionist Practice Act.
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| The Professional Engineering Practice Act of 1989.
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| The Real Estate License Act of 2000.
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| The Structural Engineering Practice Act of 1989.
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| (Source: P.A. 91-91, eff. 7-9-99; 91-92, eff. 7-9-99; 91-132, | 20 |
| eff. 7-16-99;
91-133, eff. 7-16-99; 91-245, eff. 12-31-99; | 21 |
| 91-255, eff. 12-30-99; 91-338,
eff. 12-30-99; 91-580, eff. | 22 |
| 1-1-00; 91-590, eff. 1-1-00; 91-603, eff. 1-1-00;
92-16, eff. | 23 |
| 6-28-01.)
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| (5 ILCS 80/4.30 new)
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| Sec. 4.30. Act repealed on January 1, 2020. The following | 3 |
| Act is repealed on January 1, 2020: | 4 |
| The Illinois Architecture Practice Act of 1989. | 5 |
| The Professional Engineering Practice Act of 1989. | 6 |
| Section 10. The Illinois Architecture Practice Act of 1989 | 7 |
| is amended by changing Sections 3, 4, 5, 6, 8, 9, 10, 12, 13, | 8 |
| 21, 22, 23.5, 24, 36, and 38 and by adding Sections 4.5, 10.5, | 9 |
| and 17.5 as follows:
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| (225 ILCS 305/3) (from Ch. 111, par. 1303)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 3. Application of Act. Nothing in this Act shall be
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| deemed or construed to prevent the practice of structural | 14 |
| engineering as
defined in the Structural Engineering Practice | 15 |
| Act of 1989, the practice
of professional engineering as | 16 |
| defined in the Professional Engineering
Practice Act of 1989, | 17 |
| or the preparation of documents used to prescribe
work to be | 18 |
| done inside buildings for non-loadbearing interior | 19 |
| construction,
furnishings, fixtures and equipment, or the | 20 |
| offering or preparation of
environmental analysis, feasibility | 21 |
| studies, programming or construction
management services by | 22 |
| persons other than those licensed in accordance with
this Act, | 23 |
| the Structural Engineering Practice Act of 1989 or
the |
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| Professional Engineering Practice Act of 1989.
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| Nothing contained in this Act shall prevent the draftsmen, | 3 |
| students,
project representatives and other employees of those | 4 |
| lawfully practicing as
licensed architects under the | 5 |
| provisions of this Act, from acting under the responsible | 6 |
| control
direct supervision and control of their employers, or | 7 |
| to prevent the
employment of project representatives for | 8 |
| enlargement or alteration of
buildings or any parts thereof, or | 9 |
| prevent such project representatives
from acting under the | 10 |
| direct supervision and control of the licensed
architect by | 11 |
| whom the construction documents including drawings and
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| specifications of any such building, enlargement or alteration | 13 |
| were prepared.
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| Nothing in this Act or any other Act shall prevent a | 15 |
| licensed
architect from practicing interior design services. | 16 |
| Nothing in this Act
shall be construed as requiring the | 17 |
| services of an interior designer for
the interior designing of | 18 |
| a single family residence.
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| No officer, board, commission, or other public entity | 20 |
| charged with the enforcement of codes and ordinances requiring | 21 |
| the involvement of an architect shall accept for filing or | 22 |
| approval any technical submissions that do not bear the seal | 23 |
| and signature of an architect licensed under this Act. A | 24 |
| building permit issued with respect to technical submissions | 25 |
| that does not conform to the requirements of this Act shall be | 26 |
| invalid. |
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| The involvement of a licensed architect is not required for | 2 |
| the following:
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| (A) The building, remodeling or repairing of any | 4 |
| building
or other structure outside of the corporate limits | 5 |
| of any city or village,
where such building or structure is | 6 |
| to be, or is used for
farm purposes, or for the purposes of | 7 |
| outbuildings or auxiliary buildings
in connection with | 8 |
| such farm premises.
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| (B) The construction, remodeling or repairing of a | 10 |
| detached
single family residence on a single lot.
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| (C) The construction, remodeling or repairing of a
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| two-family residence of wood frame construction on a single | 13 |
| lot, not more
than two stories and basement in height.
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| (D) Interior design services for buildings which
do not | 15 |
| involve life safety or structural changes.
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| However, when an ordinance of a unit of local government | 17 |
| requires the involvement of a licensed architect for any | 18 |
| buildings included in the preceding paragraphs (A) through (D), | 19 |
| the requirements of this Act shall apply. All buildings not | 20 |
| included in the preceding paragraphs (A)
through (D), including | 21 |
| multi-family buildings and buildings previously
exempt from | 22 |
| the involvement of a licensed architect under those paragraphs | 23 |
| but subsequently non-exempt due to a change
in occupancy or | 24 |
| use, are subject to the requirements of this Act. Interior
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| alterations which result in life safety or structural changes | 26 |
| of the
building are subject to the requirements of this Act.
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| (Source: P.A. 92-16, eff. 6-28-01; 93-1009, eff. 1-1-05.)
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| (225 ILCS 305/4) (from Ch. 111, par. 1304)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 4. Definitions. In this Act:
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| "Architect, Retired" means a person who has been duly | 6 |
| licensed as an architect by the Department and has chosen to | 7 |
| relinquish or not renew his or her license pursuant to Section | 8 |
| 17.5 of this Act. | 9 |
| "Architectural intern" means an unlicensed person who has | 10 |
| completed the education requirements, is actively | 11 |
| participating in the diversified professional training, and | 12 |
| maintains in good standing a training record as required for | 13 |
| licensure by this Act and may use the title "architectural | 14 |
| intern", but may not independently engage in the practice of | 15 |
| architecture. | 16 |
| (a) "Department" means the Department of Financial and | 17 |
| Professional Regulation.
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| "Design build" and "design build entity" means the project | 19 |
| delivery process defined in Title 68, Section 1150.85 of the | 20 |
| Illinois Administrative Code. | 21 |
| (b) "Director" means the Director of Professional | 22 |
| Regulation.
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| (c) "Board" means the Illinois Architecture Licensing | 24 |
| Board appointed by the Director.
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| (d) "Public health" as related to the practice of |
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| architecture means the state of the well-being of the body or | 2 |
| mind of the building user.
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| (e) "Public safety" as related to the practice of | 4 |
| architecture means the state of being reasonably free from risk | 5 |
| of danger, damage, or injury.
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| (f) "Public welfare" as related to the practice of | 7 |
| architecture means the well-being of the building user | 8 |
| resulting from the state of a physical environment that | 9 |
| accommodates human activity. | 10 |
| "Secretary" means the Secretary of Financial and | 11 |
| Professional Regulation.
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| (Source: P.A. 93-1009, eff. 1-1-05.)
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| (225 ILCS 305/4.5 new) | 14 |
| Sec. 4.5. References to Department or Director of | 15 |
| Professional Regulation. References in this Act (i) to the | 16 |
| Department of Professional Regulation are deemed, in | 17 |
| appropriate contexts, to be references to the Department of | 18 |
| Financial and Professional Regulation and (ii) to the Director | 19 |
| of Professional Regulation are deemed, in appropriate | 20 |
| contexts, to be references to the Secretary of Financial and | 21 |
| Professional Regulation.
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| (225 ILCS 305/5) (from Ch. 111, par. 1305)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 5. Architect defined; Acts constituting practice. |
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| (a) An
architect is a person who is qualified by education, | 2 |
| training, experience,
and examination, and who is licensed | 3 |
| under the laws of this State, to
practice architecture.
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| (b) The practice of architecture within the meaning and | 5 |
| intent of this Act
includes the offering or furnishing of | 6 |
| professional services, such as
consultation, environmental | 7 |
| analysis, feasibility studies, programming,
planning, | 8 |
| aesthetic and structural design, technical submissions
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| consisting of drawings and specifications and other documents | 10 |
| required in
the construction process, administration of | 11 |
| construction contracts, project
representation, and | 12 |
| construction management, in connection with the
construction | 13 |
| of any private or public building, building structure,
building | 14 |
| project, or addition to or alteration or restoration thereof.
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| (c) Nothing contained in this Section imposes upon a person | 16 |
| licensed under this Act the responsibility for the performance | 17 |
| of any of the activities set forth in subsection (b), unless | 18 |
| such person specifically contracts to provide the function. | 19 |
| (Source: P.A. 92-360, eff. 1-1-02.)
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| (225 ILCS 305/6) (from Ch. 111, par. 1306)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 6. Technical submissions. All
technical submissions
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| intended for use in construction in the State of Illinois shall | 24 |
| be prepared
and administered in accordance with standards of | 25 |
| reasonable professional
skill and diligence. Care shall be |
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| taken to reflect the requirements of
State statutes and, where | 2 |
| applicable, county and municipal building
ordinances in such | 3 |
| submissions. In recognition that
architects are licensed
for | 4 |
| the protection of the public health, safety and welfare, | 5 |
| submissions
shall be of such quality and scope, and be so | 6 |
| administered, as to conform to
professional standards.
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| Technical submissions are the designs,
drawings and | 8 |
| specifications which
establish the scope of the architecture to | 9 |
| be constructed, the standard of
quality for materials, | 10 |
| workmanship, equipment, and construction systems,
and the | 11 |
| studies and other technical reports and calculations prepared | 12 |
| in
the
course of the
practice of architecture.
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| No person involved in an architectural project requiring | 14 |
| the involvement of an architect during the design, | 15 |
| construction, addition to, or alteration of a project, or any | 16 |
| parts thereof, shall have the authority to deviate from the | 17 |
| technical submissions without the prior approval of the | 18 |
| licensed architect for the project. | 19 |
| (Source: P.A. 92-360, eff. 1-1-02.)
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| (225 ILCS 305/8) (from Ch. 111, par. 1308)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 8. Powers and duties of the Department.
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| (1) Subject to the provisions of this Act, the Department | 24 |
| shall
exercise the following functions, powers, and duties:
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| (a) conduct examinations to ascertain the |
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| qualifications and fitness
of applicants for licensure as | 2 |
| licensed architects, and pass upon the
qualifications and | 3 |
| fitness of applicants for licensure by endorsement;
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| (b) prescribe rules for a method of examination of | 5 |
| candidates;
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| (c) prescribe rules defining what constitutes a | 7 |
| school, college or
university, or department of a | 8 |
| university, or other institution, reputable
and in good | 9 |
| standing, to determine whether or not a school, college or
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| university, or department of a university, or other | 11 |
| institution is
reputable and in good standing by reference | 12 |
| to compliance with such
rules, and to terminate the | 13 |
| approval of such school, college or university
or | 14 |
| department of a university or other institution that | 15 |
| refuses admittance
to applicants solely on the basis of | 16 |
| race, color, creed, sex or national
origin. The Department | 17 |
| may adopt, as its own rules relating to education
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| requirements, those guidelines published from time to time | 19 |
| by the National
Architectural Accrediting Board;
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| (d) prescribe rules for diversified professional | 21 |
| training;
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| (e) conduct oral interviews, disciplinary conferences | 23 |
| and formal
evidentiary hearings on proceedings to impose | 24 |
| fines or to suspend, revoke,
place on probationary status, | 25 |
| reprimand, and refuse to issue or restore any
license | 26 |
| issued under the provisions of this Act for the reasons set |
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| forth
in Section 22 of this Act;
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| (f) issue licenses to those who meet the requirements | 3 |
| of this Act;
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| (g) formulate and publish rules necessary or | 5 |
| appropriate to carrying out
the provisions of this Act; and
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| (h) maintain membership in the National Council of | 7 |
| Architectural
Registration Boards and participate in | 8 |
| activities of the Council by
designation of individuals for | 9 |
| the various classifications of membership and
the | 10 |
| appointment of delegates for attendance at regional and | 11 |
| national meetings
of the Council. All costs associated with | 12 |
| membership and attendance of such
delegates to any national | 13 |
| meetings shall may be funded from the Design Professionals
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| Administration and Investigation Fund.
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| (i) retain the right to employ or utilize the legal | 16 |
| services of outside counsel and the investigative services | 17 |
| of outside personnel; however, no attorney employed or used | 18 |
| by the Department shall prosecute a matter and provide | 19 |
| legal services to the Department or Board with respect to | 20 |
| the same matter. | 21 |
| (2) Prior to issuance of any final decision or order that | 22 |
| deviates from
any report or recommendation of the Board | 23 |
| relating to the qualification of
applicants, discipline of | 24 |
| licensees or registrants, or promulgation of rules,
the | 25 |
| Director shall notify the Board in writing with an explanation | 26 |
| of the deviation and provide a reasonable time for the Board to |
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| submit
written comments to the Director regarding the proposed
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| action. In the event that the Board fails or declines to submit
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| written comments within 30 days of the notification, the | 4 |
| Director
may issue a final decision or order consistent with | 5 |
| the
Director's original decision. The Department may at any | 6 |
| time seek the expert
advice and knowledge of the Board on any | 7 |
| matter relating to the enforcement of
this Act.
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| (Source: P.A. 91-133, eff. 1-1-00; 92-16, eff. 6-28-01.)
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| (225 ILCS 305/9) (from Ch. 111, par. 1309)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 9. Creation of the Board. The Director shall appoint | 12 |
| an
Architecture Licensing Board which will consist of 6 | 13 |
| members.
Five members
shall be licensed architects, one of whom | 14 |
| shall be a tenured member of the
architectural faculty of an | 15 |
| Illinois public university accredited by the National | 16 |
| Architectural Accrediting Board the University of Illinois . | 17 |
| The other 4 shall be
licensed architects, residing in this | 18 |
| State, who have been engaged in the
practice of architecture at | 19 |
| least 10 years. In addition to the 5 licensed
architects, there | 20 |
| shall be one public member. The public member shall be a
voting | 21 |
| member and shall not hold a license as an architect, | 22 |
| professional
engineer, structural engineer or land surveyor.
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| Board members shall serve 5 year terms and until their | 24 |
| successors are
appointed and qualified. In making the | 25 |
| designation of
persons to the Board, the Director shall give |
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| due consideration to
recommendations by members and | 2 |
| organizations of the profession.
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| The membership of the Board should reasonably reflect | 4 |
| representation from
the geographic areas in this State.
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| No member shall be reappointed to the Board for a term | 6 |
| which would cause
his or her continuous service on the Board to | 7 |
| be longer than 10 successive
years.
Service prior to the | 8 |
| effective date of this Act shall not be considered.
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| Appointments to fill vacancies shall be made in the same | 10 |
| manner as
original appointments, for the unexpired portion of | 11 |
| the vacated term.
Initial terms shall begin upon the effective | 12 |
| date of this Act and Board
members in office on that date under | 13 |
| the predecessor Act may be appointed
to specific terms as | 14 |
| indicated in this Section.
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| Persons holding office as members of the Board under the | 16 |
| Illinois
Architecture Act immediately prior to the effective | 17 |
| date of this Act shall
continue as members of the Board under | 18 |
| this Act until the expiration of the
term for which they were | 19 |
| appointed and until their successors are appointed and
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| qualified.
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| A quorum of the Board shall consist of a majority of Board | 22 |
| members
currently appointed. A majority vote of the quorum is | 23 |
| required for Board
decisions.
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| The Director may remove any member of the Board for | 25 |
| misconduct,
incompetence, neglect of duty, or for reasons | 26 |
| prescribed by law for
removal of State officials.
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| The Director may remove a member of the Board who does not | 2 |
| attend 2
consecutive meetings.
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| Notice of proposed rulemaking shall be transmitted to the | 4 |
| Board and the
Department shall review the response of the Board | 5 |
| and any recommendations
made therein. The Department may, at | 6 |
| any time, seek the expert advice and
knowledge of the Board on | 7 |
| any matter relating to the administration or
enforcement of | 8 |
| this Act.
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| Members of the Board are immune from suit in any action | 10 |
| based upon
any disciplinary proceedings or other activities | 11 |
| performed in good faith as
members of the Board.
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| (Source: P.A. 91-133, eff. 1-1-00.)
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| (225 ILCS 305/10) (from Ch. 111, par. 1310)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 10. Powers and duties of the Board.
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| (a) The Board shall hold at
least 3 regular meetings each | 17 |
| year.
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| (b) The Board shall annually elect a Chairperson and a Vice | 19 |
| Chairperson who
shall be licensed
architects.
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| (c) The Board, upon request by the Department, may make a | 21 |
| curriculum
evaluation to determine if courses conform to the | 22 |
| requirements of approved
architectural programs.
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| (d) The Board shall assist the Department in conducting | 24 |
| oral interviews,
disciplinary conferences and formal | 25 |
| evidentiary hearings.
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| (e) The Department may, at any time, seek the expert advice | 2 |
| and knowledge
of the Board on any matter relating to the | 3 |
| enforcement of this Act.
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| (f) The Board may appoint a subcommittee to serve as a | 5 |
| Complaint Committee
to recommend the disposition of case files | 6 |
| according to procedures established
in Section 10.5 of this Act | 7 |
| or by rule.
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| (g) The Board shall review applicant qualifications to sit | 9 |
| for
the examination or for licensure and shall make | 10 |
| recommendations to the
Department. The Department shall review | 11 |
| the Board's recommendations on
applicant qualifications. The | 12 |
| Director shall notify the Board in writing
with an explanation | 13 |
| of any deviation from the Board's recommendation on
applicant | 14 |
| qualifications. After review of the Director's written
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| explanation of his or her reasons for deviation, the Board | 16 |
| shall have the
opportunity to comment upon the Director's | 17 |
| decision.
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| (h) The Board shall submit written comments to the Director | 19 |
| within 30 days
from
notification of any final decision or order | 20 |
| from the Director that deviates
from any report or | 21 |
| recommendation of the Board relating to the qualifications
of | 22 |
| applicants, discipline of licensees or registrants , unlicensed | 23 |
| practice , or promulgation of
rules.
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| (i) The Board may recommend that the Department contract | 25 |
| with a corporation or other business entity to provide | 26 |
| investigative, legal, prosecutorial, and other services |
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| necessary to perform its duties. | 2 |
| (Source: P.A. 91-133, eff. 1-1-00.)
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| (225 ILCS 305/10.5 new)
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| Sec. 10.5. Complaint Committee. | 5 |
| (a) There is created the Architecture Complaint Committee | 6 |
| of the Board composed of 2 voting members of the Board, a | 7 |
| Supervisor over Design Investigations, and a Chief of | 8 |
| Prosecutions over Design Prosecutions. The Director of | 9 |
| Enforcement shall designate the Supervisor and Chief assigned | 10 |
| to the Complaint Committee. | 11 |
| (b) The Complaint Committee shall meet at least once every | 12 |
| 2 months to exercise its functions and duties as set forth in | 13 |
| subsection (c). Two members of the Board shall be in attendance | 14 |
| in order for any business to be transacted by the Complaint | 15 |
| Committee. The Complaint Committee shall make every effort to | 16 |
| consider expeditiously and take prompt action on each item on | 17 |
| its agenda. | 18 |
| (c) The Complaint Committee shall have the following duties | 19 |
| and functions: | 20 |
| (1) To review any complaint filed against an involved | 21 |
| party under this Act. | 22 |
| (2) To refer the complaint to the Supervisor over | 23 |
| Design Investigations for further action. | 24 |
| (3) To recommend to the Board that a complaint file be | 25 |
| closed. |
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| (4) To make all other decisions in conjunction with the | 2 |
| Supervisor over Design Investigations regarding an action | 3 |
| to be taken on a complaint. | 4 |
| (5) To report the actions of the Complaint Committee at | 5 |
| each meeting of the Board. | 6 |
| (6) To provide an annual statistical report of all | 7 |
| complaints filed, the average length of time to resolve a | 8 |
| complaint, the number of complaints resolved or dismissed, | 9 |
| the reasons for dismissed complaints, the number of | 10 |
| complaints that resulted in disciplinary action, and the | 11 |
| number of unresolved complaints. Such report shall be made | 12 |
| available to the public. | 13 |
| (d) In determining what action to take or whether to | 14 |
| proceed with prosecution of a complaint, the Complaint | 15 |
| Committee shall consider, but not be limited to, the following | 16 |
| factors: the effect on the public's health, safety, and | 17 |
| welfare; the sufficiency of the evidence presented; | 18 |
| prosecutorial merit; and sufficient cooperation from | 19 |
| complaining parties. | 20 |
| (e) No complaint file shall be closed nor complaint | 21 |
| dismissed except upon recommendation of the Complaint | 22 |
| Committee or approval by the Board. | 23 |
| (f) When a complaint is made to the Department that alleges | 24 |
| that a building or other structure that requires the | 25 |
| involvement of an architect in its design is under | 26 |
| construction, construction is imminent, or construction has |
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| been completed and an architect is not or was not involved in | 2 |
| its design, the investigation of that complaint shall be | 3 |
| expedited to ensure the health and safety of the public. This | 4 |
| investigation shall be referred to as an emergency | 5 |
| investigation. | 6 |
| An emergency investigation must be given priority | 7 |
| attention and assigned to an investigator as soon as possible. | 8 |
| Once assigned to an investigator, the Department, through | 9 |
| its investigator, must convene a meeting of the Complaint | 10 |
| Committee by teleconference to determine if the complaint shall | 11 |
| continue to be treated as an emergency investigation. Such | 12 |
| meetings will be deemed an emergency and notice of the meeting | 13 |
| shall be provided in accordance with the Open Meetings Act. | 14 |
| Upon determination by the Complaint Committee that the | 15 |
| complaint should be treated as an emergency investigation, the | 16 |
| complaint must be investigated as soon as possible. | 17 |
| Upon completion of the emergency investigation, the | 18 |
| investigator must again convene a meeting of the Complaint | 19 |
| Committee by teleconference. This meeting shall also be | 20 |
| considered an emergency and notice of the meeting shall be | 21 |
| provided in accordance with the Open Meetings Act. The | 22 |
| Complaint Committee must then decide whether to recommend to | 23 |
| the Department that the complaint be referred to the Attorney | 24 |
| General to seek a temporary restraining order and permanent | 25 |
| injunction against the start or further construction of the | 26 |
| project or, where the project has already been completed, to |
|
|
|
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LRB095 19945 RAS 46366 b |
|
| 1 |
| enjoin the use of the building or structure. The Complaint | 2 |
| Committee shall recommend that the case be referred to the | 3 |
| Attorney General only upon a finding that the facts alleged in | 4 |
| the complaint are credible and constitute an imminent danger to | 5 |
| the public.
| 6 |
| (225 ILCS 305/12) (from Ch. 111, par. 1312)
| 7 |
| (Section scheduled to be repealed on January 1, 2010)
| 8 |
| Sec. 12. Examinations; subjects; failure or refusal to take
| 9 |
| examination. The Department shall authorize examination of | 10 |
| applicants as
architects at such times and places as it may | 11 |
| determine. The examination
shall be in English and shall be | 12 |
| written or written and graphic. It shall
include at a minimum | 13 |
| the following subjects:
| 14 |
| (a) pre-design (environmental analysis, architectural | 15 |
| programming,
and application of principles of project | 16 |
| management and coordination);
| 17 |
| (b) site planning (site analysis, design and | 18 |
| development, parking,
and application of zoning | 19 |
| requirements);
| 20 |
| (c) building planning (conceptual planning of | 21 |
| functional and space
relationships, building design, | 22 |
| interior space layout, barrier-free design,
and the | 23 |
| application of the life safety code requirements and | 24 |
| principles of
energy efficient design);
| 25 |
| (d) building technology (application of structural |
|
|
|
SB2760 Engrossed |
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LRB095 19945 RAS 46366 b |
|
| 1 |
| systems, building
components, and mechanical and | 2 |
| electrical systems);
| 3 |
| (e) general structures (identification, resolution, | 4 |
| and incorporation
of structural systems and the long span | 5 |
| design on the technical aspects of
the design of buildings | 6 |
| and the process and construction);
| 7 |
| (f) lateral forces (identification and resolution of | 8 |
| the effects of
lateral forces on the technical aspects of | 9 |
| the design of buildings and the
process of construction);
| 10 |
| (g) mechanical and electrical systems (as applied to | 11 |
| the
design of buildings, including plumbing and acoustical | 12 |
| systems);
| 13 |
| (h) materials and methods (as related to the design of | 14 |
| buildings
and the technical aspects of construction); and
| 15 |
| (i) construction documents and services (conduct of | 16 |
| architectural
practice as it relates to construction | 17 |
| documents, bidding, and construction
administration and | 18 |
| contractual documents from beginning to end of a building
| 19 |
| project).
| 20 |
| It shall be the responsibility of the applicant to be | 21 |
| familiar with
this Act and its rules.
| 22 |
| Examination subject matter headings and bases on which | 23 |
| examinations are
graded shall be indicated in rules pertaining | 24 |
| to this Act. The Department
may adopt the examinations and | 25 |
| grading procedures of the National Council
of Architectural | 26 |
| Registration Boards. Content of any particular
examination |
|
|
|
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LRB095 19945 RAS 46366 b |
|
| 1 |
| shall not be considered public record under the Freedom of
| 2 |
| Information Act.
| 3 |
| An applicant shall have 5 years from passage of the first | 4 |
| examination to successfully complete all examinations required | 5 |
| by rule of the Department. If an applicant neglects without an | 6 |
| approved excuse or refuses to take
the next available | 7 |
| examination offered for licensure under this Act, the
fee paid | 8 |
| by the applicant shall be forfeited. If an applicant fails to
| 9 |
| pass an examination for licensure under this Act within 3 years | 10 |
| after
filing an application, the application shall be denied. | 11 |
| The applicant
may, however, make a new application for | 12 |
| examination accompanied
by the required fee and must furnish | 13 |
| proof of meeting the qualifications
for examination in effect | 14 |
| at the time of the new application.
| 15 |
| The Department may by rule prescribe additional subjects | 16 |
| for examination.
| 17 |
| An applicant has one year from the date of notification of
| 18 |
| successful completion of all the examination requirements to | 19 |
| apply to the
Department for a license. If an applicant fails to | 20 |
| apply within one year,
the applicant shall be required to again | 21 |
| take and pass the examination.
| 22 |
| (Source: P.A. 91-133, eff. 1-1-00; 92-16, eff. 6-28-01.)
| 23 |
| (225 ILCS 305/13) (from Ch. 111, par. 1313)
| 24 |
| (Section scheduled to be repealed on January 1, 2010)
| 25 |
| Sec. 13. Qualifications of applicants. Any person who is of |
|
|
|
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LRB095 19945 RAS 46366 b |
|
| 1 |
| good
moral character may apply take an examination for | 2 |
| licensure if he
or she
is
a graduate with a first professional | 3 |
| degree in architecture from a program
accredited by the | 4 |
| National Architectural Accrediting Board , has completed the | 5 |
| examination requirements set forth under Section 12 of this | 6 |
| Act, and has
completed such diversified professional training, | 7 |
| including academic
training, as is required by rules of the | 8 |
| Department. Until January 1, 2014, in lieu of the
requirement | 9 |
| of graduation with a first professional degree in architecture
| 10 |
| from a program accredited by the National Architectural | 11 |
| Accrediting Board,
the Department may admit an applicant who is | 12 |
| a graduate with a
pre-professional 4 year baccalaureate degree | 13 |
| accepted for direct entry into
a first professional master of | 14 |
| architecture degree program, and who has
completed such | 15 |
| additional diversified professional training, including
| 16 |
| academic training, as is required by rules of the Department. | 17 |
| The
Department may adopt, as its own rules relating to | 18 |
| diversified professional
training, those guidelines published | 19 |
| from time to time by the National
Council of Architectural | 20 |
| Registration Boards.
| 21 |
| Good moral character means such character as will enable a | 22 |
| person to
discharge the fiduciary duties of an architect to | 23 |
| that person's client and
to the public in a manner which | 24 |
| protects health, safety and welfare. Evidence
of inability to | 25 |
| discharge such duties may include the commission of an
offense | 26 |
| justifying discipline under Section 22 19 . In addition, the
|
|
|
|
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LRB095 19945 RAS 46366 b |
|
| 1 |
| Department may take into consideration whether the applicant | 2 |
| has engaged in
conduct or actions that would constitute grounds | 3 |
| for discipline under this
Act.
| 4 |
| (Source: P.A. 93-1009, eff. 1-1-05; 94-543, eff. 8-10-05.)
| 5 |
| (225 ILCS 305/17.5 new) | 6 |
| Sec. 17.5. Architect, Retired. Pursuant to Section 2105-15 | 7 |
| of the Department of Professional Regulation Law of
the Civil | 8 |
| Administrative Code of Illinois, the Department may grant the | 9 |
| title "Architect, Retired" to any person who has been duly | 10 |
| licensed as an architect by the Department and who chooses to | 11 |
| relinquish or not renew his or her license. The Department may, | 12 |
| by rule, exempt from continuing education requirements those | 13 |
| who are granted the title "Architect, Retired". Those persons | 14 |
| granted the title "Architect, Retired" may request restoration | 15 |
| to active status under the applicable provisions of this Act. | 16 |
| The use of the title "Architect, Retired" shall not | 17 |
| constitute representation of current licensure. Any person | 18 |
| without an active license shall not be permitted to practice | 19 |
| architecture as defined in this Act.
| 20 |
| (225 ILCS 305/21) (from Ch. 111, par. 1321)
| 21 |
| (Section scheduled to be repealed on January 1, 2010)
| 22 |
| Sec. 21. Professional design firm registration; | 23 |
| conditions.
| 24 |
| (a) Nothing in this Act shall prohibit the formation, under |
|
|
|
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LRB095 19945 RAS 46366 b |
|
| 1 |
| the provisions
of the Professional Service Corporation Act, of | 2 |
| a corporation to offer
the practice
of architecture.
| 3 |
| Any business, including a
Professional
Service | 4 |
| Corporation, that includes the practice of architecture within | 5 |
| its stated purposes,
practices architecture, or holds itself | 6 |
| out as available to practice
architecture shall
register with | 7 |
| the Department under this Section. Any professional service
| 8 |
| corporation, sole proprietorship, or professional design firm | 9 |
| offering
architectural services must have a resident architect | 10 |
| overseeing the
architectural practices in each location in | 11 |
| which architectural services are
provided.
| 12 |
| Any sole proprietorship not owned and operated by an | 13 |
| Illinois licensed design
professional licensed under this Act | 14 |
| shall be prohibited from offering
architectural services to the | 15 |
| public. "Illinois licensed design professional"
means a person | 16 |
| who holds an active license as an architect under this Act,
as | 17 |
| a structural engineer under the Structural Engineering | 18 |
| Practice Act of
1989, or as a professional engineer under the | 19 |
| Professional Engineering
Practice Act of 1989. Any sole | 20 |
| proprietorship owned and operated by an
architect with an | 21 |
| active license issued under this Act and conducting or
| 22 |
| transacting such business under an assumed name in accordance | 23 |
| with the
provisions of the Assumed Business Name Act shall | 24 |
| comply with the registration
requirements of a professional | 25 |
| design firm.
Any sole proprietorship owned and
operated by an
| 26 |
| architect with an active license issued under this Act and |
|
|
|
SB2760 Engrossed |
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LRB095 19945 RAS 46366 b |
|
| 1 |
| conducting or
transacting such business under the real name of | 2 |
| the sole proprietor is
exempt from the
registration | 3 |
| requirements of a professional design firm.
| 4 |
| (b) Any corporation, including a Professional Service
| 5 |
| Corporation, partnership, limited liability company, or | 6 |
| professional
design firm
seeking to be registered under this | 7 |
| Section shall not be registered unless:
| 8 |
| (1) two-thirds of the board of directors, in the case | 9 |
| of a corporation,
or two-thirds of the general partners, in | 10 |
| the case of a partnership, or
two-thirds of the members, in | 11 |
| the case of a limited liability company, are
licensed under | 12 |
| the laws of any State to practice architecture, | 13 |
| professional
engineering, land surveying, or structural | 14 |
| engineering; and
| 15 |
| (2) the person having the architectural practice in | 16 |
| this State in his
charge is (A) a director in the case of a | 17 |
| corporation, a general
partner in the case of a | 18 |
| partnership, or a member in the case of a limited
liability | 19 |
| company, and (B) holds a license under this Act.
| 20 |
| Any corporation, limited liability company, professional | 21 |
| service
corporation, or partnership qualifying under this | 22 |
| Section and
practicing in this State shall file with the | 23 |
| Department any information
concerning its officers, directors, | 24 |
| members, managers, partners or
beneficial owners as the | 25 |
| Department may, by rule, require.
| 26 |
| (c) No business shall offer the practice or hold itself out |
|
|
|
SB2760 Engrossed |
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LRB095 19945 RAS 46366 b |
|
| 1 |
| as available
to offer the practice
of architecture until it is | 2 |
| registered with the Department. Every entity registered as a | 3 |
| professional design firm shall display its certificate of | 4 |
| registration or a facsimile thereof in a conspicuous place in | 5 |
| each office offering architectural services.
| 6 |
| (d) Any business seeking to be registered under this
| 7 |
| Section shall make application on a form provided by the | 8 |
| Department and
shall provide any information requested by the | 9 |
| Department, which shall
include but shall not be limited to all | 10 |
| of the following:
| 11 |
| (1) The name and architect's license number of at least | 12 |
| one person
designated as the managing agent in responsible | 13 |
| charge of the practice of
architecture in Illinois. In the | 14 |
| case of a corporation, the corporation
shall also submit a | 15 |
| certified copy of the resolution by the board of
directors | 16 |
| designating at least one managing agent. If a limited | 17 |
| liability
company, the company shall submit a certified | 18 |
| copy of either its articles of
organization or operating | 19 |
| agreement designating the managing agent.
| 20 |
| (2) The names and architect's, professional | 21 |
| engineer's, structural
engineer's, or land surveyor's | 22 |
| license numbers of the directors, in the
case
of a | 23 |
| corporation,
the members, in the case of a limited | 24 |
| liability company, or general
partners, in the case of a | 25 |
| partnership.
| 26 |
| (3) A list of all locations at which the professional |
|
|
|
SB2760 Engrossed |
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LRB095 19945 RAS 46366 b |
|
| 1 |
| design firm
provides architectural services.
| 2 |
| (4) A list of all assumed names of the business. | 3 |
| Nothing in this
Section shall be construed to exempt a | 4 |
| business from compliance with the
requirements of the | 5 |
| Assumed Business Name Act.
| 6 |
| It is the responsibility of the professional design firm to
| 7 |
| provide the Department notice, in writing, of any changes in | 8 |
| the
information requested on the application.
| 9 |
| (e) In the event a managing agent is terminated or | 10 |
| terminates his or her
status
as managing agent of the | 11 |
| professional design firm, the managing agent and
professional | 12 |
| design firm shall notify the Department of this fact in | 13 |
| writing,
by
certified mail, within 10 business days of | 14 |
| termination.
| 15 |
| Thereafter, the professional design firm, if it has so | 16 |
| informed the
Department, has 30 days in which to notify the | 17 |
| Department of the name and
architect's license number of the | 18 |
| architect who is the newly designated
managing agent. If a | 19 |
| corporation, the corporation shall also submit a certified
copy | 20 |
| of a resolution by the board of directors designating the new | 21 |
| managing
agent. If a limited liability company, the company | 22 |
| shall also submit a
certified copy of either its articles of | 23 |
| organization or operating agreement
designating the new | 24 |
| managing agent. The Department may, upon good cause shown,
| 25 |
| extend the original 30 day period.
| 26 |
| If the professional design firm has not notified the |
|
|
|
SB2760 Engrossed |
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LRB095 19945 RAS 46366 b |
|
| 1 |
| Department in writing,
by certified mail within the specified | 2 |
| time, the registration shall be
terminated without prior | 3 |
| hearing. Notification of termination shall be sent by
certified | 4 |
| mail to the last known address of the business. If the | 5 |
| professional
design firm continues to operate and offer | 6 |
| architectural services after the
termination, the Department | 7 |
| may seek prosecution under Sections 22, 36, and 36a
of this Act | 8 |
| for the unlicensed practice of architecture.
| 9 |
| (f) No professional design firm shall be relieved of | 10 |
| responsibility
for the conduct or acts of its agents, | 11 |
| employees, or officers by reason of
its compliance with this | 12 |
| Section, nor shall any individual practicing
architecture be | 13 |
| relieved of the responsibility for professional services
| 14 |
| performed by reason of the individual's employment or | 15 |
| relationship with a
professional design firm registered under | 16 |
| this Section.
| 17 |
| (g) Disciplinary action against a professional design firm | 18 |
| registered
under this Section shall be administered in the same | 19 |
| manner and on the same
grounds as disciplinary action against a | 20 |
| licensed architect. All
disciplinary action taken or pending | 21 |
| against a corporation or partnership
before the effective date | 22 |
| of this amendatory Act of 1993 shall be continued or
remain in | 23 |
| effect without the Department filing separate actions.
| 24 |
| (Source: P.A. 91-91, eff. 1-1-00; 91-133, eff. 1-1-00.)
| 25 |
| (225 ILCS 305/22) (from Ch. 111, par. 1322)
|
|
|
|
SB2760 Engrossed |
- 28 - |
LRB095 19945 RAS 46366 b |
|
| 1 |
| (Section scheduled to be repealed on January 1, 2010)
| 2 |
| Sec. 22. Refusal, suspension and revocation of licenses; | 3 |
| Causes.
| 4 |
| (a) The Department may, singularly or in combination, | 5 |
| refuse to issue,
renew or restore, or may suspend or
revoke any | 6 |
| license or registration, or may place on probation, reprimand,
| 7 |
| or fine, with a civil penalty not to exceed $10,000 for each | 8 |
| violation, any
person, corporation, or partnership, or | 9 |
| professional design firm licensed or
registered under this Act | 10 |
| for any of the following reasons:
| 11 |
| (1) material misstatement in furnishing information to | 12 |
| the Department;
| 13 |
| (2) negligence, incompetence or misconduct in the | 14 |
| practice of
architecture;
| 15 |
| (3) failure to comply with any of the provisions of | 16 |
| this Act or any of the
rules;
| 17 |
| (4) making any misrepresentation for the purpose of | 18 |
| obtaining licensure;
| 19 |
| (5) purposefully making false statements or signing | 20 |
| false statements,
certificates or affidavits to induce | 21 |
| payment;
| 22 |
| (6) conviction of any crime under the laws of the | 23 |
| United States, or any
state or territory thereof, which is | 24 |
| a felony, whether related to the
practice of architecture | 25 |
| or not; or conviction of any crime, whether a
felony, | 26 |
| misdemeanor, or otherwise, an essential element of which is
|
|
|
|
SB2760 Engrossed |
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LRB095 19945 RAS 46366 b |
|
| 1 |
| dishonesty, wanton disregard for the rights of others, or | 2 |
| which is directly
related to the practice of architecture;
| 3 |
| (7) aiding or assisting another person in violating any | 4 |
| provision of
this Act or its rules;
| 5 |
| (8) signing, affixing the licensed architect's seal or | 6 |
| permitting the
architect's seal to be affixed to any | 7 |
| technical submission construction documents not prepared
| 8 |
| by the architect or under that architect's responsible | 9 |
| direct supervision and control;
| 10 |
| (9) engaging in dishonorable, unethical or | 11 |
| unprofessional conduct of a
character likely to deceive, | 12 |
| defraud or harm the public;
| 13 |
| (10) habitual intoxication or addiction to the use of | 14 |
| drugs;
| 15 |
| (11) making a statement of compliance pursuant to the | 16 |
| Environmental
Barriers Act that construction documents | 17 |
| prepared by the Licensed Architect or
prepared under the | 18 |
| licensed architect's direct supervision and control for
| 19 |
| construction or alteration of an occupancy required to be | 20 |
| in compliance with
the Environmental Barriers Act are in | 21 |
| compliance with the Environmental
Barriers Act when such | 22 |
| technical submissions construction documents are not in | 23 |
| compliance;
| 24 |
| (12) a finding by the Board that an applicant or | 25 |
| registrant
has failed to pay a fine imposed by the | 26 |
| Department or a
registrant, whose license has been
placed |
|
|
|
SB2760 Engrossed |
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LRB095 19945 RAS 46366 b |
|
| 1 |
| on probationary status, has violated the terms of | 2 |
| probation;
| 3 |
| (13) discipline by another state, territory, foreign | 4 |
| country, the
District of Columbia, the United States | 5 |
| government, or any other
governmental agency, if at least | 6 |
| one of the grounds for discipline is the
same or | 7 |
| substantially equivalent to those set forth herein;
| 8 |
| (14) failure to provide information in response to a | 9 |
| written request
made by the Department within 30 days after | 10 |
| the receipt of such written
request;
| 11 |
| (15) physical illness, including, but not limited to, | 12 |
| deterioration
through the aging process or loss of motor | 13 |
| skill which results in the
inability to practice the | 14 |
| profession with reasonable judgment, skill or safety.
| 15 |
| (a-5) In enforcing this Section, the Board upon a showing | 16 |
| of a possible
violation may request that the Department compel | 17 |
| a person licensed to practice under this Act, or who has
| 18 |
| applied for licensure or certification pursuant to this Act, to | 19 |
| submit to a
mental or physical examination, or both, as | 20 |
| required by and at the expense of
the Department. The examining | 21 |
| physicians shall be those specifically
designated
by the | 22 |
| Department. The Department may order the examining physician to
| 23 |
| present testimony concerning this mental or physical | 24 |
| examination of the
licensee or applicant. No information shall | 25 |
| be excluded by reason of any
common law or statutory privilege | 26 |
| relating to communications between the
licensee or applicant |
|
|
|
SB2760 Engrossed |
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LRB095 19945 RAS 46366 b |
|
| 1 |
| and the examining physician. The person to be examined
may | 2 |
| have, at his or her own expense, another physician of his or | 3 |
| her choice
present during all aspects of the examination. | 4 |
| Failure of any person to submit
to a mental or physical | 5 |
| examination, when directed, shall be grounds for
suspension of | 6 |
| a license until the person submits to the examination if the
| 7 |
| Department finds, after notice and hearing, that the refusal to | 8 |
| submit to the
examination was without reasonable cause.
| 9 |
| If the Board finds a person unable to practice because of | 10 |
| the reasons set
forth in this Section, the Board may recommend | 11 |
| that the Department require that person to submit to care,
| 12 |
| counseling, or treatment by physicians approved or designated | 13 |
| by the Department as
a condition, term, or restriction for | 14 |
| continued, reinstated, or renewed
licensure to practice; or, in | 15 |
| lieu of care, counseling, or treatment, the Board
may recommend | 16 |
| to the Department to file a complaint to immediately suspend,
| 17 |
| revoke or otherwise discipline the license of the person. Any | 18 |
| person whose
license was granted, continued, reinstated, | 19 |
| renewed, disciplined, or supervised
subject to such terms, | 20 |
| conditions, or restrictions and who fails to comply with
such | 21 |
| terms, conditions, or restrictions shall be referred to the | 22 |
| Director for
a determination as to whether the person shall | 23 |
| have his or her license
suspended immediately, pending a | 24 |
| hearing by the Board.
| 25 |
| (b) The determination by a circuit court that a licensee is | 26 |
| subject to
involuntary admission or judicial admission, as |
|
|
|
SB2760 Engrossed |
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LRB095 19945 RAS 46366 b |
|
| 1 |
| provided in the Mental
Health and Developmental Disabilities | 2 |
| Code, operates as an automatic
suspension. Such suspension will | 3 |
| end only upon a finding by a court that
the patient is no | 4 |
| longer subject to involuntary admission or judicial
admission, | 5 |
| the issuance of an order so finding and discharging the | 6 |
| patient, and
the recommendation of the Board to the Director | 7 |
| that the licensee be
allowed to resume practice.
| 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 |
| Persons who assist the Department as consultants or expert | 16 |
| witnesses in
the investigation or prosecution of alleged | 17 |
| violations of the Act,
licensure matters, restoration | 18 |
| proceedings, or criminal prosecutions, shall
not be liable for | 19 |
| damages in any civil action or proceeding as a result of
such | 20 |
| assistance, except upon proof of actual malice. The attorney | 21 |
| general
shall defend such persons in any such action or | 22 |
| proceeding.
| 23 |
| (Source: P.A. 94-543, eff. 8-10-05.)
| 24 |
| (225 ILCS 305/23.5)
| 25 |
| (Section scheduled to be repealed on January 1, 2010)
|
|
|
|
SB2760 Engrossed |
- 33 - |
LRB095 19945 RAS 46366 b |
|
| 1 |
| Sec. 23.5. Unlicensed practice; violation; civil penalty.
| 2 |
| (a) Any person who practices, offers to practice, attempts | 3 |
| to practice, or
holds oneself out to practice as an architect | 4 |
| without being licensed under this
Act shall, in
addition to any | 5 |
| other penalty provided by law, pay a civil penalty to the
| 6 |
| Department in an amount not to exceed $10,000 $5,000 for each | 7 |
| offense as determined by
the Department. The civil penalty | 8 |
| shall be assessed by the Department after a
hearing is held in | 9 |
| accordance with the provisions set forth in this Act
regarding | 10 |
| the provision of a hearing for the discipline of a licensee.
| 11 |
| (a-5) Any entity that advertises architecture services in a | 12 |
| telecommunications directory must include its architecture | 13 |
| firm registration number or, in the case of a sole proprietor, | 14 |
| his or her individual license number. Nothing in this | 15 |
| subsection (a-5) requires the publisher of a | 16 |
| telecommunications directory to investigate or verify the | 17 |
| accuracy of the registration or license number provided by the | 18 |
| advertiser of architecture services.
| 19 |
| (b) The Department has the authority and power to | 20 |
| investigate any and all
unlicensed activity.
| 21 |
| (c) The civil penalty shall be paid within 60 days after | 22 |
| the effective date
of the order imposing the civil penalty. The | 23 |
| order shall constitute a judgment
and may be filed and | 24 |
| execution had thereon in the same manner as any judgment
from | 25 |
| any court of record.
| 26 |
| (Source: P.A. 94-543, eff. 8-10-05.)
|
|
|
|
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| 1 |
| (225 ILCS 305/24) (from Ch. 111, par. 1324)
| 2 |
| (Section scheduled to be repealed on January 1, 2010)
| 3 |
| Sec. 24. Investigations; notice and hearing. The | 4 |
| Department may investigate
the actions of any applicant or of | 5 |
| any person or entity holding or claiming to
hold a license or | 6 |
| registration. Before the initiation of an investigation, the
| 7 |
| matter shall be reviewed by a subcommittee of the Board | 8 |
| according to procedures
established in Section 10.5 of this Act | 9 |
| or by rule for the Complaint Committee. The Department shall, | 10 |
| before
refusing to restore, issue or renew a license or | 11 |
| registration, or discipline a
licensee or registrant, at least | 12 |
| 30 days prior to the date set for the
hearing, notify in | 13 |
| writing the applicant for, or holder of, a license or
| 14 |
| registrant of the nature of the charges and that a hearing will | 15 |
| be held on the
date designated, and direct the applicant or | 16 |
| entity or licensee or registrant
to file a written answer to | 17 |
| the Board under oath within 20 days after the
service of the | 18 |
| notice and inform the applicant or entity or licensee or
| 19 |
| registrant that failure to file an answer will result in | 20 |
| default being taken
against the applicant or entity or licensee | 21 |
| or registrant and that the license
or certificate may be | 22 |
| suspended, revoked, placed on probationary status, or
other | 23 |
| disciplinary action may be taken, including limiting the scope, | 24 |
| nature or
extent of practice, as the Director may deem proper. | 25 |
| Written notice may be
served by personal delivery or certified |
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| or registered mail to the respondent
at the address of his last | 2 |
| notification to the Department. In case the person
or entity | 3 |
| fails to file an answer after receiving notice, his or her | 4 |
| license or
certificate may, in the discretion of the | 5 |
| Department, be suspended, revoked, or
placed on probationary | 6 |
| status, or the Department may take whatever disciplinary
action | 7 |
| deemed proper, including limiting the scope, nature, or extent | 8 |
| of the
person's practice or the imposition of a fine, without a | 9 |
| hearing, if the act or
acts charged constitute sufficient | 10 |
| grounds for such action under this Act. At
the time and place | 11 |
| fixed in the notice, the Board shall proceed to hear the
| 12 |
| charges and the parties or their counsel shall be accorded | 13 |
| ample opportunity to
present such statements, testimony, | 14 |
| evidence and argument as may be pertinent
to the charges or to | 15 |
| their defense. The Board may continue the hearing from
time to | 16 |
| time.
| 17 |
| (Source: P.A. 87-1031; 88-428.)
| 18 |
| (225 ILCS 305/36) (from Ch. 111, par. 1336)
| 19 |
| (Section scheduled to be repealed on January 1, 2010)
| 20 |
| Sec. 36. Violations. Each of the following Acts constitutes | 21 |
| a
Class A misdemeanor for the first offense and a Class 4 | 22 |
| felony for a second
or subsequent offense:
| 23 |
| (a) the practice, attempt to practice or offer to | 24 |
| practice architecture,
or the advertising or putting out of | 25 |
| any sign or card or other device which
might indicate to |
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| the public that the person is entitled to practice
| 2 |
| architecture, without a license as a licensed architect, or | 3 |
| registration as a
professional design firm issued by the | 4 |
| Department. Each day of practicing
architecture or | 5 |
| attempting to practice architecture, and each instance of
| 6 |
| offering to practice architecture, without a license as a | 7 |
| licensed architect
or registration as a professional | 8 |
| design firm constitutes a separate offense;
| 9 |
| (b) the making of any wilfully false oath or | 10 |
| affirmation in any matter
or proceeding where an oath or | 11 |
| affirmation is required by this Act;
| 12 |
| (c) the affixing of a licensed architect's seal to any | 13 |
| technical submissions construction
documents which have | 14 |
| not been prepared by that architect or under the
| 15 |
| architect's responsible direct supervision and control;
| 16 |
| (d) the violation of any provision of this Act or its | 17 |
| rules;
| 18 |
| (e) using or attempting to use an expired, inactive, | 19 |
| suspended, or
revoked license, or the certificate or seal | 20 |
| of another, or impersonating
another licensee;
| 21 |
| (f) obtaining or attempting to obtain a license or | 22 |
| registration by
fraud; or
| 23 |
| (g) If any person, sole proprietorship, professional | 24 |
| service corporation,
limited liability company, | 25 |
| corporation or partnership, or other entity
practices | 26 |
| architecture or advertises or displays any sign or card or |
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| other
device that might indicate to the public that the | 2 |
| person or entity is entitled
to practice as an architect or | 3 |
| use the title "architect" or any of its
derivations unless | 4 |
| the person or other entity holds an active license as an
| 5 |
| architect or registration as a professional design firm in | 6 |
| the State; then, in
addition to any other penalty provided | 7 |
| by law any person or other entity who
violates this | 8 |
| subsection (g) shall forfeit and pay to the Design | 9 |
| Professionals
Administration and Investigation Fund a | 10 |
| civil penalty in an amount determined
by the Department of | 11 |
| not more than $10,000 $5,000 for each offense.
| 12 |
| An unlicensed person who has completed the education | 13 |
| requirements, is actively participating in the diversified | 14 |
| professional training, and maintains in good standing a | 15 |
| training record as required for licensure by this Act may use | 16 |
| the title "architectural intern", but may not independently | 17 |
| engage in the practice of architecture.
| 18 |
| (Source: P.A. 93-1009, eff. 1-1-05.)
| 19 |
| (225 ILCS 305/38) (from Ch. 111, par. 1338)
| 20 |
| (Section scheduled to be repealed on January 1, 2010)
| 21 |
| Sec. 38. Fund; appropriations; investments; audits. Moneys
| 22 |
| deposited in the Design Professionals Administration and | 23 |
| Investigation Fund
shall be appropriated to the Department | 24 |
| exclusively for expenses of the
Department and the Board in the | 25 |
| administration of this Act, the Illinois
Professional Land |
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| Surveyor Act of 1989, the Professional Engineering
Practice Act | 2 |
| of 1989, and the Structural Engineering Practice Act of
1989. | 3 |
| The expenses of the Department under this Act shall be limited | 4 |
| to the
ordinary and contingent expenses of the Design | 5 |
| Professionals Dedicated
Employees within the Department as | 6 |
| established under Section 2105-75 of the
Department of | 7 |
| Professional Regulation Law (20 ILCS 2105/2105-75) and other
| 8 |
| expenses related to the administration and enforcement of this | 9 |
| Act.
| 10 |
| Moneys from the Fund may also be used for direct and | 11 |
| allocable indirect
costs related to the public purposes of the | 12 |
| Department of Financial and Professional
Regulation. Moneys in | 13 |
| the Fund may be transferred to the Professions Indirect
Cost | 14 |
| Fund as authorized by Section 2105-300 of the Department of
| 15 |
| Professional Regulation Law (20 ILCS 2105/2105-300).
| 16 |
| All fines and penalties under Sections 22 and 36 shall be | 17 |
| deposited in
the Design Professionals Administration and | 18 |
| Investigation Fund.
| 19 |
| Moneys in the Design Professionals Administration and | 20 |
| Investigation Fund
may be invested and reinvested, with all | 21 |
| earnings received from the
investments to be deposited in the | 22 |
| Design Professionals Administration and
Investigation Fund and | 23 |
| used for the same purposes as fees deposited in
the Fund.
| 24 |
| Upon the completion of any audit of the Department as | 25 |
| prescribed by the
Illinois State Auditing Act that includes an | 26 |
| audit of the Design
Professionals Administration and |
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| Investigation Fund, the Department shall
make the audit open to | 2 |
| inspection by any interested person. The copy of
the audit | 3 |
| report required to be submitted to the Department by this
| 4 |
| Section is an addition to copies of audit reports required to | 5 |
| be submitted
to other State officers and agencies by Section | 6 |
| 3-14 of the Illinois
State Auditing Act.
| 7 |
| (Source: P.A. 91-91, eff. 1-1-00; 91-133, eff. 1-1-00; 91-239, | 8 |
| eff. 1-1-00;
92-16, eff. 6-28-01.)
| 9 |
| Section 15. The Professional Engineering Practice Act of | 10 |
| 1989 is amended by changing Sections 3, 4, 5, 7, 10, 17, and 42 | 11 |
| and by adding Sections 4.5 and 7.5 as follows:
| 12 |
| (225 ILCS 325/3) (from Ch. 111, par. 5203)
| 13 |
| (Section scheduled to be repealed on January 1, 2010)
| 14 |
| Sec. 3. Application of the Act; Exemptions.
| 15 |
| (a) Nothing in this Act shall be construed to prevent the | 16 |
| practice of
structural engineering as defined in the Structural
| 17 |
| Engineering Practice Act of 1989 or the practice of
| 18 |
| architecture
as defined in the Illinois Architecture Practice | 19 |
| Act of 1989 or the
regular and customary practice of | 20 |
| construction contracting and construction
management as | 21 |
| performed by construction contractors.
| 22 |
| (b) Nothing in this Act shall prevent:
| 23 |
| (1) Employees, including project representatives, of | 24 |
| professional
engineers lawfully practicing as sole owners, |
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| partnerships or
corporations under this Act, from acting | 2 |
| under the direct supervision of
their employers.
| 3 |
| (2) The employment of owner's representatives by the | 4 |
| owner during the
constructing, adding to, or altering of a | 5 |
| project, or any parts thereof,
provided that such owner's | 6 |
| representative shall not have the authority
to deviate from | 7 |
| the technical submissions without the prior approval of
the | 8 |
| professional engineer for the project.
| 9 |
| (3) The practice of officers and employees of the | 10 |
| Government of the
United States while engaged within this | 11 |
| State in the practice of the
profession of engineering for | 12 |
| the Government.
| 13 |
| (4) Services performed by employees of a business | 14 |
| organization engaged
in utility, industrial or | 15 |
| manufacturing operations, or by employees of
laboratory | 16 |
| research affiliates of such business organization which | 17 |
| are
rendered in connection with the fabrication or | 18 |
| production, sale, and
installation of products, systems, | 19 |
| or nonengineering services of the
business organization or | 20 |
| its affiliates.
| 21 |
| (5) Inspection, maintenance and service work done by | 22 |
| employees of the
State of Illinois, any political | 23 |
| subdivision thereof or any
municipality.
| 24 |
| (6) The activities performed by those ordinarily | 25 |
| designated as chief
engineer of plant operation, chief | 26 |
| operating engineer, locomotive,
stationary, marine, power |
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| plant or hoisting and portable engineers,
electrical | 2 |
| maintenance or service engineers, personnel employed in
| 3 |
| connection with construction, operation or maintenance of | 4 |
| street
lighting, traffic control signals, police and fire | 5 |
| alarm systems,
waterworks, steam, electric, and sewage | 6 |
| treatment and disposal plants,
or the services ordinarily | 7 |
| performed by any worker regularly employed as
a locomotive, | 8 |
| stationary, marine, power plant, or hoisting and portable
| 9 |
| engineer or electrical maintenance or service engineer for | 10 |
| any
corporation, contractor or employer.
| 11 |
| (7) The activities performed by a person ordinarily | 12 |
| designated as
a supervising engineer or supervising | 13 |
| electrical maintenance or service
engineer who supervises | 14 |
| the operation of, or who operates, machinery or
equipment, | 15 |
| or who supervises construction or the installation of
| 16 |
| equipment within a plant which is under such person's | 17 |
| immediate
supervision.
| 18 |
| (8) The services, for private use, of contractors or | 19 |
| owners in the
construction of engineering works or the | 20 |
| installation of equipment.
| 21 |
| (c) No officer, board, commission, or other public entity | 22 |
| charged with
the enforcement of codes and ordinances involving | 23 |
| a professional
engineering project shall accept for filing or | 24 |
| approval any technical
submissions that do not bear the seal | 25 |
| and signature of a professional
engineer licensed under this | 26 |
| Act. A building permit issued with respect to technical |
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| submissions that do not conform to the requirements of this Act | 2 |
| shall be invalid.
| 3 |
| (d) Nothing contained in this Section imposes upon a person | 4 |
| licensed
under this Act the responsibility for the performance | 5 |
| of any of the
foregoing functions unless such person | 6 |
| specifically contracts to provide it.
| 7 |
| (Source: P.A. 91-91, eff. 1-1-00.)
| 8 |
| (225 ILCS 325/4) (from Ch. 111, par. 5204)
| 9 |
| (Section scheduled to be repealed on January 1, 2010)
| 10 |
| Sec. 4. Definitions. As used in this Act:
| 11 |
| (a) "Approved engineering curriculum" means
an engineering | 12 |
| curriculum or program
of 4 academic years or more which meets | 13 |
| the standards established by the
rules of the Department.
| 14 |
| (b) "Board" means the State Board of Professional Engineers | 15 |
| of the
Department of Professional Regulation, previously known | 16 |
| as the Examining
Committee.
| 17 |
| (c) "Department" means the Department of Financial and | 18 |
| Professional Regulation.
| 19 |
| (d) "Design professional" means an architect, structural | 20 |
| engineer or
professional engineer practicing in conformance | 21 |
| with the Illinois
Architecture Practice Act of 1989, the | 22 |
| Structural
Engineering Practice Act of 1989 or the
Professional | 23 |
| Engineering Practice Act of 1989.
| 24 |
| (e) " Secretary Director " means the Secretary Director of | 25 |
| Financial and Professional Regulation.
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| (f) "Direct supervision/responsible charge" means work
| 2 |
| prepared under the control of a licensed professional engineer | 3 |
| or that
work as to which that professional engineer has | 4 |
| detailed professional
knowledge.
| 5 |
| (g) "Engineering college" means a school, college, | 6 |
| university,
department of a university or other educational | 7 |
| institution, reputable
and in good standing in accordance with | 8 |
| rules prescribed by the
Department, and which grants | 9 |
| baccalaureate degrees in engineering.
| 10 |
| (h) "Engineering system or facility" means a system or | 11 |
| facility whose
design is based upon the application of the | 12 |
| principles of science for
the purpose of modification of | 13 |
| natural states of being.
| 14 |
| (i) "Engineer intern" means a person who is a candidate for
| 15 |
| licensure as a professional engineer and who has been enrolled | 16 |
| as an
engineer intern.
| 17 |
| (j) "Enrollment" means an action by the Department to | 18 |
| record those
individuals who have met the Board's requirements | 19 |
| for an engineer
intern.
| 20 |
| (k) "License" means an official document issued by the | 21 |
| Department to
an individual, a corporation, a partnership, a | 22 |
| professional
service corporation, a limited liability company, | 23 |
| or a sole proprietorship,
signifying authority to
practice.
| 24 |
| (l) "Negligence in the practice of professional | 25 |
| engineering" means the
failure to exercise that degree of | 26 |
| reasonable professional skill, judgment
and diligence normally |
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| rendered by professional engineers in the
practice of | 2 |
| professional engineering.
| 3 |
| (m) "Professional engineer" means a person licensed under | 4 |
| the laws
of the State of Illinois to practice professional | 5 |
| engineering.
| 6 |
| (n) "Professional engineering" means the application of | 7 |
| science to the
design of engineering systems and facilities | 8 |
| using the knowledge,
skills, ability and professional judgment | 9 |
| developed through professional
engineering education, training | 10 |
| and experience.
| 11 |
| (o) "Professional engineering practice" means the | 12 |
| consultation on,
conception, investigation, evaluation, | 13 |
| planning, and design of, and
selection of materials to be used | 14 |
| in, administration of
construction contracts for, or site | 15 |
| observation of,
an engineering system
or facility, where such | 16 |
| consultation, conception, investigation,
evaluation, planning, | 17 |
| design, selection, administration, or observation
requires | 18 |
| extensive knowledge of engineering laws, formulae, materials,
| 19 |
| practice, and construction methods. A person shall be construed | 20 |
| to
practice or offer to practice professional engineering, | 21 |
| within the
meaning and intent of this Act, who practices, or | 22 |
| who, by verbal claim,
sign, advertisement, letterhead, card, or | 23 |
| any other way, is represented
to be a professional engineer, or | 24 |
| through the use of the initials "P.E."
or the title "engineer" | 25 |
| or any of its derivations or some other title
implies licensure | 26 |
| as a professional engineer, or holds himself out as able to
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| perform any service which is recognized as professional | 2 |
| engineering
practice.
| 3 |
| Examples of the practice of professional engineering | 4 |
| include, but need
not be limited to, transportation facilities , | 5 |
| public and publicly owned
utilities for a region or community ,
| 6 |
| railroads, railways, highways, subways, canals, harbors, and | 7 |
| river
improvements; land development; stormwater detention, | 8 |
| retention, and conveyance; irrigation works; aircraft and , | 9 |
| airports and landing fields ;
traffic engineering; waterworks, | 10 |
| piping systems and appurtenances , sewers, sewage disposal
| 11 |
| works; storm sewer, sanitary sewer, and water system modeling; | 12 |
| plants for the generation of
power; devices for the utilization | 13 |
| of power; boilers; refrigeration
plants, air conditioning | 14 |
| systems and plants; heating systems and plants;
plants for the | 15 |
| transmission or distribution of power; electrical plants
which | 16 |
| produce, transmit, distribute, or utilize electrical energy; | 17 |
| works
for the extraction of minerals from the earth; plants for | 18 |
| the refining,
alloying or treating of metals; chemical works | 19 |
| and industrial plants
involving the use of chemicals and | 20 |
| chemical processes; plants for the
production, conversion, or | 21 |
| utilization of nuclear, chemical, or radiant
energy; forensic | 22 |
| engineering, geotechnical engineering including,
subsurface | 23 |
| investigations; soil and rock classification, geology and | 24 |
| geohydrology,
incidental to the practice of professional | 25 |
| engineering; geohydrological investigations, migration pathway | 26 |
| analysis (including evaluation of building and site elements), |
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| soil and groundwater management zone analysis and design; | 2 |
| energy
analysis, environmental risk assessments, corrective | 3 |
| action plans, design , remediation, protection plans and | 4 |
| systems, hazardous waste mitigation and control , environmental | 5 |
| control or remediation systems; recognition, measurement, | 6 |
| evaluation, and control of environmental systems and | 7 |
| emissions; evaluation and design of engineered barriers, | 8 |
| modeling of pollutants in water, soil, and air; engineering | 9 |
| surveys of sites, facilities, and topography, not including | 10 |
| land boundary establishment ;
recognition, measurement, | 11 |
| evaluation and control of environmental systems and
emissions; | 12 |
| automated building management systems;
control or remediation | 13 |
| systems; computer controlled or integrated systems; automatic | 14 |
| fire notification and suppression systems; investigation and | 15 |
| assessment of indoor air inhalation exposures and design of | 16 |
| abatement and remediation systems; or the provision of | 17 |
| professional engineering site observation of the
construction | 18 |
| of works and engineering systems. Nothing in this Section shall | 19 |
| preclude an employee from acting under the direct | 20 |
| supervision/responsible charge of a licensed professional | 21 |
| engineer. Nothing contained in
this Section imposes upon a | 22 |
| person licensed under this Act the
responsibility for the | 23 |
| performance of any of the foregoing functions
unless such | 24 |
| person specifically contracts to provide it.
| 25 |
| (p) "Project representative" means the professional | 26 |
| engineer's
representative at the project site who assists in |
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| the administration of
the construction contract.
| 2 |
| (q) "Registered" means the same as "licensed" for purposes | 3 |
| of this Act.
| 4 |
| (r) "Related science curriculum" means a 4 year program of | 5 |
| study, the
satisfactory completion of which results in a | 6 |
| Bachelor of Science
degree, and which contains courses from | 7 |
| such areas as life, earth,
engineering and computer sciences, | 8 |
| including but not limited to, physics
and chemistry. In the | 9 |
| study of these sciences, the objective is to
acquire | 10 |
| fundamental knowledge about the nature of its phenomena,
| 11 |
| including quantitative expression, appropriate to particular | 12 |
| fields of
engineering.
| 13 |
| (s) "Rules" means those rules promulgated pursuant to this | 14 |
| Act.
| 15 |
| (t) "Seal" means the seal in compliance with Section 14 of | 16 |
| this Act.
| 17 |
| (u) "Site observation" is visitation of the construction | 18 |
| site for the
purpose of reviewing, as available, the quality | 19 |
| and conformance of the
work to the technical submissions as | 20 |
| they relate to design.
| 21 |
| (v) "Support design professional" means a professional | 22 |
| engineer
practicing in conformance with the Professional | 23 |
| Engineering Practice Act
of 1989, who provides services to the | 24 |
| design professional who has
contract responsibility.
| 25 |
| (w) "Technical submissions" means the designs, drawings, | 26 |
| and specifications
which establish the scope and standard of |
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|
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| quality for materials, workmanship,
equipment, and the | 2 |
| construction systems intended for use in construction. | 3 |
| "Technical submissions" includes, but is not limited to , | 4 |
| studies, analyses, calculations, and other technical
reports | 5 |
| prepared in the course of the a design professional's practice | 6 |
| of professional engineering or under the direct | 7 |
| supervision/responsible charge of a licensed professional | 8 |
| engineer .
| 9 |
| (x) "Design/build" and "design/build entity" means the | 10 |
| project delivery process defined in Title 68, Section 1380.296 | 11 |
| of the Illinois Administrative Code. | 12 |
| (Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; 92-16, | 13 |
| eff. 6-28-01;
92-145, eff. 1-1-02.)
| 14 |
| (225 ILCS 325/4.5 new)
| 15 |
| Sec. 4.5. References to Department or Director of | 16 |
| Professional Regulation. References in this Act (i) to the | 17 |
| Department of Professional Regulation are deemed, in | 18 |
| appropriate contexts, to be references to the Department of | 19 |
| Financial and Professional Regulation and (ii) to the Director | 20 |
| of Professional Regulation are deemed, in appropriate | 21 |
| contexts, to be references to the Secretary of Financial and | 22 |
| Professional Regulation.
| 23 |
| (225 ILCS 325/5) (from Ch. 111, par. 5205)
| 24 |
| (Section scheduled to be repealed on January 1, 2010)
|
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| Sec. 5. Powers and duties of the Department. Subject to the
| 2 |
| provisions of this Act, the Department shall exercise the | 3 |
| following
functions, powers and duties:
| 4 |
| (a) To pass upon the qualifications and conduct | 5 |
| examinations of
applicants for licensure as professional | 6 |
| engineers or enrollment as
engineer interns and pass upon | 7 |
| the qualifications of applicants by
endorsement and issue a | 8 |
| license or enrollment to those who are found to
be fit and | 9 |
| qualified.
| 10 |
| (b) To prescribe rules for the method, conduct and | 11 |
| grading of the
examination of applicants.
| 12 |
| (c) To license corporations, partnerships, | 13 |
| professional service
corporations,
limited liability | 14 |
| companies, and sole proprietorships
for the practice of
| 15 |
| professional engineering and issue a license to those who | 16 |
| qualify.
| 17 |
| (d) To conduct investigations and
hearings regarding | 18 |
| violations of this Act and take
disciplinary or other | 19 |
| actions as provided in this Act as a result of the
| 20 |
| proceedings.
| 21 |
| (e) To prescribe rules as to what shall constitute an | 22 |
| engineering or
related science curriculum and to determine | 23 |
| if a specific engineering
curriculum is in compliance with | 24 |
| the rules, and to terminate the
approval of a specific | 25 |
| engineering curriculum for non-compliance with
such rules.
| 26 |
| (f) To promulgate rules required for the |
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| 1 |
| administration of this Act,
including rules of | 2 |
| professional conduct.
| 3 |
| (g) To maintain membership in the National Council of
| 4 |
| Examiners for Engineering and Surveying
and participate in | 5 |
| activities of the Council by designation of
individuals for | 6 |
| the various classifications of membership, the
appointment | 7 |
| of delegates for attendance at zone and national meetings | 8 |
| of
the Council, and the funding of the delegates for | 9 |
| attendance at the
meetings of the Council.
| 10 |
| (h) To obtain written recommendations from the Board | 11 |
| regarding
qualifications of individuals for licensure and | 12 |
| enrollment, definitions
of curriculum content and approval | 13 |
| of engineering curricula, standards
of professional | 14 |
| conduct and formal disciplinary actions, and the
| 15 |
| promulgation of the rules affecting these matters.
| 16 |
| Prior to issuance of any final decision or order that | 17 |
| deviates from
any report or recommendations of the Board | 18 |
| relating to the qualification
of applicants, discipline of | 19 |
| licensees or registrants, or promulgation of
rules, the | 20 |
| Director shall notify the Board in writing with an | 21 |
| explanation of
any such deviation and provide a reasonable | 22 |
| time for the Board to submit
written comments to the | 23 |
| Director regarding the proposed action. In the
event that | 24 |
| the Board fails or declines to submit such written comments | 25 |
| within
30 days of said notification, the Director may issue | 26 |
| a final decision or orders
consistent with the Director's |
|
|
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| 1 |
| original decision. The Department may at any
time seek the | 2 |
| expert advice and knowledge of the Board on any matter | 3 |
| relating
to the enforcement of this Act.
| 4 |
| (i) To publish and distribute or to post on the | 5 |
| Department's website, at
least semi-annually, a
newsletter | 6 |
| to all persons licensed and registered under this
Act. The | 7 |
| newsletter shall describe the most recent changes in this | 8 |
| Act and the
rules adopted under this Act and shall contain | 9 |
| information of any final
disciplinary action that has been | 10 |
| ordered under this Act since the date of the
last | 11 |
| newsletter. | 12 |
| (j) To contract with a corporation or other business | 13 |
| entity to provide investigative, legal, prosecutorial, or | 14 |
| other services necessary to perform its duties.
| 15 |
| None of the functions, powers or duties enumerated in this | 16 |
| Section
shall be exercised by the Department except upon the | 17 |
| action and report
in writing of the Board.
| 18 |
| (Source: P.A. 91-92, eff. 1-1-00; 92-145, eff. 1-1-02.)
| 19 |
| (225 ILCS 325/7) (from Ch. 111, par. 5207)
| 20 |
| (Section scheduled to be repealed on January 1, 2010)
| 21 |
| Sec. 7. Powers and duties of the Board. Subject to the | 22 |
| provisions
of this Act, the Board shall exercise the following | 23 |
| functions, powers
and duties:
| 24 |
| (a) Review education and experience qualifications of | 25 |
| applicants,
including conducting oral interviews as deemed |
|
|
|
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| 1 |
| necessary by the Board,
to determine eligibility as an | 2 |
| engineer intern or professional engineer
and submit to the | 3 |
| Director written recommendations on applicant
| 4 |
| qualifications for enrollment and licensure;
| 5 |
| (b) The Board may appoint a subcommittee to serve as a | 6 |
| Complaint Committee
to recommend the disposition of case | 7 |
| files according to procedures established
by rule;
| 8 |
| (c) Conduct hearings regarding disciplinary actions | 9 |
| and submit a
written report and recommendations to the | 10 |
| Director as required by this
Act and to provide a Board | 11 |
| member at informal conferences;
| 12 |
| (d) Make visits to universities or colleges to evaluate
| 13 |
| engineering curricula or to otherwise evaluate engineering | 14 |
| curricula and
submit to the Director a written | 15 |
| recommendation of acceptability of a
curriculum;
| 16 |
| (e) Submit a written recommendation to the Director | 17 |
| concerning
promulgation of rules as required in Section 5 | 18 |
| and to recommend to the
Director any rules or amendments | 19 |
| thereto for the administration of this
Act;
| 20 |
| (f) Hold at least 3 regular meetings each year;
| 21 |
| (g) Elect annually a chairperson and a | 22 |
| vice-chairperson who shall be
professional engineers; and
| 23 |
| (h) Submit written comments to the Director within 30 | 24 |
| days from
notification of any final decision or order from | 25 |
| the Director that deviates
from any
report or | 26 |
| recommendation of the Board relating to the qualification |
|
|
|
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| 1 |
| of
applicants, discipline of licensees or registrants, or | 2 |
| promulgation of rules. | 3 |
| (i) Contract with a corporation or other business | 4 |
| entity to provide investigative, legal, prosecutorial, or | 5 |
| other services necessary to perform its duties.
| 6 |
| (Source: P.A. 91-92, eff. 1-1-00.)
| 7 |
| (225 ILCS 325/7.5 new)
| 8 |
| Sec. 7.5. Complaint Committee. | 9 |
| (a) There is created the Professional Engineer Complaint | 10 |
| Committee of the Board composed of 2 voting members of the | 11 |
| Board, a Supervisor over Design Investigations, and a Chief of | 12 |
| Prosecutions over Design Prosecutions. The Director of | 13 |
| Enforcement shall designate the Supervisor and Chief assigned | 14 |
| to the Complaint Committee. | 15 |
| (b) The Complaint Committee shall meet at least once every | 16 |
| 2 months to exercise its functions and duties as set forth in | 17 |
| subsection (c). Two members of the Board shall be in attendance | 18 |
| in order for any business to be transacted by the Complaint | 19 |
| Committee. The Complaint Committee shall make every effort to | 20 |
| consider expeditiously and take prompt action on each item on | 21 |
| its agenda. | 22 |
| (c) The Complaint Committee shall have the following duties | 23 |
| and functions: | 24 |
| (1) To review any complaint filed against an involved | 25 |
| party under this Act. |
|
|
|
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| 1 |
| (2) To refer the complaint to the Supervisor over | 2 |
| Design Investigations for further action. | 3 |
| (3) To recommend to the Board that a complaint file be | 4 |
| closed. | 5 |
| (4) To make all other decisions in conjunction with the | 6 |
| Supervisor over Design Investigations regarding an action | 7 |
| to be taken on a complaint. | 8 |
| (5) To report the actions of the Complaint Committee at | 9 |
| each meeting of the Board. | 10 |
| (6) To provide an annual statistical report of all | 11 |
| complaints filed, the average length of time to resolve a | 12 |
| complaint, the number of complaints resolved or dismissed, | 13 |
| the reasons for dismissed complaints, the number of | 14 |
| complaints that resulted in disciplinary action, and the | 15 |
| number of unresolved complaints. Such report shall be made | 16 |
| available to the public. | 17 |
| (d) In determining what action to take or whether to | 18 |
| proceed with prosecution of a complaint, the Complaint | 19 |
| Committee shall consider, but not be limited to, the following | 20 |
| factors: the effect on the public's health, safety, and | 21 |
| welfare; the sufficiency of the evidence presented; | 22 |
| prosecutorial merit; and sufficient cooperation from | 23 |
| complaining parties. | 24 |
| (e) No complaint file shall be closed nor complaint | 25 |
| dismissed except upon recommendation of the Complaint | 26 |
| Committee or approval by the Board. |
|
|
|
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| 1 |
| (f) When a complaint is made to the Department that alleges | 2 |
| that a building or other structure that requires the | 3 |
| involvement of a professional engineer in its design is under | 4 |
| construction, construction is imminent, or construction has | 5 |
| been completed and a professional engineer is not or was not | 6 |
| involved in its design, the investigation of that complaint | 7 |
| shall be expedited to ensure the health and safety of the | 8 |
| public. This investigation will be referred to as an emergency | 9 |
| investigation. | 10 |
| An emergency investigation will be given priority | 11 |
| attention and assigned to an investigator as soon as possible. | 12 |
| Once assigned to an investigator, the Department, through | 13 |
| its investigator, must convene a meeting of the Complaint | 14 |
| Committee by teleconference to determine if the complaint shall | 15 |
| continue to be treated as an emergency investigation. Such | 16 |
| meetings shall be deemed an emergency and notice of the meeting | 17 |
| shall be provided in accordance with the Open Meetings Act. | 18 |
| Upon determination by the Complaint Committee that the | 19 |
| complaint should be treated as an emergency investigation, the | 20 |
| complaint must be investigated as soon as possible. | 21 |
| Upon completion of the emergency investigation, the | 22 |
| investigator must again convene a meeting of the Complaint | 23 |
| Committee by teleconference. This meeting shall also be | 24 |
| considered an emergency and notice of the meeting shall be | 25 |
| provided in accordance with the Open Meetings Act. The | 26 |
| Complaint Committee must then decide whether to recommend to |
|
|
|
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|
| 1 |
| the Department that the complaint be referred to the Attorney | 2 |
| General to seek a temporary restraining order and permanent | 3 |
| injunction against the start or further construction of the | 4 |
| project or, where the project has already been completed, to | 5 |
| enjoin the use of the building or structure. The Complaint | 6 |
| Committee shall recommend that the case be referred to the | 7 |
| Attorney General only upon a finding that the facts alleged in | 8 |
| the complaint are credible and constitute an imminent danger to | 9 |
| the public.
| 10 |
| (225 ILCS 325/10) (from Ch. 111, par. 5210)
| 11 |
| (Section scheduled to be repealed on January 1, 2010)
| 12 |
| Sec. 10. Minimum standards for examination for licensure as
| 13 |
| professional engineer. To qualify for licensure as a | 14 |
| professional
engineer each applicant shall be:
| 15 |
| (a) A graduate of an approved engineering curriculum of at | 16 |
| least 4
years who submits acceptable evidence to the Board of | 17 |
| an additional 4
years or more of experience in engineering work | 18 |
| of a grade and character
which indicate that the individual may | 19 |
| be competent to practice
professional engineering, and who then | 20 |
| passes a nominal 8-hour written
examination in the fundamentals | 21 |
| of engineering, and a nominal 8-hour
written examination in the | 22 |
| principles and practice of engineering. Upon
passing both | 23 |
| examinations, the applicant, if otherwise qualified, shall
be | 24 |
| granted a license to practice professional engineering in this | 25 |
| State; or
|
|
|
|
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|
| 1 |
| (b) A graduate of a non-approved engineering curriculum or | 2 |
| a related
science curriculum of at least 4 years and meeting | 3 |
| the requirements as
set forth by rule, who submits acceptable | 4 |
| evidence to the Board of an
additional 8 years or more of | 5 |
| experience in engineering work of a grade
and character which | 6 |
| indicate that the individual may be competent to
practice | 7 |
| professional engineering, and who then passes a nominal 8-hour
| 8 |
| written examination in the fundamentals of engineering and a | 9 |
| nominal
8-hour written examination in the principles and | 10 |
| practice of
engineering. Upon passing both examinations, the | 11 |
| applicant, if
otherwise qualified, shall be granted a license | 12 |
| to practice professional
engineering in this State; or
| 13 |
| (c) An engineer intern who meets the education and | 14 |
| experience
qualifications of subsection (a) or (b) of this | 15 |
| Section
and has passed the nominal 8-hour written examination | 16 |
| in the fundamentals
of engineering ,
by application
and payment | 17 |
| of the required fee, may then take the nominal 8-hour written
| 18 |
| examination in the principles and practice of engineering. If | 19 |
| an engineer intern successfully completes the Upon passing
that | 20 |
| examination and submits evidence to the Board of meeting the | 21 |
| experience qualifications of subsection (a) or (b) of this | 22 |
| Section , he or she the applicant , if otherwise qualified, shall | 23 |
| be
granted a license to practice professional engineering in | 24 |
| this State.
| 25 |
| (d) When considering an applicant's
qualifications for | 26 |
| licensure under this Act, the Department may take into
|
|
|
|
SB2760 Engrossed |
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LRB095 19945 RAS 46366 b |
|
| 1 |
| consideration whether an applicant has engaged in conduct or | 2 |
| actions that
would constitute a violation of the Standards of | 3 |
| Professional Conduct for
this Act as provided for by | 4 |
| administrative rules.
| 5 |
| (Source: P.A. 91-92, eff. 1-1-00.)
| 6 |
| (225 ILCS 325/17) (from Ch. 111, par. 5217)
| 7 |
| (Section scheduled to be repealed on January 1, 2010)
| 8 |
| Sec. 17. Licensure; Renewal; Restoration; Person in | 9 |
| military
service. The expiration date and renewal period for | 10 |
| each professional
engineer license issued under this Act shall | 11 |
| be set by the Department
by rule. The
enrollment of an engineer | 12 |
| intern shall not expire.
| 13 |
| Any person whose
license has expired or whose license is on | 14 |
| inactive status may have such
license restored by making | 15 |
| application to the Department and filing
proof acceptable to | 16 |
| the Department of that person's fitness to have such
license | 17 |
| restored, which may include sworn evidence certifying to active
| 18 |
| practice in another jurisdiction satisfactory to the | 19 |
| Department and by
paying the required restoration fee.
If the | 20 |
| person has not maintained an active practice in another
| 21 |
| jurisdiction satisfactory to the Department, the Board shall | 22 |
| determine,
by an evaluation program established by rule, the | 23 |
| person's fitness to
resume active status and may require the | 24 |
| person to complete a period of
evaluated experience and may | 25 |
| require successful completion of the
principles and practice |
|
|
|
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|
| 1 |
| examination.
| 2 |
| However, any person whose license expired while that person | 3 |
| was (1) in
Federal Service on active duty with the Armed Forces | 4 |
| of the United
States, or the State Militia called into service | 5 |
| or training, or (2) in
training or education under the | 6 |
| supervision of the United States
preliminary to induction into | 7 |
| the military service, may have such
license renewed or restored | 8 |
| without paying any lapsed renewal fees if,
within 2 years after | 9 |
| honorable termination of such service, training,
or education, | 10 |
| except under conditions other than honorable, the
Department is | 11 |
| furnished with satisfactory evidence that the person has
been | 12 |
| so engaged and has maintained professional competence and that | 13 |
| such
service, training or education has been so terminated.
| 14 |
| Each application
for renewal shall contain the original | 15 |
| seal and signature of the
professional engineer. Applicants for | 16 |
| renewal or restoration shall
certify that all conditions of | 17 |
| their license meet the requirements of
the Illinois | 18 |
| Professional Engineering Practice Act of 1989.
| 19 |
| The Department may grant the title "Retired" to eligible | 20 |
| retirees to be used immediately adjacent to the title of | 21 |
| Professional Engineer. The use of the title "PE Retired" shall | 22 |
| not constitute representation of current licensure, | 23 |
| registration, or certification. Any person without an active | 24 |
| license, registration, or certificate shall not be permitted to | 25 |
| practice professional engineering. | 26 |
| (Source: P.A. 89-61, eff. 6-30-95.)
|
|
|
|
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|
| 1 |
| (225 ILCS 325/42) (from Ch. 111, par. 5242)
| 2 |
| (Section scheduled to be repealed on January 1, 2010)
| 3 |
| Sec. 42. Civil penalties.
| 4 |
| (1) In addition to any other penalty provided by law, any | 5 |
| person, sole
proprietorship, professional service corporation, | 6 |
| limited liability company,
partnership, or other entity
who
| 7 |
| violates Section 40 of this Act shall forfeit and pay to the | 8 |
| Design
Professionals Administration and Investigation Fund a | 9 |
| civil penalty in an
amount determined by the Department of not | 10 |
| more than $10,000 $5,000 for
each offense. The penalty shall be | 11 |
| assessed in proceedings as provided in
Sections 26 through 33 | 12 |
| and Section 37 of this Act.
| 13 |
| (2) Unless the amount of the penalty is paid within 60 days | 14 |
| after the
order becomes final, the order shall constitute a | 15 |
| judgment and shall be
filed and execution issued thereon in the | 16 |
| same manner as the judgment of
a court of record.
| 17 |
| (Source: P.A. 88-595, eff. 8-26-94; 89-61, eff. 6-30-95.)
|
|