Full Text of SB2814 96th General Assembly
SB2814enr 96TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning professional regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Fire
| 5 | | Equipment Distributor and
Employee Regulation Act of 2011. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | (a) "Employee" means a licensee
or a person who is | 8 | | currently employed by a distributor licensed under this
Act | 9 | | whose full or part-time duties include servicing, recharging,
| 10 | | hydro-testing, installing, maintaining, or inspecting all | 11 | | types of fire
extinguishing devices or systems, other than | 12 | | water sprinkler systems. | 13 | | (b) "Board" means the Fire Equipment Distributor and | 14 | | Employee
Advisory Board. | 15 | | (c) "Person" means a natural person or any company, | 16 | | corporation, or other
business entity. | 17 | | (d) "Fire equipment distributor" means any person, company | 18 | | or
corporation that services, recharges, hydro-tests, | 19 | | inspects, installs,
maintains, alters, repairs, replaces, or | 20 | | services fire extinguishing devices
or systems, other than | 21 | | water sprinkler systems, for customers, clients, or
other third | 22 | | parties. "Fire equipment distributor" does not include a | 23 | | person,
company, or corporation employing 2,000 or more |
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| 1 | | employees within the State
of Illinois that engages in these | 2 | | activities incidental to its own business. | 3 | | (e) "Public member" means a person who is not a licensee or | 4 | | a relative
of a licensee, or who is not an employer or employee | 5 | | of a licensee.
The term "relative" shall be determined by rules | 6 | | of the State Fire Marshal. | 7 | | (f) "Residency" means an actual domicile in Illinois for a | 8 | | period of not
less than one year. | 9 | | (g) "Inspection" means a determination that a fire | 10 | | extinguisher is
available in its designated place and has not | 11 | | been actuated or tampered
with. "Inspection" does not include | 12 | | the inspection that may be performed by
the building owner, | 13 | | tenant, or insurance representative. | 14 | | (h) "Maintenance" means a determination that an | 15 | | extinguisher will
operate effectively and safely. It includes a | 16 | | thorough examination and any
necessary repair or replacement. | 17 | | It also includes checking the date of
manufacture or last | 18 | | hydrostatic test to see if internal inspection of the
cylinder | 19 | | or hydrostatic testing is necessary, and checking for cuts, | 20 | | bulges,
dents, abrasions, corrosion, condition of paint, shell | 21 | | hanger attachment,
maintenance of nameplate, weight of | 22 | | contents, pressure gauge, valve,
removal of pull pin, discharge | 23 | | nozzle, hose assembly, and operating
instructions. | 24 | | Section 10. License requirement; injunction. No person | 25 | | shall act as a fire
equipment distributor or employee, or
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| 1 | | advertise or
assume to act as such, or use any title implying | 2 | | that such person
is engaged in such practice or occupation | 3 | | unless licensed by the State Fire
Marshal.
| 4 | | No firm, association, or corporation shall act as an
agency | 5 | | licensed under this Act, or advertise or assume to act as such,
| 6 | | or use any title implying that the firm, association, or | 7 | | corporation
is engaged in such practice, unless licensed by the | 8 | | State Fire Marshal.
| 9 | | The State Fire Marshal, in the name of the People and | 10 | | through the Attorney
General, the
State's Attorney of any | 11 | | county, any resident of the State, or any legal
entity within | 12 | | the State may apply for injunctive relief in any court to | 13 | | enjoin
any person who has not been issued a license or whose | 14 | | license
has been suspended, revoked, or not renewed from | 15 | | practicing
a licensed activity, and upon the filing of a | 16 | | verified petition,
the court, if satisfied by affidavit or | 17 | | otherwise, that such person
is or has been practicing in | 18 | | violation
of this Act may enter a temporary restraining order
| 19 | | or preliminary injunction, without bond, enjoining
the | 20 | | defendant from such further activity. A copy of the verified | 21 | | complaint
shall be served upon the defendant and the | 22 | | proceedings shall thereafter
be conducted as in other civil | 23 | | cases. If it is established that
the defendant
has been or is | 24 | | practicing in violation of this Act, the court may enter
a | 25 | | judgment perpetually enjoining the defendant
from such further | 26 | | activity.
In case of violation of any injunctive order or |
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| 1 | | judgment entered under the
provisions of this
Section, the | 2 | | court may summarily try and punish the
offender for contempt of | 3 | | court. Such injunctive proceeding shall be in
addition to all | 4 | | penalties and other remedies in this Act. | 5 | | The State Fire Marshal may refuse to issue a license to, or | 6 | | may suspend the
license
of, any person who fails to file a | 7 | | return, to pay the tax, penalty, or
interest shown in a filed | 8 | | return, or to pay any final assessment of tax,
penalty, or | 9 | | interest, as required by any tax Act administered by the
| 10 | | Illinois Department of Revenue, until such time as the | 11 | | requirements of any such
tax Act are satisfied. | 12 | | Section 15. Exemptions. | 13 | | (a) This Act shall not apply to an officer or employee of | 14 | | this
State or the fire department or fire protection district | 15 | | of any political
subdivision of this State while such officer | 16 | | or employee is engaged in the
performance of his or her | 17 | | official duties within the course and scope of his
or her | 18 | | employment with this State, or any political subdivision. | 19 | | However, any such
person who offers his or her services as
a | 20 | | private fire equipment distributor or employee, or any title | 21 | | where
similar services are performed for compensation, fee, or | 22 | | other valuable
consideration, whether received directly or | 23 | | indirectly, shall be subject to
this Act and its licensing | 24 | | requirements. | 25 | | (b) Any person who engages in hydrostatic testing of fire
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| 1 | | equipment but does not service, recharge, install, maintain, or | 2 | | inspect
such equipment shall not be required to be licensed | 3 | | under this Act. | 4 | | Section 20. Deposit of fees. All fees collected under this | 5 | | Act shall be
deposited into the Fire Prevention Fund. | 6 | | Section 25. Fire Equipment Distributor and Employee | 7 | | Advisory Board. There
is created the Fire Equipment Distributor | 8 | | and Employee Advisory Board
consisting of 9 members to be | 9 | | appointed by the State Fire Marshal as soon
as practicable | 10 | | after the effective date of this Act.
Two of the members shall | 11 | | possess at least a Class A Fire
Distributor License, 2 shall | 12 | | possess at least a Class B Fire Distributor
License, 2 shall | 13 | | possess at least a Class C Fire Distributor License, 2
shall be | 14 | | representatives of the active fire prevention services who are | 15 | | not
licensed under this Act, and one shall be a public member | 16 | | who is
not licensed under this Act or a similar Act of another | 17 | | jurisdiction and
who has no connection with any business | 18 | | licensed under this Act. The State
Fire Marshal shall be an ex | 19 | | officio member of the Board. Each member
shall be a resident of | 20 | | Illinois.
Each appointment
to the Board shall have a minimum of | 21 | | 5 years' experience as a licensee in
the field in which the | 22 | | person is licensed, be an officer in a licensed
fire equipment | 23 | | distributor company, and be actively engaged in the fire
| 24 | | equipment business. In making Board appointments, the State |
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| 1 | | Fire Marshal
shall give consideration to the recommendations by | 2 | | members of the profession
and by organizations therein. The | 3 | | membership shall reasonably reflect
representation from | 4 | | geographic areas in this State. | 5 | | Each Board member shall serve for a term of 4 years and | 6 | | until his or her
successor
is appointed and qualified. However, | 7 | | in making initial appointments, one
member shall be appointed | 8 | | to serve for one year, 2 shall be appointed to serve
for 2 | 9 | | years, 2 shall be appointed to serve for 3 years, and the | 10 | | remaining
members,
one of whom shall be the public member, | 11 | | shall be appointed to serve for
4 years. Appointments to fill | 12 | | vacancies shall be made in the same manner as
original | 13 | | appointments for the unexpired portion of the vacated term. | 14 | | Initial
terms shall begin upon the effective date of this Act. | 15 | | A member of the Board may be removed from office for just | 16 | | cause.
A member subject to formal disciplinary
proceedings | 17 | | shall disqualify himself or herself from Board business until | 18 | | the
charge
is resolved. A member also shall disqualify himself | 19 | | or herself from any matter
on
which the member may not | 20 | | objectively make a decision. | 21 | | Board members shall receive no compensation, but shall be | 22 | | reimbursed
for expenses incurred in connection with their | 23 | | duties as board members. | 24 | | Five members shall constitute a quorum.
A majority vote of | 25 | | the Board is required for a Board decision. | 26 | | The Board shall elect from its membership a chairman and |
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| 1 | | other
officers as it may deem necessary. | 2 | | Board members shall not be liable for any of their acts, | 3 | | omissions,
decisions, or any other conduct in connection with | 4 | | their duties on the Board,
except those involving willful, | 5 | | wanton, or intentional misconduct. | 6 | | The Board may have such powers as may be granted by the | 7 | | State Fire Marshal
to carry out the provisions of this Act. | 8 | | Section 30. Rules; report. | 9 | | (a) The State Fire Marshal shall adopt rules consistent
| 10 | | with the provisions
of this Act for the administration and | 11 | | enforcement thereof, and may prescribe
forms that shall be | 12 | | issued in connection therewith. The rules shall include
| 13 | | standards and criteria for registration, professional
conduct, | 14 | | and discipline. The State Fire Marshal shall consult with the | 15 | | Board
in
adopting all rules under this Act.
| 16 | | (b) The Board shall propose to the State Fire Marshal | 17 | | additions or
modifications
to administrative rules whenever a | 18 | | majority of the members believes the
rules are deficient for | 19 | | the proper administration of this Act.
| 20 | | (c) The State Fire Marshal may solicit the advice and | 21 | | expert knowledge of
the Board
on any matter relating to the | 22 | | administration and enforcement of this Act.
| 23 | | (d) In the adopting of rules relating to fire equipment
| 24 | | distributors and employees, the State Fire Marshal shall be | 25 | | guided by the
national
fire safety standards and codes and fire |
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| 1 | | equipment and facility standards
and code, including, but not | 2 | | limited to, those adopted by the National
Fire Protection | 3 | | Association and the National Association of Fire Equipment
| 4 | | Distributors.
| 5 | | (e) In the adopting of rules relating to the maintenance | 6 | | and operation
of hydrostatic testing equipment and tools for | 7 | | all fire equipment distributors
and employees, the State Fire | 8 | | Marshal shall be guided by the requirements of
the
United | 9 | | States Department of Transportation as set forth in Section | 10 | | 173.34(e)(1)
of Title 49 of Code of Federal Regulations.
| 11 | | (f) The State Fire Marshal shall by rule establish | 12 | | procedures for an
applicant for any class fire equipment | 13 | | employee license to work for a
licensed fire equipment | 14 | | distributor for training.
| 15 | | (g) The rules adopted by the Office of the State Fire | 16 | | Marshal under
the
Fire Equipment Distributor and Employee | 17 | | Regulation Act of 2000 shall remain in effect
until
such time | 18 | | as the Office of the State Fire Marshal adopts rules under this
| 19 | | Act.
| 20 | | (h) The State Fire Marshal shall issue to the Board prior | 21 | | to each Board
meeting,
but not less than quarterly, a report of | 22 | | the status of all convictions related
to the profession | 23 | | received by the State Fire Marshal. | 24 | | Section 35. Personnel. The State Fire Marshal may employ, | 25 | | in conformity with
the Personnel
Code,
such professional, |
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| 1 | | technical, investigative, or clerical help, on either
a full or | 2 | | part-time basis, as may be necessary for the enforcement of | 3 | | this
Act. Each investigator shall have a minimum of 2 years' | 4 | | investigative
experience
out of the preceding 5 years.
| 5 | | An investigator may not hold an active license issued under | 6 | | this Act
or have any fiduciary interest in any business | 7 | | licensed
under this Act. This prohibition does not, however, | 8 | | prohibit an investigator
from holding stock in a | 9 | | publicly-traded business licensed or regulated under
this Act, | 10 | | provided that the investigator does not hold more than 5% of | 11 | | the
stock in the business. | 12 | | Section 40. Qualifications for licensure; fees. | 13 | | (a) No person shall engage in practice as a fire equipment | 14 | | distributor or
fire equipment employee without first
applying | 15 | | for and obtaining a license for that purpose from the Office of
| 16 | | the State Fire Marshal.
| 17 | | (b) To qualify for a Class A Fire Equipment Distributor | 18 | | License to service,
recharge,
hydro-test, install, maintain, | 19 | | or inspect all types of fire extinguishers, an
applicant must | 20 | | provide all of the following:
| 21 | | (1) An annual license fee of $100.
| 22 | | (2) Evidence of registration as an Illinois | 23 | | corporation or
evidence of compliance with the Assumed | 24 | | Business Name Act.
| 25 | | (3) Evidence of financial responsibility in a minimum |
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| 1 | | amount of
$300,000 through liability insurance, | 2 | | self-insurance,
group insurance, group self-insurance, or | 3 | | risk retention groups.
| 4 | | (c) To qualify for a Class B Fire Equipment Distributor | 5 | | License to service,
recharge,
hydro-test, install, maintain, | 6 | | or inspect all types of pre-engineered fire
extinguishing | 7 | | systems, an applicant must provide all of the following:
| 8 | | (1) An annual license fee of $200.
| 9 | | (2) Evidence of registration as an Illinois | 10 | | corporation or
evidence of compliance with the Assumed | 11 | | Business Name Act.
| 12 | | (3) Evidence of financial responsibility in a minimum | 13 | | amount of
$300,000 through liability insurance, | 14 | | self-insurance, group insurance, group
self-insurance, or | 15 | | risk retention groups.
| 16 | | (4) Evidence of owning, leasing, renting, or having | 17 | | access to proper
testing equipment that is in compliance | 18 | | with the national standards adopted
by the State Fire | 19 | | Marshal for the maintenance and operation of testing
tools | 20 | | for use with all Class B fire equipment.
| 21 | | (d) To qualify for a Class C Fire Equipment Distributor | 22 | | License to service,
repair,
hydro-test, inspect, and engineer | 23 | | all types of engineered fire suppression
systems, an applicant | 24 | | must provide all of the following:
| 25 | | (1) An annual license fee of $300.
| 26 | | (2) Evidence of registration as an Illinois |
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| 1 | | corporation or
evidence of compliance with the Assumed | 2 | | Business Name Act.
| 3 | | (3) Evidence of financial responsibility in a minimum | 4 | | amount of
$300,000 through liability insurance, | 5 | | self-insurance, group insurance,
group self-insurance, or | 6 | | risk retention groups.
| 7 | | (4) Evidence of owning, leasing, renting, or having | 8 | | access to proper
testing equipment that is in compliance | 9 | | with the national standards adopted
by the State Fire | 10 | | Marshal for the maintenance and operation of testing
tools | 11 | | for use with all Class C fire equipment.
| 12 | | (e) To qualify for a Class 1 Fire Equipment Employee | 13 | | License to service,
recharge, hydro-test, install, maintain, | 14 | | or inspect all types
of fire extinguishers, an applicant must | 15 | | complete all of the following:
| 16 | | (1) Pass the examination.
| 17 | | (2) Pay an annual license fee of $20.
| 18 | | (3) Provide a current photograph at least 1" x 1" in | 19 | | size.
| 20 | | (f) To qualify for a Class 2 Fire Equipment Employee | 21 | | License to service,
recharge, hydro-test, install, maintain, | 22 | | or inspect all types
of pre-engineered fire extinguishing | 23 | | systems, an applicant must complete all of
the following:
| 24 | | (1) Pass the examination.
| 25 | | (2) Pay an annual license fee of $20.
| 26 | | (3) Provide a current photograph at least 1" x 1" in |
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| 1 | | size.
| 2 | | (g) To qualify for a Class 3 Fire Equipment Employee | 3 | | License to service,
recharge, hydro-test, maintain, inspect, | 4 | | or engineer all
types of engineered fire extinguishing systems, | 5 | | an applicant must complete all
of the following:
| 6 | | (1) Pass the examination.
| 7 | | (2) Pay an annual license fee of $20.
| 8 | | (3) Provide a current photograph at least 1" x 1" in | 9 | | size.
| 10 | | Section 45. Applications. Each application for a license to | 11 | | practice under
this
Act shall be in writing and signed by the | 12 | | applicant on forms provided by the
State Fire Marshal. | 13 | | Section 50. Examinations. | 14 | | (a) Applicants for licensure shall be examined as provided
| 15 | | in this Section if they are qualified to be examined under this | 16 | | Act. All
applicants
who are admitted to the examination shall | 17 | | be evaluated upon the same standards
as others being examined | 18 | | for the respective license.
| 19 | | (b) Examination for licensure shall be at such times and | 20 | | places as the
State Fire Marshal may determine, but shall be | 21 | | given at least quarterly.
| 22 | | (c) Examinations shall test the minimum amount of knowledge | 23 | | and skill
needed to perform the duties set forth in the | 24 | | definition of the license
and be in the interest of protection |
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| 1 | | of the public. The State Fire Marshal may
contract with a | 2 | | testing service for the preparation and conduct of such
| 3 | | examination.
| 4 | | (d) If an applicant neglects, fails, or refuses to take an | 5 | | examination
under this Act within one year after filing his or | 6 | | her application, the fee
paid
by the applicant shall be | 7 | | forfeited. However,
the applicant may thereafter make a new | 8 | | application for examination,
accompanied
by the required fee. | 9 | | Section 55. Licensure without examination. The State Fire | 10 | | Marshal shall
adopt rules for licensure
without examination and | 11 | | may license under this Act without examination,
on payment of | 12 | | the required fee, an applicant who is registered under the
laws | 13 | | of another state or territory or of another country, if the | 14 | | requirements
for registration in the jurisdiction in which the | 15 | | applicant was licensed
were, at the date of his registration, | 16 | | substantially equal to the requirements
then in force in this | 17 | | State and that State, territory, or country has similar
rules | 18 | | for licensure. | 19 | | Section 60. Issuance of license; renewal. | 20 | | (a) The State Fire Marshal shall, upon the applicant's | 21 | | satisfactory
completion of the requirements authorized under | 22 | | this Act and upon receipt
of the requisite fees, issue the | 23 | | appropriate license and wallet card showing
the name and | 24 | | business location of the licensee, the dates of issuance and
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| 1 | | expiration, and shall contain a photograph of the licensee | 2 | | provided to the
State Fire Marshal.
| 3 | | (b) Any license valid on December 31, 2010 under the Fire | 4 | | Equipment Distributor and Employee Regulation Act of 2000 shall | 5 | | be a valid license under this Act and expires when the valid | 6 | | license issued under the Fire Equipment Distributor and | 7 | | Employee Regulation Act of 2000 was scheduled to expire.
| 8 | | (c) Each licensee may apply for renewal of his license upon | 9 | | payment of
fees, as set forth in this Act. The expiration date | 10 | | and renewal period
for each license issued under this Act shall | 11 | | be set by rule. Failure to
renew within 60 days of the | 12 | | expiration date shall lapse the license. A lapsed
license
may | 13 | | not be reinstated until a written application is filed, the | 14 | | renewal
fee is paid, and a $50 reinstatement fee is paid. | 15 | | Renewal and reinstatement
fees shall be waived for persons who | 16 | | did not renew while on active duty
in the military and who file | 17 | | for renewal or restoration within one year after
discharge from | 18 | | such service. A lapsed license may not be reinstated after
5 | 19 | | years have elapsed, except upon passing an examination to | 20 | | determine fitness
to have the license restored and by paying | 21 | | the required fees.
| 22 | | (d) As a condition of renewal of a license, the State Fire | 23 | | Marshal may
require the licensee to report information | 24 | | pertaining to his practice which
the State Fire Marshal | 25 | | determines to be in the interest of public safety.
| 26 | | (e) All fees paid under this Act
are non-refundable. |
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| 1 | | Section 65. Returned checks. Any person who on 2 occasions | 2 | | issues or delivers
a check or other
order
to the State Fire | 3 | | Marshal
that is not honored by the financial institution upon | 4 | | which it is drawn
because of insufficient funds on account | 5 | | shall pay to the
State Fire Marshal, in addition to the amount | 6 | | owing upon the check or other
order,
a fee of $50. The State | 7 | | Fire Marshal shall notify the licensee whose
license
has | 8 | | lapsed, within 30 days after the discovery by the State Fire | 9 | | Marshal that
the
licensee is practicing without a current
| 10 | | license, that the individual, person, or distributor is acting | 11 | | as a fire
equipment distributor or employee, as the case may | 12 | | be, without
a license, and the amount due to the State Fire | 13 | | Marshal, which shall include
the
lapsed renewal fee and all | 14 | | other fees required by this Section. If after the
expiration
of | 15 | | 30 days from the date of such notification, the licensee whose | 16 | | license
has lapsed seeks a current license, he shall thereafter | 17 | | apply to the State
Fire Marshal
for reinstatement of the | 18 | | license and pay all fees due to the State Fire
Marshal.
The | 19 | | State Fire Marshal may establish a fee for the processing of an | 20 | | application
for reinstatement of a license that allows the | 21 | | State Fire Marshal to pay all
costs
and expenses incident to | 22 | | the processing of this application. The State Fire
Marshal
may | 23 | | waive the fees due under this Section in individual cases where | 24 | | he finds
that the fees would be unreasonable or unnecessarily
| 25 | | burdensome. |
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| 1 | | Section 70. Change of address; display of license; | 2 | | duplicate license
or certificate. | 3 | | (a) A licensee shall report a change in home or office | 4 | | address within 10
days of when it occurs.
| 5 | | (b) Each licensee shall prominently display his or her | 6 | | license to practice at
each place from which the practice is | 7 | | being performed. If more than one
location is used, branch | 8 | | office certificates shall be issued upon payment
of the fees to | 9 | | be established by the State Fire Marshal. Each fire equipment
| 10 | | employee shall carry on his or her person a wallet card issued | 11 | | by the State Fire
Marshal.
| 12 | | (c) If a license or certificate is lost, a duplicate shall | 13 | | be issued
upon payment of the required fee to be established by | 14 | | the State Fire Marshal.
If a
licensee wishes to change his or | 15 | | her name, the State Fire Marshal shall issue a
license in
the | 16 | | new name upon satisfactory proof that such change was done in
| 17 | | accordance with law and upon payment of the required fee.
| 18 | | (d) Each licensee shall permit his or her facilities to be | 19 | | inspected by
representatives of the State Fire Marshal. | 20 | | Section 75. Grounds for disciplinary sanctions. Licensees | 21 | | subject to this Act
shall conduct their
practice in accordance | 22 | | with this Act and with any rules adopted
under this Act. | 23 | | Licensees shall be subject to the exercise of the
disciplinary | 24 | | sanctions enumerated in Section 90 if the State Fire Marshal |
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| 1 | | finds
that a licensee is guilty of any of the following:
| 2 | | (1) fraud or material deception in obtaining or renewing of | 3 | | a license;
| 4 | | (2) professional incompetence as manifested by poor | 5 | | standards of service;
| 6 | | (3) engaging in dishonorable, unethical, or unprofessional | 7 | | conduct of a
character likely to deceive, defraud, or harm the | 8 | | public in the course of
professional services or activities;
| 9 | | (4) conviction of any crime by a licensee that has a | 10 | | substantial
relationship to his or her practice or an essential | 11 | | element of which is
misstatement, fraud, or dishonesty, or | 12 | | conviction in this or another state
of any crime that is a | 13 | | felony under the laws of Illinois or conviction of
a felony in | 14 | | a federal court, unless the person demonstrates that he or she | 15 | | has
been sufficiently rehabilitated to warrant the public | 16 | | trust;
| 17 | | (5) performing any services in a grossly negligent manner | 18 | | or
permitting any of his or her licensed employees to perform | 19 | | services in a
grossly
negligent manner, regardless of whether | 20 | | actual damage or damages to the
public is established;
| 21 | | (6) habitual drunkenness or habitual addiction to the use
| 22 | | of morphine,
cocaine, controlled substances, or other | 23 | | habit-forming drugs;
| 24 | | (7) directly or indirectly willfully receiving | 25 | | compensation for any
professional services not actually | 26 | | rendered;
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| 1 | | (8) having disciplinary action taken against his or her | 2 | | license in another
state;
| 3 | | (9) making differential treatment against any person to his | 4 | | or her detriment
because of race, color, creed, sex, religion, | 5 | | or national origin;
| 6 | | (10) engaging in unprofessional conduct;
| 7 | | (11) engaging in false or misleading advertising;
| 8 | | (12) contracting or assisting unlicensed persons to | 9 | | perform services for
which a license is required under this | 10 | | Act;
| 11 | | (13) permitting the use of his or her license to enable any | 12 | | unlicensed
person
or agency to operate as a licensee;
| 13 | | (14) performing and charging for services without having | 14 | | authorization
to do so from the member of the public being | 15 | | served;
| 16 | | (15) failure to comply with any provision of this Act or | 17 | | the rules
adopted under this Act;
| 18 | | (16) conducting business regulated by this Act without a | 19 | | currently valid
license. | 20 | | Section 80. Complaints. All complaints concerning | 21 | | violations regarding
licensees or
unlicensed activity shall be | 22 | | received and logged by the State Fire Marshal and
reported
to | 23 | | the Board. | 24 | | Section 85. Formal charges. |
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| 1 | | (a) Following the investigative process, the State Fire | 2 | | Marshal may
file formal charges against the licensee. The | 3 | | formal charges shall, at
a minimum, inform the licensee of the | 4 | | facts that make up the basis of the
charge
and that are | 5 | | specific enough to enable the licensee to defend himself.
| 6 | | (b) Each licensee whose conduct is the subject of a formal | 7 | | charge that
seeks to impose disciplinary action against the | 8 | | licensee shall be served
notice of said formal charge at least | 9 | | 30 days before the date of the hearing,
which shall be presided | 10 | | over by a hearing officer
authorized by the State Fire Marshal. | 11 | | Service shall be considered to have been
given if the notice | 12 | | was personally received by the licensee or if the notice
was | 13 | | sent by certified mail, return receipt requested to the | 14 | | licensee at the
licensee's
last known address, as listed with | 15 | | the State Fire Marshal.
| 16 | | (c) The notice of formal charges shall consist at a minimum | 17 | | of the following
information:
| 18 | | (1) the time, place, and date of the hearing;
| 19 | | (2) that the licensee shall appear personally at the | 20 | | hearing and may be
represented by counsel;
| 21 | | (3) that the licensee shall have the right to produce | 22 | | witnesses and
evidence in his behalf and shall have the | 23 | | right to cross-examine witnesses and
refute
evidence
| 24 | | produced against him or her;
| 25 | | (4) that the hearing could result in disciplinary | 26 | | action being taken
against his or her license;
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| 1 | | (5) that rules for the conduct of these hearings exist | 2 | | and it may be in
the licensee's best interest to obtain a | 3 | | copy;
| 4 | | (6) that a hearing officer authorized by the State Fire | 5 | | Marshal
shall preside at the hearing and following the | 6 | | conclusion of said hearing
shall make findings of fact, | 7 | | conclusions of law, and recommendations,
separately
| 8 | | stated, to the State Fire Marshal as to what disciplinary | 9 | | action, if any,
should be
imposed on the licensee; and
| 10 | | (7) that the State Fire Marshal may continue such | 11 | | hearing.
| 12 | | (d) The hearing officer authorized by the State Fire | 13 | | Marshal shall
hear evidence produced in support of the formal | 14 | | charges and contrary evidence
produced by the licensee, if any. | 15 | | At the conclusion of the hearing, the
hearing officer shall | 16 | | make findings of fact, conclusions of law, and
recommendations,
| 17 | | separately stated, and submit them to the State Fire Marshal | 18 | | and to all parties
to
the proceeding. Submission to the | 19 | | licensee shall be considered as having
been made if done in a | 20 | | similar fashion as service of the notice of formal
charges. | 21 | | Within 20 days after such service, any party to the proceeding
| 22 | | may present to the State Fire Marshal a motion, in writing, for | 23 | | a rehearing which
written motion shall specify the particular | 24 | | grounds therefor.
| 25 | | (e) The State Fire Marshal, following the time allowed for | 26 | | filing a motion
for rehearing,
shall review the hearing |
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| 1 | | officer's findings of fact, conclusions of law,
and | 2 | | recommendations,
and any motions filed subsequent thereto. | 3 | | After review of such information
the State Fire Marshal may | 4 | | hear oral arguments and thereafter shall issue an
order.
The | 5 | | report of findings of fact, conclusions of law, and | 6 | | recommendations of
the hearing officer shall be the basis for | 7 | | the State Fire Marshal's order.
If the State Fire Marshal
finds | 8 | | that substantial justice was not done, he or she may issue an | 9 | | order in
contravention
of the findings of fact, conclusions of | 10 | | law, and recommendations of the hearing
officer. The State Fire | 11 | | Marshal shall provide the Board with written
explanation of
any | 12 | | such deviation, and shall specify with particularity the | 13 | | reasons for
said action. The finding is not admissible in | 14 | | evidence against the person
in criminal prosecution brought for | 15 | | the violation of this Act.
| 16 | | (f) All proceedings under this Section are matters of | 17 | | public record
and shall be preserved.
| 18 | | Section 90. Disciplinary sanctions; hearings. | 19 | | (a) The State Fire Marshal shall impose any of the | 20 | | following sanctions,
singly or in combination, when he or she | 21 | | finds that a licensee is guilty of any
offense described in | 22 | | Section 75:
| 23 | | (1) revocation;
| 24 | | (2) suspension for any period of time;
| 25 | | (3) reprimand or censure;
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| 1 | | (4) placement on probationary status and the | 2 | | requirement of the submission
of any of the following:
| 3 | | (i) report regularly to the Board or State Fire | 4 | | Marshal upon matters
that
are
the basis of the | 5 | | probation;
| 6 | | (ii) continuation or renewal of professional | 7 | | education until a
satisfactory degree
of skill has been | 8 | | attained in those areas that are the basis of the | 9 | | probation;
or
| 10 | | (iii) such other reasonable requirements or | 11 | | restrictions as are proper;
| 12 | | (5) refusal to issue, renew, or restore;
| 13 | | (6) revocation of probation that has been granted and | 14 | | imposition of any
other discipline
in this subsection (a) | 15 | | when the requirements of probation have not been
fulfilled | 16 | | or have been violated.
| 17 | | (b) The State Fire Marshal may summarily suspend a license | 18 | | under this Act,
without
a hearing, simultaneously with the | 19 | | filing of a formal complaint and notice
for a hearing provided | 20 | | under this Section if the State Fire Marshal finds that the
| 21 | | continued operations of the individual would constitute an | 22 | | immediate danger
to the public. In the event the State Fire | 23 | | Marshal suspends a license under this
subsection, a hearing by | 24 | | the hearing officer designated by the
State Fire Marshal shall | 25 | | begin within 20 days after such suspension begins, unless
| 26 | | continued at the request of the licensee.
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| 1 | | (c) Disposition may be made of any formal complaint by | 2 | | consent order between
the State Fire Marshal and the licensee, | 3 | | but the Board must be apprised of the
full
consent order in a | 4 | | timely way.
| 5 | | (d) The State Fire Marshal shall reinstate any license to | 6 | | good standing
under
this Act, upon recommendation to the State | 7 | | Fire Marshal, after a hearing before
the
hearing officer | 8 | | authorized by the State Fire Marshal.
The State Fire Marshal | 9 | | shall be satisfied that the applicant's renewed practice
is not | 10 | | contrary to the public interest.
| 11 | | (e) The State Fire Marshal may order a licensee to submit | 12 | | to a reasonable
physical examination if his or her physical | 13 | | capacity to practice safely is at
issue in a disciplinary | 14 | | proceeding.
Failure to comply with a State Fire Marshal order | 15 | | to submit to a
physical
examination shall render a licensee | 16 | | liable to the summary suspension
procedures described in this | 17 | | Section.
| 18 | | (f) The State Fire Marshal may conduct hearings and issue | 19 | | cease and desist
orders
to persons who engage in activities | 20 | | prohibited by this Act without having
a valid license, | 21 | | certificate, or registration. Any person in violation of
a | 22 | | cease and desist order entered by the State Fire Marshal shall | 23 | | be subject to
all
of the remedies provided by law, and in | 24 | | addition, shall be subject to a
civil penalty payable to the | 25 | | party injured by the violation.
| 26 | | (g) The State Fire Marshal shall seek to achieve |
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| 1 | | consistency in the
application
of the foregoing sanctions and | 2 | | consent orders and significant departure
from prior decisions | 3 | | involving similar conduct shall be explained in the
State Fire | 4 | | Marshal's orders.
| 5 | | Section 95. Witnesses; record of proceedings. | 6 | | (a) The State Fire Marshal has the power to subpoena and | 7 | | bring before
it any person in this State and to take testimony | 8 | | either orally or by
deposition,
or both, with the same fees and | 9 | | mileage and in the same manner as is prescribed
by law for | 10 | | judicial proceedings in civil cases. The State Fire Marshal and
| 11 | | the hearing officer approved by the State Fire Marshal have the | 12 | | power
to administer oaths at any hearing that the State Fire | 13 | | Marshal is authorized
to conduct.
| 14 | | (b) Any circuit court, upon the application of the licensee | 15 | | or the State
Fire Marshal,
may order the attendance of | 16 | | witnesses and the production of relevant
books and papers in | 17 | | any hearing under this Act.
The court may compel obedience to | 18 | | its order by proceedings for contempt.
| 19 | | (c) The State Fire Marshal, at its expense, shall provide a | 20 | | stenographer
or a mechanical recording device to
record the | 21 | | testimony and preserve a record of all proceedings at the | 22 | | hearing
of any case wherein a license may be revoked, | 23 | | suspended, or placed on probationary
status or other | 24 | | disciplinary action taken with regard to the license. The | 25 | | notice
of hearing, complaint, and all other documents in the |
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| 1 | | nature of pleadings
and written motions filed in the | 2 | | proceedings, the transcript of testimony,
the report of the | 3 | | hearing officer, and the orders of the State Fire Marshal
| 4 | | constitute the
record of such proceedings. The State Fire | 5 | | Marshal shall furnish a transcript
of
the record to any | 6 | | interested person upon payment of the costs of copying
and | 7 | | transmitting the record. | 8 | | Section 100. Judicial review. All final administrative | 9 | | decisions of the State
Fire Marshal are subject to
judicial | 10 | | review under the provisions of the Administrative Review
Law | 11 | | and the rules adopted under this Act. Such proceedings
for | 12 | | judicial review shall be commenced in the circuit court of the | 13 | | county
in which the party applying for review resides. If the | 14 | | party applying for
review is not
a resident of Illinois, the | 15 | | venue shall be in Sangamon County. The State Fire
Marshal
shall | 16 | | not be required to certify any record to the court or file any | 17 | | answer
in court or otherwise appear in any court in a judicial | 18 | | review proceeding,
unless there is filed in the court with the | 19 | | complaint a receipt from the
State Fire Marshal acknowledging | 20 | | payment of the costs of furnishing and
certifying
the record | 21 | | which costs shall be computed at the cost of preparing such | 22 | | record.
Exhibits shall be certified without cost. Failure on | 23 | | the part of the licensee
to file the receipt in court shall be | 24 | | grounds for dismissal of the action.
During all judicial | 25 | | proceedings incident to the disciplinary action, the
sanctions |
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| 1 | | imposed upon the accused by the State Fire Marshal shall remain | 2 | | in
effect,
unless the court feels justice requires a stay of | 3 | | the Order. | 4 | | Section 105. Order; prima facie proof. An order of | 5 | | revocation, suspension,
placing the license on probationary
| 6 | | status or other formal disciplinary action as the State Fire | 7 | | Marshal may deem
proper,
or a certified copy thereof, over the | 8 | | seal of the State Fire Marshal and
purporting
to be signed by | 9 | | the State Fire Marshal, is prima facie proof that:
| 10 | | (1) the signature is that of the State Fire Marshal;
| 11 | | (2) the State Fire Marshal is qualified to act; and
| 12 | | (3) the hearing officer is qualified to act on behalf of | 13 | | the State Fire
Marshal.
| 14 | | Such proof may be rebutted.
| 15 | | Section 110. Surrender of license. Upon the suspension or | 16 | | revocation of a
license issued under this Act,
a licensee shall | 17 | | surrender the license to the State Fire Marshal and, upon
| 18 | | failure
to do so, the State Fire Marshal shall seize the same. | 19 | | Section 115. Publication of records. The State Fire Marshal | 20 | | shall, upon
request,
publish
a list of the names and addresses | 21 | | of all licensees under the provisions
of this Act. The State | 22 | | Fire Marshal shall publish a list of all persons whose
licenses
| 23 | | have been disciplined within one year, and a quarterly list of |
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| 1 | | each individual
who was denied employment status because of a | 2 | | criminal history, together
with such other information as it | 3 | | may deem of interest to the public. | 4 | | Section 120. Criminal penalties. | 5 | | (a) Any person who violates any of the following provisions
| 6 | | shall be guilty of a Class A misdemeanor for the first offense:
| 7 | | (1) the practice of or attempted practice as a fire | 8 | | equipment
distributor or employee without a license;
| 9 | | (2) the obtaining of or the attempting to obtain a | 10 | | license, practice, or
business or any other thing of value | 11 | | by fraudulent representation;
| 12 | | (3) permitting, directing, or authorizing any person | 13 | | in one's employ or
under one's direction or supervision to | 14 | | work or serve as a licensee if that
individual does not | 15 | | possess an appropriate valid license.
| 16 | | (b) Whenever any person is punished as a repeat offender | 17 | | under this Section,
the State Fire Marshal may proceed to | 18 | | obtain a permanent injunction against
the person
under Section | 19 | | 10.
| 20 | | (c) If any person in making an oath or affidavit required | 21 | | by this Act swears
falsely, that person is guilty of perjury | 22 | | and upon conviction thereof, may
be punished accordingly.
| 23 | | (d) A person who violates any Section of this Act other | 24 | | than this Section
shall be guilty of a Class A misdemeanor for | 25 | | the first offense.
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| 1 | | A second or subsequent offense in violation of any Section | 2 | | of this Act,
including this Section, is a Class 4 felony. | 3 | | Section 900. The Regulatory Sunset Act is amended by | 4 | | changing Section 4.23 as follows:
| 5 | | (5 ILCS 80/4.23)
| 6 | | Sec. 4.23. Acts and Sections repealed on January 1,
2013. | 7 | | The following Acts and Sections of Acts are
repealed on January | 8 | | 1, 2013:
| 9 | | The Dietetic and Nutrition Services Practice Act.
| 10 | | The Elevator Safety and Regulation Act.
| 11 | | The Fire Equipment Distributor and Employee Regulation Act | 12 | | of 2011. | 13 | | The Funeral Directors and Embalmers Licensing Code.
| 14 | | The Naprapathic Practice Act.
| 15 | | The Professional Counselor and Clinical Professional | 16 | | Counselor
Licensing Act.
| 17 | | The Wholesale Drug Distribution Licensing Act.
| 18 | | Section 2.5 of the Illinois Plumbing License Law.
| 19 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 20 | | Section 999. Effective date. This Act takes effect upon | 21 | | becoming law.
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