Full Text of HB5071 95th General Assembly
HB5071eng 95TH GENERAL ASSEMBLY
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HB5071 Engrossed |
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LRB095 16416 RAS 42441 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 Funeral Directors and Embalmers Licensing | 5 |
| Code is amended by changing Section 15-15 as follows:
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| (225 ILCS 41/15-15)
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| (Section scheduled to be repealed on January 1, 2013)
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| Sec. 15-15. Complaints; investigations; hearings ; summary | 9 |
| suspension of license . The Department shall
conduct regular | 10 |
| inspections of all funeral establishments to determine
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| compliance with the provisions of this Code. The Department may | 12 |
| upon its own
motion and shall upon the verified complaint in | 13 |
| writing of any person setting
forth facts that if proved would | 14 |
| constitute grounds for refusal, suspension,
revocation, or | 15 |
| other disciplinary action investigate the action of any person
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| holding or claiming to hold a license under this Code. The | 17 |
| Department shall
report to the Board, on at least a quarterly | 18 |
| basis, the status or disposition
of all complaints against, and | 19 |
| investigations of, license holders. The
Department shall, | 20 |
| before refusing to issue or renew, suspending, revoking, or
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| taking any other disciplinary action with respect to any | 22 |
| license and at least
30 days before the date set for the | 23 |
| hearing, notify in writing the licensee
of any charges made and |
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LRB095 16416 RAS 42441 b |
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| shall direct that person to file a written answer to
the Board | 2 |
| under oath within 20 days after the service of the notice and | 3 |
| inform
that person that failure to file an answer may result in | 4 |
| default being taken
and the person's license or certificate may | 5 |
| be suspended, revoked, placed on
probationary status, or other | 6 |
| disciplinary action may be taken, including
limiting the scope, | 7 |
| nature or extent of practice, as the Secretary
Director may | 8 |
| deem
proper. The Department shall afford the licensee an | 9 |
| opportunity to be heard in
person or by counsel in reference to | 10 |
| the charges. Written notice may be served
by personal delivery | 11 |
| to the licensee or by mailing it by registered mail to the
last | 12 |
| known business address of licensee. In case the person fails to | 13 |
| file an
answer after receiving notice, his or her license or | 14 |
| certificate may, in the
discretion of the Department, be | 15 |
| suspended, revoked, or placed on probationary
status, or the | 16 |
| Department may take whatever disciplinary action deemed | 17 |
| proper,
including limiting the scope, nature, or extent of the | 18 |
| person's practice or the
imposition of a fine, without a | 19 |
| hearing, if the act or acts charged constitute
sufficient | 20 |
| grounds for such action under this Act. The hearing on the | 21 |
| charges
shall be at a time and place as the Department shall | 22 |
| prescribe. The Department
may appoint a hearing officer to | 23 |
| conduct the hearing. The Department shall
notify the Board of | 24 |
| the time and place of the hearing and Board members
shall be | 25 |
| allowed to sit at the hearing. The Department has the power
to | 26 |
| subpoena and bring before it any person in this State, or take |
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| testimony
of any person by deposition, with the same fees and | 2 |
| mileage,
in the same manner as prescribed by law in judicial | 3 |
| proceedings in circuit
courts of this State in civil cases. If | 4 |
| the Department determines that
any licensee is guilty of a | 5 |
| violation of any of the provisions of this
Code, disciplinary | 6 |
| action shall be taken against the licensee.
The Department may | 7 |
| take disciplinary action without a formal hearing subject
to | 8 |
| Section 10-70 of the Illinois Administrative Procedure Act. | 9 |
| The Secretary may summarily suspend the license of any | 10 |
| person licensed under this Act without a hearing, | 11 |
| simultaneously with the institution of proceedings for a | 12 |
| hearing provided for in this Section, if the Secretary finds | 13 |
| that evidence in the possession of the Secretary indicates that | 14 |
| the continuation of practice by the licensee would constitute | 15 |
| an imminent danger to the public. In the event that the | 16 |
| Secretary summarily suspends the license of an individual | 17 |
| without a hearing, a hearing must be held within 30 days after | 18 |
| the suspension has occurred. Notwithstanding any other | 19 |
| rulemaking authority that may exist, neither the Governor nor | 20 |
| any agency or agency head under the jurisdiction of the | 21 |
| Governor has any authority to make or promulgate rules to | 22 |
| implement or enforce the provisions of this amendatory Act of | 23 |
| the 95th General Assembly. If, however, the Governor believes | 24 |
| that rules are necessary to implement or enforce the provisions | 25 |
| of this amendatory Act of the 95th General Assembly, the | 26 |
| Governor may suggest rules to the General Assembly by filing |
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| them with the Clerk of the House and the Secretary of the | 2 |
| Senate and by requesting that the General Assembly authorize | 3 |
| such rulemaking by law, enact those suggested rules into law, | 4 |
| or take any other appropriate action in the General Assembly's | 5 |
| discretion. Nothing contained in this amendatory Act of the | 6 |
| 95th General Assembly shall be interpreted to grant rulemaking | 7 |
| authority under any other Illinois statute where such authority | 8 |
| is not otherwise explicitly given. For the purposes of this | 9 |
| amendatory Act of the 95th General Assembly, "rules" is given | 10 |
| the meaning contained in Section 1-70 of the Illinois | 11 |
| Administrative Procedure Act, and "agency" and "agency head" | 12 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 13 |
| the Illinois Administrative Procedure Act to the extent that | 14 |
| such definitions apply to agencies or agency heads under the | 15 |
| jurisdiction of the Governor.
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| (Source: P.A. 87-966; 88-45 .)
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| Section 99. Effective date. This Act takes effect upon | 18 |
| becoming law.
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