Illinois General Assembly - Illinois Compiled Statutes

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225 ILCS 330/25

(225 ILCS 330/25) (from Ch. 111, par. 3275)

(Section scheduled to be repealed on January 1, 2030)

Sec. 25. Professional design firm registration.

(a) Nothing in this Act shall prohibit the formation, under the provisions
of the Professional Service Corporation Act, of a corporation to
offer the practice of professional land surveying.

Any business, including a professional service corporation, that includes
within its stated purposes or practices, or holds itself out as available to
practice, professional land surveying shall be registered with the Department
pursuant to the provisions set forth in this Section.

Any sole proprietorship not owned and operated by an Illinois licensed design
professional licensed under this Act shall be prohibited from offering
professional land surveyor services to the public.  Any sole proprietorship
owned and operated by a professional land surveyor with an active license
issued under this Act and conducting or transacting such business under an
assumed name in accordance with the provisions of the Assumed Business Name
Act shall comply with the registration requirements of a professional design
firm.  Any sole proprietorship owned and operated by a professional land surveyor with an active license issued under this Act and conducting or
transacting such business under the real name of the sole proprietor is exempt
from the registration requirements of a professional design firm.  "Illinois
licensed design professional" means a person who holds an active license as a
professional engineer under the
Professional Engineering Practice Act of 1989, as an architect under the
Illinois Architecture Practice Act of 1989, as a structural engineer under the
Structural Engineering Practice Act of 1989, or as a professional land surveyor 
under this Act.

(b) Any professional design firm seeking to be registered pursuant to the
provisions of this Section shall not be registered unless one or more managing
agents in charge of land surveyor activities in this State are designated by
the professional design firm.  Each managing agent must at all times maintain a
valid, active license to practice professional land surveying in Illinois.

No individual whose license to practice professional land surveying in this
State is currently in a suspended or revoked state shall act as a managing
agent for a professional design firm.

(c) Any business seeking to be registered under this Section shall make
application on a form provided by the Department and shall provide such
information as requested by the Department, which shall include, but not be
limited to:

(1) the name and license number of the person

designated as the managing agent in responsible charge of the practice of professional land surveying in Illinois.  In the case of a corporation, the corporation shall also submit a certified copy of the resolution by the board of directors designating the managing agent.  In the case of a limited liability company, the company shall submit a certified copy of either its articles of organization or operating agreement designating the managing agent;

(2) the names and license numbers of the directors,

in the case of a corporation, the members, in the case of a limited liability company, or general partners, in the case of a partnership;

(3) a list of all office locations at which the

professional design firm provides professional land surveying services to the public; and

(4) a list of all assumed names of the business.

 Nothing in this Section shall be construed to exempt a professional design firm, sole proprietorship, or professional service corporation from compliance with the requirements of the Assumed Business Name Act.

It is the responsibility of the professional design firm to provide the
Department notice, in writing, of any changes in the information requested on
the application.

(d) The Department shall issue to each business a certificate of
registration to practice professional land surveying or offer the services of
its licensees in this State upon submittal of a proper application for
registration and payment of fees.  The expiration date and renewal period for
each registration and renewal procedures shall be established by rule.

(e) In the event a managing agent is terminated or terminates his or her
status as
managing agent of the professional design firm, the managing agent and the
 professional design firm shall notify the Department of this fact in writing,
by regular mail or email, within 10 business days of such termination.  Thereafter,
the professional design firm, if it has so informed the Department, shall have
30 days in which to notify the Department of the name and licensure number of
a newly designated managing agent.  If a corporation, the corporation shall
also submit a certified copy of a resolution by the board of directors
designating the new managing agent.  If a limited liability company, the
company shall also submit a certified copy of either its articles of
organization or operating agreement designating the new managing agent.  The
Department may, upon good cause shown, extend the original 30-day period.

If the professional design firm has not notified the Department in writing,
by regular mail or email within the specified time, the registration shall be
terminated without prior hearing.  Notification of termination shall be sent by regular
 mail or email to the address of record of the business.  If the professional
design firm continues to operate and offer professional land surveyor services
after the termination, the Department may seek prosecution under Sections 16 and 27 of this Act for the unlicensed practice of professional land
surveying.

No professional design firm shall be relieved of responsibility for the
conduct or acts of its agent, employees, members, managers, or officers by
reason
of its compliance with this Section, nor shall any individual practicing
professional land surveying be relieved of the responsibility for professional
services performed by reason of the individual's employment or relationship
with a professional design firm registered under this Section.

(g) Disciplinary action against a professional design firm registered under
this Section shall be administered in the same manner and on the same grounds
as
disciplinary action against a licensed professional land surveyor.  All
disciplinary action taken or pending against a corporation or partnership
before the effective date of this amendatory Act of 1999 shall be continued or
remain in effect without the Department filing separate actions.

(h) Any professional services corporation, sole proprietorship,
or
professional design firm offering land surveying
services
must have a
resident professional land surveyor whose license is not suspended or revoked overseeing the land surveying practices in each location
in which land surveying services are provided.

(Source: P.A. 101-313, eff. 8-9-19.)