(225 ILCS 203/10)
(Section scheduled to be repealed on January 1, 2027)
Sec. 10.
License; enforcement; failure to pay tax.
No person shall act as a boiler and pressure vessel repairer,
or advertise
or use any title implying that the person
is engaged in the practice or occupation of boiler and pressure vessel
repair,
unless licensed by the State Fire
Marshal under this Act.
No firm, association, or corporation shall act as an
agency licensed under this Act, or advertise
or use any title implying that it
is engaged in the practice of boiler and pressure vessel repair, unless
licensed by the State Fire Marshal under this Act.
However, an organization that performs welded
repairs
to its own equipment is not required to have a license if it is authorized by
the Board to perform those repairs.
The State Fire Marshal, in the name of the People, through the Attorney
General, the
State's Attorney of any county, any resident of the State, or any legal
entity within the State may apply for injunctive relief in any court to enjoin
any person who has not been issued a license or whose license
has been suspended, revoked, or not renewed, from practicing
a licensed activity. Upon filing a verified petition in
court, the court, if satisfied by affidavit, or otherwise, that the person
is or has been practicing in violation
of this Act, may enter a temporary restraining order
or preliminary injunction, without bond, enjoining
the defendant from further unlicensed activity. A copy of the verified
complaint shall be served upon the defendant and the proceedings are to
be conducted as in other civil cases.
The court may enter
a judgment permanently enjoining a defendant
from further unlicensed activity if it is established that the defendant
has been, or is practicing in violation of this Act.
In case of violation of any injunctive order or judgment entered under
this
Section the court may summarily try and punish the
offender for contempt of court. Injunctive proceedings are in
addition to all penalties and other remedies in this Act.
The State Fire Marshal may refuse to issue or may suspend the license
of any person who fails to file a return, or to pay the tax, penalty, or
interest shown in a filed return, or to pay any final assessment of tax,
penalty, or interest as required by any tax Act administered by the
Illinois Department of Revenue until such time as the requirements of
the tax Act are satisfied.
Nothing in this Act shall apply to boilers and pressure vessels regulated
under Section 2a or 2b of the Boiler and Pressure Vessel Safety Act.
(Source: P.A. 89-467, eff. 1-1-97.)
|
(225 ILCS 203/35)
(Section scheduled to be repealed on January 1, 2027)
Sec. 35.
Licensure requirements and fees.
Implementation of this
Section begins October 1, 1996. After July 31, 1997, no
person shall engage in any activity described in this Section without first
applying for and obtaining a license from the Office of
the State Fire Marshal. Applicants for a license must submit to the State
Fire Marshal office the following:
(1) Fees as established by the Board.
(2) Evidence of registration as an Illinois |
| corporation or evidence of compliance with the Assumed Business Name Act.
|
|
(3) Evidence of financial responsibility in a minimum
|
| amount of $300,000 through liability insurance, self-insurance, group insurance, group self-insurance, or risk retention groups.
|
|
(4) Evidence of compliance with the qualifications
|
| and standards established by the Board.
|
|
All fees paid to the Office of the State Fire Marshal under this Act shall be
deposited into the Fire Prevention Fund.
(Source: P.A. 89-467, eff. 1-1-97.)
|
(225 ILCS 203/65)
(Section scheduled to be repealed on January 1, 2027)
Sec. 65.
Grounds for discipline.
Licensees subject to this Act shall conduct their
practice in accordance with this Act and the rules promulgated
thereunder. Licensees are subject to
disciplinary sanctions enumerated in this Act if the State Fire Marshal finds
that a licensee is guilty of any of the following:
(1) Fraud or material deception in obtaining or |
|
(2) Professional incompetence as manifested by poor
|
|
(3) Engaging in dishonorable, unethical, or
|
| unprofessional conduct of a character likely to deceive, defraud, or harm the public in the course of professional services or activities.
|
|
(4) Conviction of any crime by a licensee that has a
|
| substantial relationship to his or her practice or an essential element of which is misstatement, fraud, dishonesty, or conviction in this or another state of any crime that is a felony under the laws of Illinois or conviction of a felony in a federal court, unless such licensee demonstrates that he or she has been sufficiently rehabilitated to warrant the public trust.
|
|
(5) Performing any service in a grossly negligent
|
| manner or permitting any licensed employee to perform a service in a grossly negligent manner, regardless of whether actual damage or damages to the public is established.
|
|
(6) Habitual drunkenness or habitual addiction to the
|
| use of morphine, cocaine, controlled substances, or other habit-forming drugs.
|
|
(7) Directly or indirectly willfully receiving
|
| compensation for any professional service not actually rendered.
|
|
(8) Having disciplinary action taken against his or
|
| her license in another state.
|
|
(9) Making differential treatment against any person
|
| to his or her detriment because of race, color, creed, sex, religion, or national origin.
|
|
(10) Engaging in unprofessional conduct.
(11) Engaging in false or misleading advertising.
(12) Contracting or assisting an unlicensed person to
|
| perform services for which a license is required under this Act.
|
|
(13) Permitting the use of his or her license to
|
| enable an unlicensed person or agency to operate as a licensee.
|
|
(14) Performing and charging for a service without
|
| having the authorization to do so from the member of the public being serviced.
|
|
(15) Failure to comply with any provision of this Act
|
| or the rules promulgated pursuant thereto.
|
|
(16) Conducting business regulated by this Act
|
| without a currently valid license.
|
|
(Source: P.A. 89-467, eff. 1-1-97.)
|
(225 ILCS 203/75)
(Section scheduled to be repealed on January 1, 2027)
Sec. 75.
Formal charges; hearing.
(a) Following the investigative process, the State Fire Marshal may
file formal charges against a licensee. Formal charges shall, at
a minimum, inform the licensee of specific facts that are the basis of the
charge to enable the licensee to defend himself or herself.
(b) Each licensee whose conduct is the subject of a formal charge that
seeks to impose disciplinary action against the licensee shall be served
notice of the formal charge at least 30 days before the date of the hearing.
The hearing shall be presided over by the Board or a hearing officer
authorized by the Board in compliance with the Illinois Administrative
Procedure Act. Service shall be considered to have been
given if the notice was personally received by the licensee or if the notice
was mailed certified, return requested to the licensee at the licensee's
last known address as listed with the State Fire Marshal.
(c) The notice of a formal charge shall consist, at a minimum, of the
following
information:
(1) The time, place, and date of the hearing.
(2) A statement that the licensee shall appear |
| personally at the hearing and may be represented by counsel.
|
|
(3) A statement that the licensee has the right to
|
| produce witnesses and evidence in his or her behalf and the right to cross-examine witnesses and evidence produced against him or her.
|
|
(4) A statement that the hearing can result in
|
| disciplinary action being taken against his or her license.
|
|
(5) A statement that rules for the conduct of these
|
| hearings exist and it may be in his or her best interest to obtain a copy.
|
|
(6) A statement that the hearing officer authorized
|
| by the Board shall preside at the hearing and following the conclusion of the hearing shall make findings of fact, conclusions of law, and recommendations, separately stated, to the Board as to what disciplinary action, if any, should be imposed on the licensee.
|
|
(7) A statement that the Board may continue such
|
|
(d) The Board or the hearing officer authorized by the Board shall
hear evidence produced in support of the formal charges and contrary evidence
produced by the licensee, if any. If the hearing is conducted by a
hearing officer, at the conclusion of the hearing, the hearing officer shall
make findings of fact, conclusions of law, and recommendations, separately
stated, and submit them to the Board and to all parties to the proceeding.
Submission to the licensee shall be considered as having
been made if done in a similar fashion as service of the notice of formal
charges. Within 20 days after such service, any party to the proceeding
may present to the Board a motion, in writing, for a rehearing. The written
motion shall specify the particular grounds for the rehearing.
(e) The Board, following the time allowed for filing a motion
for rehearing,
shall review the hearing officer's findings of fact, conclusions of law,
and recommendations,
and any motions filed subsequent thereto. After review of the information
the Board may hear oral arguments and thereafter shall issue such
order.
The report of findings of fact, conclusions of law, and recommendations of
the hearing officer shall be the basis for the Board's order.
If the Board
finds that substantial justice was not done, it may issue an order in
contravention
thereof.
(f) All proceedings pursuant to this Section are matters of public record
and shall be preserved.
(Source: P.A. 89-467, eff. 1-1-97.)
|
(225 ILCS 203/80)
(Section scheduled to be repealed on January 1, 2027)
Sec. 80.
Sanctions.
(a) The Board shall impose any of the following sanctions,
singularly or in combination when it finds that a licensee is guilty of any
offense described in this Act:
(1) revocation;
(2) suspension for any period of time;
(3) reprimand or censure;
(4) place on probationary status and require the |
| submission of any of the following:
|
|
(i) report regularly to the Board or State Fire
|
| Marshal upon matters which are the basis of the probation;
|
|
(ii) continue or renew professional education
|
| until a satisfactory degree of skill has been attained in those areas which are the basis of the probation; or
|
|
(iii) such other reasonable requirements or
|
| restrictions as are proper.
|
|
(5) refuse to issue, renew, or restore; or
(6) revoke probation which has been granted and
|
| impose any other discipline in this subsection (a) when the requirements of probation have not been fulfilled or have been violated.
|
|
(b) The State Fire Marshal may summarily suspend a license under this Act,
without
a hearing, simultaneously with the filing of a formal complaint and notice
for a hearing provided under this Section if the State Fire Marshal finds that
the continued operations of the individual would constitute an immediate danger
to the public. In the event the State Fire Marshal suspends a license under
this subsection, a hearing by the hearing officer designated by the State Fire
Marshal shall begin within 20 days after the suspension begins, unless
continued at the request of the licensee.
(c) Disposition may be made of any formal complaint by consent order between
the State Fire Marshal and the licensee, but the Board must be apprised of the
full
consent order in a timely way.
(d) The Board shall reinstate any license to good standing under
this Act, upon recommendation to the Board, after a hearing before
the
hearing officer authorized by the Board.
The Board shall be satisfied that the applicant's renewed practice
is not contrary to the public interest.
(e) The Board may conduct hearings and issue cease and desist orders
to persons who engage in activities prohibited by this Act without having
a valid license, certificate, or registration. Any person in violation of
a cease and desist order entered by the Board shall be subject to all
of the remedies provided by law, and in addition, shall be subject to a
civil penalty payable to the party injured by the violation.
(f) The Board shall seek to achieve consistency in the application
of the foregoing sanctions and consent orders and significant departure
from prior decisions involving similar conduct shall be explained in the
Board's orders.
(Source: P.A. 89-467, eff. 1-1-97.)
|
(225 ILCS 203/85)
(Section scheduled to be repealed on January 1, 2027)
Sec. 85.
Subpoena, production of evidence; records; administrative
review;
license suspension; revocation.
(a) The Board has the power to subpoena and bring before
it any person in this State and to take testimony either orally or by
deposition,
or both, with the same fees and mileage and in the same manner as is prescribed
by law for judicial proceedings in civil cases. The State Fire Marshal, the
Board, and the hearing officer approved by the Board, have the power
to administer oaths at any hearing which the Board is authorized
to conduct.
(b) Any circuit court, upon the application of the licensee, the Board, or
the State Fire Marshal,
may order the attendance of witnesses and the production of relevant
books and papers in any hearing pursuant to this Act.
The court may compel obedience to its order by proceedings for contempt.
(c) The Office of the State Fire Marshal, at its expense, shall provide a
stenographer or a mechanical recording device to
record the testimony and preserve a record of all proceedings at the hearing
of any case wherein a license may be revoked, suspended, placed on probationary
status, or other disciplinary action taken with regard thereto. The notice
of hearing, complaint, and all other documents in the nature of pleadings
and written motions filed in the proceedings, the transcript of testimony,
the report of the hearing officer and the orders of the State Fire Marshal
constitute the
record of the proceedings. The State Fire Marshal shall furnish a transcript
of
the record to any interested person upon payment of the costs of copying
and transmitting the record.
(d) All final administrative decisions of the Board are subject to
judicial review pursuant to the provisions of the Administrative Review
Law and the rules adopted pursuant thereto. Proceedings
for judicial review shall be commenced in the circuit court of the county
in which the party applying for review resides; but if the party is not
a resident of Illinois, the venue shall be in Sangamon County. The State Fire
Marshal
shall not be required to certify any record to the court or file any answer
in court or otherwise appear in any court in a judicial review proceeding,
unless there is filed in the court with the complaint a receipt from the
State Fire Marshal acknowledging payment of the costs of furnishing and
certifying
the record which costs shall be computed at the cost of preparing such record.
Exhibits shall be certified without cost. Failure on the part of the licensee
to file such receipt in court shall be grounds for dismissal of the action.
During all judicial proceedings incident to a disciplinary action, the
sanctions imposed upon the accused by the Board shall remain in effect,
unless the court feels justice requires a stay of the order.
(e) An order of revocation, suspension, placing the license on probationary
status, or other formal disciplinary action as the State Fire Marshal may
consider proper, or a certified copy thereof, over the seal of the State Fire
Marshal and purporting to be signed by the State Fire Marshal, is prima facie
proof that:
(1) the signature is that of the State Fire Marshal;
(2) the State Fire Marshal and the Board are |
|
(3) the hearing officer is qualified to act on behalf
|
| of the Board. Such proof may be rebutted.
|
|
(f) Upon the suspension or revocation of a license issued under this Act,
a licensee shall surrender the license to the State Fire Marshal and upon
failure
to do so, the State Fire Marshal shall seize the same.
(g) The State Fire Marshal shall, upon request,
publish
a list of the names and addresses of all licensees under the provisions
of this Act. The State Fire Marshal shall publish a list of all persons whose
licenses
have been disciplined within the past year,
together
with such other information as it may consider of interest to the public.
(Source: P.A. 89-467, eff. 1-1-97.)
|
(225 ILCS 203/90)
(Section scheduled to be repealed on January 1, 2027)
Sec. 90. Penalties. Any natural person who violates any of the following provisions
shall be guilty of a Class A misdemeanor for the first offense and a
corporation or other business entity that violates any of the following
provision commits a business
offense punishable by a fine of up to $1,000:
(1) Practicing or attempting to practice as a boiler |
| and pressure vessel repairer without a license;
|
|
(2) Obtaining or attempting to obtain a license,
|
| practice or business, or any other thing of value by fraudulent representation;
|
|
(3) Permitting, directing, or authorizing any person
|
| in one's employ or under one's direction or supervision to work or serve as a licensee if that individual does not possess an appropriate valid license.
|
|
Whenever any person is punished as a repeat offender under this Section,
the State Fire Marshal or the Board may proceed to obtain a permanent
injunction against the person
under Section 10.
If any person in making any oath or affidavit required by this Act swears
falsely, such person is guilty of perjury and upon conviction thereof may
be punished accordingly.
A natural person who violates any Section of this Act other than this Section
shall be guilty of a Class A misdemeanor for the first offense, and a
corporation or other business entity that violates any Section of this Act
commits a business offense
punishable by a fine of up to $1,000 for the first offense.
Second or subsequent offenses in violation of any Section of this Act,
including this Section, are Class 4 felonies if committed by a natural person,
or a business offense punishable by a fine of up to $5,000 if committed by
a corporation or other business entity.
(Source: P.A. 100-863, eff. 8-14-18.)
|