(225 ILCS 235/1) (from Ch. 111 1/2, par. 2201)
(Section scheduled to be repealed on December 31, 2029)
Sec. 1. Short title). This Act shall be known and may be cited as the
"Structural Pest Control Act".
(Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/2) (from Ch. 111 1/2, par. 2202)
(Section scheduled to be repealed on December 31, 2029)
Sec. 2. Legislative intent. It is declared that there exists and
may in the future exist within the State of Illinois
locations where pesticides are received, stored,
formulated or prepared and subsequently used for the control
of structural pests, and improper selection, formulation and
application of pesticides may
adversely affect the public health and general welfare.
It is further established that the use of certain pesticides is
restricted or may in the future be restricted to use only by or
under the supervision of persons certified in accordance with this Act.
It is recognized that pests can best be controlled through an integrated
pest management program that combines preventive techniques, nonchemical
pest control methods, and the appropriate use of pesticides with preference
for products that are the least harmful to human health and the
environment. Integrated pest management is a good practice in the
management of pest populations,
and it is prudent to employ pest control strategies that are the least
hazardous to human health and the environment.
Therefore, the purpose of this Act is to protect, promote and
preserve the public health and general welfare by providing for the
establishment of minimum standards for selection, formulation and
application of restricted pesticides and to provide for the
licensure of commercial structural pest control businesses,
the registration of persons who own or operate non-commercial
structural pest control locations where restricted pesticides
are used, and the certification of pest control technicians.
It is also the purpose of this Act to reduce economic, health, and
environmental risks by promoting the use of integrated
pest management for structural pest control in schools and day care centers,
by making
guidelines on integrated pest management available to schools and day care
centers.
(Source: P.A. 93-381, eff. 7-1-04; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/3) (from Ch. 111 1/2, par. 2203)
(Section scheduled to be repealed on December 31, 2029)
Sec. 3. Definitions. As used in this Act, unless the context
otherwise requires, the terms specified in Sections 3.01 through 3.27
have the meanings ascribed to them in those Sections.
(Source: P.A. 93-381, eff. 7-1-04; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/3.01) (from Ch. 111 1/2, par. 2203.01)
(Section scheduled to be repealed on December 31, 2029)
Sec. 3.01. "Department" means the Department of Public Health. (Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/3.02) (from Ch. 111 1/2, par. 2203.02)
(Section scheduled to be repealed on December 31, 2029)
Sec. 3.02. "Director" means the Director of Public Health. (Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/3.03) (from Ch. 111 1/2, par. 2203.03)
(Section scheduled to be repealed on December 31, 2029)
Sec. 3.03. "Person" means any individual, group of individuals,
association, trust, partnership, corporation, person doing business
under an assumed name, the State of Illinois, or department thereof,
any other state-owned and operated institution, public school, licensed day care center, or any other entity.
(Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08; 96-1362, eff. 7-28-10.)
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(225 ILCS 235/3.04) (from Ch. 111 1/2, par. 2203.04)
(Section scheduled to be repealed on December 31, 2029)
Sec. 3.04. "Commercial structural pest control business
location" means any location at or from which any person
advertises or contracts to perform structural pest control
services for hire or where a person is
engaged or employed by that business to perform the services,
store materials, keep records, or perform other pertinent
activities, for the purpose of operating a structural pest
control business at that business location, but does not
include locations which exist solely for the purpose of
accepting telephone calls and messages on behalf of the licensee.
(Source: P.A. 83-825; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/3.05) (from Ch. 111 1/2, par. 2203.05)
(Section scheduled to be repealed on December 31, 2029)
Sec. 3.05. "Licensee" means a person licensed in accordance with this Act. (Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/3.06) (from Ch. 111 1/2, par. 2203.06)
(Section scheduled to be repealed on December 31, 2029)
Sec. 3.06. "Certified technician" means an individual who has met the
qualifications set forth under Section 5 of this Act.
(Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/3.07) (from Ch. 111 1/2, par. 2203.07)
(Section scheduled to be repealed on December 31, 2029)
Sec. 3.07. "Pests" include arthropods (insects, spiders, mites, ticks
and related pests), wood infesting organisms, rats, mice, nuisance birds
and any other obnoxious or undesirable animals in, on or under
structures, but does not include bacteria or other micro-organisms on or
in living man or other living animals.
(Source: P.A. 84-362; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/3.08) (from Ch. 111 1/2, par. 2203.08)
(Section scheduled to be repealed on December 31, 2029)
Sec. 3.08. "Structure" means any edifice, building or other
constructed entity including the contents
therein, any patio or terrace connected thereto and the land on which it is situated,
and including any portion of land within the given proprietorship which
might constitute a potential harborage for pests which could affect the
edifice or building or its contents, any portion of land upon which work
has begun for the erection of an edifice, any vehicle used as a common carrier,
any dock, wharf, railroad siding or refuse area.
(Source: P.A. 85-227; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/3.09) (from Ch. 111 1/2, par. 2203.09)
(Section scheduled to be repealed on December 31, 2029)
Sec. 3.09. "Structural pest control" means and includes the
use of any device or the application of any substance to prevent,
repel, mitigate, curb, control, or eradicate any structural pest in, on, under, or around a
structure, or within a part of, or materials used in building, a structure;
the use of any pesticide, including insecticides, fungicides and other
wood treatment products, attractants, repellents, rodenticides, fumigants,
or mechanical devices for preventing, controlling, eradicating, identifying,
mitigating, diminishing, or curbing insects, vermin, rats, mice, or other pests in,
on, under, or around a structure, or within a part of, or materials used in
building, a structure; vault
fumigation and fumigation of box cars, trucks, ships,
airplanes, docks, warehouses, and common carriers or soliciting to perform
any of the foregoing functions. Notwithstanding any other law, an applicator who is licensed or certified under the Illinois Pesticide Act may not engage in structural pest control as defined in this Act unless the applicator is also licensed and certified under this Act.
(Source: P.A. 85-227; reenacted by P.A. 95-786, eff. 8-7-08; 96-1362, eff. 7-28-10.)
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(225 ILCS 235/3.11) (from Ch. 111 1/2, par. 2203.11)
(Section scheduled to be repealed on December 31, 2029)
Sec. 3.11. "Commercial structural pest control business" means any
business in the course of which any person performs, advertises, or contracts to
perform structural pest control services on property under the ownership
or control of another.
(Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08; 96-1362, eff. 7-28-10.)
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(225 ILCS 235/3.12) (from Ch. 111 1/2, par. 2203.12)
(Section scheduled to be repealed on December 31, 2029)
Sec. 3.12. "Non-commercial structural pest control" means
structural pest control performed by a person who is not,
and is not employed by, a commercial structural pest control business.
(Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/3.13) (from Ch. 111 1/2, par. 2203.13)
(Section scheduled to be repealed on December 31, 2029)
Sec. 3.13. "Non-commercial structural pest control
location" means any location from which a person, who is
not engaged in commercial structural pest control, performs
structural pest control activities which are confined to
structures directly associated with the activity, business,
product or service of such person.
(Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/3.14) (from Ch. 111 1/2, par. 2203.14)
(Section scheduled to be repealed on December 31, 2029)
Sec. 3.14. "Restricted pesticide" means any substance or
mixture of substances intended for preventing, destroying,
repelling, or mitigating any pest, the use of which has been
categorized as restricted under subparagraph (C) of paragraph
(1) of subsection (d) of Section 3 of the Federal
Insecticide, Fungicide, and Rodenticide Act as amended or under
the Illinois Pesticide Act.
(Source: P.A. 100-201, eff. 8-18-17.)
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(225 ILCS 235/3.15) (from Ch. 111 1/2, par. 2203.15)
(Section scheduled to be repealed on December 31, 2029)
Sec. 3.15. "Registrant" means a person registered in
accordance with the provisions of this Act.
(Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/3.16) (from Ch. 111 1/2, par. 2203.16)
(Section scheduled to be repealed on December 31, 2029)
Sec. 3.16. "Supervision" means the direction and management
by certified personnel of the activities of non-certified
personnel in use and storage of general use or restricted pesticides.
(Source: P.A. 83-1452; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/3.17) (from Ch. 111 1/2, par. 2203.17)
(Section scheduled to be repealed on December 31, 2029)
Sec. 3.17. "Sub-category" means a specific area of pest
control in which a pest control technician may be separately
certified as specified by this Act or by rule promulgated thereunder.
(Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/3.18) (from Ch. 111 1/2, par. 2203.18)
(Section scheduled to be repealed on December 31, 2029)
Sec. 3.18. "Planned use inspection" means an inspection of a certified
or non-certified technician to observe the procedures for preparation,
application, and disposal of pesticides to ensure that they are performed in
accordance with this Act, the Illinois Pesticide Act, the
Environmental Protection Act, the rules and regulations of
the Illinois Pollution Control Board, and other applicable State law.
(Source: P.A. 101-81, eff. 7-12-19.)
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(225 ILCS 235/3.19) (from Ch. 111 1/2, par. 2203.19)
(Section scheduled to be repealed on December 31, 2029)
Sec. 3.19. "Label" means the written, printed or graphic matter on or
attached to the pesticide or device or any of its containers or wrappings.
(Source: P.A. 83-825; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/3.20) (from Ch. 111 1/2, par. 2203.20)
(Section scheduled to be repealed on December 31, 2029)
Sec. 3.20. "Labeling" means the label and all other written, printed
or graphic matters: (a) on the pesticide or device or any of its containers
or wrappings, (b) accompanying the pesticide or device or referring to it
in any other media used to disseminate information to the public, (c) to
which reference is made to the pesticide or device except when references
are made to current official publications of the U. S. Environmental Protection
Agency, Departments of Agriculture, Health and Human Services or other federal
Government institutions, the State experiment station or colleges of agriculture
or other similar state institutions authorized to conduct research in the
field of pesticides.
(Source: P.A. 83-825; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/3.21) (from Ch. 111 1/2, par. 2203.21)
(Section scheduled to be repealed on December 31, 2029)
Sec. 3.21. "FIFRA" means the "Federal Insecticide, Fungicide and Rodenticide Act". (Source: P.A. 83-825; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/3.22) (from Ch. 111 1/2, par. 2203.22)
(Section scheduled to be repealed on December 31, 2029)
Sec. 3.22. "General use pesticide" means any substance or mixture of
substances intended for preventing, destroying, repelling or mitigating
any pest, as defined in Section 3.07 of this Act, the use of which has
been categorized as general under subparagraph
(B) of paragraph (1) of subsection (d) of Section
3 of FIFRA.
(Source: P.A. 83-1452; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/3.23) (from Ch. 111 1/2, par. 2203.23)
(Section scheduled to be repealed on December 31, 2029)
Sec. 3.23. "USEPA" means the United States Environmental Protection Agency. (Source: P.A. 83-825; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/3.24) (from Ch. 111 1/2, par. 2203.24)
(Section scheduled to be repealed on December 31, 2029)
Sec. 3.24. "Device" means any instrument or contrivance, other than
a firearm or equipment for application of pesticides when sold separately
from pesticides, which is intended for trapping, repelling, destroying,
or mitigating any pest, other than bacteria, virus, or other microorganisms
on or living in man or other living animals.
(Source: P.A. 83-825; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/3.25) (from Ch. 111 1/2, par. 2203.25)
(Section scheduled to be repealed on December 31, 2029)
Sec. 3.25. "Integrated pest management" is defined as a pest management
system that includes the following elements:
(a) identifying pests and their natural enemies;
(b) establishing an ongoing monitoring and | ||
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(c) determining the pest population levels that can | ||
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(d) the prevention of pest problems through improved | ||
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(e) reliance to the greatest extent possible on | ||
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(f) when necessary, the use of chemical pesticides, | ||
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(g) recordkeeping and reporting of pest populations, | ||
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(Source: P.A. 87-1106; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/3.26)
(Section scheduled to be repealed on December 31, 2029)
Sec. 3.26. "School" means any structure used as a public school in this
State.
(Source: P.A. 91-525, eff. 8-1-00; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/3.27)
(Section scheduled to be repealed on December 31, 2029)
Sec. 3.27. "Day care center" means any structure used as a licensed day care
center in this State.
(Source: P.A. 93-381, eff. 7-1-04; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/4) (from Ch. 111 1/2, par. 2204)
(Section scheduled to be repealed on December 31, 2029)
Sec. 4. Licensing and registration location requirements. (a) It shall be unlawful for any person
to engage in a commercial structural pest control business at any location
in this State, or within Illinois from any location outside of this State, unless such person is licensed by
the Department. A person shall have a separate license for each commercial
structural pest control business location.
The licensee may use its state identification number in all forms of advertising.
(b) It shall be unlawful for any person who owns or operates a non-commercial
structural pest control location to engage in non-commercial structural
pest control using restricted pesticides in this State unless registered as a non-commercial structural pest control location by the Department.
(c) No person shall be licensed or registered as a commercial
or non-commercial structural pest control business at any
location without complying with the certification requirements as prescribed
in Section 5 of this Act.
(d) If a licensee or registrant changes its location of operation during
the year of issuance, the Department shall be notified in writing of the
new location within 15 days. The license or registration shall accompany the notification along with the fee as prescribed in Section 9 of this Act,
and, upon receipt, a replacement will be issued by the Department.
(e) All licenses and registrations issued under this Act shall expire
on December 31 of the year issued, except that an original license or registration
issued after October 1 and before December 31 shall expire on December 31
of the following year. A license or registration may be renewed by filing with the Department a completed renewal application form as prescribed by rule, including payment of the fee as prescribed in Section 9 of this Act, and may be postmarked no later than the December 1 preceding the date of expiration. Applications received by the Department that are postmarked after December 1 up to and including December 31 shall be accompanied by the required late filing charge as prescribed in Section 9 of this Act. License or registration applications that are postmarked after December 31 will not be eligible for renewal.
(f) No license or registration shall be transferable from one person to another.
(g) No person shall be licensed as a commercial structural pest control business location without complying with the insurance requirements of Section 9 of this Act. (Source: P.A. 83-825; reenacted by P.A. 95-786, eff. 8-7-08; 96-1362, eff. 7-28-10.)
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(225 ILCS 235/5) (from Ch. 111 1/2, par. 2205)
(Section scheduled to be repealed on December 31, 2029)
Sec. 5. Certification requirements. No individual shall apply any
general use or restricted pesticide while engaged in commercial structural
pest control in this State unless the individual is engaged in or has completed the training requirements prescribed by the Department and is certified, or supervised by someone who
is certified, by the Department in accordance with this Section.
No individual shall apply any restricted pesticide while engaged in
non-commercial structural pest control in this State unless the individual is engaged in or has completed the training requirements prescribed by the Department and is certified or
supervised by someone who is certified in accordance
with this Section. In addition, any individual at any non-commercial
structural pest control location using general use pesticides shall comply
with the labeling requirements of the pesticides used at that location.
Each commercial structural pest control location shall be required to
employ at least one certified technician at each location. In addition,
each non-commercial structural pest control location utilizing restricted
pesticides shall be required to employ at least one certified technician at
each location. Individuals who are not certified technicians may work
under the supervision of a certified technician employed at the commercial
or non-commercial location who shall be responsible for their pest control
activities. Any technician providing supervision for the use of restricted
pesticides must be certified in the sub-category for which he is providing
supervision.
A. Any individual engaging in commercial structural pest control and
utilizing general use pesticides must:
1. be at least 18 years of age; 2. hold a high school diploma or State of Illinois | ||
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3. have filed an original application, paid the fee | ||
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B. Any individual engaging in commercial or non-commercial structural
pest control and supervising the use of restricted pesticides in any one of the
sub-categories in Section 7 of this Act must:
1. be at least 18 years of age; 2. hold a high school diploma or a State of Illinois | ||
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3. have:
a. six months of practical experience in | ||
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b. successfully completed a minimum of 16 | ||
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c. successfully completed a pest control course, | ||
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Each applicant shall have filed an original application and paid the
fee required for examination. Every applicant who successfully passes the
General Standards examination and at least one sub-category examination
shall be certified in each sub-category which he has successfully passed.
A certified technician who wishes to be certified in
sub-categories for which he has not been previously certified
may apply for any sub-category examination provided he meets the
requirements set forth in this Section, files an original application,
and pays the fee for examination.
An applicant who fails to pass the General Standards examination
or any sub-category examination may reapply for that examination, provided
that he files an application and pays the fee required for an original
examination. Re-examination applications shall be on forms prescribed
by the Department.
(Source: P.A. 102-1100, eff. 1-1-23.)
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(225 ILCS 235/5.01) (from Ch. 111 1/2, par. 2205.01)
(Section scheduled to be repealed on December 31, 2029)
Sec. 5.01. Reciprocity. (a) Upon payment of the required fee as prescribed in Section 9 of this Act, a person who is certified or licensed as a structural pest control technician by a state or the federal government may apply for reciprocal certification without examination by the Department in those sub-categories or areas for which the applicant holds certification or licensure by the state or the federal government. (b) In order to receive reciprocal certification under subsection (a) of this Section, the requirements for the certification or licensure by the state or the federal government must have been, at the date of the certification or licensure, substantially equivalent to the requirements then in force in this State, as determined by the Department.
(Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08; 96-1362, eff. 7-28-10.)
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(225 ILCS 235/5.02)
Sec. 5.02. (Repealed).
(Source: P.A. 95-786, eff. 8-7-08. Repealed by P.A. 96-1362, eff. 7-28-10.)
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(225 ILCS 235/6) (from Ch. 111 1/2, par. 2206)
(Section scheduled to be repealed on December 31, 2029)
Sec. 6. Renewal of technician certification. (a) A certified technician's
certificate shall be valid for a period of 3 years expiring on December 31 of the third year, except that an original certificate issued between October 1 and December 31 shall expire on December 31 of the third full calendar year following issuance. A certificate may be
renewed by application upon a form prescribed by the Department,
provided that the certified technician furnishes the following: (1) a renewal application filed with the Department | ||
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(2) evidence on file with the Department, of | ||
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(3) the required fee as prescribed in Section 9 of | ||
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Applications received by the Department postmarked after December 1 shall be accompanied by the required late filing charge as prescribed in Section 9 of this Act.
(b) Certified technician's certificates are not transferable from
one person to another person, and no licensee or registrant
shall use the certificate of a certified technician to secure
or hold a license or registration unless the holder of such
certificate is actively engaged in the direction of pest
control operations of the licensee or registrant.
(c) A certified technician who has not renewed his or her certificate for
a period of not more than one year after its
expiration may secure a renewal upon payment of the renewal fee and late filing charge
and the furnishing of evidence of training in accordance with item (2) of subsection (a) of this Section. If a technician has not renewed
his or her certificate for a period of more than one year after its
expiration, the technician shall file an original application for examination, pay
all required fees, which may include renewal, examination, and late filing charges, and successfully pass the examination before
his or her certificate is renewed. Any individual who fails to renew a certification by the date of expiration shall not perform any supervisory pest control activities until the requirements of this Section have been met and a certificate has been issued by the Department.
(Source: P.A. 100-716, eff. 8-3-18.)
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(225 ILCS 235/7) (from Ch. 111 1/2, par. 2207)
(Section scheduled to be repealed on December 31, 2029)
Sec. 7. Written examination required. The Department shall adopt rules for any examinations required for the proper administration of this Act, including any category or sub-category examination involving the use of general or restricted use pesticides and any examination which may be required under Category 7, Industrial, Institutional, Structural, and Health Related Pest Control, or Category 8, Public Health Pest Control (excluding Mosquito Pest Control), in the rules adopted by the Department of Agriculture in Section 250.120 of Title 8 of the Illinois Administrative Code. Applications for examination
shall be in the form prescribed by the Department,
accompanied by the required fee as prescribed in Section 9 of this Act, and received by the Department at least 15 days prior to an examination. The Department or its designee shall conduct
written examinations at least 4 times each year and may require a
practical demonstration by each applicant.
Written examinations shall be prepared from suggested study materials.
(Source: P.A. 100-716, eff. 8-3-18.)
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(225 ILCS 235/8) (from Ch. 111 1/2, par. 2208)
(Section scheduled to be repealed on December 31, 2029)
Sec. 8. Change of certified technician. When the
licensee or registrant is without a certified technician,
the licensee or registrant shall notify the Director in writing within 7
days
and shall employ a technician certified in accordance with Section 5 of
this Act no later than 45 days from the time the position of
certified technician becomes vacant. All structural pest control operations shall be
suspended until such time that the licensee or registrant obtains the
services of a certified technician.
(Source: P.A. 101-81, eff. 7-12-19.)
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(225 ILCS 235/9) (from Ch. 111 1/2, par. 2209)
(Section scheduled to be repealed on December 31, 2029)
Sec. 9. Fees and required insurance. (a) The fees required by this Act
are as follows:
(1) The fee for an original commercial structural | ||
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(2) The fee for an original non-commercial structural | ||
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(3) The fee for an application for examination as a | ||
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(4) The fee for an application for examination in | ||
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(5) The fee for the replacement of a license, | ||
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(6) The late filing charge for any license, | ||
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(7) The fee for multiple copies of this Act and | ||
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All fees shall be paid by check or money order. Any fee required by this
Act is not refundable in the event that the original application or
application for renewal is denied. (b) Every application for an original commercial structural pest control business location
license shall be accompanied by a certificate of insurance issued by an
insurance company authorized to do business in the State of Illinois or by
a risk retention or purchasing group formed pursuant to the federal
Liability Risk Retention Act of 1986, which provides primary, first dollar
public liability coverage of the applicant or licensee for personal
injuries for not less than $100,000 per person, or $300,000 per occurrence,
and, in addition, for not less than $50,000 per occurrence for property
damage, resulting from structural pest control. The insurance policy shall
be in effect at all times during the license year and a new certificate of
insurance shall be filed with the Department within 30 days after the
renewal of the insurance policy. Each application for renewal of a commercial structural pest control location license shall also include a certificate of insurance as detailed above unless a valid certificate of insurance is already on file with the Department. Applicants for registration or
registration renewal shall not be required to provide evidence of public
liability insurance coverage.
All administrative civil fines and fees collected pursuant to this
Act shall be deposited into the Pesticide Control Fund established pursuant
to the Illinois Pesticide Act. The amount annually collected as
administrative civil fines and fees shall be appropriated by the
General Assembly to the Department for the purposes of conducting a public
education program on the proper use of pesticides and for other activities
related to enforcement of this Act and the Illinois Pesticide Act.
(Source: P.A. 87-703; reenacted by P.A. 95-786, eff. 8-7-08; 96-1362, eff. 7-28-10.)
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(225 ILCS 235/10) (from Ch. 111 1/2, par. 2210)
(Section scheduled to be repealed on December 31, 2029)
Sec. 10. Powers and duties of the Department). The Department has
the following powers and duties:
(a) To prescribe and furnish application forms, | ||
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(b) To suspend, revoke or refuse to issue or renew | ||
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(c) To prescribe examinations which reasonably test | ||
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(d) To conduct hearings concerning the suspension, | ||
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(e) To promulgate rules and regulations necessary for | ||
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(f) To prohibit the use of specific materials and | ||
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(g) To conduct inspections, which may include planned | ||
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(h) To cause investigations to be made when the | ||
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(i) To conduct a public education program to improve | ||
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(Source: P.A. 85-177; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/10.1) (from Ch. 111 1/2, par. 2210.1)
(Section scheduled to be repealed on December 31, 2029)
Sec. 10.1. Structural Pest Control Advisory Council. The Governor shall
appoint a Structural Pest Control Advisory Council consisting of 10 members
to consult with and advise the Department. Their functions shall be to advise
the Department in the preparation of rules necessary to carry out the
provisions of the Act, offer suggestions for examination questions,
provide suggestions for the efficient administration of the Act, develop
criteria for issuance of administrative fines, and perform other duties as
may be prescribed by the Director. Membership on the council shall be as
follows:
(a) One member shall be an Illinois certified | ||
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(b) One member shall be an Illinois certified | ||
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(c) Three members shall be Illinois certified | ||
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(d) One member shall be a representative of a local | ||
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(e) One member shall be a representative of an | ||
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(f) One member shall be a member of the general | ||
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(g) One member shall be a representative of an | ||
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(h) One member shall be a representative of the | ||
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The term of office for each member of the council shall be 4 calendar
years with no representative serving more than 2 consecutive terms.
The Council shall be chaired by the Director, or his or her authorized
representative, and shall meet at least twice annually, or whenever a
majority of the council members vote to hold a meeting to discuss their
duties as previously indicated.
(Source: P.A. 87-703; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/10.2) (from Ch. 111 1/2, par. 2210.2)
(Section scheduled to be repealed on December 31, 2029)
Sec. 10.2. Integrated pest management guidelines; notification; training of designated persons; request for copies.
(a) The Department shall prepare guidelines for an integrated pest
management program for structural pest control practices at school
buildings and other school facilities and day care centers. Such guidelines
shall be made
available to schools, day care centers and the public upon request.
(b) When economically feasible, each school and day care center is
required to develop and implement an
integrated pest
management
program that incorporates the guidelines developed by the Department.
Each school and day care center must notify the Department, within one year after the effective date of this amendatory Act of the 95th General Assembly and every 5 years thereafter, on forms provided by the Department that the school or day care center has developed and is implementing an integrated pest management program. In
implementing an integrated pest management program, a school or day care
center must assign a
designated person to assume
responsibility for the oversight of pest management practices in that
school or day care center and for recordkeeping requirements.
(b-1) If adopting an
integrated pest management program is not economically feasible because such adoption would result
in an increase in the pest control costs of the school or day care center, the school or day care center
must provide, within one year after the effective date of this amendatory Act of the 95th General Assembly and every 5 years thereafter, written notification to the Department, on forms provided by the
Department, that the development and implementation of an integrated pest
management program is not economically feasible. The notification must include projected pest
control costs for the term of the pest control program and projected costs for implementing
an integrated pest management program for that same time period. (b-2) Each school or
day care center that provides written notification to the Department that the adoption of an integrated pest management program is not economically feasible pursuant to subsection (b-1) of this Section must have its designated person attend a training
course on integrated pest management within one year after the effective date of this amendatory Act of the 95th General Assembly, and
every 5 years thereafter until an integrated pest management program is developed and implemented in
the school or day care center. The training course shall be approved by the Department in
accordance with the minimum standards established by the Department under this Act.
(b-3) Each school and day care center shall ensure that all parents, guardians, and employees are
notified at least once each school year that the notification requirements established by this Section
have been met. The school and day care center shall keep copies of all notifications required by
this Section and any written integrated pest management program plan developed in accordance with this
Section and make these copies available for public inspection at the school or day care center.
(c) The Structural Pest Control Advisory Council shall assist the
Department in developing the guidelines for integrated pest management
programs. In developing the guidelines, the Council shall consult with
individuals knowledgeable in the area of integrated pest management.
(d) The Department, with the assistance of the Cooperative Extension
Service and other relevant agencies, may prepare a training program for
school or day care center pest control specialists.
(e) The Department
may request copies of a school's or day care center's integrated pest
management program plan and notification required by this Act and offer assistance and training to
schools and day care centers on integrated pest management programs. (f) The requirements of this Section are subject to appropriation to the Department for the implementation of integrated pest management programs.
(Source: P.A. 95-58, eff. 8-10-07; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/10.3)
(Section scheduled to be repealed on December 31, 2029)
Sec. 10.3. Notification. School districts and day care centers must
maintain a registry of
parents and guardians of students and employees who have registered to receive
written or telephonic
notification prior to application of pesticides to school property or day
care centers or provide
written or telephonic notification to all parents and guardians of students before such
pesticide application. Written notification may be included in newsletters,
bulletins, calendars, or other correspondence currently published by the school
district or day care center. The written or telephonic notification must be given at
least 2 business days
before application of the pesticide application and should identify the
intended date of the application of the pesticide and the name and telephone
contact number for the school or day care center personnel
responsible for
the pesticide
application program. Prior notice shall not be required if there is an
imminent threat to health or property. If such a situation arises, the
appropriate school or day care center personnel must sign a statement
describing the circumstances
that gave rise to the health threat and ensure that written or telephonic notice is provided
as soon as practicable. For purposes of this Section, pesticides subject to
notification requirements shall not include (i) an antimicrobial agent, such as
disinfectant, sanitizer, or deodorizer, or (ii) insecticide baits and
rodenticide
baits.
(Source: P.A. 93-381, eff. 7-1-04; reenacted by P.A. 95-786, eff. 8-7-08; 96-1362, eff. 7-28-10.)
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(225 ILCS 235/10.15) Sec. 10.15. (Repealed).
(Source: P.A. 96-1330, eff. 7-27-10. Repealed internally, eff. 1-1-12.) |
(225 ILCS 235/12) (from Ch. 111 1/2, par. 2212)
(Section scheduled to be repealed on December 31, 2029)
Sec. 12. Subject to the requirement for
public hearings as hereinafter provided, the Department shall
promulgate, publish, and adopt, and may from time to time after public hearing amend
such rules and regulations as may be necessary for the proper
enforcement of this Act, to protect the health and safety of the public
and may, when necessary, utilize the services of any other state
agencies to assist in carrying out the purposes of this Act. The
Department shall hold a public hearing on all proposed rules and
regulations.
(Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/13) (from Ch. 111 1/2, par. 2213)
(Section scheduled to be repealed on December 31, 2029)
Sec. 13. Violations of the Act. It is a violation of this Act and the
Department may suspend, revoke, or refuse to issue or renew any certificate,
registration, or license, in accordance with Section 14 of this Act, upon
proof of any of the following:
(a) Violation of this Act or any rule or regulation | ||
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(b) Conviction of a certified technician, registrant, | ||
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(c) Knowingly making false or fraudulent claims, | ||
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(d) Performing structural pest control in a careless | ||
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(e) Failing to supply within a reasonable time, upon | ||
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(f) Fraudulent advertising or solicitations relating | ||
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(g) Aiding or abetting a person to evade any | ||
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(h) Impersonating any federal, state, county, or city | ||
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(i) Performing structural pest control, utilizing, or | ||
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(j) Failing to comply with a written Department | ||
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(k) Failing to pay any civil penalty or fine assessed | ||
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(Source: P.A. 100-716, eff. 8-3-18.)
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(225 ILCS 235/14) (from Ch. 111 1/2, par. 2214)
(Section scheduled to be repealed on December 31, 2029)
Sec. 14. Suspension, revocation or refusal to renew license, registration
or certification. (a) Whenever the Department determines that there are
reasonable grounds to believe that there has been violation of any provision
of this Act or the rules or regulations issued hereunder, the Department
shall give notice of the alleged violation to the person to whom the license,
registration or certificate was issued, as herein provided. Such notice shall:
(1) be in writing;
(2) include a statement of the alleged violation | ||
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(3) contain an outline of remedial action which, if | ||
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(4) prescribe a reasonable time as determined by the | ||
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(5) be served upon the licensee, registrant or | ||
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(b) If the person to whom the notice is served does not comply with
the terms of the notice within the time limitations specified in the notice,
the Department may proceed with action to suspend, revoke or refuse to issue
a license, registration or certificate as provided in this Section. Other
requirements of this Act to the contrary notwithstanding, when the Department
determines that reasonable grounds exist to indicate that a violation of
this Act has been committed which is the third separate violation by that
person in an 18-month period, the Department shall not be required to issue
notice as required by subsection (a) of this Section but may proceed immediately
with action to suspend, revoke or
refuse to issue a license, registration or certificate.
(c) In any proceeding to suspend, revoke or refuse to issue a license,
registration or certificate, the Department shall first serve or cause to
be served upon the person violating this Act or the rules or regulations
promulgated under this Act a written notice of the Department's intent to
take action. The notice shall specify the way in which the person has failed
to comply with this Act or any rules, regulations or standards of the Department.
In the case of revocation or suspension, the notice shall require the person
to remove or abate the violation or objectionable condition specified in
the notice within 5 days or within a longer period of time as the Department
may allow. If the person fails to comply with the terms and conditions
of the revocation or suspension notice within the time specified or the
time extension allowed by the Department, the Department may revoke or suspend
the license, registration or certification. In the case of refusal to issue
a license, registration or certification, if the person fails to comply
with the Act or rules, regulations or standards promulgated under the Act,
the Department may refuse to issue a license, registration or certification.
(Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/15) (from Ch. 111 1/2, par. 2215)
(Section scheduled to be repealed on December 31, 2029)
Sec. 15. Administrative hearing. The Department shall give
written notice by certified or registered mail to any
applicant, licensee, registrant or certified technician
of the Department's intent to suspend, revoke, or refuse to issue a
license, registration, or certificate or to assess a fine. Such person
has a right to a hearing before the Department; however, a written
notice of a request for such a hearing shall be served on the
Department within 10 days of notice of such refusal, suspension, or
revocation of a license, registration, or certification, or imposition
of a fine. The hearing shall be conducted by the
Director, or a Hearing Officer designated in writing by the
Director, to conduct the hearing. A stenographic record shall
be made of the hearing and the cost borne by the Department;
however, a transcription of the hearing will be made only if a
person requests and shall be transcribed at the cost of such person.
The hearing shall be conducted at such place as designated by the
Department.
(Source: P.A. 87-703; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/16) (from Ch. 111 1/2, par. 2216)
(Section scheduled to be repealed on December 31, 2029)
Sec. 16. Subpoena powers of Department or hearing officer. The Director or
hearing officer may compel by subpoena or subpoena duces tecum the attendance
and testimony of witnesses and the production of books and papers and administer
oaths to witnesses. All subpoenas issued by the Director or hearing officer
may be served as provided for in a civil action. The fees of witnesses
for attendance and travel shall be the same as the fees for witnesses before
the circuit court and shall be paid by the party to such proceeding at whose
request the subpoena is issued. If such subpoena is issued at the request
of the Department, the witness
fee shall be paid as an administrative expense.
In the cases of refusal of a witness to attend or testify, or to produce
books or papers, concerning any matter upon which he might be lawfully examined,
the circuit court of the county where the hearing is held, upon application
of any party to the proceeding, may compel obedience
by proceeding as for contempt.
(Source: Reenacted by P.A. 95-786, eff. 8-7-08; P.A. 96-328, eff. 8-11-09.)
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(225 ILCS 235/17) (from Ch. 111 1/2, par. 2217)
(Section scheduled to be repealed on December 31, 2029)
Sec. 17. Deposition of witnesses; testimony at hearing recorded. In
the event of the inability of any party
or the Department to procure the attendance of witnesses to give testimony
or produce books and papers,
such party or the Department may take the deposition of witnesses in accordance with
the laws of this State. All testimony taken at a hearing shall be reduced to writing,
and all such testimony and other evidence introduced at the hearing shall be a part
of the record of the hearing.
(Source: P.A. 101-81, eff. 7-12-19.)
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(225 ILCS 235/19) (from Ch. 111 1/2, par. 2219)
(Section scheduled to be repealed on December 31, 2029)
Sec. 19. Certification of record). The Department is not required to
certify any record or file
any answer or otherwise appear in any proceeding for judicial review unless the
party filing the complaint deposits with the clerk of the court the sum of
$1 per page representing costs of such certification. Failure on the
part of the plaintiff to make such deposit shall be grounds for dismissal
of the action.
(Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/20) (from Ch. 111 1/2, par. 2220)
(Section scheduled to be repealed on December 31, 2029)
Sec. 20. Injunction). The performance of structural pest control or the operation
of a business location as defined in Section 3 of this Act within this State in
violation of this Act or the rules and regulations promulgated hereunder is declared
a nuisance and inimical to the public health, welfare and safety and a
deceptive business practice. The Director, in the
name of the people of the State, through the Attorney General or the State's Attorney
of the county in which such violation occurs may, in addition to other remedies herein
provided, bring an action for an injunction to restrain such violation or enjoin
the future performance of structural pest control or the operating of a business
location until compliance with the provisions of this Act has been obtained.
(Source: P.A. 83-825; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/21) (from Ch. 111 1/2, par. 2221)
(Section scheduled to be repealed on December 31, 2029)
Sec. 21. Penalty. Any person who violates this Act or any rule or regulation
adopted by the Department, or who violates any determination or order of the
Department under this Act shall be guilty of a Class A misdemeanor and shall be
fined a sum of not more than $2,500, serve a jail term of up to 1 day less than 1 year in jail, or both.
Each day's violation constitutes a separate offense. The State's Attorney
of the county in which the violation occurred or the Attorney General shall bring
such actions in the name of the people of the State of Illinois.
(Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08; 96-1362, eff. 7-28-10.)
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(225 ILCS 235/21.1) (from Ch. 111 1/2, par. 2221.1)
(Section scheduled to be repealed on December 31, 2029)
Sec. 21.1. Administrative civil fines. The Department is empowered to
assess administrative civil fines in accordance with Section 15 of this Act against a licensee, registrant,
certified technician, person, public school, licensed day care center, or other entity for violations of this Act or its rules and
regulations. These fines shall be established by the Department by rule and
may be assessed in addition to, or in lieu of, license, registration, or
certification suspensions and revocations.
Any fine assessed and not paid within 60 days after receiving notice from the
Department may be submitted to the Attorney General's Office, or any other public or private agency, for
collection of the amounts owed plus any fees and costs incurred during the collection process. Failure to pay a fine shall also be grounds for immediate
suspension or revocation of a license, registration, or certification
issued under this Act.
(Source: P.A. 87-703; reenacted by P.A. 95-786, eff. 8-7-08; 96-1362, eff. 7-28-10.)
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(225 ILCS 235/22) (from Ch. 111 1/2, par. 2222)
(Section scheduled to be repealed on December 31, 2029)
Sec. 22. Scope of Act. The provisions of this Act apply to any
structural pest control operations performed by the State or agency
thereof. However, the State or agency thereof or any unit of local
government shall not be required to pay any fees, nor shall the employees
thereof engaged in pest control activities in their official capacity be required to pay any fees for examination, certification, or renewal
of certification.
This Act does not apply to any person certified by the Illinois
Department of Agriculture to use restricted pesticides in structures on
his own individual property.
(Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08; 96-1362, eff. 7-28-10.)
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(225 ILCS 235/23) (from Ch. 111 1/2, par. 2223)
(Section scheduled to be repealed on December 31, 2029)
Sec. 23. Judicial review of final administrative decision. The Administrative
Review Law and the rules adopted under the Administrative Review
Law apply to and govern all proceedings for judicial review of final administrative
decisions of the Department under this Act. Such judicial review shall be
had in the circuit court of the county in which the cause of action arose.
The term "administrative decision" is defined as in Section 3-101 of the
Code of Civil Procedure.
(Source: P.A. 101-81, eff. 7-12-19.)
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(225 ILCS 235/23.1) (from Ch. 111 1/2, par. 2223.1)
(Section scheduled to be repealed on December 31, 2029)
Sec. 23.1. The provisions of the Illinois Administrative Procedure
Act are hereby expressly adopted and shall apply to all administrative rules
and procedures of the Department of Public Health under this Act, except that
in case of conflict between the Illinois Administrative Procedure Act and this
Act the provisions of this Act shall control, and except that Section 5-35 of
the Illinois Administrative Procedure Act relating to procedures for
rule-making does not apply to the adoption of any rule required by federal law
in connection with which the Department is precluded by law from exercising any
discretion.
(Source: P.A. 88-45; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/24) (from Ch. 111 1/2, par. 2224)
(Section scheduled to be repealed on December 31, 2029)
Sec. 24. Severability clause). If any part of this Act is adjudged invalid,
such adjudication
shall not affect the validity of the Act as a whole or of any other part.
(Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/25) (from Ch. 111 1/2, par. 2225)
(Section scheduled to be repealed on December 31, 2029)
Sec. 25. The provisions of the Illinois Administrative
Procedure Act are hereby
expressly adopted and shall apply to all administrative rules
and procedures of the Department of Public Health under this Act.
(Source: P.A. 101-81, eff. 7-12-19.)
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(225 ILCS 235/26) (Section scheduled to be repealed on December 31, 2029)
Sec. 26. Continuation of Act; validation. (a) The General Assembly finds and declares that: (1) Public Act 94-754, which became effective on May | ||
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(2) The Statute on Statutes sets forth general | ||
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(3) This amendatory Act of the 95th General | ||
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(4) The Structural Pest Control Act was | ||
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(b) It is hereby declared to have been the intent of the
General Assembly that the Structural Pest Control Act not be subject to repeal on January 1,
2008. (c) The Structural Pest Control Act
shall be deemed to have been in continuous effect since May 10, 2006 (the effective date of Public Act 94-754), and it shall continue to be in effect henceforward
until it is otherwise lawfully repealed. All previously
enacted amendments to the Act taking effect on or after
January 1, 2008, are hereby validated. (d) All actions taken in reliance on or pursuant to the
Structural Pest Control Act by the Department of Public Health or any other person or entity are
hereby validated. (e) In order to ensure the continuing effectiveness of
the Structural Pest Control Act, it is set forth in full and re-enacted by this
amendatory Act of the 95th General Assembly. This re-enactment is intended as a
continuation of the Act. It is not intended to supersede any
amendment to the Act that is enacted by the 95th General
Assembly. (f) The Structural Pest Control Act applies to all claims, civil actions, and
proceedings pending on or filed on or before the effective
date of this Act.
(Source: P.A. 95-786, eff. 8-7-08.) |