(410 ILCS 18/1)
(Section scheduled to be repealed on January 1, 2029)
Sec. 1.
Short title.
This Act may be cited as the Crematory Regulation Act.
(Source: P.A. 87-1187.)
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(410 ILCS 18/5) (Text of Section before amendment by P.A. 103-907) (Section scheduled to be repealed on January 1, 2029) Sec. 5. Definitions. As used in this Act: "Address of record" means the designated address recorded by the Comptroller in the applicant's or licensee's application file or license file. It is the duty of the applicant or licensee to inform the Comptroller of any change of address within 14 days, and such changes must be made either through the Comptroller's website or by contacting the Comptroller. The address of record shall be the permanent street address of the crematory. "Alternative container" means a receptacle, other than a casket, in
which human remains are transported to the crematory and placed in the
cremation chamber for cremation. An alternative container shall be
(i) composed of readily combustible or consumable materials suitable for cremation, (ii) able
to be closed in order to provide a complete covering for the human remains,
(iii) resistant to leakage or spillage, (iv) rigid enough for handling with
ease, and (v) able to provide protection for the health, safety, and personal
integrity of crematory personnel. "Authorizing agent" means a person legally entitled to order the cremation and final
disposition of specific human remains. "Authorizing agent" includes an institution of medical, mortuary, or other sciences as provided in Section 20 of the Disposition of Remains of the Indigent Act. "Body parts" means limbs or other portions of the anatomy that are
removed from a person or human remains for medical purposes during treatment,
surgery, biopsy, autopsy, or medical research; or human bodies or any portion
of bodies that have been donated to science for medical research purposes. "Burial transit permit" means a permit for disposition of a dead human
body as required by Illinois law. "Casket" means a rigid container that is designed for the encasement of human
remains, is usually constructed of wood, metal, or like material and ornamented
and lined with fabric, and may or may not be combustible. "Comptroller" means the Comptroller of the State of Illinois. "Cremated remains" means all human remains recovered after the completion
of the cremation, which may possibly include the residue of any foreign matter
including casket material, bridgework, or eyeglasses, that was cremated with
the human remains. "Cremation" means the technical process, using heat and flame, or alkaline hydrolysis that
reduces human remains to bone fragments. The reduction takes place through
heat and evaporation or through hydrolysis. Cremation shall include the processing, and may include
the pulverization, of the bone fragments. "Cremation chamber" means the enclosed space within which the cremation
takes place. "Cremation interment container" means a rigid outer container that,
subject to a cemetery's rules and regulations, is composed of concrete, steel,
fiberglass, or some similar material in which an urn is placed prior to being
interred in the ground, and which is designed to withstand prolonged exposure
to the elements and to support the earth above the urn. "Cremation room" means the room in which the cremation chamber is located. "Crematory" means the building or portion of a building that houses the
cremation room and the holding facility. "Crematory authority" means the legal entity which is licensed by
the Comptroller to
operate a crematory and to perform cremations. "Final disposition" means the burial, cremation, or other disposition of
a dead human body or parts of a dead human body. "Funeral director" means a person known by the title of "funeral
director", "funeral director and embalmer", or other similar words or
titles, licensed by the State to practice funeral directing or funeral
directing and embalming. "Funeral establishment" means a building or separate portion of a building
having a specific street address and location and devoted to activities
relating to the shelter, care, custody, and preparation of a deceased human
body and may contain facilities for funeral or wake services. "Holding facility" means an area that (i) is designated for the retention of
human remains prior to cremation, (ii) complies with all applicable public
health law, (iii) preserves the health and safety of the crematory authority
personnel, and (iv) is secure from access by anyone other than authorized
persons. A holding facility may be located in a cremation room. "Human remains" means the body of a deceased person, including
any form of body prosthesis that has been permanently attached or
implanted in the body. "Licensee" means an entity licensed under this Act. An entity that holds itself as a licensee or that is accused of unlicensed practice is considered a licensee for purposes of enforcement, investigation, hearings, and the Illinois Administrative Procedure Act. "Niche" means a compartment or cubicle for the memorialization and permanent
placement of an urn containing cremated remains. "Person" means any person, partnership, association, corporation, limited liability company, or other entity, and in the case of any such business organization, its officers, partners, members, or shareholders possessing 25% or more of ownership of the entity. "Processing" means the reduction of identifiable bone fragments after the
completion of the cremation process to unidentifiable bone fragments by manual
or mechanical means. "Pulverization" means the reduction of identifiable bone fragments after the
completion of the cremation process to granulated particles by manual or
mechanical means. "Scattering area" means an area which may be designated by a cemetery and
located on dedicated cemetery property or property used for outdoor recreation or natural resource conservation owned by the Department of Natural Resources and designated as a scattering area, where cremated remains, which have been
removed
from their container, can be mixed with, or placed on top of, the soil or
ground cover. "Temporary container" means a receptacle for cremated
remains, usually composed of cardboard, plastic or similar material, that
can be closed in a manner that prevents the leakage or spillage of the
cremated remains or the entrance of foreign material, and is a single
container of sufficient size to hold the cremated remains until an urn is
acquired or the cremated remains are scattered. "Urn" means a receptacle
designed to encase the cremated remains.(Source: P.A. 100-97, eff. 1-1-18; 100-526, eff. 6-1-18; 100-863, eff. 8-14-18.) (Text of Section after amendment by P.A. 103-907) (Section scheduled to be repealed on January 1, 2029) Sec. 5. Definitions. As used in this Act: "Address of record" means the designated address recorded by the Comptroller in the applicant's or licensee's application file or license file. It is the duty of the applicant or licensee to inform the Comptroller of any change of address within 14 days, and such changes must be made either through the Comptroller's website or by contacting the Comptroller. The address of record shall be the permanent street address of the crematory. "Alternative container" means a receptacle, other than a casket, in which human remains are transported to the crematory and placed in the cremation chamber for cremation. An alternative container shall be (i) composed of readily combustible or consumable materials suitable for cremation, (ii) able to be closed in order to provide a complete covering for the human remains, (iii) resistant to leakage or spillage, (iv) rigid enough for handling with ease, and (v) able to provide protection for the health, safety, and personal integrity of crematory personnel. "Authorizing agent" means a person legally entitled to order the cremation and final disposition of specific human remains. "Authorizing agent" includes an institution of medical, mortuary, or other sciences as provided in Section 20 of the Disposition of Remains of the Indigent Act. "Body parts" means limbs or other portions of the anatomy that are removed from a person or human remains for medical purposes during treatment, surgery, biopsy, autopsy, or medical research; or human bodies or any portion of bodies that have been donated to science for medical research purposes. "Burial transit permit" means a permit for disposition of a dead human body as required by Illinois law. "Casket" means a rigid container that is designed for the encasement of human remains, is usually constructed of wood, metal, or like material and ornamented and lined with fabric, and may or may not be combustible. "Chain of custody record" means a record that establishes the continuous control of the deceased's body, body parts, or human remains. "Comptroller" means the Comptroller of the State of Illinois. "Cremated remains" means all human remains recovered after the completion of the cremation, which may possibly include the residue of any foreign matter including casket material, bridgework, or eyeglasses, that was cremated with the human remains. "Cremation" means the technical process, using heat and flame, or alkaline hydrolysis that reduces human remains to bone fragments. The reduction takes place through heat and evaporation or through hydrolysis. Cremation shall include the processing, and may include the pulverization, of the bone fragments. "Cremation chamber" means the enclosed space within which the cremation takes place. "Cremation interment container" means a rigid outer container that, subject to a cemetery's rules and regulations, is composed of concrete, steel, fiberglass, or some similar material in which an urn is placed prior to being interred in the ground, and which is designed to withstand prolonged exposure to the elements and to support the earth above the urn. "Cremation room" means the room in which the cremation chamber is located. "Crematory" means the building or portion of a building that houses the cremation room and the holding facility. "Crematory authority" means the legal entity which is licensed by the Comptroller to operate a crematory and to perform cremations. "Final disposition" means the burial, cremation, or other disposition of a dead human body or parts of a dead human body. "Funeral director" means a person known by the title of "funeral director", "funeral director and embalmer", or other similar words or titles, licensed by the State to practice funeral directing or funeral directing and embalming. "Funeral establishment" means a building or separate portion of a building having a specific street address and location and devoted to activities relating to the shelter, care, custody, and preparation of a deceased human body and may contain facilities for funeral or wake services. "Holding facility" means an area that (i) is designated for the retention of human remains prior to cremation, (ii) complies with all applicable public health law, (iii) preserves the health and safety of the crematory authority personnel, and (iv) is secure from access by anyone other than authorized persons. A holding facility may be located in a cremation room. "Human remains" means the body of a deceased person, including any form of body prosthesis that has been permanently attached or implanted in the body. "Licensee" means an entity licensed under this Act. An entity that holds itself as a licensee or that is accused of unlicensed practice is considered a licensee for purposes of enforcement, investigation, hearings, and the Illinois Administrative Procedure Act. "Niche" means a compartment or cubicle for the memorialization and permanent placement of an urn containing cremated remains. "Person" means any person, partnership, association, corporation, limited liability company, or other entity, and in the case of any such business organization, its officers, partners, members, or shareholders possessing 25% or more of ownership of the entity. "Processing" means the reduction of identifiable bone fragments after the completion of the cremation process to unidentifiable bone fragments by manual or mechanical means. "Pulverization" means the reduction of identifiable bone fragments after the completion of the cremation process to granulated particles by manual or mechanical means. "Scattering area" means an area which may be designated by a cemetery and located on dedicated cemetery property or property used for outdoor recreation or natural resource conservation owned by the Department of Natural Resources and designated as a scattering area, where cremated remains, which have been removed from their container, can be mixed with, or placed on top of, the soil or ground cover. "Temporary container" means a receptacle for cremated remains, usually composed of cardboard, plastic or similar material, that can be closed in a manner that prevents the leakage or spillage of the cremated remains or the entrance of foreign material, and is a single container of sufficient size to hold the cremated remains until an urn is acquired or the cremated remains are scattered. "Uniquely identified" means providing the deceased with individualized identification. "Urn" means a receptacle designed to encase the cremated remains.(Source: P.A. 103-907, eff. 1-1-25.) |
(410 ILCS 18/7) (Section scheduled to be repealed on January 1, 2029) Sec. 7. Powers and duties of the Comptroller. Subject to the provisions of this Act, the Comptroller may exercise any of the following powers and duties: (1) Authorize standards to ascertain the | ||
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(2) Examine and audit a licensed crematory | ||
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(3) Investigate any and all unlicensed activity. (4) Conduct hearings on proceedings to refuse to | ||
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(5) Formulate rules required for the administration | ||
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(6) Maintain rosters of the names and addresses of | ||
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(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.) |
(410 ILCS 18/10)
(Section scheduled to be repealed on January 1, 2029) Sec. 10. Establishment of crematory and licensing of
crematory authority. (a) Any person doing business in this State, or any cemetery,
funeral establishment, corporation, partnership, joint venture, voluntary
organization or any other entity, may erect, maintain, and operate a
crematory in this State and provide the necessary appliances and
facilities for the cremation of human remains in accordance with this Act.
(b) A crematory shall be subject to all local, State, and federal health and
environmental protection requirements and shall obtain all necessary licenses
and permits from the Department of Financial and Professional Regulation, the Department of Public Health, the federal Department of Health and Human
Services, and the Illinois and federal Environmental Protection Agencies, or
such other appropriate local, State, or federal agencies.
(c) A crematory may be constructed on or adjacent to any cemetery, on or
adjacent to any funeral establishment, or at any other location consistent with
local zoning regulations.
(d) An application for licensure as a crematory
authority shall be in
writing on forms furnished by the Comptroller. Applications shall be
accompanied by a fee of $100 and shall contain all of the following:
(1) The full name and address, both residence and | ||
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(2) The address and location of the crematory.
(3) A description of the type of structure and | ||
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(4) Any further information that the Comptroller | ||
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(e) Each crematory authority shall file an annual report with the Comptroller, accompanied with a $25 fee, providing
(i) an affidavit signed by the owner of the crematory authority that at the
time
of the report the cremation device was in proper operating condition,
(ii) the total number of all cremations performed at the crematory
during the past
year, (iii) attestation by the licensee that all applicable permits and
certifications are
valid, (iv) either (A)
any changes required in the
information provided under subsection (d) or (B) an indication that no changes have
occurred, and (v) any other information that the Comptroller may require. The annual report shall be filed by a crematory authority on or
before March 15 of each calendar year. If the fiscal year of a crematory authority is other than on a calendar year basis, then the crematory authority shall file the report required by this Section within 75 days after the end of its fiscal year. If a crematory authority fails to
submit an annual report to the Comptroller within the time specified in
this Section, the Comptroller shall impose upon the crematory authority a
penalty of $5 for each and every day the crematory authority remains
delinquent in submitting the annual report. The Comptroller may abate all or
part of the $5 daily penalty for good cause shown. The $25 annual report fee shall be deposited in the Comptroller's Administrative Fund.
(f) All records required to be maintained under this Act, including but
not limited to those relating to the license and annual
report of the
crematory authority required to be filed under this Section, shall be
subject to inspection by the Comptroller upon reasonable notice.
(g) The Comptroller may inspect crematory records at the crematory
authority's place of business to review
the
licensee's compliance with this Act. The Comptroller may charge a $100 fee for the inspection of the licensee. The inspection must include
verification that:
(1) the crematory authority has complied with | ||
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(2) a crematory device operator's certification of | ||
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(3) the cremation device has a current operating | ||
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(4) the crematory authority is in compliance with | ||
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(5) the crematory authority license issued by the | ||
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(6) other details as determined by rule. (h) The Comptroller shall issue licenses under this Act to the crematories
that are
registered
with
the Comptroller as of on March 1, 2012 without requiring the previously registered
crematories
to complete license applications.
(i) Every license issued under this Act shall be renewed every 5 years for a renewal fee of $100 to be sent to the Comptroller. The renewal fee shall be deposited into the Comptroller's Administrative Fund. The Comptroller, upon the request of an interested person, or on his or her own motion, may issue new licenses to a licensee whose license or licenses have been revoked, if no factor or condition exists that would have warranted the Comptroller to refuse the issuance of the license. (Source: P.A. 103-253, eff. 6-30-23.)
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(410 ILCS 18/11)
(Section scheduled to be repealed on January 1, 2029) Sec. 11. Grounds for denial or discipline.
(a) In this Section, "applicant" means a person who has applied for a
license
under
this Act including those persons whose names are listed on a license application in Section 10 of this Act.
(b) The Comptroller may refuse to issue a license, place on probation, reprimand, or take other disciplinary action that the Comptroller may deem appropriate, including imposing fines not to exceed $5,000 for each violation, with regard to any license under this Act, or may
suspend
or revoke a license issued under this Act, on any of the following grounds:
(1) The applicant or licensee has made any | ||
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(2) The applicant or licensee has been engaged in | ||
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(3) The applicant or licensee has refused to give | ||
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(4) Engaging in dishonorable, unethical, or | ||
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(5) As to any individual listed in the license | ||
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(6) The applicant or licensee has failed to make the | ||
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(7) The applicant or licensee, including any member, | ||
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(8) The Comptroller finds any fact or condition | ||
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(9) Any violation of this Act or of the rules adopted | ||
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(10) Incompetence. (11) Gross malpractice. (12) Discipline by another state, District of | ||
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(13) Directly or indirectly giving to or receiving | ||
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(14) A finding by the Comptroller that the licensee, | ||
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(15) Willfully making or filing false records or | ||
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(16) Gross, willful, or continued overcharging for | ||
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(17) Practicing under a false or, except as provided | ||
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(18) Cheating on or attempting to subvert this Act's | ||
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(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
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(410 ILCS 18/11.5)
(Section scheduled to be repealed on January 1, 2029) Sec. 11.5. License revocation or suspension; surrender of license.
(a) (Blank).
(b) Upon the revocation or suspension of a license issued under this Act,
the
licensee must immediately surrender the license to the Comptroller. If the
licensee fails to
do so, the Comptroller may seize the license.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
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(410 ILCS 18/12)
(Section scheduled to be repealed on January 1, 2029)
Sec. 12.
Surrender of license; effect on licensee's liability.
A licensee
may
surrender a license issued under this Act by delivering to the Comptroller a
written notice
stating that the licensee thereby surrenders the license, but such a surrender
does not
affect the licensee's civil or criminal liability for acts committed before the
surrender.
(Source: P.A. 92-675, eff. 7-1-03.)
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(410 ILCS 18/13)
(Section scheduled to be repealed on January 1, 2029) Sec. 13. License; display; transfer; duration.
(a) Every license issued under this Act must state the number of the
license, the
business name and address of the licensee's principal place of business, and
the licensee's
parent company, if any. The license must be conspicuously posted in the place
of business
operating under the license.
(b) After initial licensure, if any person comes to obtain at least 51% of the ownership over the licensed crematory authority, then the crematory authority shall apply for a new license in the required time as set out by rule.
(c) Every license issued under this Act shall remain in force until it has
been
surrendered, suspended, or revoked in accordance with this Act.
Upon
the request of an interested person or on the Comptroller's own motion, the Comptroller
may
issue a new
license to a licensee whose license has been revoked under this Act if no
factor or
condition then exists which would have warranted the Comptroller in
originally refusing
the issuance of the license.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
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(410 ILCS 18/14)
(Section scheduled to be repealed on January 1, 2029)
Sec. 14. Display of cremation device permit. A crematory authority must
conspicuously display in its place of business the operating permit issued to
its cremation
device by the Illinois Environmental Protection Agency and the license issued by the Comptroller under this Act. All rulemaking
authority in connection with operating permits issued by the Illinois Environmental Protection Agency shall be vested with the
Illinois Environmental Protection Agency and all rulemaking authority in connection with licenses issued by the Comptroller under this Act shall be vested with the Comptroller.
(Source: P.A. 97-679, eff. 2-6-12.)
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(410 ILCS 18/15)
(Section scheduled to be repealed on January 1, 2029)
Sec. 15. Authorizing agent. The priority of the person or persons who have the right to serve as the authorizing agent for cremation is in the same priority as provided for in Section 5 of the Disposition of Remains Act.
(Source: P.A. 94-561, eff. 1-1-06.)
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(410 ILCS 18/19)
(Section scheduled to be repealed on January 1, 2029)
Sec. 19.
Cremation only in crematory.
An individual or a person, cemetery,
funeral
establishment,
corporation, partnership, joint venture, voluntary organization, or other
entity may
cremate human remains only in a crematory operated by a crematory authority
licensed for this purpose
and only
under the
limitations provided in this Act.
(Source: P.A. 92-675, eff. 7-1-03.)
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(410 ILCS 18/20)
(Section scheduled to be repealed on January 1, 2029) Sec. 20. Authorization to cremate.
(a) A crematory authority shall not cremate human remains until it
has received all of the following:
(1) A cremation authorization form signed, in either | ||
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(A) The identity of the human remains and the | ||
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(B) The name of the funeral director and funeral | ||
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(C) Notification as to whether the death | ||
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(D) The name of the authorizing agent and the | ||
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(E) A representation that the authorizing agent | ||
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(F) Authorization for the crematory authority to | ||
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(G) A representation that the human remains do | ||
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(H) The name of the person authorized to receive | ||
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(I) The manner in which final disposition of the | ||
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(J) A listing of any items of value to be | ||
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(K) A specific statement as to whether the | ||
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(L) The signature, in either paper or electronic | ||
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(M) If a cremation authorization form is being | ||
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(N) The cremation authorization form, other than | ||
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(2) A completed and executed burial transit permit | ||
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(3) Any other documentation required by this State.
(b) If an authorizing agent is not available to execute a cremation
authorization form in person, that person may delegate that authority to
another person in writing, or by sending the crematory authority a facsimile
transmission that contains the name, address, and relationship of the sender to
the decedent and the name and address of the individual to whom authority is
delegated. Upon receipt of the written document, or facsimile
transmission, telegram, or other electronic telecommunications transmission
which specifies the individual to whom authority has been delegated, the
crematory authority shall allow this individual to serve as the authorizing
agent and to execute the cremation authorization form. The crematory
authority shall be entitled to rely upon the cremation authorization form
without liability.
(c) An authorizing agent who signs, in either paper or electronic format, a cremation authorization form shall be
deemed to warrant the truthfulness of any facts set forth on the cremation
authorization form, including that person's authority to order the cremation;
except for the information required by items (C) and (G) of paragraph (1) of
subsection (a) of this Section, unless the authorizing agent has actual
knowledge to the contrary. An authorizing agent signing, in either paper or electronic format, a cremation
authorization form shall be personally and individually liable for all damages
occasioned by and resulting from authorizing the cremation.
(d) A crematory authority shall have authority to cremate human remains upon
the receipt of a cremation authorization form signed, in either paper or electronic format, by an authorizing agent.
There shall be no liability for a crematory authority that cremates human
remains according to an authorization, or that releases or disposes of the
cremated remains according to an authorization, except for a crematory
authority's gross negligence, provided that the crematory authority performs
its functions in compliance with this Act.
(e) After an authorizing agent has executed a cremation authorization form,
the authorizing agent may revoke the authorization and instruct the crematory
authority to cancel the cremation and to release or deliver the human remains
to another crematory authority or funeral establishment. The instructions
shall be provided to the crematory authority in writing. A crematory authority
shall honor any instructions given to it by an authorizing agent under this
Section if it receives the instructions prior to beginning the cremation of the
human remains.
(Source: P.A. 102-824, eff. 1-1-23.)
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(410 ILCS 18/22)
(Section scheduled to be repealed on January 1, 2029) Sec. 22. Performance of cremation service; training. A person may not
perform a cremation service in this State unless he or she has completed
training in performing cremation services and received certification by a
program recognized by the Comptroller. The crematory authority must
conspicuously display the certification at the crematory authority's place of
business. Any new employee shall have a reasonable time period, not to exceed one year, to attend a recognized training program. In the interim,
the new employee may perform a cremation service if he or she has received
training from another person who has received certification by a program
recognized by the Comptroller and is under the supervision of the trained person. Each person performing a cremation service shall complete a continuing education cremation course at least 2 hours in length from a provider recognized by the Comptroller every 5 years. For purposes of this Act, the Comptroller may
recognize any training program that provides training in the operation of a
cremation device, in the maintenance of a clean facility, and in the proper
handling of human remains. The Comptroller may recognize any course that is
conducted by a death care trade association in Illinois or the United States or
by a manufacturer of a cremation unit that is consistent with the standards
provided in this Act or as otherwise determined by rule.
(Source: P.A. 103-253, eff. 6-30-23.)
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(410 ILCS 18/25)
(Section scheduled to be repealed on January 1, 2029) Sec. 25. Recordkeeping.
(a) The crematory authority shall furnish to the person who delivers
human remains to the crematory authority a receipt signed, in either paper or electronic format, at the time of delivery by both the
crematory authority and the person who delivers the human remains, showing
the date and time of the delivery, the type of casket or alternative
container that was delivered, the name of the person from whom the human
remains were received and the name of the funeral establishment or other
entity with whom the person is affiliated, the name of the person who
received the human remains on behalf of the crematory authority, and the
name of the decedent. The crematory shall retain a copy of this receipt in
its permanent records.
(b) Upon its release of cremated remains,
the crematory authority shall furnish to the person who receives the
cremated remains from the crematory authority a receipt signed, in either paper or electronic format, by both the
crematory authority and the person who receives the cremated remains,
showing the date and time of the release, the name of the person to whom the
cremated remains were released and the name of the funeral establishment,
cemetery, or other entity with whom the person is affiliated, the name of
the person who released the cremated remains on behalf of the crematory
authority, and the name of the decedent. The crematory shall retain a copy
of this receipt in its permanent records.
(c) A crematory authority shall maintain at its place of business a
permanent record of each cremation that took place at its facility which shall
contain the name of the decedent, the date of the cremation, and the final
disposition of the cremated remains.
(d) The crematory authority shall maintain a record of all cremated remains
disposed of by the crematory authority in accordance with subsection (d) of
Section 40.
(e) Upon completion of the cremation, the crematory authority shall file the
burial transit permit as required by the Illinois Vital Records Act and rules adopted under that Act and the Illinois Counties Code, and transmit a photocopy of the
burial transit permit along with the cremated remains to whoever receives the
cremated remains from the authorizing agent unless the cremated remains are to
be interred, entombed, inurned, or placed in a scattering area, in which case
the crematory authority shall retain a copy of the burial transit permit and
shall send the permit, along with the cremated remains, to the cemetery, which
shall file the permit with the designated agency after the interment,
entombment, inurnment, or scattering has taken place.
(f) All cemeteries shall maintain a record of all cremated remains that are
disposed of on their property, provided that the cremated remains were
properly transferred to the cemetery and the cemetery issued a receipt
acknowledging the transfer of the cremated remains.
(Source: P.A. 102-824, eff. 1-1-23.)
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(410 ILCS 18/30)
(Section scheduled to be repealed on January 1, 2029)
Sec. 30.
Cremation containers.
(a) No crematory authority shall make or enforce any rules requiring
that any human remains be placed in a casket before cremation or that human
remains be cremated in a casket. No crematory authority shall refuse to
accept human remains for cremation because the remains are not in a
casket.
(b) No crematory authority shall accept human remains unless
they are delivered to the crematory authority in a casket or an alternative
container. If the human remains are delivered to the crematory authority
in an alternative container, the alternative container shall comply with
all aspects of the definition of "alternative container" set forth in Section
5.
(Source: P.A. 87-1187.)
|
(410 ILCS 18/35) (Text of Section before amendment by P.A. 103-907) (Section scheduled to be repealed on January 1, 2029) Sec. 35. Cremation procedures. (a) Human remains shall not be cremated within 24
hours after the time of death, as indicated on the Medical
Examiner's/Coroner's Certificate of Death. In any death, the human remains
shall not be cremated by the crematory authority until a cremation permit has
been received from the coroner or medical examiner of the county in which the
death occurred and the crematory authority has received a cremation
authorization form, executed by an authorizing agent, in accordance with the
provisions of Section 15 of this Act. In no instance, however, shall the lapse
of time between the death and the cremation be less than 24 hours, unless (i)
it is known the deceased has an infectious or dangerous disease and that the
time requirement is waived in writing by the medical examiner or coroner where
the death occurred or (ii) because of a religious requirement. (b) Except as set forth in subsection (a) of this Section,
a crematory authority shall have the right to schedule the actual cremation
to be performed at its own convenience, at any time after the human remains
have been delivered to the crematory authority, unless the crematory
authority has received specific instructions to the contrary on the
cremation authorization form. (c) No crematory authority shall cremate human remains when it has actual
knowledge that human remains contain a pacemaker or any other material or
implant that may be potentially hazardous to the person performing the
cremation. (d) No crematory authority shall refuse to accept human remains for
cremation because such human remains are not embalmed. (e) Whenever a crematory authority is unable or unauthorized to cremate
human remains immediately upon taking custody of the remains, the crematory
authority shall place the human remains in a holding facility in accordance
with the crematory authority's rules and regulations.
The crematory authority must notify the authorizing agent of the reasons for
delay in
cremation if a properly authorized cremation is not performed within any time
period expressly
contemplated in the authorization. (f) A crematory authority shall not accept a casket or
alternative container from which there is any evidence of the leakage of
body fluids. (g) The casket or the alternative container shall be cremated with
the human remains or destroyed, unless the crematory authority has notified the
authorizing agent to the contrary on the cremation authorization form and
obtained the written consent of the authorizing agent. (h) The simultaneous cremation of the human remains of more than one person
within the same cremation chamber, without the prior written consent of the
authorizing agent, is prohibited except for common cremation pursuant to Section 11.4 of the Hospital Licensing Act. Nothing in this subsection, however, shall
prevent the simultaneous cremation within the same cremation chamber of body
parts delivered to the crematory authority from multiple sources, or the use of
cremation equipment that contains more than one cremation chamber. (i) No unauthorized person shall be permitted in the holding facility or
cremation room while any human remains are being held there awaiting
cremation, being cremated, or being removed from the cremation chamber. (j) A crematory authority shall not remove any dental gold, body parts,
organs, or any item of value prior to or subsequent to a cremation without
previously having received specific written authorization from the
authorizing agent and written instructions for the delivery of these items
to the authorizing agent. Under no circumstances shall a crematory authority
profit from making or assisting in any removal of valuables. (k) Upon the completion of each cremation, and insofar as is practicable,
all of the recoverable residue of the cremation process shall be removed from
the cremation chamber. (l) If all of the recovered cremated remains will
not fit within the receptacle that has been selected, the remainder of the
cremated remains shall be returned to the authorizing agent or the agent's
designee in a separate container. The crematory authority shall not return
to an authorizing agent or the agent's designee more or less cremated
remains than were removed from the cremation chamber. (m) A crematory authority shall not knowingly represent to an
authorizing agent or the agent's designee that a temporary container or
urn contains the cremated remains of a specific decedent when it does not. (n) Cremated remains shall be shipped only by a method that has an internal
tracing system available and that provides a receipt signed, in either paper or electronic format, by the person
accepting delivery. (o) A crematory authority shall maintain an identification system that shall
ensure that it shall be able to identify the human remains in its possession
throughout all phases of the cremation process. (p) A crematory authority shall not take possession of unembalmed human remains that cannot be cremated within 24 hours unless it provides or maintains either of the following capable of maintaining a temperature of less than 40 degrees Fahrenheit: an operable refrigeration unit, with cleanable, noncorrosive interior and exterior finishes, or a suitable cooling room. (Source: P.A. 102-824, eff. 1-1-23; 103-253, eff. 6-30-23.) (Text of Section after amendment by P.A. 103-907) (Section scheduled to be repealed on January 1, 2029) Sec. 35. Cremation procedures. (a) Human remains shall not be cremated within 24 hours after the time of death, as indicated on the Medical Examiner's/Coroner's Certificate of Death. In any death, the human remains shall not be cremated by the crematory authority until a cremation permit has been received from the coroner or medical examiner of the county in which the death occurred and the crematory authority has received a cremation authorization form, executed by an authorizing agent, in accordance with the provisions of Section 15 of this Act. In no instance, however, shall the lapse of time between the death and the cremation be less than 24 hours, unless (i) it is known the deceased has an infectious or dangerous disease and that the time requirement is waived in writing by the medical examiner or coroner where the death occurred or (ii) because of a religious requirement. (b) Except as set forth in subsection (a) of this Section, a crematory authority shall have the right to schedule the actual cremation to be performed at its own convenience, at any time after the human remains have been delivered to the crematory authority, unless the crematory authority has received specific instructions to the contrary on the cremation authorization form. (c) No crematory authority shall cremate human remains when it has actual knowledge that human remains contain a pacemaker or any other material or implant that may be potentially hazardous to the person performing the cremation. (d) No crematory authority shall refuse to accept human remains for cremation because such human remains are not embalmed. (e) Whenever a crematory authority is unable or unauthorized to cremate human remains immediately upon taking custody of the remains, the crematory authority shall place the human remains in a holding facility in accordance with the crematory authority's rules and regulations. The crematory authority must notify the authorizing agent of the reasons for delay in cremation if a properly authorized cremation is not performed within any time period expressly contemplated in the authorization. (f) A crematory authority shall not accept a casket or alternative container from which there is any evidence of the leakage of body fluids. (g) The casket or the alternative container shall be cremated with the human remains or destroyed, unless the crematory authority has notified the authorizing agent to the contrary on the cremation authorization form and obtained the written consent of the authorizing agent. (h) The simultaneous cremation of the human remains of more than one person within the same cremation chamber, without the prior written consent of the authorizing agent, is prohibited except for common cremation pursuant to Section 11.4 of the Hospital Licensing Act. Nothing in this subsection, however, shall prevent the simultaneous cremation within the same cremation chamber of body parts delivered to the crematory authority from multiple sources, or the use of cremation equipment that contains more than one cremation chamber. (i) No unauthorized person shall be permitted in the holding facility or cremation room while any human remains are being held there awaiting cremation, being cremated, or being removed from the cremation chamber. (j) A crematory authority shall not remove any dental gold, body parts, organs, or any item of value prior to or subsequent to a cremation without previously having received specific written authorization from the authorizing agent and written instructions for the delivery of these items to the authorizing agent. Under no circumstances shall a crematory authority profit from making or assisting in any removal of valuables. (k) Upon the completion of each cremation, and insofar as is practicable, all of the recoverable residue of the cremation process shall be removed from the cremation chamber. (l) If all of the recovered cremated remains will not fit within the receptacle that has been selected, the remainder of the cremated remains shall be returned to the authorizing agent or the agent's designee in a separate container. The crematory authority shall not return to an authorizing agent or the agent's designee more or less cremated remains than were removed from the cremation chamber. (m) A crematory authority shall not knowingly represent to an authorizing agent or the agent's designee that a temporary container or urn contains the cremated remains of a specific decedent when it does not. (n) Cremated remains shall be shipped only by a method that has an internal tracing system available and that provides a receipt signed, in either paper or electronic format, by the person accepting delivery. (o) A crematory authority shall maintain a chain of custody record, which is an identification system that ensures that a crematory authority is able to identify the human remains in its possession throughout all phases of the cremation process. (p) A crematory authority shall not take possession of unembalmed human remains that cannot be cremated within 24 hours unless it provides or maintains either of the following capable of maintaining a temperature of less than 40 degrees Fahrenheit: an operable refrigeration unit, with cleanable, noncorrosive interior and exterior finishes, or a suitable cooling room. (Source: P.A. 102-824, eff. 1-1-23; 103-253, eff. 6-30-23; 103-907, eff. 1-1-25.) |
(410 ILCS 18/40)
(Section scheduled to be repealed on January 1, 2029) Sec. 40. Disposition of cremated remains.
(a) The authorizing agent shall be responsible for the final
disposition of the cremated remains.
(b) Cremated remains may be disposed of by placing them in a grave, crypt,
or niche, by scattering them in a scattering area as defined in this Act, or in
any manner whatever on the private property of a consenting owner.
(c) Upon the completion of the cremation process, and except as provided for
in item (I) of paragraph (1) of subsection (a) of Section 20, if the crematory
authority has not been instructed to arrange
for the interment, entombment, inurnment, or scattering of the cremated
remains, the crematory authority shall deliver the cremated remains to the
individual specified on the cremation authorization form, or if no
individual is specified then to the authorizing agent. The delivery may be
made in person or by registered mail. Upon receipt of the cremated remains,
the individual receiving them may transport them in any manner in this
State without a permit, and may dispose of them in accordance with this
Section. After delivery, the crematory authority shall be discharged
from any legal obligation or liability concerning the cremated remains.
(d) If, after a period of 60 days from the date of the
cremation, the authorizing agent or the agent's designee has not
instructed the crematory authority to arrange for the final disposition of
the cremated remains or claimed the cremated remains, the crematory
authority may dispose of the cremated remains in any manner permitted by
this Section. The crematory authority, however, shall keep a permanent record
identifying the site of final disposition. The authorizing agent shall be
responsible for reimbursing the crematory authority for all reasonable
expenses incurred in disposing of the cremated remains. Upon disposing
of the cremated remains, the crematory authority shall be discharged from
any legal obligation or liability concerning the cremated remains. Any
person who was in possession of cremated remains prior to the effective date
of this Act may dispose of them in accordance with this Section.
(e) Except with the express written permission of the authorizing agent, no
person shall:
(1) Dispose of cremated remains in a manner or in a | ||
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(2) Place cremated remains of more than one person in | ||
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(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
|
(410 ILCS 18/45)
(Section scheduled to be repealed on January 1, 2029)
Sec. 45.
Limitation of liability.
(a) A crematory authority that has received an executed cremation
authorization form that complies with paragraph (1) of subsection (a) of
Section 20 and has received any additional documentation
required by Section 20 shall not be liable for cremating the human
remains designated by the cremation authorization form if the
cremation is performed in accordance with this Act.
(b) A crematory authority shall not be liable for refusing to accept human
remains or to perform a cremation until it receives a court order or other
suitable confirmation that a dispute has been settled, if:
(1) it is aware of any dispute concerning the | ||
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(2) it has a reasonable basis for questioning any of | ||
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(3) it refuses to accept the human remains for any | ||
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This provision shall not be construed as placing any affirmative
obligation, not otherwise required by law, on any crematory authority to
accept any human remains for cremation.
(c) No cemetery shall be liable for any cremated remains that are dumped,
scattered, or otherwise deposited on the cemetery in violation of this Act, if
that action is taken without the cemetery's consent.
(d) If a crematory authority is aware of any dispute concerning the release
or disposition of the cremated remains, the crematory authority may refuse to
release the cremated remains until the dispute has been resolved or the
crematory authority has been provided with a court order directing the release
or disposition of the cremated remains. A crematory authority shall not be
liable for refusing to release or dispose of cremated remains in accordance
with this
Section.
(e) A crematory authority shall not be responsible or liable
for any valuables delivered to the crematory authority with human remains,
unless the crematory authority has received written instructions in
accordance with item (K) of paragraph (1) of subsection (a) of Section 20.
(Source: P.A. 87-1187.)
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(410 ILCS 18/50)
(Section scheduled to be repealed on January 1, 2029)
Sec. 50.
Pacemakers and hazardous implants.
If an authorizing agent informs the funeral director and the cremation
authority on the cremation authorization form of the presence of a
pacemaker in the human remains, then the funeral director shall be
responsible for ensuring that all necessary steps have been taken to remove
the pacemaker before delivering the human remains to the crematory. Should
the funeral director who delivers the human remains to the crematory fail to
ensure that the pacemaker has been removed from the human remains prior to
delivery, and should the human remains be cremated with the pacemaker,
then the funeral director who delivered the human remains to the crematory
and anyone else covered by this Section shall be liable for all resulting
damages.
(Source: P.A. 87-1187.)
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(410 ILCS 18/55)
(Section scheduled to be repealed on January 1, 2029) Sec. 55. Penalties. Violations of this Act shall be punishable as follows:
(1) Performing a cremation without receipt of a | ||
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(2) Signing, in either paper or electronic format, a | ||
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(3) A Violation of any cremation procedure set forth | ||
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(4) Holding oneself out to the public as a crematory | ||
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(4.5) Performance of a cremation service by a person | ||
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(4.10) Any person who intentionally violates a | ||
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(4.15) Any person who knowingly acts without proper | ||
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(5) A violation of any other provision of this Act | ||
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(Source: P.A. 102-824, eff. 1-1-23.)
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(410 ILCS 18/60)
(Section scheduled to be repealed on January 1, 2029) Sec. 60. Failure to file annual report. Whenever a crematory
authority refuses or neglects to file
its annual report in violation of Section 10 of this Act, or fails to
otherwise comply with the requirements of
this Act, the Comptroller shall impose a penalty as provided for by rule for each and every day the licensee remains delinquent in submitting the annual report. Such report shall be made under oath and shall be in a form determined by the Comptroller.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
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(410 ILCS 18/62)
(Section scheduled to be repealed on January 1, 2029) Sec. 62. Injunctive action; cease and desist order. (a) If any person violates the provisions of this Act, the Comptroller, in the name of the People of the State of Illinois, through the Attorney General or the State's Attorney of the county in which the violation is alleged to have occurred, may petition for an order enjoining the violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition, the court with appropriate jurisdiction may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin the violation. If it is established that the person has violated or is violating the injunction, the court may punish the offender for contempt of court. Proceedings under this Section are in addition to, and not in lieu of, all other remedies and penalties provided by this Act. (b) Whenever, in the opinion of the Comptroller, a person violates any provision of this Act, the Comptroller may issue a rule to show cause why an order to cease and desist should not be entered against that person. The rule shall clearly set forth the grounds relied upon by the Comptroller and shall allow at least 7 days from the date of the rule to file an answer satisfactory to the Comptroller. Failure to answer to the satisfaction of the Comptroller shall cause an order to cease and desist to
be issued.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
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(410 ILCS 18/62.5)
(Section scheduled to be repealed on January 1, 2029) Sec. 62.5. Service of notice. Service by the Comptroller of any notice
requiring a
person to file a statement or report under this Act shall be made: (1)
personally by
delivery of a duly executed copy of the notice to the person to be served or,
if that person
is not a natural person, in the manner provided in the Civil Practice Law when
a
complaint is filed; or (2) by mailing by certified mail a duly executed copy of
the notice
to the person at his or her address of record.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
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(410 ILCS 18/62.10)
(Section scheduled to be repealed on January 1, 2029) Sec. 62.10. Investigations; notice and hearing. The Comptroller may at any time investigate the actions of any applicant or of any person, persons, or entity rendering or offering to render cremation services or any person or entity holding or claiming to hold a license as a licensed crematory. The Comptroller shall, before revoking, suspending, placing on probation, reprimanding, or taking any other disciplinary action under Section 11 of this Act, at least 30 days before the date set for the hearing, (i) notify the accused in writing of the charges made and the time and place for the hearing on the charges, (ii) direct the accused applicant or licensee to file a written answer to the charges with the Comptroller under oath within 20 days after the service on him or her of the notice, and (iii) inform the accused that, if he or she fails to answer, default will be taken against him or her or that his or her license may be suspended, revoked, placed on probationary status, or other disciplinary action taken with regard to the license, including limiting the scope, nature, or extent of his or her practice, as the Comptroller may consider proper. At the time and place fixed in the notice, the Comptroller shall proceed to hear the charges and the parties or their counsel shall be accorded ample opportunity to present any pertinent statements, testimony, evidence, and arguments. The Comptroller shall have the authority to appoint an attorney duly licensed to practice law in the State of Illinois to serve as the hearing officer in any disciplinary action with regard to a license. The hearing officer shall have full authority to conduct the hearing. The Comptroller may continue the hearing from time to time. In case the person, after receiving the notice, fails to file an answer, his or her license may, in the discretion of the Comptroller, be suspended, revoked, placed on probationary status, or the Comptroller may take whatever disciplinary action considered proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for that action under this Act. The written notice may be served by personal delivery or by certified mail to the address specified by the accused in his or her last notification with the Comptroller.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
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(410 ILCS 18/62.15)
(Section scheduled to be repealed on January 1, 2029) Sec. 62.15. Compelling testimony. Any circuit court, upon application of the Comptroller or designated hearing officer may enter an order requiring the attendance of witnesses and their testimony, and the production of documents, papers, files, books, and records in connection with any hearing or investigation. The court may compel obedience to its order by proceedings for contempt.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
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(410 ILCS 18/62.20)
(Section scheduled to be repealed on January 1, 2029) Sec. 62.20. Administrative review; venue; certification of record; costs.
(a) All final administrative decisions of the Comptroller are subject to judicial review under the Administrative Review Law and its rules. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure. (b) 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. (c) The Comptroller shall not be required to certify any record of the court, file an answer in court, or to otherwise appear in any court in a judicial review proceeding unless and until the Comptroller has received from the plaintiff payment of the costs of furnishing and certifying the record, which costs shall be determined by the Comptroller. Failure on the part of the plaintiff to make such payment to the Comptroller is grounds for dismissal of the action.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
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(410 ILCS 18/65)
(Section scheduled to be repealed on January 1, 2029) Sec. 65. Pre-need cremation arrangements.
(a) Any person, or anyone who has legal authority to act on
behalf of a person, on a pre-need basis, may authorize his or her own
cremation and the final disposition of his or her cremated remains by
executing, as the authorizing agent, a cremation authorization form on a
pre-need basis. A copy of this form shall be provided to the person. Any
person shall have the right to transfer or cancel this authorization at any
time prior to death by destroying the executed cremation authorization form and
providing written notice to the crematory authority.
(b) Any cremation authorization form that is being executed by an
individual as his or her own authorizing agent on a pre-need basis shall
contain the following disclosure, which shall be completed by the
authorizing agent:
"( ) I do not wish to allow any of my survivors the | ||
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( ) I wish to allow only the survivors whom I have | ||
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(c) Except as provided in subsection (b) of this Section, at the time of the
death of a person who has executed, as the authorizing agent, a cremation
authorization form on a pre-need basis, any person in possession of an executed
form and any person charged with making arrangements for the final disposition
of the decedent who has knowledge of the existence of an executed form, shall
use their best efforts to ensure that the decedent is cremated and
that the final disposition of the cremated remains is in accordance with the
instructions contained on the cremation authorization form.
If a crematory authority (i) is in possession of a completed cremation
authorization form that was executed on a pre-need basis,
(ii) is in possession of the designated human remains, and (iii) has received
payment for the cremation of the human remains and the final disposition of
the cremated remains or is otherwise assured of payment, then the crematory
authority shall be required to cremate the human remains and dispose of
the cremated remains according to the instructions contained on the
cremation authorization form, and may do so without any liability.
(d) Any pre-need contract sold by, or pre-need arrangements made with, a
cemetery, funeral establishment, crematory authority, or any other party
that includes a cremation shall specify the final disposition of the cremated
remains, in accordance with Section 40. In the event that no different or
inconsistent instructions are provided to the crematory authority by the
authorizing agent at the time of death, the crematory authority shall be
authorized to release or dispose of the cremated remains as indicated in the
pre-need agreement. Upon compliance with the terms of the pre-need
agreement, the crematory authority shall be discharged from any legal
obligation concerning the cremated remains. The pre-need agreement shall be kept as a permanent record by the crematory authority.
(e) This Section shall not apply to any cremation authorization
form or pre-need contract executed prior to the effective date of this Act.
Any cemetery, funeral establishment, crematory authority, or other
party, however, with the written approval of the authorizing agent or person
who executed the pre-need contract, may designate that the cremation
authorization form or pre-need contract shall be subject to this Act.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
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(410 ILCS 18/70)
(Section scheduled to be repealed on January 1, 2029)
Sec. 70.
Employment of funeral director by crematory authority.
(a) A crematory authority shall be permitted to enter into a contract
with a funeral director or funeral business for the purpose of arranging
cremations on an at-need basis with the general public, transporting human
remains to the crematory, and processing all necessary paperwork.
(b) No aspect of this Act shall be construed to require a licensed funeral
director to perform any functions not otherwise required by law to be performed
by a licensed funeral director.
(Source: P.A. 87-1187.)
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(410 ILCS 18/75)
(Section scheduled to be repealed on January 1, 2029)
Sec. 75.
Scope of Act.
This Act shall be construed and interpreted as a
comprehensive cremation statute, and the provisions of this Act shall take
precedence over any existing laws containing provisions applicable to
cremation, but that do not specifically or comprehensively address cremation.
(Source: P.A. 87-1187.)
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(410 ILCS 18/80)
(Section scheduled to be repealed on January 1, 2029) Sec. 80. Record of proceedings; transcript. The Comptroller, at its expense, shall preserve a record of all proceedings at the formal hearing of any case. Any notice of hearing, complaint, all other documents in the nature of pleadings, written motions filed in the proceedings, the transcripts of testimony, the report of the hearing officer, and orders of the Comptroller shall be in the record of the proceeding. The Comptroller shall furnish a transcript of such record to any person interested in such hearing upon payment of a reasonable fee.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
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(410 ILCS 18/85) (Section scheduled to be repealed on January 1, 2029) Sec. 85. Subpoenas; depositions; oaths. The Comptroller has the power to subpoena documents, books, records or other materials and to bring before it any person and to take testimony either orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed in civil cases in the courts of this State. The Comptroller, the designated hearing officer, or any qualified person the Comptroller may designate has the power to administer oaths to witnesses at any hearing that the Comptroller is authorized to conduct, and any other oaths authorized in any Act administered by the Comptroller. Every person having taken an oath or affirmation in any proceeding or matter wherein an oath is required by this Act, who shall swear willfully, corruptly and falsely in a matter material to the issue or point in question, or shall suborn any other person to swear as aforesaid, shall be guilty of perjury or subornation of perjury, as the case may be and shall be punished as provided by State law relative to perjury and subornation of perjury.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.) |
(410 ILCS 18/87) (Section scheduled to be repealed on January 1, 2029) Sec. 87. Findings and recommendations. At the conclusion of
the hearing, the hearing officer shall present to the Comptroller a written report of its findings of fact, conclusions of law, and recommendations. The report shall contain a finding whether or not the accused person violated this Act or its rules or failed to comply with the conditions required in this Act or its rules. The hearing officer shall specify the nature of any violations or failure to comply and shall make recommendations to the Comptroller. In making recommendations for any disciplinary actions, the hearing officer may take into consideration all facts and circumstances bearing upon the reasonableness of the conduct of the accused and the potential for future harm to the public, including but not limited to, previous discipline of the accused by the Comptroller, intent, degree of harm to the public and likelihood of harm in the future, any restitution made by the accused, and whether the incident or incidents contained in the complaint appear to be isolated or represent a continuing pattern of conduct. In making its recommendations for discipline, the hearing officer shall endeavor to ensure that the severity of the discipline recommended is reasonably related to the severity of the violation. The report of findings of fact, conclusions of law, and recommendation of the hearing officer shall be the basis for the Comptroller's order refusing to issue, restore, place on probation, fine, suspend, revoke a license, or otherwise disciplining a licensee. If the Comptroller disagrees with the recommendations of the hearing officer, the Comptroller may issue an order in contravention of the hearing officer's recommendations. The finding is not admissible in evidence against the person in a criminal prosecution brought for a violation of this Act, but the hearing and finding are not a bar to a criminal prosecution brought for a violation of this Act.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.) |
(410 ILCS 18/88) (Section scheduled to be repealed on January 1, 2029) Sec. 88. Rehearing. At the conclusion of the hearing, a copy of the hearing officer's report shall be served upon the applicant or licensee by the Comptroller, either personally or as provided in this Act. Within 20 days after service, the applicant or licensee may present to the Comptroller a motion in writing for a rehearing, which shall specify the particular grounds for rehearing. The Comptroller may respond to the motion for rehearing within 20 days after its service on the Comptroller. If no motion for rehearing is filed, then upon the expiration of the time specified for filing such a motion, or if a motion for rehearing is denied, then upon denial, the Comptroller may enter an order in accordance with recommendations of the hearing officer except as provided in Section 89 of this Act. If the applicant or licensee orders from the reporting service and pays for a transcript of the record within the time for filing a motion for rehearing, the 20-day period within which a motion may be filed shall commence upon the delivery of the transcript to the applicant or licensee.
(Source: P.A. 97-679, eff. 2-6-12; 98-463, eff. 8-16-13.) |
(410 ILCS 18/89) (Section scheduled to be repealed on January 1, 2029) Sec. 89. Comptroller; rehearing. Whenever the Comptroller believes that substantial justice has not been done in the revocation, suspension, or refusal to issue or restore a license or other discipline of an applicant or licensee, he or she may order a rehearing by the same or other hearing officers.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.) |
(410 ILCS 18/90) (Section scheduled to be repealed on January 1, 2029) Sec. 90. Order or certified copy; prima facie proof. An order or certified copy thereof, over the seal of the Comptroller and purporting to be signed by the Comptroller, is prima facie proof that: (a) the signature is the genuine signature of the | ||
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(b) the Comptroller is duly appointed and qualified; | ||
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(c) the hearing officer is qualified to act.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.) |
(410 ILCS 18/91) (Section scheduled to be repealed on January 1, 2029) Sec. 91. Civil action and civil penalties. In addition to
the other penalties and remedies provided in this Act, the Comptroller may bring a civil action in the county of residence of the licensee or any other person to enjoin any violation or threatened violation of this Act. In addition to any other penalty provided by law, any person who violates this Act shall forfeit and pay a civil penalty to the Comptroller in an amount not to exceed $5,000 for each violation as determined by the Comptroller. The civil penalty shall be assessed by the Comptroller in accordance with the provisions of this Act. Any civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record. All moneys collected under this Section shall be deposited with the Comptroller.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.) |
(410 ILCS 18/92) (Section scheduled to be repealed on January 1, 2029) Sec. 92. Consent order. At any point in any investigation or disciplinary proceedings as provided in this Act, both parties may agree to a negotiated consent order. The consent order shall be final upon signature of the Comptroller.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.) |
(410 ILCS 18/93) (Section scheduled to be repealed on January 1, 2029) Sec. 93. Illinois Administrative Procedure Act; application. The Illinois Administrative Procedure Act is expressly adopted and incorporated in this Act as if all of the provisions of that Act were included in this Act, except that the provision of paragraph (d) of Section 10-65 of the Illinois Administrative Procedure Act, which provides that at hearings the licensee has the right to show compliance with all lawful requirements for retention or continuation of the license, is specifically excluded. For the purpose of this Act, the notice required under Section 10-25 of the Illinois Administrative Procedure Act is considered sufficient when mailed to the address of record.
(Source: P.A. 96-863, eff. 3-1-12.) |
(410 ILCS 18/94) (Section scheduled to be repealed on January 1, 2029) Sec. 94. Summary suspension of a license. The Comptroller may summarily suspend a license of a licensed crematory without a hearing, simultaneously with the institution of proceedings for a hearing provided for in this Act, if the Comptroller finds that evidence in the Comptroller's possession indicates that the licensee's continued practice would constitute an imminent danger to the public. In the event that the Comptroller summarily suspends the license of a licensed crematory without a hearing, a hearing must be commenced within 30 days after the suspension has occurred and concluded as expeditiously as practical. In the event of a summary suspension, the county coroner or medical examiner responsible for the area where the crematory is located shall make arrangements to dispose of any bodies in the suspended licensee's possession after consulting with the authorizing agents for those bodies.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.) |
(410 ILCS 18/95) (Section scheduled to be repealed on January 1, 2029) Sec. 95. Home rule. The regulation of crematories and crematory authorities as set forth in this Act is an exclusive power and function of the State. A home rule unit may not regulate crematories or crematory authorities. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 96-863, eff. 3-1-12.) |
(410 ILCS 18/100)
(Section scheduled to be repealed on January 1, 2029)
Sec. 100.
Effective date.
This Act takes effect January 1, 1993.
(Source: P.A. 87-1187.)
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