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90_HB3493 New Act 5 ILCS 80/4.12 from Ch. 127, par. 1904.12 5 ILCS 80/4.18 225 ILCS 310/Act rep. Creates the Interior Design Practice and Residential Interior Design Title Act, repeals the Interior Design Profession Title Act, and amends the Regulatory Agency Sunset Act. Creates the Interior Design Practice and Residential Interior Design Title Act to regulate the practice of interior design through licensing and registration requirements. Repealed January 1, 2008. LRB9011549JSdv LRB9011549JSdv 1 AN ACT to create the Interior Design Practice and 2 Residential Interior Design Title Act and repeal the Interior 3 Design Profession Title Act, amending named Acts. 4 Be it enacted by the People of the State of Illinois, 5 represented in the General Assembly: 6 Section 1. Short title. This Act may be cited as the 7 Interior Design Practice and Residential Interior Design 8 Title Act. 9 Section 5. Declaration of public policy. The profession 10 of interior design, as defined in this Act, in the State of 11 Illinois is hereby declared to affect the public health, 12 safety and welfare and to be subject to regulation and 13 control in the public interest. It is further declared to be 14 a matter of public interest and concern that the practice of 15 interior design, as defined in this Act, merit and receive 16 the confidence of the public, and that only qualified persons 17 be authorized to practice interior design and be permitted to 18 use the title of residential interior designer in the State 19 of Illinois. This Act shall be liberally construed to best 20 carry out these subjects and purposes. 21 Section 10. Definitions. As used in this Act: 22 (a) "Board" means the Interior Design Licensing and 23 Registration Board appointed by the Director. 24 (b) "Common area" means an area intended to be used by 25 all tenants and owners in a multiple residence, including but 26 not limited to a lobby, elevator, hallway, laundry room, 27 swimming pool, storage room, or recreation area. 28 (c) "Department" means the Department of Professional 29 Regulation. 30 (d) "Director" means the Director of Professional -2- LRB9011549JSdv 1 Regulation. 2 (e) "Family" means one or more persons who are living 3 together in a single dwelling and maintaining a common 4 household. 5 (f) "Interior alteration" means any modification or 6 renovation which involves or includes, but is not limited to, 7 change in the physical state of permanent fixtures or 8 equipment, remodeling, renovation, rehabilitation, historic 9 preservation, reconstruction, restoration, and improvements, 10 ordinary repairs, changes in design function or layout of 11 rooms, assessments, rearrangement and verification of code 12 compliance of interior exit provisions, and major interior 13 office systems furniture rearrangements, as they pertain to 14 the interior areas of a structure, but specifically excluding 15 changes to the structural envelope, or mechanical, 16 electrical, plumbing, and fire protection changes, routine 17 maintenance and repairs, redecoration, minor mechanical and 18 electrical systems alterations, replacement of plumbing 19 piping or valves, or minor rearrangement of interior office 20 systems furniture. 21 (g) "Interior construction documents" means designs, 22 drawings, and specifications which establish the scope of the 23 interior build-out to be constructed, the standard of quality 24 for materials, workmanship, equipment, and construction 25 systems and methods, and studies and other technical reports 26 prepared in the course of interior design. 27 (h) "Interior design project" means the provision of 28 professional services for the purpose of creating an interior 29 space that satisfies the functional and aesthetic 30 requirements of an area within a structure, including all 31 elements of design theory, programming, planning, pre-design 32 analysis, conceptual design, selection of materials and 33 finishes, interior construction documentation, selection of 34 furniture, fixture and equipment, interior life safety (as -3- LRB9011549JSdv 1 defined under this Act), review, analysis and interpretation 2 of codes and standards, project administration and 3 representation, and interior construction observation in 4 conjunction with the construction of any interior space 5 within a proposed or existing structure, building, project, 6 or addition, alteration, or restoration thereto, but 7 specifically excluding structural changes or alterations to 8 previously determined core enclosures, alterations to 9 building entry ingress or egress conditions which constitute 10 horizontal or vertical fire exitways, fire 11 compartmentalization, or areas of refuge, including any 12 access point to the structure used for the purpose of 13 entering or exiting the building, the approach walk, the 14 vertical access leading to the entrance platform, and entry 15 doors or gates and their related hardware, except for egress 16 or ingress analysis and resolution within the interior space 17 of the building, including horizontal fire exitways leading 18 to predetermined vertical fire exitways. 19 (i) "Interior designer" means a person who is qualified 20 by education, training, experience and examination and who is 21 licensed under the laws of this State to practice the 22 profession of interior design. 23 (j) "Interior life safety", as it pertains to an 24 interior design project, means the analysis, development, 25 interpretation and review of space plans, interior 26 construction components and the aggregate employment of those 27 components to constitute an assembly, materials, finishes, 28 and furniture, fixture and equipment selections for 29 compliance with regulatory building code provisions which, 30 when applied collectively, provide comprehensive safety 31 features to eliminate, reduce, or control life or health 32 threatening situations in the interior environments of a 33 proposed or existing structure or building, but specifically 34 excluding structural changes or alterations to previously -4- LRB9011549JSdv 1 determined core enclosures, alterations to building entry 2 ingress or egress conditions which constitute horizontal or 3 vertical fire exitways, fire compartmentalization, or areas 4 of refuge, including any access point to the structure used 5 for the purpose of entering or exiting the building, the 6 approach walk, the vertical access leading to the entrance 7 platform, and entry doors or gates and their related 8 hardware, but specifically not excluding egress or ingress 9 analysis and resolution within the interior space of the 10 building including horizontal fire exitways leading to 11 predetermined vertical fire exitways. 12 (k) "Multiple residence" means a building containing 2 13 or more living units with independent cooking and bathroom 14 facilities whether designated as an apartment house, 15 condominium, co-op, tenement, garden apartment, or any other 16 name. 17 (l) "Profession of interior design", within the meaning 18 and intent of this Act, includes persons qualified by 19 education, experience, training and examination, who 20 administer contracts for fabrication, procurement, or 21 installation in the implementation of designs, drawings, and 22 specifications for any interior design project and offer and 23 furnish professional services, such as consultations, 24 studies, drawings, space planning, and specifications in 25 connection with the type and location of lighting fixtures 26 and lamps, interior finishes, furniture, furnishings, 27 equipment floor coverings, wall coverings, and other 28 specifications for the fabrication of non-loadbearing 29 interior construction elements within and surrounding 30 interior spaces of buildings, but specifically excluding 31 mechanical, electrical, structural, plumbing, and fire 32 protection systems, except for specifications of fixtures 33 and devices and their location within interior spaces. 34 (m) "Public member" means a person who is not an -5- LRB9011549JSdv 1 interior designer, educator in the field, architect, 2 structural engineer, or professional engineer. 3 (n) "Residential interior designer" means a person who 4 is registered under this Act to provide interior design 5 services for private single family dwellings, including 6 private single family residences or dwellings within a 7 multiple residence, excluding common areas. 8 A person represents himself or herself to be a 9 "residential interior designer" within the meaning of this 10 Act if he or she holds himself or herself out to the public 11 by any title incorporating the words "residential interior 12 design", "residential interior designer". 13 (o) "Space planning" means translating project or client 14 requirements into a physical plan of space within a proposed 15 or existing structure, organizing major rooms, areas, 16 furniture, fixtures and equipment, determining internal 17 circulation systems and patterns and the location of internal 18 exit requirements based on occupancy loads, life safety 19 factors, and state and local building codes, but 20 specifically excluding building core elements, any access 21 point to the structure used for the purpose of entering or 22 exiting a building, an approach walk, a vertical access 23 leading to the entrance platform, areas of refuge, and the 24 entry doors or gates and their related hardware. 25 Section 15. Licensure and registration; authorized 26 activities. No individual shall, without a license as an 27 interior designer issued by the Department, in any manner 28 practice interior design or hold himself or herself out to 29 the public as an interior designer or attach the title 30 "interior designer" or any other name or designation which 31 would in any way imply that he or she is able to use the 32 title "interior designer" as defined in this Act. No 33 individual shall, without a certificate of registration as a -6- LRB9011549JSdv 1 residential interior designer issued by the Department, in 2 any manner practice residential interior design or hold 3 himself or herself out to the public as a residential 4 interior designer, or use the title "residential interior 5 designer" or any name or designation that would in any way 6 imply that he or she is able to use the title "residential 7 interior designer" as defined in this Act. 8 Nothing in this Act shall be deemed or construed to 9 prevent the practice of structural engineering as defined in 10 the Structural Engineering Licensing Act of 1989, the 11 practice of architecture as defined in the Illinois 12 Architecture Practice Act of 1989, the practice of 13 professional engineering as defined in the Professional 14 Engineering Practice Act of 1989, or prevent the offering or 15 preparation of environmental analysis, feasibility studies, 16 programming or construction management services by persons 17 other than those licensed in accordance with this Act, the 18 Structural Engineering Licensing Act of 1989, the 19 Professional Engineering Practice Act of 1989 or the Illinois 20 Architecture Practice Act of 1989. This Act is intended to 21 replace the Interior Design Profession Title Act. 22 Nothing contained in this Act shall prevent draftpersons, 23 students, project representatives and other employees of 24 those lawfully practicing as licensed interior designers 25 under the provisions of this Act, from acting under the 26 direct supervision and control of their employers, or to 27 prevent the employment of project representatives for 28 modification, enlargement or alteration of the interior space 29 of buildings or any parts thereof, as allowed under this Act, 30 or prevent such project representatives from acting under the 31 direct supervision and control of the licensed interior 32 designer who prepared the construction documents, including 33 drawings and specifications of any such interior space of a 34 building or modification or alteration thereof. -7- LRB9011549JSdv 1 Nothing in this Act or any other Act shall prevent a 2 licensed architect under the Illinois Architecture Practice 3 Act of 1989 from practicing or providing interior design 4 services or from using the title "residential interior 5 designer". Nothing in this Act shall be construed as 6 requiring the services of an interior designer for the 7 interior design of an existing single family residence 8 whether detached or part of a multiple residence. 9 Nothing in this Act shall be construed as preventing or 10 restricting any of the following: 11 (a) the building, remodeling or repairing of any 12 building or other structure outside of the corporate 13 limits of any city or village, if that building or 14 structure is to be or is used for residential or farm 15 purposes or for the purposes of outbuildings or auxiliary 16 buildings in connection with a residence or farm; 17 (b) the construction, remodeling or repairing of a 18 single family residence whether detached or part of a 19 multiple residence; or 20 (c) the construction, remodeling or repairing of a 21 two-family residence of wood frame construction on a 22 single lot, not more than two stories and basement in 23 height. 24 However, all buildings not included in the preceding 25 paragraphs (a) through (c), including multi-family buildings 26 and buildings previously exempt under those paragraphs but 27 subsequently nonexempt due to a change in occupancy or use, 28 are subject to the requirements of this Act. 29 This Act does not apply to interior decorators or 30 individuals offering interior decorating services, including 31 but not limited to the selection of surface materials, window 32 treatments, wall coverings, furniture, accessories, floor 33 coverings, and lighting fixtures; or builders, home 34 furnishings salespersons, and similar purveyors of goods and -8- LRB9011549JSdv 1 services relating to homemaking. 2 Section 20. Powers and duties of the Department. 3 Subject to the provisions of this Act, the Department shall: 4 (1) Conduct examinations to ascertain the 5 qualifications and fitness of applicants for licensure as 6 licensed interior designers, and pass upon the 7 qualifications and fitness of applicants for licensure by 8 endorsement. 9 (2) Adopt rules for a method of examination of 10 candidates for licensure as interior designers. 11 (3) Adopt rules defining what constitutes a school, 12 college, university, department of a university, or other 13 institution, that is reputable and in good standing, and 14 determine whether or not a school, college, university, 15 department of a university, or other institution is 16 reputable and in good standing by reference to a 17 compliance with such rules, and terminate the approval of 18 such school, college, university, department of a 19 university or other institution that refuses admittance 20 to applicants solely on the basis of race, color, creed, 21 sex or national origin. The Department may adopt, as its 22 own rules relating to education requirements, those 23 guidelines which may be published from time to time by 24 the National Council for Interior Design Qualifications. 25 (4) Adopt rules for diversified professional 26 training. The Department may adopt, as its own rules 27 relating to diversified professional training for 28 licensed interior designers, those guidelines which may 29 be published from time to time by the National Council 30 for Interior Design Qualification. 31 (5) Conduct oral interviews, disciplinary 32 conferences and formal evidentiary hearings on 33 proceedings to impose fines or to suspend, revoke, place -9- LRB9011549JSdv 1 on probationary status, reprimand, and refuse to issue or 2 restore any license or certificate of registration issued 3 under the provisions of this Act for the reasons set 4 forth in Section 85 of this Act. 5 (6) Issue licenses to those who meet the 6 requirements of this Act pertaining to interior 7 designers. 8 (7) Conduct or authorize examinations to ascertain 9 the fitness and qualifications of applicants for 10 registration as residential interior designers. 11 (8) Adopt rules for a method of examination of 12 candidates for registration as residential interior 13 designers. 14 (9) Issue certificates of registration to persons 15 meeting the requirements of this Act pertaining to 16 residential interior designers. 17 (10) Adopt rules necessary or appropriate to carry 18 out the provisions of this Act. 19 Section 25. Creation of the Board. The Director shall 20 appoint an Interior Design Licensing and Registration Board 21 which shall consist of 6 members. Three members shall be 22 licensed interior designers or, with respect to the initial 23 appointments under this Section, persons qualified to be 24 licensed as interior designers, residing in this State, who 25 have been engaged in the practice of interior design at 26 least 10 years. Two members shall be registered residential 27 interior designers or, with respect to the initial 28 appointments, persons qualified to be registered as 29 residential interior designers, residing in this State who 30 have practiced residential interior design at least 10 years. 31 In addition to the 3 licensed interior designers and 2 32 registered residential interior designers, there shall be one 33 public member. The public member shall be a voting member -10- LRB9011549JSdv 1 but shall not hold a license as an interior designer, 2 architect, professional engineer, structural engineer or land 3 surveyor, or hold a certificate of registration as a 4 residential interior designer, or have a significant 5 financial interest in the design or construction service or 6 profession. 7 Board members shall serve 5 year terms until their 8 successors are appointed and qualified. For the initial 9 appointments made under this Act, however, 3 members shall be 10 appointed to serve for a period of one year, 2 members shall 11 be appointed to serve for a period of 3 years, and one member 12 shall be appointed for a period of 5 years. The public 13 member shall be appointed to an initial term of 5 years. No 14 member shall be reappointed to the Board for a term which 15 would cause his or her continuous service on the Board to be 16 longer than 10 successive years. Service prior to the 17 effective date of this Act shall not be considered. 18 The membership of the Board should reasonably reflect 19 representation from the geographic areas in this State. 20 In making appointments to the Board, the Director shall 21 give due consideration to recommendations by national and 22 State organizations of the interior design profession and 23 shall promptly give due notice to such organizations of any 24 vacancy in the membership of the Board. 25 The Director may terminate the appointment of any member 26 for any cause which in the opinion of the Director reasonably 27 justifies such termination. 28 A vacancy in the membership of the Board shall not impair 29 the right of a quorum to exercise all of the rights and 30 perform all of the duties of the Board. 31 Each member of the Board shall receive as compensation a 32 reasonable sum as determined by the Director for each day 33 actually engaged in the duties of his or her office, and for 34 all legitimate and necessary expenses incurred in attending a -11- LRB9011549JSdv 1 meeting of the Board. 2 Appointments to fill vacancies shall be made in the same 3 manner as original appointments, for the unexpired portion of 4 the vacated term. 5 Four members shall constitute a quorum of Board members. 6 The Chairman shall only vote on matters to come before the 7 Board in the case of a tie vote. 8 Notice of proposed rulemaking shall be transmitted to the 9 Board and the Department shall review the response of the 10 Board and any recommendations in the response. The 11 Department may, at any time, seek the expert advice and 12 knowledge of the Board on any matter relating to the 13 administration or enforcement of this Act. 14 Members of the Board shall be immune from suit in any 15 action based upon any disciplinary proceedings or other 16 activities performed in good faith as members of the Board. 17 Section 30. Powers and duties of the Board. 18 (a) The Board shall hold at least 3 regular meetings 19 each year. 20 (b) The Board shall annually elect a chairperson who 21 shall be a licensed interior designer. 22 (c) The Board, upon request by the Department, may make 23 a curriculum evaluation to determine if courses conform to 24 the requirements of approved interior design and residential 25 interior design programs. 26 (d) The Board shall assist the Department in conducting 27 oral interviews, disciplinary conferences and formal 28 evidentiary hearings. 29 (e) The Board may appoint a subcommittee to serve as a 30 Complaint Committee to recommend the disposition of case 31 files according to the procedures established by rule of the 32 Department. 33 (f) The Board shall review applicant qualifications to -12- LRB9011549JSdv 1 sit for the examination or for licensure or registration and 2 shall make recommendations to the Department. The Department 3 shall review the Board's recommendations on applicant 4 qualifications. The Director shall notify the Board in 5 writing with an explanation of any deviation from the Board's 6 recommendation on applicant qualifications. After review of 7 the Director's written explanation of his or her reasons for 8 deviation, the Board shall have the opportunity to comment 9 upon the Director's decision. 10 Section 35. Application for an original license or 11 certificate of registration. 12 (a) Each applicant for licensure or registration shall 13 apply to the Department in writing on a form provided by the 14 Department. 15 (b) Except as otherwise provided in this Act, each 16 applicant shall take and pass an examination approved by the 17 Department. Any person who is of good moral character, and 18 is a citizen of the United States or any of its territories 19 or a lawfully admitted alien, may take an examination for 20 licensure or registration if he or she is a graduate from a 21 program deemed satisfactory by the Department and has 22 completed any diversified professional training, including 23 academic training, that is required by rule of the 24 Department. 25 As used in this subsection "good moral character" means 26 such character as will enable a person to discharge the 27 fiduciary duties of an interior designer or residential 28 interior designer to that person's client and to the public 29 in a manner that protects health, safety and welfare. 30 Evidence of inability to discharge such duties may include 31 the commission of an offense justifying discipline under 32 Section 85. In addition, the Department may take into 33 consideration any felony conviction of the applicant, but -13- LRB9011549JSdv 1 such a conviction shall not operate as an absolute bar to 2 qualification for examination for licensure. 3 (c) Each applicant shall have obtained the education and 4 experience as required under this Act. 5 (d) Each applicant for licensure or registration who 6 possesses the necessary qualifications shall pay to the 7 Department a nonrefundable license or registration fee which 8 the Department shall determine by rule. 9 (e) Upon payment of the required fee, an applicant who 10 is an architect licensed under the laws of this State may, 11 without examination, be granted licensure as an interior 12 designer or registration as a residential interior designer 13 by the Department provided the applicant submits proof that 14 he or she is then currently licensed to practice architecture 15 under the Illinois Architecture Practice Act of 1989. 16 (f) A person who is registered as an interior designer 17 under the Interior Design Profession Title Act on the 18 effective date of this Act shall be deemed to have a license 19 under this Act for the 18 months immediately following the 20 effective date of this Act. 21 A person registered as a residential interior designer 22 under the Interior Design Profession Title Act on the 23 effective date of this Act shall be deemed to have a 24 certificate of registration under this Act for the 18 months 25 immediately following the effective date of this Act. 26 Section 40. Minimum standards for licensure as an 27 interior designer. 28 (a) Prior to licensure, each applicant shall provide 29 substantial evidence to the Board that the applicant: 30 (1) is a graduate of a 5 year interior design 31 program from an accredited institution and has completed 32 at least 2 years of full time diversified interior design 33 experience; -14- LRB9011549JSdv 1 (2) is a graduate of a 4 year interior design 2 program from an accredited institution and has completed 3 at least 2 years of full time diversified interior design 4 experience; 5 (3) has completed at least 3 years of interior 6 design curriculum from an accredited institution and has 7 completed 3 years of full time diversified interior 8 design experience; or 9 (4) is a graduate of a 2 year interior design 10 program from an accredited institution and has completed 11 4 years of full time diversified interior design 12 experience or has successfully completed the National 13 Council for Interior Design Qualifications examination or 14 its equivalent as determined by the Department. 15 (b) In addition to meeting the requirements of 16 subsection (a), each applicant shall provide substantial 17 evidence to the Board that he or she has successfully 18 completed the examination administered by the National 19 Council for Interior Design Qualifications or its equivalent. 20 Examinations for applicants under this Act may be held at 21 the direction of the Department from time to time but not 22 less than annually. The scope and form of the examination 23 shall conform to the National Council for Interior Design 24 Qualifications examination or its equivalent as determined by 25 the Department. The Board may adopt all or part of the 26 examination and grading procedures of the National Council 27 for Interior Design Qualifications or its equivalent. 28 A person registered as an interior designer under the 29 provisions of the Interior Design Profession Title Act as of 30 the effective date of this Act may satisfy this examination 31 requirement by providing substantial evidence within 18 32 months of the effective date of this Act that he or she has 33 successfully completed the "Codes and Barrier Free" portion 34 of that examination or its equivalent as determined by the -15- LRB9011549JSdv 1 Department. 2 Section 45. Display of license; seal. Every holder of a 3 license as a licensed interior designer shall display it in a 4 conspicuous place in the principal office of the interior 5 designer. 6 Every licensed interior designer shall have a 7 reproducible seal, or facsimile, the print of which shall 8 contain the name of the interior designer, the license 9 number, and the words "Licensed Interior Designer, State of 10 Illinois". The licensed interior designer shall affix the 11 signature, current date, date of license expiration and seal 12 to the first sheet of any bound set or loose sheets of 13 construction documents utilized as contract documents or 14 prepared for the review and approval of any governmental or 15 public authority having jurisdiction by that licensed 16 interior designer or under that licensed interior designer's 17 direct supervision and control. The sheet of construction 18 documents in which the seal is affixed shall indicate those 19 documents or parts thereof for which the seal shall apply. 20 In recognition that interior designers are licensed for 21 the protection of the public health, safety and welfare, all 22 construction documents intended for use in interior 23 construction in this State shall be prepared and administered 24 in accordance with standards of reasonable professional skill 25 and diligence. Care shall be taken to follow the 26 requirements of State statutes and, where applicable, 27 federal, county and municipal building ordinances when 28 preparing the documents. An interior designer is obligated 29 to have detailed professional knowledge of the construction 30 documents that the interior designer seals and to have 31 exercised professional judgment in all interior design 32 matters embodied in those construction documents. 33 For purposes of this Section, "direct supervision and -16- LRB9011549JSdv 1 control" means that the interior designer has exerted 2 sufficient personal supervision, control, and review of the 3 activities of those employed to perform interior design work 4 to ensure that the construction documents produced by those 5 so employed and sealed by the interior designer meet the 6 standards of reasonable professional skill and diligence and 7 are of no lesser quality than if they had been produced 8 personally by the interior designer. Merely reviewing the 9 construction documents produced by others, even if they are 10 licensed, shall not constitute "direct supervision and 11 control" by the interior designer unless the interior 12 designer has actually exercised the supervision and control 13 over the preparation of the construction documents provided 14 for in this Section. 15 Section 50. License and certificate renewal and 16 restoration; military service. The expiration date and 17 renewal period for each license or certificate of 18 registration issued under this Act shall be set by rule. The 19 holder of a license may renew the license during the month 20 preceding the expiration date for the license by paying the 21 required fee. A licensed interior designer who has permitted 22 his or her license to expire or who has had his or her 23 license on inactive status may have the license restored by 24 making application to the Department and filing proof 25 acceptable to the Department of his or her fitness to have 26 the license restored, including sworn evidence certifying to 27 active practice in another jurisdiction satisfactory to the 28 Department, and by paying the required restoration fee. 29 If the person has not maintained an active practice in 30 another jurisdiction satisfactory to the Department, the 31 Board shall determine, by an evaluation program established 32 by rule, that person's fitness to resume active status and 33 may require that person to successfully complete an -17- LRB9011549JSdv 1 examination. 2 Any person whose license has been expired for more than 3 3 years may have his or her license restored by making 4 application to the Department and filing proof acceptable to 5 the Department of his or her fitness to have the license 6 restored, including sworn evidence certifying to active 7 practice in another jurisdiction, and by paying the required 8 restoration fee. 9 However, any person whose license has expired while he or 10 she has been engaged (1) in federal service on active duty 11 with the United States Army, the United States Navy, the 12 Marine Corps, the Air Force, the Coast Guard, or the State 13 Militia called into the service or training of the United 14 States of America, or (2) in training or education under the 15 supervision of the United States prior to induction into the 16 military service, may have his or her license restored or 17 reinstated without paying any lapsed renewal or restoration 18 fee if within 2 years after termination of such service, 19 training or education other than by dishonorable discharge, 20 he or she furnishes the Department with an affidavit to the 21 effect that he or she has been so engaged and that his or her 22 service, training or education has been so terminated. 23 Section 55. Inactive status; restoration. Any licensed 24 interior designer or registered residential interior 25 designer, who notifies the Department in writing on forms 26 prescribed by the Department, may elect to place his or her 27 license or certificate of registration on an inactive status 28 and shall, subject to rules of the Department, be excused 29 from payment of renewal fees until he or she notifies the 30 Department in writing of his or her desire to resume active 31 status. 32 Any licensed interior designer or registered residential 33 interior designer requesting restoration from inactive status -18- LRB9011549JSdv 1 shall be required to pay the current renewal fee and shall 2 have his or her license or certificate restored as provided 3 in Section 50 of this Act. 4 Any licensed interior designer or registered residential 5 interior designer whose license or certificate is in an 6 inactive status shall not practice interior design in the 7 State of Illinois. 8 Section 60. Registration requirements; examination. 9 (a) Prior to registration, each applicant for 10 registration as a residential interior designer shall provide 11 substantial evidence to the Board that the applicant: 12 (1) is a graduate of a 5 year residential interior 13 design program from an accredited institution and has 14 completed at least 2 years of full time diversified 15 residential interior design experience; 16 (2) is a graduate of a 4 year residential interior 17 design program from an accredited institution and has 18 completed at least 2 years of full time diversified 19 interior design experience; 20 (3) has completed at least 3 years of residential 21 interior design curriculum from an accredited institution 22 and has completed 3 years of full time diversified 23 interior design experience; 24 (4) is a graduate of a 2 year residential interior 25 design program from an accredited institution and has 26 completed 4 years of full time diversified interior 27 design experience. 28 (b) In addition to meeting the requirements of 29 subsection (a), each applicant for registration as a 30 residential interior designer must provide substantial 31 evidence that he or she has successfully completed the 32 examination administered by the Council for Qualification of 33 Residential Interior Designers or its equivalent. -19- LRB9011549JSdv 1 Examinations for applicants under this Section may be 2 held at the direction of the Department from time to time but 3 not less than once each year. The scope and form of the 4 examination shall conform to the National Council for 5 Interior Design Qualification examination for interior 6 designers and the Council for Qualification of Residential 7 Interior Designers for residential interior designers. 8 Section 65. Endorsement. The Department may, in its 9 discretion, license as an interior designer, without 10 examination and on payment of the required fee, an applicant 11 who is an interior designer licensed under the laws of 12 another state or territory, if the requirements for licensure 13 in the state or territory in which the applicant was licensed 14 were, at the date of his or her licensure, substantially 15 equivalent to the requirements in force in this State on that 16 date. A person licensed as an interior designer under this 17 Act is authorized to use the title "residential interior 18 designer". 19 Applicants for licensure or registration shall have 3 20 years from the date of application to complete the 21 application process. If the process has not been completed 22 within 3 years, the application shall be denied and the fee 23 forfeited, and the applicant must reapply and meet the 24 requirements in effect at the time of reapplication. 25 Section 70. Fees. The following fees are nonrefundable: 26 (a) Licensure fees. 27 (1) The fee for application for a license is $100. 28 (2) In addition, applicants for any examination are 29 required to pay, either to the Department or to the 30 designated testing service, a fee covering the cost of 31 determining the applicant's eligibility and providing the 32 examination. Failure to appear for the examination on -20- LRB9011549JSdv 1 the scheduled date, at the time and place specified, 2 after the applicant's application for examination has 3 been received and acknowledged by the Department or the 4 designated testing service, shall result in the 5 forfeiture of the examination fee. 6 (3) The fee for a license for an interior designer 7 registered or licensed under the laws of another state or 8 territory of the United States or province is $100. 9 (4) The fee for the renewal of a license shall be 10 $80. 11 (5) The fee for the restoration of a license other 12 than from inactive status is $10 plus payment of all 13 lapsed renewal fees. 14 (6) The fee for application for a license as an 15 interior design corporation or partnership is $75. 16 (7) The fee for renewal of a license or certificate 17 of registration as a professional design firm is $75. 18 (8) The fee for application for a certificate of 19 registration as a residential interior designer is $100. 20 (9) The fee for a certificate of registration as a 21 residential interior designer for a person who is 22 registered or licensed under the laws of another state, 23 territory of the United States or foreign country is 24 $100. 25 (10) The fee for the renewal of a certificate of 26 registration is $80 per year. 27 (11) The fee for the restoration of a certificate 28 of registration other than from inactive status is $20 29 plus payment of all lapsed renewal fees. 30 A person registered as an interior designer or 31 residential interior designer under the Interior Design 32 Profession Title Act on the effective date of this Act, and 33 eligible for licensure or registration under this Act, is 34 exempt from the initial application fee requirement of this -21- LRB9011549JSdv 1 Section. 2 (b) General fees. 3 (1) The fee for the issuance of a duplicate license 4 or certificate of registration, for the issuance of a 5 replacement license or certificate of registration for a 6 license or certificate which has been lost or destroyed 7 or for the issuance of a license or certificate with a 8 change of name or address other than during the renewal 9 period is $20. No fee is required for name and address 10 changes on Department records when no duplicate license 11 or certificate is issued. 12 (2) The fee for a certification of a licensee's or 13 registrant's record for any purpose is $20. 14 (3) The fee for rescoring an examination is the 15 cost to the Department of rescoring the examination, plus 16 any fees charged by the applicable testing service to 17 have the examination rescored. 18 (4) The fee for a wall certificate showing 19 licensure or registration is the actual cost of producing 20 such certificate. 21 (5) The fee for a roster of licensed interior 22 designers or registered residential interior designers in 23 this State is the actual cost of producing such a roster. 24 All of the fees and fines collected pursuant to this 25 Section shall be deposited in the Design Professional 26 Administration and Investigation Fund. 27 Any person who delivers a check or other payment to the 28 Department that is returned to the Department unpaid by the 29 financial institution upon which it is drawn shall pay to the 30 Department, in addition to the amount already owing to the 31 Department, a fine of $50. If the check or other payment was 32 for a renewal or issuance fee and that person practices 33 without paying the renewal fee or issuance fee and the fine 34 due, an additional fine of $100 shall be imposed. The fines -22- LRB9011549JSdv 1 imposed by this Section are in addition to any other 2 disciplinary action taken under this Act for unlicensed or 3 unregistered practice or practice on a nonrenewed license or 4 certificate of registration. The Department shall notify the 5 person that payment of fees and fines shall be paid to the 6 Department by certified check or money order within 30 7 calendar days of the notification. If, after the expiration 8 of 30 days from the date of notification, the person has 9 failed to submit the necessary remittance, the Department 10 shall automatically terminate the license or certificate or 11 deny the application, without hearing. If, after termination 12 or denial, the person seeks a license or certificate, he or 13 she shall apply to the Department for restoration of the 14 license or certificate and pay all fees and fines due to the 15 Department. The Department may establish a fee for the 16 processing of an application for restoration of a license or 17 certificate to pay all expenses of processing this 18 application. The Director may waive the fines due under this 19 Section in individual cases where the Director finds that the 20 fines would be unreasonable or unnecessarily burdensome. 21 Section 75. Roster of licensees and registrants. A 22 roster showing the names and addresses of all interior 23 designers and professional design firms licensed or 24 registered under this Act shall be prepared by the Department 25 each year. This roster shall be available upon written 26 request and payment of the required fee. 27 Section 80. Professional design firm registration; 28 conditions. 29 (a) Nothing in this Act shall prohibit the formation, 30 under the provisions of the Professional Service Corporation 31 Act, of a corporation to practice interior design. 32 Any business not formed under the provisions of the -23- LRB9011549JSdv 1 Professional Service Corporation Act and not registered as 2 such with the Department, and which includes the practice of 3 interior design within its stated purposes, practices, or 4 holds itself out as available to practice interior design, 5 shall register with the Department under this Section. Any 6 professional service corporation, sole proprietorship, or 7 professional design firm offering interior design services 8 must have a resident licensed interior designer overseeing 9 the interior design practices at each location that interior 10 design services are provided. 11 Any sole proprietorship not owned and operated by an 12 Illinois licensed design professional shall be prohibited 13 from offering interior design services to the public. 14 "Illinois licensed design professional" means a person who 15 holds an active license as an interior designer under this 16 Act, as an architect under the Illinois Architecture Practice 17 Act of 1989, as a structural engineer under the Structural 18 Engineering Licensing Act of 1989, or as a professional 19 engineer under the Professional Engineering Practice Act of 20 1989. Any sole proprietorship owned and operated by an 21 interior designer with an active license issued under this 22 Act is exempt from the registration requirements of a 23 professional design firm. 24 (b) Any corporation, partnership, or professional design 25 firm seeking to be registered under this Section shall not be 26 registered unless the person having the interior design 27 practice in this State in his or her charge is (a) a managing 28 agent in the case of a corporation, a general partner in the 29 case of a partnership, or a member in the case of a limited 30 liability company, and (b) holds a license under this Act. 31 Any corporation, limited liability company, professional 32 service corporation, or partnership qualifying for 33 registration under this Section and practicing in this State 34 shall file with the Department any information concerning its -24- LRB9011549JSdv 1 officers, directors, members, managers, partners or 2 beneficial owners as the Department may, by rule, require. 3 (c) No business shall practice or hold itself out as 4 available to practice interior design until it is registered 5 with the Department. 6 (d) Any business seeking to be registered under this 7 Section shall make application on a form provided by the 8 Department and shall provide any information requested by the 9 Department, which shall include but shall not be limited to 10 all of the following: 11 (1) The name and interior designer's license number 12 of at least one person designated as the managing agent 13 in responsible charge of the practice of interior design 14 in Illinois. In the case of a corporation, the 15 corporation shall also submit a certified copy of the 16 resolution by the board of directors designating at least 17 one managing agent. If a limited liability company, the 18 company shall submit a certified copy of either its 19 articles of organization or operating agreement 20 designating the managing agent. 21 (2) The names and interior designer's, professional 22 engineer's, architect's, or structural engineer's license 23 numbers of the directors, in the case of a corporation, 24 the members, in the case of a limited liability company, 25 or general partners, in the case of a partnership. 26 (3) A list of all locations at which the 27 professional design firm provides interior design 28 services. 29 (4) A list of all assumed names of the business. 30 Nothing in this Section shall be construed to exempt a 31 business from compliance with the requirements of the 32 Assumed Business Name Act. 33 It is the responsibility of the professional design firm 34 to provide the Department notice in writing of any changes in -25- LRB9011549JSdv 1 the information requested on the application. 2 (e) In the event a managing agent is terminated or 3 terminates his or her status as managing agent of the 4 professional design firm, the managing agent and professional 5 design firm shall notify the Department of this fact in 6 writing, by certified mail, within 10 business days of 7 termination. 8 Thereafter, the professional design firm, if it has so 9 informed the Department, has 30 days in which to notify the 10 Department of the name and interior designer's license number 11 of the interior designer who is the newly designated managing 12 agent. If a corporation, the corporation shall also submit a 13 certified copy of a resolution by the board of directors 14 designating the new managing agent. If a limited liability 15 company, the company shall also submit a certified copy of 16 either its articles of organization or operating agreement 17 designating the new managing agent. The Department may, upon 18 good cause shown, extend the original 30 day period. 19 If the professional design firm has not notified the 20 Department in writing, by certified mail within the specified 21 time, the registration shall be terminated without prior 22 hearing. Notification of termination shall be sent by 23 certified mail to the last known address of the business. If 24 the professional design firm continues to operate and offer 25 interior design services after the termination, the 26 Department may seek disciplinary action and prosecution under 27 Sections 85 and 155 of this Act for the unlicensed practice 28 of interior design. 29 (f) No professional design firm shall be relieved of 30 responsibility for the conduct or acts of its agents, 31 employees, or officers by reason of its compliance with this 32 Section, nor shall any individual practicing interior design 33 be relieved of the responsibility for professional services 34 performed by reason of the individual's employment or -26- LRB9011549JSdv 1 relationship with a professional design firm registered under 2 this Section. 3 (g) Disciplinary action against a professional design 4 firm registered under this Section shall be administered in 5 the same manner and on the same grounds as disciplinary 6 action against a licensed interior designer. 7 Section 85. Refusal, suspension and revocation of 8 licenses; or certificates of registration; causes. 9 (a) The Department may refuse to issue, renew or 10 restore, or may suspend or revoke any license or certificate 11 of registration, or may place on probation, reprimand, or 12 fine, with a civil penalty not to exceed $10,000 for each 13 violation, any person, corporation, or partnership, or 14 professional design firm licensed or registered under this 15 Act for any of the following reasons: 16 (1) material misstatement in furnishing information 17 to the Department; 18 (2) negligence, incompetence or misconduct in the 19 practice of interior design; 20 (3) failure to comply with any of the provisions of 21 this Act or rules adopted pursuant to this Act; 22 (4) making any misrepresentation for the purpose of 23 obtaining licensure or registration; 24 (5) purposefully making false statements or signing 25 false statements, certificates or affidavits to induce 26 payment; 27 (6) conviction of any crime under the laws of the 28 United States, or any state or territory thereof, which 29 is a felony, whether related to the practice of interior 30 design or not; or conviction of any crime, whether a 31 felony, misdemeanor, or otherwise, an essential element 32 of which is dishonesty, wanton disregard for the rights 33 of others, or which is directly related to the practice -27- LRB9011549JSdv 1 of interior design; 2 (7) aiding or assisting another person in violating 3 any provision of this Act or its rules; 4 (8) signing, affixing the licensed interior 5 designer's seal or permitting the interior designer's 6 seal to be affixed to any construction documents not 7 prepared by the interior designer or under that interior 8 designer's direct supervision and control; 9 (9) engaging in dishonorable, unethical or 10 unprofessional conduct of a character likely to deceive, 11 defraud or harm the public; 12 (10) habitual intoxication or addiction to the use 13 of drugs; 14 (11) making a statement of compliance pursuant to 15 the Environmental Barriers Act that construction 16 documents prepared by the licensed interior designer or 17 prepared under the licensed interior designer's direct 18 supervision and control for construction or alteration of 19 an occupancy required to be in compliance with the 20 Environmental Barriers Act are in compliance with the 21 Environmental Barriers Act when such construction 22 documents are not in compliance; 23 (12) a finding by the Board that a license or 24 registrant, whose license or certificate of registration 25 has been placed on probationary status, has violated the 26 terms of probation; 27 (13) discipline by another state, territory, 28 foreign country, the District of Columbia, the United 29 States government, or any government agency, if at least 30 one of the grounds for discipline is the same or 31 substantially equivalent to those set forth in this 32 Section; 33 (14) failure to provide information in response to 34 a written request made by the Department within 30 days -28- LRB9011549JSdv 1 after the receipt of such written request; 2 (15) physical illness, including but not limited 3 to, deterioration through the aging process or loss of 4 motor skill which results in the inability to practice 5 the profession with reasonable judgment, skill or safety. 6 (b) The determination by a circuit court that a licensee 7 or registrant is subject to involuntary admission or judicial 8 admission, as provided in the Mental Health and Developmental 9 Disabilities Code, operates as an automatic suspension. Such 10 suspension will end only upon a finding by a court that the 11 patient is no longer subject to involuntary admission or 12 judicial admission, the issuance of an order so finding and 13 discharging the patient, and the recommendation of the Board 14 to the Director that the licensee or registrant be allowed to 15 resume practice. 16 The Department may refuse to issue or may suspend the 17 license or certificate of registration of any person who 18 fails to file a return, or to pay the tax, penalty or 19 interest shown in a filed return, or to pay any final 20 assessment of tax, penalty or interest, as required by any 21 tax statute administered by the Illinois Department of 22 Revenue, until such time as the requirements of the statute 23 are satisfied. 24 Persons who assist the Department as consultants or 25 expert witnesses in the investigation or prosecution of 26 alleged violations of the Act, licensure or registration 27 matters, restoration proceedings, or criminal prosecutions, 28 shall not be liable for damages in any civil action or 29 proceeding as a result of that assistance, except upon proof 30 of actual malice. The Attorney General shall defend those 31 persons in any such action or proceeding. 32 Section 90. Violations; injunction; cease and desist 33 order. -29- LRB9011549JSdv 1 (a) If any person or entity violates a provision of this 2 Act, the Director may, in the name of the People of the State 3 of Illinois, through the Attorney General of the State of 4 Illinois, petition for an order enjoining such violation or 5 for an order enforcing compliance with this Act. Upon the 6 filing of a verified petition in court, the court may issue a 7 temporary restraining order, without notice or bond, and may 8 preliminarily and permanently enjoin the violation. If it is 9 established that the person or entity has violated or is 10 violating the injunction, the court may punish the offender 11 for contempt of court. Proceedings under this Section are in 12 addition to, and not in lieu of, all other remedies and 13 penalties provided by this Act. 14 (b) If any person or entity practices as an interior 15 designer or hold himself or herself out as a residential 16 interior designer or professional design firm without being 17 licensed or registered under the provisions of this Act, then 18 any licensed interior designer, registered residential 19 interior designer, any interested party, or any person 20 injured thereby may, in addition to the Director, petition 21 for relief as provided in subsection (a) of this Section. 22 (c) Whenever in the opinion of the Department any person 23 or entity violates any provision of this Act, the Department 24 may issue a rule to show cause why an order to cease and 25 desist should not be entered against him or her. The rule 26 shall clearly set forth the grounds relied upon by the 27 Department and shall provide a period of 7 days from the date 28 of the rule to file an answer to the satisfaction of the 29 Department. Failure to answer to the satisfaction of the 30 Department shall cause an order to cease and desist to be 31 issued immediately. 32 Section 95. Investigations; notice and hearing. The 33 Department may investigate the actions of any applicant or of -30- LRB9011549JSdv 1 any person or entity holding or claiming to hold a license or 2 certificate of registration. Before the initiation of an 3 investigation, the matter shall be reviewed by a subcommittee 4 of the Board according to procedures established by rule for 5 the Complaint Committee. The Department shall, before 6 refusing to restore, issue or renew a license or certificate 7 of registration, or discipline a licensee or registrant, at 8 least 30 days prior to the date set for the hearing, notify 9 in writing the applicant for, or holder of, a license or 10 certificate of registration of the nature of the charges and 11 that a hearing will be held on the date designated, and 12 direct the applicant or entity or licensee or registrant to 13 file a written answer to the Board under oath within 20 days 14 after service of the notice, and inform the applicant or 15 entity or licensee or registrant that failure to file an 16 answer will result in default being taken against the 17 applicant, entity, licensee or registrant and that the 18 license or certificate may be suspended, revoked, placed on 19 probationary status, or that other disciplinary action may be 20 taken, including limiting the scope, nature or extent of 21 practice, as the Director may deem proper. Written notice 22 may be served by personal delivery or certified or registered 23 mail to the respondent at the address of his or her last 24 notification to the Department. If the person or entity 25 fails to file an answer after receiving notice, his or her 26 license or certificate may, in the discretion of the 27 Department, be suspended, revoked, or placed on probationary 28 status, or the Department may take whatever disciplinary 29 action it deems proper, including limiting the scope, nature, 30 or extent of the person's practice or the imposition of a 31 fine, without a hearing, if the act or acts charged 32 constitute sufficient grounds for such action under this Act. 33 At the time and place fixed in the notice, the Board shall 34 proceed to hear the charges and the parties or their counsel -31- LRB9011549JSdv 1 shall be accorded ample opportunity to present such 2 statements, testimony, evidence and argument as may be 3 pertinent to the charges or their defense. The Board may 4 continue the hearing from time to time. 5 Section 100. Stenographer; transcript. The Department, 6 at its expense, shall preserve a record of all proceedings at 7 the formal hearing of any case involving the refusal to 8 restore, issue or renew a license or certificate of 9 registration, or the discipline of a licensee or registrant. 10 The notice of hearing, complaint and all other documents in 11 the nature of pleadings and written motions filed in the 12 proceedings, the transcript of testimony, the report of the 13 Board and the orders of the Department shall be the record of 14 the proceedings. The Department shall furnish a transcript 15 of the record to any person interested in the hearing upon 16 payment of the fee required by Section 60f of the Civil 17 Administrative Code of Illinois. 18 Section 105. Subpoenas of witnesses; oaths. The 19 Department has the power to subpoena and bring before it any 20 person in this State and to take testimony either orally or 21 by deposition, or both, with the same fees and mileage and in 22 the same manner as prescribed by law in judicial proceedings 23 in civil cases in circuit courts of this State. 24 The Director, and every member of the Board each have 25 power to administer oaths to witnesses at any hearing that 26 the Department is authorized by law to conduct, and any other 27 oaths required or authorized in any Act administered by the 28 Department. 29 Section 110. Procedure to compel attendance of 30 witnesses. Any circuit court, upon the application of the 31 accused person or complainant or of the Department, may, by -32- LRB9011549JSdv 1 order duly entered, require the attendance of witnesses and 2 the production of relevant books and papers before the 3 Department in any hearing relative to the application for or 4 refusal, recall, suspension or revocation of the license or 5 certificate of registration, or other discipline of a 6 licensee or registrant, and the court may compel obedience to 7 its order through proceedings for contempt. 8 Section 115. Report of Board; rehearing. After the 9 hearing, the Board shall present to the Director a written 10 report of findings and recommendations. A copy of such 11 report shall be served upon the accused person, either 12 personally or by registered or certified mail as provided in 13 this Act for the service of notice. Within 20 days after 14 service, the accused person may present to the Department his 15 or her motion in writing for a rehearing which shall specify 16 the particular grounds for rehearing. If the accused person 17 orders and pays for a transcript of the record as provided in 18 this Section, the time elapsing before the transcript is 19 ready for delivery to him or her shall not be counted as part 20 of that 20-day period. 21 Whenever the Director is not satisfied that substantial 22 justice has been done, he or she may order a rehearing by the 23 same or another special board. At the expiration of the time 24 specified for filing a motion for a rehearing the Director 25 has the right to take the action recommended by the Board. 26 Section 120. Hearing officer. Notwithstanding the 27 provisions of Section 115 of this Act, the Director has the 28 authority to appoint any attorney duly licensed to practice 29 law in the State of Illinois to serve as the hearing officer 30 in any action under Section 95. The Director shall notify 31 the Board of any such appointment. The hearing officer has 32 full authority to conduct the hearing. The Board has the -33- LRB9011549JSdv 1 right to have at least one member present at any hearing 2 conducted by such hearing officer. The hearing officer shall 3 report his or her findings of fact, conclusions of law and 4 recommendations to the Board and the Director. The Board has 5 60 days from receipt of the report to review the report of 6 the hearing officer and present its findings of fact, 7 conclusions of law and recommendations to the Director. If 8 the Board fails to present its report within the 60 day 9 period, the Director shall issue an order based on the report 10 of the hearing officer. If the Director disagrees in any 11 regard with the report of the Board or hearing officer, he or 12 she may issue an order in contravention thereof. The 13 Director shall provide a written explanation to the Board on 14 any such deviation, and shall specify with particularity the 15 reasons for such action in his or her order. 16 Section 125. Order as prima facie proof. An order of 17 revocation or suspension or a certified copy thereof, over 18 the seal of the Department and purporting to be signed by the 19 Director, shall be prima facie proof that: 20 (1) Such signature is the genuine signature of the 21 Director. 22 (2) The Director is duly appointed and qualified. 23 (3) The Board and its members are qualified to act; this 24 proof is rebuttable. 25 Section 130. Issuance or restoration of license or 26 certificate of registration. At any time after the refusal 27 to issue, or after the suspension or revocation of any 28 license or certificate of registration, the Department may 29 issue or restore it to the applicant without examination, 30 upon the written recommendation of the Board. 31 Section 135. Surrender of license or certificate of -34- LRB9011549JSdv 1 registration. Upon the revocation or suspension of any 2 license or certificate of registration, the licensee or 3 registrant shall immediately surrender the license or 4 certificate to the Department and if the licensee or 5 registrant fails to do so, the Department has the right to 6 seize the license or certificate. 7 Section 140. Temporary suspension of a license or 8 certificate of registration. The Director may temporarily 9 suspend the license of an interior designer without a 10 hearing, simultaneously with the institution of proceedings 11 for a hearing under this Act, if the Director finds that 12 evidence in his or her possession indicates that an interior 13 designer's continuation to practice would constitute an 14 imminent danger to the public. If the Director temporarily 15 suspends the license of an interior designer without a 16 presuspension hearing, the Board must hold a hearing within 17 30 days after the suspension has occurred. 18 The Director may temporarily suspend the certificate of 19 registration of a registrant without a hearing simultaneous 20 to the institution of proceedings for a hearing under this 21 Act if the Director finds the evidence in his or her 22 possession indicates that the person's continuation of use of 23 the title "residential interior designer" would constitute an 24 immediate danger to the public. In the event that the 25 Director temporarily suspends the registration of a 26 registrant without a presuspension hearing, a hearing by the 27 Board must be held within 30 days after such suspension has 28 occurred and concluded without appreciable delay. 29 Section 145. Review under Administrative Review law; 30 venue. All final administrative decisions of the Department 31 under this Act are subject to judicial review pursuant to the 32 provisions of the Administrative Review Law, as now or -35- LRB9011549JSdv 1 hereafter amended, and its rules. The term "administrative 2 decision" is defined as in Section 3-101 of the Code of Civil 3 Procedure. 4 Such proceedings for judicial review shall be commenced 5 in the circuit court of the county in which the party 6 applying for review resides, but if such party is not a 7 resident of this State, the venue shall be Sangamon County. 8 Section 150. Certifying record to court; costs. The 9 Department shall not be required to certify any record to the 10 court or file any answer in court or otherwise appear in any 11 court in a judicial review proceeding, unless there is filed 12 in the court with the complaint a receipt from the Department 13 acknowledging payment of the costs of furnishing and 14 certifying the record. Failure on the part of the plaintiff 15 to file the receipt in court shall be grounds for dismissal 16 of the action. 17 Section 155. Violations; offenses; civil penalties. 18 (a) Each of the following acts constitutes a Class A 19 misdemeanor for a first offense and a Class 4 felony for a 20 second or subsequent offense: 21 (1) The practice, attempt to practice or offer to 22 practice interior design, or the advertising or putting 23 out of any sign or card or other device which might 24 indicate to the public that the person is entitled to 25 practice interior design, without having a license as a 26 licensed interior designer or registration as a 27 professional design firm issued by the Department. Each 28 day of practicing interior design or attempting to 29 practice interior design, and each instance of offering 30 to practice interior design, without a license as a 31 licensed interior designer or registration as a 32 professional design firm, constitutes a separate offense. -36- LRB9011549JSdv 1 (2) The making of any wilfully false oath or 2 affirmation in any matter or proceeding where an oath or 3 affirmation is required by this Act. 4 (3) The affixing of a licensed interior designer's 5 seal to any construction documents which have not been 6 prepared by that interior designer or under the interior 7 designer's direct supervision and control. 8 (4) The use by a person or entity of the title 9 "residential interior designer" in this State without a 10 certificate of registration issued by the Department 11 under this Act or with a suspended, inactive or revoked 12 certificate. 13 (5) The violation of any provision of this Act or 14 its rules. 15 (6) Using or attempting to use an expired, 16 inactive, suspended, or revoked license, certificate of 17 registration or seal of another, or impersonating another 18 licensee or registrant. 19 (6) Obtaining or attempting to obtain a license or 20 certificate of registration by fraud. 21 (b) If any person, sole proprietorship, professional 22 service corporation, limited liability company, corporation 23 or partnership, or other entity practices interior design or 24 advertises or displays any sign or card or other device that 25 might indicate to the public that the person or entity is 26 entitled to practice as an interior designer unless the 27 person or other entity holds an active license as an interior 28 designer or registration as a professional design firm in 29 this State, then, in addition to any other penalty provided 30 by law, that entity shall forfeit and pay to the Design 31 Professionals Administration and Investigation Fund a civil 32 penalty in an amount determined by the Department, but not to 33 exceed $5,000 for each offense. -37- LRB9011549JSdv 1 Section 160. Administrative Procedure Act; application. 2 The Illinois Administrative Procedure Act is hereby expressly 3 adopted and incorporated in this Act as if all of the 4 provisions of that Act were included in this Act, except that 5 the provisions of subsection (d) of Section 10-65 of the 6 Illinois Administrative Procedure Act that provides that at 7 hearings the licensee has the right to show compliance with 8 all lawful requirements for retention, continuation or 9 renewal of the license is specifically excluded. For the 10 purposes of this Act, the notice required under Section 10-25 11 of the Illinois Administrative Procedure Act is deemed 12 sufficient when mailed to the last known address of a party. 13 Section 165. Fund; appropriations; investments; audits. 14 Moneys deposited into the Design Professionals Administration 15 and Investigation Fund shall be appropriated to the 16 Department for expenses of the Department and the Board in 17 the administration of this Act, the Illinois Architecture 18 Practice Act of 1989, the Illinois Professional Land Surveyor 19 Act of 1989, the Professional Engineering Practice Act of 20 1989, and the Structural Engineering Licensing Act of 1989. 21 The expenses of the Department under this Act shall be 22 limited to the ordinary and contingent expenses of the Design 23 Professionals Dedicated Employees within the Department as 24 established under Section 62.1 of the Civil Administrative 25 Code of Illinois and other expenses related to the 26 administration and enforcement of this Act. 27 Section 170. Home rule preemption. It is declared to be 28 the public policy of this State, pursuant to paragraph (h) of 29 Section 6 of Article VII of the Illinois Constitution of 30 1970, that any power or function set forth in this Act to be 31 exercised by the State is an exclusive State power or 32 function. Such power or function shall not be exercised -38- LRB9011549JSdv 1 concurrently, either directly or indirectly, by any unit of 2 local government, including home rule units, except as 3 otherwise provided in this Act. This Section is a limitation 4 of home rule powers. 5 Section 300. The Regulatory Agency Sunset Act is amended 6 by changing Sections 4.12 and 4.18 as follows: 7 (5 ILCS 80/4.12) (from Ch. 127, par. 1904.12) 8 Sec. 4.12. The following Acts are repealed December 31, 9 2001: 10 The Professional Boxing and Wrestling Act. 11
The Interior Design Profession Title Act.12 The Detection of Deception Examiners Act. 13 The Water Well and Pump Installation Contractor's License 14 Act. 15 (Source: P.A. 86-1404; 86-1475; 87-703.) 16 (5 ILCS 80/4.18) 17 Sec. 4.18. Acts Actrepealed January 1, 2008. The 18 following Acts are Act isrepealed on January 1, 2008: 19 The Acupuncture Practice Act. 20 The Clinical Social Work and Social Work Practice Act. 21 The Home Medical Equipment and Services Provider License 22 Act. 23 The Illinois Nursing Act of 1987. 24 The Illinois Speech-Language Pathology and Audiology 25 Practice Act. 26 The Marriage and Family Therapy Licensing Act. 27 The Nursing Home Administrators Licensing and 28 Disciplinary Act. 29 The Pharmacy Practice Act of 1987. 30 The Physician Assistant Practice Act of 1987. 31 The Podiatric Medical Practice Act of 1987. -39- LRB9011549JSdv 1 The Interior Design Practice and Residential Interior 2 Design Title Act. 3 (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 12-30-97; 4 90-69, eff. 7-8-97; 90-76, eff. 7-8-97; 90-150, eff. 5 12-30-97; 90-248, eff. 1-1-98; 90-532, eff. 11-14-97; revised 6 12-30-97.) 7 (225 ILCS 310/Act rep.) 8 Section 350. The Interior Design Profession Title Act is 9 repealed. 10 Section 999. Effective date. This Act takes effect upon 11 becoming law.
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