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[ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
[ House Amendment 002 ] |
92_SB0263enr SB263 Enrolled LRB9207495ACpc 1 AN ACT concerning the regulation of professions. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Regulatory Sunset Act is amended by 5 changing Section 4.12 as follows: 6 (5 ILCS 80/4.12) (from Ch. 127, par. 1904.12) 7 Sec. 4.12. The following Acts are repealed December 31, 8 2001: 9 The Professional Boxing and Wrestling Act. 10 The Interior Design Profession Title Act. 11The Detection of Deception Examiners Act.12 The Water Well and Pump Installation Contractor's License 13 Act. 14 (Source: P.A. 86-1404; 86-1475; 87-703.) 15 Section 10. The Regulatory Sunset Act is amended by 16 adding Section 4.22 as follows: 17 (5 ILCS 80/4.22 new) 18 Sec. 4.22. Act repealed on January 1, 2012. The 19 following Act is repealed on January 1, 2012: 20 The Detection of Deception Examiners Act. 21 Section 15. The Detection of Deception Examiners Act is 22 amended by changing Sections 1, 11, 17, 18, 22, 23, 24, 25, 23 26.1, 29, and 30 and adding Sections 7.2 and 7.3 as follows: 24 (225 ILCS 430/1) (from Ch. 111, par. 2401) 25 Sec. 1. Definitions. As used in this Act, unless the 26 context otherwise requires: "Detection of Deception 27 Examination", hereinafter referred to as "Examination" means SB263 Enrolled -2- LRB9207495ACpc 1 any examination in which a device or instrument is used to 2 test or question individuals for the purpose of evaluating 3 truthfulness or untruthfulness. 4 "Examiner" means any person licensed under this Act. 5 "Person" includes any natural person, partnership, 6 association, corporation or trust. 7 "Department" means the Department of Professional 8 Regulation of the State of Illinois. 9 "Director" means the Director of Professional Regulation 10 of the State of Illinois. 11"Committee" means the Detection of Deception Examiner12Committee provided for in this Act.13 "Him" means both the male and female gender. 14 (Source: P.A. 85-1209.) 15 (225 ILCS 430/7.2 new) 16 Sec. 7.2. Detection of Deception Examiners Act 17 Coordinator. The Director shall appoint a Detection of 18 Deception Examiners Act Coordinator to assist the Department 19 in the administration of this Act. The Detection of 20 Deception Examiners Act Coordinator shall be a person 21 licensed under this Act and shall have no less than 10 years 22 of experience as an Illinois licensed Detection of Deception 23 Examiner. The Detection of Deception Examiners Act 24 Coordinator shall perform such administrative functions on a 25 full or part-time basis as may be delegated to him or her by 26 the Director, including, but not limited to, revision of the 27 licensing examination and review of the training and 28 qualifications of applicants from a jurisdiction outside of 29 Illinois. 30 Whenever the Director is satisfied that substantial 31 justice has not been done in an examination, he may order a 32 re-examination by the same or other examiners. SB263 Enrolled -3- LRB9207495ACpc 1 (225 ILCS 430/7.3 new) 2 Sec. 7.3. Appointment of a Hearing Officer. The 3 Director has the authority to appoint an attorney, licensed 4 to practice law in the State of Illinois, to serve as a 5 Hearing Officer in any action for refusal to issue or renew a 6 license or to discipline a license. The Hearing Officer has 7 full authority to conduct the hearing. The appointed 8 Detection of Deception Coordinator may attend hearings and 9 advise the Hearing Officer on technical matters involving 10 Detection of Deception examinations. 11 (225 ILCS 430/11) (from Ch. 111, par. 2412) 12 Sec. 11. Qualifications for licensure as an examiner. A 13 person is qualified to receive a license as an examiner: 14 A. Who establishes that he is a person of good moral 15 character; and 16 B. Who has passed an examination approved by the 17 Departmentconducted by the Examiner Committee, or under its18supervision,to determine his competency to obtain a license 19 to practice as an examiner; and 20 C. Who has had conferred upon him an academic degree, at 21 the baccalaureate level, from an accredited college or 22 university; and 23 D. Who has satisfactorily completed 6 months of study in 24 detection of deception, as prescribed by rule. 25 Conviction of a misdemeanor involving moral turpitude or 26 a felony may be considered, but shall not be determinative, 27 in determining whether an applicant is of good moral 28 character. 29 (Source: P.A. 82-200.) 30 (225 ILCS 430/17) (from Ch. 111, par. 2418) 31 Sec. 17. Complaints; investigations. The Department may 32 upon its own motion and shall, upon the verified complaint in SB263 Enrolled -4- LRB9207495ACpc 1 writing of any person setting forth facts which if proved 2 would constitute grounds for refusal, suspension or 3 revocation of a license under this Act, investigate the 4 actions of any applicant orofany person or persons holding 5 or claiming to hold a license. The Department shall, before 6 refusing to issue and before suspension or revocation of a 7 license, at least 30 days prior to the date set for the 8 hearing, notify in writing the applicant for, or holder of, a 9 license of the nature of the charges and that a hearing will 10 be held on the date designated. The Department shall direct 11 the applicant or licensee to file a written answer withto12 the DepartmentBoardunder oath within 20 days after the 13 service of the notice and inform the applicant or licensee 14 that failure to file an answer will result in default being 15 taken against the applicant or licensee and that the license 16 or certificate may be suspended, revoked, placed on 17 probationary status, or other disciplinary action may be 18 taken, including limiting the scope, nature or extent of 19 practice, as the Director may deem proper. In case the person 20 fails to file an answer after receiving notice, his or her 21 license or certificate may, in the discretion of the 22 Department, be suspended, revoked, or placed on probationary 23 status, or the Department may take whatever disciplinary 24 action deemed proper, including limiting the scope, nature, 25 or extent of the person's practice or the imposition of a 26 fine, without a hearing, if the act or acts charged 27 constitute sufficient grounds for such action under this Act. 28 The hearing shall determine whether the applicant or holder, 29 hereinafter called the respondent is privileged to hold a 30 license, and shall afford the respondent an opportunity to be 31 heard in person or by counsel in reference thereto. Written 32 notice may be served by delivery of the same personally to 33 the respondent at the address of his last notification to the 34 Department. At the time and place fixed in the notice, the SB263 Enrolled -5- LRB9207495ACpc 1 DepartmentCommitteeshall proceed to hear the charges and 2 both the respondent and Departmentcomplainantshall be 3 accorded ample opportunity to present in person or by counsel 4 such statements, testimony, evidence and argument as may be 5 pertinent to the charges or to their defense. The Department 6Committeemay continue the hearing from time to time.If the7Committee shall not be sitting at the time and place fixed in8the notice or at the time and place to which the hearing9shall have been continued, the Director shall continue the10hearing for a period not to exceed 30 days, unless extended11by stipulation of both parties.12 (Source: P.A. 87-1031.) 13 (225 ILCS 430/18) (from Ch. 111, par. 2419) 14 Sec. 18. Stenographer; transcript; Hearing Officer 15Committeereport. The Department, at its expense, shall 16 provide a stenographer to take down the testimony and 17 preserve a record of all proceedings at the hearing of any 18 case involving the refusal to issue or the suspension or 19 revocation of a license. The notice of hearing, complaint and 20 all other documents in the nature of pleadings and written 21 motions filed in the proceedings, the transcript of 22 testimony, the report of the Hearing OfficerCommitteeand 23 orders of the Department shall be the records of the 24 proceedings. The Department shall furnish a transcript of the 25 record to any person or persons interested in the hearing 26 upon the payment of the fee required under Section 2105-115 27 of the Department of Professional Regulation Law (20 ILCS 28 2105/2105-115). 29 At the conclusion of the hearing, the Hearing Officer 30 shall make findings of fact, conclusions of law, and 31 recommendations, separately stated, and submit them to the 32 Director and to all parties to the proceeding. 33 The Hearing Officer's findings of fact, conclusions of SB263 Enrolled -6- LRB9207495ACpc 1 law, and recommendations shall be served upon the licensee in 2 a similar fashion as service of the notice of formal charges. 3 Within 20 days after the service, any party to the proceeding 4 may present to the Director a motion, in writing, specifying 5 the particular grounds for a rehearing. 6 The Director, following the time allowed for filing a 7 motion for rehearing, shall review the Hearing Officer's 8 findings of fact, conclusions of law, and recommendations and 9 any subsequently filed motions. After review of the 10 information, the Director may hear oral arguments and 11 thereafter shall issue the order. The report of findings of 12 fact, conclusions of law, and recommendations of the Hearing 13 Officer shall be the basis for the Department's order. If 14 the Director finds that substantial justice was not done, the 15 Director may issue an order in contravention of the Hearing 16 Officer's recommendations. The Director shall promptly 17 provide a written explanation to all parties to the 18 proceeding of any disagreement with the Hearing Officer's 19 recommendations.In any case involving the refusal to issue20or the suspension or revocation of a license, a copy of the21Committee's report shall be served upon the respondent by the22Department, either personally or by registered or certified23mail as provided in this Act for the service of the notice of24hearing. Within 20 days after service, the respondent may25present to the Department a motion in writing for a26rehearing, which shall specify the particular grounds for27rehearing. If no motion for rehearing is filed, then upon the28expiration of the time specified for filing a motion, or if a29motion for rehearing is denied, then upon denial the Director30may enter an order in accordance with recommendations of the31Committee. If the respondent shall order and pay for a32transcript of the record within the time for filing a motion33for rehearing, the 20 day period within which a motion may be34filed shall commence upon the delivery of the transcript toSB263 Enrolled -7- LRB9207495ACpc 1the respondent.2 (Source: P.A. 91-239, eff. 1-1-00.) 3 (225 ILCS 430/22) (from Ch. 111, par. 2423) 4 Sec. 22. Regulations; forms. The Director, on the5recommendation of the Committee,may issue regulations, 6 consistent with the provisions of this Act, for the 7 administration and enforcement thereof and may prescribe 8 forms which shall be issued in connection therewith. 9 (Source: Laws 1963, p. 3300.) 10 (225 ILCS 430/23) (from Ch. 111, par. 2424) 11 Sec. 23. Action or counterclaim. No action or 12 counterclaim shall be maintained by any person in any court 13 in this State with respect to any agreement or services for 14 which a license is required by this Act or to recover the 15 agreed price or any compensation under any such agreement, or 16 for such services for which a license is required by this Act 17 without alleging and provingprovidingthat such person had a 18 valid license at the time of making such agreement or doing 19 such work. 20 (Source: Laws 1963, p. 3300.) 21 (225 ILCS 430/24) (from Ch. 111, par. 2425) 22 Sec. 24. Injunctions; cease and desist orders. If any 23 person violates atheprovision of this Act, the Director 24 may, in the name of the People of the State of Illinois, 25 through the Attorney General of the State of Illinois, apply, 26 in the circuit court, for an order enjoining such violation 27 or for an order enforcing compliance with this Act. Upon the 28 filing of a verified complaint in such court, the court or 29 any judge thereof, if satisfied by affidavit or otherwise 30 that such person has violated this Act, may enter a temporary 31 restraining order or preliminary injunction, without notice SB263 Enrolled -8- LRB9207495ACpc 1 or bond, enjoining such continued violation, and if it is 2 established that such person has violated or is violating 3 this Act, the Court may summarily try and punish the offender 4 for contempt of court. Proceedings under this section shall 5 be in addition to, and not in lieu of, all other remedies and 6 penalties provided by this Act. 7 The Department may conduct hearings and issue cease and 8 desist orders with respect to persons who engage in 9 activities prohibited by this Act. Any person in violation 10 of a cease and desist order entered by the Department shall 11 be subject to all of the remedies provided by law and, in 12 addition, shall be subject to a civil penalty payable to the 13 party injured by the violation in an amount up to $10,000. 14 (Source: P.A. 83-334.) 15 (225 ILCS 430/25) (from Ch. 111, par. 2426) 16 Sec. 25. Order or certified copy; prima facie proof. An 17 order or a certified copy thereof, over the seal of the 18 Department and purporting to be signed by the Director, shall 19 be prima facie proof that: 20 (a) the signature is the genuine signature of the 21 Director; and 22 (b) the Director is duly appointed and qualified;23and24(c) the Committee and the members thereof are25qualified to act. 26 (Source: P.A. 91-357, eff. 7-29-99.) 27 (225 ILCS 430/26.1) (from Ch. 111, par. 2427.1) 28 Sec. 26.1. Returned checks; fines. Any person who 29 delivers a check or other payment to the Department that is 30 returned to the Department unpaid by the financial 31 institution upon which it is drawn shall pay to the 32 Department, in addition to the amount already owed to the SB263 Enrolled -9- LRB9207495ACpc 1 Department, a fine of $50.If the check or other payment was2for a renewal or issuance fee and that person practices3without paying the renewal fee or issuance fee and the fine4due, an additional fine of $100 shall be imposed.The fines 5 imposed by this Section are in addition to any other 6 discipline provided under this Act for unlicensed practice or 7 practice on a nonrenewed license. The Department shall notify 8 the person that payment of fees and fines shall be paid to 9 the Department by certified check or money order within 30 10 calendar days of the notification. If, after the expiration 11 of 30 days from the date of the notification, the person has 12 failed to submit the necessary remittance, the Department 13 shall automatically terminate the license or certificate or 14 deny the application, without hearing. If, after termination 15 or denial, the person seeks a license or certificate, he or 16 she shall apply to the Department for restoration or issuance 17 of the license or certificate and pay all fees and fines due 18 to the Department. The Department may establish a fee for the 19 processing of an application for restoration of a license or 20 certificate to pay all expenses of processing this 21 application. The Director may waive the fines due under this 22 Section in individual cases where the Director finds that the 23 fines would be unreasonable or unnecessarily burdensome. 24 (Source: P.A. 87-1031.) 25 (225 ILCS 430/29) (from Ch. 111, par. 2430) 26 Sec. 29. Restoration of license. At any time after the 27 suspension or revocation of any license, the Department may 28 restore it to the accused person, upon the written29recommendation of the Committee. 30 (Source: Laws 1963, p. 3300.) 31 (225 ILCS 430/30) (from Ch. 111, par. 2431) 32 Sec. 30. An applicant who is an Examiner, licensed under SB263 Enrolled -10- LRB9207495ACpc 1 the laws of another state or territory of the United States, 2 may be issued a license without examination by the 3 Department, in its discretion, upon payment of a fee as set 4 by ruleof $50.00, and the production of satisfactory proof: 5;6 (a) that he is of good moral character; and 7 (b) that the requirements for the licensing of Examiners 8 in such particular state or territory of the United States 9 were, at the date of licensing, substantially equivalent to 10 the requirements then in force in this State. 11 (Source: P.A. 82-200.) 12 (225 ILCS 430/7 rep.) 13 Section 20. The Detection of Deception Examiners Act is 14 amended by repealing Section 7. 15 Section 99. Effective date. This Act takes effect upon 16 becoming law.