State of Illinois
92nd General Assembly
Legislation

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92_SB1070

 
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 1        AN ACT relating to the practice of electrology.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.  Short title.  This Act may be  cited  as  the
 5    Electrologist Practice Act.

 6        Section 5.  Purposes.  The practice of electrology in the
 7    State  of  Illinois  is  hereby declared to affect the public
 8    health, safety, and welfare and to be subject  to  regulation
 9    and control in the public interest.
10        It  is  declared  to  be  a  matter  of public health and
11    concern that the practice of electrology, as defined in  this
12    Act,  merit and receive the confidence of the public and that
13    only  qualified  persons  be  authorized   to   practice   as
14    electrologists  in  the State of Illinois.  This Act shall be
15    liberally construed to best  carry  out  these  subjects  and
16    purposes.

17        Section 10.  Definitions.  In this Act:
18        "Board"  means  the Electrologist Licensing Board created
19    under Section 45 of this Act.
20        "Department"  means  the   Department   of   Professional
21    Regulation.
22        "Director" means the Director of Professional Regulation.
23        "Electrologist" means an individual who is licensed under
24    this Act.
25        "Electrology" means the practice or teaching of permanent
26    hair  removal  utilizing  only  solid  probe  electrode  type
27    epilation,  which  may  include  thermolysis (shortwave, high
28    frequency), electrolysis (galvanic), or a combination of both
29    (superimposed or sequential blend).
 
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 1        Section 15.  Exemptions.  This Act does not prohibit:
 2        (1)  A person licensed in this State under any other  Act
 3    from  engaging  in  the  practice  for  which  that person is
 4    licensed.
 5        (2)  The practice of  electrology  by  a  person  who  is
 6    employed  by  the  United  States  government  or any bureau,
 7    division, or agency thereof while in  the  discharge  of  the
 8    employee's official duties.
 9        (3)  The practice of electrology included in a program of
10    study by students enrolled in schools or in refresher courses
11    approved by the Department.

12        Section   20.  Application.   Applications  for  original
13    licenses shall be made to the Department in writing on  forms
14    prescribed  by the Department and shall be accompanied by the
15    required fee, which is not refundable.  The application shall
16    require  any  information  as,  in  the   judgment   of   the
17    Department,  will  enable  the  Department  to  pass  on  the
18    qualifications   of   the   applicant  for  a  license.   The
19    application  shall  include  evidence  of   passage   of   an
20    examination recognized by the Department.

21        Section  25.  Qualifications  for  license.   A person is
22    qualified for licensure as an electrologist  if  that  person
23    meets all of the following requirements:
24             (1)  The  person  has applied in writing in form and
25        substance satisfactory to  the  Department  and  has  not
26        violated  any of the provisions of Section 75 of this Act
27        or the rules promulgated under this Act.  The  Department
28        may  take into consideration any felony conviction of the
29        applicant but  a  conviction  shall  not  operate  as  an
30        absolute bar to licensure.
31             (2)  The   person   has   completed  an  electrology
32        education  program  as  defined  by  the  rules  of   the
 
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 1        Department.
 2             (3)  The   person   has  successfully  completed  an
 3        examination recognized by the Department.

 4        Section 30.  Electrologist registration; licensure.
 5        (a)  For a period of one year  beginning  on  January  1,
 6    2002,  a  person who has practiced electrology before January
 7    1, 2002 may register with the Department as an  electrologist
 8    if he or she:
 9             (1)  completes  and  submits  to  the Department the
10        necessary forms furnished by the Department along with  a
11        registration fee determined by Departmental rule; and
12             (2)  submits proof satisfactory to the Department of
13        proficiency in electrology.
14        (b)  Beginning  January  1,  2003, a person who practices
15    electrology must be licensed by the Department and  meet  all
16    the requirements of this Act.

17        Section  35.  Duties  of  the Department.  Subject to the
18    provisions of this Act, the Department shall:
19             (1)  Promulgate rules setting forth standards to  be
20        met  by  a  school  or  institution  offering a course of
21        training for electrologists before the  approval  of  the
22        school or institution.
23             (2)  Promulgate  rules  setting  forth  uniform  and
24        reasonable  standards of instruction to be met before the
25        approval of a course of instruction for electrologists.
26             (3)  Determine the reputability and good standing of
27        schools or institutions and their courses of  instruction
28        for  electrologists  by  reference to compliance with the
29        rules. No school of electrology that  refuses  admittance
30        to  applicants  solely on account of race, color, sex, or
31        creed shall be considered reputable and in good standing.
 
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 1        Section 40.  Administrative Procedure Act.  The  Illinois
 2    Administrative  Procedure Act is hereby expressly adopted and
 3    incorporated in this Act as if all of the provisions  of  the
 4    Illinois  Administrative Procedure Act where included in this
 5    Act, except that the provision of paragraph  (c)  of  Section
 6    10-65  of  the  Illinois  Administrative Procedure Act, which
 7    provides that at hearings the licensee has the right to  show
 8    compliance   with  all  lawful  requirements  for  retention,
 9    continuation, or renewal  of  the  license,  is  specifically
10    excluded.   For the purposes of this Act, the notice required
11    under Section 10-25 of the Illinois Administrative  Procedure
12    Act  is  considered  to be sufficient when mailed to the last
13    known address of the party.

14        Section 45.  Electrologist Licensing Board.  The Director
15    shall appoint an Electrologist Licensing Board consisting  of
16    5  persons  who  shall  serve  in an advisory capacity to the
17    Director.   One  member  must  be  a  physician  licensed  to
18    practice medicine in all of its branches  in  this  State;  3
19    members  must be licensed electrologists in good standing and
20    actively engaged in  the  practice  of  electrology  in  this
21    State;  and  one  member  must  be a public member who is not
22    licensed  under  this  Act  or  a  similar  Act  of   another
23    jurisdiction, and is not a licensed health care professional.
24        Members   shall   serve  4-year  terms  and  until  their
25    successors are appointed and have qualified; except  that  of
26    the  initial appointments 2 shall be appointed to serve for 2
27    years, 2 shall be appointed to serve for  3  years,  and  the
28    public  member  shall  be appointed to serve for 4 years, and
29    until their successors are appointed and have qualified.   No
30    member  shall  be  reappointed  to  the Board for more than 2
31    terms.  Appointments to fill vacancies shall be made  in  the
32    same  manner  as  original  appointments,  for  the unexpired
33    portion of the vacated term.  Initial terms shall begin  upon
 
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 1    the date of appointment.
 2        The  membership  of  the  Board should reasonably reflect
 3    representation from the  various  geographic  areas  in  this
 4    State.
 5        The  Director may terminate the appointment of any member
 6    for cause that, in the opinion of  the  Director,  reasonably
 7    justifies a termination.
 8        The  Director  shall  consider the recommendations of the
 9    Board  on  questions  involving  standards  of   professional
10    conduct,  discipline,  and  qualifications  of candidates and
11    license holders under this Act.

12        Section 50.  Issuance of license.  Upon the  satisfactory
13    completion of the application and examination procedures, and
14    compliance  with  the applicable rules of the Department, the
15    Department  shall  issue  an  electrologist  license  to  the
16    qualifying applicant.

17        Section 55.  Endorsement.  Pursuant to the rules  of  the
18    Department,  upon  payment  of the required fee, an applicant
19    who has been licensed in another state that has substantially
20    the same requirements as those required for  licensure  under
21    the  provisions  of  this  Act may be granted a license as an
22    electrologist.

23        Section 60.  Renewal; armed service duty.  The expiration
24    date and renewal period for each license  issued  under  this
25    Act  shall  be set by rule.   Renewal shall be conditioned on
26    paying the required fee and meeting other requirements as may
27    be established by rule.
28        Any electrologist who has permitted a license  to  expire
29    or  who has a license on inactive status may have the license
30    restored by submitting  an  application  to  the  Department,
31    filing  proof acceptable to the Department of fitness to have
 
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 1    the license restored, and paying the required fees.  Proof of
 2    fitness may  include  sworn  evidence  certifying  to  active
 3    lawful practice in another jurisdiction.
 4        The  Department shall determine, by an evaluation process
 5    established by rule, a person's fitness for restoration of  a
 6    license  and  shall establish procedures and requirements for
 7    restoration.
 8        Any electrologist whose  license  expired  while  (i)  on
 9    active  duty  with  the Armed Forces of the United States, or
10    the State Militia called into service or training, or (ii) in
11    training or education under the  supervision  of  the  United
12    States  preliminary  to  induction into the military service,
13    may have the  license  restored  without  paying  any  lapsed
14    renewal  fees  if, within 2 years after honorable termination
15    of service, training or education, the licensee furnishes the
16    Department with satisfactory evidence to the effect that  the
17    licensee  has been so engaged and that the service, training,
18    or education has been so terminated.

19        Section  65.  Inactive  status.   Any  electrologist  who
20    notifies the Department in writing on forms prescribed by the
21    Department may elect to place a license  on  inactive  status
22    and  shall,  subject  to  rules of the Department, be excused
23    from payment of renewal fees until the Department is notified
24    in writing of the intention to restore the license.
25        An electrologist  requesting  restoration  from  inactive
26    status  shall  be required to pay the current renewal fee and
27    shall be required to follow procedures to restore the license
28    as provided in Section 60 of this Act.
29        An electrologist whose  license  is  on  inactive  status
30    shall not practice in the State of Illinois.
31        A  licensee who engages in practice with a lapsed license
32    or a license on inactive status shall  be  considered  to  be
33    practicing  without  a  license,  which  shall be grounds for
 
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 1    discipline under Section 75 of this Act.

 2        Section  70.  Fees.   The  Department,  by  rule,   shall
 3    establish  fees  to  be  imposed  for  a license application,
 4    renewal of a license, restoration of  a  license  other  than
 5    from  inactive  status,  or  for  the issuance of a duplicate
 6    license, replacement license, or a license that has been lost
 7    or destroyed.  All fees are non-refundable.

 8        Section 75.  Grounds for discipline.
 9        (a)  The Department may refuse to issue or renew and  may
10    revoke  or suspend a license under this Act, and may place on
11    probation, censure, reprimand,  or  take  other  disciplinary
12    action  with  regard  to any licensee  under this Act, as the
13    Department may consider proper,  including  the  issuance  of
14    fines not to exceed $5,000 for each violation, for one or any
15    combination of the following causes:
16             (1)  Material misstatement in furnishing information
17        to the Department.
18             (2)  Violation of this Act or its rules.
19             (3)  Conviction  of any felony under the laws of any
20        U.S. jurisdiction, any misdemeanor an  essential  element
21        of  which  is  dishonesty,  or any crime that is directly
22        related to the practice of the profession.
23             (4)  Making any misrepresentation for the purpose of
24        obtaining a license.
25             (5)  Professional incompetence.
26             (6)  Aiding or assisting another person in violating
27        any provision of this Act or its rules.
28             (7)  Failing to provide information within  60  days
29        in response to a written request made by the Department.
30             (8)  Engaging   in   dishonorable,   unethical,   or
31        unprofessional  conduct of a character likely to deceive,
32        defraud, or harm the public.
 
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 1             (9)  Habitual  or  excessive  use  or  addiction  to
 2        alcohol, narcotics, stimulants,  or  any  other  chemical
 3        agent   or   drug  that  results  in  an  electrologist's
 4        inability to practice with reasonable  judgement,  skill,
 5        or safety.
 6             (10)  Discipline  by  another  U.S.  jurisdiction or
 7        foreign nation  if  at  least  one  of  the  grounds  for
 8        discipline  is the same as or substantially equivalent to
 9        any of those set forth in this Act.
10             (11)  Directly or indirectly giving to or  receiving
11        from  any  person,  firm,  corporation,  partnership,  or
12        association any fee, commission, rebate, or other form of
13        compensation  for  any professional services not actually
14        or personally rendered.
15             (12)  A finding by  the  Board  that  the  licensee,
16        after  having  his  or her license placed on probationary
17        status, has violated the terms of probation.
18             (13)  Abandonment of a patient.
19             (14)  Willfully making or filing  false  records  or
20        reports  in  the  licensee's practice, including, but not
21        limited to, false records filed with  State  agencies  or
22        departments.
23             (15)  Physical  illness,  including, but not limited
24        to, deterioration through the aging  process or  loss  of
25        motor skill that results in the inability to practice the
26        profession with reasonable judgment, skill, or safety.
27             (16)  Gross   malpractice   resulting  in  permanent
28        injury or death of a patient.
29             (17)  Use of fraud, deception, or any unlawful means
30        in  applying  for  and   securing   a   license   as   an
31        electrologist.
32             (18)  Immoral  conduct in the commission of any act,
33        such  as  sexual  abuse,  sexual  misconduct,  or  sexual
34        exploitation, related to the licensee's practice.
 
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 1             (19)  Failure   to   comply   with   standards    of
 2        sterilization  and  sanitation as defined in the rules of
 3        the Department.
 4        (b)  The Department may refuse to issue or renew  or  may
 5    suspend the license of any person who fails to file a return,
 6    to  pay the tax, penalty or interest shown in a filed return,
 7    or to pay any  final  assessment  of  the  tax,  penalty,  or
 8    interest  as  required  by  any  tax  Act administered by the
 9    Illinois Department of Revenue until the requirements of  the
10    tax Act are satisfied.
11        (c)  The determination by a circuit court that a licensee
12    is  subject to involuntary admission or judicial admission as
13    provided in the Mental Health and Developmental  Disabilities
14    Code  operates  as  an  automatic suspension.  The suspension
15    will end only upon a finding by a court that the  patient  is
16    no  longer  subject  to  involuntary  admission  or  judicial
17    admission,   the   issuance   of  an  order  so  finding  and
18    discharging  the  patient,  and  the  recommendation  of  the
19    Committee to the Director that the  licensee  be  allowed  to
20    resume his or her practice.

21        Section  80.  Dishonored  checks.  A person who issues or
22    delivers a check or other order to the Department that is not
23    honored on 2 occasions  by  the  financial  institution  upon
24    which  it  is drawn because of insufficient funds on account,
25    the account is closed, or a stop payment has been  placed  on
26    the  check  or order shall pay to the Department, in addition
27    to the amount owing upon the check or other order, a  fee  of
28    $50.   If the check or other order was issued or delivered in
29    payment of a renewal fee, and the person  whose  license  has
30    lapsed  continues  to  practice  as  an electrologist without
31    paying the renewal fee and the $50 fee  required  under  this
32    Section,  an  additional  fee  of $100 shall be imposed.  The
33    fees imposed by this Section are in  addition  to  any  other
 
                            -10-               LRB9207135ACmg
 1    penalties imposed by this Act for practice without a license.
 2    The  Department  shall  notify  the  person whose license has
 3    lapsed, within 30 days after the discovery of the lapse, that
 4    the individual is engaged  in  unauthorized  practice  as  an
 5    electrologist,  and  of  the  amount  due  to the Department,
 6    including the lapsed renewal fee and all other fees  required
 7    by  this  Section.  If, after the expiration of 30 days after
 8    the date of notification, the person whose license has lapsed
 9    seeks a  current  license,  he  or  she  must  apply  to  the
10    Department  for  restoration  of the license and pay all fees
11    due to the Department.  The Department may  establish  a  fee
12    for  the  processing  of  an application for restoration of a
13    license that allows the  Department  to  pay  all  costs  and
14    expenses  incident to the processing of the application.  The
15    Director may  waive  the  fees  due  under  this  Section  in
16    individual cases where he or she finds that the fees would be
17    unreasonable or unnecessarily burdensome.

18        Section 85.  Violations; injunctions.
19        (a)  If  any  person  violates any provision of this Act,
20    the Director may, in the name of the People of the  State  of
21    Illinois  through  the  Attorney  General  of  the  State  of
22    Illinois  or  the State's Attorney of any county in which the
23    action is  brought,  petition  for  an  order  enjoining  the
24    violation or for an order enforcing compliance with this Act.
25    Upon  the  filing  of a verified petition in court, the court
26    may issue a temporary restraining order,  without  notice  or
27    bond,  and  may  preliminarily  and  permanently  enjoin  the
28    violation.  If it is established that the person has violated
29    or  is  violating  the  injunction,  the Court may punish the
30    offender for  contempt  of  court.   Proceedings  under  this
31    Section  shall  be  in  addition  to, and not in lieu of, all
32    other remedies and penalties provided by this Act.
33        (b)  If a person practices as an electrologist  or  holds
 
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 1    himself  or  herself  out  as  an electrologist without being
 2    licensed under the provisions of this Act, then any  licensed
 3    electrologist,  any  interested  party, or any person injured
 4    thereby may, in addition to the Director, petition for relief
 5    as provided in subsection (a) of this Section.
 6        (c)  Whenever, in the opinion of the Department, a person
 7    violates any provision of this Act, the Department may  issue
 8    a  rule to show cause why an order to cease and desist should
 9    not be entered against that person.  The rule  shall  clearly
10    set forth the grounds relied upon by the Department and shall
11    provide a period of 7 days after the date of the rule to file
12    an  answer  to the satisfaction of the Department. Failure to
13    answer to the satisfaction of the Department shall  cause  an
14    order to cease and desist to be issued immediately.

15        Section  90.  Investigations; notice.  The Department may
16    investigate the actions of an applicant or a  person  holding
17    or  claiming  to hold a license. The Department shall, before
18    suspending, revoking,  placing  on  probationary  status,  or
19    taking  any  other  disciplinary action as the Department may
20    consider proper with regard to any license, at least 30  days
21    before  the  date  set for the hearing, notify the accused in
22    writing of any charges made and the  time  and  place  for  a
23    hearing on the charges before the Board. The Department shall
24    direct  the  accused  to file a written answer with the Board
25    under oath within 20 days after the service  of  the  notice,
26    and  inform  the  accused that failure to file an answer will
27    result in default being taken and that the accused's  license
28    may  be suspended, revoked, or placed on probationary status,
29    and  other  disciplinary  action  may  be  taken,   including
30    limiting  the  scope,  nature,  or extent of practice, as the
31    Department may consider proper. The  written  notice  may  be
32    served  by  personal delivery or certified or registered mail
33    at the address of  the  person's  last  notification  to  the
 
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 1    Department.  At  the  time and place fixed in the notice, the
 2    Department shall proceed to hear the charges and the  parties
 3    shall   be   accorded   ample   opportunity  to  present  any
 4    statements, testimony,  evidence,  and  argument  as  may  be
 5    pertinent to the charges or their defense. The Department may
 6    continue  the  hearing from time to time. In case the accused
 7    person, after receiving notice, fails to file an answer,  his
 8    or  her  license,  in  the discretion of the Director, having
 9    first received  the  recommendation  of  the  Board,  may  be
10    suspended, revoked, or placed on probationary status, and the
11    Director  may take whatever disciplinary action he or she may
12    consider proper, including limiting  the  scope,  nature,  or
13    extent  of  the  person's practice, without a hearing, if the
14    act or acts charged constitute sufficient  grounds  for  this
15    action under this Act.

16        Section  95.  Record  of proceedings.  The Department, at
17    its expense, shall preserve a record of  all  proceedings  at
18    the formal hearing of any case involving the refusal to issue
19    or  renew  a  license,  or  the discipline of a licensee. The
20    notice of hearing, the complaint and all other  documents  in
21    the  nature  of  pleadings  and  written motions filed in the
22    proceedings, the transcript of testimony, the report  of  the
23    Board  or  hearing  officer, and the orders of the Department
24    shall be included in the record of the proceeding.

25        Section 100.  Required testimony.   Upon  application  of
26    the Department or its designee, or of the person against whom
27    proceedings  pursuant  to Section 70 of this Act are pending,
28    any  circuit  court  may  enter  an  order  requiring     the
29    attendance   of   witnesses  and  their  testimony,  and  the
30    production of documents, paper, files, books, and records  in
31    connection  with  any hearing or investigation. The court may
32    compel obedience to its order by proceedings for contempt.
 
                            -13-               LRB9207135ACmg
 1        Section 105.  Subpoena power; oaths.  The Department  has
 2    power  to  subpoena  and  bring  before it any person in this
 3    State and to take testimony either orally, by deposition,  or
 4    both,  with  the same fees and mileage and in the same manner
 5    as prescribed by law in judicial proceedings in  civil  cases
 6    in circuit courts of this State.
 7        The  Director,  and any member of the Board designated by
 8    the Director,  may  administer  oaths  to  witnesses  at  any
 9    hearing  that  the  Department is authorized to conduct under
10    this Act and any other oaths required  or  authorized  to  be
11    administered by the Department.

12        Section  110.  Board  report.   At  the conclusion of the
13    hearing, the Board shall present to the  Director  a  written
14    report  of  its  findings  of  fact,  conclusions of law, and
15    recommendations.  The  report  shall  contain  a  finding  of
16    whether or not the accused person violated this Act or failed
17    to  comply  with  the  conditions  required in this Act.  The
18    Board shall specify the nature of the violation or failure to
19    comply, and shall make its recommendations to the Director.
20        The report of findings of fact, conclusions of  law,  and
21    recommendation  of  the  Board  shall  be  the  basis for the
22    Department's order for refusal  or  for  the  granting  of  a
23    license.   If  the  Director disagrees in any regard with the
24    report of the Board, the  Director  may  issue  an  order  in
25    contravention  of  the  report.  The Director shall provide a
26    written explanation to the Board on any  deviation  from  the
27    report  and  shall specify with particularity the reasons for
28    this action in the final order. The finding is not admissible
29    in evidence against the  person  in  a  criminal  prosecution
30    brought  for  the  violation of this Act, but the hearing and
31    finding are not a bar to a criminal prosecution  brought  for
32    the violation of this Act.
 
                            -14-               LRB9207135ACmg
 1        Section   115.  Hearing   officer.   Notwithstanding  the
 2    provisions of Section 90 of this Act, the  Director  has  the
 3    authority  to  appoint any attorney duly licensed to practice
 4    law in the State of Illinois to serve as the hearing  officer
 5    in any action for refusal to issue or renew a license, or the
 6    discipline  of  a  licensee.   The  Director shall notify the
 7    Board of an appointment of a hearing  officer.   The  hearing
 8    officer  has  full  authority  to  conduct  the hearing.  The
 9    hearing officer shall report his or  her  findings  of  fact,
10    conclusions  of law, and recommendations to the Board and the
11    Director.  The Board shall have 60 days after receipt of  the
12    report  to  review  the  report  of  the  hearing officer and
13    present  its  findings  of  fact,  conclusions  of  law,  and
14    recommendations to the  Director.   If  the  Board  fails  to
15    present  its  report  within  the 60-day period, the Director
16    shall issue an order based  on  the  report  of  the  hearing
17    officer.   If  the  Director disagrees in any regard with the
18    report of the Board or hearing officer, he or she  may  issue
19    an  order in contravention of the report.  The Director shall
20    provide a written explanation to the Board on  any  deviation
21    from  the  report,  and  shall specify with particularity the
22    reasons for that action in the final order.

23        Section 120.  Service of report.  In any  case  involving
24    the refusal to issue or renew a license, or the discipline of
25    a licensee, a copy of the Board's report shall be served upon
26    the  respondent  by  the  Department, either personally or as
27    provided in this  Act  for  the  service  of  the  notice  of
28    hearing.   Within  20  days after service, the respondent may
29    present to the Department a motion in writing for a rehearing
30    which shall specify the particular grounds for rehearing.  If
31    no motion for rehearing is filed, then upon the expiration of
32    the time specified for filing a motion, or if  a  motion  for
33    rehearing is denied, then upon denial, the Director may enter
 
                            -15-               LRB9207135ACmg
 1    an  order in accordance with the recommendation of the Board.
 2    If the respondent orders from the reporting service, and pays
 3    for, a transcript of the record within the time for filing  a
 4    motion for rehearing, the 20-day period within which a motion
 5    may  be  filed  shall  commence  upon  the  delivery  of  the
 6    transcript to the respondent.

 7        Section  125.  Rehearing.   Whenever  the Director is not
 8    satisfied that substantial  justice  has  been  done  in  the
 9    revocation,  suspension,  or  refusal  to  issue  or  renew a
10    license, the Director may order a rehearing by  the  same  or
11    another hearing officer or by the Board.

12        Section  130.  Order  or  certified  copy  as prima facie
13    proof.  An order or a certified copy thereof, over  the  seal
14    of  the  Department  and  purporting  to  be  signed  by  the
15    Director, shall be prima facie proof:
16             (1)  that  the signature is the genuine signature of
17        the Director;
18             (2)  that  the  Director  is  duly   appointed   and
19        qualified; and
20             (3)  that the Board and its members are qualified to
21        act.

22        Section 135.  License restoration.  At any time after the
23    suspension  or  revocation  of  a  license the Department may
24    restore  it  to  the  accused   person,   unless   after   an
25    investigation  and  a  hearing the Department determines that
26    restoration is not in the public interest.

27        Section 140.  Surrender of license.  Upon the  revocation
28    or  suspension of any license, the licensee shall immediately
29    surrender the license to the Department, and if the  licensee
30    fails  to  do  so,  the Department has the right to seize the
 
                            -16-               LRB9207135ACmg
 1    license.

 2        Section 145.  Temporary  suspension.   The  Director  may
 3    temporarily suspend the license of an electrologist without a
 4    hearing,  simultaneously  with the institution of proceedings
 5    for a hearing under Section 90 of this Act, if  the  Director
 6    finds  that  evidence in his or her possession indicates that
 7    continuation in practice would constitute an imminent  danger
 8    to  the  public.   In the event that the Director temporarily
 9    suspends a license  without  a  hearing,  a  hearing  by  the
10    Department  must  be held within 30 days after the suspension
11    has occurred, and concluded without appreciable delay.

12        Section  150.  Administrative  Review  Law.   All   final
13    administrative  decisions  of  the  Department are subject to
14    judicial review under the Administrative Review Law  and  its
15    rules.   The  term "administrative decision" is defined as in
16    Section 3-101 of the Code of Civil Procedure.
17        Proceedings for judicial review shall be commenced in the
18    circuit court of the county in which the party  applying  for
19    review resides. If the party is not a resident of this State,
20    venue shall be in Sangamon County.

21        Section  155.  Certification  of  record.  The Department
22    shall not be required to certify any  record  to  the  court,
23    file any answer in court, or otherwise appear in any court in
24    a  judicial  review  proceedings unless there is filed in the
25    court, with the complaint,  a  receipt  from  the  Department
26    acknowledging   payment   of  the  costs  of  furnishing  and
27    certifying the record.  Failure on the part of the  plaintiff
28    to  file  a  receipt in court is grounds for dismissal of the
29    action.

30        Section 160.  Penalties.  A person who is found  to  have
 
                            -17-               LRB9207135ACmg
 1    knowingly  violated  any provision of this Act is guilty of a
 2    Class A misdemeanor. On conviction of a second or  subsequent
 3    offense the violator is guilty of a Class 4 felony.

 4        Section 165.  Deposit of fees and fines.  All of the fees
 5    and  fines  collected  under this Act shall be deposited into
 6    the General Professions Dedicated Fund.

 7        Section 170.  Home rule.  The regulation and licensing of
 8    electrologists are exclusive  powers  and  functions  of  the
 9    State.   A  home  rule  unit  may  not  regulate  or  license
10    electrologists. This Section is a denial  and  limitation  of
11    home  rule  powers  and  functions  under  subsection  (h) of
12    Section 6 of Article VII of the Illinois Constitution.

13        Section 900.  The Regulatory Sunset  Act  is  amended  by
14    adding Section 4.22 as follows:

15        (5 ILCS 80/4.22 new)
16        Sec.  4.22.   Act  repealed  on  January  1,  2012.   The
17    following Act is repealed on January 1, 2012:
18        The Electrologist Practice Act.

19        Section  999.  Effective  date.   This  Act  takes effect
20    January 1, 2002.

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