Public Act 095-0303
 
SB0448 Enrolled LRB095 07523 RAS 27669 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Roofing Industry Licensing Act is
amended by changing Sections 2, 3.5, 6, 9.1, and 10 and by
adding Section 10b as follows:
 
    (225 ILCS 335/2)  (from Ch. 111, par. 7502)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
    (a) "Licensure" means the act of obtaining or holding a
license issued by the Department as provided in this Act.
    (b) "Department" means the Department of Professional
Regulation.
    (c) "Director" means the Director of Professional
Regulation.
    (d) "Person" means any individual, partnership,
corporation, business trust, limited liability company, or
other legal entity.
    (e) "Roofing contractor" is one whose services are
unlimited in the roofing trade and who has the experience,
knowledge and skill to construct, reconstruct, alter, maintain
and repair roofs and use materials and items used in the
construction, reconstruction, alteration, maintenance and
repair of all kinds of roofing and waterproofing as related to
roofing, all in such manner to comply with all plans,
specifications, codes, laws, and regulations applicable
thereto, but does not include such contractor's employees to
the extent the requirements of Section 3 of this Act apply and
extend to such employees.
    (f) "Board" means the Roofing Advisory Board.
    (g) "Qualifying party" means the individual filing as a
sole proprietor, partner of a partnership, officer of a
corporation, trustee of a business trust, or party of another
legal entity, who is legally qualified to act for the business
organization in all matters connected with its roofing
contracting business, has the authority to supervise roofing
installation operations, and is actively engaged in day to day
activities of the business organization.
    "Qualifying party" does not apply to a seller of roofing
materials or services when the construction, reconstruction,
alteration, maintenance, or repair of roofing or waterproofing
is to be performed by a person other than the seller or the
seller's employees.
    (h) "Limited roofing license" means a license made
available to contractors whose roofing business is limited to
residential roofing, including residential properties
consisting of 8 units or less.
    (i) "Unlimited roofing license" means a license made
available to contractors whose roofing business is unlimited in
nature and includes roofing on residential, commercial, and
industrial properties.
(Source: P.A. 90-55, eff. 1-1-98; 91-950, eff. 2-9-01.)
 
    (225 ILCS 335/3.5)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 3.5. Examination.
    (a) The Department shall authorize examinations for
applicants for initial licenses at the time and place it may
designate. The examinations shall be of a character to fairly
test the competence and qualifications of applicants to act as
roofing contractors. Each applicant for limited licenses shall
designate a qualifying party who shall take an examination, the
technical portion of which shall cover residential roofing
practices. Each applicant for an unlimited license shall
designate a qualifying party who shall take an examination, the
technical portion of which shall cover residential,
commercial, and industrial roofing practices.
    (b) An applicant for a limited license or an unlimited
license or a qualifying party designated by an applicant for a
limited license or unlimited license shall pay, either to the
Department or the designated testing service, a fee established
by the Department to cover the cost of providing the
examination. Failure of the individual scheduled to appear for
the examination on the scheduled date at the time and place
specified after his or her application for examination has been
received and acknowledged by the Department or the designated
testing service shall result in forfeiture of the examination
fee.
    (c) A person who has a license as described in subsection
(1.5) of Section 3 is exempt from the examination requirement
of this Section, so long as (1) the license continues to be
valid and is renewed before expiration and (2) the person is
not newly designated as a qualifying party after July 1, 2003.
The qualifying party for an applicant for a new license must
have passed an examination authorized by the Department before
the Department may issue a license.
    (d) The application for a license as a corporation,
business trust, or other legal entity submitted by a sole
proprietor who is currently licensed under this Act and exempt
from the examination requirement of this Section shall not be
considered an application for initial licensure for the
purposes of this subsection (d) if the sole proprietor is named
in the application as the qualifying party and is the sole
owner of the legal entity. Upon issuance of a license to the
new legal entity, the sole proprietorship license is
terminated.
    The application for initial licensure as a partnership,
corporation, business trust, or other legal entity submitted by
a currently licensed partnership, corporation, business trust,
or other legal entity shall not be considered an application
for initial licensure for the purposes of this subsection (d)
if the entity's current qualifying party is exempt from the
examination requirement of this Section, that qualifying party
is named as the new legal entity's qualifying party, and the
majority of ownership in the new legal entity remains the same
as the currently licensed entity. Upon issuance of a license to
the new legal entity under this subsection (d), the former
license issued to the applicant is terminated.
    (e) An applicant has 3 years after the date of his or her
application to complete the application process. If the process
has not been completed within 3 years, the application shall be
denied, the fee shall be forfeited, and the applicant must
reapply and meet the requirements in effect at the time of
reapplication.
(Source: P.A. 91-950, eff. 2-9-01.)
 
    (225 ILCS 335/6)  (from Ch. 111, par. 7506)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 6. Expiration; restoration; renewal of license.
    (a) The expiration date and renewal period for each
certificate of registration issued under this Act shall be set
by the Department by rule.
    (b) A licensee who has permitted his or her license to
expire or whose license is on inactive status may have his or
her license restored by making application to the Department in
the form and manner prescribed by the Department. (1) Licenses
shall expire biennially at midnight on June 30 of each
odd-numbered year.
    (2) Failure to renew the license prior to the expiration
thereof shall cause the license to become nonrenewed and it
shall be unlawful thereafter for the licensee to engage, offer
to engage, or hold himself or herself out as engaging, in
roofing contracting business under the license unless and until
the license is restored or reissued as defined by rule.
(Source: P.A. 89-387, eff. 1-1-96; 90-55, eff. 1-1-98.)
 
    (225 ILCS 335/9.1)  (from Ch. 111, par. 7509.1)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 9.1. Grounds for disciplinary action. The Department
may refuse to issue or to renew, or may revoke, suspend, place
on probation, reprimand or take other disciplinary or
non-disciplinary action as the Department may deem proper,
including fines not to exceed $10,000 $1,000 for each
violation, with regard to any license for any one or
combination of the following causes:
        (a) violation of this Act or its rules;
        (b) conviction or plea of guilty or nolo contendere of
    any crime under the laws of the United States or any state
    or territory thereof that U.S. jurisdiction which is (i) a
    felony or (ii) which is a misdemeanor, an essential element
    of which is dishonesty, or that is of any crime which
    directly related relates to the practice of the profession;
        (c) making any misrepresentation for the purpose of
    obtaining a license;
        (d) professional incompetence or gross negligence in
    the practice of roofing contracting, prima facie evidence
    of which may be a conviction or judgment in any court of
    competent jurisdiction against an applicant or licensee
    relating to the practice of roofing contracting or the
    construction of a roof or repair thereof that results in
    leakage within 90 days after the completion of such work;
        (e) (blank); gross malpractice, prima facie evidence
    of which may be a conviction or judgment of malpractice in
    any court of competent jurisdiction;
        (f) aiding or assisting another person in violating any
    provision of this Act or rules;
        (g) failing, within 60 days, to provide information in
    response to a written request made by the Department which
    has been sent by certified or registered mail to the
    licensee's last known address;
        (h) engaging in dishonorable, unethical, or
    unprofessional conduct of a character likely to deceive,
    defraud, or harm the public;
        (i) habitual or excessive use or addiction to alcohol,
    narcotics, stimulants or any other chemical agent or drug
    which results in the inability to practice with reasonable
    judgment, skill, or safety;
        (j) discipline by another U.S. jurisdiction or foreign
    nation, if at least one of the grounds for the discipline
    is the same or substantially equivalent to those set forth
    in this Section;
        (k) directly or indirectly giving to or receiving from
    any person, firm, corporation, partnership, or association
    any fee, commission, rebate, or other form of compensation
    for any professional services not actually or personally
    rendered;
        (l) a finding by the Department that the licensee,
    after having his or her license placed on probationary
    status has violated the terms of probation;
        (m) a finding conviction by any court of competent
    jurisdiction, either within or without this State, of any
    violation of any law governing the practice of roofing
    contracting, if the Department determines, after
    investigation, that such person has not been sufficiently
    rehabilitated to warrant the public trust;
        (n) a finding that licensure has been applied for or
    obtained by fraudulent means;
        (o) practicing, attempting to practice, or advertising
    under a name other than the full name as shown on the
    license or any other legally authorized name;
        (p) gross and willful overcharging for professional
    services including filing false statements for collection
    of fees or monies for which services are not rendered;
        (q) failure to file a return, or to pay the tax,
    penalty or interest shown in a filed return, or to pay any
    final assessment of tax, penalty or interest, as required
    by any tax Act administered by the Illinois Department of
    Revenue, until such time as the requirements of any such
    tax Act are satisfied;
        (r) the Department shall deny any license or renewal
    under this Act to any person who has defaulted on an
    educational loan guaranteed by the Illinois State
    Scholarship Commission; however, the Department may issue
    a license or renewal if the person in default has
    established a satisfactory repayment record as determined
    by the Illinois State Scholarship Commission;
        (s) failure to continue to meet the requirements of
    this Act shall be deemed a violation;
        (t) physical or mental disability, including
    deterioration through the aging process or loss of
    abilities and skills that result in an inability to
    practice the profession with reasonable judgment, skill,
    or safety;
        (u) material misstatement in furnishing information to
    the Department or to any other State agency;
        (v) the determination by a court that a licensee is
    subject to involuntary admission or judicial admission as
    provided in the Mental Health and Developmental
    Disabilities Code will result in an automatic suspension of
    his or her license. The suspension will end upon a finding
    by a court that the licensee is no longer subject to
    involuntary admission or judicial admission, the issuance
    of an order so finding and discharging the patient, and the
    recommendation of the Board to the Director that the
    licensee be allowed to resume professional practice;
        (w) advertising in any manner that is false,
    misleading, or deceptive; .
        (x) taking undue advantage of a customer, which results
    in the perpetration of a fraud;
        (y) performing any act or practice that is a violation
    of the Consumer Fraud and Deceptive Business Practices Act;
        (z) engaging in the practice of roofing contracting, as
    defined in this Act, with a suspended, revoked, or
    cancelled license;
        (aa) treating any person differently to the person's
    detriment because of race, color, creed, gender, age,
    religion, or national origin;
        (bb) knowingly making any false statement, oral,
    written, or otherwise, of a character likely to influence,
    persuade, or induce others in the course of obtaining or
    performing roofing contracting services; or
        (cc) violation of any final administrative action of
    the Secretary.
    The changes to this Act made by this amendatory Act of 1997
apply only to disciplinary actions relating to events occurring
after the effective date of this amendatory Act of 1997.
(Source: P.A. 89-387, eff. 1-1-96; 90-55, eff. 1-1-98.)
 
    (225 ILCS 335/10)  (from Ch. 111, par. 7510)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 10. Enforcement; petition to court.
    (1) If any person violates the provisions of this Act, the
Director through the Attorney General of Illinois, or the
State's Attorney of any county in which a violation is alleged
to exist, may in the name of the People of the State of
Illinois petition for an order enjoining such violation or for
an order enforcing compliance with this Act. Upon the filing of
a verified petition in such court, the court may issue a
temporary restraining order, without notice or bond, and may
preliminarily and permanently enjoin such violation, and if it
is established that such person has violated or is violating
the injunction, the Court may punish the offender for contempt
of court.
    (2) If any person shall practice as a licensee or hold
himself or herself out as a licensee without being licensed
under the provisions of this Act, then any person licensed
under this Act, any interested party or any person injured
thereby may, in addition to those officers identified in
subsection (1) of this Section, petition for relief as provided
therein.
    (3) (Blank). Whenever the Department has reason to believe
that any person has violated the licensing requirements of this
Act by practicing, offering to practice, attempting to
practice, or holding himself or herself out to practice roofing
without being licensed under this Act, the Department may issue
a rule to show cause why an order to cease and desist should
not be entered against that person. The rule shall clearly set
forth the grounds relied upon by the Department and shall
provide a period of 7 days from the date of the rule to file an
answer to the satisfaction of the Department. Failure to answer
to the satisfaction of the Department shall cause an order to
cease and desist to be issued immediately.
    (4) Proceedings under this Section shall be in addition to,
and not in lieu of, all other remedies and penalties which may
be provided by law.
(Source: P.A. 90-55, eff. 1-1-98; 91-950, eff. 2-9-01.)
 
    (225 ILCS 335/10b new)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 10b. Unlicensed practice; order to cease and desist.
Whenever the Department has reason to believe that any person
has violated the licensing requirements of this Act by
practicing, offering to practice, attempting to practice, or
holding himself or herself out to practice roofing without
being licensed under this Act, the Department may issue an
order to cease and desist such practice without a hearing. The
order must clearly set forth the grounds relied upon by the
Department and provide notice that any individual or entity
receiving the order may petition the Department for a hearing
within a period of 21 days after the date of the order. Any
hearing held pursuant to this Section must be in accordance
with the hearing provisions set forth in this Act. Should any
person or entity that is issued an order to cease and desist
pursuant to this Section continue or again practice, offer to
practice, attempt to practice, or hold himself or herself out
to practice roofing without being licensed under this Act, the
Department may seek injunctive relief, impose a civil penalty
in accordance with this Act, or take any other action allowed
under this Act. Any order to cease and desist issued pursuant
to this Section shall be considered prima facie evidence of a
violation in any proceeding conducted pursuant to Section 10a
of this Act.