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Public Act 096-0610 |
SB0122 Enrolled |
LRB096 02999 ASK 14724 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Regulatory Sunset Act is amended by changing |
Section 4.20 and by adding Section 4.30 as follows:
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(5 ILCS 80/4.20)
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Sec. 4.20. Acts repealed on January 1, 2010 and December |
31, 2010.
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(a) The following Acts are repealed on January 1, 2010:
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The Auction License Act.
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The Illinois Architecture Practice Act of 1989.
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The Illinois Landscape Architecture Act of 1989.
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The Illinois Professional Land Surveyor Act of 1989.
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The Land Sales Registration Act of 1999.
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The Orthotics, Prosthetics, and Pedorthics Practice |
Act.
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The Perfusionist Practice Act.
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The Professional Engineering Practice Act of 1989.
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The Real Estate License Act of 2000.
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The Structural Engineering Practice Act of 1989.
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(b) The following Act is repealed on December 31, 2010: |
The Medical Practice Act of 1987. |
(Source: P.A. 95-1018, eff. 12-18-08.)
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(5 ILCS 80/4.30 new) |
Sec. 4.30. Act repealed on January 1, 2020. The following |
Act is repealed on January 1, 2020: |
The Illinois Architecture Practice Act of 1989. |
The Structural Engineering Practice Act of 1989. |
Section 10. The Illinois Architecture Practice Act of 1989 |
is amended by changing Sections 3, 4, 5, 6, 8, 9, 10, 11, 12, |
13, 21, 22, 23.5, 24, 25, 26, 29, 31, 36 and 38 and by adding |
Sections 4.5 and 17.5 as follows:
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(225 ILCS 305/3) (from Ch. 111, par. 1303)
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(Section scheduled to be repealed on January 1, 2010)
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Sec. 3. Application of Act. Nothing in this Act shall be
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deemed or construed to prevent the practice of structural |
engineering as
defined in the Structural Engineering Practice |
Act of 1989, the practice
of professional engineering as |
defined in the Professional Engineering
Practice Act of 1989, |
or the preparation of documents used to prescribe
work to be |
done inside buildings for non-loadbearing interior |
construction,
furnishings, fixtures and equipment, or the |
offering or preparation of
environmental analysis, feasibility |
studies, programming or construction
management services by |
persons other than those licensed in accordance with
this Act, |
the Structural Engineering Practice Act of 1989 or
the |
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Professional Engineering Practice Act of 1989.
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Nothing contained in this Act shall prevent the draftsmen, |
students,
project representatives and other employees of those |
lawfully practicing as
licensed architects under the |
provisions of this Act, from acting under the responsible
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direct supervision and control of their employers, or to |
prevent the
employment of project representatives for |
enlargement or alteration of
buildings or any parts thereof, or |
prevent such project representatives
from acting under the |
responsible direct supervision and control of the licensed
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architect by whom the construction documents including |
drawings and
specifications of any such building, enlargement |
or alteration were prepared.
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Nothing in this Act or any other Act shall prevent a |
licensed
architect from practicing interior design services. |
Nothing in this Act
shall be construed as requiring the |
services of an interior designer for
the interior designing of |
a single family residence.
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The involvement of a licensed architect is not required for |
the following:
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(A) The building, remodeling or repairing of any |
building
or other structure outside of the corporate limits |
of any city or village,
where such building or structure is |
to be, or is used for
farm purposes, or for the purposes of |
outbuildings or auxiliary buildings
in connection with |
such farm premises.
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(B) The construction, remodeling or repairing of a |
detached
single family residence on a single lot.
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(C) The construction, remodeling or repairing of a
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two-family residence of wood frame construction on a single |
lot, not more
than two stories and basement in height.
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(D) Interior design services for buildings which
do not |
involve life safety or structural changes.
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However, when an ordinance of a unit of local government |
requires the involvement of a licensed architect for any |
buildings included in the preceding paragraphs (A) through (D), |
the requirements of this Act shall apply. All buildings not |
included in the preceding paragraphs (A)
through (D), including |
multi-family buildings and buildings previously
exempt from |
the involvement of a licensed architect under those paragraphs |
but subsequently non-exempt due to a change
in occupancy or |
use, are subject to the requirements of this Act. Interior
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alterations which result in life safety or structural changes |
of the
building are subject to the requirements of this Act.
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(Source: P.A. 92-16, eff. 6-28-01; 93-1009, eff. 1-1-05.)
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(225 ILCS 305/4) (from Ch. 111, par. 1304)
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(Section scheduled to be repealed on January 1, 2010)
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Sec. 4. Definitions. In this Act:
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"Address of record" means the designated address recorded |
by the Department in the applicant's or licensee's application |
file or license file maintained by the Department's licensure |
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maintenance unit. It is the duty of the applicant or licensee |
to inform the Department of any change of address, and such |
changes must be made either through the Department's website or |
by directly contacting the Department. |
"Architect, Retired" means a person who has been duly
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licensed as an architect by the Department and who chooses to |
place on inactive status or not renew his or her license |
pursuant to Section 17.5 of this Act. |
"Architectural intern" means an unlicensed person who has |
completed the education requirements, is actively |
participating in the diversified professional training, and
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maintains in good standing a training record as required for |
licensure by this Act and may use the title "architectural |
intern", but may not independently engage in the practice of |
architecture. |
"Board" means the Illinois Architecture Licensing Board |
appointed by the Secretary. |
(a) "Department" means the Department of Financial and |
Professional Regulation.
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"Design build" and "design build entity" means the project |
delivery process defined in 68 Ill. Adm. Code 1150.85, and any |
amendments or changes thereto. |
(b) "Director" means the Director of Professional |
Regulation.
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(c) "Board" means the Illinois Architecture Licensing |
Board appointed by the Director.
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(d) "Public health" as related to the practice of |
architecture means the state of the well-being of the body or |
mind of the building user.
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(e) "Public safety" as related to the practice of |
architecture means the state of being reasonably free from risk |
of danger, damage, or injury.
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(f) "Public welfare" as related to the practice of |
architecture means the well-being of the building user |
resulting from the state of a physical environment that |
accommodates human activity.
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"Secretary" means the Secretary of Financial and |
Professional Regulation. |
(Source: P.A. 93-1009, eff. 1-1-05.)
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(225 ILCS 305/4.5 new)
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Sec. 4.5. References to Department or Director of |
Professional Regulation. References in this Act (i) to the |
Department of Professional Regulation are deemed, in |
appropriate contexts, to be references to the Department of |
Financial and Professional Regulation and (ii) to the Director |
of Professional Regulation are deemed, in appropriate |
contexts, to be references to the Secretary of Financial and |
Professional Regulation.
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(225 ILCS 305/5) (from Ch. 111, par. 1305)
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(Section scheduled to be repealed on January 1, 2010)
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Sec. 5. Architect defined; Acts constituting practice. |
(a) An
architect is a person who is qualified by education, |
training, experience,
and examination, and who is licensed |
under the laws of this State, to
practice architecture.
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(b) The practice of architecture within the meaning and |
intent of this Act
includes the offering or furnishing of |
professional services, such as
consultation, environmental |
analysis, feasibility studies, programming,
planning, |
aesthetic and structural design, technical submissions
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consisting of drawings and specifications and other documents |
required in
the construction process, administration of |
construction contracts, project
representation, and |
construction management, in connection with the
construction |
of any private or public building, building structure,
building |
project, or addition to or alteration or restoration thereof.
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(c) In the offering or furnishing of professional services |
set forth in subsection (b) of this Section, a licensee shall |
adhere to the standards of professional conduct enumerated in |
68 Ill. Adm. Code 1150.90, and any amendments or changes |
thereto. |
(d) Nothing contained in this Section imposes upon a person |
licensed under this Act the responsibility for the performance |
of any of the services set forth in subsection (b) of this |
Section unless such person specifically contracts to provide |
such services. |
(Source: P.A. 92-360, eff. 1-1-02.)
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(225 ILCS 305/6) (from Ch. 111, par. 1306)
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(Section scheduled to be repealed on January 1, 2010)
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Sec. 6. Technical submissions. All
technical submissions
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intended for use in construction in the State of Illinois shall |
be prepared
and administered in accordance with standards of |
reasonable professional
skill and diligence. Care shall be |
taken to reflect the requirements of
State statutes and, where |
applicable, county and municipal building
ordinances in such |
submissions. In recognition that
architects are licensed
for |
the protection of the public health, safety and welfare, |
submissions
shall be of such quality and scope, and be so |
administered, as to conform to
professional standards.
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Technical submissions are the designs,
drawings and |
specifications which
establish the scope of the architecture to |
be constructed, the standard of
quality for materials, |
workmanship, equipment, and construction systems,
and the |
studies and other technical reports and calculations prepared |
in
the
course of the
practice of architecture.
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No officer, board, commission, or other public entity who |
receives technical submissions shall accept for filing or |
approval any technical submissions relating to services |
requiring the involvement of an architect that do not bear the |
seal and signature of an architect licensed under this Act. |
It is unlawful to affix one's seal to technical submissions |
if it masks the true identity of the person who actually |
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exercised responsible control of the preparation of such work. |
An architect who seals and signs technical submissions is not |
responsible for damage caused by subsequent changes to or uses |
of those technical submissions where the subsequent changes or |
uses, including changes or uses made by State or local |
governmental agencies, are not authorized or
approved in |
writing by the architect who originally sealed and signed the |
technical submissions. |
(Source: P.A. 92-360, eff. 1-1-02.)
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(225 ILCS 305/8) (from Ch. 111, par. 1308)
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(Section scheduled to be repealed on January 1, 2010)
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Sec. 8. Powers and duties of the Department.
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(1) Subject to the provisions of this Act, the Department |
shall
exercise the following functions, powers, and duties:
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(a) conduct examinations to ascertain the |
qualifications and fitness
of applicants for licensure as |
licensed architects, and pass upon the
qualifications and |
fitness of applicants for licensure by endorsement;
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(b) prescribe rules for a method of examination of |
candidates;
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(c) prescribe rules defining what constitutes a |
school, college or
university, or department of a |
university, or other institution, reputable
and in good |
standing, to determine whether or not a school, college or
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university, or department of a university, or other |
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institution is
reputable and in good standing by reference |
to compliance with such
rules, and to terminate the |
approval of such school, college or university
or |
department of a university or other institution that |
refuses admittance
to applicants solely on the basis of |
race, color, creed, sex or national
origin. The Department |
may adopt, as its own rules relating to education
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requirements, those guidelines published from time to time |
by the National
Architectural Accrediting Board;
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(d) prescribe rules for diversified professional |
training;
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(e) conduct oral interviews, disciplinary conferences |
and formal
evidentiary hearings on proceedings to impose |
fines or to suspend, revoke,
place on probationary status, |
reprimand, and refuse to issue or restore any
license |
issued under the provisions of this Act for the reasons set |
forth
in Section 22 of this Act;
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(f) issue licenses to those who meet the requirements |
of this Act;
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(g) formulate and publish rules necessary or |
appropriate to carrying out
the provisions of this Act; and
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(h) maintain membership in the National Council of |
Architectural
Registration Boards and participate in |
activities of the Council by
designation of individuals for |
the various classifications of membership and
the |
appointment of delegates for attendance at regional and |
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national meetings
of the Council. All costs associated with |
membership and attendance of such
delegates to any national |
meetings may be funded from the Design Professionals
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Administration and Investigation Fund ; and .
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(i) review such applicant qualifications to sit for the |
examination or for licensure that the Board designates |
pursuant to Section 10 of this Act. |
(2) Upon the Prior to issuance of any final decision or |
order that deviates from
any report or recommendation of the |
Board relating to the qualification of
applicants, discipline |
of licensees or registrants, or promulgation of rules,
the |
Secretary Director shall notify the Board in writing with an |
explanation of the deviation and provide a reasonable time for |
the Board to submit
written comments to the Secretary Director |
regarding the final decision or order proposed
action. In the |
event that the Board fails or declines to submit written |
comments within 30 days of the notification, the Director
may |
issue a final decision or order consistent with the
Director's |
original decision . The Department may at any time seek the |
expert
advice and knowledge of the Board on any matter relating |
to the enforcement of
this Act.
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(3) The Department may in its discretion, but shall not be |
required to, employ or utilize the legal services of outside |
counsel and the investigative services of outside personnel to |
assist the Department. However, no attorney employed or used by |
the Department shall prosecute a matter or provide legal |
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services to the Department or Board with respect to the same |
matter. |
(Source: P.A. 91-133, eff. 1-1-00; 92-16, eff. 6-28-01.)
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(225 ILCS 305/9) (from Ch. 111, par. 1309)
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(Section scheduled to be repealed on January 1, 2010)
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Sec. 9. Creation of the Board. The Director shall appoint |
an
Architecture Licensing Board which will consist of 6 |
members.
Five members
shall be licensed architects, one of whom |
shall be a tenured member of the
architectural faculty of an |
Illinois public university accredited by the National |
Architectural Accrediting Board the University of Illinois . |
The other 4 shall be
licensed architects, residing in this |
State, who have been engaged in the
practice of architecture at |
least 10 years. In addition to the 5 licensed
architects, there |
shall be one public member. The public member shall be a
voting |
member and shall not hold a license as an architect, |
professional
engineer, structural engineer or land surveyor.
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Board members shall serve 5 year terms and until their |
successors are
appointed and qualified. In making the |
designation of
persons to the Board, the Director shall give |
due consideration to
recommendations by members and |
organizations of the profession.
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The membership of the Board should reasonably reflect |
representation from
the geographic areas in this State.
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No member shall be reappointed to the Board for a term |
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which would cause
his or her continuous service on the Board to |
be longer than 10 successive
years.
Service prior to the |
effective date of this Act shall not be considered.
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Appointments to fill vacancies shall be made in the same |
manner as
original appointments, for the unexpired portion of |
the vacated term.
Initial terms shall begin upon the effective |
date of this Act and Board
members in office on that date under |
the predecessor Act may be appointed
to specific terms as |
indicated in this Section.
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Persons holding office as members of the Board under the |
Illinois
Architecture Act immediately prior to the effective |
date of this Act shall
continue as members of the Board under |
this Act until the expiration of the
term for which they were |
appointed and until their successors are appointed and
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qualified.
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Four members A quorum of the Board shall constitute a |
quorum consist of a majority of Board members
currently |
appointed . A majority vote of the quorum is required for Board
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decisions.
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The Director may remove any member of the Board for |
misconduct,
incompetence, neglect of duty, or for reasons |
prescribed by law for
removal of State officials.
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The Director may remove a member of the Board who does not |
attend 2
consecutive meetings.
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Notice of proposed rulemaking shall be transmitted to the |
Board and the
Department shall review the response of the Board |
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and any recommendations
made therein. The Department may, at |
any time, seek the expert advice and
knowledge of the Board on |
any matter relating to the administration or
enforcement of |
this Act.
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Members of the Board are immune from suit in any action |
based upon
any disciplinary proceedings or other activities |
performed in good faith as
members of the Board.
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(Source: P.A. 91-133, eff. 1-1-00.)
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(225 ILCS 305/10) (from Ch. 111, par. 1310)
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(Section scheduled to be repealed on January 1, 2010)
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Sec. 10. Powers and duties of the Board.
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(a) The Board shall hold at
least 3 regular meetings each |
year.
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(b) The Board shall annually elect a Chairperson and a Vice |
Chairperson who
shall be licensed
architects.
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(c) The Board, upon request by the Department, may make a |
curriculum
evaluation to determine if courses conform to the |
requirements of approved
architectural programs.
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(d) The Board shall assist the Department in conducting |
oral interviews,
disciplinary conferences and formal |
evidentiary hearings.
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(e) The Department may, at any time, seek the expert advice |
and knowledge
of the Board on any matter relating to the |
enforcement of this Act.
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(f) The Board may appoint a subcommittee to serve as a |
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Complaint Committee
to recommend the disposition of case files |
according to procedures established
by rule in 68 Ill. Adm. |
Code 1150.95, and any amendments or changes thereto .
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(g) The Board shall review applicant qualifications to sit |
for
the examination or for licensure and shall make |
recommendations to the
Department except for those applicant |
qualifications that the Board designates as routinely |
acceptable . The Department shall review the Board's |
recommendations on
applicant qualifications. The Secretary |
Director shall notify the Board in writing
with an explanation |
of any deviation from the Board's recommendation on
applicant |
qualifications. After review of the Secretary's Director's |
written
explanation of his or her reasons for deviation, the |
Board shall have the
opportunity to comment upon the |
Secretary's Director's decision.
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(h) The Board may shall submit written comments to the |
Secretary Director within a reasonable time 30 days
from
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notification of any final decision or order from the Secretary |
Director that deviates
from any report or recommendation of the |
Board relating to the qualifications
of applicants, unlicensed |
practice, discipline of licensees or registrants, or |
promulgation of
rules.
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(i) The Board may recommend that the Department contract
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with an individual or a corporation or other business entity to |
assist in the providing of investigative, legal, |
prosecutorial, and other services necessary to perform its
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duties pursuant to subsection (3) of Section 8 of this Act. |
(Source: P.A. 91-133, eff. 1-1-00.)
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(225 ILCS 305/11) (from Ch. 111, par. 1311)
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(Section scheduled to be repealed on January 1, 2010)
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Sec. 11. Application for original license. Applications |
for original
licensure shall be made to the Department in |
writing on forms prescribed by
the Department and shall be |
accompanied by the required fee, which is
not refundable. Any |
such application shall require information as in
the judgment |
of the Department will enable the Department to pass on the
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qualifications of the applicant to practice architecture.
The |
Department may require an applicant, at the applicant's |
expense, to have
an evaluation of the applicant's education in |
a foreign country by an evaluation service a nationally
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recognized educational body approved by the Board in accordance |
with rules
prescribed by the Department.
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An applicant who has graduated from an architectural |
program outside the
United
States or its territories and whose |
first language is not English shall submit
certification of |
passage of the Test of English as a Foreign Language (TOEFL)
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and a test of spoken English the Test of Spoken English (TSE) |
as defined by rule.
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(Source: P.A. 91-133, eff. 1-1-00.)
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(225 ILCS 305/12) (from Ch. 111, par. 1312)
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(Section scheduled to be repealed on January 1, 2010)
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Sec. 12.
Examinations; subjects; failure or refusal to take
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examination. The Department shall authorize examination of |
applicants as
architects at such times and places as it may |
determine. The examination
shall be in English and shall be |
written or written and graphic. It shall
include at a minimum |
the following subjects:
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(a) pre-design (environmental analysis, architectural |
programming,
and application of principles of project |
management and coordination);
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(b) site planning (site analysis, design and |
development, parking,
and application of zoning |
requirements);
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(c) building planning (conceptual planning of |
functional and space
relationships, building design, |
interior space layout, barrier-free design,
and the |
application of the life safety code requirements and |
principles of
energy efficient design);
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(d) building technology (application of structural |
systems, building
components, and mechanical and |
electrical systems);
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(e) general structures (identification, resolution, |
and incorporation
of structural systems and the long span |
design on the technical aspects of
the design of buildings |
and the process and construction);
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(f) lateral forces (identification and resolution of |
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the effects of
lateral forces on the technical aspects of |
the design of buildings and the
process of construction);
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(g) mechanical and electrical systems (as applied to |
the
design of buildings, including plumbing and acoustical |
systems);
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(h) materials and methods (as related to the design of |
buildings
and the technical aspects of construction); and
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(i) construction documents and services (conduct of |
architectural
practice as it relates to construction |
documents, bidding, and construction
administration and |
contractual documents from beginning to end of a building
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project).
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It shall be the responsibility of the applicant to be |
familiar with
this Act and its rules.
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Examination subject matter headings and bases on which |
examinations are
graded shall be indicated in rules pertaining |
to this Act. The Department
may adopt the examinations and |
grading procedures of the National Council
of Architectural |
Registration Boards. Content of any particular
examination |
shall not be considered public record under the Freedom of
|
Information Act.
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If an applicant neglects without an approved excuse or |
refuses to take
the next available examination offered for |
licensure under this Act, the
fee paid by the applicant shall |
be forfeited. If an applicant fails to
pass an examination for |
licensure under this Act within 3 years after
filing an |
|
application, the application shall be denied. The applicant
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may, however, make a new application for examination |
accompanied
by the required fee and must furnish proof of |
meeting the qualifications
for examination in effect at the |
time of the new application.
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An applicant shall have 5 years from the passage of the |
first examination to successfully complete all examinations |
required by rule of the Department. |
The Department may by rule prescribe additional subjects |
for examination.
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An applicant has one year from the date of notification of
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successful completion of all the examination requirements to |
apply to the
Department for a license. If an applicant fails to |
apply within one year,
the applicant shall be required to again |
take and pass the examination , unless the Department, upon |
recommendation of the Board, determines that there is |
sufficient cause for the delay that is not due to the fault of |
the applicant .
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(Source: P.A. 91-133, eff. 1-1-00; 92-16, eff. 6-28-01.)
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(225 ILCS 305/13) (from Ch. 111, par. 1313)
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(Section scheduled to be repealed on January 1, 2010)
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Sec. 13. Qualifications of applicants. Any person who is of |
good
moral character may apply take an examination for |
licensure if he
or she
is
a graduate with a first professional |
degree in architecture from a program
accredited by the |
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National Architectural Accrediting Board , has completed the
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examination requirements set forth under Section 12 of this |
Act, and has
completed such diversified professional training, |
including academic
training, as is required by rules of the |
Department. Until January 1, 2014, in lieu of the
requirement |
of graduation with a first professional degree in architecture
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from a program accredited by the National Architectural |
Accrediting Board,
the Department may admit an applicant who is |
a graduate with a
pre-professional 4 year baccalaureate degree |
accepted for direct entry into
a first professional master of |
architecture degree program, and who has
completed such |
additional diversified professional training, including
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academic training, as is required by rules of the Department. |
The
Department may adopt, as its own rules relating to |
diversified professional
training, those guidelines published |
from time to time by the National
Council of Architectural |
Registration Boards.
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Good moral character means such character as will enable a |
person to
discharge the fiduciary duties of an architect to |
that person's client and
to the public in a manner which |
protects health, safety and welfare. Evidence
of inability to |
discharge such duties may include the commission of an
offense |
justifying discipline under Section 22 19 . In addition, the
|
Department may take into consideration whether the applicant |
has engaged in
conduct or actions that would constitute grounds |
for discipline under this
Act.
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(Source: P.A. 93-1009, eff. 1-1-05; 94-543, eff. 8-10-05.)
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(225 ILCS 305/17.5 new)
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Sec. 17.5. Architect, Retired. Pursuant to Section 2105-15 |
of the Department of Professional Regulation Law of the Civil |
Administrative Code of Illinois, the Department may grant the |
title "Architect, Retired" to any person who has been duly |
licensed as an architect by the Department and who has chosen |
to place on inactive status or not renew his or her license. |
Those persons granted the title "Architect, Retired" may |
request restoration to active status under the applicable |
provisions of this Act. |
The use of the title "Architect, Retired" shall not |
constitute representation of current licensure. Any person
|
without an active license shall not be permitted to practice |
architecture as defined in this Act. |
Nothing in this Section shall be construed to require the |
Department to issue any certificate, credential, or other |
official document indicating that a person has been granted the |
title "Architect, Retired".
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(225 ILCS 305/21) (from Ch. 111, par. 1321)
|
(Section scheduled to be repealed on January 1, 2010)
|
Sec. 21. Professional design firm registration; |
conditions.
|
(a) Nothing in this Act shall prohibit the formation, under |
|
the provisions
of the Professional Service Corporation Act, of |
a corporation to offer
the practice
of architecture.
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Any business, including a
Professional
Service |
Corporation, that includes the practice of architecture within |
its stated purposes,
practices architecture, or holds itself |
out as available to practice
architecture shall
register with |
the Department under this Section. Any professional service
|
corporation, sole proprietorship, or professional design firm |
offering
architectural services must have a resident architect |
in responsible charge of overseeing the
architectural |
practices in each location in which architectural services are
|
provided who shall be designated as a managing agent .
|
Any sole proprietorship not owned and operated by an |
Illinois licensed design
professional licensed under this Act |
shall be prohibited from offering
architectural services to the |
public. "Illinois licensed design professional"
means a person |
who holds an active license as an architect under this Act,
as |
a structural engineer under the Structural Engineering |
Practice Act of
1989, or as a professional engineer under the |
Professional Engineering
Practice Act of 1989. Any sole |
proprietorship owned and operated by an
architect with an |
active license issued under this Act and conducting or
|
transacting such business under an assumed name in accordance |
with the
provisions of the Assumed Business Name Act shall |
comply with the registration
requirements of a professional |
design firm.
Any sole proprietorship owned and
operated by an
|
|
architect with an active license issued under this Act and |
conducting or
transacting such business under the real name of |
the sole proprietor is
exempt from the
registration |
requirements of a professional design firm.
|
(b) Any corporation, including a Professional Service
|
Corporation, partnership, limited liability company, or |
professional
design firm
seeking to be registered under this |
Section shall not be registered unless:
|
(1) two-thirds of the board of directors, in the case |
of a corporation,
or two-thirds of the general partners, in |
the case of a partnership, or
two-thirds of the members, in |
the case of a limited liability company, are
licensed under |
the laws of any State to practice architecture, |
professional
engineering, land surveying, or structural |
engineering; and
|
(2) a managing agent the person having the |
architectural practice in this State in his
charge is (A) a |
director in the case of a corporation, a general
partner in |
the case of a partnership, or a member in the case of a |
limited
liability company, and (B) holds a license under |
this Act.
|
Any corporation, limited liability company, professional |
service
corporation, or partnership qualifying under this |
Section and
practicing in this State shall file with the |
Department any information
concerning its officers, directors, |
members, managers, partners or
beneficial owners as the |
|
Department may, by rule, require.
|
(c) No business shall offer the practice or hold itself out |
as available
to offer the practice
of architecture until it is |
registered with the Department. Every entity registered as a |
professional design firm shall display its certificate of |
registration or a facsimile thereof in a conspicuous place in |
each office offering architectural services.
|
(d) Any business seeking to be registered under this
|
Section shall make application on a form provided by the |
Department and
shall provide any information requested by the |
Department, which shall
include but shall not be limited to all |
of the following:
|
(1) The name and architect's license number of at least |
one person
designated as the managing agent in responsible |
charge of the practice of
architecture in Illinois . In the |
case of a corporation, the corporation
shall also submit a |
certified copy of the resolution by the board of
directors |
designating at least one managing agent. If a limited |
liability
company, the company shall submit a certified |
copy of either its articles of
organization or operating |
agreement designating at least one the managing agent.
|
(2) The names and architect's, professional |
engineer's, structural
engineer's, or land surveyor's |
license numbers of the directors, in the
case
of a |
corporation,
the members, in the case of a limited |
liability company, or general
partners, in the case of a |
|
partnership.
|
(3) A list of all locations at which the professional |
design firm
provides architectural services.
|
(4) A list of all assumed names of the business. |
Nothing in this
Section shall be construed to exempt a |
business from compliance with the
requirements of the |
Assumed Business Name Act.
|
It is the responsibility of the professional design firm to
|
provide the Department notice, in writing, of any changes in |
the
information requested on the application.
|
(e) In the event a managing agent is terminated or |
terminates his or her
status
as managing agent of the |
professional design firm, the managing agent and
professional |
design firm shall notify the Department of this fact in |
writing,
by
certified mail, within 10 business days of |
termination.
|
Thereafter, the professional design firm, if it has so |
informed the
Department, has 30 days in which to notify the |
Department of the name and
architect's license number of the |
architect who is the newly designated
managing agent. If a |
corporation, the corporation shall also submit a certified
copy |
of a resolution by the board of directors designating the new |
managing
agent. If a limited liability company, the company |
shall also submit a
certified copy of either its articles of |
organization or operating agreement
designating the new |
managing agent. The Department may, upon good cause shown,
|
|
extend the original 30 day period.
|
If the professional design firm has not notified the |
Department in writing,
by certified mail within the specified |
time, the registration shall be
terminated without prior |
hearing. Notification of termination shall be sent by
certified |
mail to the last known address of record the business . If the |
professional
design firm continues to operate and offer |
architectural services after the
termination, the Department |
may seek prosecution under Sections 22, 36, and 36a
of this Act |
for the unlicensed practice of architecture.
|
(f) No professional design firm shall be relieved of |
responsibility
for the conduct or acts of its agents, |
employees, or officers by reason of
its compliance with this |
Section, nor shall any individual practicing
architecture be |
relieved of the responsibility for professional services
|
performed by reason of the individual's employment or |
relationship with a
professional design firm registered under |
this Section.
|
(g) Disciplinary action against a professional design firm |
registered
under this Section shall be administered in the same |
manner and on the same
grounds as disciplinary action against a |
licensed architect. All
disciplinary action taken or pending |
against a corporation or partnership
before the effective date |
of this amendatory Act of 1993 shall be continued or
remain in |
effect without the Department filing separate actions.
|
(Source: P.A. 91-91, eff. 1-1-00; 91-133, eff. 1-1-00.)
|
|
(225 ILCS 305/22) (from Ch. 111, par. 1322)
|
(Section scheduled to be repealed on January 1, 2010)
|
Sec. 22. Refusal, suspension and revocation of licenses; |
Causes.
|
(a) The Department may, singularly or in combination, |
refuse to issue,
renew or restore, or may suspend , or
revoke , |
place on probation, or take other disciplinary or |
non-disciplinary action as deemed appropriate, including, but |
not limited to, the imposition of fines any license or |
registration, or may place on probation, reprimand,
or fine, |
with a civil penalty not to exceed $10,000 for each violation, |
as the Department may deem proper, with regard to a license any
|
person, corporation, or partnership, or professional design |
firm licensed or
registered under this Act for any one or |
combination of the following causes reasons :
|
(1) material misstatement in furnishing information to |
the Department;
|
(2) negligence, incompetence or misconduct in the |
practice of
architecture;
|
(3) failure to comply with any of the provisions of |
this Act or any of the
rules;
|
(4) making any misrepresentation for the purpose of |
obtaining licensure;
|
(5) purposefully making false statements or signing |
false statements,
certificates or affidavits to induce |
|
payment;
|
(6) conviction of or plea of guilty or nolo contendere |
to any crime that is a felony under the laws of the United |
States , or any
state or territory thereof , which is a |
felony, whether related to the
practice of architecture or |
that is not; or conviction of any crime, whether a
felony, |
misdemeanor, or otherwise, an essential element of which is
|
dishonesty, wanton disregard for the rights of others, or |
any crime that which is directly
related to the practice of |
the profession of architecture;
|
(7) aiding or assisting another person in violating any |
provision of
this Act or its rules;
|
(8) signing, affixing the licensed architect's seal or |
permitting the
architect's seal to be affixed to any |
technical submission construction documents not prepared
|
by the architect or under that architect's responsible |
direct supervision and control;
|
(9) engaging in dishonorable, unethical or |
unprofessional conduct of a
character likely to deceive, |
defraud or harm the public;
|
(10) habitual or excessive use or addiction to alcohol, |
narcotics, stimulants, or any other chemical agent or drug |
that results in the inability to practice with reasonable |
judgment, skill, or safety habitual intoxication or |
addiction to the use of drugs ;
|
(11) making a statement of compliance pursuant to the |
|
Environmental
Barriers Act that technical submissions |
construction documents prepared by the architect Licensed |
Architect or
prepared under the licensed architect's |
responsible direct supervision and control for
|
construction or alteration of an occupancy required to be |
in compliance with
the Environmental Barriers Act are in |
compliance with the Environmental
Barriers Act when such |
technical submissions construction documents are not in |
compliance;
|
(12) a finding by the Board that an applicant or |
registrant
has failed to pay a fine imposed by the |
Department or a
registrant, whose license has been
placed |
on probationary status, has violated the terms of |
probation;
|
(13) discipline by another state, territory, foreign |
country, the
District of Columbia, the United States |
government, or any other
governmental agency, if at least |
one of the grounds for discipline is the
same or |
substantially equivalent to those set forth herein;
|
(14) failure to provide information in response to a |
written request
made by the Department within 30 days after |
the receipt of such written
request;
|
(15) physical illness, including, but not limited to, |
deterioration
through the aging process or loss of motor |
skill , mental illness, or disability which results in the
|
inability to practice the profession with reasonable |
|
judgment, skill , and or safety , including without |
limitation deterioration through the aging process, mental |
illness, or disability .
|
(a-5) In enforcing this Section, the Department or Board, |
upon a showing of a possible violation, may order a licensee or |
applicant to submit to a mental or physical examination, or |
both, at the expense of the Department. The Department or Board |
may order the examining physician to present testimony |
concerning his or her examination of the licensee or applicant. |
No information shall be excluded by reason of any common law or |
statutory privilege relating to communications between the |
licensee or applicant and the examining physician. The |
examining physicians shall be specifically designated by the |
Board or Department. The licensee or applicant may have, at his |
or her own expense, another physician of his or her choice |
present during all aspects of the examination. Failure of a |
licensee or applicant to submit to any such examination when |
directed, without reasonable cause as defined by rule, shall be |
grounds for either the immediate suspension of his or her |
license or immediate denial of his or her application. |
If the Secretary immediately suspends the license of a |
licensee for his or her failure to submit to a mental or |
physical examination when directed, a hearing must be convened |
by the Department within 15 days after the suspension and |
completed without appreciable delay. |
If the Secretary otherwise suspends a license pursuant to |
|
the results of the licensee's mental or physical examination, a |
hearing must be convened by the Department within 15 days after |
the suspension and completed without appreciable delay. The |
Department and Board shall have the authority to review the |
licensee's record of treatment and counseling regarding the |
relevant impairment or impairments to the extent permitted by |
applicable federal statutes and regulations safeguarding the |
confidentiality of medical records. |
Any licensee suspended under this subsection (a-5) shall be |
afforded an opportunity to demonstrate to the Department or |
Board that he or she can resume practice in compliance with the |
acceptable and prevailing standards under the provisions of his |
or her license. In enforcing this Section, the Board upon a |
showing of a possible
violation may request that the Department |
compel a person licensed to practice under this Act, or who has
|
applied for licensure or certification pursuant to this Act, to |
submit to a
mental or physical examination, or both, as |
required by and at the expense of
the Department. The examining |
physicians shall be those specifically
designated
by the |
Department. The Department may order the examining physician to
|
present testimony concerning this mental or physical |
examination of the
licensee or applicant. No information shall |
be excluded by reason of any
common law or statutory privilege |
relating to communications between the
licensee or applicant |
and the examining physician. The person to be examined
may |
have, at his or her own expense, another physician of his or |
|
her choice
present during all aspects of the examination. |
Failure of any person to submit
to a mental or physical |
examination, when directed, shall be grounds for
suspension of |
a license until the person submits to the examination if the
|
Department finds, after notice and hearing, that the refusal to |
submit to the
examination was without reasonable cause.
|
If the Board finds a person unable to practice because of |
the reasons set
forth in this Section, the Board may recommend |
that the Department require that person to submit to care,
|
counseling, or treatment by physicians approved or designated |
by the Department as
a condition, term, or restriction for |
continued, reinstated, or renewed
licensure to practice; or, in |
lieu of care, counseling, or treatment, the Board
may recommend |
to the Department to file a complaint to immediately suspend,
|
revoke or otherwise discipline the license of the person. Any |
person whose
license was granted, continued, reinstated, |
renewed, disciplined, or supervised
subject to such terms, |
conditions, or restrictions and who fails to comply with
such |
terms, conditions, or restrictions shall be referred to the |
Director for
a determination as to whether the person shall |
have his or her license
suspended immediately, pending a |
hearing by the Board.
|
(b) The determination by a circuit court that a licensee is |
subject to
involuntary admission or judicial admission, as |
provided in the Mental
Health and Developmental Disabilities |
Code, operates as an automatic
suspension. Such suspension will |
|
end only upon a finding by a court that
the patient 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 Secretary |
Director that the licensee be
allowed to resume practice.
|
(c) The Department shall deny a license or renewal |
authorized by this Act to a person who has defaulted on an |
educational loan or scholarship provided or guaranteed by the |
Illinois Student Assistance Commission or any governmental |
agency of this State in accordance with subdivision (a)(5) of |
Section 15 of the Department of Professional Regulation Law of |
the Civil Administrative Code of Illinois. |
(d) In cases where the Department of Healthcare and Family |
Services (formerly the Department of Public Aid) has previously |
determined that a licensee or a potential licensee is more than |
30 days delinquent in the payment of child support and has |
subsequently certified the delinquency to the Department, the |
Department shall refuse to issue or renew or shall revoke or |
suspend that person's license or shall take other disciplinary |
action against that person based solely upon the certification |
of delinquency made by the Department of Healthcare and Family |
Services in accordance with subdivision (a)(5) of Section 15 of |
the Department of Professional Regulation Law of the Civil |
Administrative Code of Illinois. |
(e) The Department shall deny a license or renewal |
authorized by this Act to a person who has failed to file a |
|
return, 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 |
Department of Revenue, until such time as the requirements of |
the tax Act are satisfied in accordance with subsection (g) of |
Section 15 of the Department of Professional Regulation Law of |
the Civil Administrative Code of Illinois. |
The Department may refuse to issue or may suspend the |
license of any
person who fails 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.
|
(f) Persons who assist the Department as consultants or |
expert witnesses in
the investigation or prosecution of alleged |
violations of the Act,
licensure matters, restoration |
proceedings, or criminal prosecutions, shall
not be liable for |
damages in any civil action or proceeding as a result of
such |
assistance, except upon proof of actual malice. The attorney |
general
shall defend such persons in any such action or |
proceeding.
|
(Source: P.A. 94-543, eff. 8-10-05.)
|
(225 ILCS 305/23.5)
|
(Section scheduled to be repealed on January 1, 2010)
|
|
Sec. 23.5. Unlicensed practice; violation; civil penalty.
|
(a) Any person who practices, offers to practice, attempts |
to practice, or
holds oneself out to practice as an architect |
without being licensed under this
Act shall, in
addition to any |
other penalty provided by law, pay a civil penalty to the
|
Department in an amount not to exceed $10,000 $5,000 for each |
offense as determined by
the Department. The civil penalty |
shall be assessed by the Department after a
hearing is held in |
accordance with the provisions set forth in this Act
regarding |
the provision of a hearing for the discipline of a licensee.
|
(a-5) Any entity that advertises architecture services in a |
telecommunications directory must include its architecture |
firm registration number or, in the case of a sole proprietor, |
his or her individual license number. Nothing in this |
subsection (a-5) requires the publisher of a |
telecommunications directory to investigate or verify the |
accuracy of the registration or license number provided by the |
advertiser of architecture services.
|
(b) The Department has the authority and power to |
investigate any and all
unlicensed activity.
|
(c) The civil penalty shall be paid within 60 days after |
the effective date
of the order imposing the civil penalty. The |
order shall constitute a judgment
and may be filed and |
execution had thereon in the same manner as any judgment
from |
any court of record.
|
(Source: P.A. 94-543, eff. 8-10-05.)
|
|
(225 ILCS 305/24) (from Ch. 111, par. 1324)
|
(Section scheduled to be repealed on January 1, 2010)
|
Sec. 24. Investigations; notice and hearing. The |
Department may investigate
the actions of any applicant or of |
any person or entity holding or claiming to
hold a license or |
registration. Before the initiation of an investigation, the
|
matter shall be reviewed by a subcommittee of the Board |
according to procedures
established by rule for the Complaint |
Committee. The Department shall, before
refusing to restore, |
issue or renew a license or registration, or discipline a
|
licensee or registrant, at least 30 days prior to the date set |
for the
hearing, notify in writing the applicant for, or holder |
of, a license or
registrant of the nature of the charges and |
that a hearing will be held on the
date designated, and direct |
the applicant or entity or licensee or registrant
to file a |
written answer to the Board under oath within 20 days after the
|
service of the notice and inform the applicant or entity or |
licensee or
registrant that failure to file an answer will |
result in default being taken
against the applicant or entity |
or licensee or registrant and that the license
or certificate |
may be suspended, revoked, placed on probationary status, or
|
other disciplinary action may be taken, including limiting the |
scope, nature or
extent of practice, as the Director may deem |
proper. Written notice may be
served by personal delivery or |
certified or registered mail to the respondent
at the address |
|
of record with his last notification to the Department. In case |
the person
or entity fails to file an answer after receiving |
notice, his or her license or
certificate may, in the |
discretion of the Department, be suspended, revoked, or
placed |
on probationary status, or the Department may take whatever |
disciplinary
action deemed proper, including limiting the |
scope, nature, or extent of the
person's practice or the |
imposition of a fine, without a hearing, if the act or
acts |
charged constitute sufficient grounds for such action under |
this Act. At
the time and place fixed in the notice, the Board |
shall proceed to hear the
charges and the parties or their |
counsel shall be accorded ample opportunity to
present such |
statements, testimony, evidence and argument as may be |
pertinent
to the charges or to their defense. The Board may |
continue the hearing from
time to time.
|
(Source: P.A. 87-1031; 88-428.)
|
(225 ILCS 305/25) (from Ch. 111, par. 1325)
|
(Section scheduled to be repealed on January 1, 2010)
|
Sec. 25. Stenographer; transcript. The Department, at its
|
expense, shall preserve a record of all proceedings at the |
formal hearing
of any case involving the refusal to restore, |
issue or renew a license, or
the discipline of a licensee.
The |
notice of hearing, complaint and all other documents in the |
nature of
pleadings and written motions filed in the |
proceedings, the transcript of
testimony, the report of the |
|
Board and the orders of the Department shall
be the record of |
the proceedings. A The Department shall furnish a
transcript of |
the record may be made available to any person interested in |
the hearing upon
payment of the fee required by Section |
2105-115 of the Department
of Professional Regulation Law (20 |
ILCS 2105/2105-115).
|
(Source: P.A. 91-239, eff. 1-1-00.)
|
(225 ILCS 305/26) (from Ch. 111, par. 1326)
|
(Section scheduled to be repealed on January 1, 2010)
|
Sec. 26. Subpoenas ; depositions; oaths of witnesses; |
Oaths . The Department has
power to subpoena documents, books, |
records, or other materials and to bring before it any person |
and to take testimony, either orally or by deposition, or take |
written interrogatories, or any combination thereof, with the |
same fees and mileage and in the same manner as is prescribed |
in civil cases in the courts of this State. |
The Secretary, the designated hearing officer, and every |
member of the Board has the power to administer oaths to |
witnesses at any hearing that the Department is authorized to |
conduct and any other oaths authorized in any Act administered |
by the Department. and bring before it any person in this State |
and to take
testimony either orally or by deposition, or both, |
with the same fees and
mileage and in the same manner as |
prescribed by law in judicial proceedings
in civil cases in |
circuit courts of this State.
|
|
The Director, and every member of the Board each have power |
to
administer oaths to witnesses at any hearing which the |
Department is
authorized by law to conduct, and any other oaths |
required or authorized in
any Act administered by the |
Department.
|
(Source: P.A. 86-702.)
|
(225 ILCS 305/29) (from Ch. 111, par. 1329)
|
(Section scheduled to be repealed on January 1, 2010)
|
Sec. 29. Hearing officer. Notwithstanding the provisions |
of
Section 28 of this Act, the Director has the authority to |
appoint
any attorney duly licensed to practice law in the State |
of Illinois to
serve as the hearing officer in any action under |
Section 24.
The Director shall notify the Board of any such |
appointment. The hearing
officer has full authority to conduct |
the hearing. The Board has
the right to have at least one |
member present at any hearing conducted
by such hearing |
officer. The hearing officer shall report his findings of
fact, |
conclusions of law and recommendations to the Board and the |
Director.
The Board has 60 days from receipt of the report to |
review the
report of the hearing officer and present its |
findings of fact,
conclusions of law and recommendations to the |
Secretary Director . If the Board fails
to present its report |
within the 60 day period, the Secretary may Director shall |
issue an
order based on the report of the hearing officer. If |
the Secretary Director
disagrees in any regard with the report |
|
of the Board or hearing officer, he
may issue an order in |
contravention thereof. The Secretary Director shall notify |
provide a
written explanation to the Board on any such |
deviation, and shall specify
with particularity the reasons for |
such action in the final order.
|
(Source: P.A. 86-702.)
|
(225 ILCS 305/31) (from Ch. 111, par. 1331)
|
(Section scheduled to be repealed on January 1, 2010)
|
Sec. 31. Restoration of suspended or revoked Issuance or |
restoration of license. At any time after the successful
|
completion of a term of suspension or revocation of a license, |
the Department may restore it to the licensee, upon the written |
recommendation of the Board, unless after an investigation and |
a hearing the Board determines that restoration is not in the |
public interest the
refusal to issue, or after the suspension |
or revocation of any license, the
Department may issue or |
restore it to the applicant without examination,
upon the |
written recommendation of the Board .
|
(Source: P.A. 86-702.)
|
(225 ILCS 305/36) (from Ch. 111, par. 1336)
|
(Section scheduled to be repealed on January 1, 2010)
|
Sec. 36. Violations. Each of the following Acts constitutes |
a
Class A misdemeanor for the first offense and a Class 4 |
felony for a second
or subsequent offense:
|
|
(a) the practice, attempt to practice or offer to |
practice architecture,
or the advertising or putting out of |
any sign or card or other device which
might indicate to |
the public that the person is entitled to practice
|
architecture, without a license as a licensed architect, or |
registration as a
professional design firm issued by the |
Department. Each day of practicing
architecture or |
attempting to practice architecture, and each instance of
|
offering to practice architecture, without a license as a |
licensed architect
or registration as a professional |
design firm constitutes a separate offense;
|
(b) the making of any wilfully false oath or |
affirmation in any matter
or proceeding where an oath or |
affirmation is required by this Act;
|
(c) the affixing of a licensed architect's seal to any |
technical submissions construction
documents which have |
not been prepared by that architect or under the
|
architect's responsible direct supervision and control;
|
(d) the violation of any provision of this Act or its |
rules;
|
(e) using or attempting to use an expired, inactive, |
suspended, or
revoked license, or the certificate or seal |
of another, or impersonating
another licensee;
|
(f) obtaining or attempting to obtain a license or |
registration by
fraud; or
|
(g) If any person, sole proprietorship, professional |
|
service corporation,
limited liability company, |
corporation or partnership, or other entity
practices |
architecture or advertises or displays any sign or card or |
other
device that might indicate to the public that the |
person or entity is entitled
to practice as an architect or |
use the title "architect" or any of its
derivations unless |
the person or other entity holds an active license as an
|
architect or registration as a professional design firm in |
the State; then, in
addition to any other penalty provided |
by law any person or other entity who
violates this |
subsection (g) shall forfeit and pay to the Design |
Professionals
Administration and Investigation Fund a |
civil penalty in an amount determined
by the Department of |
not more than $10,000 $5,000 for each offense.
|
An unlicensed person who has completed the education |
requirements, is actively participating in the diversified |
professional training, and maintains in good standing a |
training record as required for licensure by this Act may use |
the title "architectural intern", but may not independently |
engage in the practice of architecture.
|
(Source: P.A. 93-1009, eff. 1-1-05.)
|
(225 ILCS 305/38) (from Ch. 111, par. 1338)
|
(Section scheduled to be repealed on January 1, 2010)
|
Sec. 38. Fund; appropriations; investments; audits. Moneys
|
deposited in the Design Professionals Administration and |
|
Investigation Fund
shall be appropriated to the Department |
exclusively for expenses of the
Department and the Board in the |
administration of this Act, the Illinois
Professional Land |
Surveyor Act of 1989, the Professional Engineering
Practice Act |
of 1989, and the Structural Engineering Practice Act of
1989. |
The expenses of the Department under this Act shall be limited |
to the
ordinary and contingent expenses of the Design |
Professionals Dedicated
Employees within the Department as |
established under Section 2105-75 of the
Department of |
Professional Regulation Law (20 ILCS 2105/2105-75) and other
|
expenses related to the administration and enforcement of this |
Act.
|
Moneys from the Fund may also be used for direct and |
allocable indirect
costs related to the public purposes of the |
Department of Financial and Professional
Regulation. Moneys in |
the Fund may be transferred to the Professions Indirect
Cost |
Fund as authorized by Section 2105-300 of the Department of
|
Professional Regulation Law (20 ILCS 2105/2105-300).
|
All fines and penalties under Sections 22 and 36 shall be |
deposited in
the Design Professionals Administration and |
Investigation Fund.
|
Moneys in the Design Professionals Administration and |
Investigation Fund
may be invested and reinvested, with all |
earnings received from the
investments to be deposited in the |
Design Professionals Administration and
Investigation Fund and |
used for the same purposes as fees deposited in
the Fund.
|
|
Upon the completion of any audit of the Department as |
prescribed by the
Illinois State Auditing Act that includes an |
audit of the Design
Professionals Administration and |
Investigation Fund, the Department shall
make the audit open to |
inspection by any interested person. The copy of
the audit |
report required to be submitted to the Department by this
|
Section is an addition to copies of audit reports required to |
be submitted
to other State officers and agencies by Section |
3-14 of the Illinois
State Auditing Act.
|
(Source: P.A. 91-91, eff. 1-1-00; 91-133, eff. 1-1-00; 91-239, |
eff. 1-1-00;
92-16, eff. 6-28-01.)
|
Section 15. The Structural Engineering Practice Act of 1989 |
is amended by changing Sections 4, 5, 6, 7, 8, 9, 10, 11, 14, |
16, 18, 19, 20, 20.5, 21, 22, 23, 24, 26, 27, 28 and 31 and by |
adding Section 4.5 as follows:
|
(225 ILCS 340/4) (from Ch. 111, par. 6604)
|
(Section scheduled to be repealed on January 1, 2010)
|
Sec. 4. In this Act:
|
(a) "Address of record" means the designated address |
recorded by the Department in the applicant's or licensee's |
application file or license file maintained by the Department's |
licensure maintenance unit. It is the duty of the applicant or |
licensee to inform the Department of any change of address, and |
such changes must be made either through the Department's |
|
website or by directly contacting the Department. |
(b) (a) "Department" means the Department of Financial and |
Professional Regulation.
|
(c) (b) "Secretary" "Director" means the Secretary |
Director of the Department of Financial and Professional
|
Regulation.
|
(d) (c) "Board" means the Structural Engineering Board |
appointed by the
Secretary Director .
|
(e) (d) "Negligence in the practice of structural |
engineering" means the
failure to exercise that degree of |
reasonable professional skill, judgment
and diligence normally |
rendered by structural engineers in the
practice of structural |
engineering.
|
(f) (e) "Structural engineer intern" means a person who is |
a candidate for
licensure as a structural engineer and who has |
been enrolled as a structural
engineer intern.
|
(g) (f) "Structural engineer" means a person licensed under |
the laws of the
State of Illinois to practice structural |
engineering.
|
(Source: P.A. 91-91, eff. 1-1-00.)
|
(225 ILCS 340/4.5 new)
|
Sec. 4.5. References to Department or Director of |
Professional Regulation. References in this Act (i) to the |
Department of Professional Regulation are deemed, in |
appropriate contexts, to be references to the Department of |
|
Financial and Professional Regulation and (ii) to the Director |
of Professional Regulation are deemed, in appropriate |
contexts, to be references to the Secretary of Financial and |
Professional Regulation.
|
(225 ILCS 340/5) (from Ch. 111, par. 6605)
|
(Section scheduled to be repealed on January 1, 2010)
|
Sec. 5.
A person shall be regarded as practicing structural |
engineering
within the meaning of this Act who is engaged in |
the design, analysis, or supervision designing or
supervising |
of the construction, enlargement or alteration of structures,
|
or any part thereof, for others, to be constructed by persons |
other than
himself. Structures within the meaning of this Act |
are all structures
having as essential features foundations, |
columns, girders, trusses,
arches or and beams, with or without |
other parts, and in which safe design and
construction require |
that loads and stresses must be computed and the size
and |
strength of parts determined by mathematical calculations |
based upon
scientific principles and engineering data. A person |
shall also be regarded
as practicing structural engineering |
within the meaning of this Act who is
engaged as a principal in |
the design, analysis, or supervision designing and supervision |
of the construction
of structures or of the structural part of |
edifices designed solely for the
generation of electricity; or |
for the hoisting, cleaning, sizing or storing
of coal, cement, |
sand, grain, gravel or similar materials; elevators;
|
|
manufacturing plants; docks; bridges; blast furnaces; rolling |
mills; gas
producers and reservoirs; smelters; dams; |
reservoirs; waterworks; sanitary
works as applied to the |
purification of water; plants for waste and sewage
disposal; |
round houses for locomotives; railroad shops; pumping or power
|
stations for drainage districts; or power houses, even though |
such
structures may come within the definition of "buildings" |
as defined in any
Act in force in this State relating to the |
regulation of the practice of
architecture.
|
(Source: P.A. 86-711.)
|
(225 ILCS 340/6) (from Ch. 111, par. 6606)
|
(Section scheduled to be repealed on January 1, 2010)
|
Sec. 6.
The Department of Financial and Professional |
Regulation shall exercise the
following functions, powers and |
duties subject to the provisions of this Act:
|
(1) To conduct Conduct examinations to ascertain the |
qualifications and fitness of
applicants for licensure as |
licensed structural engineers, and pass upon the
|
qualifications and fitness of applicants for licensure by |
endorsement.
|
(2) To prescribe Prescribe rules for a method of |
examination of
candidates.
|
(3) To prescribe rules to establish what constitutes a |
structural engineering or related science curriculum, to |
determine if a specific curriculum qualifies as a |
|
structural engineering or related science curriculum, and |
to terminate the Department's approval of any curriculum as |
a structural engineering or related science curriculum for |
non-compliance with such rules. Prescribe rules defining |
what shall constitute a
school, college or university or |
department of a university, or other
institution, |
reputable and in good standing, and to determine the
|
reputability and good standing of a school, college or |
other institution
reputable and in good standing by |
reference to a compliance with such
rules; provided that no |
school, college or university, or
department of a |
university or other institution that refuses admittance to
|
applicants, solely on account of race, color, creed, sex, |
religion,
physical or mental handicap unrelated to |
ability, or national
origin shall be considered reputable |
and in good standing.
|
(3.5) To register Register corporations, partnerships, |
professional service
corporations, limited liability |
companies, and sole proprietorships for the
practice of |
structural engineering and issue a license to those who |
qualify.
|
(4) To investigate Investigate complaints, to conduct |
oral interviews, disciplinary
conferences, and formal |
evidentiary hearings on proceedings to refuse to
issue, |
renew or restore, or to suspend or revoke a license, or to |
place on
probation or reprimand a licensee for reasons set |
|
forth in Section 20 of this
Act.
|
(5) To formulate Formulate rules necessary to carry out |
the provisions of this Act.
|
(6) To maintain Maintain membership in a national |
organization that provides an
acceptable structural |
engineering examination and participate in activities of
|
the organization by designation of individuals for the |
various classifications
of membership and the appointment |
of delegates for attendance at regional and
national |
meetings of the organization. All costs associated with |
membership
and attendance of such delegates to any national |
meetings may be funded from
the Design Professionals |
Administration and Investigation Fund.
|
(7) To review such applicant qualifications to sit for |
the examination or for licensure that the Board designates |
pursuant to Section 8 of this Act. |
Prior to issuance of any final decision or order
that |
deviates from any report or recommendation of the Board |
relating to
the qualification of applicants, discipline of |
licensees or registrants, or
promulgation of rules, the |
Secretary Director shall notify the Board and the Secretary of
|
State in writing with an explanation of any such deviation and |
provide a
reasonable time for the Board to submit written |
comments to the Secretary Director
regarding the proposed |
action. In the event that the Board fails or declines
to submit |
such written comments within 30 days of said notification, the |
|
Secretary
Director may issue a final decision or order |
consistent with the Secretary's Director's
original decision.
|
None of these functions, powers or duties shall be
|
exercised by the Department of Professional Regulation except |
upon the
action and report in writing of the Board.
|
Whenever the Secretary is not satisfied that substantial |
justice has been done in an examination, the Secretary may |
order a reexamination by the same or other examiners. |
(Source: P.A. 91-91, eff. 1-1-00.)
|
(225 ILCS 340/7) (from Ch. 111, par. 6607)
|
(Section scheduled to be repealed on January 1, 2010)
|
Sec. 7.
The Secretary Director shall appoint a Structural |
Engineering Board ,
which shall consist of 7 6 members. Six Five |
members shall be Illinois licensed
structural engineers, who |
have been engaged in the practice of structural
engineering for |
a minimum of 10 years, and one shall be a public member.
The |
public member shall be a voting member and shall not hold a |
license as
an architect, professional engineer, structural |
engineer or land surveyor.
|
Members shall serve 5 year terms and until their successors |
are appointed
and qualified.
|
In making the designation of persons to act, the Secretary |
Director shall give due
consideration to recommendations by |
members of the profession and by
organizations of the |
structural engineering profession.
|
|
The membership of the Board should reasonably reflect |
representation from
the geographic areas in this State.
|
No member shall be reappointed to the Board for a term |
which would cause
his or her continuous service on the Board to |
be longer than 15 14
successive
years in a lifetime .
Service |
prior to the effective date of this Act shall not be considered |
in
calculating length of service.
|
Appointments to fill vacancies shall be made in the same |
manner as
original appointments, for the unexpired portion of |
the vacated term.
Initial terms under this Act shall begin upon |
the expiration of the terms
of Committee members appointed |
under The Illinois Structural Engineering Act.
|
Persons holding office as members of the Board under
this |
Act on the effective date of
this Act shall serve
as members of |
the Board under this Act
until
the expiration of the term for |
which they were appointed and until their
successors are |
appointed and qualified under this Act.
|
Four members A quorum of the Board shall constitute a |
quorum consist of a majority of Board members
appointed . A |
majority of the quorum is required for Board decisions.
|
The Secretary Director may terminate the appointment of any |
member for cause which
in the opinion of the Secretary Director |
reasonably justifies such termination,
which may include, but |
is not limited to, a Board member who does not attend
2 |
consecutive meetings.
|
Notice of proposed rulemaking shall be transmitted to the |
|
Board and the
Department shall review the response of the Board |
and any recommendations
made therein. The Department may, at |
any time, seek the expert advice and
knowledge of the Board on |
any matter relating to the administration or
enforcement of |
this Act.
|
Members of the Board shall be immune from suit in any |
action based upon
any disciplinary proceedings or other |
activities performed in good faith as
members of the Board.
|
Each member of the Board may receive compensation as |
determined by the Secretary Whenever the Director is not |
satisfied that substantial justice has been
done in an |
examination, the Director may order a reexamination by the same
|
or other examiners .
|
(Source: P.A. 91-91, eff. 1-1-00; 92-237, eff. 8-3-01.)
|
(225 ILCS 340/8) (from Ch. 111, par. 6608)
|
(Section scheduled to be repealed on January 1, 2010)
|
Sec. 8. The Board has the following powers and duties:
|
(a) The Board shall hold at least 3 regular meetings each |
year;
|
(b) The Board shall annually elect a Chairperson and a Vice |
Chairperson,
both of whom shall be Illinois licensed
structural |
engineers;
|
(c) The Board, upon request by the Department, may make a |
curriculum
evaluation to determine if courses conform to |
requirements of approved
engineering programs;
|
|
(d) The Department may at any time seek the expert advice |
and knowledge of
the Board on any matter relating to the |
enforcement of this Act;
|
(e) The Board may appoint a subcommittee to serve as a |
Complaint Committee
to recommend the disposition of case files |
according to procedures established
by rule;
|
(f) The Board shall assist the Department in conducting |
oral interviews,
disciplinary conferences, informal |
conferences, and formal evidentiary hearings;
|
(g) The Board shall review applicant qualifications to sit |
for the
examination or for licensure and shall make |
recommendations to the
Department except for those applicant |
qualifications that the Board designates as routinely |
acceptable , and the Department shall review the Board's
|
recommendations on
applicant qualifications; and
|
(h) The Board may shall submit written comments to the |
Secretary Director within a reasonable time 30 days
from |
notification of any final decision or order from the Secretary |
Director that
deviates from any report or recommendation of the |
Board relating to the
qualification of applicants, discipline |
of licensees or registrants, unlicensed practice, or
|
promulgation of rules.
|
(Source: P.A. 91-91, eff. 1-1-00.)
|
(225 ILCS 340/9) (from Ch. 111, par. 6609)
|
(Section scheduled to be repealed on January 1, 2010)
|
|
Sec. 9.
Applications for original licenses shall be made to |
the
Department in writing on forms prescribed by the Department |
and shall be
accompanied by the required fee, which is not |
refundable. The application
shall require such information as |
in the judgment of the Department will
enable the Department to |
pass on the qualifications of the applicant for
a license.
The |
Department may require an applicant, at the applicant's |
expense, to have
an evaluation of the applicant's education in |
a foreign county by a nationally
recognized evaluation service |
educational body approved by the Department Board in accordance |
with rules
prescribed by the Department.
|
An applicant who graduated from a structural engineering |
program outside the
United States or its territories and whose |
first language is not English shall
submit certification of |
passage of the Test of English as a Foreign Language
(TOEFL) |
and a test of spoken English the Test of Spoken English (TSE) |
as defined by rule.
|
(Source: P.A. 91-91, eff. 1-1-00.)
|
(225 ILCS 340/10) (from Ch. 111, par. 6610)
|
(Section scheduled to be repealed on January 1, 2010)
|
Sec. 10.
The Department shall authorize examinations of |
applicants as
structural engineers at such times and places as |
it may determine. The
examination of applicants shall be of a |
character to give a fair test of
the qualifications of the |
applicant to practice structural engineering.
|
|
Applicants for examination as structural engineers are |
required to
pay, either to the Department or the designated |
testing service, a fee
covering the cost of providing the |
examination. Failure to appear for the
examination on the |
scheduled date, at the time and place specified, after
the |
applicant's application for examination has been received and
|
acknowledged by the Department or the designated testing |
service, shall
result in the forfeiture of the examination fee.
|
If an applicant neglects, fails without an approved excuse |
or refuses
to take the next available examination offered for |
licensure under this
Act, the fee paid by the applicant shall |
be forfeited to the Department and
the application denied. If |
an applicant fails to pass an examination for a
licensure under |
this Act within 3 years after filing the application,
the |
application shall be denied. However, such applicant may |
thereafter
make a new application for examination accompanied |
by the required fee, and
must furnish proof of meeting the |
qualifications for examination in effect
at the time of new |
application.
|
(Source: P.A. 91-91, eff. 1-1-00.)
|
(225 ILCS 340/11) (from Ch. 111, par. 6611)
|
(Section scheduled to be repealed on January 1, 2010)
|
Sec. 11.
A person is qualified for enrollment as a
|
structural
engineer intern or licensure as a structural |
engineer if that person has
applied in
writing in form and |
|
substance
satisfactory to the Department and:
|
(a) The applicant is of good moral character. In |
determining moral
character
under this Section, the Department |
may take into consideration whether the
applicant has engaged |
in conduct or actions that would constitute grounds for
|
discipline under this Act.
|
(a-5) The applicant, if a structural engineer intern |
applicant, has met
the
minimum
standards for enrollment as a |
structural engineer intern,
which are as follows:
|
(1) is a graduate of an approved
structural engineering |
curriculum of at least 4 years
meeting the requirements as |
set forth by rule and passes a nominal 8-hour
written |
examination in the fundamentals of engineering; or
|
(2) is a graduate of
a related science curriculum of at |
least 4 years meeting the requirements as
set forth by rule |
and passes a nominal 8-hour written examination in the
|
fundamentals of engineering.
|
(b) The applicant, if a structural engineer applicant, has |
met the minimum
standards for
licensure as a structural |
engineer, which are as follows:
|
(1) is
a graduate of an approved structural engineering |
curriculum of at least 4 years meeting
the requirements as |
set forth by rule and submits
evidence acceptable to the |
Department of an additional 4 years or more of
experience |
in structural engineering work of a grade and character |
which
indicates that the individual may be competent to |
|
practice structural
engineering as set forth by rule; or
|
(2) is a graduate of an approved
related science |
curriculum of at least
4
years meeting the requirements as |
set forth by rule who submits
evidence acceptable to the |
Department of an additional 8 years or more of
progressive |
experience in structural engineering work of a grade and
|
character which indicates that the individual may be |
competent to practice
structural engineering as set forth |
by rule.
|
(c) The applicant, if a structural engineer applicant, has |
passed an
examination authorized conducted by the Department as |
determined by rule
to
determine his or her fitness to receive a |
license as a structural engineer Structural Engineer .
|
(Source: P.A. 91-91, eff. 1-1-00.)
|
(225 ILCS 340/14) (from Ch. 111, par. 6614)
|
(Section scheduled to be repealed on January 1, 2010)
|
Sec. 14.
The expiration date and renewal period for each |
license
issued under this Act shall be set by rule. The holder |
of a license
may renew the license during the month preceding |
its
expiration date by paying the required fee.
Beginning |
January 1, 1996, the holder of a license may renew the license
|
during the month preceding its expiration by paying the |
required fee and
submitting satisfactory evidence of knowledge |
in seismic design.
|
A licensed structural engineer who has permitted his |
|
license
to expire or who placed his license on inactive status
|
may have his license restored by making application to
the |
Department and filing proof acceptable to the Department of |
fitness
to have the license restored, including sworn evidence
|
certifying to active practice in another jurisdiction |
satisfactory to the
Department and by submitting evidence of |
knowledge in seismic design and by paying the required |
restoration fee.
|
If the licensed structural engineer has not maintained an |
active practice
in another jurisdiction satisfactory to the |
Department, the Board shall
determine, by an evaluation program |
established by rule, that person's
fitness to resume active |
status and may require the licensed structural
engineer to |
complete an examination.
|
Any licensed structural engineer whose license has been |
expired
for more than 5 years may have his license restored by |
making application
to the Department and filing proof |
acceptable to the Department
of fitness to have the license |
restored, including sworn evidence
certifying to active |
practice in another jurisdiction and by paying the
required |
restoration fee.
|
However, any licensed structural engineer whose license
|
has expired while such engineer was engaged (1) in federal
|
service on active duty with the Army of the United States, the |
United
States Navy, the Marine Corps, the Air Force, the Coast |
Guard, or the
State Militia called into the service or training |
|
of the United States
of America, or (2) in training or |
education under the supervision of the
United States |
preliminary to induction into the military service, may
have |
his license restored or reinstated without paying any lapsed |
renewal fees,
reinstatement fee or restoration fee or passing |
any examination, if within 2
years after termination of such |
service, training or education other than by
dishonorable |
discharge such person furnishes the Department with an |
affidavit
to the effect that he has been so engaged and that |
the service, training or
education has been so terminated.
|
(Source: P.A. 86-711; 87-1237.)
|
(225 ILCS 340/16) (from Ch. 111, par. 6616)
|
(Section scheduled to be repealed on January 1, 2010)
|
Sec. 16.
The Department may, in its discretion, license as |
a
structural engineer upon payment of the
required fee, an
|
applicant who is a structural engineer licensed under the laws |
of another
state or territory, or of another country, if the |
requirements for
licensure in the state or , territory or |
country were, at the date of
licensure, substantially |
equivalent to the requirements in force in this
State on that |
date.
|
Applicants have 3 years from the date of application to |
complete the
application process. If the process has not been |
completed in 3 years,
the application shall be denied, the fee |
forfeited and the applicant must
reapply and meet the |
|
requirements in effect at the time of reapplication.
|
(Source: P.A. 91-91, eff. 1-1-00.)
|
(225 ILCS 340/18) (from Ch. 111, par. 6618)
|
(Section scheduled to be repealed on January 1, 2010)
|
Sec. 18.
A roster showing the names and addresses of all
|
structural engineers licensed under this Act shall be prepared |
by the
Department each year . This roster shall be available |
upon written request
and payment of the required fee.
|
(Source: P.A. 86-711.)
|
(225 ILCS 340/19) (from Ch. 111, par. 6619)
|
(Section scheduled to be repealed on January 1, 2010)
|
Sec. 19. Professional design firm registration; |
conditions.
|
(a) Nothing in this Act prohibits the formation, under the |
provisions of the
Professional Service Corporation Act, as |
amended, of a corporation to practice
structural engineering.
|
Any business, including a Professional Service |
Corporation, that
includes within its stated purposes, |
practices, or holds itself out as
available to practice, |
structural engineering, shall be registered with
the |
Department pursuant to the provisions of this Section.
|
Any sole proprietorship not owned and operated by an |
Illinois licensed
design professional licensed under this Act |
shall be prohibited from
offering structural engineering |
|
services to the public. "Illinois licensed
design |
professional" means a person who holds an active license as a |
structural
engineer under this Act, as an architect under the |
Illinois
Architecture Practice Act of 1989, or as a |
professional engineer under the
Professional Engineering |
Practice Act of 1989.
Any sole proprietorship owned and |
operated by a structural engineer with an
active license issued |
under this Act and conducting or transacting such
business |
under an assumed name in accordance with the provisions of the |
Assumed
Business Name Act shall comply with the registration |
requirements of a
professional design firm.
Any sole |
proprietorship owned
and operated by a structural engineer with |
an active license issued under this
Act and conducting or |
transacting such business under the real name of the
sole |
proprietor is exempt from the registration requirements of a
|
professional design
firm.
|
Any partnership which includes within its purpose, |
practices, or
holds itself out as available to practice |
structural engineering,
shall register with the Department |
pursuant to the provisions set forth
in this Section.
|
(b) Any professional design firm seeking to be registered |
under the
provisions of this Section shall not be registered |
unless at least one a managing agent in
charge of structural |
engineering activities in this State is designated by the
|
professional design firm. A designated managing agent must at |
all times maintain a valid,
active license to practice |
|
structural engineering in Illinois.
|
No individual whose license to practice structural |
engineering in this
State is currently in a suspended or |
revoked status shall act as a managing
agent for a professional |
design firm.
|
(c) No business shall practice or hold itself out as |
available to practice
structural engineering until it is |
registered with the Department.
|
(d) Any business seeking to be registered under this |
Section shall apply for
a certificate of registration on a form |
provided by the Department and shall
provide such information |
as requested by the Department, which shall include
but shall |
not be limited to:
|
(1) the name and license number of the person |
designated as the
managing agent in responsible charge of |
the practice of structural
engineering in Illinois. In the |
case of a corporation, the corporation
shall also submit a |
certified copy of the resolution by the board of directors
|
designating the managing agent. In the case of a limited |
liability company,
the company shall submit a certified |
copy of either its articles of
organization or operating |
agreement designating the managing agent;
|
(2) the names and license numbers of the directors, in |
the case of a
corporation, the members, in the case of a |
limited liability company, or
general partners, in the case |
of a partnership;
|
|
(3) a list of all locations at which the professional |
design firm
provides structural engineering services to |
the public; and
|
(4) A list of all assumed names of the business. |
Nothing in this
Section shall be construed to exempt a |
professional design firm, sole
proprietorship, or |
professional service corporation from compliance with the
|
requirements of the Assumed Business Name Act.
|
It shall be the responsibility of the professional design |
firm to provide
the Department notice, in writing, of any |
changes in the information
requested on the application.
|
(e) In the event a managing agent is terminated or |
terminates his status
as managing agent of the professional |
design firm, such managing agent and professional design firm |
shall notify the Department of this fact in writing, by
|
certified mail, within 10 business days of such termination.
|
Thereafter, the professional design firm, if it has so |
informed the
Department, shall have 30 days in which to notify |
the Department
of the name and registration number of a newly |
designated managing agent. If a
corporation, the corporation |
shall also submit a certified copy of a resolution
by the board |
of directors designating the new managing agent. If a limited
|
liability company, the company shall also submit a certified |
copy of either its
articles of organization or operating |
agreement designating the new managing
agent. The Department |
may, upon good cause shown, extend the original 30 day
period.
|
|
If the professional design firm fails to notify the |
Department in writing
by certified mail within the specified |
time, the registration shall be
terminated without prior |
hearing. Notification of termination shall be sent to the |
address of record by
certified mail to the last known address |
of the business . If the professional
design firm continues to |
operate and offer structural engineering services
after the |
termination, the Department may seek prosecution under |
Sections 20,
34, and 34a of this Act for the unlicensed |
practice of structural engineering.
|
(f) No professional design firm shall be relieved of |
responsibility for the
conduct or acts of its agents, |
employees, members, managers, or officers by
reason of its |
compliance with this Section, nor shall any individual |
practicing
structural engineering be relieved of the |
responsibility for professional
services performed by reason |
of the individual's employment or relationship
with a |
professional design firm registered under this Section.
|
(g) Disciplinary action against a professional design firm |
registered
under this Section shall be administered in the same |
manner and on the same
grounds as disciplinary action against a |
licensed structural engineer.
All disciplinary action taken or |
pending against a corporation or
partnership before the |
effective date of this amendatory Act of 1993 shall be
|
continued or remain in effect without the Department filing |
separate actions.
|
|
It is unlawful for any person to practice, or to attempt to |
practice,
structural engineering, without being licensed under |
this Act. It is unlawful
for any business not subject to the |
sole proprietorship exemption to offer or
provide structural |
engineering services without active registration issued by
the |
Department as a professional design firm or professional |
service
corporation.
|
(Source: P.A. 91-91, eff. 1-1-00.)
|
(225 ILCS 340/20) (from Ch. 111, par. 6620)
|
(Section scheduled to be repealed on January 1, 2010)
|
Sec. 20. Refusal; revocation; suspension. |
(a) The Department may refuse to issue or renew, or may |
revoke a license, or may suspend, place on probation, fine, or |
take any disciplinary or non-disciplinary action as the |
Department may deem proper, including a fine not to exceed |
$10,000 for each violation, with regard to any licensee for any |
one or combination of the following reasons: The Department |
may, singularly or in combination, refuse to
issue, renew, or |
restore, or may
suspend or revoke any license or certificate of |
registration, or may place on
probation, reprimand, or fine, |
with a civil penalty not to exceed $10,000 for
each violation, |
any person, corporation, partnership, or professional design
|
firm registered or licensed under this Act for any of the |
following reasons:
|
(1) Material misstatement in furnishing information to |
|
the Department;
|
(2) Negligence, incompetence or misconduct in the |
practice of
structural engineering;
|
(3) Making any misrepresentation for the purpose of |
obtaining licensure;
|
(4) The affixing of a licensed structural engineer's |
seal to any plans,
specifications or drawings which have |
not been prepared by or under the
immediate personal |
supervision of that licensed structural engineer or
|
reviewed as provided in this Act;
|
(5) Conviction of, or entry of a plea of guilty or nolo |
contendere to, any crime that is a felony under the laws of |
the United States or of any state or territory thereof, or |
that is a misdemeanor an essential element of which is |
dishonesty, or any crime that is directly related to the |
practice of the profession Conviction of any crime under |
the laws of the United States, or any
state or territory |
thereof, which is a felony, whether related to the
practice |
of Structural Engineering or not, or conviction of any |
crime,
whether a felony, misdemeanor, or otherwise, an |
essential element of which
is dishonesty, or which is |
directly related to the practice of structural
|
engineering ;
|
(6) Making a statement of compliance pursuant to the |
Environmental
Barriers Act, as now or hereafter amended, |
that a plan for construction or
alteration of a public |
|
facility or for construction of a multi-story
housing unit |
is in compliance with the Environmental Barriers Act when |
such
plan is not in compliance;
|
(7) Failure to comply with any of the provisions of |
this Act or its rules;
|
(8) Aiding or assisting another person in violating any |
provision of
this Act or its rules;
|
(9) Engaging in dishonorable, unethical or |
unprofessional conduct of a
character likely to deceive, |
defraud or harm the public, as defined by
rule;
|
(10) Habitual or excessive use or addiction to alcohol, |
narcotics, stimulants, or any other chemical agent or drug |
that results in the inability to practice with reasonable |
judgment, skill, or safety Habitual intoxication or |
addiction to the use of drugs ;
|
(11) Failure of A finding by the Board that an |
applicant or licensee has failed
to pay
a fine imposed by |
the Department or a licensee whose license has been
placed |
on probationary status has violated the terms of probation;
|
(12) Discipline by another state, territory, foreign |
country, the
District of Columbia, the United States |
government, or any other
governmental agency, if at least |
one of the grounds for discipline is the
same or |
substantially equivalent to those set forth in this |
Section;
|
(13) Failure to provide information in response to a |
|
written request
made by the Department within 30 days after |
the receipt of such written
request; or
|
(14) Physical illness, including but not limited to, |
deterioration through the aging process or loss of motor |
skill, mental illness, or disability which results in the |
inability to practice the
profession of structural |
engineering with reasonable judgment, skill , or
safety . ; |
or
|
(a-5) In enforcing this Section, the Department or Board, |
upon a showing of a possible violation, may order a licensee or |
applicant to submit to a mental or physical examination, or |
both, at the expense of the Department. The Department or Board |
may order the examining physician to present testimony |
concerning his or her examination of the licensee or applicant. |
No information shall be excluded by reason of any common law or |
statutory privilege relating to communications between the |
licensee or applicant and the examining physician. The |
examining physicians shall be specifically designated by the |
Board or Department. The licensee or applicant may have, at his |
or her own expense, another physician of his or her choice |
present during all aspects of the examination. Failure of a |
licensee or applicant to submit to any such examination when |
directed, without reasonable cause as defined by rule, shall be |
grounds for either the immediate suspension of his or her |
license or immediate denial of his or her application. |
If the Secretary immediately suspends the license of a |
|
licensee for his or her failure to submit to a mental or |
physical examination when directed, a hearing must be convened |
by the Department within 15 days after the suspension and |
completed without appreciable delay. |
If the Secretary otherwise suspends a license pursuant to |
the results of the licensee's mental or physical examination, a |
hearing must be convened by the Department within 15 days after |
the suspension and completed without appreciable delay. The |
Department and Board shall have the authority to review the |
licensee's record of treatment and counseling regarding the |
relevant impairment or impairments to the extent permitted by |
applicable federal statutes and regulations safeguarding the |
confidentiality of medical records. |
Any licensee suspended under this subsection (a-5) shall be |
afforded an opportunity to demonstrate to the Department or |
Board that he or she can resume practice in compliance with the |
acceptable and prevailing standards under the provisions of his |
or her license. In enforcing this Section, the Board upon a |
showing of a possible
violation may compel a person licensed to |
practice under this Act, or who has
applied for licensure or |
certification pursuant to this Act, to submit to a
mental or |
physical examination, or both, as required by and at the |
expense of
the Department. The examining physicians shall be |
those specifically
designated by the Board. The Board or the |
Department may order the examining
physician to present |
testimony concerning this mental or physical examination
of the |
|
licensee or applicant. No information shall be excluded by |
reason of
any common law or statutory privilege relating to |
communications between the
licensee or applicant and the |
examining physician. The person to be examined
may have, at his |
or her own expense, another physician of his or her choice
|
present during all aspects of the examination. Failure of any |
person to submit
to a mental or physical examination, when |
directed, shall be grounds for
suspension of a license until |
the person submits to the examination if the
Board
finds, after |
notice and hearing, that the refusal to submit to the |
examination
was without reasonable cause.
|
If the Board finds a person unable to practice because of |
the reasons set
forth in this Section, the Board may require |
that person to submit to care,
counseling, or treatment by |
physicians approved or designated by the Board as
a condition, |
term, or restriction for continued, reinstated, or renewed
|
licensure to practice; or, in lieu of care, counseling, or |
treatment, the Board
may recommend to the Department to file a |
complaint to immediately suspend,
revoke, or otherwise |
discipline the license of the person. Any person whose
license |
was granted, continued, reinstated, renewed, disciplined, or |
supervised
subject to such terms, conditions, or restrictions |
and who fails to comply
with such terms, conditions, or |
restrictions shall be referred to the Director
for a |
determination as to whether the person shall have his or her |
license
suspended immediately, pending a hearing by the Board.
|
|
(b) The determination by a circuit court that a licensee is |
subject to
involuntary admission or judicial admission, as |
provided in the Mental
Health and Developmental Disabilities |
Code, operates as an automatic
suspension. Such suspension will |
end only upon a finding by a court that
the patient 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 Secretary |
Director that
the licensee be allowed to resume practice.
|
(c) The Department shall deny a license or renewal |
authorized by this Act to a person who has defaulted on an |
educational loan or scholarship provided or guaranteed by the |
Illinois Student Assistance Commission or any governmental |
agency of this State in accordance with subdivision (a)(5) of |
Section 15 of the Department of Professional Regulation Law of |
the Civil Administrative Code of Illinois. |
(d) In cases where the Department of Healthcare and Family |
Services (formerly the Department of Public Aid) has previously |
determined that a licensee or a potential licensee is more than |
30 days delinquent in the payment of child support and has |
subsequently certified the delinquency to the Department, the |
Department shall refuse to issue or renew or shall revoke or |
suspend that person's license or shall take other disciplinary |
action against that person based solely upon the certification |
of delinquency made by the Department of Healthcare and Family |
Services in accordance with subdivision (a)(5) of Section 15 of |
|
the Department of Professional Regulation Law of the Civil |
Administrative Code of Illinois. |
(e) The Department shall deny a license or renewal |
authorized by this Act to a person who has failed to file a |
return, 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 |
Department of Revenue, until such time as the requirements of |
the tax Act are satisfied in accordance with subsection (g) of |
Section 15 of the Department of Professional Regulation Law of |
the Civil Administrative Code of Illinois. |
The Department may refuse to issue, or may suspend, the |
license of any
person who fails 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 such tax Act
are |
satisfied.
|
(f) Persons who assist the Department as consultants or |
expert witnesses in
the investigation or prosecution of alleged |
violations of the Act,
licensure matters, restoration |
proceedings, or criminal prosecutions, are
not liable for |
damages in any civil action or proceeding as a result of
such |
assistance, except upon proof of actual malice. The Attorney |
General
of the State of Illinois shall defend such persons in |
any such action or
proceeding.
|
|
(Source: P.A. 91-91, eff. 1-1-00.)
|
(225 ILCS 340/20.5)
|
(Section scheduled to be repealed on January 1, 2010)
|
Sec. 20.5. Unlicensed practice; violation; civil penalty.
|
(a) Any person who practices, offers to practice, attempts |
to practice, or
holds oneself out to practice structural |
engineering without being licensed
under this Act shall, in
|
addition to any other penalty provided by law, pay a civil |
penalty to the
Department in an amount not to exceed $10,000 |
$5,000 for each offense as determined by
the Department. The |
civil penalty shall be assessed by the Department after a
|
hearing is held in accordance with the provisions set forth in |
this Act
regarding the provision of a hearing for the |
discipline of a licensee.
|
(b) The Department has the authority and power to |
investigate any and all
unlicensed activity.
|
(c) The civil penalty shall be paid within 60 days after |
the effective date
of the order imposing the civil penalty. The |
order shall constitute a judgment
and may be filed and |
execution had thereon in the same manner as any judgment
from |
any court of record.
|
(Source: P.A. 89-474, eff. 6-18-96.)
|
(225 ILCS 340/21) (from Ch. 111, par. 6621)
|
(Section scheduled to be repealed on January 1, 2010)
|
|
Sec. 21.
(a) If any person violates a provision of this |
Act, the
Secretary Director may, in the name of the People of |
the State of Illinois, through
the Attorney General 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. If it is established
that such person has violated |
or is violating the injunction, the Court may
punish the |
offender for contempt of court. Proceedings under this Section
|
are in addition to, and not in lieu of, all other remedies and |
penalties
provided by this Act.
|
(b) If any person practices as a licensed structural |
engineer or holds
himself out as a structural engineer without |
being licensed under the
provisions of this Act, then any |
licensed structural engineer, any
interested party or any |
person injured thereby may, in addition to the
Secretary |
Director , petition for relief as provided in subsection (a) of |
this Section.
|
(c) Whenever in the opinion of the Department any person |
violates any
provision of 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.
|
(Source: P.A. 86-711.)
|
(225 ILCS 340/22) (from Ch. 111, par. 6622)
|
(Section scheduled to be repealed on January 1, 2010)
|
Sec. 22. Investigation; notice. The Department may |
investigate the actions
of any applicant or any person or |
entity holding or claiming to hold a license
or registration or |
any person or entity practicing, or offering to practice
|
structural engineering. Before the initiation of an |
investigation the matter
shall be reviewed by a subcommittee of |
the Board according to procedures
established by rule for the |
Complaint Committee. The Department shall, before
refusing to |
issue, restore or renew a license or registration, or |
discipline a
licensee or registrant, at least 30 days prior to |
the date set for the
hearing, notify in writing the applicant |
for, or holder of, a license or
registration of the nature of |
the charges and that a hearing will be held on
the date |
designated. The Department shall direct the applicant or |
licensee or
registrant or entity to file a written answer to |
the Board under oath within 20
days after the service of the |
notice and inform the applicant or licensee or
registrant or |
entity that failure to file an answer will result in default
|
being taken against the applicant or entity or licensee or |
|
registrant and that
the license or certificate may be |
suspended, revoked, placed on probationary
status, or other |
disciplinary action may be taken, including limiting the
scope, |
nature or extent of practice, as the Secretary Director may |
deem proper. Written
notice may be served by personal delivery |
or certified or registered mail to
the respondent at the |
address of record his last notification to the Department .
In |
case the person or entity fails to file an answer after |
receiving notice,
his or her license or certificate may, in the |
discretion of the Department, be
suspended, revoked, or placed |
on probationary status, or the Department may
take whatever |
disciplinary action deemed proper, including limiting the
|
scope, nature, or extent of the practice or the imposition of a |
fine, without a
hearing, if the act or acts charged constitute |
sufficient grounds for such
action under this Act. At the time |
and place fixed in the notice,
the Board shall proceed to hear |
the charges and the parties or their
counsel shall be accorded |
ample opportunity to present such statements,
testimony, |
evidence and argument as may be pertinent to the charges or
|
their defense. The Board may continue a hearing from time to |
time.
|
(Source: P.A. 87-1031; 88-428.)
|
(225 ILCS 340/23) (from Ch. 111, par. 6623)
|
(Section scheduled to be repealed on January 1, 2010)
|
Sec. 23. Record; transcript. The Department, at its |
|
expense, shall
preserve a record of
all proceedings at the |
formal hearing of any case involving the refusal to
issue, |
restore or renew a license or the discipline of a licensee . The
|
notice of hearing, complaint and all other documents in the |
nature of
pleadings and written motions filed in the |
proceedings, the transcript of
testimony, the report of the |
Board and the orders of the Department shall
be the record of |
the proceedings. The Department shall furnish a
transcript of |
the record to any person interested in the hearing
upon
payment |
of the fee required under Section 2105-115 of the
Department of |
Professional Regulation Law (20 ILCS 2105/2105-115).
|
(Source: P.A. 91-239, eff. 1-1-00.)
|
(225 ILCS 340/24) (from Ch. 111, par. 6624)
|
(Section scheduled to be repealed on January 1, 2010)
|
Sec. 24. Subpoenas; depositions; oaths. The Department has |
the power to subpoena documents, books, records or other |
materials and to bring before it any person and to take |
testimony either orally or by deposition, or take written |
interrogatories, or any combination thereof, with the same fees |
and mileage and in the same manner as is prescribed in civil |
cases in the courts of this State. The Department has power to |
subpoena and bring
before it any person in this State and to |
take testimony either orally
or by deposition, or both, with |
the same fees and mileage and in the
same manner as prescribed |
by law in judicial proceedings
in civil cases in circuit courts |
|
of this State.
|
The Secretary, the designated hearing officer Director , |
and any member of the Board designated by the Director
shall |
each have the power to administer oaths to witnesses at any |
hearing which
the Department is authorized by law to conduct, |
and any other oaths
required or authorized in any Act |
administered by the Department.
|
(Source: P.A. 86-711.)
|
(225 ILCS 340/26) (from Ch. 111, par. 6626)
|
(Section scheduled to be repealed on January 1, 2010)
|
Sec. 26. At the conclusion of the hearing, the The Board |
shall present to the Secretary Director its written report
of |
its findings and recommendations. A copy of the report shall be |
served
upon the accused person, either personally or to the |
address of record by certified or registered mail .
The Board |
may take into consideration in making its recommendations for
|
discipline all facts and circumstances bearing upon the |
reasonableness of
the conduct of the respondent and the |
potential for future harm to the
public, including but not |
limited to previous discipline by the Department,
intent, |
degree of harm to the public and likelihood of harm in the |
future,
any restitution made, and whether the incident or |
incidents complained of
appear to be isolated or a pattern of |
conduct. In making its
recommendations for discipline, the |
Board shall endeavor to ensure that the
severity of the |
|
discipline recommended bears some reasonable relationship
to |
the severity of the violation. Within 20
days after such |
service, the accused person may present to the Department
a |
motion in writing for a rehearing, which shall specify
the |
particular grounds for rehearing. If the accused person orders |
and pays
for a transcript of the record as provided in this |
Section, the time
elapsing after payment and before the |
transcript is ready for delivery
shall not be counted as part |
of such 20 days. If no motion for rehearing
is filed, then upon |
the expiration of the time specified for filing the
motion, or |
if a motion for rehearing is denied, then upon such denial, the
|
Secretary Director may enter an order in accordance with |
recommendations of the Board
except as provided in Section 8 of |
this Act .
|
Whenever the Secretary Director is not satisfied that |
substantial justice has been
done, he may order a rehearing by |
the same or another special board.
At the expiration of the |
time specified for filing a motion for a
rehearing, the |
Secretary Director has the right to take the action recommended
|
by the Board. Upon the suspension or revocation of his license, |
a
licensee shall be required to surrender his license to the |
Department, and
upon his failure or refusal to do so, the |
Department shall have the right
to seize the same.
|
(Source: P.A. 86-711.)
|
(225 ILCS 340/27) (from Ch. 111, par. 6627)
|
|
(Section scheduled to be repealed on January 1, 2010)
|
Sec. 27.
Notwithstanding the provisions of Section 26 of |
this Act,
the Secretary Director shall have the authority to |
appoint any attorney duly licensed
to practice law in the State |
of Illinois to serve as the hearing officer in
any action for |
discipline of a licensee. The Director shall notify the
Board |
of any such appointment. The hearing officer has full
authority |
to conduct the hearing. The Board has the right to have
at |
least one member present at any hearing conducted by such |
hearing
officer. The hearing officer shall report his findings |
of fact,
conclusions of law and recommendations to the Board |
and the Secretary Director . The
Board shall have 60 days from |
receipt of the report to review the report of
the hearing |
officer and present their findings of fact, conclusions of law
|
and recommendations to the Secretary Director . If the Board |
fails to present its
report within the 60 day period, the |
Secretary Director shall issue an order based
on the report of |
the hearing officer. If the Secretary Director disagrees in any
|
regard with the report of the Board or hearing officer, he may |
issue an
order in contravention thereof. The Secretary Director |
shall notify provide a written
explanation to the Board on any |
such deviation , and shall specify with
particularity the |
reasons for such action in the final order .
|
(Source: P.A. 86-711.)
|
(225 ILCS 340/28) (from Ch. 111, par. 6628)
|
|
(Section scheduled to be repealed on January 1, 2010)
|
Sec. 28. Order or certified copy; prima facie proof. An |
order or a
certified copy thereof, over the seal of the |
Department and purporting to be
signed by the Secretary |
Director , shall be prima facie proof that:
|
1. the signature is the genuine signature of the
|
Secretary Director ;
|
2. the Secretary Director is duly appointed and |
qualified;
and
|
3. the Board and the members thereof are qualified to |
act.
|
Such proof may be rebutted.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(225 ILCS 340/31) (from Ch. 111, par. 6631)
|
(Section scheduled to be repealed on January 1, 2010)
|
Sec. 31.
The Secretary Director may temporarily suspend the |
license of a
structural engineer without a hearing, |
simultaneously with the institution
of proceedings for a |
hearing provided for in Section 22 of this Act, if
the |
Secretary Director finds that evidence in his possession |
indicates that a
structural engineer's continuation in |
practice would constitute an imminent
danger to the public. In |
the event that the Secretary Director temporarily suspends
the |
license of a structural engineer without a hearing, a
hearing |
by the Board must be commenced within 30 days after such
|