Public Act 096-0610
 
SB0122 Enrolled LRB096 02999 ASK 14724 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Regulatory Sunset Act is amended by changing
Section 4.20 and by adding Section 4.30 as follows:
 
    (5 ILCS 80/4.20)
    Sec. 4.20. Acts repealed on January 1, 2010 and December
31, 2010.
    (a) The following Acts are repealed on January 1, 2010:
        The Auction License Act.
        The Illinois Architecture Practice Act of 1989.
        The Illinois Landscape Architecture Act of 1989.
        The Illinois Professional Land Surveyor Act of 1989.
        The Land Sales Registration Act of 1999.
        The Orthotics, Prosthetics, and Pedorthics Practice
    Act.
        The Perfusionist Practice Act.
        The Professional Engineering Practice Act of 1989.
        The Real Estate License Act of 2000.
        The Structural Engineering Practice Act of 1989.
    (b) The following Act is repealed on December 31, 2010: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.)
 
    (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 Act repealed on January 1, 2020.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Act is repealed on January 1, 2020: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:
 
    (225 ILCS 305/3)  (from Ch. 111, par. 1303)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 3. Application of Act. Nothing in this Act shall be
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
Professional Engineering Practice Act of 1989.
    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
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
architect by whom the construction documents including
drawings and specifications of any such building, enlargement
or alteration were prepared.
    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.
    The involvement of a licensed architect is not required for
the following:
        (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.
        (B) The construction, remodeling or repairing of a
    detached single family residence on a single lot.
        (C) The construction, remodeling or repairing of a
    two-family residence of wood frame construction on a single
    lot, not more than two stories and basement in height.
        (D) Interior design services for buildings which do not
    involve life safety or structural changes.
    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
alterations which result in life safety or structural changes
of the building are subject to the requirements of this Act.
(Source: P.A. 92-16, eff. 6-28-01; 93-1009, eff. 1-1-05.)
 
    (225 ILCS 305/4)  (from Ch. 111, par. 1304)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 4. Definitions. In this Act:
    "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.
    "Architect, Retired" means a person who has been duly
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
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.
    "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.
    (c) "Board" means the Illinois Architecture Licensing
Board appointed by the Director.
    (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.
    (e) "Public safety" as related to the practice of
architecture means the state of being reasonably free from risk
of danger, damage, or injury.
    (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.
    "Secretary" means the Secretary of Financial and
Professional Regulation.
(Source: P.A. 93-1009, eff. 1-1-05.)
 
    (225 ILCS 305/4.5 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 305/5)  (from Ch. 111, par. 1305)
    (Section scheduled to be repealed on January 1, 2010)
    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.
    (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
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.
    (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.)
 
    (225 ILCS 305/6)  (from Ch. 111, par. 1306)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 6. Technical submissions. All technical submissions
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.
    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.
    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
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.)
 
    (225 ILCS 305/8)  (from Ch. 111, par. 1308)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 8. Powers and duties of the Department.
    (1) Subject to the provisions of this Act, the Department
shall exercise the following functions, powers, and duties:
        (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;
        (b) prescribe rules for a method of examination of
    candidates;
        (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
    university, or department of a university, or other
    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
    requirements, those guidelines published from time to time
    by the National Architectural Accrediting Board;
        (d) prescribe rules for diversified professional
    training;
        (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;
        (f) issue licenses to those who meet the requirements
    of this Act;
        (g) formulate and publish rules necessary or
    appropriate to carrying out the provisions of this Act; and
        (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
    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
    Administration and Investigation Fund; and .
        (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.
    (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
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.)
 
    (225 ILCS 305/9)  (from Ch. 111, par. 1309)
    (Section scheduled to be repealed on January 1, 2010)
    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.
    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.
    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 10 successive years. Service prior to the
effective date of this Act shall not be considered.
    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.
    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
qualified.
    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
decisions.
    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.
    The Director may remove a member of the Board 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 are immune from suit in any action
based upon any disciplinary proceedings or other activities
performed in good faith as members of the Board.
(Source: P.A. 91-133, eff. 1-1-00.)
 
    (225 ILCS 305/10)  (from Ch. 111, par. 1310)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 10. Powers and duties of the Board.
    (a) The Board shall hold at least 3 regular meetings each
year.
    (b) The Board shall annually elect a Chairperson and a Vice
Chairperson who shall be licensed architects.
    (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.
    (d) The Board shall assist the Department in conducting
oral interviews, disciplinary conferences and formal
evidentiary hearings.
    (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.
    (f) 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 in 68 Ill. Adm.
Code 1150.95, and any amendments or changes thereto.
    (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.
    (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 qualifications of applicants, unlicensed
practice, discipline of licensees or registrants, or
promulgation of rules.
    (i) The Board may recommend that the Department contract
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
duties pursuant to subsection (3) of Section 8 of this Act.
(Source: P.A. 91-133, eff. 1-1-00.)
 
    (225 ILCS 305/11)  (from Ch. 111, par. 1311)
    (Section scheduled to be repealed on January 1, 2010)
    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
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
recognized educational body approved by the Board in accordance
with rules prescribed by the Department.
    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)
and a test of spoken English the Test of Spoken English (TSE)
as defined by rule.
(Source: P.A. 91-133, eff. 1-1-00.)
 
    (225 ILCS 305/12)  (from Ch. 111, par. 1312)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 12. Examinations; subjects; failure or refusal to take
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:
        (a) pre-design (environmental analysis, architectural
    programming, and application of principles of project
    management and coordination);
        (b) site planning (site analysis, design and
    development, parking, and application of zoning
    requirements);
        (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);
        (d) building technology (application of structural
    systems, building components, and mechanical and
    electrical systems);
        (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);
        (f) lateral forces (identification and resolution of
    the effects of lateral forces on the technical aspects of
    the design of buildings and the process of construction);
        (g) mechanical and electrical systems (as applied to
    the design of buildings, including plumbing and acoustical
    systems);
        (h) materials and methods (as related to the design of
    buildings and the technical aspects of construction); and
        (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
    project).
    It shall be the responsibility of the applicant to be
familiar with this Act and its rules.
    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.
    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
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.
    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.
    An applicant has one year from the date of notification of
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.
(Source: P.A. 91-133, eff. 1-1-00; 92-16, eff. 6-28-01.)
 
    (225 ILCS 305/13)  (from Ch. 111, par. 1313)
    (Section scheduled to be repealed on January 1, 2010)
    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
National Architectural Accrediting Board, has completed the
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
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
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.
    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.
(Source: P.A. 93-1009, eff. 1-1-05; 94-543, eff. 8-10-05.)
 
    (225 ILCS 305/17.5 new)
    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".
 
    (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.
    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
suspension has occurred.
(Source: P.A. 86-711.)
 
    (225 ILCS 305/15 rep.)
    Section 20. The Illinois Architecture Practice Act of 1989
is amended by repealing Section 15.
 
    (225 ILCS 340/13 rep.)
    Section 25. The Structural Engineering Practice Act of 1989
is amended by repealing Section 13.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.